Is the provision of any use in the Constitution?
One point which must be clarified about this provision is that it has never been of any benefit to women. While the position of women in society gradually strengthened over the decades, this provision was not part of that improvement. In fact, the few cases taken to court on the basis of this provision, confirmed a conservative interpretation which did not give rise to any rights and the only instances where the provision has had any impact have involved discrimination against men. For example, a social welfare payment for deserted wives but not for husbands was justified on the basis of this provision. Because of this we can say that it is very unlikely that this provision would be of any benefit in law and it certainly has not been of any use to date.