The Constitution has the following provisions of interest to women workers:

The Preamble refers to securing all citizens social, economic and political justice and equality of status and of opportunity.

The Constitution sets out a number of fundamental rights, generally enforceable in the courts, which include equality before the law and equal protection under the law, and prohibition on discrimination by the State on a number of grounds, including sex. In addition, no citizen shall, on grounds including sex, be subject to any disability, liability, restriction or condition with regard to access to certain public facilities. There are provisions to invalidate or prevent the making of laws which are inconsistent with these rights, however the State may make special provision for women and for the advancement of any socially and educationally ‘backward’ classes of citizens (see articles 13-15).

Additional fundamental rights include equality of opportunity in matters of public employment and no discrimination in respect of any employment or office under the State on grounds including sex. All citizens also have the right to practise any profession, or to carry on any occupation, trade or business (see articles 16 and 19(1)(g).).

Under article 51A(e) it is the fundamental duty of every citizen of India to renounce practices derogatory to the dignity of women.

The State is required to secure a social order for the promotion of welfare of the people in which social, economic and political justice informs all institutions of national life. In addition, the State must strive to minimise inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. The State must also direct its policy towards securing that citizens, men and women equally, have the right to an adequate means of livelihood, that there is equal pay for equal work for both men and women, and that the health and strength of workers, men and women, are not abused (see articles 38 and 39(a),(d) and (e).).

The State is required to secure that the operation of the legal system promotes justice on the basis of equal opportunity, and to provide legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. In addition, the State must make provision for securing just and humane conditions of work and for maternity relief (see articles 39A and 42.).

Article 340 provides for the appointment of Commissions to investigate the conditions of socially and educationally backward classes and the difficulties under which they labour.

Panchayati Raj Institutions are local government bodies established under the Constitution. Under article 243D, one-third of seats reserved for Scheduled Castes Tribes, are reserved for women, and one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat are reserved for women.

The State is required to foster respect for international law and treaty obligations and Parliament has the power to make laws implementing international agreements (see articles 51(c) and 253.). There are proposals to reserve seats for women in the House of the People and in the Legislative Assemblies of the States by amending the Constitution.