Economic and social rights of women in India: a critique

Abstract

In Indian Jurisprudence both Distributive and Corrective Justice Models are incorporated. The constitution of India in its Preamble itself, indicates the Justice for all, in all walks of life; whether social, political or economic. Further, the Fundamental Rights and Directive Principles ensure that the distribution of materials is equal and judicious. Similarly, in order to eliminate the effects of exploitation of certain classes in the past, several principles in Art 15,16,17,18 have also been incorporated in Indian constitution. As a result of these provisions many classes have been advantaged and the Corrective Justice model has done great job for these classes. But certain classes especially women could not get the benefit of this model in its true sense. We hear hundreds of schemes and legislations in pursuance of women empowerment. But as per Data of NCRB so many Rape cases, Dowry deaths, incidents of Domestic violence have been committed in past years. Inequality for women remains a major barrier to human development throughout Asia, the 2010 Report shows.2 So the paper is divided into four parts. First part examines the effect of constitutional scheme and policies in pursuance of Corrective Justice Model in context of women. In the second part of the paper, the deficiencies of this model are tried to be explored. In Third part of the paper the improvements in recent years is analysed. The last part of the paper talks about the way ahead or the suggestions for improvements are made with a discussion at the end