LEGAL PROTECTION OF WOMEN UNDER CONSTITUTION OF INDIA

WITH SPECIAL REFERENCE TO PLURALISM

RESEARCH PROPOSAL/SYNOPSIS FOR DISSERTATION

SUBMITTED TO

MUMBAI UNIVERSITY

PROJECT BY-

KRUSHI SHAH

S.Y.LL.M- SEMESTER IV

CONSTITUTION & ADMINISTRATIVE LAW (GROUP I)

DIVISION / ROLL CALL : B 79

ACADEMIC YEAR- 2021-2022

UNDER THE GUIDANCE OF

ASSISTANT PROFESSOR DR. KIRAN SHARMA

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STATEMENT / TITLE OF THE RESEARCH

Legal Protection of Women under the Constitution of India with special

reference to pluralism.

INTRODUCTION

It is a fact of nature that women are on the average physically weaker than men.
Moreover, they pay the physical price for perpetuating the human species; during
their child-bearing and child nurturing years they are especially weak and
vulnerable. It seems that an advanced civilization would compensate women for
these physical differences and responsibilities by granting those superior rights,
including higher wages for equal work.

At present, women have become sex objects and are widely treated as inferior to
men in different spheres of life. In the rural areas, wife-beating, torture of
unmarried daughters, sisters and other female relatives is common phenomenon.
Girls are perceived as a burden on the family, because of the huge amounts of
money required for their weddings. Girls are generally not encouraged to take up
even middle or higher education. There is huge discrimination between men and
women in the sphere of education and the reason attributed to such gender bias is
the feeling of people that girls should be confined to the house.

Humiliation, harassment, torture and exploitation of women is as old as is the

history of family life. In India, women are way ahead of women elsewhere in the
matter of social legislation but the implementation of laws granting rights to
women has been so slow, lopsided and haphazard that socially, economically and
politically women lag far behind men. 1 The role that women play in society is
becoming increasingly more important. Their proper development is essential to
the functioning of the nation.2

1. https://legalreadings.com/legal-provisions-for-the-protection-of-women/
2. The Status of Women : A reality check, www.swayam.info 2
There is no doubt that we are in the midst of a great revolution in the history of
women. The evidence is everywhere; the voice of women is increasingly heard in
Parliament, courts. Unfortunately, women in this country are mostly unaware of
their rights because of illiteracy and the oppressive tradition. Names like Kalpana
Chawla: The Indian born, who fought her way up into NASA and was the first
women in space, and Indira Gandhi: The Iron Woman of India was the Prime
Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and
Mother Teresa are not representative of the condition of Indian women.

Indian experience provides cautionary tales and constructive insights that may
prove useful to those who advocate the incorporation of women's rights into the
scheme of constitutional law.

The Indian Constitution contains the most explicit constitutionalization to date of

women's rights. It is no accident that the Indian Constitution singles out women
for special protections. The Constitution of India guarantees equality of sexes and
in fact grants special favours to women through Article 14, 15(3) and 16.3

All these are fundamental rights. Therefore, a woman can go to the court if one is
subjected to any discrimination. When we talk about constitutional rights of
women in India, we mainly pertain to those areas where discrimination is done
against women and special laws formulated to fight those bigotrics: The most
important issues stand as those pertaining to marriage, children, abortion, crimes
against women, and inheritance.4 Directed and guided by the Constitution various
revolutionary laws giving conal status to women with men have been enacted in
order to remove all disparities, dissimilarities and discriminations against
women, for instance, the Equal remuneration Act, 1976, the National
Commission for women Act, 1990 which has been entrusted with the task of
presenting to the

3. Constitution of India by P. M Bakshi Edition : 18th Edition, 2021

4. http://legalservicesindia.com/article/1818/Women-Protection-and-Changing-Laws.html 3
Central Government, the problems of women, the deprivation of their rights, and
report as to their progress and development. Various protection measures have
been enacted and enforced, such as the Commission of Sati Prevention Act,
1987, Indecent Representation of Women (Prohibition) Act, 1986,

Dowry Prohibition Act, 1961, Muslim Women's (Protection of Rights of

Divorce) Act, 1986, Suppression, of Immoral Traffic in Women and Girls Act,
1956, the Family Court Act, 1984 , Protection of Human Rights Act, 1993,
Indian Penal Code, 1860, Code of Criminal Procedure, 1973, Indian Evidence
Act, 1872, Industrial laws, Personal laws etc.

