1.

RIGHTS OF WOMEN THAT HAVE BEEN UPHELD BY THE CONSTITUTION OF INDIA

INTRODUCTION
According to a report of the United Nations - "women constitute half of the world populatic nearly two-thirds of works
hours, receive one tenth of the world income and own less tha one hundred per cent of world's property."
In view of the Supreme Court as observed in Madhu Krishnan v State of Bihar, women form half of the Indian
population. Women have always been discriminated against men and have suffered denial and are suffering
discrimination in silence. Self sacrifice and self denial are their nobility and fortitude and yet they have been subjected
to all kinds of inequities indignities, incongruities and discrimination.
The Constitution of India, 1950 has certain provisions relating to women. It makes special provisions for the betterment,
treatment and development of women in every sphere of life.
The Preamble- The Preamble is the key to the Constitution. It does not discriminate men and women bit it treats them
alike. The framers of the Constitution were well aware of in equal treatment meted out to the fair sex, from the time
immemorial. In India, the history of suppression of women is very old and long which is responsible including general
and special provisions for upliftment and development of the status of women. Certain provisions are specifically
designed for the benefit of women.
Undoubtedly, the preamble appended to the constitution of India, 1950 contains various objectives including, "the
equality of status and opportunity" to all the citizens. This objective has been inserted with the view to give equal status
to men and women in terms of the opportunity.
Fundamental Rights
Part III of the Constitution of India, 1950 deals with the fundamental rights. The provisions regarding fundamental rights
have been enshrined in Articles 12 to 35, which are applicable to all the citizens irrespective of sex. However, certain
provisions protect the rights of women.
According to Article 15(3) of the Constitution, discrimination on grounds of religion, race, caste, sex or place of birth
shall not prevent the state from making any special provisions for women and children. Under the Constitution the state
has been given power to make law.. relating to women and children but such laws shall not be violative of Article 15 of
the Constitution. Article 15(1) prohibits gender discrimination. Article 15(3) lifts that ignomir and permits the state to
positively discriminate in favour of women to make special provisions to ameliorate their social. economic and nolitical
condition.
Article 15(3) of the Constitution makes special provisions for women and children. It empowered the state to make
special legislation in this regard. The Courts have always approved the validly of such special legislation rather special
measures. These women and children oriented beneficial legislations can be seen in the ambit of the Criminal Law.
It is to be noted that the Constitution of India guarantees all the rights to women which are given to men. The special
features of fundamental rights are as under:
1. Rights to Equality (Articles 14 and 15 of Constitution) - It means the equality of opportunity, equality before law,
equal protection in the laws, not discriminating against any person on grounds of sex, religion, caste and place of birth
and no discrimination in the matters of public employment on the grounds of sex only as provided under Article 16 of
the Constitution.
2. Right to Freedom -Articles 19 to 22 of the Constitution deal with the right to freedom. It includes right to freedom
of speech, protection in respect of conviction for offences, protection of life and personal liberty and protection against
arrest and detention, etc.
3. Right against Exploitation- According to Article 23 of the Constitution traffic in human beings and forced labour is
prohibited. Employment of children is prohibited under Article 24 of the Constitution.
4. Right to Freedom of Religion - Articles 25 to 28 of the Constitution deal with right to freedom of religion. It means
professing, practising and propagating religion freely.
5. Cultural and Educational Rights -The interest of minorities is protected under Article 29 of the Constitution. Further
Article 30 of the Constitution provides the right of minorities to establish and administer educational institutions.
6. Rights to Constitutional Remedies- Every Citizen has been provided the right to Constitutional remedies. Article
32 to 35 deal with the right to Constitutional remedies.
Directive Principles of State Policy and Women
Under the Indian Constitution, 1950 the directive principles of State policy is the reflection of governance that India is
a welfare democratic state. This policy envisaged equal rights to work, equal work, adequate means of decent and
dignified livelihood to both men and women these are guaranteed under the directive principles of state policy. Part IV
of the Constitution containing Articles 38, 39 (a) (d) and (e), 42, 44 and 45 deal with the welfare and development of
women.
According to Article 39(a) the State should direct its policy towards securing that the citizens, men and women equally
have the right to an adequate means of livelihood. This Article provides equal rights for all citizens, irrespective of sex,
to adequate means of livelihood.
