Gender Mainstreaming through Constitutional Provisions
Gender biasness in all walks of social life is a raging phenomenon, and today the constitution is being increasingly recognised as the institution upon which rests the burden of bringing about a change through provisions encouraging gender mainstreaming leading to a greater concern for, and protection for women.
The Indian Constitution is in many ways accustomed to address the issues of gender equality which were consciously dealt with by the framers of the constitution. The judiciary, executive and legislature all have the responsibility to empower women in consonance with article 15(3) which authorises state to make special provisions for women. It is the fundamental duty of each citizen to uphold the dignity of women in society and to do away with derogatory practices.
Though our democracy provides equal rights to women as free citizens to participate in the decision making process, but the socio-economic and cultural situation makes such provisions ineffective and utopian, thus making it all the more imperative to interpret the constitution and the laws in a pro-woman and anti-subordinate way. In a patriarchal society where power is freedom, women due to their inferiority in democratic participation have marginalised freedom.
Gender is not a difference, rather a hierarchy, to be dealt with as a matter of supremacy and subordination. Purposive interpretation, focusing on the reason, motive, end that a provision seeks to achieve interprets Article 21 as enabling the development of human personality giving us the right to live with dignity, conferring upon us the right to access all such conditions which make life liveable with dignity.
According to Granville Austin the meaning of “protection” in the clause, “equal protection of rights”, places upon the “government the positive responsibility to give