ALIGARH MUSLIM

UNIVERSITY
FACUTY OF LAW , ALIGARH

General class test (ASSIGNMENT)-

ii

TOPIC – Women and human rights

under Indian constitution

SUBMITTED TO :
SUBMITTED BY :
DR. ZAFAR KHAN KIRTI
16BALLB85
GJ6077
GROUP – IV
SEMESTER –
VIII
 SYNOPSIS
 Introduction
 Gender Justice and Indian constitution
 Some Land Mark Judgments
 Directive Principles of State Policy and
Women:
 Protection of women from prostitution
and rehabilitation of their children
 Article 243 of the Constitution and
Reservation for SC/ST/BC/Women
 Conclusion
 Bibliography
 Introduction:
The framers of the Indian Constitution were inspired by the Universal Declaration of Human
Rights and they saw to it that the essence and the Spirit of the Universal Declaration was
incorporated in the Constitution. The inspiration is evident in the Preamble to the Constitution
which declares: “We, the people of India, having solemnly resolved to constitute India into a
Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens: Justice,
social, economic and political: Liberty of thought, expression, belief, faith and worship; Equality
of status and of opportunity Fraternity assuring the dignity of the individual and the (unity and
integrity of the Nation); In our Constituent Assembly this Twenty-sixth day of November, 1949
to hereby adopt, enact and give to ourselves this Constitution.” Human rights are an integral part
of the concept of human dignity which are protected by different provisions of the Constitution
of India. It is a harsh reality that women have been ill-treated in every society for ages and India
is not an exception to this universal problem. The irony lies in the fact that in our country where
women are worshipped as ‘shakti’, the atrocities are committed against her in all sections of the
life. She is being looked down as commodity or as a slave, she is not only robbed of her dignity
and pride outside her house but she also faces ill-treatment and other atrocities within the four
walls of her house also. The women are being considered as an object of male sexual enjoyment
and reproduction of children. Women are deprived of economic resources and are dependent on
men for their living. Women works are often confined to domestic sphere, she has to do all house
hold works, which are not recognized and unpaid. In modern times many women are coming out
to work but has to shoulder double responsibility, one she has to work where she is employed
and secondly she also has to do all the house hold works, moreover, she is the last to be
considered and first to be fired as she is considered to be less productive that her counterpart. Her
general status in the family and in the society has been low and unrecognized.

Gender Justice and the Indian

Constitution:
The elimination of gender-based discriminations is one of the fundamentals of the constitutional
edifice of India. In fact the constitution empowers the state to adopt measures of positive
discrimination in favor of women for neutralizing the cumulative discriminations and
deprecations’ which women face. Constitution of India has done a magnificent job in ensuring
gender justice in the supreme law of the country. The preamble to the Constitution, inter alia,
assures justice, social economic and political, equality of status and opportunity and dignity of
the individual. It recognizes women as a class by itself and permits enactment of laws and
reservations favoring them. Several articles in our Constitution make express provision for
affirmative action in favor of women. It prohibits all types of discrimination against women and
lays a carpet for securing equal opportunity to women in all walks of life, including education,
employment and participation. The commitment to gender equality is well entrenched at the
highest policy making level in the Constitution of India. A few important provisions for women
are mentioned below in brief.
Fundamental Rights (Part III): Article 14 of the constitution of India ensures to
women the right to equality. Article 15(1) specifically provides for affirmative and positive
action in favor of women by empowering the state to make special provisions for them; and the
article 16 of the Constitution provides for equality of opportunity to all, in matters relating to
public employment or appointment to any office and specifically forbids discrimination inter-alia
on the ground of sex. These articles are all justiciable and form on the basis of our legal
Constitutional history.

