Protection of Women Under the Indian Constitution

Introduction:

In the pre-constitutional era especially in the context of the position given to women the idea of gender equality was certainly missing which led to unfettered discrimination against women. Furthermore, problems like the practice of Sati, looking down upon widow remarriages, lack of right to property, child marriages, female infanticide, lack of political participation prevailed in the society and made the lives of women miserable. This does not only showed the lack of due importance given to women but also showed the need for reformation was imperative.

At the time of India’s Independence, the constituent assembly was formed with the task of drafting India’s constitution. A substantial amount of importance was given to make the environment more women-friendly. The need for women advancements was realised and constituent assembly invariably included certain provisions to remove gender discrimination and improve their quality of life. The state was also given the power to take measures to create a favourable environment for women. In the course of this Article, I shall not only be discussing the important provisions enshrined in our Constitution for protection of women but also be discussing how these reformations took place and whether there is the scope of improvement or not.

Pre and Post Constitution – Historical Note

Historically, women were held with very admiration. They were often referred to as mataa or goddess. However, over time this position was substantially changed. They started becoming a victim of a patriarchal society which was characterized by muscle and money power. In the later Vedic period practice of polygamy damaged the reputation of women and daughters instead of being considered as a blessing were considered as misery. In the later civilizations, they were not even allowed to go to school also. Furthermore, the medieval period brought the practices of  Dowry and Sati.

It was Raja Ram Mohan Roy who fought against the practice of Sati and it was through his efforts that later on this practice was abolished by Lord William Bentinck in 1829. Dowry demand was another evil which prevailed at that time. It was assumed that the more educated or well employed the groom is the more shall be the demand for dowry. This lead to an increase in the number of cases of female foeticide as parents started considering daughters as a burden and which, in turn, led to the abrupt sex ratio in the country.

Gradually the majority of these problems came to an end when our country got Independence and constitution was framed. Participation of women nationalist in the process of Independence was widely acknowledged. With the formulation of our constitution, the fundamentals of equality were put forward and highly appreciated. Fundamental Rights like the right to equality before the law, right to life and liberty,  right of no discrimination based on sex and many more were bequeathed upon both men and women in the post-constitutional era.

Although these social legislations brought a substantial change in the lives of women, however, it was not enough. Another factor which was realised as raising the status of women was education. Therefore, steps were taken for women’s Education and different colleges and schools were established especially for women. Furthermore, women also started participating in the country’s economic activities and the political field. The post-constitutional era gave the equal right to vote to women and men and it also made provisions for women being legislatures in the parliament.

Constitutional Provisions

The Constitution of India[i] not only provides for equality to its citizens but it also provides power to states to make laws for the upliftment of the women. Below-mentioned are the Articles which deals with the said privileges:

• Article 14 – It provides for Equality before law for women and men.
• Article 15 (1) – It provides for the State shall not discriminate against any of its citizens only on the grounds of race, caste, sex, religion, place of birth or any of them.
• Article 15 (3) – This Article empowers the State to make special provisions for children and women.
• Article 16 – This Article provides for equal opportunities to all its citizens in respect of employment to any office under any state. No discrimination.
• Article 39 A – There shall not be a denial of free legal aid to any citizen of this country based on economic or any other disability. This Article aims to promote justice in the country.
• Article 42 – This Article provides for the state to form policies which secure humane and just conditions of work and also provides for maternity relief.
• Article 46 – This Article provides for the State to promote education and economic interest of the weaker section of the society and to form policies which not only save them from injustice but also from exploitation.
• Article 47 – It provides for the State to increase the level of nutrition and standard of living of its people.
• Article 51A (e) – It provides for promoting harmony and feeling of brotherhood in India and to do away with practices which decreases the dignity of women.
• Article 243D (3) – This Article provides for direct political participation of women in Panchayats. Not less than one-third of the total number of seats to be reserved for women in Panchayat elections.
•  Article 243D (4) – Reservation for women which shall not be less than one-third of the total number of offices of chairperson in the Panchayats.
• Article 243T (3) – This Article provides for direct political participation of women in municipalities. Not less than one-third of the total number of seats to be reserved for women in municipality elections.
• Article 243T (4) – It provides for reservation in the offices of municipalities for SCs, STs and Women in a manner provided by law.

All these Articles of Constitution shows that a substantial amount of importance has been given for the upliftment and protection of women in society. From equal rights and opportunities to three-tier political participation, the constitution has covered every aspect.

