Women and the Constitution: Reconciling Equality and Protective Discrimination in India

Abstract The Indian Constitution presents a distinctive framework that simultaneously guarantees equality before the law (Article 14) and permits special provisions for women (Article 15(3)). This duality often appears paradoxical, raising critical questions about whether protective discrimination strengthens empowerment or reinforces dependency. This article explores the constitutional, judicial, and sociological dimensions of this balance. By analyzing landmark Supreme Court judgments such as Vishaka v. State of Rajasthan, Anuj Garg v. Hotel Association of India, and Sabarimala, along with feminist theories of liberal, radical, and intersectional perspectives, the study demonstrates that protective discrimination is not antithetical to equality but rather an enabling mechanism for achieving substantive justice. It argues that true empowerment lies in transforming protective provisions from paternalistic safeguards into capability-enhancing instruments that dismantle systemic barriers. The article concludes that reconciling equality and protective discrimination requires a constitutional morality that prioritizes women’s agency, dignity, and participation as equal citizens. Keyword-Constitution, Article, Women, Equality, Protective, Dulality