RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

PUNJAB

POLITICAL SCIENCE(MINOR) PROJECT

TOPIC: THREE WAVES OF FEMINISM

SUBTOPIC: FEMINISM: THE INDIAN PRESPECTIVE

SUBMITTED BY: DIVYANSHU GANESH

SUBMITTED TO: MR. SAURAV SARMAH

GROUP NUMBER: 21 ROLL NUMBER: 20218

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 Table of Contents
1. INTRODUCTION……………………………………………………….3
1.1 Prominent Feminists……………………………………………………..4
2. DALIT FEMINISM……………………………………………………..5
2.1 National Federation of Dalit Women…………………………………...6
2.2 Role of Press and Literature…………………………………………….7
3. SEXUAL HARASSMENT AT WORKPLACE AND RAPE
LAWS IN INDIA...........................................................................................8

3.1 Vishaka Guidelines……………………………………………………..8

3.2 Andhra Pradesh Disha Bill (2019)……………………………………..8

4. REPRODUCTIVE RIGHTS………………………………………...10

4.1 Role of Government and Courts……………………………………....10

4.2 Surrogacy (Regulation) Bill (2019)……………………………………12

4.3 Assisted Reproductive Technology (Regulation) Bill (2020)…………13

4.4 Medical Termination of Pregnancy (Amendment) Bill (2020)………14

5. WOMEN IN THE ARMED FORCES……………………………..15

5.1 Indian Army…………………………………………………………….15

5.2 Indian Navy……………………………………………………………..16

5.3 Indian Air Force………………………………………………………..17

6. CONCLUSION………………………………………………………….18

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 1.INTRODUCTION
„Feminism‟ is an idea that advocates that women should the same economic, legal, political,
reproductive and social rights as men, in the western feminism is divided into three waves but
in India the case was different. The major difference between the two was that in India the
feminist movement was started by prudent men, and later joined by women. These were
socio-reform movements which demanded gender justice, female education and literacy,
abolition of practices like- Sati, child marriage, polygamy etc. but the demerit of it was that it
was concerned with Hinduism in general and upper caste women in particular. Since, its
inception the movements outreach, style and inclusiveness has been continuously changing
with course of time.

The movement was the result of colonial rule and exposure to western education. The
organizations like- Arya Samaj, Brahmo Samaj and Satya Sodhak Samaj not only promoted
education and liberty for women but also introduced free-choice marriages among young
couples, activities like self-defence and martial art were also taught to the women. By the
year 1860 many took teaching and nursing as a career.

But the women were still confined to their traditional roles as wives and mothers, and
education was aimed to make them better wives and mothers, capable of being enlightened
partners to their husbands. They did not envisage any public role for women. Mahatma
Gandhi drew them into the national movement and legitimised their public role, but this too
was mooted insofar as he extolled the essential nature of women as self-sacrificing mothers
befitting them for participation in the national movement.1

After independence a new generation of women was took the movement in their hands, they
were more articulate, politically aware of their rights. They identified the patriarchal structure
of the society as well as the women‟s oppression. This period also saw the establishment of
many feminist organisations who represented the voices of the women in a more a
comprehensive and efficient manner. It is because of their efforts that the government signed
many international conventions concerned with women‟s rights and also the National
Women‟s Commission as well as commissions at the state level were established. The
weapons used by them for the acceptance of their demands were street plays, seminars,
demonstrations as well as letters and telegrams to various government and judicial offices.

1
Maithreyi Krishnaraj, “The Women‟s Movement in India: A Hundred Year History”, Sage, Vol. 42, 2012, pg. 327.

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In the 1990‟s the movement split into two parts one led by the women of the upper caste,
while the other was led by Dalit women, who were overlooked by the mainstream feminist
movement.

Over the years, it has resulted in the outburst of cultural and literary activities, through which
these women voice their plights, demands and opinions. It has also had positive outcomes
like the establishment of National Women‟s Commission and the Women Reservation Bill
etc.

