Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional and Legal Safeguards for Women in India

Constitutional Framework:

    • 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:

    • 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:

    • 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
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