The Indian Constitution went beyond Western notions & Sexual harassment in workplaces

1. The endurance of the Indian Constitution lies in its ability to accommodate diversity while pursuing social transformation.” Evaluate this statement with suitable examples.

IN NEWS: Indian Constitution went beyond Western notions. This is why it has endured

The Indian Constitution is both a liberal and transformative document. It protects individual rights, recognises group identities, and simultaneously mandates the State to reform unequal social structures. This dual character explains its longevity and relevance in a highly diverse and unequal society.

1. Accommodation of Social, Cultural and Religious Diversity

The Constitution acknowledges India’s plural character through:

(a) Fundamental Rights Protecting Diversity

• Article 25–28: Freedom of religion; protection of religious practices.
• Article 29–30: Cultural and educational rights of minorities.
• Article 371 (A–J): Special provisions for North-Eastern states, protecting tribal customs and local governance.
• Sixth Schedule: Autonomous District Councils for tribal-majority areas.

(b) Linguistic & Federal Accommodation

• Reorganisation of states on linguistic lines (1956).
• Three-language formula, recognition of 22 scheduled languages (8th Schedule).
• Co-operative federalism and asymmetric federalism (e.g., J&K earlier, NE states now).

2. Pursuit of Social Transformation

The Constitution goes beyond recognition of diversity; it actively aims to transform society:

(a) Substantive Equality and Social Justice

• Article 15(3), 15(4): Special provisions for women, SCs, STs.
• Article 16(4): Reservation in public services.
• Article 17: Abolition of untouchability.
• Article 46: Promotion of educational and economic interests of SCs/STs.

(b) Transformative Governance through DPSPs

• Reduction of inequalities (Art. 38).
• Right to adequate livelihood, fair wages, social welfare (Art. 39).
• Promotion of cottage industries, rural development, environment protection.

(c) Amendments enabling social reform

• 73rd & 74th Amendments: Grassroots democracy, women’s reservations.
• 86th Amendment: Right to Education.
• 103rd Amendment: EWS reservations (social justice beyond caste).

3. Balance Between Diversity & Transformation: Why It Endures

(a) Flexibility + Stability

• Over 100 constitutional amendments show adaptability.
• Yet the basic structure doctrine ensures stability.

(b) Inclusive Nation-Building

• Federal accommodation reduces separatist tendencies.
• Minority protections maintain confidence in a diverse democracy.

(c) Transformative responses to social change

• Courts have expanded rights: privacy, LGBTQ+ rights, environmental jurisprudence.
• Legislature and judiciary continuously reinterpret constitutional morality.

The Constitution’s endurance lies in its ability to harmonise diversity with social transformation. It not only protects India’s pluralism but also enables progressive reforms to build a more equal society. This unique balance is rare in Western constitutional traditions and remains the source of its legitimacy and longevity.

Source:https://indianexpress.com/article/opinion/columns/indian-constitution-went-beyond-western-notions-this-is-why-it-has-endured-10386022/

2. Addressing sexual harassment is not just a legal issue but a societal responsibility.” Discuss the role of informal networks, social awareness, and institutional accountability in ensuring safe workplaces for women.

IN NEWS: A landmark law in 2013, it needs a spine in 2025

Sexual harassment in workplaces is a violation of human rights and dignity, recognized legally under the POSH Act, 2013. However, laws alone cannot eliminate harassment; social attitudes, power dynamics, and institutional culture play an equally important role. Addressing harassment requires collective societal effort, combining legal frameworks, institutional mechanisms, and social accountability.

1. Role of Informal Networks

• Women often rely on peer networks to share experiences, warn about unsafe individuals, or provide emotional support.
• Such networks act as early warning systems, helping prevent repeat offences.
  • Example: WhatsApp/Telegram groups or alumni networks in colleges that exchange information on unsafe behavior.
• Limitations: Informal networks cannot provide legal redress, but they complement formal mechanisms.

2. Role of Social Awareness

• Awareness campaigns at workplaces and educational institutions promote understanding of consent, harassment, and rights.
• Training programs for men and women help reduce power-based exploitation and normalize reporting.
• Changing societal attitudes: Addressing victim-blaming, gender stereotypes, and hierarchical exploitation is crucial.
• Encourages employees to report incidents without fear, enhancing the deterrent effect.

3. Role of Institutional Accountability

• Internal Complaints Committees (ICCs) under the POSH Act must be well-trained, impartial, and responsive.
• Institutions should adopt clear SOPs, timely grievance redressal, and protection against retaliation.
• Auditing and monitoring: Regular reporting and inspections ensure compliance.
• Integration with inter-institutional mechanisms can track repeat offenders across campuses or organizations.
• Digital evidence handling and anonymized feedback mechanisms strengthen accountability.

4. Interconnected Approach

• Legal framework, informal networks, social awareness, and institutional accountability must operate in synergy.
• Societal responsibility: Family, community, media, and NGOs reinforce norms of respect and zero tolerance for harassment.
• Encourages proactive prevention, not just reactive redressal.

Sexual harassment is not merely a legal issue; it reflects deeper social and institutional dynamics. Safe workplaces require a multi-pronged approach: strong laws, vigilant institutions, social awareness, and active informal networks.

Only when law, society, and institutions act together can workplaces be truly safe, empowering women and promoting gender equality.

Source:https://www.thehindu.com/opinion/op-ed/a-landmark-law-in-2013-it-needs-a-spine-in-2025/article70322970.ece#:~:text=The%20POSH%20Act%20was%20a,or%20on%20the%20committee’s%20discretion.