Women’s Rights and Constitutional Equality: A Comparative Analysis of India and the United States
Abstract
The discussion of women’s rights forms an integral part of constitutional equality, particularly in relation to the right to an abortion and pay disparity. This blog discusses these issues from the historic Dobbs v. Jackson Women’s Health Organization case that was heard by the U.S. Supreme Court and Articles 14, 19, and 21 of the Indian Constitution. It may be easier to understand the challenges and implications for women’s rights in both countries if we look at their legal systems.
Understanding Constitutional Provisions in India
Article 14: Right to Equality
Article 14 of the Indian Constitution has the rule of equality before the law for everyone. This is the foundational provision in the fight against gender discrimination, providing women equal access to legal protections. This means discrimination on the basis of sex; thus, women can contest policies and procedures that treat them unfairly.
Article 19: Right to Freedom
Article 19 guarantees numerous liberties necessary for personal liberty. These include the following.
Article 19 provides various freedoms essential to individual autonomy. These include the following:
Freedom of speech and expression
Freedom to assemble peacefully
Freedom to practice any profession
Women are thereby enabled by these rights to voice opposition and fight for the provision of abortion services and other reproductive rights. For women rights, this capacity is therefore quite essential to voice opposition or dissent over repressive legislation.
Article 21: Right to Life and Personal Liberty
The Indian judiciary has interpreted Article 21’s safeguarding of life and personal liberty to cover a woman’s right of autonomy over her body. That view focuses on the idea that there is a certain erosion of personal autonomy and dignity in the inability to make such choices with respect to reproducing one’s self that makes the interpretation especially important in discourse around abortion.
The Wage Gap in India
Despite such safeguards under the constitution, women in India still bring far less compared to their male counterparts. Articles 39(a) and 39(c) of the Directive Principles of State Policy further the principles of fair remuneration for equal work and an adequate standard of living. Still, such difference is maintained through structural issues involving cultural values, lack of access to quality education, and job selection bias. The coming together of the articles with Articles 14, 19, and 21 throws open the challenge of comprehensive remedial efforts to be undertaken in overcoming economic disparity.
Legal framework to overcome the wage gap
The important legislative frameworks designed to tackle the pay gap include the Lilly Ledbetter Fair Pay Act of 2009, Title VII of the Civil Rights Act of 1964, and the Equal Pay Act of 1963. These rules outlaw sex-based discrimination and thus ensure that equal remuneration is made between men and women for similar work. However, research has shown that the pay gap disproportionately affects women, especially women of colour, which is a reality today. Occupational segregation, education and experience disparities, and discrimination in recruiting and promotion procedures are some of the several reasons for the pay gap. Constitutional Implications of the Wage Gap
Some of the lawsuits have challenged disparate pay through the Equal treatment Clause of the 14th Amendment, arguing that this kind of discriminatory pay violates the constitutional right of women to equal treatment under the law.
While most courts have ruled that sex-based discrimination is indeed illegal, the wage disparity still exists, pointing to the failure in enforcement as well as cultural prejudices sustaining gender inequality. The pay gap also raises a question about the value of women’s labour in the workplace. Even though there are legislations that support gender equality in the workplace, many women continue to face systematic pay disparity, especially in low-wage, caregiving, and service industries. Intersectionality and the Wage Gap The pay gap is both a racial and gender issue. The wage gap is much more pronounced for women of colour, particularly Black, Hispanic, and Indigenous women, when compared to their white peers. Dobbs v. Jackson Women’s Health Organization illustrates the need for a broader approach to closing pay gaps through intersectionality: the interaction of race and gender creates multiplying disadvantage.
In Dobbs v. Jackson Women’s Health Organization, the U.S.
Supreme Court made history in June 2022 by issuing a landmark ruling that significantly altered the country’ abortion rights laws. At the centre of the case was the Gestational Age Act of Mississippi, which banned most abortions after 15 weeks of pregnancy. The Court overruled nearly five decades of precedent established by Planned Parenthood v. Casey (1992) and Roe v. Wade (1973), which had recognized a constitutional right to an abortion prior to fetal viability. Under the majority opinion, states still retain the power to govern abortion statutes because the Constitution does not confer a right to abortion.
Consequences of the Ruling The implications of the decision are broad:
• State Regulation: Without federal oversight, states can now set extremely restrictive limits or outright bans on abortion.
• Impact on Women: Poor women and women of color, who lack access to health care, are part of the most vulnerable populations that the decision hurts.
• International Impact: The decision has been widely criticized worldwide for infringing human rights standards and reversing the rights of women.
Challenges Ahead Women’s rights are taking their steps forward in India and the US with lot of difficulty:
-
Legal Reforms:
Salaries need to be equated, and gender equality enhanced with the strict implementation of present laws in India.
- Access to Health Care:
Regarding women’s health in the United States, such rights are preserved only if one ensures that the women have post-Dobbs access to healthcare.
- Social Awareness:
Both countries must strive to alter cultural orientations that foster discrimination against females.
Conclusion
The nexus of economic inequality, the right to abortion, and equal constitutional provisions makes a push for women’s rights not only complex but more delicate in India and in America. While constitutional provision bases equality, political setbacks or cultural norms often ensure that there cannot be real-world actuality in terms of expectations, constant activism and change have shown to be necessary even through continuous fight for the ladies’ rights in both these lands. The only way we would someday have a future where women’s rights are respected in all walks of life is through learning from each situation as we negotiate these difficulties.
Author: Harsh Jain, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing
References
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2348396#:~:text=Not%20surprisingly%2C%20the%20Constitutions%20of,designation%20of%20the%20intended%20beneficiaries
- https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?params=/context/gjicl/article/1227/&path_info=30_34GaJIntl_CompL557_2005_2006_.pdf
- https://blog.ipleaders.in/sex-laws-inequality-comparison-india-u-s/
- https://www.ijlmh.com/wp-content/uploads/2019/06/Fundamental-right-Right-to-Equality-%E2%80%93-Comparison-and-Contrast-Between-the-Constitutions-of-the-United-States-of-America-and-India.pdf
- https://www.cambridge.org/core/books/abs/constituting-equality/introduction-comparative-constitutional-law-gender-equality-and-constitutional-design/16F9E624EA18C027749159786203E46B