As per Article 39(d) of the Constitution in the States that there should be equal pay for equ work for both men and
women. Thus, the state is under Constitutional obligation to direct its policy towards securing that there is equal pay for
equal work for both men and women.
(i) Principles of "equal work" is a Constitutional goal
(ii) Men and Women workers to be protected equally
(iii) Equal justice and free legal laid
(iv) Uniform Civil Code and Gender Justice, Equality
(v) Conversion-Right as to Plurality of Marriage is not conferred on husband
(vi) Protection of women from prostitution and rehabilitation of their children
(vii) PIL regarding eradication of prostitution
(viii) Article 23 of the Constitution and Reservation for SC/ST/BC/Women
(ix) Women's right to make reproductive choice
Reservation of seats for Women in Panchayats and Municipalities: Articles 243D Clause (3) and 243T Clause (3)
call for the “reservation of at least one-third of the total number of seats in Panchayats and
Municipalities for women, who will be assigned to different Constituencies by rotation”.
According to Article 243D Clause (4) and Article 243T Clause (4), women must contain a minimum “one-
third of the total number of chairperson officials in Panchayats and Municipalities at each level”.
Voting rights or Electoral law
A minimum of one-third of the seats must be provided for women. In a Panchayat, such seats may
be assigned to different constituencies via rotation.
“The office of chairperson in the Panchayat at the village or other level shall be reserved for SCs,
STs, and women in the manner provided by legislation by the state legislature”.
Seats reserved for women in municipal councils.
INDIAN LEGAL PROVISION RELATING TO WOMEN
To implement the “Constitution's mission, the state has passed a number of laws aimed at ensuring equal
rights, combating social discrimination and other forms of violence and atrocities, and providing support
services, particularly to working women”. Women can be victims of a different crime, including murder,
robbery, and cheating. 'Crime against Women' is a term used to describe crimes committed exclusively
against women.
On the grounds of gender equality, here are few rights a woman holds in India.
Right to equal pay: When it comes to salary, pay, or earnings, one cannot be discriminated against
on the basis of sex, according to the Equal Remuneration Act's rules. Working women have the
right to be paid equally to working males.
Right to dignity and decency: In an event that the accused is a woman, any medical examination
procedure on her must be performed by or in the presence of another woman.
Right against workplace harassment: If a woman is subjected to any sort of sexual harassment
at work, she can file a complaint under the Sexual Harassment of Women at Workplace Act. She
has three months to file a “written complaint with an Internal Complaints Committee (ICC) at a
branch office” under this act.
Right against Domestic violence: “Domestic violence (including verbal, economic, emotional,
and sexual)” by the spouse or relatives is protected by Section 498A of the Indian Penal Code for a
wife or “a woman residing in a family like a mother or a sister”. The accused shall be sentenced to
a term of non-bailable imprisonment of up to three years, as well as a fine.
Right to keep identity anonymous of Sexual assault victim: “A woman who has been sexually
harassed may record her statement alone before a district magistrate when the matter is under trial,
or in the presence of a female police officer, to ensure that her privacy is respected”.
Right to get free legal aid- Rape victims have the right to free legal aid or assistance from the
Legal Services Authority, which is required to find a lawyer for her under the Legal Services
Authorities Act.
Right not to be arrested at night: Unless there is an extraordinary case on the orders of a first-
class magistrate, a woman cannot be arrested after sunset and before morning. Furthermore, a woman can only be
interrogated by the police at her home in the presence of a female constable
and family members or acquaintances, according to the rule.
Right to register virtual complaints: “The law gives women the provision for filing virtual
complaints via e-mail, or writing her complaint and sending it to a police station from a registered
postal address”. “Further, the SHO sends a police constable to her place to record her complaint
and this is in case a woman is not in a position to physically go to a police station and file a
complaint”.
Right against being stalked: Under Section 354D of the Indian Penal Code an offender has to face
legal consequences if he or she follows a woman, “tries to contact her to foster personal interaction
despite a clear indication of disinterest, or monitors a woman's use of the internet, email, or any
other form of electronic communication”.
Fundamental Duties and Respect for Women
Article 51A(e) of the Constitution underscores the moral obligations of every citizen to renounce practices derogatory
to the dignity of women. This provision plays a critical role in fostering a culture of respect and dignity towards women,
urging citizens to eliminate practices that demean or discriminate against women.
