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Swamy Vivekananda had aptly remarked:“Just as a bird could not fly with one wing only, a nation would not march forward if the women are left behind”.Being conscious of the need of the time, the framers and founding fathers of the time, the framers founding fathers of our compassionate Constitution incorporated certain sacrosanct ideals in the form of comprehensive rights of women so as to metamorphose the abstract ideals into a concrete form, which would enable the upliftment of the status of women in the male – dominated chauvinistic society.The crucial question that arises for deliberation is: Have the woman been able to reap the benefits provided for them under the constitution of India? The answer, unfortunately, is not encouraging. There is still a long way to go to achieve the goals enshrined in the constitution. In sprit of special constitutional guarantees and other legislation crimes against women n the form of child marriage, rape, dowry, practice of sati, trafficking of girl child, prostitution, domestic violence, and several harassment are on the increase. The review of the disabilities and constraints on women, which stem from socio – cultural institution, indicates that the majority of women and opportunities guaranteed to them by the constitution. Justice K Ramawamy has also stated:“Indian women have suffered and suffering discrimination in silence. Self sacrifice and self denial are the nobility and fortitude and yet they have been subjected to all inequalities, indignities, inequality and discrimination”Despite this regression in the social and moral values, there is still a ray of hope in the midst of the darkness surrounding the realization of women’s rights. Time and again the Indian judiciary has played a pro – active role by their positive interpretation of the various constitutional provisions for women upholding, the validity of various legislations and laying down exhaustive guidelines to realise the concept of ‘gender justice’ and gender equalityIn the past few years, the safety of women in India has been down because of some continuous and terrible crimes against women. There has been decline in the women status from ancient to medieval period which is continued in such an advanced era. Women of India have equal rights as like as men of this country as they occupy almost half population of the country and involved in half proportion in the growth and development of the country.It is true that women in modern India are joining high offices (President, Speaker of Lok Sabha, Union Ministers, Leader of Opposition, Chief Minister, Governor, etc) however on the back of curtain they are being exploited too. According to the Constitution of India, they have equal rights of dignity, equality, and freedom from gender discrimination. Indian women are continuously facing numerous problems such as sexual harassment, violent victimization through rape, acid attack, dowry deaths, forced prostitution, and many more.FRAMERS OF THE CONSTITUTION AND THEIR NOTION TOWARDS GENDERJUSTICEThe Constitutional framers started their work much before independence when they first met in the Constituent Assembly on 9thDecember, 1946. 58The Framers of the Constitution took almost three years (2 years, 11 months, 17 days) to frame the Constitution. The cabinet mission recommended that the members are to be chosen through indirect election by the members of provincial legislative assembly and thereafter 292 members were elected; 93 members represented the princely states and four members represented their chief commissioner's provinces.Among the framers of the Constitution the prominent names were Dr Ambedkar, Pandit Nehru, DrRajendra Prasad, Sardar Patel, Maulana Azad, Acharya Kriplani andPanditGovind Pant. On Dec 13, 946, Pandit Nehru moved the objectives of the Constitution throughwhich India evolved as sovereign, independent and republic state and the future governance of the country was vested upon the Constitution.Another objective of the draft constitution was that all the people of India should be guaranteed and secured with 59justice (social, economic and political), equality of status and opportunity, equality before law, freedom of thought, faith, worship, vocation, association, action, expression and belief. However, these were subjected to Law and public morality. As mentioned above, Dr Ambedkar was one of theprominent persons in the drafting committee of the Constitution. Not only that, he was the chairman of the drafting committee. As a member of the legislative council, Dr Ambedkar raised his voice on women's issues and he played a very important role while giving shape to the provisions relating to equality of women in the Indian Constitution. Even before drafting the constitution, Dr Ambedkar through his works expressed his great concern towards the women mass in India and advocated equality. He always measured the progress of a community in the lights of the progress of women. Ambedkar through his paper 60 -Mechanism, Genesis and Development talked about the relationship between caste and gender .in this work he drew an inference that caste was merely created by the Brahmins of ancient India. These Brahmins enslaved the minds of women and found means of controlling and subjugating them. Dr. Rajendra Prasad in his book "correspondence and select documents"said that basis education should be given to girls, including those of backward classes and they should be encouraged to earn a living both through skilled and unskilled labor. He also said that women should be included in village council, education councils, local bodies and legislatures in the country and they must be encouraged to fill up political posts. When the Constitution was being drafted, Pandit Nehru talked about the liberty of thought, expression, belief, religion and worship of all citizens of India. He said that women have the right to equality and equity. According to him, the