constitutional rights of women
constitutional rights of women

Constitutional Rights of Women-

In this article, you will find the most important and mandatory information about the constitutional rights of women. Today, we are living in a democratic country that is responsible for the overall growth of an individual. It also confirms the physical and mental growth of women also. Today, women had shown their potential in all fields and proved that they also deserve respect and an honorable position in society. But, due to some bad elements, their position and respect get threatened. So, the main motive of this article is to provide women’s some important knowledge and make them more powerful.

constitutional rights of women

CONSTITUTIONAL RIGHTS-

Article 14:- Equality before law, under this article the state shall not deny to any person equality before the law.

Article 15(1):- Prohibition of discrimination on the basis of religion, race, caste, sex or place of birth etc.

Article 15(3):-The state is empowered to make any special provision for women.

Article 16(2):- Under this article, there shall be no discrimination on the basis of race, caste ,religion etc. against in respect of any employment under the state.

Article 23(1):- Under this article, Forced labour are prohibited.

Article 39(A):-In this article, the men and women have equal rights for adequate livelihood.

Aritcle39 (D):-In which there is equal pay for both men and women for equal work.

Article 51A-(e):-It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India.

Article 243D (3):-Reservation of seats in every Panchayat shall be reserved for women .Which is not less than one-third of the total number of seats.

Article 243D (4):- One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women.

Article 243-T (3):- Seats reserved for women in every Municipality offices which is not less than one-third of the total number of seats.

Article 243-T (4):- The offices of chairpersons in the Municipalities shall be reserved for the women.

LEGAL PROVISIONS:

Legal provisions means the legally actions taken by the Govt or Police against any crime against women.

:-There are two categories which conduct the crime against women.

1) The crimes under Indian Penal Code (IPC).

2) The crimes identified under Special Laws (SLL).

constitutional rights of women

Crimes under IPC:-

In which the victims of any of the crimes such as Robbery, Cheating, Murder, Kidnapping, etc are lie in the IPC legal Provisions.

i) Section 299:- Culpable Homicide- whoever causes death by doing an act with the intention of causing death or with the intention of such bodily injury.

ii) Section 300:-Murder, under this section, the intention for causing death by doing an act except for culpable Homicide.

iii) Section 302:-Punishment for murder, under this sections the punishment given to whom whoever commits murder shall be punished with death sentence or imprisonment for life.

iv) Section 304:-Punishment for Culpable Homicide not amounting to Murder. In which punishment is given like ten-year imprisonment, imprisonment for life.

v) Section 354:-Molestation, Assault of Criminal force to women with intent to outrage her modesty.In other words to molest with women against their will.

vi) Section 354(A):-Sexual Harassment and Punishment for Sexual Harassment.

A man committing any of the following act:-

 a) Physical contact with women without their will.

b) A demand or request for a sexual favor.

c) Showing Pornography against the will of women.

vii) Section 362,363,373:-

362:- Abduction, which means the person by force induces any person to go from any place.

363:-Punishment for kidnapping. In which the victims punished with imprisonment for seven years or be liable to fine.

373:-Buying minor for purposes of prostitution.

viii) Section 376:-Punishment for rape. Whoever commits rape shall be punished with imprisonment for seven years or more.

Section 498A:-Torture both mental or Physical, under this section, Husband or relative of husband an act doing with wife to which wife/women drive to commit suicide or to cause grave injury or danger to life.

constitutional rights of women

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Crimes under special laws:-

In which that cases lies which is not gender specific. Some acts which have special provision for safeguards for women and their interests.

Dowry Prohibition Act 1961-

Under the legal provisions, dowry taking or giving are prohibits at before or any time after Marriage from women. Today, it is most commonly cause for the death of women.

2. Medical Cessation of Pregnancy Act (1971)-

Under this act, provides for the cessation of certain pregnancies by registered Medical practitioners.

3. The Hindu Marriage Act, 1955-

 This law was enacted to avoid the various consequences which were prevalent due to immature Hindu law for marriage under British Rule.

Hindu Marriage Act, 1955 incorporated Monogamy and strictly prohibits a Hindu from getting involved in a marital relationship with more than one person. Bigamy and Polygamy, if proved is strictly punishable under the Indian Penal Code as per provisions under Section 5 and Section 17 of Hindu Marriage Act, 1955.

4. The Special Marriage Act, 1954-

The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India.

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives:

a) To provide a special form of marriage in certain cases,

b) To provide for registration of certain marriages and,

c) To provide for divorce.

5. The Employees State Insurance Act, 1948-

An Act to provide for certain benefits to employees in case of sickness, maternity and ‘

Employment injury’ and to make provision for certain other matters in relation thereto.

This also encourages or empowers women’s rights.

6. The Criminal Law Act, 1983-

The Criminal Law Amendment Act 1885 (48 & 49 Vic. c.69)* an Act of Parliament of the United Kingdom which raised the age of consent, delineated the penalties for sexual offences against women and minors and strengthened existing legislation against brothels.

7. The Protection Of Women From Domestic Violence Act, 2005-

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.[1] The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.

8. Commission Of Sati Act, 1987-

An Act to provide for the more effective prevention of the commission of sati and its glorification and for matters connected therewith or incidental thereto.

Whereas sati or the burning or burying alive of widows or women is revolting to the feelings of human nature and nowhere enjoined by any of the religions of India as an imperative duty;

And whereas it is necessary to take more effective measure to prevent the commission of sati and its glorification.

9. Indecent Representation Of Women Act, 1986-

An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.

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