1.1 Prominent Feminists

 Savitribai Phule: She is regarded as the flag bearer and one of the most prominent
women of Indian Feminist Movement. She along with her husband Joytiba Phule
recognized education and literacy as the weapon to improve the situation of women,
particularly those from the lower caste. The couple opened the first girls‟ school in
India in the year 1848 and also established several shelter homes and orphanages to
provide shelter and support to poor and victimized widows. She promoted education
in a non-discriminatory and secular manner at a time when communalism was on the
rise in the country. In the year 1873, the couple founded the Satya Shodhak Samaj gto
mitigate the distress and hardship of Dalits, women and common people. She was the
head of the Women‟s Wing of the Society.
 Ruth Manorama: The mainstream Indian Feminist Movement overlooked the stakes
and voices of the Dalit women in India. It only focused on the patriarchal attitude of
the society and ignored the effect of the caste system on the Dalit women. The lower
caste women were the exploited one. They were not only exploited by the people
belonging to the upper caste but also by men from within their own caste. Most of
them were illiterate and hence were not aware of their legal and constitutional rights
and were unable to voice their opinions. In the 1990‟s all this changed with the
establishment of the National Federation of Dalit Women, by Ruth Manorama. It was
a body exclusively concerned with the problems and solutions of the Dalit women,
which represented Dalit women nationally as well as internationally.

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 2.DALIT FEMINISM
The precursor of the Indian Feminist Movement, were the social reform movements like-
Brahmo Samaj, Arya Samaj and Satya Shodhak Samaj etc., which started during the colonial
times with the aim of curing the Indian society of the various ills that plagued it at that time.
At the forefront of this movement were Dalit husband and wife, Savitribai Phule and her
husband Joytiba Phule. They promoted female education and literacy irrespective of a
woman‟s religion, caste or strata of the society she belonged to. But the feminist movement
that took birth as a consequence of all this were led the by upper caste women, who focused
only on the patriarchal domination while ignoring issues like- untouchability, feudal caste
system etc., this resulted in the stifling of the voices and experiences of Dalit women.

The Dalit women were made aware of this through the writings of prudent men like Jotiba
Phule, who wrote „Ghulamgiri‟ which highlighted the hardship, oppression and distress faced
by Dalits in general and women in particular because of Brahmin domination and Dr B.R.
Ambedkar‟s paper „Castes in India‟ in which he gave the concept of endogamy (the practice
of marrying within a particular caste), as the basis of the caste system, with the sole purpose
of controlling women‟s lives and sexuality. All this was further exacerbated by practices such
as Sati, polygamy, child marriage and denial of basic amenities to women belonging to the
lower castes- water, clothing, food, shelter etc.

This resulted in the splitting of women in the 1990‟s, from the mainstream Indian Feminist
Movement and formation of „Dalit Feminist Movement‟, for separate representation of the
concerns and ideologies of the women belonging to the lower caste.

The concept of the Dalit feminist is derived from the concept of „standpoint theory‟, which
refers to a feminist school of thought born from Marxism, arguing in favour of the production
of knowledge that stems from social epistemological positions. The emancipatory potential
vested in the Black feminist standpoint encouraged several narratives by Dalit women to
produce feminist knowledge from their own vantage points considering how Dalit feminists
too, are not a homogeneous entity by themselves. Dalit feminist standpoint, therefore, refers
to a spectrum of knowledge consisting of individual testimonies of marginalised women‟s
experiences within the larger social structures.2 A Dalit feminist standpoint gives prime
importance to „difference‟ as a factor. Therefore, the concerns of caste and gender get

2
Shainal Verma, „Towards A Dalit Feminist Standpoint- The Emancipatory Project For All Women‟ (2020) feminisminindia.com, at
https://feminisminindia.com/2020/07/16/dalit-feminist-standpoint-theory-intersectionality-indian-feminism/. (last accessed 9 Dec.)

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transformed as the main facets of the Dalit women‟s mobilisation. The movement found its
first autonomous expression through the formation of National Federation of Dalit Women in
New Delhi, 1995.3

The first task they accomplished was to present the world their own analysis and
interpretation of Indian History which was neglected by the mainstream feminist movement.
It primarily focused on the Indian Feminist Movement, the life and experiences of Dalit
women, their demands and agitation against their suppression in various spheres of the
society.

According to the National Crime Records Bureau data (2016), within the Scheduled Castes
most crimes are committed against the Dalit women, with the offence of rape having the
statistics of four Dalit women every day. The primary motive behind these crimes is to show
the Dalit women their position in the society and exhort the dominance of the upper castes,
usually either no action is taken by the authorities or investigation starts very late. This
happens because the people belonging to the lower castes are not aware of their rights and
society considers these incidents as insignificant.

