INTRODUCTION

The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, Plans and programmes have aimed at womens advancement in different
spheres. 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.
The Constitution of India not only grants equality to women but also empowers the State to
adopt measures of positive discrimination in favour of women for neutralizing the cumulative
socio economic, education and political disadvantages faced by them. Fundamental Rights,
among others, ensure equality before the law and equal protection of law; prohibits
discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and
guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14,
15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this
regard.
Social change is an inevitable phenomenon of every society because social conditions never
remain static. Social change whether it comes through legislation or through judicial
interpretation indicates the change in accepted modes of life, or perhaps a better life. The
changing pattern does have an impact on the laws and the life of a given society, law must keep
pace with the changing socio- economic trends, and political movements of the society, while at
the same time preserving necessary balance between individual rights and duties. Thus, law and
justice provide a potential force for the attainment of a progressive social change.
The exalted status of Indian women in ancient days suffered a setback in the medieval period.
Social economic and political factors played a major role in their suppression. Social inhibitions
and discriminatory practices against them continued to exist during the 'enlightened' and
'civilised' imperial rule. The leadership of independent movement was, however, committed to
accord an equal status to women and give them a place of honour, and dignity in the society.
Accordingly, the constitution - the fundamental law- as emerged out of the constituent assembly,
treated both men and women equally and also provided for protective discrimination for women
in view of their peculiar position in the human society.
RESEARCH METHODOLOGY
The researcher has used doctrinal method of research. For the primary source, The Constitution
of India has been referred and
Important Constitutional And Legal Provisions For Women In India
The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, Plans and programmes have aimed at womens advancement in different
spheres. 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.
Constitutional Safeguards for Women and the Liberal Interpretation of these provisions by the
Judiciary :
Our Constitution, the fountainhead of all laws and the Organic law of the land, recognizes
equality of the sexes and prohibits discrimination on the basis of sex. It also provides legislation
to be made to confer more rights on women by making special provisions. It has to be borne in
mind that in the absence of equality of gender, human rights remain in the inaccessible realm. In
most of the nations, women are ascribed a secondary role. This secondary role has to be
metamorphosed to the primary one to bring women at an equal stratum with men. To achieve so,
a different outlook in law has to be perceived. For this reason, various provisions have been
engrafted in our Constitution.
The Preamble of the Constitution is a key to open the mind of the makers of the constitution
which may show the general purposes for which they made the Constitution.
1
It declares the
rights and freedoms which the people of India intended to secure to all citizens.
2
The
Preamble begins with the words We, the People of India........... which includes men and
women of all castes, religions, etc. It wishes to render Equality of status and of opportunity to
every man and woman. The Preamble again assures dignity of individuals which includes the
dignity of women. On the basis of the Preamble, several important enactment shave been brought
into operation, pertaining to every walk of life family, succession, guardianship and employment
which aim at providing and protecting the status, rights and dignity of women.
Fundamental Rights Guaranteed to women under the Constitution: Part III of the Constitution,
consisting of Articles 12 to 35, relating to Fundamental Rights, is considered the heart of the
Constitution. The fundamental rights are regarded as fundamental because they are most
essential for the attainment by the individual of his full intellectual, moral and spiritual status. As
per Justice P. N. Bhagwati:
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.
3

Article 14
Equality before Law:
Article 14 guarantees to every person the right to equality before the law or the equal protection
of the laws within the territory of India. The first expression equality before law which is taken
from the English Common Law, is a declaration of equality of all persons within the territory of
India, implying thereby the absence of any special privilege in favour of any individual. The
second expression, the equal protection of the laws is the essence and core of the right to
equality under which the State is under an obligation to take necessary steps so that every
individual, man and woman alike, is given equal respect which he or she is entitled to as a human

1
Berubari Union and Exchange of Enclaves, Re, AIR 1960 SC 845, 856.
2
Sir Alladi Krishnaswami, Constituent Assembly Debates, Vol. 10, 41.
3
Chitra Ghosh v. Union of India, AIR 1970 SC 35
being. This provision is based on the last clause of the first section of the Fourteenth Amendment
to the American Constitution and directs that equal protection shall be secured to all persons
within the territorial jurisdiction of the Union in the enjoyment of their rights and privileges
without favouritism or discrimination. It is, therefore, said that the equal protection of the laws
is a pledge of protection or guarantee of equal laws.
Though Article 14 permits reasonable classification, yet classification based on sex is not
permissible.
4
In the case of AIR India v. Nergesh Meerza
5
, the Apex Court, while dealingwith
the fixation of different ages of retirement for male and female employees and the provision
preventing the female employees from having child, expressed the view to theeffect that the
retirement of air hostesses in the event of marriage taking place within four years of service does
not suffer from any irregularity or arbitrariness but retirement of air hostesses on first pregnancy
is unconstitutional being violative of Articles 14 and 16 of the Constitution. It was considered
that such a provision was callous, cruel and an insult to Indian womanhood. Therefore, such
disability violates the equal protection of law and opportunity which is the cornerstone of our
Constitution and legal system. Payment of equal pay for equal work has also been justified under
Article 14. Unequal pay for materially equal work cannot be justified on the basis of an artificial
classification between the two kinds of work and employment.
6
In the case of Mackinnon
Mackenzie and Co. Ltd. v. Andrey (D) Casta
7
, the question involved was getting of equal pay
for equal work. Their Lordships ruled that when lady stenographers and male stenographers were
not getting equal remuneration, that was discriminatory and any settlement in that regard did not
save the situation. Their Lordships also expressed the view that discrimination between male
stenographers and lady stenographers was only on the ground of sex and that being not
permissible, the employer was bound to pay the same remuneration to both of them when they
were doing practically the same kind of work. In Madhu Kishwar v. State of Bihar,
8
the
Chotanagpur Tenancy Act, 1908 was challenged on the ground that the Act denied the right to
succession to scheduled tribe women to the tenancy lands and hence, it violates Articles 14, 15
and 21 of the Constitution. The Supreme Court, by admitting the petition, quashed the

