Discrimination Against Women Essay

INTRODUCTION

India has a long history of pervasive discrimination against women. Women were denied the right to vote, until 1950 when the Constitution was enacted. In India, Women embody 9% of the Indian Parliament and are considerably more under-represented in the state governing bodies. The first woman was appointed to the Supreme Court of India was over forty years of Independence, and typically only one of the twenty-six Justices are female.

GENDER DISCRIMINATION CLAIMS IN THE SUPREME COURT OF INDIA

The Indian Supreme Court's understanding of the different equality insurances found in the Constitution has been uneven, exchanging in the middle of formal and substantive equality, with an extensive attention on protectionism. Before

The Indian Supreme Court has held that the force presented by Article 15(3) is "sufficiently wide to cover the whole scope of State action, including occupation under the State."' Thus, in Government of Andhra Pradesh v. Viayakumar,"' the Court maintained a governmental policy regarding minorities in society and reservation of occupations for women openly work, noting that " critical appendage of this idea of sex correspondence is creating openings for work for women." The Indian Supreme Court's consistency in upholding reservations for women is a strong indication of its willingness to embrace substantive equality. The Court's validation of "protective discrimination" recognizes that equality will not be achieved without redressing the current effects of centuries of discrimination.

B. Decisions Involving Statutory Interpretation and lnterpretation of Personal