By- Shamila Ali, 4th semester LLM Student, Criminal Law, Bharata Mata School of Legal Studies, Choondy, Aluva.
INTRODUCTION
Women and children constitute a significant contribution to the society even they are remaining as vulnerable groups often facing discrimination, exploitation, abuse and other kinds of socio-economic challenges. Protection of their rights are essential for ensuring equality and promote welfare and it reflect justice delivery system. Constitution guarantee fundamental rights for safeguarding the rights of women and children. However, they continue to face various challenges such as discrimination, exploitation, trafficking, abuse, deprivation of rights and harassment etc. Recognizing the needs for protecting women and children against violence, both national and international legal frameworks also commenced well-being of them. Apart from these legislative measures, institutional mechanisms, judicial interventions and other commission and committees also plays significant role to ensure safeguard to them. Understanding these laws are very crucial for the empowerment of women and protection of children in the society.
CONSTITUIONAL PROVISION REGARDING PROTECTION OF WOMEN AND CHILDREN
Constitution is the supreme law of the land. It provides extensive safeguard for women and children shaping the foundation of gender justice and child welfare in India. The constitution grants equality before the law and equal protection under the law, irrespective of gender. Article 15 also prohibits discrimination against religion, caste, race, sex or place of birth. This also ensure the protection of women and children from such kind of discrimination. Article 15(3) empowers the State to make special provision for women and children. Constitution also provide equality in public employment opportunities under Article 16 of Indian Constitution. The judiciary interpreted Article 21 widely to include the right to live with dignity, the right to a healthy environment, the right to livelihood, etc. Apart from these fundamental rights, the Directive Principles of State Policy (DPSP) also ensure protection by the following articles.
Article 39(a) – The state shall, in particular, directs its policy towards securing that the citizens, men and women have the right to an adequate means of livelihood;
Article 39(d) – that there is equal pay for equal work for both men and women;
Article 39(e) – that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
Article 39(f) – that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 42 – The State shall make provision for securing just and humane conditions of work and for maternity relief.
Article 45 – The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
Article 243 D (3), (4), 243 T (3) and 243 T (4) also dealing with the reservation of women in direct election and office of chairperson who belongs to scheduled caste and scheduled tribes.
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