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Women Empowerment
Women Empowerment in India
You can tell the condition of a nation by looking at the status of its women
Pt. Jawaharlal Nehru
Why we talk about women empowerment only and not men empowerment? Why women need
empowerment and not men? Women make almost 50% of the total population of the world. Then
why this substantial section of the society needs empowerment? They are not in minority so as to
require special treatment. Biologically speaking also, it is a proven fact that female race is superior to
male. Then the question arises that why we are debating the topic Women Empowerment.
Need for empowerment arose due to centuries of domination and discrimination done by men over
women; women are the suppressed lot. They are the target of varied types of violence and
discriminatory practices done by men all over the world. India is no different.
India is a complex country. We have, through centuries, developed various types of customs,
traditions and practices. These customs and traditions, good as well as bad, have become a part of
our societys collective consciousness. We worship female goddesses; we also give great
importance to our mothers, daughters, sisters, wives and other female relatives or friends. But at the
same time, Indians are also famous for treating their women badly both inside and outside their
homes.
Indian society consists of people belonging to almost all kinds of religious beliefs. In every religion
women are given a special place and every religion teaches us to treat women with respect and
dignity. But somehow the society has so developed that various types of ill practices, both physical
and mental, against women have become a norm since ages. For instance, sati pratha, practice of
dowry, parda pratha, female infanticide, wife burning, sexual violence, sexual harassment at work
place, domestic violence and other varied kinds of discriminatory practices; all such acts consists of
physical as well as mental element.
The reasons for such behaviour against women are many but the most important one are the male
superiority complex and patriarchal system of society. Though to eliminate these ill practices and
discrimination against women various constitutional and legal rights are there but in reality there are
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a lot to be done. Several self-help groups and NGOs are working in this direction; also women
themselves are breaking the societal barriers and achieving great heights in all dimensions: political,
social and economic. But society as a whole has still not accepted women as being equal to men
and crimes or abuses against women are still on the rise. For that to change, the societys age-old
deep-rooted mind set needs to be changed through social conditioning and sensitization
programmes.
Therefore, the concept of women empowerment not only focuses on giving women strength and
skills to rise above from their miserable situation but at the same time it also stresses on the need to
educate men regarding women issues and inculcating a sense of respect and duty towards women
as equals. In the present write-up we will try to describe and understand the concept of Women
Empowerment in India in all its dimensions.
Women empowerment in simple words can be understood as giving power to women to decide for
their own lives or inculcating such abilities in them so that they could be able to find their rightful
place in the society.
According to the United Nations, womens empowerment mainly has five components:
Generating womens sense of self-worth;
Womens right to have and to determine their choices;
Womens right to have access to equal opportunities and all kinds of resources;
Womens right to have the power to regulate and control their own lives, within and outside
the home; and
Womens ability to contribute in creating a more just social and economic order.
Thus, women empowerment is nothing but recognition of womens basic human rights and creating
an environment where they are treated as equals to men.
Historical Background:
From ancient to modern period, womens condition-socially, politically and economically- has not
remained same and it kept changing with times. In ancient India, women were having equal status
with men; in early Vedic period they were very educated and there are references of women sages
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such as Maitrayi in our ancient texts. But with the coming of famous treatise of Manu i.e. Manusmriti,
the status of women was relegated to a subordinate position to men.
All kinds of discriminatory practices started to take from such as child marriage, devadashi pratha,
nagar vadhu system, sati pratha etc. Womens socio-political rights were curtailed and they were
made fully dependent upon the male members of family. Their right to education, right to work and
right to decide for themselves were taken away.
During medieval period the condition of women got worsened with the advent of Muslim rulers in
India; as also during the British period. But the British rule also brought western ideas into the
country.
A few enlightened Indians such as Raja Ram Mohun Roy influenced by the modern concept of
freedom, liberty, equality and justice started to question the prevailing discriminatory practices
against women. Through his unrelenting efforts, the British were forced to abolish the ill-practice of
Sati. Similarly several other social reformers such as Ishwar Chandra Vidyasagar, Swami
Vivekananda, Acharya Vinoba Bhave etc. worked for the upliftment of women in India. For instance,
the Widow Remarriage Act of 1856 was the result of Ishwar Chandra Vidyasagars movement for
improving the conditions of widows.
Indian National Congress supported the first womens delegation which met the Secretary of State to
demand womens political rights in 1917. The Child Marriage Restraint Act in 1929 was passed due
to the efforts of Mahhommad Ali Jinna, Mahatma Gandhi called upon the young men to marry the
child widows and urged people to boycott child marriages.
During freedom movement, almost all the leaders of the struggle were of the view that women
should be given equal status in the free India and all types of discriminatory practices must stop. And
for that to happen, it was thought fit to include such provisions in the Constitution of India which
would help eliminate age-old exploitative customs and traditions and also such provisions which
would help in empowering women socially, economically and politically.
Indias Constitution makers and our founding fathers were very determined to provide equal rights to
both women and men. The Constitution of India is one of the finest equality documents in the world.
It provides provisions to secure equality in general and gender equality in particular. Various articles
in the Constitution safeguard womens rights by putting them at par with men socially, politically and
economically.
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The Preamble, the Fundamental Rights, DPSPs and other constitutional provisions provide several
general and special safeguards to secure womens human rights.
Preamble:
The Preamble to the Constitution of India assures justice, social, economic and political; equality of
status and opportunity and dignity to the individual. Thus it treats both men and women equal.
Fundamental Rights:
The policy of women empowerment is well entrenched in the Fundamental Rights enshrined in our
Constitution. For instance:
Article 14 ensures to women the right to equality.
Article 15(1) specifically prohibits discrimination on the basis of sex.
Article 15(3) empowers the State to take affirmative actions in favour of women.
Article 16 provides for equality of opportunity for all citizens in matters relating to
employment or appointment to any office.
These rights being fundamental rights are justiciable in court and the Government is obliged to follow
the same.
Directive Principles of State Policy:
Directive principles of State Policy also contains important provisions regarding women
empowerment and it is the duty of the government to apply these principles while making laws or
formulating any policy. Though these are not justiciable in the Court but these are essential for
governance nonetheless. Some of them are:
Article 39 (a) provides that the State to direct its policy towards securing for men and women
equally the right to an adequate means of livelihood.
Article 39 (d) mandates equal pay for equal work for both men and women.
Article 42 provides that the State to make provision for securing just and humane conditions
of work and for maternity relief.
Fundamental Duties:
Fundamental duties are enshrined in Part IV-A of the Constitution and are positive duties for the
people of India to follow. It also contains a duty related to womens rights:
Article 51 (A) (e) expects from the citizen of the country to promote harmony and the spirit of
common brotherhood amongst all the people of India and to renounce practices derogatory to the
dignity of women.
Other Constitutional Provisions:
Through 73rd and 74th Constitutional Amendment of 1993, a very important political right has been
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given to women which is a landmark in the direction of women empowerment in India. With this
amendment women were given 33.33 percent reservation in seats at different levels of elections in
local governance i.e. at Panchayat, Block and Municipality elections.
Thus it can be seen that these Constitutional provisions are very empowering for women and the
State is duty bound to apply these principles in taking policy decisions as well as in enacting laws.
Here is the list of some specific laws which were enacted by the Parliament in order to fulfil
Constitutional obligation of women empowerment:
The Equal Remuneration Act, 1976.
The Dowry Prohibition Act, 1961.
