The security of privileges of the two male and female is presently a reality since part III of the Constitution does (points out, reserves) out principal significance to the Fundamental Rights and opportunities. This was not something bizarre to anticipate from the drafters of the Constitution, who were locals and had similar blood. Henceforth, they could have overlooked the insurance of right and enthusiasm of the female population the least, particularly when the need was felt to develop another political society. The female Indian population was trying to build a new relationship at home as well as outside. But, did the drafters of the Constitution really desire to achieve Empowerment of woman? This question demands attention because the woman has not hitherto achieved much notwithstanding the Constitutional promise and guarantees assured
It creates the impression that the Indian female population basically legitimized tolerating the Constitution and the instrument drawn by the drafters of the Constitution as to Empowerment of woman. It is trusted that the makers of the Constitution were knowledgeable with the way of life and scriptural logic the nation was in, keeping in mind the social and cultural values at that time and framing the Indian Constitution was very necessary at that time. This problem can be dated back to Vedic times
Regardless of whether the drafters of the Constitution want to accomplish scientific balance is a different issue, still the sort of system they received give off an impression of being adequate to conquer the societal break ( breathing space ) against female population and in this manner, break the boundaries to achieve equal status regardless of the sex. This would guarantee that the female population also would appreciate equivalent access to law, education, and employment, which have been the hot topic and continue to remain so.
The plain reading of the Constitution’s suggesting of the fact that the Constitution does not only designs measures to weed out inequality otherwise rooted in the historical conditions but also provides for preventing the perpetuation of inequality so that it does not pass on from one generation to another in the form of legacy. ‘In order to achieve it, strategy has been formulated to fight discrimination at various levels so as to improve the whole lot of the people, in general’.
Is the Constitution truly outfitted to battle sex-based assurance? ‘ In this regard it is mentioned in the Constitution that, no state shall be discriminate any citizen on the basis of caste, race, religion or sex.’ The same may suffice to convey that desire of the drafters of the Constitution has been to fight the intrinsic or initial handicaps and other infirmities squarely rooted in biological self or historical inequality, shrouded in cultural conditions and legal jargons. ‘ But, is the same per se sufficient to bring about Woman Empowerment since, simply discouraging inequality on the basis of sex is an insufficient measure that could be relied upon to stop anyone Article 15(1) does not go beyond this as Article 15(2) and (3) lay more emphasis on fighting historical inequalities and social handicaps that tackling with the gender bias’. Hence, according to the above analysis plainly Article 15 of the Indian Constitution isn’t emphasizing on discrimination obviously based on sex just it additionally covers different types of separation based on caste and religion. Thus, it never makes any sort of restricting power for aversion of sex assurance tests or to avoid ‘Female Foeticide’ from the general public. It implies that drafters of the Constitution at the season of making it had no clue about future results of choice of sex for male or female child.
Conclusion – According to us (the authors ), the female population can definitely trust Article 14 as the same does not deny any person’s equality before the law or equal protection of the law within the territory of India which also covers Right to life of foetus in mother womb with equal protection of the law.