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Office No. 1403, Mayuresh Chambers,Navi Mumbai

INDIAN LEGAL SYSTEM AND ITS PROVISIONS FOR WOMEN INDIA AND ABROAD

The changes that happen in our society are inevitable and cannot be escaped by anyone as the social situations does not remain stable always. The changes reflected in the Judiciary or legal system shows how reliable the change has been.

Women facing legal crisis and suffering jail term

The changes that happen in our society are inevitable and cannot be escaped by anyone as the social situations does not remain stable always. The changes reflected in the Judiciary or legal system shows how reliable the change has been. The Constitution of India has included the equality in gender and it also aims to empower the women by influencing the state to use ideas and measures to promote empowerment of women. This is done to bring to neutral the social, economical and political defects or drawbacks faced by the women of India. The fundamental rights are one such provisions which ensures equality for both men and women. The constitution ensures that no female is discriminated on any basis and they are given equal importance in all fields. These rights will also be given to any women who is a non – resident also. Adv. Bindu Dubey is one of the best overseas lawyer who specialises with non – resident of India clients as well. She will aid the clients with respect to their issues if it has occurred inside India or abroad and will place arguments and give counsel to the clients respectively.

As a whole the constitution of India forbids and makes it illegal for discrimination based on caste, creed, race, religion and gender. Gender here plays a very important role. Articles 15, 14, 15(3), 16, 39(a), 39(c) and 42 of the Indian constitution shows exceptional and unique significance in this aspect. Other Provisions that have been laid down for women are,

PREAMBLE OF THE INDIAN CONSTITUTION:

With respect to the preamble of the constitution women are given equal rights as men which will allow them to have the power to be included in the administration of our nation.

LAW AND EQUALITY:

Article 14 of the Indian Constitution incorporates and manifests the main theme of equality before the law and this applies for everyone irrespective of the Gender. It states “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Article 15(1) and Article 15(2) forbids the state from discriminating any citizen based on caste, creed, race, religion, gender, place of birth etc. Article 15(3) of the constitution of India allows the state to have special provisions for preserving the interest of children and women. Article 15(4) mandates the state to make unique and special provisions for the educationally and socially backward classes of the Indian society.

OPPORTUNITIES AND EQUALITY:

Article 16 of the constitution mentions the equality in opportunity for everyone with respect to employment. Article 39 mentions how women and men both will have equal rights with respect to having a basic livelihood and they should be given equal pay. Pay should be one the concept of Equal Pay for equal work. This has been mentioned under Article 39(d). Article 39A mentions the state to advocate and foster justice. This will be done on the basis of providing equal opportunities for men and women and also by promoting legal aid for securing justice and it should not be contradicted to any one because of their economic background.

WORKING CONDITIONS:

Article 42 of the Constitution of India orders the state and central government to create provisions for women with respect to ensuring justice and civilized conditions for work.

RESERVATIONS FOR WOMEN UNDER CONSTITUTION:

Article 243(D) and Article 243(T) of the Constitution of India provides for the reservation for women to contest in panchayats and municipal elections. Article 243 D(4) states how not lesser than one by third of the total seats will be allocated for women in the panchayat and municipal levels.

VOTING RIGHTS FOR WOMEN:
It has been mentioned that not lesser than one by third of the seats are to be reserved for women and this will be allocated in rotation with respect to different constituencies in the panchayat. The chairperson office in the panchayat level is reserved for the scheduled caste or scheduled tribe women.

The NATIONAL COMMISSION FOR WOMEN has been given the authority and power to control and look into all the marriages at the National levels and issues with respect to Non – residents of India marriages via the ministry of overseas Indian Affairs. Marriage is a very complex situation and it becomes extra complex when it goes out if the country as hence goes beyond the boundaries of one nation’s legal system. This is known as NRI marriages where either one of the spouses will be from a foreign nation. These official marriages will enter the concept of private international law which looks into the issues that arise between nations. In this context NRI is Indian women from India and an Indian man from abroad. Many times, women are denied proper justice as it is deemed that they are married with respect to international law and not the traditional Indian norms. The NRI cell makes sure that women get the proper justice they deserve with respect to NRI marriages. They will conduct and coordinate all processes and complaints with respect to Indian women who are deserted by their husbands living abroad. They will provide the maximum support and assistance for conciliation and mediation processes. They will arrange for all the coordination between the embassies, human rights committee, the ministries etc. The NRI cell also will provide assistance to the government with respect to matters of NRI marriages. They will aim to establish NGOs both in India and abroad for helping stranded wives and keep checks. The NRI cell will also amend and regulate its own laws and rules with respect to the empowerment of Women. On the whole the main aim of the NRI cell is to protect, help, aid all the women who have husbands abroad and want a divorce or are not able to contact their husbands.

In spite of all the various laws, Acts, Provisions and other things still the protection for women seems like a distant process with complex works. It looks perfect on paper and is not very practical in reality. It can be seen how complex it is for a woman to maintain their freedom and dignity. Learned advocates such as Adv. Bindu Dubey will aid the victims who had done NRI marriages from their helpless marriage situations. She is one of the finest NRI lawyer in Mumbai. She will aid the client and bring them out of this tough situation by handling all the court and paper work as well.

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