Gender equality is an accepted proposition of law. The Constitution mandates it. There are however several customs which have come to be treated as valid even after the Constitution of India came into force. Notwithstanding their validity they can still be tested on the touchstone of Arts. 14, 15 and 16. particularly, in the light of changes which occurred in the social life of the people. Several Hindu Law Rules such as life estate for woman, succession to coparcenary property by certain women, right to be appointed as guardian, right to seek partition have been rectified. Still there remained several fields where women are discriminated. The Punjab Excise Act provided that women shall not be employed in hotels where liquor is sold was struck down by the Courts as discriminatory. That women being pregnant shall not be continued in the service in Air Transport, and that woman reaching a particular age in the Air Transport shall be retired were all struck down. The Courts are now emphasizing on the special protective provisions in their favour than refusing employment or continue employment. If women are open to abuse it is the duty of the State to provide them protection. That is why the Supreme Court went all the way in framing rules for preventing abuse of women in employment in work places.
[Ref.: Anuj Garg v. Hotel Association of India, AIR 2008 SC 663; Bisakha and others v. State of Rajasthan, 1997 AIR SCW 3043.]