5) 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?

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DAY – 22: Insights Self Study Guide for Prelims + Mains – 2015

25 June 2015

Following Questions are Based on this TIMETABLE

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5) 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? (200 Words)

NCERT – Class XI, Indian Constitution at Work, Chapters 9

  • Batman

    The limitation of the Constitution in this regard arises from the fact that there has been a wide gap in what have been mentioned in the Constitution to promote the cause of gender justice and safeguard women interests and their implementations and practices .The Constitution fails in making these provisions strictly enforceable due to a varieties of reasons like social norms and values, religious beliefs , culture , traditions and limitation of law enforcement agencies and government bodies due to several constraints like degree of sensitivity involved with such matters,manpower ,financial ,social and political costs etc . On the

    1.Despite Article 16 and 39 mandating ‘equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State & equal pay for equal work for both men and women’, women continue to face discrimination with regard to salary and employment opportunities . There are fer less women who are working and financially self-dependent and they are paid less than their male counterparts for the same jobs even in corporate world also.

    2.While a number of subsequent changes have been brought over the years with regard to upliftment and empowerment of women like reservation of one third of total seats in Panchayat and Muncipality (Article 243) to name a few, participation and representation of women in public and political life remain mediocre .While women are formal head in such bodies, the de facto head are their spouses who actually do the required jobs. The Women reservation bill in Parliament continue to be limbo with ni intent at top political level.

    3. Similarly, discrimination exist in access to education, career choices, marriage and personal laws and there are other issues like domestic violence, abuses and oppression .

    Although social ,economic and political institutions are so rigid that it is hard to bring any substantial differences (except on paper) on gender issues in realities, unless the society is willing to do so ,but still if i was to write the Constitution today, i would ensure at least a minimum :
    1. making mandatory equal payment of salaries to both men and women ,especially in organised sector like the corporate world for the same job.Failure to do so would invite appropriate penalty and legal actions .
    2. bringing uniformity in personal laws with regard to marriage and divorce .
    3. reservation of seats in Parliament too ,at least 15-20% if not one third.

    • MIP

      point 3 is not relevant to constitution so no need to mention..intro should b short and provisions should b broad..keep writing..

    • sinister

      u can give example for point 1 that is discrimination in wages under MNREGA or they usually prefer man over a woman..

      Point no. 3 is irrelevant

    • NAEEM AHAMAD

      good one but as i see your word limit is always exceeding

  • Ankith

    The days of Constitution making were such that, many problems faced by women were not even considered as the problems and that was the normal state of affairs accepted by many.

    1. Constituent Assembly of India had less than double digit women members, this shows the amount of contribution by them that had gone in to the constitution making.

    2. Special policies were needed to undo the historical unjustice done to women, was completely ignored. Provisions like fundamental rights, DPSP were indiscrimante of men and women but clearly this isn’t sufficient for the women’s empowerment.

    3. Article 39 of Constitution, which seeks equal pay for men and women, was injusticiable in nature, which made the provision toothless.

    4. Even though they are 50%, still their political participation in policy making bodies like state and central legislatures hasn’t even crossed 10% most of the time. Reservation policy was left behind at the local bodies level it self since the past 2 decades.