4
Maneka Gandhi v. Union of India, AIR 1978 SC 597
5
Chitra Ghosh v. Union of India, AIR 1970 SC 35
6
AIR 1981 SC 1829 : 1981 Lab IC 1313
7
State of M.P. v. Pramod Bhartiya, AIR 1993 SC 286
8
AIR 1987 SC 1281
discriminative provisions of the Act and paved a way for tribal women to entitle their rights to
tenancy lands along with men. Article 14 has also been invoked to prohibit sexual harassment of
working women on the ground of violation of the right of gender equality.
9
Article 14 indeed
contains important provisions for protecting the rights of women and the interpretation of this
Article by the judiciary enables the establishment of equality between the sexes.
Article 15 : Prohibition of discrimination on grounds of sex : Article 14 embodies the general
principle of equality before the law. A specific application of the same principle is provided in
Article 15. Article 15 concretises and enlarges the scope of Article 14. Article 15 (1) prohibits
the State from discrimination on the grounds of religion, race, caste, sex, place of birth or any of
them. In other words, all laws are to be applied to members of both sexes equally, and there is an
express prohibition of discrimination on the ground of sex. The right guaranteed in this clause of
Article 15 is conferred on a citizen as an individual and is available against his being subjected to
discrimination in the matter of rights, privileges and immunities pertaining to him as a citizen
generally. A law which deprived a female proprietress to hold and enjoy her property on the
ground of her sex was held violative of Article 15.
10
Article 15(2) provides that no citizen shall,
on the grounds only of religion, race, caste, sex, place of birth or any of them, be subjected to
any disability, liability, restriction or condition with regard to (a) access to shops, public
restaurants, hotels and places of public entertainment, or (b) the use of wells, tanks, bathing
ghats, roads and places of public resort, maintained wholly or partly out of State funds or
dedicated to the use of the general public. Thus, by incorporating Articles 14 and 15, the status of
women has been uplifted and a new life of equal rights at par with men has been accorded to
them. However, the provisions of non-discrimination on this account do not prevent the State
from making any special provisions for women and children. The same has been laid down in
Article 15 (3), which empowers the State to make special provisions for them. Thus it would be
no violation of Article 15 if institutions are set up by the State exclusively for women or places
are reserved for women at public entertainments or in public conveyances. The main object of
Article 15 (3) is based on protective discrimination keeping in view the weak physical
position of women. The reason is that womens physical structure and the performance of

9
AIR 1996 SC 1864
10
Vishaka v. State of Rajasthan, AIR 1997 SC 3011; Apparel Export Promotion Council v.A. K. Chopra, AIR 1999
SC 625
maternal functions place her at a disadvantaged position in the struggle for subsistence, and her
physical well-being becomes an object of public interest and care in order to preserve the
strength and vigour of the race..
11
This provision has enabled the
State to make special statutory provisions exclusively for the welfare of women. In the case of
Dattatraya v. State of Bombay
12
, the Bombay High Court held that the State can establish
educational institutions for women only. Again in Yusuf Abdul Aziz v. State of Bombay
13
, the
validity of Section 497 of the Indian Penal Code was challenged under Articles 14 and 15 (1) of
the Constitution. Section 497 of the IPC deals with the provisions of relating to the offence of
adultery, which only punishes man for adultery and exempts the woman from punishment though
she may be equally guilty as an abettor. This section was held by the Supreme Court to be valid
since the classification was not based on the ground of sex alone. The Court upheld the Section
497 of the IPC as valid by relying upon the mandate of Article 15 (3) of the Constitution. Even
Section 354 of the IPC is not invalid because it protects the modesty only of women and Section
488 (now Section 125) of the Cr. PC. (Code of Criminal Procedure) is valid although it obliges
the husband to maintain his wife but not vice versa.
14
Similarly, Section 14 of the Hindu
Succession Act, 1956 converting the womens limited ownership of property into full ownership
has been found in pursuance of Article 15 (3).
15
When the matter relating to mother as natural
guardian was questioned, the Supreme Court held that relegation of mother to inferior position to
act as a natural guradian is violation of Articles 14 and 15 and hence, the father cannot claim that
he is the only natural guradian. The guardianship right of women has undergone a sea change by
this interpretation given by theApex Court.
16
The scope of Article 15 (3) is wide enough to cover
any special provision for women including reservation in jobs. Article 16 does not come in the
way of such reservation. The two articles must be harmoniously construed. Women are a weaker
section of our society for whose upliftment Article 15 (3) is made which should be given widest
possible interpretation and application subject to the condition that reservation should not exceed

11
Muller v. Oregon, 52 L.Ed. 551
12
AIR 1952 SC 181
13
AIR 1954 SC 321
14
Shahdad v. Mohd. Abdullah, AIR 1967 J & K 120; Girdhar Gopal v. State, AIR 1953MB 147; Thamsi Goundan
v. Kanni Ammal, AIR 1952 Mad 529.
15
Thota Sesharathamma v. Thota Manikyamma, (1991) 4 SCC 312.
16
Mrs. Gita Hariharan v. Reserve Bank of India with Dr. Vandana Shiva v. Jayanta Bandhopadhyaya, AIR 1999 SC
1149.
50% limit as laid down in the case of Indra Sawhney v. Union of India.
17
The Court has also
upheld anOrissa Government Order reserving 30% quota for women in the allotment of 24
hoursmedical stores as part of self-employment scheme.
18
Thus, the language of Article 15 (3)is
in absolute terms and does not appear to restrict in any way the nature or ambit of special
provisions which the State may make in favour of women or children.
Article 16 Equality of opportunity in matters of public employment: Article 16 is an instance of
the application of the general rule of equality before law laid down in Article 14 and of the
prohibition of discrimination in Article 15(1) with respect to the opportunity for employment or
appointment to any office under the State. Explaining the relative scope of Articles 14, 15 and
16, Das, J. said :
Article 14 guarantees the general right of equality; Articles 15 and 16 are instances of the same
right in favour of citizens in some special circumstances.
19