Furthermore, to uphold the principles enshrined in constitution various legislation has been passed and amendments had been made to already passed legislations by the state. These are also known as legal provisions. Few of these legal provisions are as follows:

• The Hindu Marriage Act 1995[ii] – This Act not only provided equal rights for women in the matters of divorce but also provided for maintenance in most of the cases.
• The Hindu Adoptions and Maintenance Act 1956[iii] –  This Act provided power to a Hindu Woman to adopt a child as a son or as a boy. There was no more a bar on adoption for the Hindu Woman
• The Hindu Minority and Guardianship Act of 1956[iv] – This Act aimed to provide for a woman as a natural guardian of her child.
• The Succession Act of 1956[v] –  This Act was one of the landmark Act of that time. It provided for a Hindu woman to get equal rights in the inheritance of family property. This Act upheld the concept of equality enshrined in our constitution.
• The Dowry Prohibition Act of 1961[vi] – This Act made the demanding and taking dowry as a legal offence and if a person is convicted under this offence then he shall be punished with imprisonment or fine or both.
• The Equal Remuneration Act of 1976[vii] – According to this Act wage discrimination between men and women was prohibited. This Act aimed at treating equals as equals.
• The Immoral Traffic (Prevention) Act 1956[viii] – This Act provides for limiting or abolishing prostitution in India by criminalising its various sex work.
• The Maternity Benefit Act 1961[ix] – This Act aimed at protecting women’s employment at the time of maternity and provides benefits like a full paid absence from work.
• The Prohibition of Child Marriage Act 2006[x] – Since it has been realised that marriages at the early stage not only put the lives of women in danger but also the life of the child is always at stake, this Act was passed to criminalise child marriages.

Special Initiative for Women

Apart from various social legislation, Acts and constitutional provisions for women various commissions and policies were established to safeguard the interest of women guaranteed by our constitution.

• National Commission for Women (NCW) – It is Statutory body of the Government of India which was established on 31^st January 1992 under the provisions of Indian Constitution. The objective of NCW was to voice the concern of women and to represent their rights.
• Reservation for women in Local Self Government – In the year 1992 the parliament passed 73^rd Constitutional Amendment[xi]. With the passing of this amendment one-third of the total seats in the local bodes were reserved for women.
•  National Plan of Action for Girl Child – This plan aimed at providing a better future for girls. The objective of the plan was to remove female foeticide/infanticide and elimination of gender discrimination
• National Policy for Empowerment of Women, 2001[xii] – It was in the year 2001 that the ministry of Human Resource Development formulated this policy. It aimed at bringing advancement, development and empowering women.

However, it has been seen that in our country the crime against women has been increasing at an increasing rate, in other words, it can be said that our country is still battling with the name tag “most dangerous country for women”. According to National Crime Record Bureau (NCRB) Crime in India Report 2017, a total of 3,59,849 cases were registered by women which are 21,849 cases up as compared to cases registered in 2016. Uttar Pradesh topped the list of State with the most number of cases registered by women followed by Maharashtra. Among the total number of cases registered, 27.9% of cases were of Cruelty by Husband or his relatives, 21.7% of the cases were of Assault on women with intent to outrage her modesty, 20.5% of cases were of kidnapping and abduction and 7.0% cases were of rape.[xiii]

Conclusion

Constitution of India has given to the country’s women their due protection and importance. It has given those rights to women which were non-existent in the pre-constitutional era.  However, the constitutional safeguards and judicial support alone cannot change the social attitude towards woman. What is required is that people should be educated more and to be made more literate so that they realise the importance of women in society. Courts and judges while dealing with the cases of a woman should show more resilience. The responsibility of uplifting our women should not only be shared by the state but it should also be shared by our community, legislator and our people.

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References:

[i] Constitution of India.

http://legislative.gov.in/sites/default/files/COI-updated.pdf

[ii] The Hindu Marriage Act 1995

https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf

[iii] The Hindu Adoptions and Maintenance Act 1956

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

[iv] The Hindu Minority and Guardianship Act of 1956

http://legislative.gov.in/sites/default/files/A1956-32_0.pdf

[v] The Succession Act of 1956

http://egazette.nic.in/WriteReadData/1956/E-2173-1956-0038-99150.pdf

[vi] The Dowry Prohibition Act of 1961

https://www.indiacode.nic.in/bitstream/123456789/5556/1/dowry_prohibition.pdf

[vii] The Equal Remuneration Act of 1976

https://labour.gov.in/sites/default/files/equal_remuneration_act_1976_0.pdf

[viii] The Immoral Traffic (Prevention) Act 1956

https://tcw.nic.in/Acts/Immoral_Traffic_Prevention_Act_(ITPA)_1956.pdf

[ix] The Maternity Benefit Act 1961

https://labour.gov.in/sites/default/files/TheMaternityBenefitAct1961.pdf

[x] The Prohibition of Child Marriage Act 2006

http://legislative.gov.in/sites/default/files/A2007-06.pdf

[xi] 73^rd constitutional amendment

https://blog-pfm.imf.org/files/73rd-amendment.pdf

[xii] National Policy for Empowerment of Women, 2001

https://wcd.nic.in/sites/default/files/National%20Policy%20for%20Empowerment%20of%20Women%202001.pdf

[xiii] Crime in India Report 2017

https://ncrb.gov.in/StatPublications/CII/CII2017/pdfs/CII2017-Full.pdf