Directive Principles of State Policy (Part IV): Article 38 requires the State to
secure a social order in which justice social, economic and political for the promotion of welfare
of the people. It requires the state to strive to eliminate inequalities in status, facilities and
opportunities. Clearly the intention of the makers of the Constitution was to ensure that equality
would not be only of opportunity but in reality. Article 39 puts down the principles of policy to
be followed by the state which include that the state should direct its policy toward securing the
right to an adequate, means of livelihood, that there is equal pay for equal work, that the health
and strength of workers men and women, are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength. Article 42 requires the
state to make provision for securing just and humane conditions of work and for maternity relief.
Article 46 requires the state to promote with special care the education and economic interest of
the weaker sections of the citizen. Clearly then the objective is to strive towards a gender just
society.

Fundamental Duties (Part IV: A): In part IV:A of the constitution incorporated
through 42nd Amendment Act, 1976, our natural obligation to renounce practices derogatory to
the dignity of women has been elevated to the status of fundamental duty by article 51:A. The
Equal Remuneration Act, 1976, t6he Maternity Benefit Act, 1961, the Dowry Prohibition Act,
1961 and the Immoral Traffic (Prevention) Act, 1956 are some of the enactments which owe
their existence to the above mentioned provisions of the Indian Constitution.

The Constitution 73rd and 74th Amendments Act of 1993 : The 73rd and
74th Amendments (1993) to the Indian constitution have served as a major break through
towards enhancing the women’s participation in democratic process. These amendments
provided for reservation of 33.33 per cent of elected seats. There is also a one-third reservation
for women of posts of chairpersons of these local bodies. This is likely to be widened by
constitutional amendment for women’s representation in legislatures by reservation. However, it
must be remembered that guaranteeing a right in law does not ensure the ability to access the
right in reality. The fact that the historical subjection of women has not come to an end is
constantly before us in the form of the reducing number of women in each census. It is falling at
an alarming rate which is a matter of concern. Similarly crimes against women have been on the
increase. Incidents of rape, sexual assault, sexual harassment, domestic violence, cheating etc.
have been growing not only in numbers but also in intensity and brutality. The statistics provided
by the Crime Bureau of India brings this before us every year. These statistics only reveal the
numbers of reported cases. One can easily imagine how much bigger the number would be if one
were to take into account the numerous unreported cases. In addition, in the context of an
expanding market economy, there has been the increasing objectification of women in the
advertisements and the media. Parliament has from time to time either made amendments to the
existing laws or enacted new laws to address these various concerns.