2.1 National Federation of Dalit Women

The Dalit women have been very active throughout the history of India and have participated
and played critical roles in anti-caste, land rights and prohibition of untouchability
movements, though their efforts were never recorded because the mainstream chose not to
focus on them. Many Dalit women are prolific writers, excellent thinkers and visionary
leaders in the Panchayati Raj institutions. But all this nullified and decelerated because of the
discrimination, violence and social exclusion they face on a daily basis, the most astonishing
thing is their sexual exploitation happens within their own community, the men see it as a
way compensate their lack of respect and authority in the society. Usually, no investigation or
proceedings are carried out by the police or judiciary respectively because the women are not
aware of their rights.

In the 1990‟s when the Dalit women were mooting a way to solve their individual problems
(as women and Dalit) as well as forge their own identity, separately from the mainstream
feminist movement. This resulted in the formation of National Federation of Dalit Women

3
ibid.

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which a pan-India non-governmental organization which represented Dalit women nationally
as well as internationally in 1995 by Ruth Manorama. It also acted as channel between the
Dalit women and the government and reminded it about it constitutional as well international
(by virtue of international treaties) obligations with respect to Dalit women. It also made the
Dalit women aware of their rights and privileges given to them by the Constitution.

The highlight of the federation was when it represented Dalit women in India at the World
Conference of Women (1995) and the World Conference against Racism (2001).

2.2 Role of Press and Literature

Khabar Lahariya: It is an Indian newspaper which is written, edited, distributed etc. by
women belonging to the lower and backward classes and is published in the various rural
dialects of Hindi in the northern part of India. It contains news related to the spheres of
politics, economics, as well as prevalent social and cultural issues and special emphasis on
gender justice and equality. It was started by „Nirantar‟, a NGO based in New Delhi.

The newspaper has won several laurels over the years which include Global Media Forum
Award (Deutsche Welle), King Sejong Literacy Prize (UNESCO), Chameli Devi Jain Award
etc.

Initially, Dalit women were not able express themselves and needed translators as well as
interlocutors because most of them were illiterate and had severe self-confidence issues, but
over the course of time they realized that they were the most qualified ones to explain their
plight and unheard voices. Various Dalit feminist writers have written quality literature,
songs and poems in different languages to explain the dynamics of caste and their treatment
both within and outside their castes.

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 3. SEXUAL HARASSMENT AT WORKPLACE AND
RAPE LAWS IN INDIA

3.1 Vishaka Guidelines

The Vishaka Guidelines were laid down by the Supreme Court in the year 1997, while
passing the judgement in a public interest litigation filed by Vishaka and other women‟s
rights groups over the infamous rape Bhanwari Devi gang rape case, a social worker from
Rajasthan had in 1992 prevented the marriage of a one-year old girl, inviting wrath of the
villagers. The gang rape was allegedly an act of revenge.4 Hearing the PIL, the apex court
took note of the fact that the civil and penal laws of the time did not adequately provide for
specific protection of women from sexual harassment at workplaces, and made it legally
binding for employers to observe some guidelines to ensure prevention of sexual harassment
of women.5 This led to the formation of internal complaint committee in every workplace to
handle such situations. The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act of 2013, replaced the Vishaka Guidelines. It was a more
clearer, efficient and streamlined version of the guidelines which not only defined various
terms but also expanded the strength of the internal complaints committee.

3.2 Andhra Pradesh Disha Bill (2019)

The state legislative assembly of Andhra Pradesh passed, the Andhra Pradesh Disha Bill,
2019 (also known as Andhra Pradesh Criminal Law Amendment Act, 2019), which was
named after the veterinarian who was brutally raped and murdered in Hyderabad last year.

