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Revisiting the Basics

Lawful Provisions for Women, Children, Aged and Physically handicapped in Constitution of India


WOMEN

Constitutional provisions for Women

Art. 15(3) It permits the state to make special provisions for women and children. Several acts such as Dowry Prevention Act have been passed including the most recent one of Protection of women from domestic violence Act 2005.
Art. 23 Under the fundamental right against exploitation, flesh trade has been banned.
Art. 39 Guarantees equal pay to women for equal work. In the case of Randhir Singh vs Union of India, SC held that the concept of equal pay for equal work is indeed a constitutional goal and is capable of being enforced through constitutional remedies under Art. 32.
Art. 40 Provides 1/3 reservation in panchayat.
Art. 42 Offers free pregnancy care and delivery.
Art. 44 It compels the state to implement unchanging civil code, which will help progress the condition of women across all religions. It has, however, not been implemented due to politics. In the case of Sarla Mudgal vs Union of India, SC has held that in Indian Republic there is to be only one nation i.e. Indian nation and no community could claim to be a separate entity on the basis of religion. There is a plan to provide reservation to women in parliament as well.

 

Statutory Provisions for Women

Dowry Prevention Act
Protection of women from domestic violence Act 2005
National Commission for Women, New Delhi, India

 

Schemes for Women

UDAAN (Giving Wings to Girl Students)
Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA)
Family Planning
Beti Bachao Beti Padhao
The Mahila Police Volunteer initiative
Sukanya samriddhi yojana
Dhanalakshmi Scheme
One Stop centre scheme
Mahila Kisan Sashaktikaran Pariyojana
Trade Related Entrepreneurship Assistance and Development (TREAD)Scheme
Stanapan Suraksha Scheme
Sabla Saksham
Mahila E-Haat
Swadhar Greh
National Social Assistance Programme
New schemes under Nirbhaya Fund

 

CHILDREN

Constitutional Provisions for Children

Art. 19 A Education up to 14 yrs has been made a fundamental right. Thus, the state is required to provide school education to children.
Art. 24 Children have a fundamental right against exploitation and it is prohibited to employ children below 14 years of age in factories and any hazardous processes. Recently the list of hazardous processes has been updated to include domestic, hotel, and restaurant work.
Art. 45 Urges the state to provide early childhood care and education for children up to 6 years of age.

 

Statutory Provisions for Children

National Commission for Protection of Child Rights
Shala Asmita Yojana (SAY)
SWAYAM – Study Webs of Active-Learning for Young Aspiring Minds
Swachh Swasth Sarvatra
National Deworming Day (NDD)
Pre-Matric Scholarship Scheme
Pocso-e Box
ICDS
Pradhan Mantri Kaushal Vikas Yojana (PMKVY)
PradhanMantri Yuva Yojana
National Apprenticeship Promotion Scheme (NAPS)
Pravasi Kaushal Vikas Yojana (PKVY)
UDAAN
Hunar se rozgar tak
Pradhan Mantri Vidya Lakshmi Karyakram
National Academic Repository
SAMVAY: Skill Assessment Matrix for vocational Advancement of Youth
Rashtriya Bal Swasthya Karyakram
YUVA programme

Schemes for children

OLD AGE

Constitutional Provisions for Aged

Entry 24 in List III of Schedule IV Welfare of Labour, including conditions of work, provident funds, liability for workmen’s compensations, invalidity and Old age pension and maternity benefits.
Item No. 9 of the State List and Item No. 20, 23 and 24 of the Concurrent List Relates to old age pension, social security and social insurance, and economic and social planning.
Article 41 of the Directive Principle of the State Policy The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of undeserved want.

 

Statutory Provisions for Old Age

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

 

Schemes for Aged

Longitudinal Ageing Study in India (LASI)
Rashtriya Vayoshree Yojana
Varishtha Pension Bima Yojana
Mahatma Gandhi Pravasi Suraksha Yojana
Pradhan Mantri Vaya Vandana Yojana

PHYSICALLY HANDICAPPED

Statutory Provisions for the physically handicapped

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999
Rehabilitation Council of India Act, 1992
Deen Dayal Upadhyaya Institute of Physically Handicapped, New Delhi
National Institute for the Orthopedically Handicapped, Kolkata
National Institute of Visually Handicapped, Dehradun
National Institute of Mentally Handicapped, Secunderabad
Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai
National Institute of Rehabilitation Training and Research, Cuttack
National Institute for the Empowerment of Persons with Multiple Disabilities, Chennai
Swami Vivekanand National Institute of Rehabilitation, Training & Research (SVNIRTAR), Orissa
The Indian Sign Language Research and Training Centre, New Delhi
The National Handicapped Finance and Development Corporation
Artificial Limbs Manufacturing Corporation, Kanpur
The Rehabilitation Council of India
The Chief Commissioner for Persons with Disabilities
The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
Schemes for Disabled
Badhte Kadam

 

For detailed information on Welfare Schemes, follow the link- Govt. Schemes and Policies

Questions, suggestions and comments


  1. Salman Hyder

    There is a little correction in the children related constitutional article. The article which speaks of compulsory education is Article 21A.

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