Judicial Approach towards Gender Justice: The Supreme Court in Muthamma

v. Union of India (1979) 4 SCC 260 and Air India v Nagresh Mirza AIR 1981 SC 1829 Struck
down discriminatory service conditions requiring female employees to obtain government
permission before marriage and denying married and pregnant women the right to be employed.
In Vishaka v State of Rajasthan AIR 1997 SC 3011 the Supreme Court observed that equality in
employment can be seriously impaired when women are subjected to gender-specific violence,
such as sexual harassment in the workplace Therefore, the Supreme Court issued guidelines to
ensure that the women have equal working conditions and are protected from sexual harassment.
Vishaka was public interest class action and came up before Supreme Court of India at the
instance of certain social activists and Non-Government Organizations (NGOs) seeking to
prevent sexual harassment of working women in all work places. Their grievance was that while
working women remained vulnerable to this, neither the legislature nor the executive
government was taking any effective preventive measure in this behalf. Therefore, the plaintiffs
approached the apex court for the enforcement of the fundamental rights of the working women
as guaranteed by the Constitution. This was endorsed in Apparel Export Promotion Council v.
A. K. Chopra AIR 1999 SC 625 in which disciplinary proceedings for sexual harassment leading
to dismissal from service were upheld by the Supreme Court. In Cases relating to public
employment, the courts have quashed the discriminatory provisions that gave advantages to men
and imposed disabilities on women. In Maya Devi v. State of Maharashtra 1986(1) SCR 743 the
requirement of husband’s consent for wife’s application for public employment was struck down
as an anachronistic obstacle to women’s equality and economic justice. Since article (15(3) itself
hints substantive approach, its application for giving special educational facilities, for giving
representation in local bodies and for protection in places of work has a substantive dimension.
Upholding a service rule that preferred women in recruitment to public employment to the extent
of 30% of posts, the Supreme Court stated in Government of A. P. v. P. K. Bijayakumar AIR
1995 SC 164 to say that under Article 15(3) job opportunities for women cannot be created
would be to cut at the very root of the underlying inspiration behind this Article Making special
provision for women in respect of employments or posts under the state is an integral Part of
Article 15(3)”.
 Some Land Mark Judgments:
(A) A Woman shall not be denied a job merely because she is a
woman:
In its land mark judgment the Apex Court Air India v. Nergesh Meerza,1 has held that a woman
shall not be denied employment merely on the ground that she is a woman as it amounts to
violation of Article 14 of the Constitution. In the present case where in airhostesses of Indian Air
Lines and Air India have challenged the service rules which state that: Airhostesses shall not
marry for the first four years of their joining, they will lose their jobs if they be become pregnant.
They shall retire at the age of thirty five years, unless managing director extends the term by ten
years in his discretion. The Supreme Court suggested that the first provision is legal, as it would
help in promotion of the family planning programmes, and will increase the expenditure of
airlines recruiting airhostesses on temporary or adhoc basis, but the second and third provisions
to be declared as unethical, callous, cruel, detestable, abhorrent, unreasonable, and
unconstitutional and an open insult to Indian womanhood. Thus, the above decision of the Apex
Court has greatly elevated the status of working woman.

(B) Denial of Seniority promotion on Ground of Sex

Rules regarding seniority and promotion in the Indian Foreign service was challenged before the
Apex Court in Miss. C. B. Muthamma v. Union of India.2 Where it has been held that the Rules
relating to seniority and promotion in Indian Foreign Service which make discrimination only on
ground of sex is not only unconstitutional but also a hangover of the masculine culture of hand
cuffing the weaker sex. In the instant case a writ petition was filed before the Apex Court it was
contended that she had been denied promotion to Grade I on the ground of Sex, which violated
Article 15 of the Constitution of India, 1950. The Apex Court allowed the petition and held that
Rule 8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961 which requires
that an unmarried woman member should take permission of the Government before she marries.
After marriage, she may be asked any time to resign if it is felt that her family life affects her
efficiency as of right to be appointed to the service (I.F.S.) contravenes Article 15 of the
Constitution. In view of the above decision, now these provisions have been deleted.

(C) Beauty Contests: Whether Violation of Constitutional Provisions:

This question was raised before the Andhra Pradesh High Court in C. Rajakumari v.
Commissioner of Police, Hyderabad.3 It has been held that if a beauty contest indecently
represents any woman by depicting in any manner the figure of woman, form, body or any part
thereof in such a way so as to have the effect of being indecent, or derogatory to or degrading
women, or likely to deprive, corrupt an injure the public morality would be volatile of the
provisions of the Indecent Representation of women (prohibition) Act, 1986 and also
unconstitutional as it violates Articles 14, 21, and 51:A of the Constitution of India.
(D) Constitutional Validity of Section 497 (i.e. Adultery) of the Indian
Penal Code, 1860:
In the offence of adultery Section 497 of the Indian Penal Code, 1860 punishes only the male
counterpart and exempt the women from punishment. The Constitutional Validity of Section
497, I.P.C. was challenged on the ground that it is violative of Articles 14 and 15 (1) of the
Constitution in Abdul Aziz v. State of Bombay. The Apex Court upheld the validity of the
provision on the ground that the classification was not based on the ground of sex alone. The
court relied upon the mandate of Article 15(3) of the Constitution to uphold the validity of the
said provision of the code. However, in the present case the petitioner contended that even
though the woman may be guilty as an abettor, only the man was punished, which violate the
right to equality on the ground or sex. Section 497 of IPC: Adultery: Whoever has sexual
intercourse with a person who is and whom he knows or has reason to believe to be the wife of
another man without the consent or Connivance of that man, such sexual intercourse not
amounting, to the offence of rape, is guilty of the offence of adultery, and shall be punished with

Indian Constitution and Special

Provisions for Women and Children:
As aforesaid under Article 15 of the Indian Constitution the State is empowered to make special
provisions for women and children. For instance making of special seating arrangement in trains
or buses is in no way unconstitutional.