The Immoral Traffic (Prevention) Act, 1956.
The Maternity Benefit Act, 1961.
The Medical termination of Pregnancy Act, 1971.
The Commission of Sati (Prevention) Act, 1987.
The Prohibition of Child Marriage Act, 2006.
The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.
Above mentioned and several other laws are there which not only provide specific legal rights to
women but also gives them a sense of security and empowerment.
India is a part to various International conventions and treaties which are committed to secure equal
rights of women.
One of the most important among them is the Convention on Elimination of All Forms of
Discrimination against Women (CEDAW), ratified by India in 1993.
Other important International instruments for women empowerment are: The Mexico Plan of Action
(1975), the Nairobi Forward Looking Strategies (1985), the Beijing Declaration as well as the
Platform for Action (1995) and the Outcome Document adopted by the UNGA Session on Gender
Equality and Development & Peace for the 21st century, titled Further actions and initiatives to
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implement the Beijing Declaration and the Platform for Action. All these have been whole-heartedly
endorsed by India for appropriate follow up.
These various national and International commitments, laws and policies notwithstanding womens
situation on the ground have still not improved satisfactorily. Varied problems related to women are
still subsisting; female infanticide is growing, dowry is still prevalent, domestic violence against
women is practised; sexual harassment at workplace and other heinous sex crimes against women
are on the rise.
Though, economic and social condition of women has improved in a significant way but the change
is especially visible only in metro cities or in urban areas; the situation is not much improved in semi-
urban areas and villages. This disparity is due to lack of education and job opportunities and
negative mind set of the society which does not approve girls education even in 21st century.
Whatever improvement and empowerment women have received is especially due to their own
efforts and struggle, though governmental schemes are also there to help them in their endeavour.
In the year 2001, the Government of India launched a National Policy for Empowerment of
Women. The specific objectives of the policy are as follows:
Creation of an environment through positive economic and social policies for full
development of women to enable them to realize their full potential.
Creation of an environment for enjoyments of all human rights and fundamental freedom by
women on equal basis with men in all political, economic, social, cultural and civil spheres.
Providing equal access to participation and decision making of women in social political and
economic life of the nation.
Providing equal access to women to health care, quality education at all levels, career and
vocational guidance, employment, equal remuneration, occupational health and safety, social
security and public life etc.
Strengthening legal systems aimed at elimination of all forms of discrimination against
women.
Changing societal attitudes and community practices by active participation and involvement
of both men and women.
Mainstreaming a gender perspective in the development process.
Elimination of discrimination and all forms of violence against women and the girl child.
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Building and strengthening partnerships with civil society, particularly womens organizations.
The Ministry of Women and Child Development is the nodal agency for all matters pertaining to
welfare, development and empowerment of women. It has evolved schemes and programmes for
their benefit. These schemes are spread across a very wide spectrum such as womens need for
shelter, security, safety, legal aid, justice, information, maternal health, food, nutrition etc., as well as
their need for economic sustenance through skill development, education and access to credit and
marketing.
Various schemes of the Ministry are like Swashakti, Swayamsidha, STEP and Swawlamban enable
economic empowerment. Working Women Hostels and Creches provide support services. Swadhar
and Short Stay Homes provide protection and rehabilitation to women in difficult circumstances. The
Ministry also supports autonomous bodies like National Commission, Central Social Welfare Board
and Rashtriya Mahila Kosh which work for the welfare and development of women. Economic
sustenance of women through skill development, education and access to credit and marketing is
also one of the areas where the Ministry has special focus.
Conclusion and Suggestions:
In conclusion, it can be said that women in India, through their own unrelenting efforts and with the
help of Constitutional and other legal provisions and also with the aid of Governments various
welfare schemes, are trying to find their own place under the sun. And it is a heartening sign that
their participation in employment- government as well as private, in socio-political activities of the
nation and also their presence at the highest decision making bodies is improving day by day.
However, we are still far behind in achieving the equality and justice which the Preamble of our
Constitution talks about. The real problem lies in the patriarchal and male-dominated system of our
society which considers women as subordinate to men and creates different types of methods to
subjugate them.
The need of us is to educate and sensitize male members of the society regarding women issues
and try to inculcate a feeling of togetherness and equality among them so that they would stop their
discriminatory practices towards the fairer sex.
For this to happen apart from Government, the efforts are needed from various NGOs and from
enlightened citizens of the country. And first of all efforts should begin from our homes where we
must empower female members of our family by providing them equal opportunities of education,
health, nutrition and decision making without any discrimination.
Because India can become a powerful nation only if it truly empowers its women.
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Women empowerment is empowering the women to take their own decisions for their
personal dependent. Empowering women is to make them independent in all aspects
from mind, thought, rights, decisions, etc. by leaving all the social and family
limitations. It is to bring equality in the society for both male and female in all areas.
Women empowerment is very necessary to make the bright future of the family, society
and country.
The most famous saying said by the Pandit Jawaharlal Nehru is To awaken the people, it
is the women who must be awakened. Once she is on the move, the family moves, the
village moves, the nation moves. In India, to empower the women, first it needs to kill
all the demons killing womens rights and values in the society such as dowry system,
illiteracy, sexual harassment, inequality, female infanticide and domestic violence
against women, rape, prostitution, illegal trafficking and other issues. Gender
discrimination in the nation brings cultural, social, economic and educational differences
which push country back. The most effective remedy to kill such devils is making
women empowered by ensuring the Right to Equality mentioned in the Constitution of
India.
India is a very famous country known for its cultural heritage, traditions, civilisation,
religion and geographical features from the ancient time. On the other hand, it is also
popular as a male chauvinistic nation. Women are given first priority in India however on
the other hand they were badly treated in the family and society. They were limited only
for the household chores or understand the responsibility of home and family members.
They were kept totally unaware of their rights and own development. People of India
used to say this country as Bharat-Mata however never realised the true meaning of
it. Bharat-Mata means a mother of every Indian whom we have to save and care always.
Meaning:
Empowerment can be viewed as means of creating a social environment in which one
can make decisions and make choices either individually or collectively for social
transformation. It strengthens the innate ability by way of acquiring knowledge, power
and experience (Hashemi Schuler and Riley, 1996). Empowerment is the process of
enabling or authorizing individual to think, take action and control work in an
autonomous way. It is the process by which one can gain control over ones destiny and
the circumstances of ones lives. Empowerment includes control over resources
(physical, human, intellectual and financial) and over ideology (beliefs, values and
attitudes). It is not merely a feel of greater extrinsic control, but also grows intrinsic
capacity, greater self-confidence and an internal transformation of ones consciousness
that enables one to overcome external barriers to accessing resources or changing
traditional ideology (Pinto, 2001). Womens empowerment is very essential for the
development of society. Empowerment means individuals acquiring the power to think
and act freely, exercises choice and full fill their potential as full and equal members of
society. As per the United National Development Fund for women (UNIFEM), the term
womens empowerment means:
Acquiring knowledge and understanding of gender relations and the ways in which
these relations may be changed.
Developing the ability to organize and influence the direction of social change, to
create a more just social and economic order, nationally and internationally.
Historical Background:
India is a famous country proving the common proverb like unity is diversity, where
people of many religious beliefs are in the Indian society. Women have been given a
special place in every religion which is working as a big curtain covering the eyes of
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people and help in the continuation of many ill practices (including physical and mental)
against women as a norm since ages. In the ancient Indian society, there was a custom
of sati pratha, nagar vadhu system, dowry system, sexual violence, domestic violence,
female infanticide, parda pratha, wife burning, sexual harassment at work place, child
marriage, child labour, devadashi pratha, etc. including other discriminatory practices.
