Women's Commission in India

The National Commission for Women (NCW) is the apex body in India for addressing issues related
to women’s rights and empowerment. It was established to act as a statutory body responsible for
safeguarding the rights of women and promoting their welfare. In addition to the National
Commission, many State Women’s Commissions exist, which play a crucial role in tackling gender-
based issues at the regional level. Below, we explore the formation, role, functions, and significance
of the National Commission for Women (NCW) and State Women’s Commissions in India.

1. National Commission for Women (NCW)

Formation of NCW

- The National Commission for Women (NCW) was established by an act of Parliament, the National
Commission for Women Act, 1990, under the provisions of Article 253 of the Constitution of India.
- The NCW was set up to address the specific issues faced by women in India and to promote gender
equality and women’s rights at a national level.

Objectives and Functions of NCW

The primary objectives and functions of the NCW are as follows:

1. Advisory Role: The NCW advises the government on all matters relating to the welfare and rights
of women. It reviews the laws and policies impacting women and recommends reforms to improve
their socio-economic and political status.

2. Investigating and Monitoring: One of the key roles of the NCW is to investigate and monitor all
matters relating to the safeguards provided for women under the Constitution and various laws. The
Commission has the authority to inquire into complaints of violation of women’s rights and take
corrective actions.

3. Filing Complaints and Redressal: The NCW plays an active role in addressing grievances related to
issues such as domestic violence, dowry harassment, sexual harassment at the workplace, etc. It helps
in providing legal aid and seeking redress for affected women.

4. Promoting Awareness: The Commission works towards creating awareness among women about
their rights and legal provisions available to protect them. It also organizes campaigns, workshops,
and seminars to sensitize society about women’s issues.

5. Monitoring Government Schemes: The NCW monitors the implementation of government schemes
and policies that aim to uplift and empower women. It assesses whether these initiatives are
adequately benefiting women and makes recommendations for improvement.

6. Advocacy and Policy Making: The NCW plays a crucial role in advocating for gender-sensitive
policies and laws. It actively engages with both state and central governments to push for reforms
aimed at women’s welfare, such as the Equal Pay for Equal Work principle and anti-sexual
harassment laws.

7. Promotion of Gender Equality: The NCW promotes gender equality and works to eliminate
discrimination and violence against women. It also focuses on empowering women socially,
economically, and politically.

8. Representation in International Forums: The NCW represents India in various international forums
dealing with women’s rights and gender equality, such as the United Nations Commission on the
Status of Women (CSW).

Composition of NCW

- The National Commission for Women consists of a chairperson, who is a woman, and five members,
including a member secretary. The members are selected based on their expertise in fields like law,
social work, education, and women’s rights.
- The members are appointed for a period of three years by the central government, and the
chairperson and members are usually women with significant experience in working for women’s
issues.

Impact of NCW

The NCW has been instrumental in raising awareness about critical issues affecting women, such as
gender-based violence, domestic abuse, and female foeticide. It has also led to legal reforms such as:
- The amendment to the Dowry Prohibition Act (1961).
- Advocacy for the passage of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act (2013).
- Pushing for the Criminal Law (Amendment) Act (2013), which strengthened laws against rape and
sexual assault in the aftermath of the Nirbhaya case (2012).
2. State Women’s Commissions

Along with the National Commission for Women, various State Women’s Commissions operate at the
regional level. These commissions are empowered to address women’s issues at the state level,
particularly focusing on regional and local challenges that affect women.

Functions of State Women’s Commissions

1. Protection of Rights: Just like the NCW, State Women’s Commissions work to protect women’s
rights within the state and focus on regional laws that affect women’s welfare.

2. Grievance Redressal: They investigate and address complaints related to violence, discrimination,
and harassment faced by women. The commissions work closely with local authorities to ensure the
protection of women in their respective states.

3. Advocacy for Women’s Rights: State Commissions raise awareness about women’s rights and
educate women on the available legal resources for their protection.

4. Monitoring Government Programs: These commissions monitor the implementation of various

women-centric schemes at the state level, ensuring that women benefit from welfare programs, such
as education, healthcare, employment opportunities, and safety measures.

Examples of State Women’s Commissions

- Maharashtra State Women’s Commission: It has been instrumental in organizing campaigns

against female foeticide and domestic violence and has actively pushed for reforms in the state’s
personal laws concerning women’s inheritance and property rights.

- Uttar Pradesh State Women’s Commission: The Commission has focused on the safety and
security of women, working closely with law enforcement to ensure the protection of women against
crimes like rape, dowry harassment, and acid attacks.