Vindhya Saxena v. East Delhi Municipal Corporation (Right to use mother's surname)
In Vindhya Saxena v. East Delhi Municipal Corporation (2021), the Delhi High Court stated that a father does not have
the right to dictate terms to his daughters, and each child may use their mother's name as long as it is appropriate. During
the hearing, the court issued the directive in response to a petition from the father of a minor girl, who was seeking
permission to use his name as the daughter's surname instead of her mother's.

The judge declined the plea and refused to give a direction like this and claimed that the father does not own his daughter.
According to the judge, the minor girl can use her mother's surname if she wishes to do so. It was held that every child
has the right to use his or her mother's surname if he or she so desires.
Secretary, Ministry of Defense v. Babita Puniya and Ors (Gender equality in the army)
As a result of its decision in the Secretary, Ministry of Defense v. Babita Puniya and Ors (2020), the Supreme Court has
paved the way for a new era of constitutional change in the Indian Army by shattering gender stereotypes. The court
ruled that all female army officers are eligible for command responsibilities as well as for permanent commissions.
Further, the court stated that the submissions presented by the Ministry of Defense were "supported by sexist stereotypes
and assumptions about socially attributed roles of gender which discriminate against women."
In part, this statement reflects a strong stereotype, which assumes that domestic obligations rest exclusively on women.
According to the Court, such notions are flawed and violate Article 14 of the Constitution of India. Women officers are
more likely to face hazards of service as a result of their prolonged absence during pregnancy, motherhood, and family
obligations. It is important to commemorate this judgment, which led to gender equality in the armed services.
CONCLUSION
It's a fact that women all over the world are likely to suffer in some way. We must step up our efforts to empower women
and advance them through their human rights. Giving women equal rights and opportunities is our moral, social, and
constitutional responsibility to assure growth. One of the most important components in achieving growth is the status
and position of women in society.Women must come together to accomplish their goals, as this is a cause that demands
continual attention and leadership from all. Other crucial efforts to ensure women's rights include legal literacy and
awareness activities. Paralegals should be trained to teach women about their rights and the issues of the twenty-first
century for the reason.
2. THE JOURNEY OF “EQUAL PAY FOR EQUAL WORK” FOR WOMEN EMPLOYEES IN INDIA.
The principle of “equal pay for equal work” is primarily a social and economic goal that many nations, including India,
strive to achieve. It aims to eliminate wage disparities based on irrelevant factors like gender, caste, or contract status.
The idea is rooted in fairness and seeks to ensure that workers are compensated equally for similar efforts and
contributions.
Historically, the gender pay gap has been a significant issue worldwide, with women often earning less than men for
performing the same jobs. The issue has been prevalent in India as well, despite legislative measures aimed at curbing
discrimination. The principle of equal pay extends beyond gender and also covers any form of unjustified wage disparity.
Constitutional Provisions on Equal Pay for Equal Work
The Indian Constitution, which came into force in 1950, lays the foundation for equality and non-discrimination.
However, the principle of equal pay for equal work is not explicitly mentioned as a fundamental right in the Constitution.
Instead, it appears in Part IV under the Directive Principles of State Policy (DPSP), which are guidelines for the state to
apply while framing laws. Let’s explore the relevant constitutional provisions in detail.
Article 14: Right to Equality
Article 14 guarantees the right to equality before the law and equal protection of the laws to every person within India.
It prohibits discrimination by the state on arbitrary grounds. This article lays the foundation for equality, suggesting that
no person should be treated differently in similar situations, which could be construed to support the principle of equal
pay for equal work.
Article 15: Prohibition of Discrimination
Article 15 of the Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This
article, though more general in nature, complements Article 14 by ensuring that there is no differential treatment based
on irrelevant characteristics, which again implies that people performing the same work should receive equal pay
regardless of their background or gender.
Article 16: Equality in Public Employment
Article 16 guarantees equal opportunity in matters of public employment. It ensures that no citizen is discriminated
against on grounds of religion, race, caste, sex, descent, place of birth, or residence. The principle of equal pay for equal
work, although not expressly mentioned, aligns with the broader theme of equality and fairness in employment
opportunities.