Indian customs and practices very intelligently allotted an inferior status to women and in suchsocial condition; women were unable to realize their full potential. These eminent personalities thus made an effort to ensure that the Rights of women under Indian Constitution are at par with that of men and accordingly they framed the Constitution.62Several Acts were passed to ensure equal Rights of women such as the Child Marriage Restraint Act, the Special Marriage Act, the Hindu Succession Act, Dowry Prohibition Act, Equal Remmuneration Act, Indecent representation of women (prohibition)Act,Maternity benefit Act,Muslim women's (Protection Of Rights On Divorce) Act, National Commision for Women Act, Special Marriage Act etc.JUDICIAL TRENDS AND PRACTICAL REALITYFundamental Rights and women: As mentioned earlier, the Constitution of India guarantees all such rights to women which are given to men. Women thus enjoy the Right to Equality, the Right to freedom, the Right against exploitation, the Right to freedom of religion, Cultural andEducational Rights and the Right to Constitutional remedies. Now, let us throw some light on the attitudes of judiciary on women and whether the judiciary has been successful in making de jure equality into de facto equality. It was rightly decided in the landmark case of Nargesh Meerza vs Air India73 that a woman shall not be denied employment merely on the ground that she is a woman. This leads to violation of Article-14 of the Constitution. In the present case, an air-hostess of Air Indiachallenged the service rules of Air India where air hostesses were barred from getting marriedwithin a period of 4 years from the date of their joining. The rule further stated that the air-hostesses shall lose their jobs if they become pregnant and also that they will retire at the ageof 35 years (exception can be made only if managing director extends the term by 10 years athis own discretion). The Apex Court that that even though the first provision is reasonable, thesecond and third provisions are cruel, arbitrary and unconstitutional.In the case of C.B Muthamma vs Union of India74, a writ petition was filed before the ApexCourt which challenged Rule-8(2) of the Indian Foreign Service (Conduct and Discipline)Rules,1961. In this rule it was stated that an unmarried woman member before getting marriedmust take the permission of the Government and even after marriage she might be asked toresign the office any time if it is found that her family life is affecting her work efficiency. TheApex Court in this case declared the rules relating to seniority and promotion in Indian ForeignService to be unconstitutional and violative of Article-15 of the Indian Constitution. Alongwith this, the court held thatthe rules contain essence of masculinity in them, as if an attempthas been made to dominate the weaker sex.In the case of C.Rajakumari vsCommisioner75 of Police, Hyderabad a question was raisedbefore the Andhra Pradesh High Court pertaining to the fact whether the beauty contests which indecently represents a women's body ,figure and form is violation of Article 15 of the Constitution. The court held that if any beauty contest women's body or any part of the body in such a way that it is indecent and is injurious to public morality then such beautycontest would be violative of the provisions of Indecent Representation of Women(Prohibition)Act,1986 and also unconstitutional as it violates Articles-14,21 and 51A. In the case of Vishal Jeetvs Union of India76 the petitioner filed a writ petition by way of publicinterest litigation and seeked certain directions from the court. He wanted the court to look intoissues of red light areas and forced prostitution. He also wanted the court to look into the systemof devdasi and yogins which are famous systems of dedication of young girls to deities and away of prostitution. Considering all the aspects of matter before it, the Supreme Court issuedcertain directions. The court observed that on the strength of Article 23(1) of the Constitutionthe legislature has passed the Immoral Traffic (Prevention) Act,1956 and it gave certaindirectives to the State Govts and Union territories to take steps to eradicate child prostitutionand set up adequate rehabilitative homes.In the case of Suchita Srivastava and another vs Chandigarh administration a womn's right to make reproductive choice is a part of personal liberty conferred under Article-21 and thatmay include procreation as well as abstaining from procreation. The court further stated that awoman has the right to refuse to participate in sexual activity.In the case of P.B. Vijaykumar and another vsGovt of Andhra Pradesh78, the petitionerchallenged Rule-22A(2) of Andhra Pradesh State And Subordinate Service Rules as violativeof Articles-14 and 16(4) of the Indian Constitution. Sub Rule 2 of rule 22A is read as "in the matter of direct recruitment to posts for which women and men are equally suited, other thingsbeing equal, preference shall be given to women and they shall be selected to an extent of atleast 30% of the post in each category of OC, BC,SC and ST quota "The petitioner argued that the State cannot make any reservation in favour of women in relation toappointments or posts under the State because this would lead to discrimination on the groundof sex in public employment or appointment to posts under the State and would be violate Art-16(2). The court here held that while dealing with employment under the State both articles-15and 16 has to be kept in mind. The court also stated that the power conferred by Article-15(3)is wide enough to cover the entire range of state activity including employment under state.The court clearly stated that Rule-22A(2) provides for preference being given to women to theextent of 30% of the posts, other things being equal and thus it is not reservation for women inthe normal sense of the term. The court held that this rule is within the ambit of Art-15(3) and hence