(a) Reservation of Seats for Women in College: The Bombay High Court in
Detta treya v. State of Bombay,8 has held that reservation of some seats in women’s colleges is
not unconstitutional. The court observed that establishment of educational institution exclusively
for women is not hit buy Article 15 of the Constitution.

(b) U.P. Court of Wards Act, 1912: Proprietorship Relating to

Property: In Ram Raj Rajeswani Devi V. The State of Uttar Pradesh wherein the issue
related to a discriminatory provision in a statute was adjudicated under the U. P. Court of Wards
Act, 1912. According to this Act a male proprietor could be declared incapable in managing his
property only one of the five grounds mentioned therein and that to after giving him an
opportunity of showing cause as to why such a declaration should not be made, a female
proprietor could be declared incapable to manage her property on any ground and without giving
her any show cause notice. The Allahabad High Court held that this provision was bad because it
amounts to discrimination on the basis of sex which is violative of Article 5(1) of the
Constitution of Indian, 1950.

(c) Constitutional validity of Section 437 of the Code of Criminal

Procedure, 1973 : The mandate of Section 437 of the Code of Criminal Procedure permits
discrimination in favor of woman even if there appears to be a reasonable ground for believing
that they have been guilty of an offence punishable with death or imprisonment for life.10 In
other words this section prohibits release of a person accused of a capital offence on bail except
women and children under 16 years age of Sick or infirm persons. In Choki v. State of
Rajasthan, the Rajasthan High Court has held that it is valid on the ground that it makes special
provision for women and therefore it is protected under Article 15(3) of the Constitution.

(d) Granting Licenses for Opening Liquor Shop: The Allahabad High Court
in Smt. Savitri v. Bose,12 has held that Article 15(1) of the Constitution protect women from
being discriminated on the ground of sex. Accordingly, the decision of the excise authorities to
prefer men over women in granting licenses for opening of liquor shops was struck down as
coming within the prohibition of Article 15(1). It was further held that such a discrimination was
not permitted under Article 15(3) of the Constitution which authorizes the State to make special
provisions for women as the special provision can give some advantage to women and can not be
to their detriment.

