Gender, Migration and Fundamental Rights: A Treatise of India’s Commitment to its Constitution

Author Name

Aruna Chawla

Author Address

Student, School of Law, Christ University, Email Address:[email protected]


Migration, Gender, Fundamental Rights, Freedom of Movement, Development, Mobility Rights, Maharashtra, Women, Shiv Sena, Uttar Pradesh, Rickshaw Pullers


A widespread phenomenon in India is internal migration involving large numbers of people migrating from their homes to other places. Statistics show that a majority of these are women who move for familial and economic reasons. Further, the feminization of migration, along with globalization, has altered the position of men living in families impacted by this. Men are not the only breadwinners in the family. They also receive remittances from female partners living outside the city, and thus may attain new family or household functions. The paper attempts to analyse the differences between civil, political, social and economic roles of men and women that are considered ‘appropriate’ and ‘proper’ in a predominantly Hindu, Indian society. The paper looks at the ways in which migration, globalization and development impact accepted societal roles and the changing trends and patterns emerging from this phenomenon. Focus is not only those who migrate, but also those in whose geographical proximities this migration occurs. All this is studied in the context of Right to Freedom of Movement guaranteed by the Constitution of India, and its interplay with other fundamental rights of the Constitution. Migration in India is a challenged phenomenon not only due to the lack of socio-economic infrastructure to support the migrants, but also due to an existing hostility in the minds of the common people. The vehement fight to protect status quo in Maharashtra by Shiv Sena and the resulting philosophical considerations of sharing of space, the status of rickshaw pullers in Delhi, the labour dilemma in other parts of India, etc. are a matter of constant debate. The paper attempts to look at migration from a gender lens, to analyse the constitutional freedoms provided to these migrants. 


International Conference on Migration, Diaspora and Development
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