Women and Law for Adult Learners

Module Details

1. Subject Name Adult Education

2. Paper Name Women’s Studies

3. Module Number 7.7

4. Module Name Women and Law for Adult Learners

5. Principal Investigator Prof. Vandana Chakrabarti, Director, Lifelong Learning and

Extension, SNDT Women’s University, Mumbai
6. Paper Coordinator Dr Putul Sathe Associate Professor, Research Centre for Women’s
Studies, SNDT Women’s University, Mumbai
7. Content writer By Dr. Ruby Ojha Professor, Department of Economics, SNDT
Women’s University, Mumbai-400020

8. Content Reviewer Dr Vibhuti Patel, Professor, Advanced Centre for Women's

Studies, School of Development Studies,
TISS, Mumbai

Content Outline

1. Objectives
2. Keywords
3. Introduction
4. Fundamental and Legal Rights of Women
5. Other Rights
6. Common Violence against Women and Related Laws
6.1 Gender Discrimination
6.2 Gender bias in Property and Land Rights
6.3 Child Marriage
6.4 Laws Related to Safety of Women and Girls
6.5 Foeticide
6.6 Dowry
6.7 Domestic Violence
6.8 Child Labour
6.9 Harassment at Workplace
6.10 Rights of working women
6.11 Participation of Women in Panchayats And Municipalities
7. Conclusion

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1. Objectives

At the end of the module, the learner will be able to

 To increase awareness among women about their constitutional and legal
rights.
 To critically reflect on legislative measures for gender justice.
 To increase the confidence of women by improving their knowledge about the
available legal support structure in their difficult times.

2. Keywords

Constitution of India, protective legislations, Women’s Rights, Gender Equality

3. Introduction

The most important investment a country can make in the process of its
development is on its human resource. History proves that any country has not
been able to achieve higher ranking in development indicators without
strengthening its social infrastructure, especially education. Education can promote
development by improving human potentials. For sustainability of democratic
institutions also well informed educated population is the first condition. Adult
Education Programme in India is an effort to reach those who could not take the
opportunity to be educated in usual manner. For running this programme, all the
state governments have prepared literacy primers and self-learning material for neo
literates. These literacy primers are available on various subjects in various
languages. They are written with such relevant real life examples as users are able
to relate with the subject easily. One very important subject that neo literates,
especially women, must know very well is women’s rights and the laws which
protect them if they are denied these rights. With its political and economic growth
and more and more international interaction in a globalizing world, Indians are
becoming more aware about the available rights and opportunities. In this
environment, as women and girls are coming out of the four walls of their
households for education and employment, in large numbers they are moving into
the workforce, getting career-oriented and becoming more exposed to the outside
world - mental, physical and sexual harassment, misogyny and gender inequality
continue to be a way of life for most of them. In this context it becomes very
important that her awareness about the rights, mandated by the Indian constitution
and the legal system, gains significance and she is made equipped to exercise these
rights.

4. Fundamental and Legal Rights of Women

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The rights available to woman in India can be classified into two categories, namely-
constitutional rights and legal rights. The fundamental rights are those which are
provided in the various provisions of the constitution. The legal rights, on the other
hand, are those which are provided in the various laws (acts) of the Parliament and
the State Legislatures.

It is necessary for women to know the fundamental and legal rights in order to
protect their interests. Only if they are aware of their rights can they fight against
any injustice made on them at home, at the workplace, or in the society. In India all
the citizens are entitled to fundamental rights (mentioned in Graph) as per the
Constitution of India.

The Indian government has been pro-actively providing legal safeguards for women.
The Fundamental Rights of the constitution guarantee for empowerment of women
as follows:

 The Constitutional Guarantees for Empowerment of Women

Article 14 - equal rights and opportunities for men and women in the political,
economic and social sphere
Article 15 - prohibition of discrimination on the grounds of sex, religion, caste
etc.
Article 15(3) - empowerment to State to take affirmative measures for women
Article 16 - equality of opportunities in the matter of public appointments

 The Directive Principles ensure empowerment of women through:

Article 39 - enjoins the state to provide an adequate means of livelihood to men
and women and Equal pay for equal work
Article 42 - State to ensure the provision for just and humane condition of work
and maternity relief.