The bill makes significant changes to the IPC (1860), CrPC (1973) and the POCSO Act
(2012). Some of the merits of the bill are- 1) it guarantees death penalty to the offender if
adequate conclusive evidence is present, 2) reduces time of investigation and trial to 21 days
from 4 months, 3) life imprisonment for rape as well as other grievous sexual offences if it
involves a child, 4) inclusion of cases of online harassment through- email, social media or

4
Sanghamitra Mazumdar, „What are Vishaka guidelines? Know what constitutes sexual harassment at workplace‟ (2018) thestatesman.com,
available at https://www.thestatesman.com/supplements/law/vishaka-guidelines-know-what-constitutes-sexual-harassment-at-workplace-
1502694883.html. (last accessed 9 Dec.)
5
ibid.

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any other digital mode in the IPC (1860), 5) creation and maintenance of a digital registry of
offenders and 6) the formation of special courts to ensure speedy trial

The bill streamlines and improves nearly all legislations connected with rape and other sexual
offences and makes them more efficient and deterrent. It also takes into notice the crimes that
can be committed using technology and places safeguards for that. The provisions were
created keeping in mind the victim, his/her family and the attitude of society towards such
crimes.

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 4.REPRODUCTIVE RIGHTS
The idea of „reproductive rights‟ has always been a debated and controversial one, as things
like family planning, abortion and birth control which forms the bedrock of the rights are
concomitantly connected with the fields of politics, religions, morals, and ethics and over the
course of time this debate has become more fervent due the advancement in technology,
advent of social media and mass awareness among masses in general and stakeholders in
particular. Reproductive rights include within its ambit the rights and freedom of an
individual to plan a family in a willing and responsible manner, termination of pregnancy,
availability and use of contraceptives, to learn about sexual education in schools and colleges,
and a healthcare system which has the requisite infrastructure as well as provides all time
access. Most importantly, all this should be free from violence, coercion, and discrimination.

The realisation of reproductive rights is considered mandatory for the attainment of „human
rights‟ because it intersects with various and diverse rights like- political, economic, cultural,
social and legal rights- health, life, privacy, equality, prohibition of discrimination etc..
Violations of reproductive rights not only results in the infringement of legal and
fundamental rights like Article 14 (right to equality), Article 15 (prohibition against
discrimination), Article 21 (right to life, from which rights like health, privacy, dignity etc.
are all derived from), but it also results in physical and mental hurt to the individual.

4.1 Role of Government and Courts

The reproductive rights encompass gamut of rights like- political, economic, social, and legal
etc. and hence, government‟s management, regulation and intervention is mandatory. It is the
State‟s obligation to not only provide and propagate comprehensive and efficient
reproductive medical services and sexual education respectively, but also ensure lower rates
of infant and maternal mortality, unsafe and deadly abortions and a society where people are
well informed about their reproductive rights and take decisions about it in a non-violent
manner, which is free from discrimination, coercion, and unaccountability.

In a large and diverse country such as India for the fulfilment and attainment of reproductive
rights, capable, efficient and developed heath care system is needed, which provides
comprehensive, quality, affordable and timely services. On paper, India was one of the first
countries in the world to make legislations and policy framework that recognized

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reproductive rights and provided access to things like abortion, contraception, sexual
education and family planning but in reality, even now girls and women struggle to get access
to quality healthcare services and still there is no body in the country which acts as a channel
between the government and the demands of the women regarding reproductive rights. The
reason for this is the attitude of the government, which focuses more on population control
rather than women‟s rights and reproductive autonomy, all this exacerbated by things like-
underage and child (below 18 years) marriages, discriminatory legislative provisions and lack
of infrastructure. According to the „National Population Policy‟ of the country, it is the duty
of the government to guarantee and provide access to plethora of contraceptive methods, but
on analysing the records it has been found that the government is interested only in female
sterilization, which is promoted through schemes and is based on targets this opens the door
for coercion, risky and substandard medical procedures and denial of other methods of
contraception. The health care system is plagued by problems such as lack of investment,
skilled personnel, medical and diagnostic equipment, and proper infrastructure.

The past decades has also seen the privatisation of healthcare system and this has resulted in
further worsening in the access, affordability, quality and efficiency, due to lack of
legislative and regulatory safeguards. The worst affected are the women belonging to the
marginalised communities, who because of factors such as accessibility, affordability, and
most importantly the treatment meted out to them, have chosen to stay away and are reluctant
to seek healthcare services. For India to be considered a „welfare state‟ in letter and spirit it
must ensure, especially the government that these facilities reach the most vulnerable sections
of the society (marginalised women, sex workers, and members of the LGBTQ community)
in an impartial, timely and affordable manner.