Article 39(d): Directive Principles of State Policy
Article 39(d) of the Indian Constitution is part of the Directive Principles and explicitly refers to equal pay for equal
work. It directs the state to ensure that men and women receive equal pay for equal work. However, since the Directive
Principles are not enforceable by any court of law, the article does not make equal pay for equal work a legally
enforceable right. Nevertheless, the DPSP serves as a guiding principles for the state to formulate policies aimed at
achieving social and economic justice.
While the Constitution provides a framework for equality, the absence of a direct, enforceable provision under the
Fundamental Rights chapter poses the question of whether equal pay for equal work can be considered a fundamental
right in practice.
Landmark Cases on Equal Pay for Equal Work
Indian courts have played a significant role in interpreting the principle of equal pay for equal work and its relationship
with constitutional provisions. Several landmark cases have shaped the jurisprudence on this issue.
Randhir Singh vs Union of India (1982)
In the landmark case of Randhir Singh v. Union of India, the Supreme Court held that although the principle of equal
pay for equal work is not explicitly a fundamental right, it can be deduced from Articles 14 and 16 of the Constitution.
The court observed that equal pay for equal work is a constitutional goal and can be enforced in cases of discriminatory
practices in pay scales based on unreasonable classifications.
This judgement marked a significant step in recognising equal pay for equal work as an enforceable right, albeit under
the broader canopy of Articles 14 and 16, and not as a standalone fundamental right.
Dhirendra Chamoli vs State of U.P. (1986)
In this case, the Supreme Court extended the principle of equal pay for equal work to daily wage workers. The
petitioners, who were daily wage earners, argued that they were performing the same work as regular employees but
were being paid less. The Court held that they were entitled to the same pay as regular employees for the same work,
thereby reinforcing the principle of equal pay for equal work.
State of Punjab vs Jagjit Singh (2016)
In this case, the Supreme Court held that temporary workers, daily wage earners, and contractual employees who
perform the same duties as regular employees are entitled to equal pay. The Court emphasised that equal pay for equal
work is a fundamental tenet of Article 14 and cannot be disregarded in a welfare state like India. The judgement
reinforced the idea that even if the principle is not explicitly mentioned in the Constitution as a fundamental right, it
must be treated as one in practice.
State of Madhya Pradesh vs R.D. Sharma (2022)
In a more recent case, the Supreme Court clarified that while equal pay for equal work is a constitutional goal, it is not
a fundamental right vested in every employee. The Court emphasised that it is the government’s responsibility to ensure
equal pay and judicial intervention is only warranted in cases of glaring injustice or arbitrary actions by the state.
These judgements indicate that while equal pay for equal work is not explicitly recognised as a fundamental right, it is
enforceable in certain circumstances, particularly when tied to the broader rights of equality under Articles 14 and 16.
Laws Governing Equal Pay for Equal Work
India has enacted several laws aimed at promoting wage equality and preventing discrimination in remuneration. These
laws contribute to the practical enforcement of the principle of equal pay for equal work.
Equal Remuneration Act, 1976
The Equal Remuneration Act, 1976, was enacted to eliminate gender-based discrimination in wage payments. It
mandates that men and women performing the same work or work of a similar nature should receive equal pay. The Act
also prohibits employers from reducing the wages of male employees to comply with the equal pay provisions, thus
ensuring that women’s wages are raised to match men’s wages where disparity exists.
While this law addresses gender-based wage disparity, it does not cover other forms of discrimination, such as disparities
based on contract status (temporary vs. permanent employees) or casual vs. regular workers.
Code on Wages, 2019
The Code on Wages, 2019, consolidates several labour laws, including the Equal Remuneration Act, and extends its
coverage to include all forms of discrimination in wages, not just gender-based. The Code mandates equal pay for equal
work regardless of gender and applies to employees across all industries, public or private. The inclusion of this principle
in the Code on Wages represents a significant step towards the legislative enforcement of equal pay for equal work in
India.
Minimum Wages Act, 1948
While the Minimum Wages Act does not explicitly deal with equal pay for equal work, it plays a role in ensuring that
workers are paid fairly and are not exploited by being paid below the minimum wage. The Act empowers the government
to fix minimum wage rates for different employments, which indirectly contributes to addressing wage disparity.
