Constitution of India

Constitution of India lays the foundation for women centric and other related legislations that protect women in workplace. (All laws enacted have to be within the constitutional framework.) It embeds in itself such provisions mainly by way of fundamental rights. Constitution of India promotes equality of gender and at the same time urges the state to provide protection to those sectors that are vulnerable.

Below mentioned Articles in the constitution of India focuses on women and their constitutional rights.

Fundamental Rights:

Article 15

  • Article 15 (1)

    Article 15(1) of the Constitution protects the rights of citizens, as it prohibits the state from discriminating against any citizen on grounds of gender amongst other grounds like race, religion, etc.

  • Article 15 (2)

    Article 15(2) prohibits any citizen from being subjected to any sort of disability, liability, restriction or conditions on grounds of gender. This is with regards to accessing the public places like restaurants, shops, etc. It is also effective while utilizing facilities of public utilities like wells, roads and such other places which are wholly or partly maintained by or out of State funds or dedicated for public usage.

  • Article 15 (3)

    Article 15(3) empowers the State to make special provisions in favour of women and children. (For example, reservation of seats for women in public bodies, free primary education for children, etc.)

Article 16

Article 16 of the Constitution, states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment in any office under the State. Also, no citizen shall be held ineligible or discriminated against on grounds of gender.

Fundamental Duties:

Article 51A

  • Article 51 (e)

    Article 51A (e) imposes on every citizen by way of fundamental duty the responsibility to renounce practices derogatory to the dignity of women.

Article 243

  • Article 243D & Article 243T

    Today, where politics is being viewed upon as a career, by means of Article 243D and Article 243T, the State makes provisions for reservation of seats for women from scheduled castes and scheduled tribes in Panchayat’s and Municipalities respectively.

Directive Principles of State Policy:

The Directive Principles of State Policy are guidelines to the central and state government of India, to be considered while framing laws and policies. These are not enforceable by any court, but are considered fundamental in the governance of the country.

The Directive Principles of the State Policy makes provisions with regards to:

Article 39
Article 39 enjoins the State to direct its policies towards securing all citizens without discriminating between men and women,

• Equal right to access adequate means of livelihood. [Article 39(a)]
• Equal pay for equal work. [Article 39(d)]
• Health and strength of workers and look at it that they are not forced by economic necessity to enter avocations which are not suited to their strength. [Article 39(e)]

  • Article 39A

    Article 39A makes provision for providing equal justice and free legal aid to all the citizens.

Article 41, 42 & 43
These Articles provides for:

• Right to work. (Article 41)
• Provision for just and humane conditions of work and maternity relief. (Article 42)
• Living wage, decent standard of life and full employment of leisure and social and cultural opportunities, for workers, including women workers. (Article 43)


Disclaimer: This section provides only a brief of Indian legislation and should not be considered as legal advice.


Also Check: Other Women Legislations