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  Fundamental duties of the Constitution include:
Article 51v (A) (e) - fundamental duty on every citizen to renounce the
practices derogatory to the dignity of women.

5. Other Rights

Rights to women are entitlements and freedoms claimed for women and girls of all
ages in many societies. Some of these rights are institutionalized or supported by
law, local custom, and behavior. In India, following Acts are having direct bearing
on rights of women:

 The Child Marriage Restraint Act, 1929

 The Factories Act, 1948 – Section 34 provided that the State government can
lay down rules prescribing weights that may be carried by men and women.
 Employees State Insurance Act, 1948
 Hindu Marriage Act, 1955
 Hindu Succession Act, 1956
 Immoral Traffic (Prevention) Act, 1956
 Dowry Prohibition Act, 1961
 Maternity Benefit Act, 1961,
 The Contract Labour (Regulation and Abolition) Actand Rules, 1970 provided
separate provision of utilities for women and fixed working hours.
 Medical Termination of Pregnancy Act, 1971
 The Equal Remuneration Act, 1976
 Family Courts Act, 1984
 Indecent Representation of Women (Prohibition) Act, 1986
 Child Labour (Prohibition and Regulation) Act, 1986
 The Commission of Sati (Prevention) Act, 1987
 National Commission for Women Act, 1990
 Juvenile Justice (Care and Protection of Children) Act, 2000
 Protection of Women from Domestic Violence Act, 2005
 The Prohibition of Child Marriage Act, 2006
 The Protection of Children from Sexual Offences Act, 2012
– The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
– Maternity Benefit (Amendment) Act 2017

Besides, there are several other sections relevant to women’s rights in the other
Acts.

Along with the protection given to women under the constitutional provisions and
under various acts, Women are also required to know the legal rights given as
below.

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6. Common Violence against Women and Related Laws

6.1 Gender Discrimination

Despite the right to equality given to women in the constitution of India and despite
the government being empowered to adopt equitable discrimination in their favour,
women of India still face societal discrimination.

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 Today, whether it is health, education, mortality rate or any other development
parameter, women of India are on very weak footing. Equal Remuneration Act,
1976 prevents discrimination in terms of remuneration. It provides for payment of
equal remuneration to men and women workers for similar work. This is not found
in practice even in government run employment programmes like MGNREGA.
Despite many similar efforts to raise the social status of women equal to that of
men, India’s ranking is 125 out of 188 countries in 2015 as per Gender Inequality
Index of Human Development Report, UNDP. The same report also reveals that
during 2005-15 percentage of men above the age of 25 years with at least
secondary education was 61.4 and women 35.3. Similarly, in 2015 percentage of
men above the age of 15 years participating in labour force is 79.1 and that of
women is 26.8.

6.2 Gender bias in Property and Land Rights

There is much gender bias in property and land inheritance in India. While providing
support to women facing problems concerning marriage, divorce, maintenance,
alimony, property rights, custody of child/children and guardianship rights, there is
a huge gap in what appears in law books and what happens in practice. It is realized
that the existing personal laws and most of the customary laws were discriminating
against women. Testamentary powers deny the daughters their property rights.
This problem is more severe in tribal and rural areas. The laws seem to be
powerless in front of the social structures that deny daughters full right of residence
in the parental dwelling houses. A woman on being abused in her matrimonial home
has little choice but to continue to endure it. Her natal household is usually unwilling
to have her back for fear of the social stigma attached to single women. These and
other considerations restrict a women’s reliance on her parents’ households in times
of potentially dangerous marital relations. On September 9, 2005, the supreme
Court of India granted women’s rights to ancestral property as per Hindu Succession
(Amendment) Act, 2005.

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6.3 Child Marriage

According to the International Centre for Research on Women, Washington DC

almost 47 percent of girls are married before the age of 18. Currently, India ranks
13 in the world when it comes to child marriages. Although in India, child marriage
has been banned since 1860 and the Child Marriage Restraint Act was passed in
1929, it is still a common practice. The Prohibition of Child Marriage Act was made
effective in 2006. This act defines child marriage where the bride is under 18 years
of age or the boy is younger than 21 years. Parents trying to marry underage
children are subject to action under this law. Still, according to UNICEF’s “State of
World Children, 2009” report 47% of India’s women aged 20 to 24 were married
before the prescribed legal age of 18 years, - 56% in rural areas. About 40% of
world’s child marriages occur in India.