- Delhi Commission for Women (DCW): DCW has been a vocal body in advocating for women's
safety in Delhi, with a special emphasis on sexual violence, harassment, and public safety for women.
3. Challenges and Criticisms of Women’s Commissions

While the Women’s Commissions at both the national and state levels have played a significant role
in the empowerment of women, there are certain challenges and criticisms:

- Limited Powers: Women’s Commissions, especially at the state level, often face limitations in
terms of legal powers. They can recommend actions but do not have direct authority to enforce
decisions, making their role more advisory in nature.

- Underfunding: Many Women’s Commissions, especially at the state level, face issues of
underfunding and lack of resources, which limit their ability to carry out effective programs or
outreach initiatives.

- Overburdened with Cases: The growing number of complaints related to violence and
discrimination against women has led to overburdened commissions, making it difficult to address
each case efficiently.

- Political Influence: In some cases, political influence has affected the functioning of these
commissions, making them less effective in carrying out their mandates.

- Delayed Justice: The process of addressing complaints and issuing recommendations is sometimes
slow, and many women continue to face delays in getting justice.

It has no actual legislative powers. It only has the powers to suggest amendments and submit reports
which are not obligatory on a state or union governments.
It does not have the power to choose its own members. The power selecting members is vested
with the Union Government and the nature of the country’s volatile political scenario tends the
commission to be politicized.
It is reliant on financial assistance from the Union Government and this could compromise the
independence of the Commission.
The jurisdiction of the commission is not operating in Jammu and Kashmir and considering the
current political unrest and human rights infringements in the region, the presence of the commission
is vital.
List of Women-Specific Legislation

Multiple laws have been passed for the safety and rights of women in India. Below is a list of
a few such laws:
The Immoral Traffic (Prevention) Act, 1956

The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)

The Commission of Sati (Prevention) Act, 1987 (3 of 1988)

The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL)

Act, 2013

The Criminal Law (Amendment) Act, 2013

Protection of Women from Domestic Violence Act, 2005

The Indecent Representation of Women (Prohibition) Act, 1986

Conclusion

The National Commission for Women and State Women’s Commissions are crucial components of
India's efforts to empower women and ensure their rights and protection. They serve as both advocacy
bodies and grievance redressal forums, working to eliminate discrimination, violence, and
exploitation of women. While significant progress has been made, there are still challenges in terms of
resources, political influence, and the speed of justice. Strengthening these commissions and ensuring
better coordination between national and state bodies is essential for achieving true empowerment for
women in India.
 Crimes Against Women: Legislative and Judicial Initiatives in India

Crimes against women are a significant social problem in India, involving a wide range of offenses
such as domestic violence, sexual assault, dowry harassment, trafficking, and child marriage. Over the
years, there have been a series of legislative and judicial initiatives aimed at addressing these issues,
ensuring the protection of women, and providing justice for victims. These efforts are critical for
creating a more gender-equal society where women can live free from violence and discrimination.

1. Legislative Initiatives

The Indian legal system has introduced a variety of laws and reforms aimed at combating crimes
against women. These laws provide protection, justice, and preventive measures for female victims of
violence, abuse, and exploitation.

1. BNS

- Section 63 - Rape: This section deals with the offense of rape. The law has been amended several
times to make it more stringent and ensure better protection for women. After the Nirbhaya case
(2012), the Criminal Law (Amendment) Act (2013) introduced stricter penalties for rape, including
the death penalty for certain types of rape, and broadened the definition to include sexual assault.

- Section 79 - Outraging Modesty of Women: This provision deals with assault or criminal force with
the intent to outrage a woman’s modesty. This section has been expanded to cover offenses such as
stalking and voyeurism.

- Section 85 - Cruelty by Husband or Relatives: This section was introduced to protect married
women from cruelty or harassment by their husbands or in-laws. It covers mental and physical
cruelty, including dowry harassment.

- Section 108 - Abetment of Suicide: This section deals with cases where a person abets the suicide of
a woman, often in cases of dowry-related harassment.

Section - 89 - Causing Miscarriage

Section 85 - Cruelty - harassment of the woman where such harassment is with a view to coercing her
or any person related to her to meet any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet such demand
b. The Protection of Women from Domestic Violence Act, 2005

This law was enacted to address the widespread issue of domestic violence in India. The Protection of
Women from Domestic Violence Act (PWDVA) provides protection for women who face physical,
emotional, sexual, or economic abuse within the home. The Act offers the following:

- Immediate Protection: Women facing domestic violence can apply for protection orders, which
prohibit the abuser from contacting or harassing them.
- Residence Orders: Women can seek residence orders, which ensure that they are not evicted from
their homes, even if the abuser owns the property.
- Monetary Relief: Victims can be provided with monetary relief for damages caused by the violence,
as well as compensation for medical expenses and loss of earnings.

c. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)

Act, 2013

This law was enacted to provide a safe working environment for women and prevent sexual
harassment at the workplace. The law mandates employers to:

- Set up Internal Complaints Committees (ICC) to handle complaints.

