Constitutional Paradox in Feminism: A Refliction in Sighs of Silent Victims of Armed Conflict

15 Pages Posted: 27 May 2010

See all articles by Dr. Gagandeep Kaur

Dr. Gagandeep Kaur

School of Law, University of Petroleum and Energy Studies; Guru Nanak Dev University, Amritsar

Date Written: May, 27 2010


The research paper is focused on some ground realities which are very rarely discussed in context of women. We, the people of India, have entered into the new millennium and even today our parliament has to frame new laws day by day first for the sake of protection, security and dignity of women. Did anyone ever probe into the root cause? Are we developing or our parliament will always be busy in enacting legislations for the safety of gender equality? What type of freedom we, the women are enjoying, if even today the women is overburden with family culture but man is not .There are plenty of laws enacted by parliament for the protection of women. But when the time comes for the application of laws, then political pressures cannot let the judiciary be independent. The ‘woman’ is the subject of feminist politics in India. The category of ‘woman’ as the subject of feminist politics in India reflects a failure of constitutionalism. The army for safety and security of a nation. It is sad to discuss the shabby picture of our army. Break out of armed conflict undoubtedly affect society, but women being particularly vulnerable are often the silent victims. Women are not directly involved in warfare, however, the major victims of warfare. There is no answer to this question that why a separate sect of feminist theories had to take to birth in spite of our ground norm ‘The Indian Constitution’ and ‘The Indian Penal Laws’? The directive principles of state policy provides under Article 39 (a) that state shall strive its policy toward securing equal rights to men and women an adequate means of livelihood. Then why a women have to chose to become a prostitute or call girl. Where are our equal economic rights? Even being good qualification there is a quite number of women who are being sexually exploited at workplaces but they are silent because of the fear of unemployment? We are celebrating 60th Republic Day but with hundreds of amendment and plethora of legal enactments. A woman has always been viewed in need of protection rather than being recognized as individuals with rights. Thus feminists have argued that view of women in need of protection and designation of rape as a crime against honor. Undoubtedly, the situation is much better than the past traumatic history of women. But at the same time, there is no newspaper which does not contain the news of rape, sexual harassment at work place, honor killings, NRI fraudulent marriage, abortions, female foeticide, domestic violence, dowry etc. etc.

In India, in spite of special constitutional framework and guarantees in addition to other legislations. Crimes against women are rampant. They are on the increase. The constitution imposes a fundamental duty on every citizen through Article 51 A (e) to renounce the practices derogatory to the dignity of women. How many of us are aware of this fundamental Duty? Not many, I think so. A citizen is expected to comply and respect this fundamental duty. The gravity and responsibility becomes more on the shoulders of army. Everyone look at them with hope, trust and sense of security. When army becomes a danger for women-we can well imagine our security in future! We take pride in talking of our constitution making special provisions in favor of women- yes, indeed such provisions do exist - they were provided by the founding fathers, after great deliberations. But the question is: Have the women been able to reap the benefits provided for them under the constitution of India? The procedure for the attainment is justice is so lengthy that girl turned into women and women becomes old lady when she get justice and loses all hopes. There is still a long way to go to achieve the goals entrenched in the constitution.

Keywords: Constitution, Feminism, Victims, Armed Conflict, Women

Suggested Citation

Kaur, Gagandeep, Constitutional Paradox in Feminism: A Refliction in Sighs of Silent Victims of Armed Conflict (May, 27 2010). Available at SSRN: or

Gagandeep Kaur (Contact Author)

School of Law, University of Petroleum and Energy Studies ( email )

Energy Acres, Bidholi
Via- Prem Nagar
Dehradun, Uttrakhand 248007

Guru Nanak Dev University, Amritsar ( email )

7895114831 (Phone)

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