6.4 Laws Related to Safety of Women and Girls

Following the gang rape of a 23-year-old physiotherapist in a moving bus in Delhi

on 16th December 2013, Justice Varma Committee was appointed to bring changes
in the antiquated Rape Laws. The law on Rape, 2013 makes stalking & cyber
stalking (Section 354 D), voyeurism (Section 354 C) and sexual harassment a
crime. It also provides for the death penalty for repeat offenders or for rape attacks
that lead to the victim's death. The law also makes it a crime for police officers to
refuse to open cases when they receive complaints of sexual attacks. The

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 Parliament of India has also passed The Protection of Children from Sexual
Offences Act, 2012, aimed at protecting children in India against the evil of child
sexual abuse. It came into force on 14-11-2012, Children’s Day (in India) along
with the rules framed under the Act.

6.5 Foeticide
Declining Child Sex Ratio The sex ratio (the number of women per 1000 men) is a
critical indicator of both social attitudes towards women as well as the changing
dimensions of social denominators with regard to gender and development. Though
all medical tests determining the sex of the child have been banned, still India has a
high masculine sex ratio. This is attributed to the female infanticide and sex
selective abortions.

After Maharashtra passed a legislation to regulate prenatal sex determination tests

in 1988, Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse)
PNDT Act was enacted in 1994 by the Centre. This was followed by similar Acts by
several state governments and union territories of India. This was the result of
pressure created by Forum Against Sex-determination and Sex-preselection. But
there was a gross violation of this central legislation. After filing of PIL in the
Supreme Court of India by CEHAT, MASUM and Dr. Sabu George, Pre Conception
and Pre Natal Diagnostic Techniques Act, 2002 was passed.

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6.6 Dowry

Dowry is often asked from the bride and her family by the groom and his family.
The system has taken strong roots in patriarchal societies. When demands for
dowry even after marriage are not met by the bride’s families then many brides are
tortured, beaten and even killed. Sometimes brides are not able to face the torture
and commit suicide. In 1961, Government of India passed the Dowry Prohibition
Act. According to this act, taking or giving of dowry at the time of the marriage to
the bride or the bridegroom and their family is to be penalized.

6.7 Domestic Violence

The protection of Women from Domestic Violence Act [2005] came into force on
October 26, 2006. This Act provides for more effective protection of the rights of
women guaranteed under the Constitution who are victims of violence of any kind
occurring within the family and for matters connected therewith or incidental
thereto. The scope of this legislation has been widened to include persons who have
“shared households and are related by consanguinity, marriage or a relationship in
the nature of marriage or adoption to relationship with family members---. Even
those women who are sisters, widows, mothers, single women or living with the
abuser entitled to get protection.”

As a result of the pressure of women’s groups and judicial activism, new provisions
of laws have been provided. Such as-

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  Recognition of the right to residence of a woman in the parental or matrimonial
homes,
 Provision for the appointment of protection officers and the recognition of
service providers,
 Gender sensitization trainings for Protection Officers and Judges with regard to
criminal legal system,
 Procedural laws,
 Rules and infrastructure and budgetary allocation for strengthening the
structures and mechanisms for implementation.

6.8 Child Labour

The government of India recently amended the child labour laws allowing children
below 14 to work in family businesses and the entertainment industry (excluding
circuses) to create “a balance between the need for education for a child and reality
of the socio-economic condition and social fabric in the country.” The amendment
also introduced a new definition of “adolescents”—children between 14 and 18 years
of age—and barred them from working in any hazardous industry. However, the
recent statistics about child labour is very disturbing:

 One in every 11 children in India is working.

