Law and You > Law and Society > Law Related to Women > Women Empowerment and Article 14 Of the Constitution of India
The Universal Declaration of Human Rights, 1948 affirms the ideal of equal rights of men and women. The U.N. Convention on the Elimination of All Forms of Discrimination against Women, 1979 observes that discrimination against women violates the principles of equality of rights and respect for human dignity. Similarly, social justice is the keystone of the Indian Constitution. One facet of it is gender justice. The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles. In this article, we shall study Constitutional provisions under Article 14 for women empowerment.
Constitutional Provisions:
The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education, and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of the law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse. Gender equality includes protection from sexual harassment, the right to work with dignity, and the right to education which are universally recognized basic human rights. Important Constitutional Provisions are Articles 14, 15, 16, 21, 21A, 23, 24, 38, 39, 42, 44, and 55(e). In this article, we shall study Article 14 of the Constitution of India and its interpretation with respect to women empowerment.
Right to Equality:
Right to Equality means that all citizens enjoy equal privileges and opportunities. It protects the citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place of birth. Right to Equality includes five types of equalities.
- Equality before law (Article 14)
- Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth (Article 15)
- Equality of opportunities in matters of public employment (Article 16)
- Abolition of Untouchability (Article 17)
- Abolition of titles (Article 18)
Equality before law (Article 14):
Equality before the law is a fundamental principle of justice that ensures all individuals, regardless of their background, social status, or gender, are treated equally in the eyes of the law. This concept is enshrined in many constitutions around the world, including Indiaโs Constitution, which guarantees that all citizens are equal before the law and entitled to equal protection of the laws.
In India, Article 14 of the Constitution explicitly states that โThe State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.โ This guarantees that no one, whether a common citizen or a person in power, is above the law. The principle is critical in maintaining justice, fairness, and preventing discrimination.
Equality before Law:
The idea of equality before the law ensures that every individual, regardless of their caste, creed, religion, or gender, has the right to access legal remedies, be heard in court, and receive a fair trial. It also means that laws must be applied without bias and that any privilege based on birth, wealth, or power is not permitted.
However, while this principle is constitutionally guaranteed, the application of equality before the law can sometimes be uneven due to socio-economic disparities, biases, and systemic issues. Therefore, the continuous effort to ensure true equality in legal practice remains essential in fostering a just society.
The Supreme Court of India has responded to issues of gender justice in a positive manner. Some of the cases that significantly advance the cause and dignity of women are discussed below:
For example, the initial proceedings took place before two Tribunals, both of which upheld the rules, citing the need to manage temperamental customers by employing โyoung and attractiveโ air hostesses.ย
In Air India v. Nergesh Meerza AIR 1981 SC 1829 case, where under Regulation 46, while Flight Pursers (male cabin crew) had a retirement age of 58 years whereas Air Hostesses were required to retire at 35 years of age, or upon marrying (if they married within four years of entering the service), or upon having their first baby, whichever occurred sooner. Thus, regulations 46 and 47 of the Air India Employees Service Regulations had discriminatory provisions for male (Flight Pursers) and female (Air Hostesses). The provisions were challenged as a violation of Article 14 and Article 16 of the Constitution. The apex court after hearing arguments from both the parties ruled that the clauses regarding retirement and pregnancy are unconstitutional and held that these provisions are arbitrary, selfish, and cruel, and are in violation of Article 14 of the Constitution. Court ordered to be struck down the provisions with immediate effect. Similarly, the apex court termed the discretionary powers of the Managing Director as the excessive delegation of powers without any reasonable guidelines to police the same.
In Charu Khurana v. Union of India, 2015 1 SCC 192 case, where a writ petition was filed by the petitioner under Article 32 of the Constitution of India. The petitioner, a Hollywood make-up artist, and hairdresser submitted an application to R-5 association to issue her a membership card to work there as a make-up artist and hairdresser. The association refused the application submitted by the petitioner as they were not giving membership to the female worker as a make-up artist and hairdresser. The court held that there can be no discrimination solely on the basis of gender. Equality cannot be achieved in any field if women will not be given equal opportunities. It was also stated that the registrar of the Trade Union should not allow or see that no other trade union should make any such provision which is inconsistent with the constitutional provisions.
In C.B. Muthamma v. Union of India, AIR 1979 SC 1868 case, the court considered the provision in IFS (Indian Foreign Services) rules which stipulated that a woman would have to resign if she gets married after joining the foreign service as clearly against โgender justiceโ (violation of Articles 14 and 15) and in defiance of Article 16 of the Constitution.
In Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945 case, the Court held that divorced Muslim women notwithstanding the personal law, has right of maintenance under Section 125 of CrPC (S. 144 BNSS).
In Thota Sesharathamma And Anr v. Thota Manikyamma (Dead), 1991 SCR (3) 717 case, the Supreme Court permanently eliminated the economic disparity between the male and female and put a seal of finality on a Hindu femaleโs right to property.
