Q 1. Describe the various constitutional provisions for the protection and development of women and children in India. 200 w
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In India, the Constitution contains provisions specifically designed to protect the rights of women and children. Article 15(3) allows for special provisions to be made in their favor, while Article 39 ensures that children are not subject to abuse and are able to grow and develop in a healthy manner. Additionally, Article 42 mandates fair working conditions and maternity relief for women.
Further legislative actions have been taken to safeguard the well-being of women and children in India as well. The Protection of Women from Domestic Violence Act, 2005 offers protection to women who are victims of abuse, while the Juvenile Justice Act, 2015 provides assistance to children in need. Moreover, the Prohibition of Child Marriage Act, 2006 works to prevent child marriages, and the Sexual Harassment of Women at Workplace Act, 2013 addresses issues of harassment in the workplace.
Collectively, these laws serve to create a more secure and supportive environment for women and children in India, ensuring their protection and fostering their development.
Very good.
The Indian Constitution has several provisions that aim to protect and develop women and children. Here are some of the key provisions:
Provisions for Women:
Provisions for Children:
India’s Constitution has incorporated several provisions for women and child protection. Article 14 guarantees equality before the law, prohibiting gender discrimination. Article 15(3) empowers the state to make special provision for women and children as an affirmative action policy. Article 16 constitutes equal opportunities in matters of public employment, thus promoting workplace gender parity.
To take care of children’s welfare, Article 21A mandates free and compulsory education for those aged between six and fourteen years. Consequently, no person shall employ a child below the age of fourteen years in any hazardous area in accordance with Article 24, thus ensuring protection against child labor. Two articles from this constitution, namely Article 39(e) and (f), are very specific on ensuring general well-being among children while protecting them from any form of abuse or giving them healthy environments.
Article 39(d) ensures that there is equal remuneration for men and women alike for their respective religious work, while Article 42 necessitates maternity benefits, including fair salary treatment at workplaces. Furthermore, the Seventy-third and Seventy-fourth Amendments guarantee a one-third reservation of seats for women in local self-government institutions, thereby enhancing female political representation.
Furthermore, under Article 51A(e), it is incumbent upon citizens to not indulge in acts that undermine the dignity of womanhood. Thus, these constitutional safeguards provide a solid structure ensuring gender equality as well as shielding the rights accorded to 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, 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.
There are several constitutional provisions for women and children in india :-
Constitutional Provisions for Women
Art. 15(3): This allows the state to create special rules for women and children. The government has passed many laws, like the Dowry Prevention Act and the Protection of Women from Domestic Violence Act 2005, to help women.
Art. 23: The basic right against exploitation bans the flesh trade.
Art. 39: This ensures women get the same pay as men for doing the same work. In Randhir Singh vs Union of India, the Supreme Court said equal pay for equal work is a key goal of our constitution. People can ask the court to enforce this right under Art. 32.
Art. 40: This sets aside one-third of seats in panchayats for women.
Art. 42: This gives women free care during pregnancy and childbirth.
Art. 44: This pushes the state to bring in a single civil code for everyone. This would make life better for women of all religions. But politics has stopped this from happening so far.
Constitutional Provisions for Children
Article 19 A: The government has made education up to age 14 a basic right.
Article 24: Kids have a basic right to be free from exploitation. It’s against the law to hire children under 14 in factories or dangerous jobs. The government has just added housework, hotel jobs, and restaurant work to the list of dangerous jobs for kids.
Art. 45: Pushes the state to offer care and education for kids up to 6 years old.
Numerous articles proposed to boost and ensure girls and minors are granted permission under the Indian Constitution. These paragraphs safeguard their rights and advance their prosperity. The following are a few noticeable points:
Right to Equality (Article 14): It guarantees that babies and women have unchanging permissible rights.
Prohibition of Discrimination (Article 15): It is illegitimate to fool girls and juveniles on the footing of their race, myth, social class, sexuality, or place of beginning. Women and infants were granted permission to catch bias from the United States of America.
Equal potential (Article 16): This guarantees that all crowds, containing wives, have an equal approach to task potential.
Right to Education (Article 21A): All toddlers between six and fourteen are labeled to free and binding instruction.
Protection Against Exploitation (Article 23): Outlaws forced work, containing offspring labor, and human dealing.
Prohibition of Child Labor (Article 24): Under 14-period-olds are not within the allowed limits to introduce mines, laboratories, or additional hazardous tasks.
Promotion of Interests (Article 39): The State is necessary to confirm that minors’s sensitive age and the fitness and substance of laborers, either male or female, are not harmed. Equal rectification for equal work is another of Allure’s main aims for two together people of a community.
Maternity Relief (Article 42): The State concedes the possibility deal with the supply of a period of being pregnant with child remedy as well as fair and appropriate occupied environments.
Fundamental Duties (Article 51A): It is the blame of villagers to give up conduct that belittles the value of mothers and to specify juveniles’ approach to instruction.
Together, these constitutional provisions safeguard daughters’s and teenagers’s rights, advancing their progress and happiness in India.