Gender Equality in the Indian Constitution

1. Preamble: Provides “equality of status and of opportunity” and “justice—social, economic, and political” for all, establishing the groundwork for gender justice.

2. Article 14: Promotes gender equality in all governmental and legal operations, ensuring equality before the law.

3. Article 15(1): Prohibits discrimination on the basis of sex.

4. Article 15(3): Affirmative action for the benefit of women and children is permitted.

5. Article 16: Guarantees equal opportunities in public work for all individuals, regardless of their gender.

6. Article 23: Outlaws forced labor and human trafficking, which disproportionately impact women and girls.

7. Article 39(a) and (d): Guarantees equal income for men and women and enshrines the idea of equal compensation for equal labor.

8. Article 42: Promotes maternity leave and fair and compassionate working conditions.

Human Rights and Gender Perspective

Gender equality is strongly supported in the Indian Constitution. The Preamble lays the groundwork for a society in which everyone is treated equally, including women. It sees a country where all citizens have equal access to justice and opportunities. There is a strong foundation for gender equality in the Indian Constitution. It forbids discrimination, ensures equal rights, and permits affirmative action to strengthen the position of women. The equitable treatment of all genders, guaranteeing equal rights and opportunities, is referred to as gender equality. Achieving gender equity in India is crucial because of the country’s deeply ingrained patriarchal practices. As the founding document of India, the Constitution strongly supports this goal, changing and developing throughout time to fulfill the nation’s goals.

Key Takeaways

  • The Indian Constitution contains several clauses that address gender equality.
  • The principle of gender equality is enshrined throughout the document, from the Preamble to the Fundamental Rights, Directive Principles, and Fundamental Duties.
  • The Dowry Prohibition Act (1961), the Hindu Succession (Amendment) Act (2005), the Prevention of Sexual Harassment at Workplace Act (2013), etc. are major acts that have ensured gender equality and the welfare of women.

Table of Content

  • Instances of Gender Inequality
  • Gender Equality in the Indian Constitution
  • Human Rights and Gender Perspective: FAQs

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Instances of Gender Inequality

1. Traditional Hindu Religious Texts: The aforementioned gender equity rules go against the customs of individuals who uphold traditional religious principles. For instance, Manu’s traditional Hindu religious legal system allows for different treatment of the law and punishment according to caste and gender. Islamic legal traditions also exhibit gender inequality. The establishment of a uniform civil code, which has remained an unfulfilled aspirational requirement in the Constitution, was further hindered by the conflicting gender disparities of the two communities....

Gender Equality in the Indian Constitution

1. Preamble: Provides “equality of status and of opportunity” and “justice—social, economic, and political” for all, establishing the groundwork for gender justice....

Human Rights and Gender Perspective: FAQs

What is gender discrimination in human rights?...