Discrimination women in Modern India : A critical analysis in light of right to equality

Women have faced social and economic disadvantages in this nation for millennia. They have been denied the opportunity to participate equally in the nation’s socioeconomic operations.

By eliminating gender bias, filling in gaps in procedural laws, and tightening laws governing evidence, laws have slowly and silently moved toward increasing the political participation of women. In the current era, gender justice is recognised as a function of the constitution. It is most appropriate for the country’s highest law to actively address the issue of women and respond to challenges by encouraging the entire legal system to show more concern and safeguard women.

However, while a law cannot completely transform a community, it can ensure that those who are less fortunate are not provided for.

Constitutionalism for Women

The Indian Constitution has done an outstanding job of safeguarding gender justice in the nation’s top law. The Constitution’s preamble guarantees, among other things, social, economic, and political justice as well as equality of opportunity and respect for human dignity. It acknowledges women as a distinct class and authorizes the adoption of regulations and protections that benefit them. Affirmative action in favour of women is expressly provided for in a number of provisions of our Constitution. It establishes the groundwork for ensuring equal opportunity for women in all spheres of life, including education, employment, and participation. It forbids all forms of discrimination against women.

One of the pillars of India’s constitutional structure is the abolition of gender-based discrimination. In reality, the Constitution gives the State the authority to implement positive discrimination policies in favour of women in order to counteract the accumulated discrimination and disadvantages that women experience. The right to equality is guaranteed to women in Article 14 of the Indian Constitution, while Article 15(1) expressly forbids sex- based discrimination. and article 15(3) empowers the state to establish particular arrangements for women, enabling affirmative and positive action in their favour. In situations pertaining to public employment or nomination to any office, Article 16 of the Constitution guarantees equality of opportunity to everyone and expressly prohibits discrimination on many grounds, including sex. These. Although these principles are strictly not justiciable, the Supreme Court of India, through its judicial activism, has infused dynamism into these non-justiciable provisions and issued directions to the state to implement them. The Indian Constitution’s 73rd and 74th Amendments (1993) represented a significant advance in increasing the participation of women in the democratic process. 33.33 percent of elected seats at various levels of local government, in both rural and urban areas, were set aside for women under these amendments. Additionally, there is a one-third reservation for women for the positions of these local bodies’ chairs. A constitutional amendment to increase the participation of women in legislatures through reservations is expected to widen this.

Method of Judiciary

In the cases of Muthamma v. Union of India and Air India v. Nargesh Mirza, the Supreme Court invalidated discriminatory service requirements that required female employees to acquire government approval before getting married and barred married and pregnant women from employment.

The Supreme Court noted in Vishaka v. State of Rajasthan that gender-specific violence against women, such as sexual harassment at work, can substantially hinder equality in the workplace. and as a result, guidelines were created to guarantee that women had equal working conditions and were shielded from sexual harassment. This was supported in Apparel Export Promotion Council v. A K Chopra, a case in which the Supreme Court affirmed disciplinary actions for sexual harassment that resulted in the employee’s termination from service.

In the cases of Muthamma v. Union of India and Air India v. Nargesh Mirza, the Supreme Court invalidated discriminatory service requirements that required female employees to acquire government approval before getting married and barred married and pregnant women from employment.

The Supreme Court noted in Vishaka v. State of Rajasthan that gender-specific violence against women, such as sexual harassment at work, can substantially hinder equality in the workplace. and as a result, guidelines were created to guarantee that women had equal working conditions and were shielded from sexual harassment. This was supported in

Apparel Export Promotion Council v. A K Chopra, a case in which the Supreme Court affirmed disciplinary actions for sexual harassment that resulted in the employee’s termination from service.

Conclusion

Empowering women is a role shared by all branches and levels of government, including the legislative, executive branch, and judiciary at all levels of federal, state, and municipal government. Many laws have been passed in an effort to achieve gender equality and fulfil both the requirements of international agreements and the Indian Constitution. A combined reading of Articles 14, 15, and 21 of the Indian Constitution states unequivocally that no law that discriminates against women may be created or put into effect. The state of the law has been the sole subject of this essay. Law, however, is unable to eliminate injustices or promote empowerment, development, or justice. Without a doubt, it can serve as a launch, but significant executive initiative, social.

Written By- Ayam Singh

Lovely Professional University

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