 80% of working children are based in rural areas and three out of four of these
children work in agriculture.
 More than half of the 5.5 million working children in India are concentrated in
five states—Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh and Maharashtra.
 Nearly 10% of adolescents working in hazardous conditions are working in
family enterprises.
 56% of the working adolescents are no longer studying. And 70% of those in
hazardous conditions are not studying.
 More boys (38.7 million) than girls (8.8 million) are involved in hazardous
work.
 While the incidence of hazardous work among adolescents is highest in
Nicaragua, the number of adolescents in hazardous work is greatest in India
(2.4 million). (Source-International Labour Organization’s World Report on
Child Labour 2015 and CRY recent analysis of the Census 2011)

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6.9 Harassment at Workplace

After 30 years of consistent efforts, Indian women’s movement has managed to get
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013. During the 1990s, the most controversial and brutal gang
rape at the workplace involved a Rajasthan state government employee who tried
to prevent child marriage as part of her duties as a worker of the Women
Development Programme of Government of Rajasthan. The feudal patriarchs who
were enraged by her 'guts' (in their words: "a lowly woman from a poor and potter
community") decided to teach her a lesson and raped her repeatedly in public view.
After an extremely humiliating legal battle in the Rajasthan High Court the rape
survivor did not get justice and the rapists -- "educated and upper caste affluent
men" – were allowed to go free. This enraged a women's rights group called
Vishakha that filed public interest litigation in the Supreme Court of India. This
resulted into Vishakha Directive by Supreme Court of India in 1997 that made
employers responsible for safety of women. The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 seeks to protect them
from sexual harassment at their place of work. Sexual harassment at workplace also
includes – the use of language with sexual overtones, invasion of private space with
a male colleague hovering too close for comfort, subtle touches and innuendoes.

6.10 Rights of Working Women

Women are known to work in all types of occupations. The majority of women
work in the unorganized sector for low wages and at low levels of skills. Women
constitute a significant part of the workforce in India but they lag behind men in
terms of work participation (26% as compared to 52% in males) and quality of
employment. About 87 percent of women workers are employed in the
agricultural sector as laborers and cultivators. In urban areas, on an average
wage/salary paid to women is about 75% of that paid to men, while in rural areas
women are paid about 58% of what is paid to men. This wage disparity differs
across sectors and education levels.

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 In addition to the Maternity Benefit Act, 1961 almost all the major central labour
laws are applicable to women workers. This act regulates the employment of
women and maternity benefits mandated by law. It states that a woman
employee who has worked in an organization for a period of at least 80 days
during the 12 months preceding the date of her expected delivery is entitled to
receive maternity benefits, which includes maternity leave, nursing breaks,
medical allowance, etc. The Equal Remuneration Act was passed in 1976,
providing for the payment of equal remuneration to men and women workers for
same or similar nature of work. In respect of occupational hazards concerning the
safety of women at workplaces, in 1997 the Supreme Court of India in the case of
Vishakha Vs. State of Rajasthan [(1997) 6 SCC 241] held that sexual harassment
of working women amounts to violation of rights of gender equality.

6.11 Participation of Women in Panchayats And Municipalities

The 73rd and 74th Amendments to the Constitution provides for 33%
reservations of seats for women in Panchayats and Municipalities. UNDP Report,
2002 reported, “The evidence on gender and decentralisation in India suggests
that while women have played a positive role in addressing, or attempting to
address, a range of practical gender needs (Practical gender needs Practical
Gender Needs are identified keeping into consideration, gender based division of
labour or women’s subordinate position in the economy. They are a response to
immediate perceived necessity, identified within a specific context. They are
practical in nature and often are concerned with inadequacies in living conditions
such as provision of fuel, water, healthcare and employment.), their impact on
strategic gender needs (Strategic gender needs Strategic Gender Needs are
different in different economic contexts and are determined by statutory
provisions, affirmative action by the state, pro-active role of the employers to
enhance women’s position in the economy and social movements) is not
remarkable.”

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7. Conclusion

The legal framework available to women in India for safety, security and progress is
quite satisfactory but major challenges in the way to getting justice for a woman are
the prejudiced social system, faulty implementation, biased governance structure
and societal attitude which does not want to break the traditional norms. Majority of
Indian Women do not know their rights and even if they know they do not have
necessary means to exercise their rights in the family, workplace, society and
political sphere.
_____________

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