In sharp contrast to the government, the Supreme Court and the High Courts of several states
have given many progressive and prudent judgements, which recognized reproductive rights
as a part of fundamental and human rights, whose violation results in the denial of gender
justice, sexual autonomy of women, right to equality, and right to privacy etc.

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4.2 Surrogacy (Regulation) Bill (2019)
In the practice of „surrogacy‟ a woman (surrogate mother) gives birth to a child with the aim
of handing over the child to a couple, called „intending couple‟. It ordinarily, involves the
extraction of unfertilized eggs from the intending mother, the artificial fertilization of that egg
outside the womb and finally, medically implanting it in the uterus of the surrogate mother. It
is of two types-1) commercial surrogacy and 2) altruistic surrogacy, the difference between
the two, is that in the former the surrogate mother is given money and other gifts by the
intending couple for her services whereas in the latter there are no monetary considerations
except medical expenses, counselling, rehabilitation and insurance costs.

The Surrogacy (Regulation) Bill seeks to regulate surrogacy in India, by mandatory

registration of surrogacy clinics and establishment of national and state surrogacy boards to
regulate these clinics, penal provisions have also been inserted for those who abandon the
surrogate child or are found to be in contravention of the bill. The bill has also bans
commercial surrogacy and allows only altruistic surrogacy, where the surrogate mother is a
close relative of the couple and has a child of her own. It is applicable to only those Indian
and married intending couple, who have been medically proved to be infertile and have been
married for at least five year. Also, the intending couple should not have any surviving
biological or adopted child; the only exception is when the child is either mentally or
physically challenged or is suffering from an incurable life-threatening disease.

The bill though progressive and prudent, is marred by discrepancies, and is discriminatory
and short-sighted. It ignores and disallows single, divorced, or widowed women as well as
unmarried couples and homosexuals. By putting a blanket ban on commercial surrogacy it
also violates a women‟s right to livelihood. All this is in contravention of Supreme Court
judgements like Navtej Singh Johar vs Union of India (which decriminalised homosexuality,
between consensual and consenting adults), etc. as well as fundamental rights like Article 14,
Article 15, and Article 21.

The bill has been passed by the Lok Sabha and is yet to be passed in the Rajya Sabha, is
currently being analysed and checked by a Select Committee of the Parliament. The
Committee has made some recommendations which if approved will be incorporated to the
bill. The recommendations include- removing of the close relative clause, inclusion of
divorced and widowed women between the age of 35 and 45 years in the bill and apart from
medical expenses and insurance the intending couple also bearing the cost of psychological

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counselling, medications and dietary supplements and post-delivery care, though the
Committee‟s recommendation will remove some of the discrepancies but in order for the bill
to emulate the true spirit of the Indian Constitution and Supreme Court‟s judgements many
more radical changes are required, so that there is no discrimination and voices of all
stakeholders are heard.

4.3 Assisted Reproductive Technology (Regulation) Bill

(2020)
Assisted Reproductive Technology (ART) is a scientific technique through which infertile
couple can have children. It generally involves the cryopreservation of gametes, use of
fertility medication, and vitro fertilization etc. and in simple language works by the removal
of eggs from the woman‟s body, then artificially mixing it with sperm outside the body and
finally, putting it back in the body and implanting it in the uterus.

India lacks any legislative or judicial tool to regulate ART services in the country, and this
has resulted propping up ART centres in various parts of the country. Over the course of few
years, India has become one of the major centres of the ART services. Every year many
people from foreign countries visit India to avail these services. This opens the room for
exploitation of women and children, substandard procedures and hiding of crucial
information.

The Assisted Reproductive Technology (Regulation) Bill (2020) seeks to regulate the ART
services in the country and for this purpose a National Board will be established, it will
prescribe the mandatory code of conduct, minimum standards of equipment, physical
infrastructure and the expertise of the people to be employed in the clinics and banks. The
National Board will be assisted by the various State boards, which will also implement its
policies and plans. A National Registry and Registration Authority will also be established its
job will be to assist the National Board and also provide transparency and accountability.

