Article 15 is a part of the Fundamental Rights under the Right to Equality (Articles 14–18) in the Indian Constitution. It prohibits the State from discriminating against any citizen on the basis of religion, race, caste, sex, or place of birth.
However, it also allows certain exceptions in the interest of social justice — and Article 15(3) is one of those.
🔹 What Does Article 15(3) Say?
“Nothing in this article shall prevent the State from making any special provision for women and children.”
🔹 Meaning and Purpose
This clause is an enabling provision. It gives constitutional validity to the Indian government to:
- Make special laws, policies, and schemes for the upliftment of women and children
- Promote equal opportunity and social justice
- Address the historical disadvantages and systemic discrimination faced by women
🔹 Why is Article 15(3) Important?
While Article 15(1) ensures equality, Article 15(3) balances that with the need for positive discrimination. It recognizes that true equality may require special support for disadvantaged groups.
It supports the principle of “Protective Discrimination” or “Affirmative Action”, especially for:
- Women’s safety
- Education of girls
- Health benefits
- Economic empowerment
- Reservation in jobs and politics
🔹 Examples of Laws/Policies Based on Article 15(3)
- Reservation of seats for women in Panchayats and Municipalities (Article 243D & 243T)
- Maternity Benefit Act
- Protection of Women from Domestic Violence Act
- Reservation for women in government jobs
- Special hostels, scholarships, and schemes for girl children
🔹 Supreme Court View
The Supreme Court of India has upheld the constitutional validity of women-focused laws, saying that special provisions for women do not violate the right to equality — rather, they enhance it by leveling the playing field.
In the Air India v. Nargesh Meerza case, the court upheld provisions that aimed to protect women in service roles.
🔹 Difference Between Article 15(3) and 15(1)
| Article 15(1) | Article 15(3) |
|---|---|
| Prohibits discrimination | Permits special treatment |
| Ensures formal equality | Enables substantive equality |
| Applies to all citizens | Specifically empowers women and children |
🔹 Conclusion
Article 15(3) reflects the vision of the Constitution to create a just and equal society by recognizing that equality doesn’t always mean treating everyone the same. Sometimes, it means treating people differently to achieve real fairness — and this is especially true when it comes to women and children.
