The constitution as a contested terrain: rights of women in a majoritarian state

Sabhapandit, Swarati (2025) The constitution as a contested terrain: rights of women in a majoritarian state. Economic & Political Weekly, 60 (31). ISSN 0012-9976

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Abstract

Constitutionally guided liberal democracies are governed through a set of institutional arrangements. Among these institutions, constitutional courts are specifically responsible for protecting the rights and liberties of the individuals granted to them by the Constitution. However, it is frequently observed that these institutional arrangements collide with existent social structures like class, caste, religion. This collision results in the loss of an individual's agency and women are primarily at the receiving end of such deprivation. The State and its institutions have routinely adopted a majoritarian approach while recognising the constitutional rights of women in India. Contestation for these rights become prominent especially when women stand at the intersection of dominant social institutions and the politics of the State. This study seeks to explore the guarantees of individual liberties in India and how constitutional rights could be best approached to protect individual autonomy. The paper argues that the Fundamental Rights of the Indian constitution offers a unique framework which grants constitutional protection to the citizens not only against the State but against the institutions of discrimination. This calls for a transformative approach that locates the fundamental motivation behind constitutional rights in the elimination of hierarchical structures and the emancipation of citizens.

Item Type:	Article
Authors:	Sabhapandit, Swarati
Document Language:	Language English
Subjects:	Social sciences > Law > Civil procedure & courts > Courts
Divisions:	Azim Premji University - Ranchi > School of Development
Full Text Status:	Restricted
URI:	http://publications.azimpremjiuniversity.edu.in/id/eprint/7849
Publisher URL:	https://doi.org/10.71279/epw.v60i31.40382

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