Article 16(1) and (2) embody the general rule that the State shall provide equal opportunities for
all citizens in matters relating to employment or appointment to any office under the State. There
shall be no discrimination on the grounds of religion, race, caste, sex, place of birth, residence or
any of them in providing employment. These provisions are an extension of the principle of
equality before law and of the goal of equality of status and opportunity as set in the Preamble of
the Constitution. The import of these provisions is that a woman has the same rights in matters of
employment under the State as a man and the State shall not discriminate against women on this
count. It operates equally against any such discriminative legislation or discriminative executive
action. If any law is passed or any executive action is taken to prevent the women from taking up
employment under the State, such law or executive action could be challenged under Articles 16
(1) and (2). The principle of equal pay for equal work is also covered by equality of opportunity
in Article 16 (1).
20
Difference in the pay scales and promotional avenues between male and
female employees is also prohibited by Article 16 (2).
21
In the case of Miss C. B. Muthamma, IFS

17
AIR 1992 SC 477
18
Gayatri Devi Pansari v. State of Orissa, AIR 2000 SC 1531.
19
Gazula Dasaratha Rama Rao v. State of A. P., AIR 1961 SC 564
20
Randhir Singh v. Union of India, AIR 1982 SC 879
21
Uttarkhand Mahila Kalyan Parishad v. State of U. P., AIR 1992 SC 1695
v. Union of India and others,
22
the constitutional validity of Rule 8(2) of the Indian Foreign
Service (Conduct and Discipline) Rules, 1961 and Rule 18 (4) of the Indian Foreign Service
(Recruitment, Cadre, Seniority and Promotion)Rules, 1961 was challenged before the Supreme
Court. The impugned provision Rule 8 (2) requires a woman member of the service to obtain
permission of the Government in writing before her marriage is solemnized and at any time after
the marriage, a woman member of her service may be required to resign from the service, if the
Government is satisfied that her family and domestic commitments are likely to come in the way
of the due and efficient discharge of her duties as a member of the service. Further, Rule 18 (4)
also runs in the same prejudicial strain, which provides that no married woman shall be entitled
as a right to be appointed to the service. The petitioner complained that under the guise of these
rules, she had been harassed and was shown hostile discrimination by the Chairman, UPSC from
the joining stage to the stage of promotion. The Honble Supreme Court held that these Rules are
in defiance of Article 14, 16 and 21 and Krishna Iyer, J. pronounced :
That, our founding faith enshrined in Articles 14 and 16 should have been tragically ignored
vis-a- vis half of Indias humanity, viz; our women, is a sad reflection on the distance between
the Constitution in the book and the law in action.
23

In the case of T. Sudhakar Reddy v. Government of Andhra Pradesh,
24
the petitioner challenged
the validity of Section 31 (1)(a) of the Andhra Pradesh Co-operative Societies Act, 1964 and
Rule 22 C,. 22 A (3)(a) of the Andhra Pradesh Co-operative Societies Rules1964. These
provisions provide for nomination of two women members by the Registrar to the Managing
Committee of the Co-operative Societies, with a right to vote and to take part in the meetings of
the committee. The Andhra Pradesh High Court quashed the petition and upheld these provisions
in the interest of womens participation in co -operative societies and opined that it will be in the
interest of the economic development of the country. In Government of Andhra Pradesh v. P.B.
Vijaya Kumar,
25
the legislation made by the State of Andhra Pradesh providing 30% reservation
of seats for women in local bodies and in educational institutions was held valid by the Supreme
Court and the power conferred upon the State under Article 15 (3) is so wide which would cover

22
AIR 1979 SC 1868
23
Id. at p. 1870.
24
AIR 1994 SC 544
25
AIR 1995 SC 1648.
the powers to make the special legal provisions for women in respect of employment or
education. This exclusive power is an integral part of Article 15(3) and thereby, does not
override Article 16 of the Constitution. At this juncture, it is also noteworthy to mention the case
of Associate Banks Officers Association v. State Bank of India,
26
wherein the Apex Court held
that women workers are in no way inferior to their male counterparts, and hence there should be
no discrimination on the ground of sex against women. Recently, in Air India Cabin Crew
Association v. Yeshaswinee Merchant,
27
the Supreme Court has held that the twin Articles 15
and 16 prohibit a discriminatory treatment but not preferential or special treatment of women,
which is a positive measure in their favour. The Constitution does not prohibit the employer to
consider sex while making the employment decisions where this is done pursuant to a properly
or legally chartered affirmative action plan. Further, in Vijay Lakshmi v. Punjab University,
28
it
has been observed that Rules 5 and 8 of the Punjab University Calendar, Vol. III providing for
appointment of a lady principal in a women or a lady teacher therein cannot be held to be
violative of either Article 14 or Article 16 of the Constitution, because the classification is
reasonable and it has a nexus with the object sought to be achieved. In addition, the State
Government is empowered to make such special provisions under Article15(3) of the
Constitution. This power is not restricted in any manner by Article 16. In this way, the Indian
Judiciary has played a positive role in preserving the rights of women in the society.
Article 19 (1)(g) : Freedom of Trade and Occupation: Article 19 (1)(g) of the Constitution
guarantees that all citizens have the right to practise any profession or to carry on any occupation
or trade or business. The right under Article 19(1) (g) must be exercised consistently with human
dignity. Therefore, sexual harassment in the exercise of this right at the work place amounts to its
violation. In the case of Delhi Domestic Working Women Forum v. Union of India
29
relating to
rape and violence of workingwomen, the Court called for protection to the victims and provision
of appropriate legal representation and assistance to the complainants of sexual assault cases at
the police station and in Courts. To realize the concept of gender equality, the Supreme Court has
laid down exhaustive guidelines in the case of Vishaka v. State of Rajasthan
30
to prevent sexual

