The Constitution of India not only grants equality to women
but also empowers the State to adopt measures of positive discrimination in
favour of women for neutralizing the cumulative socio-economic, education, and political
disadvantages faced by them. The Constitution of India prohibits discrimination
based on sex but it equally directs and empowers the government to undertake
special measures for women. The Constitution provides many protection rights
for women such as Protective discrimination in favor of women, the Right to freedom
of women, the Right of women against exploitation, the Rights of women under directives, and political representations of women.
This policy envisaged equal rights to work, equal pay for
equal work, and adequate means of decent and dignified livelihood for both men and
women, these are guaranteed under the directive principles of State policy.
Part IV of the Constitution containing Articles 38, 39 (a) (d) and (e), 42, 44, and 45 deals with the welfare and development of women.
A. Equal justice and free legal aid
In the Indian Constitution, there are provisions to get Equal
justice and free legal aid to the needy. Such provisions are given in Article 38
of the Constitution of India, which reads as follows:
Article 38. State to secure a social
order for the promotion of welfare of the people -
(1) The State shall strive to promote
the welfare of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political, shall inform all
the institutions of the national life.
(2) The State shall, in particular,
strive to minimize the inequalities in income, and endeavour to eliminate inequalities
in status, facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in different vocations.
Legal Aid means giving free legal services to the poor
and needy who are unable to afford the services of an advocate for the conduct
of a case or a legal proceeding in any court, tribunal, or before any judicial
authority.
In the case of Hussainara khatoon vs. State of Bihar, it was
held that if an accused is not able to afford legal services then he has a
right to free legal aid at the cost of the state.
B. Principle of “equal pay for equal work” is a
constitutional goal.
This principle is provided in Clauses (a) and (d) of Article
39 of the Constitution of India, which read as follows:
Article 39: Certain principles of
policy to be followed by the State:
The State shall, in particular,
direct its policy towards securing—
(a) that the citizens, men and women
equally, have the right to an adequate means of livelihood;
(d) that there is equal pay for
equal work for both men and women;
India still lacks a comprehensive and transparent wage
policy for all the sectors of the economy. Gender equality is the goal, while
gender neutrality and gender equity are practices and ways of thinking that
help in achieving the goal. Gender parity, which is used to measure gender
balance in a given situation, can aid in achieving gender equality but is not
the goal in and of itself.
In Clause (a) of Article 39, all citizens, regardless of
gender, have equal rights and a decent livelihood.
Article 39(d) ensures that there is equal pay for equal work
for both men and women. The Parliament has enacted the Equal Remuneration Act,
1976 and implemented Article 39. The doctrine of ‘equal pay for equal work’ is
equally applicable to both men and women, even the daily wagers are also
entitled to the same wages as other permanent employees in the department employed
to do the identical work.
The Apex court in Randhir Singh v. Union of India has
expressed the opinion that the principle of “equal work” is not declared in the
Constitution to be a fundamental right but it is certainly a constitutional
goal.
C. Men and women workers to be protected equally
This principle is provided in Clauses (a) and (e) of Article
39 of the Constitution of India, which read as follows:
Article 39: Certain principles of
policy to be followed by the State:
The State shall, in particular,
direct its policy towards securing—
(a) that the citizens, men and women
equally, have the right to an adequate means of livelihood;
(e) that the health and strength of
workers, men and women, and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;
In Clause (a) of Article 39, all citizens, regardless of
gender, have equal rights and a decent livelihood.
According to Article 39(e) of the Constitution, the state is
required to ensure that the health and strength of women workers are not abused
and that they are not forced by economic necessity to enter avocations unsuited
to their strength and that of the children of underage to be protected equally.
They should not be forced to work under inhuman and hazardous conditions.
In M.C Mehta v. State of Tamil Nadu, it has been held that
in view of Article 39 the employment of children within the match in view of
Article 39 the employment of children within the matches factories directly
connected with the manufacturing process of matches and fireworks cannot be
allowed as it is hazardous. Children can, however, be employed in the process
of packing, etc. away from the place of manufacturing.
D. Provisions for maternity benefits:
Article 42 of the Constitution of India gives the provisions
for the safety of women in work conditions and maternity relief. The said article
reads as follows:
42. Provision for just and humane
conditions of work and maternity relief –
The State shall make provision for
securing just and humane conditions of work and for maternity relief.
E. Uniform Civil Code and Gender Equality
Article 44 of the Constitution of India gives the provisions
for Uniform Civil Code in India. In order to establish true equality among the
citizens of the country, the State must enforce the Uniform Civil Code. Gender
justice means social, political, and economic equality for women. The Article reads
as follows:
44. Uniform civil code for the
citizens –
The State shall endeavour to secure
for the citizens a uniform civil code throughout the territory of India.
It suggests the abolition of the patriarchal system that has been infused with the system. Gender justice is indispensable for ‘development’ in a
true sense. The implementation of a uniform civil code and the issue of gender
justice, two are closely connected to each other in the Indian socio-legal perspective. Women empowerment in core areas like social status, gender bias,
health, security, and empowerment are of urgent necessity. There is no Uniform
Civil Code in India but a Uniform Criminal Code exists. Criminal law is
equally applicable to all citizens irrespective of their religious affiliation.
However, in the case of civil law particularly in the matter of personal laws, there is no uniformity. World history is evidence of the fact that one of the
most neglected ideas has been that of women’s rights. Around half of the
world’s population has been denied equality in almost every sphere of life.
This statement is a testimony to the fact that equality without gender justice
is no equality at all.
In a landmark judgment in Sarla Mudgal versus U.O.I: The
Supreme Court has passed directions to the Central Government to review Art. 44
of the Constitution which permits the state to guarantee a uniform civil code
(U.C.C). According to the court, it is imperative and essential for the
protection of the oppressed and for the promotion of public solidarity and
integrity.
F. Free Education for female children:
The right to education is a fundamental right and Article 45 provides
the directive principle to impart free education to all children of India
irrespective of their gender, caste, creed, religion, etc. until they complete
the age of fourteen years. The Article reads as follows:
Article 45 Provision for free and
compulsory education for children –
The State shall endeavour to
provide, within a period of ten years from the commencement of this Constitution,
for free and compulsory education for all children until they complete the age
of fourteen years.
As per Article 45, all children are to be given free
education irrespective of their gender.
Thus Directive Principles of State Policies through Articles
38, 39 (a), (d) and (e), 42, 44, and 45 provide for the feminist
jurisprudence.
References:
1) DIRECTIVE PRINCIPLES OF STATE POLICY AND WOMEN IN INDIA
2) Women Rights under the Constitution of India
3) PART IV DIRECTIVE PRINCIPLES OF STATE POLICY