All such type of ill practices is because of male superiority complex and patriarchal
system of the society.
Socio-political rights (right to work, right to education, right to decide for themselves,
etc.) for the women were completely restricted by the male members of family. Some of
the ill practices against women have been eliminated by the open minded and great
Indian people who raise their voices for the discriminatory practices against women.
Through the continuous efforts of the Raja Ram Mohan Roy, Britishers were forced to
eliminate the ill practice of Sati paratha. Later, other famous social reformers of the
India (Ishwar Chandra Vidyasagar, Acharya Vinoba Bhave, Swami Vivekananda, etc.)
also had raised their voices and worked hard for the upliftment of women in Indian
society.
European scholars observed in the 18th century that Hindu women are "naturally
chaste" and "more virtuous" than other women.[26] During the British Raj, many
reformers such as Ram Mohan Roy, Ishwar Chandra Vidyasagar and Jyotirao Phule
fought for the betterment of women. Peary Charan Sarkar, a former student of Hindu
College, Calcutta and a member of "Young Bengal", set up the first free school for girls
in India in 1847 in Barasat, a suburb of Calcutta (later the school was named Kalikrishna
Girls' High School). In 1917, the first women's delegation met the Secretary of State to
demand women's political rights, supported by the Indian National Congress. The All
India Women's Education Conference was held in Pune in 1927, it became a major
organisation in the movement for social change. In 1929, the Child Marriage Restraint
Act was passed, stipulating fourteen as the minimum age of marriage for a girl.] Though
Mahatma Gandhi himself married at the age of thirteen, he later urged people to
boycott child marriages and called upon young men to marry child widows.
Constitutional Provision
Preamble
The Preamble contains the essence of the Constitution and reflects the ideals and aims
of the people. The Preamble starts by saying that we, the people of India, give to
ourselves the Constitution. The source of the Constitution is thus traced to the people,
i.e. men and women of India, irrespective of caste, community, religion or sex. The
makers of the Constitution were not satisfied with mere territorial unity and integrity. If
the unity is to be lasting, it should be based on social, economic and political justice.
Such justice should be equal for all. The Preamble contains the goal of equality of status
and opportunity to all citizens. This particular goal has been incorporated to give equal
rights to women and men in terms of status as well as opportunity.
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Even though the fact that women participated equally in the freedom struggle and,
under the Constitution and law, have equal political rights as men, enabling them to
take part effectively in the administration of the country has had little effect as they are
negligibly represented in politics. There were only seven women members in the
Constituent Assembly and the number later decreased further. Their representation in
the Lok Sabha is far below the expected numbers. This has led to the demand for
reservation of 33% seats for women in the Lok Sabha and Vidhan Sabhas. Political
empowerment of women has been brought by the 73rd and 74th Amendments4'2 which
reserve seats for women in Gram Panchayats and Municipal bodies. Illiteracy, lack of
political awareness, physical violence and economic dependence are a few reasons
which restrain women from taking part in the political processes of the country.
At hand there has been series of legislation conferring equal rights for women and men.
These legislations have been guided by the provisions of the fundamental rights and
Directive Principles of State Policy. Here again there is a total lack of awareness
regarding economic rights amongst women. Laws to improve their condition in matters
relating to wages, maternity benefits, equal remuneration and property/succession have
been enacted to provide the necessary protection in these areas.
For providing social justice to women, the most important step has been codification of
some of the personal laws in our country which pose the biggest challenge in this
context. In the area of criminal justice, the gender neutrality of law worked to the
disadvantage of a woman accused because in some of the cases it imposed a heavy
burden on the prosecutor, for e.g. in cases of rape and dowry. Certain areas like
domestic violence and sexual harassment of women at the workplace were untouched,
unthought of. These examples of gender insensitivity were tackled by the judiciary and
incorporated into binding decisional laws to provide social justice in void spheres.
Although a Uniform Civil Code is still a dream in spite of various directions of the Court,
the enactment of certain legislations like the Pre-Natal Diagnostic Techniques
(Prevention of Misuse) Act and the Medical Termination of Pregnancy Act prevent the
violation of justice and humanity right from the womb. In spite of these laws, their non-
implementation, gender insensitivity and lack of legal literacy prevent the dream of
the Constitution makers from becoming a reality. They prevent the fulfillment of the
objective of securing to each individual dignity, irrespective of sex, community or place
of birth.
Part III of the Constitution consisting of Articles 12-35 is the heart of the Constitution.
Human Rights which are the entitlement of every man, woman and child because they
are human beings have been made enforceable as constitutional or fundamental rights
in India. The framers of the Constitution were conscious of the unequal treatment and
discrimination meted out to the fairer sex from time immemorial and therefore included
certain general as well as specific provisions for the upliftment of the status of women.
Justice Bhagwati in Maneka Gandhi v. Union of India (AIR 1978 SC 597)4'3 said:
These fundamental rights represent the basic values cherished by the people of this
country since the Vedic times and they are calculated to protect the dignity of the
individual and create conditions in which every human being can develop his
personality to the fullest extent.
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Article 14 guarantees that the State shall not deny equality before the law and equal
protection of the laws;
The State shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India.
(1) The state shall not discrimination against any citizen on grounds only of religion,
race, cast, sex, or place of birth or any of them.
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
Accordingly Article 15(1) prohibits gender discrimination and Article 15(3) lifts that
rigour and permits the State to positively discriminate in favour of women to make
special provisions to ameliorate their social condition and provide political, economic
and social justice. The State in the field of Criminal Law, Service Law, Labour Law, etc.
has resorted to Article 15(3) and the Courts, too, have upheld the validity of these
protective discriminatory provisions on the basis of constitutional mandate,
(2) No citizens shall, on grounds only of religion, race, cast, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the state.
The Constitution, therefore, provides equal opportunities for women implicitly as they
are applicable to all persons irrespective of sex. However, the Courts realize that
these Articles reflect only de jure equality to women. They have not been able to
accelerate de facto equality to the extent the Constitution intended.
There is still a considerable gap between constitutional rights and their application in
the day-to-day lives of most women. At the same time it is true that women are working
in jobs which were hitherto exclusively masculine domains. But there are still instances
which exhibit lack of confidence their capability and efficiency. There remains a long and
lingering suspicion regarding their capacities to meet the challenges of the job assigned
In case of C.B. Muthumma v. Union of India (1979) 4 SCC 260)44, a writ petition was
filed by Ms Muthamma, a senior member of the Indian Foreign Service, complaining that
she had been denied promotion to Grade I illegally and unconstitutionally. She pointed
out that several rules of the civil service were discriminatory against women. At the very
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threshold she was advised by the Chairman of the UPSC against joining the Foreign
Service. At the time of joining she was required to give an undertaking that if she
married she would resign from service. Under Rule 18 of the Indian Foreign Service
(Recruitment, Cadre, Seniority and Promotion) Rules, 1961, it was provided that no
married woman shall be entitled as of right to be appointed to the service. Under Rule
8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, a woman
member of the service was required to obtain permission of the Government in writing
before her marriage was solemnised. At any time after the marriage she could be
required to resign if the Government was confirmed that her family and domestic
commitments were likely to come in the way of the due and efficient discharge of her
duties as a member of the service. On numerous occasions the petitioner had to face
the consequences of being a woman and thus suffered discrimination, though
the Constitution specifically under Article 15 prohibits discrimination on grounds of
religion, race, caste, sex or place of birth and Article 4 provides the principle of equality
before law.
