Right to Equality with Respect to Married Women Essay

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RIGHT TO EQUALITTY WITH REFERENCE TO MARRIED WOMEN By- Aditya Tiwari, Chitrartha Gupta ABSTRACT In spite of the constitutional protections, fundamental rights in the form of right to equality and equality before law preserved in articles 14 and 15, gender discrimination and discrimination within the same gender are still continuing in religion –based family laws. Within the realm of the relation of husband and wife, father and mother, married women living with husband or married women living separately from husband, there is a lot of discrimination especially in the sphere of custody, guardianship and adoption. Despite the various recommendations made by the committees, legislation passed by the legislature’s conventions and declarations adopted at international level, sometimes judiciary failed to interpret the constitution –promised fundamentals rights to the women only on the ground of “personal laws”. This paper discusses some of those issues with reference to the judgments pronounced in 2007 to 2013 and the amendment passed in the year 2010. equality has to be laid down not only between gender but also within the same gender ; then only women empowerment would be possible and the purpose of making international conventions on women right would be achieved. Introduction: Law as in instrument of social change aims at achieving equilibrium by orderly regulation of social relationship removing social irritants manifested by objectionable, unjustifiable, indiscriminate inequalities and positively providing for the welfare and security of its subjects. The quality of any polity is estimable by gauzing the speed and frequency at which rational reformative changes are brought in the statues of women through law. Basic fundamental rights provided under the Indian constitution i.e., Article 14 (equality before law and equal protection of law) and special

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