AUTHOR: SIMRANJEET KAUR

TITLE: WOMEN AND LAW

CATEGORY: RESEARCH PAPER

 TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................ 3
INDIAN REALITY ...................................................................................................................................... 4
STATUS OF WOMEN IN ANCIENT INDIAN CULTURE ....................................................................... 4
STRUGGLE FOR GENDER EQUALITY IN INDIA ................................................................................. 5
PROTECTING WOMEN RIGHTS BY THE INDIAN JUDICIARY ......................................................... 7
CONSTITUTIONAL RIGHTS TO WOMEN: ............................................................................................. 7
LEGAL RIGHTS TO WOMEN: .................................................................................................................. 8
 INTRODUCTION
In every era in the history of social development, the question of women and the question of
gender justice remained on board. It remained on board in every era for the reason as rightly
pointed out by famous theoretician Friedrich Engels in his classical writing “Origin of the
Family, Private Property and the State” that “Woman was the first human being that tasted
bondage. Woman was a slave before slavery existed”.

In India, the constitutionally guaranteed equality for women is juxtaposed with the harsh societal
reality.

The first leader of this free country, Pandit Nehru said “You can tell the condition of a nation by
looking at the status of its women”.

After Seven tumultuous decades we, as a nation, stand in an era of social liberation and
economic prosperity. We broadcast our nation as one filled with potential and opportunity, and
stand as future leaders of this free world.

But, are we ready to take on this responsibility? Have we grown, evolved and matured enough to
not only govern ourselves, but to grant, protect and ensure natural justice for all? If Pandit Nehru
was standing in judgment of us today, would he say that our Nation is in the best of conditions?

These are the tough questions that we must critically answer, before we bask in the laurels of our
accomplishments.

It is without a doubt that we, as a nation, have achieved great feats in propelling the societal
gears towards progressive thought and action. We are transforming the societal chains that once
bound women to live a life of servitude, to a pedestal that not only appreciates that value of
women, but also ensures that their contribution have an instrumental impact.

But, at the same time, we cannot say that all the chains have been lifted. We cannot say that the
women of this great nation are free to live and enjoy their lives. The milestones of women
empowerment often eclipse the sea of faceless and voiceless oppressed women in this country.
 INDIAN REALITY

India is remarkably unique, in the sense that it faces a dichotomy1 in nearly aspects of its vibrant
democracy.

Indira Gandhi’s rule as Prime Minister of India was a triumph for women in leadership, yet the
nation under her rule was populated by hundreds of millions of impoverished women, whose
lives changed remarkably little during her term.

Maternal mortality rates in some rural areas of India are among the worst in the world, yet India
has the world’s largest number of professionally qualified women, with more trained female
doctors, surgeons, scientists and professors than even the United States.

The legal sphere commands equality, yet the social sphere, where most Indian women live, has
remained unchanged despite clear legal and constitutional rights

STATUS OF WOMEN IN ANCIENT

INDIAN CULTURE

According to Manu ‘the daughter is the highest object of tenderness’ and ‘the mother is revered a
thousand times more than the father’.

According to Manu ‘the daughter is the highest object of tenderness’ and ‘the mother is revered a
thousand times more than the father’. The Vedic conception of the Mother Goddess is best
represented in Aditi, who is mentioned no less than eighty times in the Rig Veda. She is the
mother not only of the gods—deva-mātā—but also of kings, heroes, men and women; of the
entire nature—the manifest as also that which lies in the womb of the future.
1
Being twofold or duality
Rightly did Swami Vivekanand say, 'Just as a bird can not fly with one wing only, a Nation can
not march forward if the women are left behind'. Men and women are the two holes of a perfect
whole. Strength is borne of their union their separation results in weakness. Each has what the
other does not have. Each completes the other, and is completed by other. Etymologically 2, the
word 'woman' mean - half of man. The relation of the male and female is very well illustrated in
our Nyaya Darshan by the analogy of mind and matter, which means that man and woman are
closely associated with each other, as the soul and body. Therefore the women ought to be
respected.