The Supreme Court through V.R. Krishna Iyer and P.N. Singhal, JJ. Held that:
"This writ petition by Ms Muthamma, a senior member of the Indian Foreign Service,
bespeaks a story which makes one wonder whether Articles 14 and 16 belong to myth
or reality. The credibility of the Constitutional mandates shall not be shaken by
governmental action or inaction but it is the effect of the grievance of Ms Muthamma
that sex prejudice against Indian womanhood pervades the service rules even a third of
a century after Freedom. There is some basis for the charge of bias in the rules and this
makes the ominous indifference of the executive to bring about the banishment of
discrimination in the heritage of service rules. If high officials lose hopes of equal justice
under the rules, the legal lot of the little Indian, already priced out of the expensive
judicial market, is best left to guess."
Expressing its opinion on Rule 18 of the Indian Foreign Service (Recruitment, Cadre,
Seniority and Promotion) Rules, 1961, the Court observed:
"At the first blush this rule is defiance of Article 16. If a married man has a right, a
married woman, other things being equal, stands on no worse footing. This misogynous
posture is a hangover of the masculine culture of manacling the weaker sex forgetting
how our struggle for national freedom was also a battle against woman's thralldom.
Freedom is indivisible, so is justice. That our founding faith enshrined in Articles 14 and
16 should have been tragically ignored vis-a-vis half of India's humanity, viz. our
women, is a sad reflection on the distance between Constitution in the book and Law in
action. And if the executive as the surrogate of Parliament makes rules in the teeth of
Part III, especially when high political office, even diplomatic assignment has been filled
by women, the
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Striking down the rules as violating the principle of quality, it was said:
"We do not mean to universalize or dogmatise that men and women are equal in all
occupations and all situations and do not excludethe need to pragmatise where the
requirements of particular employment, the sensitivities of sex or the handicaps of
either sex may compel selectivity. But save where the differentiation is demonstrable
the rule of equality must govern."
In case of Air India v. Nargesh Meerza ((1981) 4 SCC 335)4'5, Nargesh Meerza filed a
writ petition, In this case, the air-hostesses of the Air-India International Corporation had
approached the Supreme Court against, again, discriminatory service conditions in the
Regulations' of Air-India. The Regulations provided that an air-hostess could not get
married before completing four-years of service. Usually an air-hostess was recruited at
the age of 19 years and the four-year bar against marriage meant that an air-hostess
could not get married until she reached the age of 23 years. If she married earlier, she
had to resign and if after 23 years she got married, she could continue as a married
woman but had to resign on becoming pregnant. If an air hostess survived both these
filters, she 'continued to serve until she reached the age of 35 years. It was alleged on
behalf of the air-hostesses that those provisions were discriminatory on the ground of
sex, as similar provisions did not apply to male employees doing similar work.
The Supreme Court upheld the first requirement that an air-hostess should not marry
before the completion of four years of service. The court held that: "It was a sound and
salutary provision. Apart from improving the health of the employee it helps a great deal
in the promotion and boosting up of our family planning programme." However, this
argument given by the Court came in for criticism that as the requirements of age and
family planning were warranted by the population policy of the State and once the State
had fixed the age of marriage, i.e. 18 years, the reasoning advanced for upholding the
rule was a camouflage for the real concern. The Supreme Court struck down the Air-
India Regulations relating to retirement and the pregnancy bar on the services of Air-
hostesses as unconstitutional on the ground that the conditions laid down therein were
entirely unreasonable and arbitrary. The impugned Regulation 46 provided that an air
hostess would retire from the service of the corporation upon attaining the age of 35
years or on marriage, if it took place within 4 years of service, or on first pregnancy,
whichever occurred earlier. Under Regulation 7, the Managing Director was vested with
absolute discretion to extend the age of retirement prescribed at 45 years. Both these
regulations were struck down as violative of Article 14, which prohibits
unreasonableness and arbitrariness. In Sarita Samvedi v. Union of India (1996 (2) SCC
380)46, the Supreme Court held invalid a provision of the Railway Board Circular dated
27th December, 1982 which restricted the eligibility of a married daughter of a retiring
official for out-of-turn allotment of a house, to situations where such a retiring official
had no son or where the daughter was the only person prepared to maintain the parents
and the sons were not in a position to do so. This was held to be discriminatory on the
ground of sex. Reservations of seats for women in local bodies or in educational
institutions have been upheld. The Supreme Court in Govt. of A.P. v. P.B.
Vijayakumar, (1995 (4) SCC 520)4'7 held that reservation to the extent of 30% made
in the State Services by the Andhra Pradesh Government for women candidates was
valid. The Division Bench of the Supreme Court emphatically declared that the power
conferred upon the State by Article 15(3) is wide enough to cover the entire range of
State activity including employment under the State. The power conferred
by Article 15(3) is not whittled down in any manner by Article 16.
15
In Madhu Kishwar v. State of Bihar{ (1996) 5 SCC 145}4'8, the Supreme Court dealt
with the validity of the Chotanagpur Tenancy Act, 1908 of Bihar which denied the right
of succession to Scheduled Tribe women as violative of the right to livelihood. The
majority judgment however upheld the validity of legislation on the ground of custom of
inheritance/succession of Scheduled Tribes. Dissenting with the majority, Justice K.
Ramaswamy felt that the law made a gender-based discrimination and that it
violated Articles 15, 16 and 21 of the Constitution. In his dissenting judgment he said:
"Legislative and executive actions must be conformable to and for effectuation of the
fundamental rights guaranteed in Part III, Directive Principles enshrined in Part IV and
the Preamble of the Constitution which constitute the conscience of the Constitution.
Covenants of the United Nations add impetus and urgency to .eliminate gender-based
obstacles and discrimination. Legislative action should be devised suitably to constitute
economic empowerment of women in socio-economic restructure for establishing
egalitarian social order."
Gender equality becomes elusive in the absence of right to live with dignity.
"No person shall be deprive of his life or personal liberty except according to procedure
established by law.
In Vishaka v. State of Rajasthan (AIR 1997 SC 3011)4'9, the Supreme Court, in the
absence of legislation in the field of sexual harassment of working women at their place
of work, formulated guidelines for their protection. The Court said:
"Gender equality includes protection from sexual harassment and right to work with
dignity which is a universally recognised basic human right.
The common minimum requirement of this right has received global acceptance. In the
absence of domestic law occupying the field, to formulate effective measures to check
the evil of sexual harassment of working women at all workplaces, the contents of
international conventions and norms are significant for the purpose of interpretation of
the guarantee of gender equality, right to work with human dignity in articles 14, 15,
19(1}(g) and 21 of the Constitution and the safeguards against sexual harassment
implicit therein and for the formulation of guidelines to achieve this purpose."
(1) Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with law.
16
(2) Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State
shall not make any discrimination on grounds only of religion, race, caste or class or any
of them.
In Gaurav Jain v. Union of India (1997 (8) SCC 114)410, the condition of prostitutes
in general and the plight of their children in particular was highlighted. The Court issued
directions for a multi-pronged approach and mixing the children of prostitutes with other
children instead of making separate provisions for them. The Supreme Court issued
directions for the prevention of induction of women in various forms of prostitution. It
said that women should be viewed more as victims of adverse socio-economic
circumstances than offenders in our society.