- Provide awareness programs to employees about sexual harassment.
- Take preventive measures and initiate action if harassment occurs.

d. The Dowry Prohibition Act, 1961

The Dowry Prohibition Act was introduced to prevent the practice of dowry, where the bride’s family
is forced to provide money, property, or gifts to the groom’s family. The law makes dowry demands
illegal and punishable with imprisonment and fines. This act aims to curb dowry-related violence,
including dowry deaths.

e. The Immoral Traffic (Prevention) Act (ITPA), 1956

This law aims to combat human trafficking, particularly sex trafficking, and forced prostitution. It
provides for the rescue and rehabilitation of victims, and criminalizes the prostitution of minors.
f. The Prohibition of Child Marriage Act, 2006

This law addresses the issue of child marriages, which disproportionately affect young girls. It sets the
legal marriage age for girls at 18 years and boys at 21 years, with the goal of preventing child brides
and ensuring that girls are not forced into early, abusive marriages.

g. The Criminal Law (Amendment) Act, 2013 (Nirbhaya Case)

Following the 2012 Nirbhaya case, a landmark amendment to the criminal law was passed in 2013.
Key provisions include:

- Expanded Definition of Rape: The law broadened the definition of rape to include acts of penetrative
sexual assault, non-penetrative sexual assault, and sexual acts not amounting to penetration.
- Harsher Punishments: The law introduced life imprisonment or death penalty for rapists, depending
on the severity of the offense.
- Increased Punishment for Juvenile Offenders: The age for juveniles was raised to 16 for committing
heinous crimes like rape, thereby making those aged 16-18 years eligible for trial as adults.

2. Judicial Initiatives
The judiciary has also played a significant role in the protection of women’s rights through judicial
pronouncements, ensuring the implementation of existing laws and interpreting them to address
contemporary issues related to crimes against women.
a. Vishaka v. State of Rajasthan (1997)
In this landmark case, the Supreme Court of India laid down guidelines for the prevention of sexual
harassment at the workplace, even before the passage of the Sexual Harassment of Women at
Workplace Act, 2013. The Vishaka Guidelines mandated the creation of Internal Complaints
Committees in workplaces, outlining the responsibilities of employers in preventing and addressing
workplace harassment.
laxmi v uoi - Acid attack
Ritu Kohli Case- Cyberbullying 1st case in india
nirbhaya case

b. Shah Bano Case (1985)

In this case, the Supreme Court ruled that a Muslim woman is entitled to maintenance from her
husband after divorce under Section 125 of the Criminal Procedure Code (CrPC), even if Muslim
personal law did not provide for such a right. This judgment contributed significantly to advancing the
cause of women’s rights in matters of marriage and divorce.
c. Triple Talaq Case (2017)

In a significant ruling in 2017, the Supreme Court declared the practice of Triple Talaq (instant
divorce) as unconstitutional and void. This decision was a victory for Muslim women, protecting
them from arbitrary divorces that left them destitute and unprotected.

d. Public Interest Litigations (PILs)

The judiciary has encouraged the use of Public Interest Litigations (PILs) to address issues of gender
inequality and crimes against women. Through PILs, various women’s organizations and individuals
have sought judicial intervention on issues such as:

- Safety of women in public spaces.

- Better implementation of laws related to crimes against women.
- Reform of the justice system to ensure speedy trials in cases of sexual violence.

e. POCSO Act and Judicial Review

The Protection of Children from Sexual Offences (POCSO) Act, 2012 criminalizes sexual offenses
against children. The judiciary has actively worked on ensuring its implementation by directing the
creation of special courts for faster trial of child sexual abuse cases. Courts have also ensured that
victims receive psychological counseling and other forms of support during trial.

