Article 15(3): Special Provisions for Women

Article 15(1) prohibits the State from discriminating against citizens on grounds only of sex, among other listed grounds. Article 15(3) expressly permits the State to make special provisions for women and children, thereby constitutionally authorizing affirmative or protective measures for women despite the general prohibition.

Constitutional design

The provision reconciles formal non discrimination with substantive equality. While Article 14 guarantees equality before law and equal protection of laws, Article 15(3) recognizes that identical treatment may preserve disadvantages arising from women's social and historical position.

• Article 15(3) is an enabling provision: it authorizes, but does not compel, the State to adopt special measures.
• Such measures are not unconstitutional merely because they distinguish in favour of women.

Scope of permissible measures

The expression special provision is broad enough to cover protective laws, welfare measures, preferential treatment and reservations intended to improve women's opportunities. In Government of Andhra Pradesh v. P. B. Vijayakumar, the Supreme Court upheld reservation for women in public employment under Article 15(3).

• A measure must confer a genuine benefit or remedy a disadvantage faced by women.
• Article 15(3) does not itself create an individual right to demand any particular benefit.

Constitutional limits

Special provisions remain subject to constitutional scrutiny and cannot rest merely on paternalism or fixed gender roles. In Anuj Garg v. Hotel Association of India, the Supreme Court rejected an employment restriction based on stereotypical assumptions about women's vulnerability.

• Protective legislation should expand women's autonomy and opportunities, rather than exclude them from occupations or public life.
• A classification presented as beneficial may be invalid if it is arbitrary or perpetuates gender stereotypes.