(e) The Immoral Traffic (Prevention) Act, 1956 and the Indian
Constitution: Article 23 of the Constitution provides the right against exploitation. This
constitutional provision prohibits traffic in human beings. In this context traffic in human beings
includes ‘devadashi system’. The Apex Court in Vishal Jeet v. Union of India, observed that
trafficking in human beings has been prevalent in India for a long time in the form of selling and
purchasing of human beings for prostitution for a price just like that of vegetables. On the
strength of Article 23(1) of the Constitution, the legislature Scope of Article 15(4) of the
Constitution: The Apex Court in Dr. Preeti Srivastava v. The State of Madhya Pradesh,
explained the scope and ambit of Article 15(4), which was added by the Constitution first
Amendment of 1951. It enables, the State to make special provisions for the advancement of
1951. It enables, the State to make special provisions for the advancement of women inter alia,
Scheduled castes and Scheduled tribes, notwithstanding Article 15(1) and 23(2). The working of
Article 15(4) is similar to that of Article 15(3). Article 15(3) was there from the very inception.
In enables special provisions being made for women and children notwithstanding Article 15(1)
which imposes the mandate of non discrimination on the ground (among others) of sex. This was
envisaged as a method of protective discrimination. This same protective discrimination was
extended by Article 15(4) to (among others) of sex. This was envisaged as a method of
protective discrimination. This same protective discrimination was extended by Article 15(4) to
(among others) Scheduled cases and Scheduled Tribes. As a result of the combined operation of
these Articles, an array of programmers of Compensatory or protective discrimination have been
pursued by the various states and Union Government. Since every such policy makes a departure
from the equality norm, though in a permissible manner for the benefit of the backward, it has to
be designed and worked in a manner conducive to the ultimate building up of an egalitarian non
discriminating society.
 Directive Principles of State Policy
and Women:
Under the Constitution of India, 1950 the directive principle of State policy is the reflection of
governance that India is a welfare democratic state. This policy envisaged equal rights to work,
equal pay for equal work, adequate means of decent and dignified livelihood to both men and
women, these are guaranteed under the directive principles of state policy. Part IV of the
Constitution containing Articles 38, 39(a) (d) and (e), 42, 44 and 45 deal with the welfare and
development of women. According to Article 39 (a) the State should direct its policy towards
securing that the citizens, men and women equally have the right to an aedequate means of
livelihood. This Article provides equal right for all citizens, irrespective of sex, to aedequate
means of livelihood. As per Article 39 (d) of the Constitution in the states that three should be
equal pay for equal work for both men and women. Thus, the state is under constitutional
obligation to direct its policy towards securing that there is equal pay for equal work for both
men and women.

(a) Principals of ‘equal work’ is a Constitutional goal : The Apex Court in

Randhir Singh v. Union of India , has expressed the opinion that the principle of ‘equal work’ is
not declared in the Constitution to be a fundamental right but it is certainly a constitutional goal.
Article 39 (d), the principal of equal pay for equal work is deducible from those Articles and may
be properly applied to cases of unequal scales of pay based on no classification or irretional
classification though, those drawing the different scales of pay do identical work under the same
remployer. In the present case the Supreme Court has held that the principle of ‘equal pay and
equal work’, though not a fundamental right, is certianly a constitutional goal and therefore,
capable of enforcement through constitutional remedies under Aricle 32 of the Constitution. The
doctrine of ‘equal pay for equal work’ is equally applicable to both mean and women, even the
daily wagers are also entitled to the same wages as other permanent employees in the department
employed to do the identical work.1 Similarly, in State of Haryana v. Rajpal Sharma, the
Supreme Court has held that the teachers employed in privately managed aided schools in the
state of Hayarana are entitled to the same salary and dearness allowance as is paid to teachers
employed in Government schools. If the kind of work is not identical then it does not matter if
men are paid more. But, in case work is of the same type both men and women should be paid
euqlly without any discrimination.

(b) Men and Women Workers to be protected Equally : According to Article

39(e) of the Constitution the health and strength of workers i.e, men and women and that of the
children of under age to be protected equally. They should not be forced to work under inhuman
and hazanrdous condition. In view of this Article the State shall direct its policy towards
enouring the health and strength of workers (men and women) and the of under age children are
not forced by economic necessity to enter a vocation unsuited to their age and strength. In M.C.
Mehta v. State of Tamil Nadu, 23 It has been held that not in view of Article 39 the employment
of children within the match factories directly connected witht the manufactouring process of
matches and fire works can not be allowed as it is hazardous. Children can, however, be
employed in the process of packing etc. away from the pace of manufactouring.