(a) That the citizen, men and women equally, have the right to an adequate means of
livelihood;
(d) That there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;
Article 39(a) directs the State to direct its policy towards securing that citizens, men and
women, equally have the right to an adequate means of livelihood.
Article 39(d) directs the State to secure equal pay for equal work for both men and
women. The State in furtherance of this directive passed the Equal Remuneration Act,
1976 to give effect to the provision.
Article 39(e) specifically directs the State not to abuse the health and strength of
workers, men and women.
Article: 42 Provision for just and humane conditions of work and maternity relief.
The State shall make provision for securing just and humane conditions of work and for
maternity relief.
Article 42 of the Constitution incorporates a very important provision for the benefit of
women. It directs the State to make provisions for securing just and humane conditions
of work and for maternity relief.
17
The State has implemented this directive by incorporating health provisions in the
Factories Act, Maternity Benefit Act, Beedi and Cigar Workers (Conditions of
Employment) Act, etc.
The State shall Endeavour to secure for the citizens a uniform civil code throughout the
territory of India.
Article 44 directs the State to secure for citizens a Uniform Civil Code applicable
throughout the territory of India. Its particular goal is towards the achievement of
gender justice. Even though the State has not yet made any efforts to introduce a
Uniform Civil Code in India, the judiciary has recognised the necessity of uniformity in
the application of civil laws relating to marriage, succession, adoption, divorce,
maintenance, etc. but as it is only a directive it cannot be enforced in a court of law.
However, one of the most dynamic members of the Assembly, Shri K.M. Munshi ,
expressed his opinion that: "if the personal law of inheritance, succession, etc. is
considered as a part of religion, the equality of women can never be achieved."
Fundamental Duties
Parts IV-A which consist of only one Article 51-A was added to the constitution by the
42nd Amendment, 1976. This Article for the first time specifies a code of eleven
"It shall be the duty of every citizen of India to promote harmony and the spirit of
common brotherhood amongst all the people of India transcending religion, linguistic,
regional or sectional diversities; to renounce practices derogatory to the dignity of
women"
In every Panchayat and the number of seats so reserved shall bear, as nearly as may
be, the same proportion to the total number of seats to be filled by direct election in
that Panchayat as the population of the Scheduled Castes in that Panchayat area or of
the Scheduled Tribes in that Panchayat area bears to the total population of that area
and such seats may be allotted by rotation to different constituencies in a Panchayat.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall
be reserved for women belonging to the Scheduled Castes or, as
18
(3) Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Panchayat shall be reserved for women and such seats
may be allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level
shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such
manner as the Legislature of a State may, by law, provide: Provided that the number of
offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in
the Panchayats at each level in any State shall bear, as nearly as may be, the same
proportion to the total number of such offices in the Panchayats at each level as the
population of the Scheduled Castes in the State or of the Scheduled Tribes in the State
bears to the total population of the State:
Provided further that not less than one-third of the total number of offices of
Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clauses shall be allotted by
rotation to different Panchayats at each level.
(1) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in article 334.
(2) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of citizens.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall
be reserved for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Municipality shall be reserved for women and such
seats may be allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled
Castes, the Scheduled Tribes and women in such manner as the Legislature of a State
19
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to
have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.
Article: 243 G. Powers, authority and responsibilities of Panchayats Read with Eleventh
Schedule.
(a) The preparation of plans for economic development and social justice;
(b) The implementation of schemes for economic development and social justice as may
be entrusted to them including those in relation to the matters listed in the Eleventh
Schedule.
Recent developments:
The Government of India has declared 2001 as Womens Empowerment year. The
national policy of empowerment of women has set certain clear-cut goals and
objectives. The policy aims at upliftment, development and empowerment in socio-
economic and politicocultural aspects, by creating in them awareness on various issues
in relation to their empowerment. The following are the specific objectives of National
Policies particularly of rural folk on Empowerment of women in India. i. Creating an
environment through positive economic and social policies for full development of
women to enable them to realize their full potential. ii. The de-jure and de-facto
enjoyments of all human rights and fundamental freedom by women on equal basis with
men in all political, economic, social, cultural and civil spheres. iii. Equal access to
participation and decision making of women in social political and economic life of the
nation. iv. Equal access to women to health care, quality education at all levels, career
and vocational guidance, employment, equal remuneration, occupational health and
safety, social security and public life etc., v. strengthening legal systems aimed at
elimination of all forms of discrimination against women. 300 vi. Changing societal
attitudes and community practices by active participation and involvement of both men
and women. vii. Ministering a gender perspective in the development process. viii.
Elimination of discrimination and all forms of violence against women and the girl child.
ix. Building and strengthening partnerships with civil society, particularly womens
organizations. The National policy for empowerment of women envisaged introduction
of a gender perspective in the budgeting process as an operational strategy. A few laws
and legislations are enforced strictly for effective and proper implementation of this
policy.
Women and children constitute around 70 % of Indias people and are the critical
foundation for national development at present and in the future. More inclusive
growth must begin with children and women- breaking an intergenerational cycle of
inequity and multiple deprivations faced by women and girls, as related to poverty,
social exclusion, gender discrimination and undernutrition. This intergenerational cycle
of multiple deprivation and violence faced by girls and women is reflected in the
adverse and steeply declining child sex ratio in children under 6 years of age which
reached an all-time low of 918 girls for every 1000 boys in 2011.
Despite some recent positive momentum, the pace of progress in realizing womens
safety, protection and empowerment has not been adequate. This is reflected in the
National Crime Records Bureau data, which highlighted that 3,09,546 incidents of crime
against women (both under Indian Penal Code and other laws) were reported during the
year 2013, as against the 2,44,270 cases reported during 2012, showing an increase of
26.7% (despite the fact that not all crimes against women are reported). The policy
commitment to ensuring the safety, security and dignity of women NAVDISHA- National
Thematic Workshop on Best Practices for Women and Child Development 20-21 January
2015 Panipat, Haryana Organised by Ministry of Women and Child Development
Government of India and Government of Haryana
Ministry of Women and Child Development and girls in public and private spaces was
reaffirmed including through the Twelfth Plan provisions, the Criminal Law
(Amendment) Act, 2013 and the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act 2013.
Nutrition
Adolescent girls, negatively impacting upon womens nutrition. highlighted that 43 per
cent of currently married women in the age-group 20-24 years were married before
attaining the age of 18 years. Adolescent girls married before the attainment of the age
of 18 years, often go through early and frequent pregnancies.
second young child in India was undernourished (42.5 % of children under 5 years
were underweight)
seven out of ten children were anemic; every third woman in India was undernourished
(35.6 % with low Body Mass Index)
every second woman (15-49 years) was anemic (55.3%). Reinforcing legislative, policy,
plan and programme commitments that address the multidimensional nature of the
nutrition challenges, nutrition focus in relevant sectoral .
Based on these policy directions, a new National Nutrition Mission is being formulated.
This is informed by innovative initiatives that have been taken up in several states
The strategies also address the criticality of ensuring the prevention and management
of diseases, through universal access to health care in the National Health Mission and
ensuring hygiene, sanitation and universal access to safe drinking water through
Swachh Bharat, in convergence with ICDS and with greater community ownership, for
improved nutrition outcomes.