Crimes like rape, kidnapping, eve teasing and indecent exposure can be grouped
as crimes against women. There are many women in India, who are caught in
these types of violence. Thus, there are a number of laws to protect women, but
what is the use of having these laws when no one follows them? In fact, the
people whose business it is, to enforce these laws are the ones who publicly flout
them. Besides, not many women are conversant with law and few are aware of
the rights and privileges accorded to them by the constitution. So they suffer all
forms of discrimination, passively. It is high time to make critical assessment of
the available legal protection conferred by the Constitution and other statutes to
the women and their proper implementation.5

The reality of women‘s lives remains invisible to men and women alike and this
invisibility persists at all levels beginning with the family to the nation. Although
geographically men and women share the same space, they live in different
worlds. The mere fact that Women hold up half the sky - does not appear to give
them a position of dignity and equality. True, that over the year‘s  women has
made great strides in many areas with notable progress in reducing some gender
gaps. Yet, the afflicted world in which we live is characterized by deeply unequal
sharing of the

5. https://www.civilsdaily.com/women-protection-in-india/

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burden of adversities between women and men Sprawling inequalities persist in
their access to education, health care, physical and financial resources and
opportunities in the political, economic, social and cultural spheres.6

The India polity more or less has always tried to cope with the contemporary
need  based development of laws for the specified purposes. It may be in the field
of Human Rights, Politics, Civil Rights, Constitutional Rights or Social Transfer.

Still the judicially always inspires directly or indirectly to meet the challenges as
per need, either by precedents, directions or suggestions etc. The Supreme Court
in a case observed that it is well accepted by thinkers, philosophers and
academicians that if JUSTICE, LIBERTY, EQUALITY and FRATERNITY,
including social, economic and political justice, the golden goals set out by the
Preamble of the Constitution, are to be achieved; the Indian polity has to be
educated and educated with excellence.7

 This is because the Constitution is not to be construed as a mere law, but as the
machinery by which laws are made. The Constitution is a living and organic
thing which, of all instruments has the greatest claim to be constructed broadly
and liberally. India has pledged itself to gender equality through several Articles
of the Constitution.

AIMS AND OBJECTIVES

1. To know and analyse the present position of women in India and their
rights conferred by the Constitution of India and other legislative
measures.
2. To explore the main causes in increasing crimes against women in India.
3. To understand the existing law in India pertaining to combat the atrocities
inflicted upon women.

6. The status of women : A reality check www.swayam.info

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 7. Khan Kamaluddin, Constitution of India and Women Empowerment : A Brief Study

4. To know where the government machinery is failed to control the same.

5. To study position and rights of women with respect to International Laws.

SCOPE AND UTILITY OF RESEARCH

This study may contribute meaningfully in creating awareness among the women
about their rights and privileges accorded by the Constitution. It may also
contribute towards having a broad understanding on International laws relating to
protection of Women Rights.

It may further contribute towards understanding the measures undertaken by the

government agencies in the implementation of laws for protection of women
rights. Nevertheless, the study may help in the development of further research
activity/ works in this field which could help in motivating the thinking of Indian
society.

Although, due to the very nature of the course curriculum the work may not be
able to do justice in developing a full proof action plan, effort has been made to
study precisely all the relevant parameters as much as possible and to suggest
some recommendations to overcome the problems relating to women.

RESEARCH METHODOLOGY

In accordance to the objective of the present study, the researcher has adopted
Doctrinal Research as a Research Methodology. The researcher will rely upon
mainly the secondary data which will be collected through desk data i.e. Articles
of the Constitution, books, news, journals, International Conventions, Treaties,
Precedents led down by the Supreme Court and the Hight Court of India. The
purpose of this method is to gather, organize and describe the law; provide

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commentary on the sources used and then, identify and describe the underlying
theme or system and how each source of law is connected.

LITERATURE REVIEW

The Researcher for the purpose of research study shall refer to the following
books.

1. Women and Law in India by Flavia Agnes, Sudhir Chandra & Monmayee
Basu 6th Edition 2016
The author in this book brings together three significant works on gender
equality, which comprehensively analyse key issues including women’s
rights, social justice, and empowerment. Together, the author in the book
talks about the span legal change in India over two centuries when
women’s rights were negotiated, rewritten, and coded. The book provides
a comprehensive and significant understanding of why progressive laws,
once passed, continue to be implemented in such a limited manner. This
book highlights the fact that legislations in the past fifty years have not
brought gender equality in any real sense.

2. Women’s Human Rights in India by Jaya Sagade 1st Edition 2019

This book gives a clear understanding about women’s human rights in

India. It further provides a clear overview of the key sources on gender
and rights in the country. Further, it contextualizes women’s rights at
the critical intersection of caste, religion and class, and analyses
barriers to the realization of women’s human rights in practice. It also
develops strategies for moving forward towards greater recognition,
protection, promotion and fulfilment of women’s human rights in
India. This book is a key text in human rights studies and is

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 indispensable to students, scholars and researchers of gender studies,
sociology, law and human rights.　

3. Women Rights in India : Contemporary Issues & Challenges by Sanjay

Kumar Baranwal and Nalnish Chandr Singh 5th Edition 2016

Atrocities faced by women along with efforts of the government in the

upliftment of the status of the women in the society are discussed in this
book. This book provides an in-depth view of the challenges faced by
women and the acute discrimination against them in the society. This book
has made an endeavour to bring forth various aspects of violation of
women's rights in Indian Society and it is an effort, which can be helpful
for undergraduate, post graduate as well as for enthusiastic readers.

