Oneof the limitations of the Constitution of India is that it does notadequately attend to gender justice. What evidence can you give tosubstantiate this charge? If you were writing the Constitution today,what provisions would you recommend for remedying this limitation?

Anyanswer supported with argument or explanation would solve thepurpose. It is strongly recommended that you prepare thesolution on your own. However, one sample solution has beenprovided for your reference:

Itis true that there are inadequate provisions for gender justice inthe Constitution. Though it is a fundamental right of every citizento be treated equally but there is no specification of the basis ofgender but specification is made on religion, caste and class.

Citizenscannot be exploited or discriminated on the basis of their caste,class, language and religion but there is no mention of gender.Respect for women has been confined to the directive principles andwomen’s rights are not specified so that they can beinterpreted and defended by the judiciary. The status of women withinfamily has also been ignored in the Constitution. Thus, it makes nospecial privileges for almost half of the population while there areprovisions for affirmative action for other socially backward groupsand minorities.

Provisionsfor women

- Freedom of conscience and profession irrespective of the gender ofthe citizen

- Right to liberty and personal freedoms specially speech andexpression irrespective of the gender of the citizen

- Move freely and safely throughout the territory of India

- Right to life and liberty

- Minimum age of marriage- 21 years for both males and females

- Making education is must for girl child

- Curbing practices like female infanticide and foeticide with harshpunishment for either

- Protection from domestic violence

- Protection from any kind of sexual harassment

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