The Constitution of India
The Constitution is the basic document that governs our rights and determines the structure in which we govern. B.R. Ambedkar is called the father of the Indian Constitution because he chaired the Constituent Assembly and played an important role in including individual and political rights vis-à-vis the state as well as grouped / socio-cultural rights of the marginalized section, giving a special section to women rights, child rights and many others.
Our constitution is the largest and most detailed in the world. It reflects the democratic arrangement of the government.
The introduction is the soul of the Constitution. It includes the purpose, objectives and policies of fundamental provisions of the Constitution. Keywords include the sovereign, socialist, secular, democratic, republican and justice, equal and fraternal.
The Constitution contains a set of basic principles that govern our people. Any law passed by the government must abide by the Constitution. It specifies the national rights and duties of citizens.
Principles of state policy and a universal franchise for adults are two important parts of the Constitution.
The Constitution creates controls through the separation of powers and the power of judicial control. It establishes a combination of federal and uniform government styles. It is responsible for an independent judiciary and electoral machinery.
The Constitution provides citizens with individual citizens. Emergency supplies are arranged for emergencies.
What is the difference between fundamental rights and guiding principles?
If a fundamental right is violated, an affected citizen or others in the public interest can go to a higher court and dismiss it. The principles of the directive are not binding on the state, but these principles must be reflected in all state policies.
But if it is violated, there is no right to go to court and stop it.
What are the key provisions that protect women’s dignity?
Article 21, which deals with the right to life, has been extended to include the right to life with dignity. This provision is used to protect women’s rights, such as the right to divorce, to live a life free from violence and the right to safe abortions.
Article 51a of the Constitution contains fundamental obligations for all citizens. It stipulates that all citizens have a duty to promote harmony and to renounce practices that diminish the dignity of women.
Formal equality and material equality One of the most important pillars of the Indian Constitution is the principle of equality. Article 14 guarantees equality of law and equal protection of the law for all its citizens.
Article 15, paragraph 1, and Article 16, para. 2, further extends this principle and prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.
This ensures that there is no discrimination between men and women, upper castes and lower castes, rich and poor, and all will be treated before the law as equal and will receive equal protection against the law.
Therefore, if any law is passed or any action is taken to prevent women from starting employment in government or public sector, such law or action of the concerned Authority may be rejected by the Supreme Court or Supreme Court, as To be against the Constitutional provisions.
Similarly, paying women to lower wages To do the same job even when they are qualified for it, is discriminatory and Against the Constitutional guarantee of equality.
Similarly, not hiring Dalits or Muslims in certain categories of government jobs would also mean Discrimination.
But most important in the equality plan are Articles 15 (3) (4) and 16 (3) (4), which help to strengthen the concept of equality, allowing the state to make special provisions to ensure the rights of the marginalized sections ( women, children, plan castes and plan tribes) to help them overcome the discrimination they have suffered for many centuries and to help them Become equal to others. This is called “positive discrimination”.
This has helped the state enact special laws for women and children such as the Provisions on the care of women and children, protection against domestic and sexual violence, the Maternal Benefits Act, special protection for women under all labour laws, special law to prevent sexual harassment at work, or reserves For women, planned castes or planned tribes for jobs and in elected bodies.
Similarly, a law to prevent atrocities against planned castes and planned tribes does not violate the provision of equality, as it aims to give additional protection to certain backward sections. These are all useful legislation aimed at improving the status of marginalized people.
Rights in Marriage
In India, after marriage, women leave their parents and live in the home provided by the husband or his family members. This home is called her Marital Home.
In fact, it is traditionally believed that after marriage a woman has rights only in her husband’s home and not in her parents’ home, although legally The position is now changed and today women have a right of residence in both Parents as well married home.
The marriage contract creates a legal duty to the husband and his family members to provide shelter and care to the wife. In our society, a woman is perceived as a domestic creator, in addition to all the other roles she may have to play.
So while women have the burden of managing the house, cooking for the Family, raising the children and caring for the sick, their chances of earning an Adequate income to support themselves or even the opportunities to keep their pre-marital jobs are limited.
That is why when economic support is withdrawn due to marital conflict, most women become impoverished. The situation becomes sad when they have the added burden of caring for their children. Women’s Right to Shelter and Care is located within this conceptual framework.
There are various legal provisions that aim to protect the rights of the wife in her husband’s home and ensure that she can live there with dignity and Security. The husband and his family cannot deprive her of these rights.
They cannot bully a wife for dowry and cause violence to her. If a situation of domestic or sexual violence arises, the spouse may use legal remedies under criminal and civil laws. The wife is also entitled to request a divorce and prohibit marriage.
She is also allowed to look after her children.
If a woman works, can she still claim maintenance?
Even if a woman works, she can claim maintenance if her husband’s income is Below more than her income and she is not able to support herself or her Children with that income.
If the spouses earn the same amount, she cannot demand maintenance from him. But in such a situation, women may require Care for their children.
Can a woman who lives with her husband require maintenance?
Yes, if her husband does not provide her maintenance while she lives in the same house with him, she is entitled to claim maintenance.
Can women claim maintenance during a divorce?
Yes. If a woman requests a divorce, in the same application, she can also claim temporary and permanent support for herself and her children. Along with this, she also needs to make a separate request for interim care which can be taken in the initial stage and decided, so she will start some care while her divorce petition is pending in the court.
If her husband has applied for a divorce as soon as she has received the papers, she can Immediately file a request for temporary care, which will be heard and Decided first as a preparatory matter.
Is a woman entitled to claim maintenance after her divorce?
Yes. Even after a divorce, if she has not received a full sum as alimony, which is appropriate to pay her expenses, she can claim maintenance of her husband until she remarries.
If during a lawsuit, the husband agrees to take back the wife, will she still be allowed to support herself?
Usually, to prevent a custody order against him, the Husband can volunteer to pick up the wife or can even file lawsuits about “restitution of marital rights”.
If a woman is inclined to reconcile with her husband, She may accept this offer, but if there is a history of violence, then she must be careful before accepting it because after being ordered to reject the petition Since the parties have reconciled, it will be difficult to the woman Start the trial again because she would be thought to have forgiven (or forgave) her husband for his previous acts of cruelty.
Therefore, it is advisable to condition certain conditions or even keep the trial pending in court for a few months, to ensure that the husband is sincere in his Offer of Reconciliation and does not do so only to avoid payment of maintenance Before the earlier petition is withdrawn.
What is the criterion for deciding the amount of care?
The amount of money given must be sufficient to meet the regular household expenses, children’s educational, medical, recreational expenses, to pay the rent of the dwelling house, and so on. Here we also consider the standard of living to which a person is accustomed.
For example, if the husband is very rich and the wife is accustomed to that lifestyle, she will receive a higher sum than a man who earns a modest income where the wife is accustomed to a modest life. It is therefore important to collect testimonials to Prove the husband’s lifestyle and income such as type of house, area of the house, type of car or two wheels, details of the property, trips to foreign countries etc.
The exact amount is decided according to the income of the husband and the needs of the Wife and children.