The Contract Labour (Regulation and Abolition) Act, 1970
This Act aims to regulate the employment of contract labour and to abolish unfair labour practices in the hiring of
contract workers. Though it does not directly address equal pay for equal work, it does ensure that contract workers are
treated fairly, which has implications for wage equality between contract and permanent employees.
 Equal Pay and Gender Disparity
One of the most significant areas where the principle of equal pay for equal work applies is gender-based wage disparity.
Despite the legislative framework in place, wage inequality based on gender remains a persistent issue in India.
The Global Gender Gap Report 2020 by the World Economic Forum ranked India 112th out of 153 countries in terms
of gender equality. The report highlighted the gender pay gap as a critical issue, with women in India earning
significantly less than men for similar work. This disparity exists despite the constitutional provisions and the Equal
Remuneration Act, indicating the gap between law and practice.
Several factors contribute to the gender pay gap, including occupational segregation, the undervaluation of women’s
work, and societal norms that prioritise men’s roles in the workforce. While the principle of equal pay for equal work
seeks to address these issues, its enforcement remains challenging in practice.
EXCEPTIONS TO EQUAL PAY FOR EQUAL WORK
Equal pay for equal work is a fundamental right now. However, it is not an absolute right. It has some exceptions. These
exceptions are not expressly listed anywhere and they too have developed through a series of cases. According to some
these are not actually exceptions but just instances where the principle of equal pay for equal work does not apply.
In case of F.A.I.C and C.E.S. v. Union of India, the Supreme court held that different pay scales can be fixed for
government servants holding same post and performing similar work on the basis of difference in degree of
responsibility, reliability and confidentiality. The court further said that equal pay depends on the nature of work done
and not mere volume of work. There may be qualitative differences as regards reliability and responsibility.

In Mewa Ram v. A.I.I.M.S, the Supreme court has held that if the duties and functions are of similar nature but if
educational qualifications prescribed for the two posts are different and there is difference in measure of responsibilitics,
the principle of equal pay for equal work would not apply. Thus, different salaries can be given to Hearing Therapists
and Audiologists in A.I.I.M.S due to difference in educational qualifications.
In Associated Bank Officers Association v. State Bank of India, it has been held that the officers of the State Bank
of India and officers of subsidiary banks of State Bank of India are not in a comparable position considering
responsibilities of officers of the State Bank of India. Thus, principle of equal pay for equal work could not be applied
in this case.
India has been a permanent member of the ILO Governing Body from 1922. In September 1958, India ratified the Equal
Remuneration Convention, 1951, which addressed the issue of equal pay between men and women for work of equal
value. This convention requires all member states to direct their national laws and policies towards guaranteeing equal
remuneration to all workers, regardless of gender. In an attempt to ensure compliance with this convention and in
response to the report by the Committee on status of women in India, the government enacted the Equal Remuneration
Act.
Challenges in Implementation
• Wage disparity still exists, especially in the unorganized sector, rural labor, and private enterprises.
• Lack of awareness among women workers about their rights.
• Difficulty in legally proving "same or similar work".
Conclusion
The principle of equal pay for equal work, though not explicitly a fundamental right in the Indian Constitution, has been
recognised and enforced through a combination of constitutional provisions, legislative measures, and judicial
pronouncements. Articles 14, 15, and 16, along with Article 39(d) under the Directive Principles of State Policy, provide
a constitutional framework for wage equality. Additionally, laws like the Equal Remuneration Act and the Code on
Wages reinforce the principle by mandating equal pay for similar work.
However, the challenges in enforcing equal pay for equal work, particularly in the informal sector and in addressing
gender-based wage disparities, remain significant. While judicial interventions have been instrumental in expanding the
scope of the principle, the lack of robust enforcement mechanisms and awareness among workers continues to hinder
its full realisation.
In conclusion, equal pay for equal work may not be explicitly a fundamental right in India, but it has evolved into an
enforceable right through the judiciary’s interpretation of the Constitution’s equality provisions. As India continues to
develop economically, further efforts are needed to bridge the gap between legal provisions and practical implementation
to ensure that all workers receive fair and equal compensation for their labour.