26
AIR 1998 SC 32.
27
AIR 2004 SC 187
28
AIR 2003 SC 3331
29
(1995) 1 SCC 14
30
AIR 1997 SC 3011
harassment of working women at their workplace. The Court held that it is the duty of the
employer or other responsible person to prevent sexual harassment of working women and to
ensure that there is no hostile environment towards women at their working place. These
guidelines were framed to protect the rights of working women to work with dignity under
Articles 14, 19 and 21 of the Constitution. Their Lordship also observed :
Each incident of sexual harassment of women at workplace results in violation of fundamental
rights of Gender Equality and the Right to Life and Liberty.
31

Article 21: Protection of life and personal liberty.
Article 21 contains provisions for protection of life and personal liberty of persons. It states :
No person shall be deprived of his life or personal liberty except according to procedure
established by law. This short one sentence in which Article 21 has been couched has made
long strides due tothe judicial interpetation received at the deft hands of judges of the Apex
Court. Article 21,though couched in negative language, confer on every person the fundamental
right to life and personal liberty and it has been given a positive effect by judicial interpretation.
Life, in Article 21, is not merely the physical act of breathing. This has been recognized by the
Courts. The Rig Veda
32
gives a subtle description of the mundane activity of speech. The soul
(which, in the Rig Veda, is compared to a bird soaring high in the heavens) inspires or fills up
the mind with speech. The Gandharva (the mind) carries it to the heart; and then, the luminous
inspired speech takes shape in words that can be heard. One can pursue this imagery further.
While the external mundane activities of life have their own place, they are the manifestations of
an inner, unseen, unperceived activity which, indeed is the real life that a human being lives, it
is true that judicial decisions on Article 21 do not embark upon such an analysis in depth. But the
judiciary does take note to deal with the wide approach of the right to life. In view of the global
developments in the sphere of human rights the judicial decisions from time to time have played
a vital role towards the recognition of affirmative right to basic necessities of life under Article
21. In the case of State of Maharashtra v. Madhukar Narayan Mandikar, the Supreme Court has
held that even a woman of easy virtue is entitled to privacy and no one can invade her privacy as

31
AIR 1997 SC 3011.
32
AIR 1997 SC 3011.
and when he likes. This article has also been invoked for the upliftment of and dignified life for
the prostitutes. The Supreme Court has placed emphasis on the need to provide to prostitute
opportunities for education and training so as to facilitate their rehabilitation.
33
Sexual
harassment at workplace is a violation of Article 21 of the Constitution and hence, the Apex
Court of the Country, in the case of Vishaka v. State of Rajasthan,
34
has laid down detailed
direction and guidelines on the subject which are to be strictly observed by all employers, public
or private. Right to life is recognized as a basic human right. It has to be read in consonance with
the Universal Declaration of Human Rights, 1948, the Declaration on the Elimination of
Violence against Women and the Declaration and Covenants of Civil and Political Rights and the
Covenants of Economic, Social and Cultural Rights to which India is a party having ratified
them. The right to life enshrined in Article 21 of the Constitution also includes the right to live
with human dignity and rape violates this right of women.
35

Article 23 Right against exploitation and prohibition of traffic in human beings : For centuries
women have been humiliated, exploited, tortured and harassed in all walks of life physically,
mentally and sexually. To safeguard and protect women against exploitation, Article 23 (1) of
the Constitution of India prohibits traffic in human beings and begar and other similar forms of
forced labour. Traffic in human beings means selling and buying human beings as slaves and
also includes immoral traffic in women and children for immoral or other purposes.
36
To curb the
deep rooted social evil of prostitution and to give effect to this Article, the Parliament has passed
The Immoral Traffic (Prevention) Act,1956.
37
This Act protects the individuals, both men and
women, not only against the acts of the State but also against the acts of private individuals and
imposes a positive obligation on the State to take all measures to abolish these evil practices.
another evil practice of the Devadasi system, in which women are dedicated as devadasis to the
deities and temples, was abolished by the State of Andhra Pradesh by enacting the Devadasis
(Prohibition of Dedication) Act, 1988. The Supreme Court has also held that traffic in human
beings includes devadasis and speedy and effective legal action should be taken against brothel

33
Gaurav Jain v. Union of India, AIR 1997 SC 3021
34
AIR 1997 SC 3011
35
Bodhisattwa Gautam v. Subhra Chakraborty, AIR 1996 SC 922; Chairman, RailwayBoard v. Chandrima Das,
AIR 2000 SC 988
36
Raj Bahadur Singh v. Legal Remem-brancer, AIR 1953 Cal 522
37
Formerly known as the Suppression of Immoral Traffic in Women and Girls Act, 1956
keepers.
38
Similar evil practices are prevalent in India such as selling the female infants and girls
to foreigners under the guise of inter-country adoption and marriages. The Supreme Court
accepted a letter as a writ petition,
39
complaining of mal-practices indulged by non-government
organizations and orphanages engaged in the work of offering Indian children, more specifically,
female infants, in adoption to foreign parents. The Courts observed that in the guise of adoption,
Indian children of tender age were not only exposed to the long dreadful journey to distant
foreign countries at great risk to their lives, but in case they survive, they were not provided
proper care and shelter and were employed as slaves and in the course of time they become
beggars or prostitutes for want of proper care and livelihood. As there are no specific legislative
provisions to regulate Inter-country adoptions, the Court laid down certain principles and norms
which should be followed in determining whether a child should be allowed to be adopted by
foreign parents. Further a direction was given tothe Government to enact a law regulating inter-
country adoptions, as it is their constitutionalobligation under Articles 15 (3), 23, 24 and 39 (c)
and (f) of the Constitution.
The Role of Directive Principles of State Policy in Protecting the Rights of Women.
Part IV of the Constitution from Articles, 3 to 51 contains what may be described as the active
obligation of the State. The Directive Principles of State Policy are fundamental in the
governance of the country and it shall be the duty of the State of apply these principles in making
laws an to secure a social order in which social, economic and political justice shall inform all
the institutions of national life. These Directives Principles are ideals which are based on the
concept of Welfare State and they fix certain goals; social and economic; for immediate
attainment by the Union and State Governments while formulating a policy or enacting a
law.According to Article 39(a), the State shall direct its policy towards securing that the
citizensmen and women equally, have the right to an adequate means of livelihood.
40