3. Challenges and Gaps

Despite the legislative and judicial initiatives, the effectiveness of these measures has been limited by
several challenges:
- Implementation Gaps: Many laws, such as those against dowry harassment, domestic violence, and
sexual harassment, are often poorly implemented due to lack of awareness, resistance from the
community, and insufficient infrastructure.
- Underreporting of Crimes: Many crimes, particularly domestic violence and sexual assault, often
go unreported due to social stigma, fear of retaliation, and lack of trust in the justice system.
- Delay in Justice: Long delays in the legal process and under-resourced judicial systems result in
slow trials and impunity for perpetrators.
- Victim Blaming: Victims of crimes such as rape and domestic violence are often blamed for the
incident, leading to further victimization and discouragement from reporting crimes.
Child Welfare and Social Transformation: Prohibition of Child Labour

Child welfare is a critical aspect of societal progress and is intertwined with the moral, economic, and
social fabric of a nation. One of the key issues in child welfare is child labour, which denies children
their right to education, development, and a healthy childhood. Addressing child labour has been a
significant focus for both international and domestic norms, as well as judicial systems worldwide. In
India, this concern has led to the creation of laws, frameworks, and judicial interventions aimed at
eradicating child labour, particularly in light of social transformation.

This discussion focuses on the prohibition of child labour through international norms, domestic legal
frameworks, and judicial initiatives in India.

1. International Norms on the Prohibition of Child Labour

1. Worst Forms of Child Labour Convention, 1999 (No. 182)
· Adopted by: International Labour Organization (ILO) in 1999.
· Purpose: To eliminate the worst forms of child labour, including slavery, trafficking, debt
bondage, forced labour, prostitution, pornography, and hazardous work.
· Key Provisions: Immediate and effective measures to secure prohibition and elimination of these
forms of child labour. Emphasis on rehabilitation and social integration of affected children2.
2. Convention on the Rights of the Child (CRC), 1989
· Adopted by: United Nations General Assembly in 1989.
· Purpose: To protect the rights of children worldwide.
· Key Provisions: Article 32 specifically addresses child labour, obligating states to recognize the
right of the child to be protected from economic exploitation and from performing any work that
is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's
health or physical, mental, spiritual, moral, or social development.
3. Forced Labour Convention, 1930 (No. 29)
· Adopted by: ILO in 1930.
· Purpose: To suppress the use of forced or compulsory labour in all its forms.
· Key Provisions: Includes provisions to protect children from forced labour.
4. United Nations Supplementary Convention on the Abolition of Slavery, 1956
· Adopted by: United Nations.
· Purpose: To supplement the 1926 Slavery Convention and address practices similar to slavery,
including child labour.
5. ILO Minimum Age Convention, 1973 (No. 138)
· Adopted by: ILO in 1973.
· Purpose: To set the general minimum age for admission to employment.
· Key Provisions: Establishes minimum age for entry into work, with a higher minimum age for
hazardous work.

c. Sustainable Development Goals (SDGs)

In 2015, the United Nations adopted the Sustainable Development Goals (SDGs), with Goal 8
focusing on promoting sustained, inclusive, and sustainable economic growth and full and productive
employment. Specifically, Target 8.7 calls for the immediate and effective elimination of forced
labour, end child labour in all its forms, and ensure that no child is subjected to any form of
exploitation.

India, as part of the global community, is committed to achieving these goals and working toward the
elimination of child labour.

2. Domestic Norms in India on the Prohibition of Child Labour

India has enacted several laws and policies to combat child labour, ensuring compliance with both
international obligations and national welfare objectives. These laws have evolved over time to reflect
the growing recognition of the rights of children.

a. The Constitution of India

The Indian Constitution provides a robust legal foundation for the protection of children:=
- Article 21: Guarantees the right to life and personal liberty, which includes the right to education
and freedom from exploitation.
- Article 23: Prohibits traffic in human beings and begar (forced labour), which can be considered part
of child labour.
- Article 24: Specifically prohibits the employment of children under the age of 14 years in any
factories, mines, or other hazardous employment.

b. The Child Labour (Prohibition and Regulation) Act, 1986 (CLPRA)

The Child Labour (Prohibition and Regulation) Act, 1986 was one of the first legislative efforts by
India to address child labour. The Act aimed to prohibit the employment of children in hazardous
industries and regulate the conditions under which children could work in non-hazardous jobs.