constitutional Now, this judgment was given by a Bench headed by JusticeManoharSujata. Her contentionwas that since women of India have been socially and economically handicapped for centuries,they were not adequately represented in the socio-economic activities of the nation and thusArticle-15(3) to bring about equality between men and women. Thus, preference for women tothe extent of 30% is just in the light of Art-15(3). Justice Sujata being a lady judge herself mayhave been a little bias while setting aside the judgement of High Court as it strikes down thesecond part of Rule-22A(2).Similarly, in the case of Vijay Lakhmi vs Punjab University79 and others question was raisedagainst preference being given to a woman as principal of a government college for girls. Itwas said that this preferential attitude is violative of the Right to equality. However, the courtheld that Art-14 does not bar rational classification and the question of inequalitydoes not ariseif there are different sets of circumstances. Also, Art-15(3) empowers the State to make special proviosions for women and children.The court gave its judgement in the light of the nature of duties assigned to a principal in relation to girl students and thus held that appointment of ladyprincipal in Women's College or a lady teacher therein cannot be held to be violative either ofArticle 14 or Article 16 of the Constitution, because classification is reasonable and it has anexus with the object sought to be achieved. The court while dealing with this case referred tothe case of P.B. Vijaykumar where the court had dealt with similar kind of situation.In the case of Abdul Aziz vs State Of Bombay80,the constitutional validity of Sec-497 (adultery)of the Indian Penal Code was challenged on the ground that it is violative of Articles-14 and15(1) of the Constitution. In case of an offence of adultery, the Indian Penal Code,1860punishes only the male counterpart and exempts the woman from punishment. The petitionerargued that this section is violative of the principle of Right to Equality because even though,in case of adultery, a woman is equally liable as that of her male counterpart, she is exemptedfrom the eyes of Law. If we read Sec-497 of the Indian Penal Code it is clear to us that thesection punishes the offence of adultery committed with a married woman without the consentof her husband. Thus, if a sexual intercourse happens between a married man and an unmarriedwoman, or a widow, or a married woman whose husband gives consent, the crime would notbe constituted. Thus, the petitioner argued that this section intends to make an irrationalclassification between men and women. However, the Apex Court rejected the contention and said that it is a commonly accepted notion that it is a man who is the seducer and not thewoman. Also, the classification was not based on sex alone.This argument given by the court is ridiculous because when two adult person goes into anadulterous relationship that is a consensual one. Also, this section somewhat contains in itself the essence of fight between two male persons over a claim i,e women the National Commission for Woman turned down the proposals of amending Sec-497 of Indian Penal Codebecause there contention was that by punishing women, marriage cannot be saved. Also,maximum married women in the present society are still unempowered. Imprisonment of awoman will further destroy her family life and social life. Thus we see that through this section,legislature intends to safeguard the institution of marriage and if a woman is held equally liablefor an adulterous act as that of her male counterpart then she will get stigmatized, her familylife will be ruined and since women are the sole savior of the institution of marriage; it willalso lead to a breakdown of such institution. It is evident from the above discussion that women still now are understood in the light of men, family and society. She is not understood as a free reasonable human being who is capable of giving consent in case of adultery and understanding the consequences of such consent. In the light of this discussion, Leela vs State of Kerala81demands special attention. In this case Sec-66(1)(b) of the Factories Act was challenged on the ground that it violates Articles-14, 15 and 16 of the Indian Constitution. But the petition was dismissed on the ground that Sec-66(1)(b) contains in itself a special provision in favour of woman. The Kerala High Court held that the Factories Act is a piece of social welfare legislation and the basic objective of Sec-66(1)(b) is to regulate the working hours. The section ensures that women are not taken away from their families or exposed to hazardous work in factories at night. The court also held that the very nature of the women is commitment to the family and thus lady constables are not asked to go to patrol at night, lady waitresses in hotels are not asked to work at night. From this point of view of the court, the social reality of so-called modern women is established. A women's role is still calculated in the sphere of her being a mother , being a wife and being the sole protector of her family. Similar kinds of role are not attributed to her male counterpart. Thus, time and again she is and should be understood in the light of a man.However, it is worthwhile to mention that the Court gave a different view in the case of Smt. Savitri vs Bose82. In this case the decision of the excise authorities to prefer men over women in granting licenses for opening of liquor shops was struck down. It was held by the Allahabad High Court that such discrimination was not permitted under Art-15(1) and 15(3) of the Constitution.Crimes against women in India :There is a big list of crimes against women in India such as acid attack, child marriages, domestic violence, forceful domestic work, child abuse, dowry deaths, female infanticide and sex-selective abortions, child labour, honor killings, rape, sexual harassment, trafficking, forced