Under Article 39 (d), the State shall direct its policy towards securing equal pay for equal work
for both men and women.
41
This Article draws its support from Articles 14 and 16 and itsmain

38
Vishal Jeet v. Union of India, AIR 1990 SC 1412
39
Laxmi Kant Pandey v. Union of India, AIR 1984 SC 469
40
Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180
41
Randhir Singh v. Union of India, AIR 1982 SC 879; Mackinnon Mackenzie and Co. Ltd.
v. Andrey DKosta, AIR 1987 SC 1281; State of M.P. v. Pramod Bhartiya, AIR 19
objective is the building of a welfare society and an equalitarian social order in the Indian Union.
To give effect to this Article, the Parliament has enacted the Equal Remuneration Act, 1976
which provides for payment of equal remuneration to men and women workers and prevents
discrimination on the ground of sex. Further Article 39 (e) is aimed at protecting the health and
strength of workers, both men and women.
A very important and useful provision for womens welfare and well-being is incorporatedunder
Article 42 of the Constitution. It imposes an obligation upon the State to make provisions for
securing just and humane conditions of work and for maternity relief. Some of the legislations
which promoted the objectives of this Article are the Workmens Compensation Act, 1923, the
Employees State Insurance Act, 1948, the Minimum Wages Act, 1948, the Maternity Benefit Act
1961, the Payment of Bonus Act, 1965, and the like. In the case of Dattatraya v. State of
Bombay,
42
the Court held that legal provisions to give special maternity relief to women workers
under Article 42 of the Constitution does not infringe Article 15 (1). Recently, in the case of
Municipal Corporation of Delhi v. Female Workers (Muster Roll),
43
the Supreme Court held that
the benefits under the Maternity Benefits Act, 1961 extend to employees of the Municipal
Corporation who are casual workers or workers employed on daily wages basis. Upholding, the
claim of non-regularized female workers for maternity relief, the Court has stated :
Since Article 42 specifically speaks of just and humane conditions of work, and maternity
relief, the validity of an executive or administrative action in denying maternity benefit has to be
examined on the anvil of Article 42 which though not enforceable at law, is nevertheless
available for determining the legal efficacy of the action complained of.
44

Article 44 provides that the State shall endeavour to secure for the citizens, a Uniform Civil
Code, throughout the territory of India. India comprises of diverse religions, faith and beliefs and
each of these religious denominations are governed by their distinct personal laws which vary
from one another. In matters relating to marriage, divorce, adoption, maintenance and
succession, different personal laws have treated and placed women on different levels. Due to

93 SC286
42
AIR 1952 SC 181 : 1952 Cri LJ 955.
43
AIR 2000 SC 1274
44
Id. At p. 1277
these variations, people are being tempted to convert from one religion to another in order to
seek the benefit under the guise of those personal laws. Placing , reliance on Article 44 by the
Supreme Court in upholding the right of maintenance of a Muslim divorce under Section 125of
the Criminal Procedure Code has boomeranged resulting in a separate law of maintenance for
Muslim female divorcee.
45
Later the Court again reminded the State of its obligation under this
Article and issued direction to it to take appropriate steps for its implementation and inform the
Court of these steps. In the case of Sarla Mundgal v. Union of India,
46
a Hindu husband married
under Hindu Law and again married the second time by converting himself to Islam. As the State
had not yet made any efforts to legislate the Uniform Civil Code, the Supreme Court directed the
Government to report the measures taken for the implementation of Article 44 of the
Constitution in the interest of unity and integrity and for the welfare and benefit of women.
Fundamental Duties towards woman enshrined in the Constitution: Article 51-A under Part IV-A
of the Constitution of India lays down certain Fundamental Duties upon every citizen of India,
which were added by the Forty-Second Amendment of the Constitution in 1976. The later part of
Clause (e) of Article 51-A, which relates to women, gives a mandate and imposes a duty on
Indian citizens to renounce practices derogatory to the dignity of women. The duties under
Article 51-A are obligatory on citizens, but it should be invoked by the Courts while deciding
cases and also should be observed by the State while making statutes and executing laws.
Reservation of Seats for Women in Election to Local Bodies: The Parliament has succeeded in
its efforts to provide for reservation of seats for women in election to the Panchayat and the
Municipalities. Reservation of seats for women in Panchayats and Municipalities have been
provided in Articles 243 D and 243 T of the Constitution of India. Part IX and IX A have been
added to the Constitution by the 73rd and 74th Amendment Acts with Articles 243, 243 A to 243
D and Articles 243 P 243 ZG
47
.
According to Article 243 D(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

45
Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945, 954 : 1985 Cri LJ 875 andthe Muslim Women
(Protection of Rights on Divorce) Act, 1986
46
AIR 1995 SC 1531
47
The Constitution (Seventy-third Amendment) Act, 1992 and the Constitution Seventy-fourth Amendment Act
1992 popularly known as the Panchayat Raj and NagarpalikaConstitution Amendment Acts.
seats to be filled up 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. Article 243 T (3) of
the Constitution provides similar provisions for reservation of seats for women in direct election
in every Municipality. Therefore, reservation of 33% of seats for women candidates to hold
office and perform all public functions at the Panchayat and Municipal level is within the
constitutional mandate. As an extension the 73rd and 74th Amendments to the Constitution, the
Constitution (81stAmendment) Bill was introduced in the Parliament way back in 1996 to
reserve one-third of seats for women in the Lok Sabha and the State Assemblies. However, this
bill has not yet been brought in to shape due to political overtures.