- Prohibition of Child Labour in Hazardous Work: Children below the age of 14 were prohibited from
working in certain hazardous occupations such as mining, manufacturing, construction, and
transportation.
- Regulation of Non-Hazardous Work: The Act allowed children between the ages of 14 and 18 to
work in non-hazardous occupations under certain conditions, but it still limited the number of
working hours and types of work.

c. The Right to Education Act (RTE), 2009

The Right to Education Act guarantees free and compulsory education for all children between the
ages of 6 to 14 years. This law played a critical role in reducing child labour by encouraging families
to send their children to school rather than send them to work.

d. The Child and Adolescent Labour (Prohibition) Act, 2016 (Amendment)

In 2016, the Child Labour (Prohibition and Regulation) Act, 1986, was amended and renamed as the
Child and Adolescent Labour (Prohibition) Act, 2016. The new law has stricter provisions:

- Total Prohibition of Child Labour: The amendment banned the employment of children under 14
years of age in all forms of work, even in non-hazardous occupations.
- Adolescent Labour: The employment of adolescents (14-18 years) is permitted only in non-
hazardous occupations, with specific protections, including restrictions on the types of work and
working hours.

e. National Policy on Child Labour (1987)

The National Policy on Child Labour (1987) was developed to combat the growing problem of child
labour. This policy emphasizes the need for education, rehabilitation, and economic support to
families, aiming to remove children from the labour force and integrate them into the formal
education system.

3. Judicial Initiatives in India: Protecting Children from Labour

The Indian judiciary has played a pivotal role in ensuring the implementation of child labour laws and
protecting children's rights.

a. Bandhua Mukti Morcha v. Union of India (1984)

In this landmark case, the Supreme Court of India addressed the issue of bonded labour, which often
involved children. The Court directed that children and adults working in brick kilns, quarries, and
other hazardous sectors be freed from bondage and that the State provide rehabilitation. This case
marked a turning point in the judicial activism for child welfare.

b. M.C. Mehta v. State of Tamil Nadu (1996)

In this case, the Supreme Court ruled on the issue of child labour in the matchstick and fireworks
industry. The Court ordered the State to implement laws prohibiting child labour and directed the
authorities to enforce the prohibition of child labour strictly in hazardous industries. It also instructed
the government to educate and rehabilitate the children working in these industries.

c. Vishal Jeet v. Union of India (1990)

In this case, the Supreme Court held that the State must actively work to eliminate child labour and
directed the establishment of special schools and child care facilities to rehabilitate children
withdrawn from labour. It also emphasized that children removed from child labour must be provided
with alternative education and training.

d. Right to Education Case (2002)

In the case of Unnikrishnan v. State of Andhra Pradesh, the Supreme Court recognized the right to
education as a fundamental right under Article 21. This decision laid the groundwork for the Right to
Education Act, which has been a crucial step in reducing child labour by ensuring that all children
have access to free and compulsory education.

2. People's Union for Democratic Rights vs. Union of India (1982)

· Issue: The case focused on the employment of children in the construction of the Asiad Games
Village in Delhi.
· Judgment: The Supreme Court held that the employment of children in such hazardous work was
 a violation of their fundamental rights and directed the government to take immediate steps to
prevent child labour.

3. R.D. Upadhyay vs. State of Andhra Pradesh and Others (2006)

· Issue: The case dealt with the enforcement of child labour laws and the need for effective
implementation.
· Judgment: The Supreme Court emphasized the importance of strict enforcement of child labour
laws and directed the government to take concrete steps to eliminate child labour.

4. Bachpan Bachao Andolan vs. Union of India (2011)

· Issue: The case focused on the rehabilitation of children rescued from hazardous labour.
· Judgment: The Supreme Court directed the government to ensure proper rehabilitation and
education for rescued children and to strengthen the implementation of child labour laws.

5. Bachpan Bachao Andolan vs. Union of India (2013)

· Issue: The case addressed the issue of child labour in domestic work.
· Judgment: The Supreme Court directed the government to frame guidelines to regulate domestic
work and ensure the protection of children from exploitation.

Conclusion

The prohibition of child labour is a complex issue that requires a multi-pronged approach combining
international norms, domestic laws, and judicial interventions. Over the years, India has made
significant strides in improving the legal and social framework to protect children from exploitation
and labour.

However, the implementation of these laws remains a challenge, especially in rural areas and in
industries where child labour is deeply entrenched. Awareness, strict enforcement, and education
remain the key tools in eliminating child labour and securing a better future for children in India.

Empowerment of Women: Constitutional and Statutory Provisions

Women's empowerment is a central theme in the social and legal landscape of India. Over the years,
the country has made significant strides in promoting gender equality and empowering women
through both constitutional provisions and statutory laws. These legal frameworks aim to safeguard
women's rights, ensure equal opportunities, and protect them from discrimination and violence.

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1. Constitutional Provisions for Women's Empowerment

India's Constitution provides a strong foundation for the empowerment of women. Several articles and
provisions are dedicated to promoting gender equality, safeguarding women's rights, and ensuring
their participation in all spheres of life.

a. Fundamental Rights

- Article 14 – Right to Equality: This article guarantees equality before the law and equal protection of
the laws. It prohibits discrimination on the basis of sex, ensuring that women have the same legal
rights and protections as men.

