Abstract

“The Constitution of India enshrines equality as a fundamental right. Article 16 specifically guarantees equality of opportunity in public employment. Despite this constitutional mandate, women continue to face discrimination in workplaces across India. This research paper critically examines the efficacy of Article 16 in protecting women against workplace discrimination.” The paper analyzes the textual provisions of Article 16 and its clauses relating to equal opportunity. It explores judicial interpretations that have shaped the practical application of Article 16. “The Supreme Court has played a significant role in interpreting constitutional provisions to safeguard women's rights. Notably, in cases like Air India v. Nargesh Meerza and Vishaka v. State of Rajasthan, the Court established important precedents”. Workplace discrimination manifests in various forms. These include pre-employment discrimination, wage disparity, occupational segregation, and sexual harassment. Despite constitutional guarantees, implementation challenges persist due to institutional barriers and sociocultural impediments. The research highlights the gap between constitutional promises and workplace realities for women. The paper further examines comparative perspectives. It looks at constitutional provisions on workplace equality in other jurisdictions. International legal standards on women's right to work provide valuable insights. “The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) establishes important benchmarks”. The research concludes by proposing legal and policy frameworks. These could strengthen Article 16's implementation and advance substantive equality. The judiciary's role in progressive interpretation of constitutional provisions remains crucial. Legislative measures and institutional reforms are equally important to realize the constitutional vision of gender equality.

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