Citation :

Bharati Dodamani, 2024. "Women’s Rights and Remedies under the Constitution of India" ESP International Journal of Advancements in Science & Technology (ESP-IJAST)  Volume 2, Issue 2: 7-10.

Abstract :

Fundamentally, Indian Society is a patriarchal, where in dominance of males is the key theme. But in the present scenario that concept is no more acceptable by the rapidly changing modern society. This article contains important aspect of judicial pronouncements made by the Supreme Court and High Courts such as women’ fundamental rights, equality and remedies with regard to gender inequality and other issues. Women’s in India is a gloomy picture of the changing perceptions of the status and role of women at the threshold of the Constitution of India. The Constitution of a country provides not only the structures of governance but also the legal, political and social framework within which individuals and groups exist and interact with each other. The discussion on women’s fundamental rights and remedies is therefore situated within our constitutional framework. Indian Constitution-makers aware of the subordinate and backward position of women in Indian society, ‘were alive to the social problems associated with the emancipation of women. They had seen prevailing gender inequality during their time and had visualised that the sex-equality was crucial to the development of the country. In order to do away with the inequality and to promote with special care, the educational and economic interests of women too, they tried to provide necessary protection from social injustice and exploitation. The principle of gender equality is enshrined in the Indian Constitution in its Preamble Fundamental Rights, Fundamental Duties and Directive Principles of State Policy. The Preamble to the Constitution sets out the basic Constitutional goals. It promises equality of status and opportunity to its citizenry. The Constitutional goal of equality enshrined in the Preamble of the Constitution is wide enough in its import to enhance both the concept of formal and substantive equality. The spirit of equality pervades through the framework of Indian Constitution. Notwithstanding formal guarantees of equality, Indian women’s lives continue to be characterized by discrimination and inequality. The social laws that sought to mitigate the problems of women in their family life, have remained unknown to a large mass of women in this country, who are ignorant of their legal rights today as they were before independence. It is the law which has been and still expected to be effective as an instrument of social change, a strategy to free women from the shackles of inequality and subjugation.

References :

[1] Wade and Philips: ‘Constitutional and Administrative Law’, Longmans, Green and Co.Ltd. 4th Ed. (1987), p.1.

[2] G. Rajsekharan Nair, ‘Gender Justice under Indian Criminal Justice System’ Eastern Law House (2011). P 94

[3] B. Shivararamayya, ‘Equality and Inequality: The Legal Framework’ in Andre Beteille(Ed.) Equality and inequality, Oxford University Press, Delhi (1983) at p 32.

[4] Dettatreyya v. State of Bombay, AIR 1953 Bom. 311

[5] C.B. Muttamma v. Union of India, 1979(4) SCC 260

[6] Kushal Walia, "Exploring the Challenges of Serverless Computing in Training Large Language Models," International Journal of Computer Trends and Technology, vol. 72, no. 4, pp. 71-76, 2024. Crossref, https://doi.org/10.14445/22312803/IJCTT-V72I4P109

[7] Ms.Mackinon Mackenzie and Co Ltd. v Adudrey ‘D’ Costa, AIR 1987 SC 1281

[8] Vishaka v.State of Rajasthan, AIR 1997 SC 3011

[9] Lupin Rehman and Vijayananda Roa(2004), “The Determination of Gender Equality in India”,Population and development Review, 30(2) pp239-68

[10] N Sdhakara Rao, “Determinants of Gender Equality in India” in M Lakshmipathi Raju(Ed). “Women Empowerment, challenges and strategies”.2007 Regal Publications at p266

[11] Abdul Aziz v. State of Bombay, AIR 1954 SC 321

[12] Gupteshwar Pandey v. Ram Peari Devi, AIR 1971. Patna 181

[13] Sridhar Selvaraj, 2024. "SAP Supply Chain with Industry 4.0" ESP International Journal of Advancements in Computational Technology (ESP-IJACT) Volume 2, Issue 1: 44-48.

[14] State of U.P. v. Kaushaliya , AIR 1964 SC 416

[15] Lohit Naikar, “Human Rights, Women and Law. 2014 p101. Vidyanidhi Prakashan

[16] Pragati Vargesh v. Cyril vargese, 1997 Bom L.R 333

Keywords :

Women, Constitution, Gender equality, Preamble and Fundamental.