Constitutional Provisions
The Constitution of India not only grants equality to women but also empowers the State to
adopt measures of positive discrimination in favour of women for neutralizing the cumulative
socio economic, education and political disadvantages faced by them. Fundamental Rights,
among others, ensure equality before the law and equal protection of law; prohibits
discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and
guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14,
15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this
regard.
Constitutional Privileges
(i) Equality before law for women (Article 14)
(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them (Article 15 (i))
(iii) The State to make any special provision in favour of women and children (Article 15 (3))
(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State (Article 16)
(v) The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and
women (Article 39(d))
(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities (Article 39 A)
(vii) The State to make provision for securing just and humane conditions of work and for
maternity relief (Article 42)
(viii) The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46)
(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)
(x) 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 (Article 51(A) (e))
(xi) 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 to be reserved for women and such seats to be allotted by rotation to
different constituencies in a Panchayat (Article 243 D(3))
(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at
each level to be reserved for women (Article 243 D (4))
(ix) 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 to be reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality (Article 243 T (3))
(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature of a State may by law provide
(Article 243 T (4))
Though the constitution has provided equality of both the sexes man and women but biological
condition of the female and developed sense of subordination demand extra protection for them.
The reason is that "women's physical structure and the performance of certain functions place her
at a disadvantage in the struggle for subsistence and her physical well- being becomes an object
of public interest and care in order to preserve the strength and vigour of the race. Thus the law
and justice demands additional privileges and safeguards for maintaining proper socio- legal
status of women in the society.
Legal Provisions
(1) The Crimes Identified Under The Indian Penal Code (IPC)
(i) Rape (Sec. 376 IPC)
(ii)Kidnapping & Abduction for different purposes ( Sec. 363-373)
(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
(iv) Torture, both mental and physical (Sec. 498-A IPC)
(v) Molestation (Sec. 354 IPC)
(vi) Sexual Harassment (Sec. 509 IPC)
(vii) Importation of girls (up to 21 years of age)
(2) The Crimes Identified Under The Special Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting women significantly
have been reviewed periodically and amendments carried out to keep pace with the emerging
requirements. Some acts which have special provisions to safeguard women and their interests
are:
(i) The Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv) The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
State Initiatives For Women
National Commission For Women
In January 1992, the Government set-up this statutory body with a specific mandate to study and
monitor all matters relating to the constitutional and legal safeguards provided for women,
review the existing legislation to suggest amendments wherever necessary, etc.
Reservation For Women In Local Self - Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the
total seats for women in all elected offices in local bodies whether in rural areas or urban areas.
The National Plan Of Action For The Girl Child (1991-2000)
The plan of Action is to ensure survival, protection and development of the girl child with the
ultimate objective of building up a better future for the girl child.
National Policy For The Empowerment Of Women, 2001
The Department of Women & Child Development in the Ministry of Human Resource
Development has prepared a National Policy for the Empowerment of Women in the year
2001. The goal of this policy is to bring about the advancement, development and empowerment
of women.
Womens Security: Indian Scenario
Policies relating to women's rights have had a positive trajectory in the past few decades with the
central government articulating many progressive measures to advance gender equality in social,
economic, and political arenas.
Inequality between men and women runs across the board, including in education, economic
opportunities, representation in governance, and other state and private institutions. The multiple
forms of violence experienced in the household, at the community level, and in some instances
by the state, threaten womens security in India. Some recent statistics on women include:
-20 country in which to be a woman. (TrustLaw, Thomson Reuters)
Bureau)
Research on Women)
in five Indian women, many child mothers, dies during pregnancy or child birth. (the
United Nations)
foeticide
in their lifetimes are divorced,
widowed, or deserted

in the country during the year 2011 as compared to 2,13,585 incidences in the year 2010
recording an increase of 7.1% during the year 2011.
Women and girls in urban India are also at high risk of gender-based violence. In Delhi, the
countrys capital, a scan of daily newspapers reveals shocking numbers of cases of violence
against women. Street violence in urban centres is a growing concern for young women and
girls, who are increasingly moving away from rural areas for economic opportunities and higher
education.
Particularly women and girls from the northeast region of India living in urban centres such as
Delhi have reported experiencing social discrimination and marginalization, and many times
physical violence. In 2005, according to the North East Support Centre, among the 100,000
people from the northeast living in Delhi 86% had reported racial discrimination and 41% of
cases were sexual abuse cases.
48

Trafficking Of Women And Girls
49

India is both a source and destination for trafficked women and girls into prostitution and bonded
labour. While exact numbers of trafficked women and girls are difficult to ascertain, there have
been figures projected by various national and international organisations.
children go missing in the country every year. Of these, 11,000 remain untraced. It is quite