RESEARCH PROBLEM

It is the fact of nature that women are on an average physically weaker than men.
At present, women have become sex objects and are widely treated as inferior to
men. In rural as well as urban areas wife-beating, torture, dowry demands is a
common scenario. Girls are perceived as burden on the family, because of the
huge amounts of money required for their weddings

Despite there as several provisions under the Constitution of India as well as

several legislative measures undertaken by the Government of India; women are
still not safe. There is a huge discrimination between men and women in sphere
of education, work and many more.

The role of women in the society is extremely important and hence, their proper
development is of utmost importance. Indian women are treated like secondary
citizens in India , though the principle of gender equality is enshrined in the
Constitution. Only 50% of women in India are literate as compared to 65.5 % 8
men. It is essential address these problems, so that this Research Work can be
done with proper justification

HYPOTHESIS

Hypothesis for the research topic is as follows :

1. Rights of women have been protected under the Constitution of India and
also under various legislations but still Women in India have not been
empowered in its true sense.
2. Government has failed in the implementation of the laws protecting the
rights of the women.
3. Efforts are made on the part of the society as well as the government in
protecting the rights of the women and in uplifting the status of the
women in the society.

GENERAL SCHEME OF CHAPTERIZATION

CHAPTER I : INTRODUCTION, HISTORY & DEVELOPMENT OF

WOMEN’S RIGHTS

This Chapter discusses about the background of the study, the history of the
rights of women in India. This Chapter will further discuss the atrocities faced by
women in past and how there has been an acute development of the rights of the
women. The Chapter briefly discusses about the Constitutional provisions
recognizing and protecting the rights of the women.
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The term women’s rights refer to freedoms and entitlements of women and girls
of all ages. These rights may or may not be institutionalized, ignored or
suppressed by law, local custom, and behavior in a particular society. These
liberties are grouped together and differentiated from broader notions of  human
rights because they often differ from the freedoms inherently possessed by or
recognized for men and boys and because activists for this issue claim an
inherent historical and traditional bias against the exercise of rights by women
and girls.

CHAPTER II : WOMEN’S CONSTITUTIONAL AND HUMAN RIGHTS

This Chapter lists out all the constitutional and legislative provisions dealing with
the rights of women. Article 14, Article 15(1), Article 15(3), Article 16, Article
39(a), Article 39(d), Article 39A, Article 42, Article 46, Article 47, Article 51
(A) (e), Article 243 D (3) , Article 243 T are the provisions under the
Constitution of India .

CHAPTER III : LEGISLATIVE & EXECUTIVE MEASURES ON

PROTECTION OF WOMEN RIGHTS IN INDIA

This Chapter provides an indepth view of the various laws incorporated for
protection of women and prevention of women’s discrimination. Commission of
Sati Prevention Act, 1987, Indecent Representation of Women (Prohibition) Act,
1986, Dowry Prohibition Act, 1961, Muslim Women‘s (Protection of Rights of
Divorce) Act, 1986, Suppression, of Immoral Traffic in Women and Girls Act,
1956, the Family Court Act, 1984 Protection of Human Rights Act, 1993, Indian
Penal Code, 1860, Code of Criminal Procedure, 1973, Indian Evidence Act,
1872,Industrial laws, Personal laws etc. are the legislative provisions for the
protection of rights of women.

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 CHAPTER IV: INTERNATIONAL LAWS ON PROTECTION

This Chapter discusses about all the international conventions for protection of
women’s rights viz. United Nations Charter, Universal Declaration of Human
Rights, Convention on the Political Rights of Women, Convention on Consent to
marriage, Minimum Age for Marriage and Registration of Marriages, Declaration
on the Protection of Women and Children in Emergency and Armed Conflict and
so on.

CHAPTER V : SUGGESTION & CONCLUSION

The researcher with the help of all data collected so far through doctrinal
research aims to provide valuable suggestions and recommendations.

CHAPTER VI : BIBLIOGRAPHY

LIST OF REFERENCES

Books Referred

1. Prof. Rai Kailash, ‘The Constitutional Law of India’,  Allahabad, Central Law
Publications, 2005 (740)
2. M. P. Jain, ‘Indian Constitutional Law 7th Edition

Bare Acts Referred

1. The Constitution of India, 1950, Professionals Bare Act

2. Commission of Sati Prevention Act, 1987, Professionals Bare Act

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3. Indecent Representation of Women (Prohibition) Act, 1986, Professionals Bare
Act
4. Dowry Prohibition Act, 1961, Professionals Bare Act
Reports
1. Planning Commission, Government of India, "Report of the Steering Committee
on Empowerment of Women and Development of Children for the Eleventh
Plan".

Websites

1. www.legalserviceindia.com
2. www.swayam.info
3. http://books.google.com
4. http://www.britannica.com/EBchecked/topic/366305/Married-Womens

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