for prostitution, and mConstitutionThe rights available to woman (ladies) in India can be classified into two categories, namely as constitutional rights and legal rights. The constitutional rights are those which are provided in the various provisions of the constitution. The legal rights, on the other hand, are those which are provided in the various laws (acts) of the Parliament and the State Legislatures.Constitutional Rights to Women:The rights and safeguards enshrined in the constitution for women in India are listed below:The state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)].The state is empowered to make any special provision for women. In other words, this provision enables the state to make affirmative discrimination in favour of women [Article 15(3)].No citizen shall be discriminated against or be ineligible for any employment or office under the state on the ground of sex [Article 16(2)].Traffic in human beings and forced labour are prohibited [Article 23(1)].The state to secure for men and women equally the right to an adequate means of livelihood [Article 39(a)].The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength [Article 39(e)].The state shall make provision for securing just and humane conditions of work and maternity relief [Article 42].It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-D(3)].One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)].One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)].The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide [Article 243-T(4)].Legal Rights to Women:The following various legislation’s contain several rights and safeguards for women:Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect women in India from all forms of domestic violence. It also covers women who have been/are in a relationship with the abuser and are subjected to violence of any kind—physical, sexual, mental, verbal or emotional.Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the purpose of prostitution as an organised means of living.Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of the commission of sati and its glorification on women.Dowry Prohibition Act (1961)prohibits the giving or taking of dowry at or before or any time after the marriage from women.Maternity Benefit Act (1961) regulates the employment of women in certain establishments for certain period before and after child-birth and provides for maternity benefit and certain other benefits.Medical Termination of Pregnancy Act (1971) provides for the termination of certain pregnancies by registered medical practitioners on humanitarian and medical grounds.Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide.Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers for same work or work of a similar nature. It also prevents discrimination on the ground of sex, against women in recruitment and service conditions.Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek the dissolution of her marriage.Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of Muslim women who have been divorced by or have obtained divorce from their husbands.Family Courts Act (1984) provides for the establishment of Family Courts for speedy settlement of family disputes.Indian Penal Code (1860) contains provisions to protect Indian women from dowry death, rape, kidnapping, cruelty and other offences.Code of Criminal Procedure (1973) has certain safeguards for women like obligation of a person to maintain his wife, arrest of woman by female police and so on.Indian Christian Marriage Act (1872)contain provisions relating to marriage and divorce among the Christian community.Legal Services Authorities Act (1987) provides for free legal services to Indian women.Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain specified grounds. It provided equal rights to Indian man and woman in respect of marriage and divorce.Hindu Succession Act (1956) recognizes the right of women to inherit parental property equally with men.Minimum Wages Act (1948) does not allow discrimination between male and female workers or different minimum wages for them.Mines Act (1952) and Factories Act (1948) prohibits the employment of women between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.The following other legislation’s also contain certain rights and safeguards for women:Employees’ State Insurance Act (1948)Plantation Labour Act (1951)Bonded Labour System (Abolition) Act (1976)Legal Practitioners (Women) Act (1923)Indian Succession Act (1925)Indian Divorce Act (1869)Parsi Marriage and Divorce Act (1936)Special Marriage Act (1954)Foreign Marriage Act (1969)Indian Evidence Act (1872)Hindu Adoptions and Maintenance Act (1956).National Commission for Women Act (1990) provided for the establishment of a National Commission for Women to study and monitor all matters relating to the constitutional and legal rights and safeguards of women.Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal). Act (2013) provides protection to women from sexual harassment at all workplaces both in public and private sector, whether organised or unorganized.Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies. In some places these rights are institutionalized or supported by law, local custom, and behavior, whereas in others they may be ignored or suppressed. Today, given the fact that the number of women in India far outnumbers the total population of many countries, one would expect the Indian woman to be a socially strong and empowered class. Despite the principles of gender equality being enshrined in our constitution and despite the state being empowered to adopt measures of positive discrimination in their favour, women of India continue to bear the brunt of societal discrimination.Women in ancient India enjoyed equal status and rights with men in all fields of life; they were educated; they married at a mature age and were probably free to choose their husbands. During the medieval period, the Indian woman’s position in the society deteriorated. During the British rule many reformers fought for the social and economic upliftment of the women. Traditions such as Sati, Jauhar and Devadasis were banned.Today, whether it is health, education, mortality rate or any other development parameter, women of India are on very weak footing. Despite efforts to raise the social status of women for more than a century, India still ranks 118 among 177 nations on gender equity.Although child marriage has been banned since 1860 and the Child Marriage Restraint Act was passed in 1929, it is still a common practice. According to UNICEF’s “State of World Children, 2009” report 47% of India’s women aged 20 to 24 were married before the prescribed legal age of 18 years, - 56% in rural areas. About 40% of world’s child marriages occur in India.Traffic [Prevention] Act was passed in 1956, yet cases of immoral trafficking of young girls and women have been increasing. In 1961, Government of India passed by Dowry Prohibition Act. Though all medical tests determining the sex of the child have been banned, India has a high masculine sex ratio. This is attributed to the female infanticide and sex selective abortions.The Indecent Representation of Women [Prohibition] Act was passed in 1987. However, several incidences of its violation do occur off and on. The protection of Women Domestic Violence Act [2005] came into force on October 26, 2006. Yet the incidence of domestic violence is higher in lower socio-economic classes.Reservation for Women in Election to Local Bodies.The Parliament has succeeded in its efforts to provide for reservation of seats for women in election to the Panchayat and the Municipalities. Reservations of Seats for women in Panchayat and Municipalities have been provided in Articles 243 D and 243 T of the Constitution of India. Part IX and IX A have been added to the Constitution by the 73rdand 74th Amendment Acts with Articles 243, 243 A to 243 D and Articles 243 P, 243 ZG. According to Article 243 D (3), “not less than one-third, (including the number of seats reserved for women belonging to the Schedule Castes and the Schedule Tribes) of the total number of seats to be filled up by direct election in every Panchayat, shall be reserved for women and such seats may be allotted by rotation to different constituenciesin a Panchayat, Article 243 T (3) of the constitution provides similar provisions for reservation of seats for women in direct election in every Municipality”. Therefore, reservation of 33% of seats for women candidates to hold office and perform all public functions at the Panchayat and Municipal level is within the constitutional http://mandate.As an extension the 73rd and 74th Amendment to the constitution, the Constitution (81stAmendment) Bill was introduced in the Parliament way back in 1996 to reserve one –third of seats for women in the Lok Sabha and the State Assembles. However, this bill not yet been brought in to shape due to political overturns.Conclusion.The issue of Gender Jusitce has been gaining ground in many area for some centuries. Though the traditional view fo gender injustice has been given quite a quietus and treating as an event of bygone days, yet the malady still remians, sometimes pouncing with ungenerous monstrosity giving a free play to the inferior endowments of anture in man thereby making the whole concept a ridicule anaesthetizing the entire endificebuilt in last few decades. It is realized that despite the constitutional safeguard and the active support towards the cause of women, changes in social attitdues and institutions cannot be broguht about very rapidly. Women upliftment is a big task ahead of us. It has multifarious dimension. The issues relating to women need to be addressed with exceptional sensitivity taking into consideration all the surrounding factors. Law, in this respect may prove to be useful and forceful instrument. By and large, the reasons of law have beenitive and constructive in this direction. The legal steps taken however are not sufficient. Much more needs to be done in this field. In addition to this, it could be said that law can do part of the task .It is evident from the above discussion that the Constitution of India contains various provisions relating to equality between men and women and there are certain cases where women have been given special importance. Along with that certain legal provisions for women have been enacted viz: the Factories Act, Maternity Benefit Act, Dowry Prohibition Act, Equal Remuneration Act, Child Marriage Restrain act, Medical Termination of Pregnancy Act, National Commission for Women Act, Protection of woman from domestic violence Act, Protection of women against sexual harassment at workplace etc. However, till date that women's rights are violated now and then. Sex violence and gender based violence are increasing at an alarming rate. The Verma Committee Report of Jan 23rd, 2013, gave a detailed over view of the crimes relating to women and suggested certain reforms. I personally believe that the increase in women-related violence is the direct result of the fact that differences between men and women are more highlighted lately and women are provided with certain temporary privileges. Equality should be brought back to a place where both men and women can embrace it and it needs to be re-claimed in a way that is inclusive of men. When violence against women is highlighted through media, violence against men should also be brought into account. It must be remembered that when women are expected to stay at home, protect the family and be good mothers; men are expected to go out and be bread-earners. If women are oppressed by the social idea of beauty, men are oppressed by the social idea of success. I believe that the present idea of equality is less dynamic in its approach and it must be re-claimed in a way to which even men can relate. Then only equality in the true sense of the term would be possible