(c ) Equal jjustice and free legal aid : Article 39:A of the Constitution provides
equl justice and free legal aid. The state shall encure that the operation of the legal system
promotes justice, on a basis of equal opportunity and shall, in particular, provide free legal aid by
appropriate legislation of schemes or in any other way to ensure the existence of opportunities
for securing justice. On several occasions it has been held by the Apex Court that legal aid and
speedy trial have now been treated as fundmental rights under Article 21 of the constitution
available to all prisoners and enforceable by the courts. The state is inder a duty to provide
lawyer to a poor person and it must pay to the lawer his fee as fixed by the court.24 (d) Uniform
Civil Code and Gender Justice, Equality : Article 44 the Constitution requires that state shall
eneavour to secure for the citizen a uniform civil code throughout the terriory of India. But
women still exerrience inequalities and injstice. The founding fathers of the constitution were
aware of the gender injustice and sexual inequality of women and they incorporated Article 44 of
the Constitution with the aim that it may be exercised in future at appropriate time. It is really
unfortunate that even after 50 years of independence the State did not find it necessary to make
any serious endeavours to fuefise this constitutional obligation. In a Land mark judgment in
Sarla Mudgal v. Union of India,the Apex Court has passed direction to the Central Government
to take a fresh look at Article 44 of the Constitution which enjoings the State to secure a uniform
Civil Code which, according to the Court is imperative for both protection of the oppressed and
promotion of national unity and integrity. The above direction was given by the Court while
wealing with the case where the question for consideration was whether a Hindu Husband
married under Hindu law, conversion to Islam, without dissolving the first marrage, after be can
solemnize a second marriage. It has been held by the Apex Court that such a marriage will be
illegal and the husband can be proseuted for bigamy under Section 494 of the Indian Penal Code,
1860. In the present case the Court further held that a Hindu marriage continues to exist even
after one of the spouse converted to Islam. There is no automatic dissoultion of Hindu marrage.
It can only be dissolved by a decree of divorce on any of the ground mentioned in Section 13 of
the Hindu Marriage Act, Accordingly, the second marriage a Hindu after his conversion to Islam
was void in terms of Section 494, I. P.C and the husband was liable to the prosecuted for bigamy.
As to the question regarding Uniform Civil Code the division bench (Justice Kuldip Singh and
R. M. Sahani), in their concurrent but separate judgements in the aforesaid case observed that
since 1950 a number of governments have come and gone but they6 they have failed to make
any serous effort towards impementing the Constitutional Commitment made under Article 44 of
the Constitution. Resultantly, the problem today is that many Hindus have changed their religion
and have converted to Islam only for the purpose of esceaping the consequence of bigamy. This
is so because Muslim Law permits more thatn one wife to the extent of four. Justice Kuldip
Singh said that Article 44 of the Constitution is based on the concept that there is no necessary
connection between religion nd personal law in a civilised society. Marriage succession and life
matters are fo a secular nature and therefore they can be regulated by law. No religion permits
deliberate distoritions. Much apprehension prevails about bigany in Islam itself. Ismalmic
Countries such as Tunisia, Morocco, Iran, Pakistan, Syria and several other Islamic Countries
have codified their personal law to prevent its abuse. Even in America it has been judicially
acclaimed that the prastice of polygamy is injurious to public morals; even though some religion
may make it obligatory or desirable for its followers. The said Honourable Judge further said that
his abuse of polygamy can be regulated by the State just by prohibiting human secrifice or the
practice of ‘Sati’ in the intest of public order.