3. LEGAL OBLIGATION OF HINDU MALE MAINTAINS HIS WIFE AND UNMARRIED DAUGHTER IN
INDIA WITH SUPREME COURT JUDGEMENT
The maintenance of the aged parents, infant children and wife is considered to be the greatest duty of a person. It is the
belief of the Hindus that if one faithfully fulfils this duty, the gates of heaven are wide open for one. One may also attain
salvation for this. On the other hand, a person who indulges in charity or dan at the cost of the maintenance of his aged
parents, infant children and wife is condemned by the sages: it is like tasting honey which turns to be poison later. During
the British period it was a well established rule that the maintenance of the aforesaid three sets of persons was a personal
obligation of every male Hindu. Under the modern Hindu law, in respect of aged parents and minor children, this is an
obligation of every Hindu, male or female. Thus a Hindu has personal obligation to maintain (1) his wife, (2) children,
and (3) aged parents.
1) Wife
The obligation of a husband to maintain his wife does not arise out of any contract, express or implied, but out of the
status of marriage, out of the jural relationship of the husband and wife created by the performance of the marriage. The
obligation of the husband to maintain his wife begins with marriage. It is irrespective of the fact whether he has or has
no property. Hindu law-givers did not deny maintenance even to unchaste wife, provided she continued to live with her
husband though in such a case she was entitled to starving maintenance? In the modern Hindu law wife is entitled to
maintenance after dissolution of marriage respectively.
Thus, wife's right to maintenance may arise in the following three situations:-
(a) When the wife lives with her husband,
(b) When the wife lives separate from her husband, (not under a decree of the court), and
(c) When the wife lives separate under the decree of the court (judicial separation) or when the marriage is dissolved.
S. 18 (1), Hindu Adoption and Maintenance Act.
When wife lives with husband. In all patriarchal societies it has been considered an imperative duty of the wife to live
with her husband and perform all conjugal duties, Side by side with this obligation of the wife, the husband's obligation
to maintain his wife begins with marriage. A wife who resides with her husband must be maintained hy him. It cannot
be valid ground to refuse maintenance that his financial condition is not good. The obligation of the husband to maintain
his wife is personal obligation. Where an immature wife lives with her parents, the husband's obligation to maintain her
subsists. Except the husband, no other member of the family has any personal obligation to maintain her.
The husband's obligation to maintain her comes to an end only when she leaves him without any good cause or without
his consent. Before 1956, it was a settled law that unchaste wife who continues to live with her husband was entitled to
starving maintenance. An unchaste wife, who left her husband but subsequently repented, performed expiatory rites and
returned to live with her husband, was entitled to maintenance, the modern Hindu law lays down that a Hindu wife is
entitled to be maintained by her husband during her life time.
Sub-section (3) of section 18 lays down that "a Hindu wife shall not be entitled to separate residence and maintenance
from her husband if she is unchaste or ceased to be a Hindu by conversion to another religion." It is submitted that this
provision is applicable to sub-section (2) of section 18 which provides for separate residence and maintenance for wife
in certain cases. It cannot be applicable to the case of the wife who lives with her husband i.e. to subsection (1). This is
made clear by section 24 which lays a general disqualification; a non-Hindu cannot claim maintenance. Thus a wife
who has ceased to be Hindu cannot claim maintenance under the modern law; she could also not claim it under the old
law. But an unchaste wife, who lives with her husband, can claim maintenance against her husband under the modern
law.
S. 18 (2) Hindu Adoption and Maintenance Act.
When the wife lives apart. A wife who lives apart with the consent of the husband is entitled to maintenance. She is also
entitled to maintenance if she lives separate from her husband for a justifiable cause. Section 18 (2) of the Hindu
Adoption and Maintenance Act, 1956 lays down the ground on which the wife may live separate and claim maintenance.
These are:
1. Desertion. 'Desertion as a ground for living separate is defined by section 18 (2) as "abandoning her without
reasonable cause or without or her consent or against her will or of willfully neglecting her". The distinction between
"desertion" as a ground for living separately and as a ground for judicial separation or divorce under sections 10 and 13.
Hindu Marriage Act, 1995 is that under the latter desertion must be at least for two years duration, while, under the
former it may be of any duration. On the ground of willful neglect by the husband, wife can live separately and claim
maintenance."