The bill is yet to be approved by both the Houses of the Parliament and can said to be in its
infancy as only the outline of the bill is known and will eventually develop when it gets
passed by the Parliament and further scrutinised by a Select Committee. However, the
intentions of the bill are praiseworthy and commendable.

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4.4 Medical Termination of Pregnancy (Amendment) Bill
(2020)
Abortion is one of the bedrock of reproductive rights. The Medical Termination of Pregnancy
(Amendment) Bill (2020) seeks to regulate the process of abortion in India, increases the time
period of abortion, and introduces some progressive terms and penal clauses. The courts have
time and again reiterated that unwanted pregnancy results in physical as well as mental hurt
to a woman.

Currently, a married lady can abort a foetus on the advice one Registered Medical
Practitioner (RMP) till 12 weeks, and between 12 to 20 weeks, the advice of two RMP. The
bill seeks to amend it, if passed now the advice one RMP will be needed up to 20 weeks and
between 20 to 24 weeks the advice of two RMP, will be needed. For every State and Union
Territory, Medical Boards will be established, whose job will be to handle those cases of
abortion, where pregnancy is beyond 24 weeks (only in cases of foetal abnormalities). The
bill changes the term „husband‟ in the previous iteration of the bill to „partner‟ so that marital
status does not affect abortion and also punishes those who breach the privacy of the woman.

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 5.WOMEN IN THE AEMED FORCES
Throughout the history of Indian Subcontinent women have not only been part of battles but
also have led them. Historically, Rani Laxmibai of Jhansi, was one of the most important
leaders of the Revolt of 1857, Razia Sultana, was a Sultan of Delhi Sultanate, the role played
by Indian women during World War 1 and World War 2 as nurses in the British Indian Army,
and the Rani of Jhansi Regiment of the Indian National Army (INA), have all served as an
inspiration for the women in India. In the contemporary times, initially the belief that military
activities required the application of brute and lethal force, a trait only displayed by a man, as
well as the tenet of psychological superiority of a man dominated the armed forces.
According to the traditional implicit dictate prevalent during those times, it was a man who
protected his nation and fought for peace, home and family, a woman‟s job on the other hand
was to make and maintain a family rather than fight for it.

The Women Special Entry Scheme (WSES) marked the official induction of women into the
Indian Armed Forces; they were commissioned for a period of five years in only a few
chosen branches like- Army Education Corps, Corps of Signals, Intelligence Corps and Corps
of Engineers. The women under this scheme had a shorter training time as compared to men
who were commissioned under Short Service Scheme (SSC). This decision was not a very
welcomed one within the armed forces which was had been a stronghold of men till then,
who came from traditional and conservative families and envisioned women in the traditional
and familial roles only.

Over the course of time, this preconceived idea has changed with scientific and technological
advancements, and the advent of proxy and cyber warfare. This change in the military order
and tactics now required intellect than strength, a woman‟s inherent virtues of multi-tasking,
carefulness, and being headstrong has made them more suitable than men in many branches
of the armed forces.

5.1 Indian Army

In the year 2006, the Women Special Entry Scheme (WSES) was replaced with the Short
Service Commission (SSC) scheme which was already applicable to men, but the rules
regarding the grant of Permanent Commission was different for the two genders. The men
were granted Permanent Commission of their choice after 10 years (which marked the

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completion of SSC) while the women were not granted PC on the completion of SSC, which
was further extendable up to 14 years and this inherently discriminatory and regressive. This
resulted in the exclusion of women from command posts and they were also not qualified for
government pension as it required minimum 20 years of service in the armed forces.

In the year 2003, this was challenged by Babita Puniya in the Delhi High Court and it was
followed by a writ petition, in 2006 filed by Major Leena Gaurav. Both the cases demanded
Permanent Commission in all the 10 streams for the women of the Indian Army serving in the
SSC scheme. In 2008, the Ministry of Defence granted PC to the women officers but only in
Judge Advocate General (JAG) and the Army Education Corps (AEC) streams but this order
was contested before the Delhi High Court by Major Sandhya Yadav . The Delhi High Court
adjudicated all the three cases together and gave its verdict in favour of the women officers.
But the government challenged it in the Supreme Court and did not implement the HC‟s
order, finally in the year 2020 the SC upheld the verdict of the Delhi High Court and hence,
brought them in par with their male counterparts by making them eligible for opting any of
the 10 streams for grant of the PC. The SC termed the policy of the government as
fundamentally flawed.

