Right of women in Jammu and Kashmir

Jammu and Kashmir

Section 22 of the Constitution of J & K is taken note of:–

Right of women.– The State shall endeavour to secure to all women–

(a) The right to equal pay for equal work;

(b) The right to maternity benefits as well as adequate medical care in all employments;

(c) The right to reasonable maintenance, extending to cases of married women who have been divorced or abandoned;

(d) The right to full equality in all social, educational, political and legal matters;

(e) Special protection against discourtesy, defamation, hooliganism and other forms of misconduct.

15. This section provides certain protections to the woman of the State. It is the duty of the State to fulfill the aforementioned constitutional mandate and ensure that these benefits and protections provided under Sec. 22 are effectively provided to women of the State. The Constitution of India does not lack behind and this document of vision does provide for affording protection to the people of the country. The Constitution which is given by the people to themselves, has to be, like human life, a living document. The Constitution makers were people of great vision and made earnest efforts to fathom every aspect of human life and provided securities and protections therein. Since human life many a times spring surprises and the human conduct and behaviour being unpredictable, unforeseen future happenings could not thus be adequately dealt with in the Constitution. The rights which are determined by the Constitution and Statute, and protections which are made available to the people of country find their expression in the said documents. They are eloquent and clear in their tune and tenor. As already stated all the future happenings could not be visualized and express provisions made for them. The human rights were determined and consequently expressed in Constitution. Beneath the surface, unforeseen rights, are born from the bossom of ‘express constitutional rights’ which may be termed as “Implied Constitutional Rights”. The implied rights of which the Constitution is source have to be culled out there-from by judicial engineering. The “implied constitutional rights” would be, thus, those which would synchronize with the express rights guaranteed by the Constitution.

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