2. Cruelty. Clause (b) of section 18 (2), Hindu Adoption and Maintenance Act, gives same definition to cruelty as is
given to it, in Hindu Marriage Act, 1995. In Rama Devi v. Raja Ram the husband by his conduct made it evidently clear
that she was not wanted in the house and her presence was resented by him, it was held that this amounted to cruelty
and justified wife's living separate.
3. Leprosy. Clause (c) of section 18 (2) runs: "if he is suffering from virulent form of leprosy." Leprosy as a ground for
separate residence may be of any duration, no period is prescribed, but it must be existing at the time when the claim
for separate residence and maintenance is made: it may have been existing before the marriage or it may have come into
existence shortly before the claim is made.
4. Another wife is living. Clause (d) of section 18 (2) runs: "if he has any other wife living". This clause has come for
interpretation in number of cases. It should be noted that any wife can claim separate residence and maintenance
provided other wife should be living at the time when the claim is made. It is also immaterial that the wife had consented
to the second marriage of the husband. A wife is entitled to separate residenceand maintenance if the other wife is alive,
and it is not necessary the latter should have been or is living with the husband,"
5. Keeps a concubine. Clause (e) of section 18 (2) runs: "if he keeps the concubine in the same house in which his wife
is living or habitually resides with a concubine elsewhere." "Keeping a concubine" or "living with a concubine" are
extreme forms of "living in adultery". In either cases the wife is entitled to live separately and claim maintenance from
her husband.

6. Conversion. -Clause (f) of section 18 (2) runs: "if he has ceased to be Hindu by conversion to other religion".

7. Any other justifiable cause. Clause (g) is a residue clause. It runs: "if there is any other cause justifying her living
separately". The conduct of the husband should be such that, in the opinion of the court, the wife has "grave and weighty"
or "grave and convincing" reason for withdrawing from the society of the husband, and it would amount to justifiable
cause. If the husband refuses to comply with a decree of restitution, the can claim maintenance under section 18 (2)."
Mere drinking habit of the husband is not a sufficient ground for separate residence and maintenance.
S. 18 (3), Hindu Adoption and Maintenance Act.
Forfeiture of the claim of maintenance, A wife is entitled to separate residence and maintenance may forfeit her claim
in the following three cases:-
a) An unchaste wife has no right to claim separate residence and maintenance, (Section 18
(3). Hindu Adoption and Maintenance Act.)
b) A wife who has ceased to be a Hindu by conversion to other religion has no right to claim maintenance. (Sections 18
(3) and 24 of the Hindu Adoption and Maintenance Act.)
c) Once a view was that the wife who has resumed cohabitation with her husband forfeits her claim for separate residence
and maintenance because the precondition of the claim is that the wife is living separately from her husband, if that
precondition continue to exist the wife cannot claim maintenance. The court observed that by mere resumption of
cohabitation the order of maintenance passed under section 18 (2) does not terminate. It is submitted that these are
correct. So long as the basis of separate living is not extinguished, she will be entitled to live separate and claim
maintenance.
The Hindu law does not recognize the right of the husband to claim maintenance against the wife, except in cases which
are covered under sections 24 and 25. Hindu Marriage Act, 1955.
Rajnesh v. Neha & Anr. (2020) 13 SCC 454
Landmark judgment on maintenance rights of wives, children, and parents under Section 125 CrPC.
Issued detailed guidelines for:
Interim and permanent maintenance.
Avoiding delays in maintenance claims.
Use of standard format affidavits for both parties disclosing income, assets, and liabilities.
Maintenance should be realistic and account for dignified living, not merely survival.
Set uniform maintenance procedures across courts in India, improving access to fair and quick maintenance for wives.
Suneel v. State of Haryana (2021 SC OnLine SC 214)
The husband argued that since the wife was capable of earning, she should not be awarded maintenance.
The Court rejected the claim, holding that mere capability to work does not disentitle a wife to maintenance.
Significance:
Reaffirmed that a wife not actually earning is still eligible, even if qualified or capable of earning.
Manoj Kumar v. Champa Devi (2023 SC OnLine SC 689)
Supreme Court increased the wife's maintenance after finding that the husband was underreporting his income.
 Significance:
Courts can impute income to husbands if they try to avoid their responsibilities.
Maintenance Rights of Unmarried Hindu Daughters
Hindu Adoptions and Maintenance Act, 1956
• Section 20(1): A Hindu is obligated to maintain his legitimate or illegitimate children during his lifetime.
