TARA AGRAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Throughout history, women have played a vital role in nation-building, yet they have often faced barriers to equal participation in socio-economic activities. Gender bias has impacted many aspects of their lives. To address this, the Constitution of India takes significant steps to ensure gender justice as a fundamental principle. The Preamble promises justice-social, economic, and political-along with equality of status and opportunity, and fraternity that upholds individual dignity. It explicitly recognizes women as a distinct group and prohibits all forms of discrimination against them, paving the way for equal opportunities in education, employment, and advancement.

(2.) Article 14 under Constitution of India, guarantees the Right to Equality for Women, while Article 15(1) specifically prohibits discrimination based on sex. Furthermore, Article 15(3) allows for positive and affirmative action to benefit women. Article 16 ensures equal opportunities in public employment and forbids discrimination on grounds including sex. Our obligation to reject practices that undermine women's dignity is elevated to a fundamental duty under Article 51-A. The Directive Principles of State Policy, found in Part IV of the Constitution of India, direct the state to protect women human rights, including equal pay for equal work, health rights, and maternity benefits. The 73rd and 74th Constitutional Amendments Act, enacted in the year 1993, marked a significant advancement in women participation in governance by providing for 33% reservation for women at various levels.

(3.) The 20th century has seen a global rise in women empowerment movements. The Universal Declaration of Human Rights, established in 1948, reaffirms the belief in the fundamental rights and equal dignity of all individuals, emphasizing freedom without any form of discrimination, including based on sex.