Question

One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?

Answer 1

Any answer supported with an argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference:

It is true that there are inadequate provisions for gender justice in the Constitution. Though it is a fundamental right of every citizen to be treated equally there is no specification of the basis of gender but the specification is made on religion, caste, and class.

Citizens cannot be exploited or discriminated against on the basis of their caste, class, language, and religion but there is no mention of gender. Respect for women has been confined to the directive principles and women’s rights are not specified so that they can be interpreted and defended by the judiciary. The status of women within the family has also been ignored in the Constitution. Thus, it makes no special privileges for almost half of the population while there are provisions for affirmative action for other socially backward groups and minorities.

Provisions for women

- Freedom of conscience and profession irrespective of the gender of the citizen

- Right to liberty and personal freedoms especially speech and expression irrespective of the gender of the citizen

- Move freely and safely throughout the territory of India

- Right to life and liberty

- Minimum age of marriage- 21 years for both males and females

- Making education is must for girl child

- Curbing practices like female infanticide and foeticide with harsh punishment for either

- Protection from domestic violence

- Protection from any kind of sexual harassment