The provisions regarding women in the Constitution of India are contained in Preamble & Article nos 14, 15(1), 15(2), 15(3), 16(1), 16(3), 23, 39(D), 42, 51A, and 243(T) :

The Preamble of the Constitution

The preamble of the Constitution contains the goal of equality of status and opportunity to all citizens. This particular goal has been provided to give equal rights to women and men in terms of status as well as opportunity. The concept of equal justice can be discussed under the following heads.

i)  Political Rights : Representation in Lok Sabha and Vidhan Sabha (Reservation of seats).

ii) Economic Rights : Eg : Maternity Benefits, Equal remuneration, Property & Succession, etc

iii) Social Justice : Eg : Sexual harassment of women at the workplace, domestic violences, PCPNDT Act, MTP Act, etc.

Fundamental Rights

i) Equality : Article 14 : Equality before law or the equal protection of law. Article 14 is a basic feature of the Constitution and cannot be destroyed even  by an amendment of the Constitution. It applies to citizens and non-citizens equally.

ii) Protective Discrimination : Article 15(1) : Prohibits the State from discrimination on the grounds of religion, race, caste, sex, place of birth or any of them whereas article 15(2) prohibits the general public and any citizen…. By incorporating article 15(3), framers favoured the women & children. It says, “Nothing in this article shall prevent the State from making any special provision for women and children”.

iii) Equality of opportunity in public employment. : Article 16(1) & 16(2) : Provide the general rule that the State shall provide equal opportunities for all citizens in matter relating to employment or appointment to any office under the State.

There shall be no discrimination on the grounds of religion, race, caste, sex and place of birth, residence or any of them.

 These provisions are an extension of the principle of equality before law and an extension of the goal “ equality of status and opportunity.

iv) The right to livelihood : Article 19 (1) (g) : Right to carry on any occupation, trade or business.

 v) Protection of life and personal liberty :Article 21 : Life and personal liberty. There can be no gender equality, if the women are denied the right to live with dignity.

vi) Right against exploitation : No human being shall be held in slavery and no one shall be required to perform forced or compulsory labour.Article 23(1) prohibits traffic in human beings and beggar and other similar terms of forced labour…..any contravention of this provision, shall be an offence punishable in accordance with law.

Eg : Immoral Traffic in Women & Children Act, A.P. Devadasis (Prohibition of Dedication) Act, 1988.

vii) Directive Principles of State policy : Article 39 : Certain principles of policy to be followed by the state

Article 39(a) : The citizens, men and women equally, have the right o an adequate means of livelihood.

Article 39(d) : Equal pay for equal work for both men and women.

Article 39(e) : State not to abuse the health and strength of men & women (unsuited to age or strength).

Article 42 : State to make provisions for securing just and humane conditions of work and maternity relief.

viii) Fundamental Duties : Article 51-A lays down certain fundamental duties upon every citizen of India.

Article 51-A (e) to promote harmony and the spirit of common brotherhood…to renounce practices derogatory to the dignity of women.

Article 243(D) : Reservation of seats to women in every Panchayat.

Article 243(T) : Reservation of seats to women in every municipality.

Air India v. Nergesh Meerza (1981):

In this case, a service regulation of the Air India Corporation which required air hostesses to retire on pregnancy was challenged. The SC found this provision to be most arbitrary and unreasonable….. It ruled : There is no reason why pregnancy should stand in the way of her continuance in service. By making pregnancy a bar to continuance in service of an Air Hostess, the Corporation has adopted an unreasonable approach to a woman’s physical capacity to continue to work even after pregnancy.

State of Maharashtra v. Madhukar Narayan Mardikar (1991) :

Even a prostitute has a right to privacy under Article 21, and no person can rape her just because she is a woman of easy virtue. She is equally entitled to the protection of law. Merely because she is a woman of easy virtue, her evidence cannot be thrown overboard.

Indian Hotel and Restaurants Assn v. State of Maharashtra (2006) :

A very important case concerning bar girls, came to be decided before the High Court. Amendment of 2005, made to the Bombay Police Act, 1951, which inserted sections 33-A and 33-B prohibiting to hold performances of dance of any type or kind in an eating house, permit room or beer bar, was challenged.

Declaring section 33-A as violative of Article 19(1)(g) and therefore void. The court stated that, the object of the legislation was prohibition of dances which were obscence or vulgar amounted to derogation of women, and also to prevent the exploitation of women. To prevent dances which are obscene or vulgur, rules are still in force. Further, dance is a form of expression, and it is accepted that dancing is a part of the fundamental rights—the right to express oneself. An artistic expression is apart of the right of speech and expression…Article 19(1)(a).

Bodhisattwa Gautam v. Subhra Chakravorty (1996) :

 A girl student was induced by the accused, a teacher on flase promise of marriage to cohabit with him. He not only made false assurance of marriage but also fraudulently went through marriage ceremonies. When she became pregnant, the accused made her to undergo abortion. When she asked him to maintain her, he disowned her on the ground that there was no marriage. He was prosecuted under various sections of IPC The SC refused to quash the prosecution and ruled that the accused raped the girl continuously on false promise to marriage, which was not only an offence under IPC, but also violation of woman’s right to live with dignity and personal freedom of the individual.

Vishakha v. State of Rajasthan(1997) : The SC  formulated guidelines for protection and right to work with dignity for working women.