KSLU Solved Question Papers
Women and Law (Hons)
Previous Year Question Paper with Solution
B.B.A. LL.B. (Five Years) · Sem 1
2023 Mar Examination
munotes.in
Mumbai
B.B.A. LL.B. (Five Years) Sem 1 Women and Law (Hons) 2023 Mar Question Paper with Solutions
First published on munotes.in on 2 November 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2023 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 Mar examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2023 Mar examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 70 · 12 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Explain the Constitutional status of woman in India.[10]
Answer
For full marks, cover: the idea of gender justice in the Constitution (the Preamble, formal and substantive equality); the Fundamental Rights (Articles 14, 15(1), 15(3), 16, 21, 23); the Directive Principles (Articles 38, 39(a), 39(d), 39(e), 42, 44); the Fundamental Duty in Article 51A(e); political rights (Article 326; reservation in local bodies, Articles 243D and 243T; the 106th Amendment, Articles 330A and 332A); leading cases (Nergesh Meerza, Vishaka, Anuj Garg, Joseph Shine, Babita Puniya, P.B. Vijayakumar); a table; the gaps; and a conclusion.
Introduction
The Constitution of India promises justice, liberty, equality and dignity to every citizen in its Preamble. For women, this means gender justice: an end to discrimination and to their subordinate status, and equal rights, opportunities and dignity. The Constitution gives both formal equality (the same law for all) and substantive equality (special measures to undo past disadvantage).
A. Fundamental Rights
1. Article 14: equality before the law. "The State shall not deny to any person equality before the law or the equal protection of the laws". A law that treats women differently must rest on a reasonable classification, and it must not be arbitrary.
Air India v. Nergesh Meerza, AIR 1981 SC 1829; (1981) 4 SCC 335. Facts. Air hostesses had to retire on their first pregnancy. Held. This rule was struck down as unreasonable and arbitrary. Why it matters. Service rules cannot punish women for motherhood.
2. Article 15(1): no discrimination on the ground of sex. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
3. Article 15(3): special provision for women. "Nothing in this article shall prevent the State from making any special provision for women and children." It permits, but does not oblige, special laws for women. In Government of Andhra Pradesh v. P.B. Vijayakumar, AIR 1995 SC 1648; (1995) 4 SCC 520, the Court held that it covers "the entire range of State activity including employment", and permits reservation for women.
But a restriction on women is not a special provision for them. In Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1, a ban on employing women in premises serving liquor was struck down. The Court said the State must make the workplace safe, not exclude women.
4. Article 16: equality in public employment. No citizen may be discriminated against in public employment on the ground of sex. In Secretary, Ministry of Defence v. Babita Puniya, (2020) 7 SCC 469, the Court directed that women officers be considered for permanent commission, rejecting stereotypes about their physical abilities.
5. Article 21: life and personal liberty. The Court reads it to include dignity, privacy and choice. In Vishaka v. State of Rajasthan, AIR 1997 SC 3011; (1997) 6 SCC 241, it treated sexual harassment at work as a violation of Articles 14, 15 and 21, and laid down binding guidelines until Parliament passed the POSH Act, 2013.
In Joseph Shine v. Union of India, AIR 2018 SC 4898, the Court struck down the adultery law, section 497 IPC, under Articles 14, 15(1) and 21. It said the law treated the wife "as a chattel", and that "a husband is not the master".
6. Article 23: no traffic in human beings. Trafficking and forced labour are prohibited. This protects women and girls from being bought, sold or exploited.
B. Directive Principles of State Policy
- Article 38: a social order based on justice, reducing inequalities in status and opportunity.
- Article 39(a): an adequate livelihood for men and women equally.
- Article 39(d): equal pay for equal work for both men and women.
- Article 39(e): the health and strength of workers, men and women, must not be abused.
- Article 42: just and humane conditions of work and maternity relief.
- Article 44: a uniform civil code.
C. Fundamental Duty
Article 51A(e) makes it the duty of every citizen "to renounce practices derogatory to the dignity of women".
D. Political rights
- Article 326: universal adult suffrage, so women vote on equal terms.
- Articles 243D and 243T: not less than one-third of seats in panchayats and municipalities are reserved for women, by rotation. They were added by the 73rd and 74th Amendments of 1992.
- Articles 330A and 332A: the Constitution (One Hundred and Sixth Amendment) Act, 2023 reserves for women as nearly as may be one-third of seats. This covers the Lok Sabha and the State Assemblies. It takes effect after the delimitation that follows the next census.
Main provisions at a glance
| Provision | What it secures |
|---|---|
| Article 14 | Equality before law |
| Article 15(1), 15(3) | No sex discrimination; special provisions for women |
| Article 16 | Equality in public employment |
| Article 21 | Dignity, privacy, choice |
| Article 23 | No trafficking |
| Articles 39(a), 39(d), 42 | Equal livelihood, equal pay, maternity relief |
| Article 51A(e) | Duty to respect women's dignity |
| Articles 243D, 243T, 330A, 332A | Reservation in local bodies and legislatures |
Gaps
- Personal laws still treat women unequally in some matters.
- Enforcement of protective laws is weak.
- The legislative reservation is not yet in operation.
Conclusion. The Constitution gives women formal equality through Articles 14, 15(1) and 16, and substantive equality through Article 15(3), which permits special provisions. Article 21, as read in Vishaka and Joseph Shine, protects their dignity and choice, and the Directive Principles promise equal pay and maternity relief. Reservation in local bodies, and soon in the legislatures, gives them a political voice. The courts have struck down stereotypes from Nergesh Meerza to Babita Puniya, though personal laws and weak enforcement remain the main gaps.
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