The Constitution of India is a progressive document that enshrines the values of equality, justice, and dignity for all citizens. Among its most significant features are the provisions that protect and promote the rights of women and children. From guaranteeing equal rights to promoting special support through policy, the Constitution lays a strong foundation for women’s empowerment. Over the years, the Indian government has also introduced various laws and welfare measures to further these objectives.
This article provides a detailed overview of the constitutional provisions, especially Fundamental Rights and Directive Principles of State Policy, which directly relate to women. It also highlights additional laws passed by the legislature that protect the rights and dignity of women and children in India.
Fundamental Rights for Women in the Indian Constitution
The Fundamental Rights, enshrined in Part III of the Constitution, form the cornerstone of Indian democracy. These rights apply equally to all citizens, but several articles are particularly relevant to women.
1. Article 14 – Equality before Law
This article guarantees equality before the law and equal protection of the laws to all persons. It means the State cannot deny women the same legal protections that are available to men. Whether it’s access to education, employment, or justice, women must be treated equally.
2. Article 15 – Prohibition of Discrimination
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. Importantly, Article 15(3) empowers the State to make special provisions for women and children, recognizing their historically disadvantaged status and enabling affirmative action.
3. Article 16 – Equality of Opportunity in Public Employment
Women have an equal right to seek employment or hold any position in public office. Article 16 ensures that no discrimination shall occur in public employment on the basis of sex, thus strengthening gender equality in the workplace.
4. Article 21 – Protection of Life and Personal Liberty
A broad and powerful provision, Article 21 guarantees the right to life and personal liberty, which includes the right to live with dignity. This article has been interpreted by the judiciary to include rights such as privacy, reproductive choices, and freedom from violence—matters deeply relevant to women.
5. Article 19(1)(g) – Freedom to Practice any Profession
This article ensures that women have the right to practice any profession or to carry on any occupation, trade, or business, subject to reasonable restrictions in the interest of the general public.
Directive Principles of State Policy (DPSPs) for Women’s Welfare
The Directive Principles of State Policy, listed in Part IV of the Constitution, are non-justiciable, meaning they are not legally enforceable. However, they serve as guidelines for governance and reflect the ideals of a welfare state. Several directives are targeted at the welfare and development of women.
1. Article 39(a) – Right to Livelihood
This provision directs the State to ensure that men and women equally have the right to an adequate means of livelihood. This underscores the commitment to economic empowerment of women.
2. Article 39(d) – Equal Pay for Equal Work
This article advocates for equal pay for equal work for both men and women. It encourages the elimination of gender-based wage disparities and has influenced labor laws across India.
3. Article 42 – Just and Humane Conditions of Work and Maternity Relief
This article is directly related to women workers. It mandates the State to make provisions for securing just and humane conditions of work and for maternity relief, laying the groundwork for maternity leave laws and workplace welfare measures.
4. Article 45 – Provision for Early Childhood Care and Education
Though this applies broadly to children, it is particularly beneficial for working mothers, ensuring support for child care and early education, easing the burden of care on women.
Important Laws Related to Women and Children
In addition to constitutional provisions, various statutes strengthen legal protections for women and children:
1. The Protection of Women from Domestic Violence Act, 2005
This law provides civil remedies and legal protection to women facing physical, emotional, sexual, or economic abuse within the home.
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Enacted in response to the Vishaka Guidelines, this law aims to protect women from harassment at work and mandates the establishment of Internal Complaints Committees (ICCs) in all organizations.
3. The Prohibition of Child Marriage Act, 2006
This law prohibits marriage of girls below 18 years of age and boys below 21, ensuring protection from early and forced marriages.
4. The Maternity Benefit Act, 1961 (Amended in 2017)
It provides for paid maternity leave, crèche facilities, and protection against dismissal during maternity leave. The 2017 amendment increased paid leave to 26 weeks for working women.
5. The Juvenile Justice (Care and Protection of Children) Act, 2015
This act addresses children in need of care and protection, including orphaned, abandoned, or abused children. It sets guidelines for adoption, rehabilitation, and legal aid.
Government Schemes Empowering Women
Several schemes have been launched to support the constitutional and legal framework:
- Beti Bachao, Beti Padhao – Aims at improving child sex ratio and promoting education for girls.
- Pradhan Mantri Matru Vandana Yojana (PMMVY) – Offers financial assistance for pregnant women and lactating mothers.
- Ujjwala Scheme – Supports victims of trafficking and sexual abuse by providing shelter and rehabilitation.
Judicial Interpretation Supporting Women’s Rights
Indian courts have played a proactive role in interpreting constitutional rights to protect women. For example, in the Vishaka v. State of Rajasthan (1997) case, the Supreme Court laid down guidelines for sexual harassment prevention in workplaces. Similarly, in Joseph Shine v. Union of India (2018), the apex court struck down Section 497 IPC, decriminalizing adultery and emphasizing women’s autonomy.
✅ Mnemonic to Remember Provisions for Women
Use the mnemonic “WOMEN CARE” to recall key constitutional provisions and supportive laws:
- W – Work and Wages (Article 39(a), 39(d), Maternity Benefit Act)
- O – Opportunity (Article 16 – Equality in Public Employment)
- M – Maternity Relief (Article 42, PMMVY)
- E – Equality (Article 14, Equal Pay, Domestic Violence Act)
- N – No Discrimination (Article 15, 15(3), Child Marriage Act)
- C – Constitutional Dignity (Article 21 – Right to Life and Dignity)
- A – Autonomy & Access (Freedom to Practice Profession – Article 19)
- R – Rights of Children (Article 45, Juvenile Justice Act)
- E – Empowerment (Schemes like Beti Bachao, Ujjwala, etc.)
Conclusion
The Indian Constitution and legal framework have evolved to recognize and uphold the rights of women and children. While Fundamental Rights ensure basic liberties and equality, Directive Principles guide the State to create conditions for their welfare. Together, they form a robust system aimed at empowering women, protecting children, and fostering a just society. However, the real challenge lies in implementation and awareness. As responsible citizens, it is crucial to understand these rights and ensure they are respected and upheld at every level.
