WOMEN EMPOWERMENT & CONSTITUTIONAL PROVISIONS

“Each time a woman stands for herself, she stands for all women.”

                                                                                                            -Maya Angelou

Women have tremendously contributed towards all the spheres of life and liberty and therefore enjoy a special status in every society and state. However, they belong to a disadvantageous position because of certain impediments and barriers. India is no exception to the same. The women, therefore, must be empowered in legal, social, and political spheres. The UN Conventions clearly reflect the issues faced by women all over the world.[1]

In India, the Drafting Committee, was aware of the issues faced by the women and therefore made specific provisions for them. The constitution, in various articles, is discriminatory in favour of women and children to establish equal protection of law and equality before law.

Meaning of Women Empowerment

The Merriam-Webster Dictionary defines Empowerment as ‘the granting of the power, right, or authority to perform various acts or duties’[2]Empowerment aims at enabling or authorising individuals to think or take actions in an autonomous way. It includes control over the resources (physical, human, intellectual and economical) and the ideology (belief, faith and attitudes). Women empowerment is essential to development of the society as it grants equal status to women giving them the power to think and act freely and to fulfil their potential.

United National Development Fund for women (UNIFEM) defines women empowerment as:

• Acquiring knowledge and understanding of gender relations and the ways in which these relations may be changed.
• Developing a sense of self-worth, a belief in one’s ability to secure desired changes and the right to control one’s life.
• Gaining the ability to generate choices exercise bargaining power.
• Developing the ability to organize and influence the direction of social change, to create a more just social and economic order, nationally and internationally.

Constitutional Provisions

1. Preamble

The Preamble to the constitution is the essence of the constitution and reflects the ideas of the makers of the constitution. The Preamble begins with the words ‘We, the people of India’, specifying that everyone is equal irrespective of gender, caste, creed, etc. Further, the preamble ensures the social, political and economical justice for all thus aiming at equality of opportunity and status.

2. Fundamental Rights

Part III of the Constitution (Art. 12-35) is heart of the Constitution. The framers of the Constitution were conscious of the unequal treatment and discrimination meted out to the women from time immemorial and hence included various provisions for the upliftment of the status of women.

• 14- The state guarantees equality before law and equal protection of law within the territory of India.
• 15- Prohibits any discrimination against any citizen based on religion, race, cast, sex, or place of birth or any of them. Art. 15(3) further authorises the state to make positive discrimination in favour of women and children in order to better their social condition and provide political, economicand social justice.

• 16- Provides for equal opportunitiesto every citizen in the matters of employment and appointmentin any office under the state prohibiting any discrimination only on the grounds only of religion, race, cast, sex, descent,place of birth, residence or any of them.

Constitution implicitly provides equal opportunities for women however the courts have held that that Art. 16 only provides with de jure equality and not de facto equality. There is a significant gap in constitutional rights on paper and in practice.

In case of Air India v. NargeshMeerza[3], the airhostesses of Air India Int. Corp. approached the court against the discriminatory service conditions. The regulations provided that an airhostess could not get married before completing 4 years of service. As, the rule did not apply to male employees it was alleged to be discriminatory on the ground of sex. The SC struck down the Air-India Regulation as unconstitutional as the conditions were arbitrary and whimsical.

In the case of A.P. v. P.B. Vijayakumar[4]held that the 30% reservation given to women under the Andhra Pradesh was just and reasonable and hence valid.

• 21- Gender equality emanates from the right to life and liberty which is guaranteed under Art. 21. The SC in Vishaka v. State of Rajasthan[5] framed the guidelines relating to sexual harassment of women at workplace. The ratio decidendi was to ensure the right to work with dignity under Art. 14, 15, 19(1}(g) and 21 of the Constitution.
• 23- Prohibits trafficking in human beings and forced labour and indulging in any such act is made a punishable offence. In India, prostitution and purchasing & selling of human beings has been prevalent for a long time. The SC, in Gaurav Jain v. Union of India[6]highlighted the socio-economic plights of the women in prostitution and issued guidelines to prevent engaging of women in various forms of prostitution.

3. Directive Principles of State Policy

Directive Principles of State Policy are contained in Part IV of the Constitution. They are not enforceable in any court of law, but they are essential in the governance of the country as they provide for the welfare of thepeople, including women. Fundamental Rights correspond to individual rights while the Directive Principles of State Policypertain to social needs.

• 39- Lays down certain principles to be followed by the state. Art. 39(a) directs the state to formulate policy to ensure right to adequate livelihood to its citizens (both men and women). Art. 39(b) directs the state to make equal pay for equal work for both men and women. In pursuance to this the state passed The Equal Remuneration Act, 1976. Art. 39(e) makes specific directions to the state to not exploit health and strength of its workers (both male and female)
• 42- Directs the state to ensure just and humane conditions at work and for maternity relief. The state has implemented this directive in various legislations like Factories Act, Maternity Relief Act etc.
• 44- Directs the state to implement Uniform Civil Code (UCC) throughout India. It is particularly aimed at rendering gender justice. Even though, no efforts have been made to introduce Uniform Civil Code in India, but the judiciary has recognised the necessity of having uniform laws in the cases of marriage, succession, adoption, divorce etc.

4. Fundamental Duties

Parts IV-A which consists of Art. 51A was added to the constitution by the42nd Amendment, 1976. This Article specifies a code of eleven fundamental duties to be performed by citizens. The Art. 51A(e) clearly lays down that it’s a duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religion, linguistic, regional or sectional diversities; to renounce practices derogatory to the dignity of women”

5. 243D and 243T: Reservation of seats

The Art. clearly lays down that not less than 1/3^rd of the total seats shall be reserved for women belonging to the SCs or STs. Further not less than 1/3^rd of the total seats (including the ones for SCs and STs) would be reserved for women in every Panchayat and Municipal level election.

Conclusion

There discourse onposition of women in India and elsewhere, the global history has been one sided throughout its growth in terms of human rights. The history has always given prime importance to manhoodallowed the discourse of women rights. Lately, women rights have left its mark on the global horizon, and the world has been endeavouring to protect women by protecting women rights. The modern statesare making enormous efforts to empower women through legislations. However, despite lows to safeguard women rights, the rights are still continuously resolved at various levels, but there is still a long way to go.

[1] Available at https://www.ohchr.org/Documents/Events/WHRD/WomenRightsAreHR.pdf, Accessed on 01/01/2020.

[2] Empowerment [Def. 1] In Merriam Webster Online, Retrieved January 01, 2020, from https://www.merriam-webster.com/dictionary/empowerment.

[3]Air India v. NargeshMeerza, (1981) 4 SCC 335.

[4]A.P. v. P.B. Vijayakumar, 1995 (4) SCC 520.

[5]Vishaka v. State of Rajasthan, AIR 1997 SC 3011.

[6]Gaurav Jain v. Union of India, 1997 (8) SCC 114.