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Constitutional Provisions and State Initiatives

2022 SOCIOLOGY-COMPLETE SOLUTIONS

Following are some of the provisions made in favor of women in our constitution:

Article 14 in the Indian Constitution ensures equality in the political, economic and social spheres. Article 16 provides for equality of opportunity for all citizens in matters of public appointment. However, the proportion of women in politics is much lower than that of men. How many women are in positions of power in government-run institutions? Unmarried women do not get jobs easily because employers fear that they will leave the job after getting married. They also find it difficult to find a house to rent, which is not the case with single men. Cricket is a religion in India. does the government promote

Cricket for women or any other type of team sport for women?

Article 15 prohibits discrimination against any citizen on grounds of religion, race, caste, sex, etc. There are some places of worship in South India where women are not allowed to enter. Advertisements of ‘fairness’ creams are telecast on television without any restrictions. These ad films show the ‘brown’ Indian woman can’t get a job, can’t find a man and is generally looked down upon by everyone but when she turns fair, the story changes .

Article 15(3) of the Indian Constitution allows the state to make any special provision for women and children. Wife bashing is a favorite pastime in India. Women are subjected to physical and mental abuse by their husbands and their families. Women and children are always under the control of the ‘male’ head of the family. Achild is recognized in this country by his father’s name. while the west

In many countries, the child’s middle name becomes the mother’s name.

Article 39(a) mentions that the state shall direct its policies towards securing to all citizens, men and women, the right to the means of livelihood, while Article 39(c) ensures equal pay for equal work. When a male government employee is transferred from one place to another, is his wife given a new job at the new place’ Her career goals are of little importance to anyone. It can be displaced and uprooted anytime! The daily wages of female laborers in India are lower than that of male domestic workers. Bollywood actresses also get paid less than their male counterparts.

Article 42 directs the State to ensure just and humane conditions of work. Many times women are exploited by their boss. It is believed that women who keep their boss happy get promoted easily in the corporate world. Male coworkers never fail to make passes at women.

The Constitution through Article 15 imposes a fundamental duty on every citizen

(A) (E) To renounce practices derogatory to the dignity of women. What is the government doing against eve-teasing’ Can a woman spend an entire day on the streets of the national capital without receiving a series of comments degrading her dignity? Another law that protects women from petty crimes is IPC section 509. This law punishes those persons who have insulted the modesty of a woman. Objectionable language, voice, gesture and interference with the privacy of a woman are punishable under this law. Outraging the modesty of a woman is also punishable under section 354 of the IPC. Under this law, a person who assaults, uses criminal force on a woman or in any other way outrages her modesty can be punished with imprisonment of up to 2 years. In fact the people appointed by the state to ensure that people do not violate any rules are policemen who have committed many crimes against women. Policemen are often found abusing, cursing and passing lewd comments at women not only on the streets but also inside the police station. We also have many honorable politicians

If the principle of gender equality is enshrined in the Indian Constitution, then why are Indian women treated as second citizens in their own country? women. However, the various forms of discrimination that women in India are subjected to are far from positive.

It is claimed that since the Fifth Five Year Plan (1974–78), there has been a marked change in the approach towards women’s issues from welfare to development. Where is the development? Yes, there has been some improvement in the status of urban women, but the change in their lifestyle was not accompanied by a change in the general mindset of people in our patriarchal society. Thus, some laws should have been enacted to protect the newly emancipated and urbanized Indian women. What is the percentage of urban women in India, anyway? What about the rest? These privileged few would have prospered with or without the laws. Has there been any significant change in the status of rural women after the fifth five year plan?

The National Commission for Women was established by an Act of Parliament in 1990 to protect the rights and legal entitlements of women. “The 73rd and 74th Amendments to the Constitution of India (1993) have provided for reservation of seats for women in local bodies of Panchayats and Municipalities, laying a strong foundation for their participation in decision-making at the local level.” These reserved seats are often vacant

or elected by male candidates as women rarely contest for such seats. Why? Mere existence of laws cannot automatically bring revolutionary changes in the society. In a country where women have no control over their lives and no decision-making power in their homes, do you think they will be encouraged to join local governing bodies?

Gender inequality is found everywhere in India. The declining proportion of female population in the last few decades is a proof of this. The stereotypical image of a woman haunts her everywhere. Domestic violence is common. The underlying causes of gender inequality are related to the socio-economic structure of India. As a result, women from weaker sections of the society i.e. SC/ST/OBC and minorities do not have easy access to education, health and other productive resources. Therefore, they remain largely marginalised, poor and socially isolated.

Involved in all kinds of crimes against women.

Laws such as the Immoral Traffic (Prevention) Act, the Sati Prevention Act, the Dowry Prohibition Act and the Indecent Representation of Women (Prevention) Act protect women from more “traditional” crimes such as rape, kidnapping, dowry, torture, molestation, sexual harassment. and selling girls into slavery. However, trafficking in women is still very common in this poverty-stricken country. Women from economically backward families are abducted and forced into prostitution. Recently, incidents of burning women to death after the death of their husbands have come to the fore. give and take dowry

Officially it is a crime but this practice continues. In fact, it is believed that if you want to get your daughter married, you must first arrange for her dowry, even if your daughter is educated and financially independent.

