PolityGS2+ GS1

Women's protest rights and paternalistic state responses in Indian democracy

Indian Express·2026-08-09· Read original

"Women's protest rights and paternalistic state responses in Indian democracy"

Prelims Facts

  • •Article 15(3) empowers the State to make special provisions for women and children — the constitutional basis for gender-based affirmative action in India.
  • •Article 19(2) permits restrictions on free speech on grounds of sovereignty, security of the state, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, and incitement — not mere offensiveness of tone.
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Key Terms

Participatory Parity

Nancy Fraser's principle that social justice requires equal capacity to participate in public life, not merely formal legal equality.

Article 19(2)

Constitutional provision listing the grounds on which free speech may be restricted; does not include mere offensiveness or impolite tone.

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Study Note

BackgroundCore Concept

Background

The Indian Constitution establishes a formal architecture of gender equality that is among the most comprehensive in the world. Article 14 guarantees equality before the law; Article 15 prohibits discrimination on grounds of sex; and Article 15(3) specifically empowers the State to make special provisions for women and children, providing the constitutional basis for affirmative action. Article 19(1)(a) guarantees freedom of speech and expression to all citizens, subject only to the reasonable restrictions enumerated under Article 19(2) — which include sovereignty, public order, decency, and morality, but do not include the mere offensiveness of language or the gender of the speaker.

Despite this formal framework, the structural participation of women in Indian political life has remained limited. As the NCERT Democratic Politics textbook notes, women's representation in the Lok Sabha had barely crossed 14 per cent even by 2019, and their share in state assemblies has historically remained below 5 per cent. The 106th Constitutional Amendment Act (2023) — the Nari Shakti Vandan Adhiniyam — reserves one-third of seats in the Lok Sabha and state legislative assemblies for women, but this reservation becomes operative only after the next delimitation exercise, meaning its practical effect is deferred. The gap between constitutional aspiration and political reality is thus not merely statistical; it is also cultural, manifesting in how women's political expression is received, policed, and framed by both state actors and public discourse.

Historically, as the NCERT account of the nationalist movement illustrates, women's participation in public life has often been welcomed symbolically while their substantive authority within political organisations was curtailed. The Congress during the freedom movement was, as the textbook notes, "keen only on their symbolic presence" even as women took on significant roles in civil disobedience. This pattern — visible participation, invisible agency — has persisted into contemporary democratic politics.

The Topic Explained

The article under analysis identifies a specific and recurring phenomenon: the application of a double standard to women's political expression, whereby the same conduct — profane or aggressive language during protests — is normalised when performed by men but pathologised when performed by women. This is not merely a cultural observation; it has direct constitutional implications.

Article 19(1)(a) protects speech that is impolite, provocative, or even offensive, as long as it does not fall within the grounds specified under Article 19(2). The Supreme Court has consistently held that the right to protest is a fundamental right, and that the state cannot condition the exercise of that right on the manner of expression meeting a standard of civility set by those in power. The language of "forgiveness" extended by a state authority to protesters therefore mischaracterises the constitutional relationship: citizens do not require absolution for exercising a fundamental right. …

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Related PYQs

2024GS1 Prelims

Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam':

1.These provisions will come into effect from the 18th Lok Sabha.

2.After becoming an Act, this will be in force for 15 years.

3.It has provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes.

Which of the statements given above are correct?

A1, 2 and 3
B1 and 2 only
C2 and 3 only
D1 and 3 only
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Practice MCQs

Polityhard

With reference to the Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment, 2023), consider the following statements:

1.It reserves one-third of seats in the Lok Sabha and state legislative assemblies for women.

2.The reservation will come into effect from the first Lok Sabha constituted after the next delimitation exercise.

3.It does not provide for any sub-quota for women belonging to Scheduled Castes or Scheduled Tribes.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 only
D1, 2 and 3
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Politymedium

The Supreme Court's judgment in Shafin Jahan v. Asokan K.M. (2018) — the Hadiya case — is primarily significant because it held that:

AThe state has a duty to protect adult women from choices that may harm them, even if made voluntarily.
BThe right to choose one's partner, religion, and way of life is an intrinsic part of individual liberty under Article 21.
CHigh Courts have inherent jurisdiction to annul marriages that are contrary to public morality.
DArticle 25 (freedom of religion) overrides Article 21 (right to life and personal liberty) in matters of religious conversion.
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Polityhard

Assertion (A): Women's political expression in India is often subjected to a civility standard that is not applied equally to men's political expression.

Reason (R): Article 19(2) of the Constitution explicitly permits the state to restrict speech on grounds of gender-based decency norms.

Which of the following is correct?

ABoth A and R are true, and R is the correct explanation of A.
BBoth A and R are true, but R is NOT the correct explanation of A.
CA is true but R is false.
DA is false but R is true.
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Politymedium

Which of the following constitutional provisions, taken together, form the primary legal basis for challenging the application of a gendered double standard to women's political expression in India?

1.Article 14 (equality before law)

2.Article 15 (prohibition of discrimination on grounds of sex)

3.Article 19(1)(a) (freedom of speech and expression)

4.Article 32 (right to constitutional remedies)

Select the correct answer using the codes below:

A1 and 2 only
B1, 2 and 3 only
C2, 3 and 4 only
D1, 2, 3 and 4
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