Gender in constitution of India

I often see people having stereotypical mindset that they say laws always favours Women. There are more Women centric laws. Yes, I can accept that to certain extent. The fact has to be accepted that not all laws are blindly women centric. There laws give them only a paramount of protection since for years they have been the oppressed class.

Team Law Community
July 19, 2020


A general viewpoint that has to be put into our minds is that, every Citizen of India is given certain rights to protect their interest. Of course these are limited by some limitations.  We have Right to equality as one of our fundamental right and there should be no discrimination based on caste, race, class, sex and religion. Though the law gives protection,we are prone to inequalities in every corner of the society, be it a workplace, families, or any other place.

Constitutional Aspect:

 Article 14, 15, 16, and 39 these are certain constitutional aspect that are likely to highlight the problem of Inequality. Starting of with Art.14 which emphasis on 2 important things:Equality before the law, and Equal protection of the laws. Men  and women  share  the common  human  nature and so the  rights and  laws are  commonly applicable  for  them. But under certain situations there are being vulnerable, in order to protect them we have special laws for them.

Art.15 talks about there should not be any discrimination based on caste, race, class, sex and religion. But then in the same article, clause 2 gives power to the State government to make laws for women and children. Whereas, there laws should be beneficial to them and not oppress them or make their present condition even more badly.

Art.16 emphasis on equal opportunity to all citizens in the case of Public Employment.Whereas, there is certain amount of reservation is been made to the backward classes.

There are lot of article in the constitution in support of Women in order to balance the years and years of injustice laid to them. . I feel that this is a much needed positive discrimination in the favour of women. Few other Articles in constitution supporting the women are: Art. 39A, 42, 46, 47, 51A (e), 243D (3), 243D (4),243T (3), 243T (4)

India is a Gender Sensitive Society:

India ranks 101 out of 136 countries in Gender gap index taken by World Economic Forum in 2013, which means we are not worse but still little worse. This discriminatory attitude has been existed for generations affecting both the lives of men and women. Though there are laws granting gender equality it’s visible that gender disparities remain.

Mary Roy v. State of Kerala (1986 AIR 1011), was the first case were the government favoured a women petitioner for inheritance of the girl’s father property. It took about 20 years for the SC to hear a women’s voice. Later this was enacted as the Indian Succession Law, 1865.Countries like India, personal laws are taking much of space which is eventually striking down the rights of the women. There are several groups of people in India who are more concerned bought theirreligion, who have more faith in their religion, for them Indian laws cannot disturb their religious sentiments as it of Secular in nature.  


I am overwhelmed to see women’s enjoying lot of opportunities and many independent women’s are in making compared to the women of the yester years. There is no space for saying achieving a point. The empire has to keep expanding; we need to constantly remain them about their rights and Privileges. But are we doing it?I feel the reach is limited? I don’t find all women’s from a village or authentic family being independent; there might more unheard struggles with them. What is lacking here: Is it legislative law making or judiciary effectiveness or Executives implementation?