Female feticide and infanticide are common practices in this country. If the girl is allowed to live, she is subjected to all kinds of tortures in her own house. She is not allowed to go to school, instead she is forced to do menial jobs and is married off as a teenager. People in rural areas fear that their daughters may be raped so it is better to get them married. Ironically, the Child Marriage Restraint Act sets the minimum age of marriage at 18 to protect women from child marriage. Women, be it urban or rural, face all kinds of sexual harassment throughout their life. So what is the use of these laws?

There are many women in India who are trapped in violent marriages. Due to the social stigma attached to divorce, many women do not have the courage to break free from it.

Housewives account for 52% of the total female suicide cases in India. Section 306 of IPC can punish husband of suicide victim up to 10 years

Years imprisonment if found guilty. How many such men have been punished so far?

Thus, there are many laws to protect women, but what is the use of having these laws when no one follows them? In fact, the people whose job it is to enforce these laws are the ones who publicly violate them. Moreover, many women are not familiar with the law and few are aware of the rights and privileges given to them by the constitution. So they passively tolerate all kinds of discrimination.

Important Constitutional and Legal Provisions for Women in India

The principle of gender equality is enshrined in the Preamble, Fundamental Rights, Fundamental Duties and Directive Principles of the Indian Constitution. The Constitution not only provides equality to women but also empowers the State to adopt measures of positive discrimination in favor of women. Within the framework of a democratic polity, our laws, development policies, plans and programs aim at the advancement of women in various fields. India has also ratified various international conventions and human rights instruments committed to secure equal rights for women. Chief among them is the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993.

constitutional provision

The Constitution of India not only grants equality to women but also empowers the state to adopt measures of positive discrimination in favor of women so as to neutralize the cumulative socioeconomic, educational and political disadvantages faced by them. The fundamental rights, among others, ensure equality before the law and equal protection of the law, ‘prohibit discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and provide opportunities to all citizens guarantee equality. employment. Articles 14, 15, 15(3), 16, 39(A), 39(B), 39(C) and 42 of the Constitution are of special importance in this regard.

constitutional privilege

 Equality before law for women (Article 14)

 The State shall not discriminate against any citizen on grounds only of religion, race/caste/sex, place of birth or any of them (Article 15(i)).

 State should make any special provision in favor of women and children (Article 15(3))

 Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16)

 The state should direct its policy towards securing equally for men and women

Right to adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and women (Article 39(d))
To promote justice / to provide free legal aid on the basis of equal opportunity and by suitable law or scheme or in any other way to ensure that access to justice is not available to any citizen by reason of economic or other disabilities. are not denied opportunities to (Article 39A)
State to make provision for securing just and humane conditions of work and for maternity relief (Article 42)
The State shall promote with special attention the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation (Article 46).
The state will raise the nutritional level and standard of living of its people
(Article 47)
To promote harmony and the spirit of common brotherhood among all the people of India and to renounce practices derogatory to the dignity of women (Article 51(a)(e))
At least one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats in each Panchayat to be filled by direct election in each Panchayat and one such Panchayat Seats to be allotted by rotation to different constituencies in (Article 243D(3))
Not less than one-third of the total number of offices of the Speakers
Panchayats to be reserved for women at every level (Article 243

D(4))

At least one-third (including the number of seats reserved for women belonging to Scheduled Castes and Scheduled Tribes) of the total number of seats in each municipality to be filled by direct election and rotation to different constituencies in one such municipality Seats to be allotted by (Article 243T(3))
Reservation of offices of chairpersons in municipalities for SCs/STs and women, as follows. The Legislature of the State may by law provide (Article 243T(4))

2022 SOCIOLOGY-COMPLETE SOLUTIONS

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legal provision

To uphold the constitutional mandate / to ensure equal rights / the State has implemented various legislative measures / to combat social discrimination and various forms of violence and atrocities and to provide support services especially to working women.

Although women may be victims of any crime such as ‘murder’, ‘dacoity’, ‘cheating’ etc., the crime/s which

For example, women/ are portrayed as ‘crimes against women’. These are broadly classified into two categories.

o Identified offenses under the Indian Penal Code (IPC)

 Rape (see 376 IPC)

 Kidnapping and kidnapping for various purposes (see. 363-373)

 Dowry, dowry death or murder for their attempts (Vide. 302/304-8 IPC)

 Torture/both mental and physical (Vide 498-A IPC)

 Tampering (see 354 IPC)

 Sexual assault (see 509 IPC)

 Import of girls (up to the age of 21)

Offenses Identified under Special Laws (SLL)

Although not all laws are gender specific ~ the provisions of law significantly affecting Vyom have been reviewed from time to time and amendments have been made to keep pace with emerging needs. Some . Acts which have special provisions for the protection of women and their interests:

(i) Employees’ State Insurance Act, 1948

(ii) Plantation Labor Act, 1951

(iii) Family Courts Act, 1954

2022 SOCIOLOGY-COMPLETE SOLUTIONS

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