This cycle is epitomized by the adverse sex ratio in young children in the 0-6 years age
group, denying the girl child her right to be born and her right to life. It is also evident in
other forms of gender based violence.
The Census 2011 data was a call for urgent action, because this highlighted that the
girl child is increasingly being excluded not only from economic development and
growth but from life itself. If not reversed urgently, the steeply declining Child Sex Ratio
will alter demography; erode gender justice, social cohesion and human development.
The findings highlighted the need to urgently address the unabated decline in the CSR
(0-6 years) in India, which has fallen from 927 in 2001 to an all-time low of 918 females
per 1000 males in 2011. It is also clear that this problem is becoming more widespread
with this decline being seen in 18 states and 3 UTs. The absolute levels of the CSR still
continue to be very low, even in some of the states where improvement is seen
between Census 2001 and Census 2011. To highlight best practices for key themes
related to Women, Child Rights, the Girl Child and
To enable interstate sharing and learning from these models through thematic
presentations,dialogue, state poster sessions and cluster/interest group interactions.
22
To evolve a strategy framework that synthesizes learning from these models for
adaptation/replication and enables innovation and new approaches.
To encourage mentoring support between states and continued learning, through the
formation of state interest groups, field based learning hubs and thematic e- networks.
Care and Protection of the Girl Child Beti Bachao Beti Padhao
GOVERNMENT ENACTMENTS
The National Commission for Women has in the last few years introduced several new
bills in the parliament from time to time towards eradication of many social evils. Some
of the significant enactments are mentioned here.
In the traditions at Hindu society there was a ban on widow remarriage it was one of the
most important evils from which women in the traditional Hindu society suffered a lot.
This act allowed widow to remarry and section 5 of this Act ensured her to enjoy all the
rights, which a married woman did.
The practice of child marriage was another social evil from which women in traditional
Hindu society suffered a lot. Age at marriage for girls was 9 or 10 and after passing this
act the minimum marriageable age of women was fixed to 15 years. Later this age was
increased up to 18 years.
In the traditional society women had no property rights. In the eyes of law she was a
minor or ward. This act recognized a widow of a deceased person as a surviving
personality with the same right as his in the joint property. Thus, through this Act
women in the Hindu society received the property right to a limited extent.
This Act has recognized the equal rights of men and women in the matters of marriage
and divorce. Under the provision of this Act either the man or woman can present a
petition in a court of law for divorce, wife has got equal right to divorce husband.
This Act recognized an equal right for women in the matter of inheritance of property.
She can inherit the property of her father along with her brothers. She can also sell or
mortgage the inherited property or use it for herself. For the first time absolute
ownership was conferred to a woman through this Act.
23
This Act aims to deal with the problem of prostitution and to promote the welfare of
fallen women. Main objectives of this Act are to reduce the scope of prostitution and to
reform prostitution under this Act. Every state is expected to set up protective home
and to appoint women police and women social workers. In protective homes these
fallen women will be given training in tailoring, toy and basket making and other crafts
so that they may earn for their maintenance in proper way.
The main objective of this Act is to abolish giving and taking dowry at the time of
marriage. The term dowry refers to a valuable property or thing, which is determined by
the parties to a marriage for a marriage. The practice of dowry had produced very bad
effects. Dowry system, dowry cases have not been reduced. Still this Act makes some
effort in bringing social change. The above mentioned are the important legislations,
which brought an upward trend in the status of women in India
Suggestions:
As we all know that India is a male dominated country where males are dominated in
every area and females are forced to be responsible for only family care and live in the
home including other many restrictions. Almost 50% of the population in India is
covered by the female only so the full development of the country depends on the half
population means women, who are not empowered and still restricted by many social
taboos. In such condition, we cannot say that our country would be a developed in the
future without empowering its half population means women. If we want to make our
country a developed country, first of all it is very necessary to empower women by the
efforts of men, government, laws and women too.
The need of women empowerment arose because of the gender discrimination and
male domination in the Indian society since ancient time. Women are being suppressed
by their family members and society for many reasons. They have been targeted for
many types of violence and discriminatory practices by the male members in the family
and society in India and other countries as well. Wrong and old practices for the women
in the society from ancient time have taken the form of well-developed customs and
traditions. There is a tradition of worshipping many female goddesses in India including
giving honour to the women forms in the society like mother, sister, daughter, wife and
other female relatives or friends. But, it does not mean that only respecting or
honouring women can fulfil the need of development in the country. It needs the
empowerment of the rest half population of the country in every walk of life.
Gender inequality is the main social issue in India in which women are getting back in
the male dominated country. Women empowerment needs to take a high speed in this
country to equalize the value of both genders. Uplifting of women in all means should
be the utmost priority of the nation. Inequalities between men and women in the society
generate lots of problems which become a big obstruction in the way to success of
nation. It is the birth rights of the women to get equal value to the men in the society. To
really bring empowerment, every woman needs to be aware about their rights from
their own end. They need to take positive steps and involve in every activities instead of
only involving in the household chores and family responsibilities. They should know
about all the happenings in their surroundings and country.
24
Women empowerment has the power to change many things in the society and country.
They are much better than men to deal with certain problems in the society. They can
better understand the disadvantages of the overpopulation for their family and country.
They are fully able to handle the economic conditions of the family and country through
proper family planning. Women are capable enough to handle any impulsive violence in
comparison to the men whether in the family or society.
Women empowerment is the better treatment of any big or small problems related to
human being, economy or environment. In few last years, the advantages of the women
empowerment are coming out in front of us. Women are being more conscious about
their health, education, career, job and responsibilities towards family, society and
country. They are taking part in the every area and showing their great interest in each
field. Finally, after long years of hard struggle they are getting their rights to go ahead
on the right track.
Conclusion:
The most critical component of womens empowerment is found to be education. It
leads to improved economic growth, low fertility rate, health and sanitation and an
awareness of factors that disempowered women. Work participation rate and political
participation also grows in womens education. The expansion of the market economy
and industrialization and globalization brought increased inequalities, resulting in loss of
livelihoods, erosion of natural resources and with it decreased womens access to water,
fuel, fodder and traditional survival resources. It also brought new forms of exploitation-
displacement, tourism, sex trade and retrenchment to mention a few. Women are being
pushed into less productive sectors. Increased pressure on rural resources accelerated
migration to urban areas in search of livelihood. People from backward regions, tribal
communities, disadvantaged castes and the displaced communities were being pushed
against the wall. Women in such countries shouldered the brunt and this phenomenon
was labelled feminisation of poverty.