STRUGGLE FOR GENDER EQUALITY IN

INDIA

The struggle for women’s equality began in India in the 20th century, as an offshoot of the fight
against British colonialism. Western-educated leaders like Mahatma Gandhi initiated this
struggle by stating that a woman is completely equal to a man. Millions of women, educated and
illiterate, housewives and widows, students and elderly, participated in India’s freedom
movement because of Gandhi’s influence. At the same time, women came into their own when
they took over for the imprisoned men and expanded the push for independence. In itself, the
idea of equality between genders, which derives from Western ideas of individual freedom, was
alien to the traditional, family oriented Indian society. But the seeds of change were planted
through the struggle for independence.

Mahatma Gandhi was having absolute faith in inherent power of women, he emphasized it by
saying-

“complete emancipation of women and her equality with man is the final goal of our social
development, whose realization no power on earth can prevent”.

2
Based on
However, the road for change is long and hard. The traditional roles for women are the child,
adolescent, wife, daughter-in-law, mother, mother-in-law, and widow. At marriage, a woman
often loses her identity and is referred to by her own parents as the “son-in-law’s wife.” In other
sectors of Indian society, women change their first and last names to that of their husbands,
obliterating their identity and sealing the husband’s feudal-like ownership of his wife.

The rare act of divorce is seen as a reflection on the woman, who is viewed as Westernized,
amoral and unmindful of her duties as a good Indian woman and wife. The growth in the number
of divorces in India is seen as either a sign of demoralization of Indians or as a sign of self-
assertion and independence.

Widows who make up more than 60 percent of the women over the age of 60 rarely remarry and
live out their lives in a culture that often shuns them as bad luck. Widows are supposed to remain
celibate, wear white, curb any romantic impulses, not wear the Bindi on their forehead and deny
themselves pleasures to honor their dead husbands while widowers can remarry freely, often to
child brides.

However, as Mother India coursed through the tough road of gender equality, she laid down
several landmark milestones. From the institution of a reformed succession code to election of
India’s first female Prime Minister to the impact of Globalization on India.

Status of Women among the minorities, particularly, among the Muslims calls for serious
attention for people who uphold the ideals of universal human rights. Currently, the issue of
triple talaq demands urgent remedial measures from all the State authorities, including the
Judiciary. Compared to their counterparts in the Hindu community, women in the minority
communities suffer a great deal in terms of denial of their access to education, healthcare and
employment. Discrimination of women among the minority communities is widely prevalent.
The issue of access of Muslim women to the Haji Ali Dargah in Mumbai glaringly stares us in
the face.
PROTECTING WOMEN RIGHTS BY THE
INDIAN JUDICIARY

Our Apex Court dealt with issues of women by keeping the principles of gender justice as a
paramount consideration, be that may be of violence against her or with regard to her status in
society, the question of marriage, adultery, or her service in public employment. The Supreme
Court dealt with issue of marriage and motherhood in the case of Nargis Mirza by keeping status
of women at par with men in constitutional framework. In the majority of cases, the Court dealt
with male chauvinism due to feudal violence or of criminal attitude. But, the present day
challenges in this regard are more complex and shall be more pervasive in coming years.

CONSTITUTIONAL RIGHTS
TO WOMEN:

The rights and safeguards enshrined in the constitution for women in India are listed below:

1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office
under the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
 5. The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article
39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].

LEGAL RIGHTS TO WOMEN:

The following various legislation’s contain several rights and safeguards for women:

1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation

to protect women in India from all forms of domestic violence. It also covers women who
have been/are in a relationship with the abuser and are subjected to violence of any
kind—physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents trafficking
in women and girls for the purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings, paintings,
figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention
of the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any
time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain
establishments for certain period before and after child-birth and provides for maternity
benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and medical
grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act (1994) prohibits sex selection before or after conception and prevents the misuse of
pre-natal diagnostic techniques for sex determination leading to female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men
and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service
conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of
a person to maintain his wife, arrest of woman by female police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and female
workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between
7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.