Constitutional Framework:
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- The Indian Constitution, in its Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles, upholds the principle of gender equality.
- Empowers the State to adopt positive discrimination measures to address socio-economic, educational, and political disadvantages faced by women.
- India ratified the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993, committing to securing equal rights for women.
Constitutional Provisions:
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- Article 14: Ensures equal rights and opportunities for men and women in political, economic, and social spheres.
- Article 15: Prohibits discrimination based on religion, race, caste, sex, etc.
- Article 16: Provides equality of opportunities in matters of employment or appointment under the state.
- Article 39(a)(d): Ensures policy security, equality, right to livelihood, and equal pay for equal work for both men and women.
- Article 42: Directs the State to ensure just and humane conditions of work and maternity relief.
Legal Provisions:
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- Factories Act 1948: Restricts a woman’s work hours and prohibits employment beyond specified times.
- Maternity Benefit Act 1961: Grants a woman 12 weeks of maternity leave with full wages.
- Dowry Prohibition Act, 1961: Declares demanding dowry at any stage as an offense.
- Equal Remuneration Act 1976: Ensures equal wages for equal work and prohibits discrimination in recruitment.
- Child Marriage Restraint Act 1976: Raises the minimum age for marriage for girls to 18.
- Indian Penal Code – Section 354 and 509: Safeguards women’s interests.
- Medical Termination of Pregnancy Act 1971: Safeguards women from unnecessary and compulsory abortions.
- Amendments to Criminal Law 1983: Provides for punishment in rape cases.
- 73rd and 74th Constitutional Amendment Act: Reserves 1/3rd seats in Panchayats and Urban Local Bodies for women.
- National Commission for Women Act, 1990: Established to review constitutional and legal safeguards.
- Protection of Human Rights Act, 1993: Ensures protection against human rights violations.
- Protection of Women from Domestic Violence Act, 2005: Protects women from various forms of abuse within domestic settings.
- Protection of Women against Sexual Harassment at Workplace Bill, 2010: Aims at safeguarding women in workplaces, including clients, customers, and students. Passed in Lok Sabha on 3.9.2012.Top of Form