Protection of women from

prostitution and rehabilitation of
their children :
In a significant judgment in Gaurav Jain v. Union of India.31 the petitioner, a public spirited
advocate “Gaurv Jain”, filed a public interest petition seeking appropriate directions to the
Government for the improvement of the plight of prostitutes, fallen women and their childre. He
was inspired by reading an Article entitled “A red light trap” “Society gives no chance to
prostitutes offspring”, published in India Today dated July 11, 1988. The Supreme Court has
issued a numbers of directions to the government and all, social organisations to take upon
appropriate measurs for prevention of women in various forms of prostitution and to rescue them
from falling them again into the trap of red light areas and to rehabilitate their children through
various welfare measures so as to provide them with dignity of person meansof livelihood and
socio economic improvement. The Court has issued the following directions ::
(i) The Court held that it is the duty of Government and all voluntary non:governmental
organisation to take necessary measurer for p0rotecting them from prostitution and to rehabilitate
them so that they may lead a life with dignity of person.
(ii) The Court directed that they should be provided opportunity for education, financial support,
developed marketing facilities for goods produced by them. If possible their marriages may be
arranged so that the problem of child prostitution can be eradicated. Marriage would give them
real status in society. They should be given housing facilities, legal aid, free counselling
assistance and all similar aids and service so that they do not fall into the trap of red light area
again.
(iii) The Court held that economic empowerment is one of the major factors that prevent the
practice of dedication of the young girls to the prostitution ad Devadasis Jogins or Venkatasins.
Referring the various measures taken up by different states, the Court directed that the social
welfare Department should undertake similar rehabilitation programmes for the fallen victims so
that the foul practice is totally eradicated and they are not again trapped into the prostitution. The
Court gave example of State of Andhra Pradesh where the state Government is providing
housing facilities, free treatment in hospitals and pension to devadasis women are being taken by
Non Governmental Organizations (N.G.O.S.) in the States of Maharashtra, Karnataka and
Andhra Pradesh.
(iv) The Court directed that the rescue and rehabilitation of the child prostitutes and children
should be kept under nodal department, namely, Department of Women and Child Development
under the Ministry of Welfare and Human Resources, Government of India, which will, devise
suitable schemes for proper and effecive implementation. The Court directed the Ministry of
Welfare, Government of India of the establishment of juvanile homes.

Article 243 of the Constitution and

Reservation for SC/ST/BC/Women:
Wherein Gujarat Municipalities (Resevation of scheduled cast/schedule Tribe/Backward class
women for office of President) Rules 1994; Rules 2 and 3 red with schedule Rule 5; reservation
office of President of Municipality for SC/ST/BC when by noster, all the members of the
municipality belonging to specific reserved category irrespective of whether they were elected as
members how reserved seat or not, would be eligible to stand for the office of president. By
providing for the office of the president to be filled from different categories of persons by
rotation the effect is that as per the rostore point the office of the president is required to be filled
how a specified or particular class e.g. the Scheduled caste or Scheduled Tribe or Backward
Class or women them all other members of the municipality who do not fall under that category,
are all excluded how contenting the election. The eligibility and the corresponding exclusion of
others is determined on the basis of the candidate answering to the description of the category or
caste for whom the post is reserved as per the roster and not the nature of constituency from
which the person is elected. For example – when as per roster the candidate for the president’s
post has to be a Scheduled Caste then the Act and the Rules do not provide that it is only he
Scheduled Caste candidate who has been elected from Scheduled Caste ward who can stand for
election and the other scheduled Caste candidates are not eligible even though they were popular
enough to get elected from unreserved wards

conclusion
It is realized that despite the constitutional safeguard and the active judicial support towards the
cause of women, changes in social attitudes and institutions cannot be brought about very
rapidly. However, it is necessary to accelerate this process of change by deliberate and planned
efforts so that the pernicious social evil of gender inequality is buried deep in its grave. Laws
written in black and white are not enough to combat the evil. The role of Courts and judges
assume greater importance and it is expected that the Courts would deal with cases relating to
woman in a more realistice manner. A socially sensitive judge is indeed a better statutory armour
in cases of crimes against women than the long clauses of penal provisions, containing complex
exceptions and provisos. Awakening of the collective consciousness is the need of the day. A
problem as multifacted as women’s self:actualization is too important to be left to a single
section of the society. This responsibility has to be shared by the State, community
organizations, legislators who frame the laws and the judiciary which interprets the Cnstitution
and other laws in order to givbe a fillip to the legal reform in the field of gender justice and to
usher in the new dawn of freedom, dignity and opportunity for both the sexes equally.

Bibliography
1.) http://wwwliiofindia.org/
2.) https://shodhganga.inflibnet.ac.in/
3.) http://epgp.inflibnet.ac.in/