- Article 15 – Prohibition of Discrimination: Article 15 prohibits discrimination on the grounds of

religion, race, caste, sex, or place of birth. This includes measures for the special protection of women
in various contexts. For example, the government may provide reservations or special welfare
measures to improve the status of women in society.

- Article 16 – Equality of Opportunity in Public Employment: This article ensures that there is no
discrimination based on sex in matters of public employment. Women are entitled to equal
opportunities in government jobs and promotions.

- Article 21 – Protection of Life and Personal Liberty: Article 21 guarantees the right to life and
personal liberty, which includes the right to live with dignity and free from violence or exploitation. It
has been interpreted by courts to ensure protection against violence and harassment, particularly in
cases of domestic violence and sexual assault.

- Article 39(a) – Equal Justice and Free Legal Aid: This provision ensures that the state shall strive to
ensure that the operation of the legal system promotes justice on a basis of equal opportunity. This is
particularly relevant for women who are often marginalized or disadvantaged in accessing justice.

- Article 39(b) – Equitable Distribution of Wealth: It directs the state to secure equal rights for women
in the distribution of wealth and opportunities, such as through land reforms and the provision of
economic resources.
- Article 42 – Provision for Just and Humane Conditions of Work: This article directs the state to
make laws that ensure humane and just working conditions for women, including provisions for
maternity leave, equal pay for equal work, and protection from hazardous working environments.

- Article 51A(e) – Fundamental Duties: This article enjoins citizens to promote harmony and the spirit
of brotherhood amongst all people, and to renounce practices that are derogatory to women, thus
encouraging gender equality.

b. Directive Principles of State Policy (DPSP)

- Article 46 – Promotion of Welfare of Scheduled Castes, Scheduled Tribes, and Other Backward
Classes: This article encourages the state to promote the welfare of the marginalized, including
women from economically and socially disadvantaged communities. It includes measures for the
welfare of women and their upliftment.

- Article 15(3) – Special Provisions for Women and Children: It permits the State to make special
provisions for women and children, ensuring that their needs are specifically addressed, such as
through reservations or protection laws.

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2. Statutory Provisions for Women's Empowerment

In addition to constitutional protections, India has enacted numerous statutory laws aimed at
addressing the various challenges women face and promoting their empowerment in all areas of life.

a. The Constitution (One Hundred and First Amendment) Act, 2016 – Empowerment through
Reservations

This amendment introduced reservations for women in local bodies (panchayats, municipalities, etc.)
by reserving one-third of the seats for women. It also ensures proportional representation of women in
decision-making bodies at the grassroots level, fostering political empowerment.

b. The Equal Remuneration Act, 1976

This Act mandates that equal wages for equal work be paid to men and women. It prohibits
discrimination in matters of pay, training, or recruitment based on sex. It ensures that women are
compensated fairly for work of equal value, thus addressing economic inequality.

c. The Maternity Benefit Act, 1961

The Maternity Benefit Act provides for paid maternity leave, ensuring that women have financial
protection during pregnancy and childbirth. The Act has been amended over time to extend paid leave
for up to 26 weeks and includes provisions for workplace safety during pregnancy.

d. The Dowry Prohibition Act, 1961

The Dowry Prohibition Act criminalizes the demand, acceptance, and giving of dowry. Dowry has
long been a significant factor in violence against women, and this law aims to prevent the exploitation
of women in the marriage market.

e. The Protection of Women from Domestic Violence Act, 2005

This Act provides comprehensive protection to women from various forms of domestic violence,
including physical, sexual, emotional, and economic abuse. It provides women with a legal
framework to obtain protection orders, residence orders, monetary relief, and custody of children in
cases of domestic violence.

f. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013

The Sexual Harassment of Women at Workplace Act was enacted to provide women with a
mechanism to address complaints of sexual harassment at the workplace. The Act requires the
creation of Internal Complaints Committees (ICCs) in organizations with more than 10 employees to
handle complaints and ensure that workplaces are free of harassment.

g. The Hindu Succession (Amendment) Act, 2005

The Hindu Succession Act was amended in 2005 to give daughters equal rights as sons in ancestral
property. This Act ensured that women from Hindu families could inherit equal shares in family
property, thus promoting economic empowerment and reducing gender-based discrimination in
inheritance.
h. The Indian Penal Code (IPC) – Protection Against Violence and Discrimination

- Section 498A (Cruelty to Wife): This section criminalizes cruelty towards a wife by her husband or
his relatives, and provides a legal recourse for women facing domestic violence.

