The constitutional provisions for women in India are established to address and rectify historical inequalities and discrimination women have faced. These measures acknowledge the essential role of women in the foundation of a just, equitable society and aim to ensure their equal participation in the political, economic and social spheres.

• Article 14 – Men and women to have equal rights and opportunities in the political, economic and social spheres.
• Article 15(1) – Prohibits discrimination against any citizen on the grounds of religion, race, caste, sex etc.
• Article 15(3)- Special provision enabling the State to make affirmative discriminations in favor of women.
• Article 16– Equality of opportunities in matter of public appointments for all citizens.
• Article 23– Bans trafficking in human and forced labor
• Article 39(a)- The State shall direct its policy towards securing all citizens men and women, equally, the right to means of livelihood.
• Article 39(d)- Equal pay for equal work for both men and women.
• Article 42– The State to make provision for ensuring just and humane conditions of work and maternity relief.
• Article 51 (A)(e)- To renounce the practices derogatory to the dignity of women
• Article 300 (A)- Right of property to women
• 73rd and 74th Amendment Act 1992- Reservation 1/3rd of seats in local bodies of panchayats and municipalities for women.
• The Constitution (106th Amendment) Act, 2023, reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs.

These provisions collectively constitute a robust framework for advancing women’s rights and status in India. By embedding rights and protections for women within the Constitution, India commits to creating a legal and social environment that promotes gender equality. This commitment is not only about fairness but also about recognising the diverse contributions women make to society’s development.

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The provisions seek to empower women, guarantee their rights and enable them to live with dignity and equality, thereby enhancing the nation’s progress and upholding democratic values. However, challenges persist:

• Deep-rooted patriarchal structures impede full realization of constitutional ideals
• Sociologist Leela Dube highlights how family and kinship systems reinforce inequality
• Issues like gender-based violence, wage gaps, and political underrepresentation continue
• Practices such as dowry and female foeticide clash with legal provisions

Furthermore, Gail Omvedt points out that intersectionality of caste, class, and gender exacerbates marginalization. Dalit and tribal women face compounded discrimination, limiting the effectiveness of constitutional safeguards. Sociologist M.N. Srinivas’s concept of “dominant caste” can be extended to understand how dominant gender ideologies resist legal changes.

The Constitutional provisions for women in India are a reflection of the nation’s commitment to gender equality and women’s empowerment. By guaranteeing fundamental rights, promoting economic justice and ensuring participation in local governance, the Constitution lays down a comprehensive framework for advancing the rights and interests of women.

While significant progress has been made, the journey towards full gender equality continues. It is imperative for the State, civil society and individuals to work collaboratively to realise the constitutional vision of a society where women can live with dignity, equality and freedom.