We often talk about women empowerment and yet we hear cases everyday against women in India. In a recent judgement also, Bombay High Court has quoted that the youth of this country must be taught law to avoid increasing criminal cases in the country.
There are some constitutional rights which is guarded by the Supreme Court of India and then there are some legal rights of the women which can be enforced by any courts in India having jurisdiction to enforce and provide remedy in case of prejudice.
There are some constitutional rights which is guarded by the Supreme Court of India and then there are some legal rights of the women which can be enforced by any courts in India having jurisdiction to enforce and provide remedy in case of prejudice.
Constitutional Rights:
The Constitution of India has some special provisions through which women in India are provided special constitutional rights. Some are in the form of Fundamental Rights and some are in the form of Fundamental Duties on every citizen. They are:
- Article 15 of the constitution provides that "The state shall not discriminate against any citizen of India on the ground of sex". It further empowers the State to make any law which ensures that the right of a woman is not infringed.
- Article 16 puts restrictions on the state to make sure that any government office or department does not employ any one on the grounds of sex or that the women are deprived of their right to employment in a government office based on sex.
- Article 23 strictly prohibits Human Trafficking and forced labour. Any one found of this offence will be prosecuted with serious charges under different sections of Indian Penal Code.
- Article 39 is to provide equal opportunity to both men and women and to provide equal means of livelihood. This article provides a very important right "Equal Pay For Equal Work".
- Article 42 guarantees every women the right to maternity relief and provides liability on the state to ensure the right is not prejudiced.
- Article 51-A(e) puts a liability on every citizen of India in the form of Fundamental Duties. Every citizen of India has a duty to renounce practices derogatory to the dignity of women.
Apart from the above mentioned Constitutional Rights of Women, there are other provisions in the constitution too which ensures reservation of seats in different government bodies for women.
Legal Rights:
From time to time the parliament and the state legislative assembly pass different acts and laws in respect of the women safety and security which in the form of Legal Rights the women exercise. If they are deprived of their legal rights, the State sets up several forms of remedy to ensure justice is delivered.
Some of the enactments are:
and there are a list of many more. Several provisions of Indian Penal Code also ensures that any crime against women will be dealt with severity and harsher punishment will be passed to the culprit.
Many recent judgements have also shown that the courts come upon very hard when it comes to the crime against women.
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