- Section 376 (Rape): This section defines rape and provides stringent penalties, including life
imprisonment and death penalty in certain cases, ensuring that women's sexual autonomy is legally
protected.

- Section 354 (Outraging the Modesty of a Woman): This section criminalizes physical assaults and
threats of assault aimed at degrading or insulting the modesty of women.

i. The Family Courts Act, 1984

The Family Courts Act established family courts to resolve family disputes, particularly those
involving women. It provides a more informal and accessible judicial process to handle matters
related to divorce, child custody, maintenance, and domestic violence.

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3. Women’s Empowerment in Political and Social Spheres

Beyond legal measures, women's empowerment is being actively promoted through initiatives that
target political, economic, and social aspects of women’s lives.

- Women’s Reservation in Parliament: Although not yet enacted, the Women’s Reservation Bill seeks
to reserve 33% of seats for women in the Lok Sabha (House of the People) and Rajya Sabha (Council
of States). If passed, this bill would significantly enhance women’s participation in decision-making
at the national level.

- National Policy for the Empowerment of Women, 2001: This policy outlines a comprehensive
framework to address the various aspects of women’s lives, such as health, education, violence,
economic empowerment, and political participation.

- Schemes like Beti Bachao Beti Padhao, Swadhar Greh, and Women Helpline have been
implemented by the government to promote gender equality, support women in distress, and ensure
their social security.

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Conclusion

The constitutional and statutory provisions for women’s empowerment in India form a robust legal
framework aimed at ensuring gender equality and protection of women’s rights. These provisions
have evolved over time to address the changing needs of women in society, from safeguarding basic
rights to promoting economic, political, and social empowerment.

While significant progress has been made, challenges remain, particularly in rural and underserved
areas, where women still face discrimination, violence, and limited opportunities. The continued
implementation, awareness, and strengthening of these laws are key to achieving true empowerment
for women in India.

Gender Injustice and Its Various Forms

Gender injustice refers to the unfair treatment of individuals based on their gender, typically involving
discrimination, exploitation, and violation of rights. It arises from societal norms, cultural beliefs, and
structural inequalities that favor one gender over another. In most societies, women and gender
minorities experience higher levels of injustice compared to men due to deeply rooted patriarchy,
traditional gender roles, and unequal power dynamics.

In India, despite legal protections, gender injustice persists in various forms across different spheres
of life, from personal relationships to public spaces, workplaces, and political participation. This
systemic injustice affects women, transgender persons, and even men in some specific contexts.

1. Gender Injustice in Personal and Domestic Life

a. Domestic Violence and Abuse

One of the most prevalent forms of gender injustice is domestic violence, where women face physical,
emotional, sexual, and economic abuse within their homes. This violence can take many forms:

- Physical abuse: Beating, slapping, or other forms of violence.

- Emotional abuse: Verbal humiliation, threats, and manipulation.
- Sexual violence: Coercion into sexual activities, marital rape (which is still a grey area in Indian
law).
- Economic abuse: Controlling finances and depriving women of financial independence.

b. Dowry and Dowry Deaths

The dowry system persists in many parts of India, leading to gender-based violence and
discrimination. Women are often subjected to harassment, physical violence, and even dowry deaths
if the demanded dowry is not provided. The Dowry Prohibition Act (1961) criminalizes dowry
demands, but the practice continues in many regions, exacerbating the suffering of women.

c. Female Foeticide and Infanticide

In certain parts of India, the preference for male children leads to female foeticide (the abortion of
female fetuses) and infanticide (the killing of female infants). This practice is deeply rooted in
patriarchal beliefs, where sons are considered the primary breadwinners and caretakers, while
daughters are seen as a financial burden.

d. Child Marriage
Child marriage is another form of gender injustice that disproportionately affects girls. While the
Prohibition of Child Marriage Act (2006) seeks to prevent child marriages, the practice remains
prevalent in rural and marginalized communities, denying girls their right to education, health, and
freedom.

2. Gender Injustice in the Workplace

a. Gender Wage Gap

A significant manifestation of gender injustice in the workplace is the gender pay gap, where women
are paid less than men for the same or similar work. Despite legal provisions like the Equal
Remuneration Act (1976), women continue to face wage disparities in almost every sector, including
corporate, academic, and government roles.

b. Sexual Harassment
Sexual harassment at the workplace remains a widespread issue. Despite the Sexual Harassment of
Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, many women face
harassment from colleagues, superiors, or even clients. Many victims are reluctant to report
harassment due to fear of retaliation, job loss, or societal stigma.
c. Glass Ceiling and Discrimination in Leadership
Women are often denied leadership and decision-making roles due to gender stereotypes that question
their competence and leadership abilities. The glass ceiling metaphor describes the invisible barrier
that prevents women from advancing to higher positions in the workplace. In addition, women from
marginalized groups (e.g., Dalit, Adivasi, and minority women) face double discrimination, both on
the basis of gender and caste/ethnicity.