The women officers can now rise to the rank of Colonel and above based on their merit and
can even lead a battalion.

5.2 Indian Navy

The Supreme Court after its judgement to grant PC to the women officers of the Indian
Army, it repeated the same judgement for the women officers of Indian Navy, terming not
granting of PC would be a great injustice to the officers who have served their nations. It also
dismissed the contentions of the government like- physiology, motherhood and the Russian
naval vessels not having the required toilets and facilities.

The SC was of the opinion that a, 101 excuses are no answer to the constitutional entitlement
to dignity, which attaches to every individual irrespective of gender, to fair and equal
conditions of work and to level playing field. A level playing field ensures that women have

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the opportunity to overcome their histories of discrimination with the surest of responses
based on their competence, ability and performance.6

5.3 Indian Air Force

The Indian Air was the first of the armed forces to grant substantial authority to women
officers who were allowed to carry out flying and ground duties. Women IAF SSC officers
are allowed to fly helicopters, transport aircraft, and now even fighter jets. The above
judgements have paved the way for the grant of PC to women IAF also.

6
--, „After Army, Supreme Court grants permanent commission to women officers in Navy‟ (2020) economictimes.indiatimes.com,
available at https://economictimes.indiatimes.com/news/defence/after-army-supreme-court-grants-permanent-commission-to-women-
officers-in-navy/articleshow/74667440.cms?from=mdr. (last accessed 9 Dec.)

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 6.CONCLUSION
The feminist movement in India has though inherently different from western feminism
because of its origin and diverse nature of society in India, but the result rendered because of
it is the same as the latter. It has resulted in the involvement of women in every sphere of the
society be it the armed forces, journalism, NGO‟s, movies and theatres, music, judiciary etc.
and they are excelling in each and every field because of their perseverance and indomitable
will. Initially, started by men it has come a long way because as soon as the women took its
leadership in their hands the whole scenario was revolutionized. They created various
organisations to act as channel between not only them and the government but also the
women masses of India. Through these organisations they vociferously fought for their legal,
constitutional and democratic rights like- reproductive rights, protection against sexual
harassment and rape, equality at the workplace, etc.

The various courts of the country have acted as an ally to the women in their fight, through
various progressive and prudent judgements which recognised their right to equality, self-
determination, health, to have the profession of their choice etc. The Puttaswamy judgement
specifically recognised the constitutional right to privacy, as a part of personal liberty under
Article 21 of the Indian Constitution. The bench also reiterated the position adopted by a
three judge bench in Suchita Srivastava v Chandigarh Administration, which held that
reproductive rights include a woman‟s entitlement to carry a pregnancy to its full term, to
give birth, and to subsequent raise children; and that these rights form part of a woman‟s right
to privacy, dignity, and bodily integrity.7 The Constitution of India also through its
fundamental rights, directive principles and other parts tries uplift women and close the gap
between the two genders.

In sharp contrast the role of government has been an antagonistic one. Either it has acted as a
hurdle to the judgements of the courts or has made short-sighted policies and legislations. Its
true face was unmasked when it considered women to be bodily and psychologically weaker
than men and therefore refused to grant Permanent Commission in the armed forces.

India is also a signatory to numerous international conventions, such as the Convention on

the Elimination of All Forms of Discrimination against Women (CEDAW); the International
Covenant on Civil and Political Rights (ICESCR); and the Convention on the Rights of the

7
Tanvi Mathur, „Reproductive Rights for Women in India‟ (2019) legalserviceindia.com, http://www.legalserviceindia.com/legal/article-
3372-reproductive-rights-for-women-in-india.html. (last accessed 9 Dec.)

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Child (CRC), all of which recognize the various rights of the women. Article 51 (c) of the
Indian Constitution and the judiciary have established that the government has a
constitutional obligation to respect international law and treaty obligations.8 The government
of India also bears a constitutional obligation to ensure legal remedies for violations of
fundamental and rights and human rights. Article 39 (a) requires the government to promote
equal access to justice and free legal aid as a means to ensure that “opportunities for justice
are not denied to any citizen by reason of economic or other disabilities.”

8
ibid.

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