In Bombay Labour Union v. International Franchise, AIR 1966 SC 942 case, the Supreme Court quashed an employment rule, which required the unmarried woman to give up her position when she married, as violative of Articles 14 and 15.
In T. Sareetha v. T. Venktasubbaiah, AIR 1983 AP 356 case, the Andhra Pradesh High Court analyzed the impact of the decree of restitution of conjugal rights on the basis of substantive inequality between wife and husband in the matter of pregnancy and accordingly quashed Section 9 of the Hindu Marriage Act.
In Kumari Sharda Mishra v. the State of U.P., AIR 1993 All 112 case, out of the 15 seats reserved for the dependents of ex-army personnel in the MBBS, 10 seats were reserved for the male candidates and 5 seats for female candidates. The Court held that the reservation being exclusively in favour of male candidates was in violation of Article 14 of the Constitution and it amounted to discrimination in favour of male candidates.
In Omana OOmen v. The FACT Ltd., AIR 1991 Ker 129 case, the petitioners (female) were working as apprentices in the respondent company and the respondent denied them the right to appear at the internal examination, which would be leading to absorption. The court held that such denial of the female apprentice trainees on the ground of sex is clearly violative of Articles 14 & 15 of the Constitution and directed the respondent company to permit the petitioners to appear at the internal examination.
Equal Protection of the Law
The principle of equal protection of the law refers to the idea that no individual or group should be denied the same legal protections or benefits as others, and all persons should be treated equally under the law. It is a cornerstone of democratic legal systems and aims to prevent discrimination, ensuring that laws are applied uniformly to all citizens.
The law allows for the possibility of positive discrimination (or affirmative action) to uplift historically disadvantaged or marginalized groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). These measures, like reservations in education and government jobs, are seen as necessary to ensure that these groups have equal opportunities and are not left behind in a competitive society.
The equal protection of the law does not mean that all people must be treated identically, but rather that any legal distinctions made must be based on a rational, non-arbitrary classification that serves a legitimate purpose, ensuring fairness and justice for all. The equal protection of law allows a certain class of persons from being subject to special rules, but the condition is that the classification should be reasonable. Under this provision the Legislature cannot be barred from making special laws for certain classes of people like women, children, people belonging to backward classes, etc. for their welfare and upliftment. Thus the rule of law does not prevent certain classes of persons from these special rules.ย
In Kedar Nath Bajoria vs The State of West Bengal, AIR 1954 SC 660 case, the Supreme Court held that the equal protection of the law guaranteed by Article 14 of the Constitution does not mean that all law must be general in character and universal in application and that the State is no longer to have the power of distinguishing and classifying persons or things for the purpose of the legislation. Court further observed that classification may not be perfectly scientific or legal. Its legality is to be determined after examining its total effect. Apart from the classification, the objects of legislation, social need, and reasonableness should also be examined.
As we have already mentioned, the classification expected in Article 14 should be reasonable. It should be based upon real differentiation and it should have a relation with the objects for which classification is made. The merits of one group under classification must be different from those of another group and such merits should have a relation with the objects of legislation. For classification to be reasonable, the following conditions must be satisfied.
- The creation of a group under classification should be based upon the fact that its merits are different from another group, and
- Such merits should have a real relationship with the objects of legislation.
- It should be legal
In Vijay Lakshmi vs. Punjab University and Others, AIR 2003 SC 3331 case, on the issue as to whether the state could establish separate colleges and schools for girls and appoint only lady principals and lady teachers to these schools. The Supreme Court held the provision valid and not violative of Article 14 of the Constitution. If we study the classification on the merit and its relationship with the objects of such rule, we can confirm that the classification is reasonable.
Conclusion:
The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education, and political disadvantages faced by them. When we are studying the importance of Article 14 in women empowerment, we shall study its use with all the fundamental rights granted by the Constitution simultaneously. Fundamental Rights, among others, ensure equality before the law and equal protection of the law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment.
In conclusion, Article 14 of the Indian Constitution, which guarantees โequality before the lawโ and โequal protection of the laws,โ serves as a fundamental pillar in the fight for womenโs empowerment in India. Article 14 envisions a society where all citizens, irrespective of their gender, are treated with fairness and equality under the law. For women, this legal provision has paved the way for numerous reforms aimed at dismantling patriarchal structures and promoting gender justice.
Over the years, India has witnessed significant strides in empowering women, from legal reforms that protect womenโs rights to policies that promote their participation in education, politics, and the workforce. Article 14 has been instrumental in challenging discriminatory practices and ensuring that women are not denied access to equal opportunities and protection. However, despite the legal framework in place, the application of Article 14 in practice faces challenges. Deep-rooted gender biases, social norms, and cultural prejudices continue to affect the real-world application of equality for women. While legal provisions exist, the need for continued awareness, societal change, and better implementation of laws is critical to achieving true equality.
Thus, while Article 14 is a powerful tool for advancing womenโs rights, it must be backed by sustained efforts in education, policy reform, and social transformation to create an environment where women can enjoy their full rights and contribute equally to the development of the nation.