March 27, 2023

Constitutional Rights of Women in India

This article has been written by Ms. Ayushi Notani, a 1st year law student pursuing BBA.LLB(HONS) from Vivekananda Institute of Professional Studies.


The Constitution of India was adopted on 26th November 1949 and it came into force on 26th January 1950.Our constitution was written in an era when the social condition of Indian Women was very poor and need an urgent reform.  For years, women have been denied basic human rights. The right to education, the right to equality, the right to be heard etc were only associated with men. They were denied basic human rights and forced to live in a state of subjugation and deprivation. In earlier times, the Ancient Greeks had great power in society. In Athens, the most influential groups often disregarded women. They were excluded from society and had no political or personal rights. Today, the situation for women may not be as bad as it was earlier. However, women in our society still face discrimination and inequality . Being denied equal pay, the right to be heard, the right to equal opportunity etc still exists. We are learning to value each individual for who they are rather than their gender. Slowly but steadily, the world is overcoming the evil of inequality. In earlier times, the women of India were in need of new laws so that they can protect them from harassment, mental and physical torture, abuse and which will make them lead a proper and safer life and can reform their social position in society. Dr. BR Ambedkar the chairman of the Constitution drafting introduced and took some drastic steps in favour of the Indian women and campaigned against social discrimination and made them independent and powerful and brought a revolutionary change because of which in today’s world the position and image of women have changed. Nowadays women can be found in every field such as politics, business, entertainment, defence etc. They are now educated and capable of earning and taking their own responsibilities. It is indeed a matter of pleasure that the position of women has been improved in the last four decades. 


Lots of provisions have been introduced through constitution to ensure dignity and self- respect to the women at large. The constitutional provisions have been introduced not only to ensure equality for women but also to safeguard the dignity and self-respect of women and also the constitution protects the social and legal rights of the women as well as permits the state to adopt measures for the women against the ill-treatment, socio-economic discrimination faced by them in the society. Some of the provisions given in Part-III of the Indian Constitution are-

  1. ARTICLE 14 of the Indian Constitution- It states equality before the law or equal protection of laws within the territory of India. It is one of the most important rights which is guaranteed in favour of women which protects the women against any women based crime and also it introduces various acts and laws for the enforcement of legal and social rights of the women.
  2. ARTICLE 15 of the Indian Constitution- The state shall not discriminate against any citizen on various grounds such as caste, religion, race, sex etc. No sort of discrimination shall take place against women on the basis of these grounds. Women shall be treated as equal as men.
  3. ARTICLE 16 of the Indian Constitution- It ensures equal employment opportunity at workplaces for every citizen of India and there shall not be any gender inequality, discrimination at workplaces on the grounds of religion, caste, place of birth etc. Women should be given due respect and in the present scenario the women are found capable and doing great in all sectors.
  4. ARTICLE 39(A) of the Indian Constitution- It is enshrined in Part-IV of the Indian Constitution under the Directive Principles Of State Policy ensures the state to implement policies for men and women the right to sufficient means of livelihood and also guarantees equal payment of wages should be given to both men and women.
  5. ARTICLE 243 of the Indian Constitution- It basically deals with the reservation of seats for women in Gram Panchayats. After the enforcement of thse rights , the condition of women have improved in rural areas.


Our constitution has enacted and introduced many laws and provisions for the protection of women and to uphold their social and legal rights and have adopted many measures for equal rights of women and also to oppose social discrimination and to stop violence against women.

  1. ADULTERY- Adultery is an intense wrongdoing against women in India and influences wedded women. The offence of adultery is defined under Section 497 of the Indian Penal Code, 1860 which says adultery implies sex of a man with a wedded lady without the assent of her significant other when such sex does not add up to assault.
  2. CHILD MARRIAGE- Child marriage is a terrible offence against youngster as it doesn’t just damages the fate of kid yet additionally harm social equalities. The real advance was taken by the Law Commission of India by setting the base age for marriage which is 18 years for women and 21 years for men.
  3. KIDNAPPING- It is defined under Section 363 of the Indian Penal Code,1860 which implies unlawful detaining and confining a person against his or her consent.
  4. Mental and physical torture comes under Section 498(A) of the Indian Penal Code,1860.
  5. SEXUAL ABUSE is defined under Section 354 of the Indian Penal Code,1860 is to use force upon one person or take advantage illegally.
  6. ACID THROWING- Recently the issue of acid throwing on young women has additionally turned into a major issue. There are few sorts of acids and all are extremely risky for human blaze and consume. 
  7. RAPE, MURDER- Rape is another intense wrongdoing against women and this wrongdoing is expanding step by step like anything. Revealing of assault and kidnapping cases have turned out to be exceptionally normal in print and electronic media which is to be sure an extremely tragic issue for each one of us. Rape is defined under Section 375 of the Indian Penal Code,1860 implies that -a sexual intercourse with a woman without her permission by coercion , fraud.
  8. There are various laws and acts which have been developed and are implemented by the Indian Government for the protection and for the welfare of women in India such as the Dowry Prohibition Act, 1961, Protection of women from domestic violence act 2005, sexual harassment of women at workplace  act 2013. These are some of the acts which were introduced by the Indian Government for the protection of women’s life.
  9. RESERVATION- During earlier years, women were not getting the privileges and same rights as men. They were considered to be within the four walls of their house and do the household work of their family members. They were not entitled to get any opportunities in social, cultural and economic aspects. They were treated as untouchables. Reservation for women was introduced to give vulnerability to women and to make society realize that women are no less as compared to men. The introduction of women’s reservation bill for quotas in parliament and assemblies have improved women electoral chances, and have raised hope and education for teenage girls. 


Although, the Indian Constitution guarantees women the very same rights as men, powerful patriarchal traditions continue because of long-standing social norms that still apply to women today. Women are always considered as a weak part of our society and ill-treated. They were not given any kind of recognition. But even after facing such ill-treatments and living in a patriarchal society they have fought for themselves and have emerged as real heroes in their struggle. Today women are the pride of our country. 


Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.


The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to

Join our  Whatsapp Group for latest Job Opening

Related articles