the central issue in determining the status of women. The National Commission for
Women was set up by an Act of Parliament in 1990 to safeguard the rights and legal
entitlements of women. The 73rd and 74th Amendments (1993) to the Constitution
of India have provided for reservation of seats in the local bodies of Panchayats and
Municipalities for women, laying a strong foundation for their participation in
decision making at the local levels. 1.3 India has also ratified various international
conventions and human rights instruments committing to secure equal rights of
women. Key among them is the ratification of the Convention on Elimination of All
Forms of Discrimination Against Women (CEDAW) in 1993. 1.4 The Mexico Plan of
Action (1975), the Nairobi Forward Looking Strategies (1985), the Beijing
Declaration as well as the Platform for Action (1995) and the Outcome Document
adopted by the UNGA Session on Gender Equality and Development & Peace for the
21st century, titled "Further actions and initiatives to implement the Beijing
Declaration and the Platform for Action" have been unreservedly endorsed by India
for appropriate follow up. 1.5 The Policy also takes note of the commitments of the
Ninth Five Year Plan and the other Sectoral Policies relating to empowerment of
Women. 1.6 The womens movement and a wide-spread network of non-
Government Organisations which have strong grass-roots presence and deep insight
into womens concerns have contributed in inspiring initiatives for the
empowerment of women. 1.7 However, there still exists a wide gap between the
goals enunciated in the Constitution, legislation, policies, plans, programmes, and
related mechanisms on the one hand and the situational reality of the status of
women in India, on the other. This has been analyzed extensively in the Report of
the Committee on the Status of Women in India, "Towards Equality", 1974 and
highlighted in the National Perspective Plan for Women, 1988-2000, the
Shramshakti Report, 1988 and the Platform for Action, Five Years After- An
assessment" 1.8 Gender disparity manifests itself in various forms, the most
obvious being the trend of continuously declining female ratio in the population in
the last few decades. Social stereotyping and violence at the domestic and societal
levels are some of the other manifestations. Discrimination against girl children,
adolescent girls and women persists in parts of the country. 1.9 The underlying
causes of gender inequality are related to social and economic structure, which is
based on informal and formal norms, and practices. 1.10 Consequently, the access
of women particularly those belonging to weaker sections including Scheduled
Castes/Scheduled Tribes/ Other backward Classes and minorities, majority of whom
are in the rural areas and in the informal, unorganized sector to education, health
and productive resources, among others, is inadequate. Therefore, they remain
largely marginalized, poor and socially excluded. Goal and Objectives 1.11 The goal
of this Policy is to bring about the advancement, development and empowerment of
women. The Policy will be widely disseminated so as to encourage active
participation of all stakeholders for achieving its goals. Specifically, the objectives of
this Policy include (i) Creating an environment through positive economic and social
policies for full development of women to enable them to realize their full potential
(ii) The de-jure and de-facto enjoyment of all human rights and fundamental
26
freedom by women on equal basis with men in all spheres political, economic,
social, cultural and civil (iii) Equal access to participation and decision making of
women in social, political and economic life of the nation (iv) Equal access to
women to health care, quality education at all levels, career and vocational
guidance, employment, equal remuneration, occupational health and safety, social
security and public office etc. (v) Strengthening legal systems aimed at elimination
of all forms of discrimination against women (vi) Changing societal attitudes and
community practices by active participation and involvement of both men and
women. (vii) Mainstreaming a gender perspective in the development process. (viii)
Elimination of discrimination and all forms of violence against women and the girl
child; and (ix) Building and strengthening partnerships with civil society, particularly
womens organizations. Policy Prescriptions Judicial Legal Systems Legal-judicial
system will be made more responsive and gender sensitive to womens needs,
especially in cases of domestic violence and personal assault. New laws will be
enacted and existing laws reviewed to ensure that justice is quick and the
punishment meted out to the culprits is commensurate with the severity of the
offence. 2.2 At the initiative of and with the full participation of all stakeholders
including community and religious leaders, the Policy would aim to encourage
changes in personal laws such as those related to marriage, divorce, maintenance
and guardianship so as to eliminate discrimination against women. 2.3 The
evolution of property rights in a patriarchal system has contributed to the
subordinate status of women. The Policy would aim to encourage changes in laws
relating to ownership of property and inheritance by evolving consensus in order to
make them gender just. Decision Making 3.1 Womens equality in power sharing
and active participation in decision making, including decision making in political
process at all levels will be ensured for the achievement of the goals of
empowerment. All measures will be taken to guarantee women equal access to and
full participation in decision making bodies at every level, including the legislative,
executive, judicial, corporate, statutory bodies, as also the advisory Commissions,
Committees, Boards, Trusts etc. Affirmative action such as reservations/quotas,
including in higher legislative bodies, will be considered whenever necessary on a
time bound basis. Womenfriendly personnel policies will also be drawn up to
encourage women to participate effectively in the developmental process.
Mainstreaming a Gender Perspective in the Development Process 4.1 Policies,
programmes and systems will be established to ensure mainstreaming of womens
perspectives in all developmental processes, as catalysts, participants and
recipients. Wherever there are gaps in policies and programmes, women specific
interventions would be undertaken to bridge these. Coordinating and monitoring
mechanisms will also be devised to assess from time to time the progress of such
mainstreaming mechanisms. Womens issues and concerns as a result will specially
be addressed and reflected in all concerned laws, sectoral policies, plans and
programmes of action. Economic Empowerment of women Poverty Eradication 5.1
Since women comprise the majority of the population below the poverty line and
are very often in situations of extreme poverty, given the harsh realities of intra-
27
Women at present cannot work in night shift in factories even if they wish to.
Suitable measures will be taken to enable women to work on the night shift in
factories. This will be accompanied with support services for security, transportation
etc. Support Services 5.8 The provision of support services for women, like child
care facilities, including crches at work places and educational institutions, homes
for the aged and the disabled will be expanded and improved to create an enabling
environment and to ensure their full cooperation in social, political and economic
life. Women-friendly personnel policies will also be drawn up to encourage women
to participate effectively in the developmental process. Social Empowerment of
Women Education 6.1 Equal access to education for women and girls will be
ensured. Special measures will be taken to eliminate discrimination, universalize
education, eradicate illiteracy, create a gender-sensitive educational system,
increase enrolment and retention rates of girls and improve the quality of education
to facilitate life-long learning as well as development of
occupation/vocation/technical skills by women. Reducing the gender gap
insecondary and higher education would be a focus area. Sectoral time targets in
existing policies will be achieved, with a special focus on girls and women,
particularly those belonging to weaker sections including the Scheduled
Castes/Scheduled Tribes/Other Backward Classes/Minorities. Gender sensitive
curricula would be developed at all levels of educational system in order to address
sex stereotyping as one of the causes of gender discrimination. Health 6.2 A holistic
approach to womens health which includes both nutrition and health services will
be adopted and special attention will be given to the needs of women and the girl at
all stages of the life cycle. The reduction of infant mortality and maternal mortality,
which are sensitive indicators of human development, is a priority concern. This
policy reiterates the national demographic goals for Infant Mortality Rate (IMR),
Maternal Mortality Rate (MMR) set out in the National Population Policy 2000.
Women should have access to comprehensive, affordable and quality health care.
Measures will be adopted that take into account the reproductive rights of women to
enable them to exercise informed choices, their vulnerability to sexual and health
problems together with endemic, infectious and communicable diseases such as
malaria, TB, and water borne diseases as well as hypertension and cardio-
pulmonary diseases. The social, developmental and health consequences of
HIV/AIDS and other sexually transmitted diseases will be tackled from a gender
perspective. 6.3 To effectively meet problems of infant and maternal mortality, and
early marriage the availability of good and accurate data at micro level on deaths,
birth and marriages is required. Strict implementation of registration of births and
deaths would be ensured and registration of marriages would be made compulsory.
