What are the Special Right For Women and Linguistic Minorities as per Indian Constitution

        India has adopted the guiding principles of international law and has brought forth within its Constitution, the fundamental rights and duties governing society. It has adopted a twofold structure of fundamental rights of citizens in general and women in specific.

        

        The Constitution under Article 15(3) provides for affirmative action in their favour. The right to life placed under Article 21 of the Constitution, constitutes a superstructure meant to protect, directly or indirectly any negation of the right to life. Few other constitutional provisions are:

Special Rights For Women:

• Equality before law for women (Article 14).

• The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15(1)). 

• Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16).

•  The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39(a)).

• Equal pay for both men and women (Article 39(d)).

•  To promote justice, on the basis of equal opportunity and to provide free legal aid by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39A).

•  The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42).

• The State to promote with special care the educational and economic interest of the weaker sections of the society and to protect them from social injustice and all forms of exploitation (Article 46).

• The State to raise the level of nutrition and the standard of living of its people (Article 47).

• To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A)(e))

• Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Caste and Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D (3)).

• Not less than one-third of the total number of offices of chairpersons in the Panchayats to be reserved for women (Article 243D (4)).

• Not less than one-third (including the number of seats reserved for women belonging to Scheduled Caste and Scheduled Tribes) of the total number of seats to be filled by direct election in every municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a municipality (Article 243 T (3)).

• Reservation of offices of chairpersons in municipalities for the scheduled caste, scheduled tribes and women in such a manner as the legislature of the State may by law provide (Article 243 T (4)).

Special Rights For Linguistic Minorities:

        Part III of the constitution, which deals with the Fundamental Rights is divided into two parts: first, the rights which can be placed in the ‘common domain’ and second, those which can be demarcated under the ‘separate domain’. 

        Minority rights, which can be placed in the category of ‘Separate Domain’ are:

• Article 29(1): Right of any section of the citizens to conserve its distinct language, script or culture.

• Article 29(2): Restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, on grounds only of religion, race, caste, language or any of them;

• Article 30(1): Right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;

• Article 30(2): Freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;

• Article 347: Special provision relating to the language spoken by a section of the population of any State;

• Article 350A: Provision for facilities for instruction in mother-tongue at primary stage;

• Article 350B: Provision for a Special Officer for Linguistic Minorities and his duties; and

• Article 25: Sikh community’s right of ‘wearing and carrying of kirpans’.