3. Gender Injustice in Education

a. Gender Bias in Curriculum and Pedagogy

In many educational institutions, gender biases are ingrained in the curriculum and teaching practices.
This includes the reinforcement of traditional gender roles, where girls are often steered towards
subjects like home economics or nursing, while boys are encouraged to pursue engineering, science,
or leadership roles.

b. Dropout Rates and Limited Access to Education

Girls, particularly from rural or economically disadvantaged families, face gender-based barriers to
education, including:

- Early marriage or forced family responsibilities that pull them out of school.
- Security concerns related to traveling long distances to school, especially in unsafe areas.
- Cultural and societal expectations that prioritize the education of boys over girls.

c. Gender-Based Violence in Schools

Girls often face sexual harassment or violence in schools, whether from peers or even teachers. These
incidents contribute to lower attendance and high dropout rates among girls. Schools sometimes lack
the resources to adequately address gender-based violence, leading to an unsafe learning environment.

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4. Gender Injustice in Politics and Public Life

a. Underrepresentation of Women in Politics

Despite laws like the Reservation of Seats for Women in Local Bodies, women remain significantly
underrepresented in national and state parliaments. The Women’s Reservation Bill, which proposes to
reserve 33% of seats for women in parliament and state assemblies, has faced prolonged opposition
and delay, resulting in continued male dominance in decision-making processes.

b. Political Violence and Intimidation

Women in politics often face physical threats, intimidation, and character assassination. Political
leaders and activists advocating for women's rights are frequently targeted, especially when they
challenge entrenched patriarchal structures or corrupt practices.

5. Gender Injustice in the Legal System

a. Discriminatory Personal Laws

In India, personal laws governing marriage, inheritance, and divorce differ based on religion. These
laws sometimes offer discriminatory provisions for women, particularly in inheritance and divorce
rights:

- In Hindu Law, women’s inheritance rights were historically limited, although the Hindu Succession
(Amendment) Act, 2005 has sought to provide daughters with equal property rights. However,
Muslim women do not have equal inheritance rights under Muslim personal law.
- Divorce laws often disadvantage women, especially in Muslim and Hindu personal law, where
women may face social stigma, lack of alimony, or unequal distribution of property after separation.

b. Delayed Justice for Women

Women who are victims of violence, sexual assault, or domestic abuse often face a slow and
patriarchal justice system. The delayed trials, inefficient investigation processes, and lack of victim
support discourage women from seeking justice, further perpetuating gender injustice.

c. Rape and Sexual Violence

Sexual violence, including rape, remains a grave form of gender injustice. Despite stringent laws such
as the Criminal Law (Amendment) Act, 2013, following the Nirbhaya case, the underreporting of
sexual violence persists due to social stigma, victim-blaming, and lack of faith in the legal system.
The rape culture often discourages women from reporting incidents of sexual violence.

6. Gender Injustice Against Transgender Individuals

Transgender individuals face compounded forms of gender injustice, often experiencing:

- Social ostracism and discrimination in workplaces, schools, and public spaces.
- Violence and harassment by police, employers, and family members.
- Lack of legal recognition and healthcare access, including the right to transition or access gender-
affirming treatments.

India has made legal strides through the Transgender Persons (Protection of Rights) Act, 2019, but
societal discrimination remains widespread.

Chetan Kumar v. Union of India (2002): In this case, the Supreme Court passed an order
directing the Indian Medical Association to take proactive steps to eliminate sex-
selective abortions and protect the rights of female children.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act,
1994: This law prohibits the misuse of prenatal diagnostic techniques for the
purpose of sex determination and sex-selective abortions.

Vishaka v. State of Rajasthan (1997): Besides laying down guidelines for sexual harassment at the
workplace, the case highlighted the importance of safeguarding women’s dignity and preventing
sexual violence in public spaces.

Nirbhaya Case (2012): The horrific gang rape and murder of Nirbhaya led to a nationwide outcry
and the Criminal Law (Amendment) Act, 2013, which introduced stricter laws for sexual violence,
including the death penalty for brutal rape cases.

Randhir Singh v. Union of India (1982): The Supreme Court held that equal pay for equal work is
a constitutional right under Article 14 (Right to Equality) and Article 39(d) (Equal pay for equal
work), even if men and women are performing similar roles.