6.4 In accordance with the commitment of the National Population Policy (2000) to
population stabilization, this Policy recognizes the critical need of men and women
to have access to safe, effective and affordable methods of family planning of their
choice and the need to suitably address the issues of early marriages and spacing
of children. Interventions such as spread of education, compulsory registration of
marriage and special programmes like BSY should impact on delaying the age of
29
marriage so that by 2010 child marriages are eliminated. 6.5 Womens traditional
knowledge about health care and nutrition will be recognized through proper
documentation and its use will be encouraged. The use of Indian and alternative
systems of medicine will be enhanced within the framework of overall health
infrastructure available for women. Nutrition 6.6 In view of the high risk of
malnutrition and disease that women face at all the three critical stages viz.,
infancy and childhood, adolescent and reproductive phase, focussed attention
would be paid to meeting the nutritional needs of women at all stages of the life
cycle. This is also important in view of the critical link between the health of
adolescent girls, pregnant and lactating women with the health of infant and young
children. Special efforts will be made to tackle the problem of macro and micro
nutrient deficiencies especially amongst pregnant and lactating women as it leads
to various diseases and disabilities. 6.7 Intra-household discrimination in nutritional
matters vis--vis girls and women will be sought to be ended through appropriate
strategies. Widespread use of nutrition education would be made to address the
issues of intra-household imbalances in nutrition and the special needs of pregnant
and lactating women. Womens participation will also be ensured in the planning,
superintendence and delivery of the system. Drinking Water and Sanitation 6.8
Special attention will be given to the needs of women in the provision of safe
drinking water, sewage disposal, toilet facilities and sanitation within accessible
reach of households, especially in rural areas and urban slums. Womens
participation will be ensured in the planning, delivery and maintenance of such
services. Housing and Shelter 6.9 Womens perspectives will be included in housing
policies, planning of housing colonies and provision of shelter both in rural and
urban areas. Special attention will be given for providing adequate and safe housing
and accommodation for women including single women, heads of households,
working women, students, apprentices and trainees. Environment 6.10 Women will
be involved and their perspectives reflected in the policies and programmes for
environment, conservation and restoration. Considering the impact of
environmental factors on their livelihoods, womens participation will be ensured in
the conservation of the environment and control of environmental degradation. The
vast majority of rural women still depend on the locally available non-commercial
sources of energy such as animal dung, crop waste and fuel wood. In order to
ensure the efficient use of these energy resources in an environmental friendly
manner, the Policy will aim at promoting the programmes of non-conventional
energy resources. Women will be involved in spreading the use of solar energy,
biogas, smokeless chulahs and other rural application so as to have a visible impact
of these measures in influencing eco system and in changing the life styles of rural
women. Science and Technology 6.11 Programmes will be strengthened to bring
about a greater involvement of women in science and technology. These will include
measures to motivate girls to take up science and technology for higher education
and also ensure that development projects with scientific and technical inputs
involve women fully. Efforts to develop a scientific temper and awareness will also
be stepped up. Special measures would be taken for their training in areas where
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they have special skills like communication and information technology. Efforts to
develop appropriate technologies suited to womens needs as well as to reduce
their drudgery will be given a special focus too. Women in Difficult Circumstances
6.12 In recognition of the diversity of womens situations and in acknowledgement
of the needs of specially disadvantaged groups, measures and programmes will be
undertaken to provide them with special assistance. These groups include women in
extreme poverty, destitute women, women in conflict situations, women affected by
natural calamities, women in less developed regions, the disabled widows, elderly
women, single women in difficult circumstances, women heading households, those
displaced from employment, migrants, women who are victims of marital violence,
deserted women and prostitutes etc. Violence against women 7.1 All forms of
violence against women, physical and mental, whether at domestic or societal
levels, including those arising from customs, traditions or accepted practices shall
be dealt with effectively with a view to eliminate its incidence. Institutions and
mechanisms/schemes for assistance will be created and strengthened for
prevention of such violence , including sexual harassment at work place and
customs like dowry; for the rehabilitation of the victims of violence and for taking
effective action against the perpetrators of such violence. A special emphasis will
also be laid on programmes and measures to deal with trafficking in women and
girls. Rights of the Girl Child 8.1 All forms of discrimination against the girl child and
violation of her rights shall be eliminated by undertaking strong measures both
preventive and punitive within and outside the family. These would relate
specifically to strict enforcement of laws against prenatal sex selection and the
practices of female foeticide, female infanticide, child marriage, child abuse and
child prostitution etc. Removal of discrimination in the treatment of the girl child
within the family and outside and projection of a positive image of the girl child will
be actively fostered. There will be special emphasis on the needs of the girl child
and earmarking of substantial investments in the areas relating to food and
nutrition, health and education, and in vocational education. In implementing
programmes for eliminating child labour, there will be a special focus on girl
children. Mass Media 9.1 Media will be used to portray images consistent with
human dignity of girls and women. The Policy will specifically strive to remove
demeaning, degrading and negative conventional stereotypical images of women
and violence against women. Private sector partners and media networks will be
involved at all levels to ensure equal access for women particularly in the area of
information and communication technologies. The media would be encouraged to
develop codes of conduct, professional guidelines and other self regulatory
mechanisms to remove gender stereotypes and promote balanced portrayals of
women and men. Operational Strategies Action Plans 10.1 All Central and State
Ministries will draw up time bound Action Plans for translating the Policy into a set of
concrete actions, through a participatory process of consultation with Centre/State
Departments of Women and Child Development and National /State Commissions
for Women. The Plans will specifically including the following: - i) Measurable goals
to be achieved by 2010. ii) Identification and commitment of resources. iii)
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and atrocities against girls and women. (d) Womens Cells in Police Stations,
Encourage Women Police Stations Family Courts, Mahila Courts, Counselling
Centers, Legal Aid Centers and Nyaya Panchayats will be strengthened and
expanded to eliminate violence and atrocities against women. (e) Widespread
dissemination of information on all aspects of legal rights, human rights and other
entitlements of women, through specially designed legal literacy programmes and
rights information programmes will be done. Gender Sensitization 14.1 Training of
personnel of executive, legislative and judicial wings of the State, with a special
focus on policy and programme framers, implementation and development
agencies, law enforcement machinery and the judiciary, as well as non-
governmental organizations will be undertaken. Other measures will include: (a)
Promoting societal awareness to gender issues and womens human rights. (b)
Review of curriculum and educational materials to include gender education and
human rights issues (c) Removal of all references derogatory to the dignity of
women from all public documents and legal instruments. (d) Use of different forms
of mass media to communicate social messages relating to womens equality and
empowerment. Panchayati Raj Institutions 15.1 The 73rd and 74th Amendments
(1993) to the Indian Constitution have served as a breakthrough towards ensuring
equal access and increased participation in political power structure for women. The
PRIs will play a central role in the process of enhancing womens participation in
public life. The PRIs and the local self Governments will be actively involved in the
implementation and execution of the National Policy for Women at the grassroots
level. Partnership with the voluntary sector organizations 16.1 The involvement of
voluntary organizations, associations, federations, trade unions, non-governmental
organizations, womens organizations, as well as institutions dealing with education,
training and research will be ensured in the formulation, implementation,
monitoring and review of all policies and programmes affecting women. Towards
this end, they will be provided with appropriate support related to resources and
capacity building and facilitated to participate actively in the process of the
empowerment of women. International Cooperation 17.1 The Policy will aim at
implementation of international obligations/commitments in all sectors on
empowerment of women such as the Convention on All Forms of Discrimination
Against Women (CEDAW), Convention on the Rights of the Child (CRC), International
Conference on Population and Development (ICPD+5) and other such instruments.
International, regional and sub-regional cooperation towards the empowerment of
women will continue to be encouraged through sharing of experiences, exchange of
ideas and technology, networking with institutions and organizations and through
bilateral and multi-lateral partnerships.