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Describe the various constitutional provisions for the protection and development of women and children in India.
Women make up half of the population. Historically, there are sociocultural stereotypes that make women's voices unheard. Women are considered vulnerable and marginalised in society due to these stereotypes. Additionally, it restricted them from various opportunities. In a country like India, whereRead more
Women make up half of the population. Historically, there are sociocultural stereotypes that make women’s voices unheard. Women are considered vulnerable and marginalised in society due to these stereotypes. Additionally, it restricted them from various opportunities. In a country like India, where various women participated in the constitutional drafting process and became part of the first elected government. But the situation remains the same; their voice remains unheard.
To overcome the gap between men and women and bring gender equality, the Indian constitution provides specific rights to women for their development.
Constitutional provison
(a) Right to vote – like every male Indian citizen, women have an equal right to vote. In other countries where women fought for the right to vote, in India, with the establishment of a constitution, women gained the right to vote. The right to vote includes any citizen 18 or above residing in India, ensuring their political participation.
(b) Right to equality (Articl14) ensures that all citizens are treated equally before the law.
(c) Prohibition of discrimination (Article 15): no citizen should be discriminated against based on class, caste, creed, gender, religion, etc
(d) reservation of one-third of seats for women in local elections under (Articles 243D and 243T).
(e) directive principle of state policy, which mandates the state to ensure equal livelihood opportunity for both men and women (article 39), provide maternity benefits to women and just and humane work conditions (article 42).
Legislative provision
(a)Women Reservation Bill, 2023- to increase women’s participation in politics, the government decided to provide a 33 per cent reservation of seats for women in the Lok Sabha election.
(b) Hindu Succession (Amendment) Act, 2005, women have equal rights in the father’s property as male heir.
(c) The Protection of Women from Domestic Violence Act, 2005
(d) Termination of Pregnancy Act, 2021.
(e) POSH Act, which prohibits sexual harassment in the workplace.
Not only women but children are considered vulnerable. There are several rights for children’s development.
Constitutional rights
(a) right to education (article 21A)- this provides free and compulsory education for children between 6-14.
(b) Protection against exploitation (article 23 and 24)
(c) Prohibition of child labour(article 24), no children below 14 years should be employed at any hazardous place.
(d) Right to Early Childhood Care and Education (Article 45): Directs the state to provide early childhood care and education for all children until they reach age six.
Legislative rights
(a) POCSO act that deals with sexual harassment cases of children.
(b)Prohibition of Child Marriage Act, 2006- this act to make a child go through marriage is an offence.
There are other schemes such as Beti bachao, bet padhao, reservation of seats in different competitive exams, ladli yojana for girl child, etc.
These are some rights that emphasise women’s and children’s development. But the outcome remains the same. It’s high time to focus and bring strict laws for gender equality as well as the development of both women and children.
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