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Constitutional Provisions for Women in our Constitution | Indian Society for UPSC CSE PDF Download
- Article 14 – Men and women to have equal rights and opportunities in the political, economic and social spheres.
- Article 15(1) – Prohibits discrimination against any citizen on the grounds of religion, race, caste, sex etc.
- Article 15(3) - Special provision enabling the State to make affirmative discriminations in favor of women.
- Article 16 – Equality of opportunities in matter of public appointments for all citizens.
- Article 23 – Bans trafficking in human and forced labor
- Article 39(a) - The State shall direct its policy towards securing all citizens men and women, equally, the right to means of livelihood.
- Article 39(d) - Equal pay for equal work for both men and women.
- Article 42 – The State to make provision for ensuring just and humane conditions of work and maternity relief.
- Article 51 (A)(e) - To renounce the practices derogatory to the dignity of women
- Article 300 (A) - Right of property to women
- 73rd and 74th Amendment Act 1992 - Reservation 1/3rd of seats in local bodies of panchayats and municipalities for women.
(The day on which 73rd amendment became operational i.e April 24th is also declared as Women’s Empowerment Day).
Though at the time of our independence our constitution guaranteed social, economic & political equality, rights & protection to the Indian women however in reality we have still not been able to provide their due status in the society which has had led to the resurgence of issue based movements earlier in 1970s & has gained momentum again recently like anti dowry movement, anti-rape movements etc.
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FAQs on Constitutional Provisions for Women in our Constitution - Indian Society for UPSC CSE
| 1. What are the constitutional provisions for women in our Constitution? |  |
Ans. The constitutional provisions for women in our Constitution are aimed at ensuring gender equality and empowering women. Some of the key provisions include:
1. Right to Equality: Article 14 of the Constitution guarantees equality before the law and equal protection of laws to all individuals, including women. This provision prohibits any discrimination based on gender and promotes gender equality.
2. Right against Discrimination: Article 15 prohibits discrimination on grounds of sex, among other factors. It ensures that women are not denied access to public places, educational institutions, and job opportunities solely based on their gender.
3. Reservation in Panchayats: Article 243D and 243T provide for reservation of seats for women in Panchayats and Municipalities, ensuring their participation in decision-making at the grassroots level.
4. Maternity Benefits: Article 42 directs the state to make provisions for securing just and humane conditions of work and maternity relief for women. This provision includes maternity leave, maternity benefits, and facilities for childcare.
5. Prohibition of Triple Talaq: The Muslim Women (Protection of Rights on Marriage) Act, 2019, prohibits the practice of instant triple talaq, which was a discriminatory practice against Muslim women.
| 2. How does Article 14 of the Constitution ensure gender equality for women? | |
Ans. Article 14 of the Constitution guarantees equality before the law and equal protection of laws to all individuals, including women. It ensures that women are not discriminated against solely based on their gender. This provision prohibits any arbitrary and unfair treatment towards women and promotes gender equality in various spheres of life, including education, employment, and access to public places. Article 14 ensures that women have the same legal rights and opportunities as men, and any discrimination based on gender is considered a violation of this constitutional provision.
| 3. What is the significance of reservation for women in Panchayats and Municipalities? | |
Ans. The reservation for women in Panchayats and Municipalities, as provided by Article 243D and 243T of the Constitution, is of great significance. It ensures the participation of women in the decision-making process at the grassroots level. The reservation ensures that women have a platform to voice their concerns and contribute to local governance. It helps in addressing gender disparities, empowering women, and promoting gender equality. The reservation also helps in challenging traditional gender roles and stereotypes by providing opportunities for women to take up leadership positions and actively participate in shaping policies and programs that impact their lives.
| 4. How does the Constitution protect women's rights against discriminatory practices like triple talaq? | |
Ans. The Constitution protects women's rights against discriminatory practices like triple talaq through legislative measures. The Muslim Women (Protection of Rights on Marriage) Act, 2019, was enacted to prohibit the practice of instant triple talaq, which was a unilateral and discriminatory way of divorce. This act ensures that Muslim women have the right to a dignified and equal treatment within their marriages. It provides legal protection to Muslim women against the arbitrary and instant dissolution of their marriages, thereby safeguarding their rights and ensuring gender equality.
| 5. What are the provisions in the Constitution regarding maternity benefits for women? | |
Ans. The Constitution, through Article 42, directs the state to make provisions for securing just and humane conditions of work and maternity relief for women. This provision ensures that women have access to maternity benefits, such as maternity leave, maternity pay, and facilities for childcare. Maternity benefits are crucial for women's health and well-being, as well as for the healthy development of the child. These provisions aim to protect women's rights, promote gender equality, and create a supportive environment for women to balance their work and family responsibilities.
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