48
BBC report on How India treats its women dated 29 December 2012, www.bbc.com retrieved on 12th October
2014
49
NCRB, (2011), Crime in India: Compendium-2011, National Crime Records Bureau, Ministry of Home Affairs,
Government of India, New Delhi
unacceptable that cases of 'missing children', which may or may not be the result of human
trafficking, are considered on a par with a 'lost and found', adds the report.
-winning economist Amartya Sen has estimated that more than 100m women
are "missing" worldwide - women who would have been around had they received similar
healthcare, medicine and nutrition as men.
Anderson and Debraj Ray estimates that in India, more
than 2m women are missing in a given year.
the missing women disappear at birth, 25% die in
childhood, 18% at the reproductive ages, and 45% at older ages.
Sexual Harassment And Rape Cases
Rape cases in India increased by 3.6 percent to 22,172 in 2010 from 21,397 cases the previous
year, according to figures from the National Crime Records Bureau.
Nearly 68,000 rape cases were registered across the country during 2009-11 but only 16,000
rapists were sentenced to prison, presenting a dismal picture of conviction of sexual offenders.
According to National Crime Records Bureau, 24,206 rape cases were registered in India in 2011
but only 5,724 people were convicted for the crime. Similarly, in 2010, 22,172 rape cases were
registered while the number of convicted persons for the crime was 5,632. A total of 21,397 rape
cases were registered in 2009 but only 5,316 persons could be convicted.
Forty percent of all sexual abuse cases in India are incest, and 94% of the incest cases had a
known member of the household as the perpetrator. The number of such cases has decreased by
14.0% during the year over the previous year (9,961 cases). Andhra Pradesh has reported 42.7%
(3,658 cases) followed by Maharashtra 12.5% (1,071 cases) of total incidences during the year
2011.
Andhra Pradesh has reported the highest crime rate (4.3%) as compared to the National average
of 0.7%. An increasing trend in cases of rape has been observed during 2007 2008. A mixed
trend in the incidence of rape has been observed during the periods 2008 - 2011. These cases
have reported an increase of 3.5% in the year 2008 over the year 2007, a decline of 0.3% in the
year 2009 over 2008 and an increase of 3.6% in 2010 over 2009 and further an increase of 9.2%
in the year 2011 over the year 2010. Madhya Pradesh has reported highest number of Rape cases
(3,406) accounting for 14.1% of total such cases reported in the country. Mizoram has reported
of crime rate 7.1 as compared to National average of 2.0%. Rape cases have been further
categorised as Incest
Rape and other Rape cases.
Incest Rape
Incest rape cases have decreased by 7.3% from 288 cases in 2010 to 267 cases in 2011 as
compared to 9.2% increase in overall Rape cases. Maharashtra (44 cases) has accounted for the
highest (15.3%) of the total such cases reported in the country.
Rape Victims
There were 24,270 victims of Rape out of 24,206 reported Rape cases in the country. 10.6%
(2,582) of the total victims of Rape were girls under 14 years of age, while 19.0% (4,646
victims) were teen-aged girls (14-18 years). 54.7% (13,264 victims) were women in the age-
group 18-30 years. However, 15.0% (3,637 victims) victims were in the age-group of 30-50
years while 0.6% (141 victims) was over 50 years of age. Offenders were known to the victims
in as many as in 22,549 (94.2%) cases. Parents / close family members were involved in 1.2%
(267 out of 22,549 cases) of these cases, neighbours were involved in 34.7% cases (7,835 out of
22,549 cases) and relatives were involved in 6.9% (1,560 out of 22,549 cases) cases.
50

Sexual Harassment
The number of such cases has decreased (8,570 cases) by 14.0% during the year over the
previous year (9,961 cases). Andhra Pradesh has reported 42.7% (3,658 cases) followed by
Maharashtra 12.5% (1,071 cases) of total incidences during the year 2011. Andhra Pradesh has
reported the highest crime rate (4.3) as compared to the National average of 0.7.
Molestation

50
Prajanya Trust, (2010) GENDER VIOLENCE IN INDIA : A Prajnya Report 2010, Prajanya Trust, Chennai
Incidents of Molestation (42,968 cases) in the country have increased by 5.8% over the previous
year (40,613 cases). Madhya Pradesh has reported the highest incidence (6,665) amounting to
15.5% of total such incidences. Kerala has reported the highest crime rate (11.2) as compared to
the National average of 3.6.
Kidnapping & Abduction
These cases have reported an increase (35,565 cases) of 19.4% during the year as compared to
previous year (29,795 cases). Uttar Pradesh with 7,525 cases has accounted for 21.2% of the
total cases at the National level. Delhi UT has reported the highest crime rate at 12.4 as
compared to the National average of 2.9.
Domestic Violence And Dowry Deaths
Newspaper pages in south Asia are full of tales of domestic violence. In 2002, 450 honour
killings were reported in Pakistan, 15,000 young brides are burnt to death every year in India,
and 10 women a week are subject to acid attacks in Bangladesh (OXFAM 2004). Violence by
intimate family members is one of south Asias darkest legacies.
Fourty per cent of all sexual abuse cases in India are about incest. In a survey on violence against
women in India, 94 per cent of the cases involved an offender who was a member of the family
(Naved 2004).
The violence against women in south Asia often begins before birth. It is estimated the 50
million women are missing in India either through sex selective abortions, female infanticide or
female neglect. So much so that the sex ratio in certain states of India is very disturbing. There
are 79.3 girls for every 100 males in the Punjab and 87.8 girls for every 100 males in Gujarat
(OXFAM 2004:10).
51

Domestic violence rates in south Asia does vary from community to community and depends on
the questions asked. A survey of 1,842 women in Uttar Pradesh and Tamil Nadu in India
presented a rate of 40 per cent of women interviewed stating they were victims of wife beating.
In Pakistan, a survey of 1,000 women indicated that 55 per cent in the urban areas and 35 per

51
OXFAM, (2004), Oxfam Briefing Paper, August 2004, Towards Ending Violence against Women in South
Asia, OXFAM International, Washington DC
cent in the rural areas stated that they were victims of domestic violence. In Sri Lanka, one
survey put the figure at 60 per cent, another at 32 per cent (UNIFEM 2004).
They found that women died more from "injuries" in a given year than while giving birth -
injuries, they say, "appear to be indicator of violence against women".
Deaths from fire-related incidents is a major cause - each year more than 100,000 women are
killed by fires in India. The researchers say many cases could be linked to demands over a dowry
leading to women being set on fire.
52

In many cases, violence against women has a level of social acceptability. A government survey
found 51 percent of Indian men and 54 percent of women justified wife beating. The cases under
this Act have increased (6,619) by 27.7% during the year 2011 as compared to the previous year
(5,182 cases). 28.7% of cases were reported from Andhra Pradesh (1,899) followed by
Karnataka (1210 cases) accounting for 18.3% of total cases at the National level. The highest
crime rate of 2.5 was reported from Odisha as compared to 0.5 at the National level.
Torture (Cruelty By Husband & Relatives)
Torture cases in the country have increased (99,135 cases) by 5.4% over the previous year
(94,041 cases). 19.9% of these were reported fromWest Bengal (19,772 cases). The highest
crime rate of 21.6 was also reported from West Bengal as compared to the National rate at 8.2.
Importation Of Girls
An increase of 122.2% has been observed in Crime Head as 80 cases were reported during the
year 2011 as compared to 36 cases in the previous year (2010). Madhya Pradesh (45 cases),
Bihar (10 cases) and Karnataka (12 cases) have together contributed more than two-third of total
such cases at the National level.
Crime-Head Wise Analysis (Special Laws)

52
Reuters, India advances, but many women still trapped in dark ages quoted in AlertNet, Thomson Reuters
Foundation, accessed on www.trust.org/alertnet/news/feature-indiaadvances-but-many-women-still-trapped-indark-
ages/ retrieved on 6th October, 2014
Immoral Traffic (Prevention) Act, 1956 : Cases under this Act have registered a decrease of
2.6% (2,435) during the year as compared to the previous year (2,499). 20.4% (497) cases were
reported from Andhra Pradesh followed by Tamil Nadu 17.2% (420 cases). Daman & Diu
reported the highest crime rate of 2.5 as compared to the National average of 0.2%.
Sati Prevention Act, 1987
One case was registered under this Crime Head in Jammu & Kashmir during the year 2011.
Indecent Representation Of Women (Prohibition) Act. A decrease of 49.4% (453 cases) was
noticed in this crime head during the year 2011 as compared to the previous year (895 cases).
Andhra Pradesh with 314 cases has accounted for 69.3% of total such cases at the National level
which has also reported the highest crime rate of 0.4%.
Crime Against Women In Cities
53 cities having population over 10 lakh have been identified as Mega cities as per population
census 2011. A total of 33,789 cases of crimes against women were reported from these 53 cities
during the year 2011 as compared to 24,335 cases (35 mega cities) in the year 2010. The rate of
crime in cities at 21.0 was comparatively higher as compared to the National rate of 18.9.
Among 53 cities, Delhi (4,489 cases) has accounted for 13.3% of total such crimes followed by
Bengaluru (1,890 cases) (5.6%), Hyderabad (1,860 cases) (5.5%) and Vijayawada (1,797 cases)
(5.3%).
Post Delhi Gang Rape Case
Justice Verma Committee Recommendations In keeping with the public outrage over Nirbhayas
brutal gang rape in Delhi on November 16, the Justice J S Verma Committee has raised the bar
of punishment for a wide range of existing and proposed sexual offences even as it rejected the
demand for introducing death for rape.
CONCLUSION
Our Indian constitution was written in an era when the social condition of Indian women was
very poor and need an urgent reform. She was mentally and physically tortured in the society.
She was struggling to find her social status and a respectable place in the society. At that time
Indian women were in a need of some laws in order to improve their social position and to
ensure proper safety against mental and physical torture. At that time Dr. B. R. Ambedkar,
author of our Indian constitution, took certain constructive and much needed steps in favor of
Indian women to make them independent and socially strong and today we can see the
revolutionary change in the position and image of Indian women.

Due to the revolutionary changes brought by our constitution and efforts made by Indian women,
they have earned themselves a respectable position in the society. Now they are treated equally
with men. Today women are everywhere and to be precise women are in space, women are in
corporate, women are in politics, women are in entertainment field, women are in defense field
and the list goes on. It is indeed a matter of pleasure that the position of women has improved in
the last four decades. But still somewhere I feel that the presently Indian women are again a bit
struggling to maintain their dignity and freedom. Mental and physical torture of women has
again become common and that is why they have started feeling unsafe. As per my personal
understanding with the proper knowledge of legal and constitutional rights of a woman their
position can be further strengthen in the society. There are lots of provisions in our law which
protects a woman from mental and physical torture. To conclude I would like to say that Indian
women has come a long way and prove that she is capable of doing anything and equal partner in
the growth and prosperity of the nation. Women are one of the pillars of the society and it would
be very difficult to imagine society without the presence of women. Now it is high time for all of
us to understand the power of women. Even our judiciary and legislature has also accepted the
fact that women are one of the most important elements of society and their exploitation would
not be accepted at any cost. There is one saying that behind every successful man there is a
woman. This saying is enough to prove that man and women both are necessary element of
society. Women plays different role in her life which is not an easy task. During her life she acts
as daughter, wife, sister and mother at different stages of life. So we must give them due care and
respect and understand their efforts towards welfare of the society at large.



REFERENCES :
AlertNet, The world's most dangerous
countries for women, TrustLaw, Thomson
Reuters Foundation, accessed on
www.trust.org/trustlaw/news/factsheet-theworlds-
most-dangerous-countries-for-women
retrieved on 6th February 2013
[2] BBC report on How India treats its women dated 29
December 2012, www.bbc.com retrieved on 12th February
2013
[3] NCRB, (2011), Crime in India: Compendium-
2011, National Crime Records Bureau,
Ministry of Home Affairs, Government of
India, New Delhi
[4] NCRB, (2011), Crime in India: Statistics-2011,
National Crime Records Bureau, Ministry of
Home Affairs, Government of India, New
Delhi
[5] Coomaraswamy, Radhika, (2005), Human
Security and Gender Violence, Economic and
Political Weekly Vol. 40, No. 44/45 (Oct. 29 -
Nov. 4, 2005)
[6] Prajanya Trust, (2010) GENDER VIOLENCE
IN INDIA : A Prajnya Report 2010, Prajanya
Trust, Chennai
[7] OXFAM, (2004), Oxfam Briefing Paper,
August 2004, Towards Ending Violence
against Women in South Asia, OXFAM
International, Washington DC
Patel, C.L.,(1996), Empowerment of Women
and Law, Central India Law Quarterly, Vol.
lX: IV, New Delhi
[9] Reuters, India advances, but many women
still trapped in dark ages quoted in AlertNet,
Thomson Reuters Foundation, accessed on
www.trust.org/alertnet/news/feature-indiaadvances-
but-many-women-still-trapped-indark-
ages/ retrieved on 6th February 2013
[10]UNIFEM, (2010), Who Answers to Women?
GENDER & ACCOUNTABILITY, UNIFEM,
New York City
[11]Wardak , Ariana, Indian woman gangraped,
set on fire by abusers, TrustLaw, Thomson
Reuters Foundation, accessed on
www.trust.org/trustlaw/news/indian-womangangraped-
set-on-fire-by-abusers-report
retrieved on 6th February 2013