• Section 20(2): A child may claim maintenance from their parents as long as they are a minor.
• Section 20(3): The obligation to maintain an unmarried daughter extends as long as she is unable to maintain herself
from her own earnings or property.
Code of Criminal Procedure, 1973
• Section 125: Provides for maintenance to wives, children, and parents. An unmarried daughter can claim maintenance
under this section only if she is unable to maintain herself due to physical or mental abnormality or injury.
Abhilasha v. Prakash & Ors. (2020) 2 SCC 498
An unmarried Hindu daughter, even after attaining majority, can claim maintenance from her father under Section 20 of
the Hindu Adoptions and Maintenance Act, 1956 (HAMA). CrPC Section 125 applies only if the daughter is minor or
has mental/physical incapacity.
Significance:
Clarified that Hindu daughters can claim maintenance even after turning 18, if they are unmarried and unable to maintain
themsel
XYZ v. State of Gujarat (2023 SC OnLine SC 45)
Addressed rights of a minor daughter born out of a live-in relationship.
Held that maintenance cannot be denied merely because the child was born out of a live-in or non-marital relationship.

Significance:
Expanded the definition of child eligibility for maintenance, including daughters outside formal marriage.
Neha Tyagi v. Lieutenant Colonel Deepak Tyagi (2021)
A father's duty and responsibility to keep his child until they reach the age of majority cannot be excused. It is also
undeniable that the child has a right to be cared for in accordance with his father's position. This was observed by
division bench judges comprising of Hon'ble Justices Mukeshkumar Rasikbhai Shah and A.S. Bopanna of the Supreme
Court of India, in the matter of Neha Tyagi vs. Lieutenant Colonel Deepak Tyagi (2021).
Facts of the case
The facts of the case are that the appellant and respondent were married and had a son out of wedlock. A disagreement
erupted between the husband and wife, and the appellant-wife filed a number of complaints against the respondent-
husband along with his employer, the Army Authorities. The complaints included the respondent's extramarital affairs
as well. The respondent-husband filed a divorce petition against the appellant-wife in the learned Family Court of Jaipur,
alleging cruelty and desertion by the appellant. On May 19, 2008, the learned Family Court issued a decision dissolving
the marriage between the appellant and the respondent based on cruelty and desertion by the appellant-wife. The
appellant, in this case, filed an appeal with the High Court, feeling offended and unhappy with the ruling. The High
Court dismissed the said appeal and upheld the decision and decree of the learned Family Court in the contested
judgement and order. As a result, at the request of the appellant-wife, the present appeal was filed in the Supreme Court.
Observation by the Apex Court
1. After reviewing the facts and arguments offered, the Supreme Court concluded that the respondent's duty and
responsibility to maintain his son until he reaches the age of majority cannot be relieved. A child should not be made to
suffer because of a disagreement between husband and wife. The father's duty and responsibility for the child's
maintenance remain until the child reaches the age of majority. It is likewise unarguable that the son has a right to be
maintained in the same manner as his mother.
2. It has been stated that the mother is unemployed. As a result, regardless of the decree of dissolution of the marriage
between the appellant-wife and the respondent, a reasonable/sufficient sum is necessary for her son's maintenance,
including his schooling, which must be provided by the respondent.
3. In light of the foregoing reasons indicated above, the current appeal was dismissed by affirming the
divorce/dissolution of marriage decree entered between the appellant-wife and the respondent-husband. However, the
respondent-husband is ordered to pay the appellant Rs.50,000/- per month beginning in December 2019 for the support
of his kid, based on the respondent's current condition
4. PRESENT LEGAL STATUS OF MARITAL RAPE IN INDIA AND INDIAN JUDICIAL APPROACH
TOWARDS IT ?
Out of 185 countries in the world, 77 have laws that clearly criminalise marital rape while there are 34 countries
that explicitly decriminalise marital rape, or in essence, offer immunity to men who perpetrate rape against their
wives. The word 'rape' has been primarily derived from the Latin term raptus which literally refers to the act by one man
of damaging or destroying the property of another man. Here, property primarily referred to wife or daughter of another
man.
Marital rape, as the name suggests is rape caused to a spouse by her husband. It basically refers to the actual use or
threat of use of force by the husband against the wife to compel her into sexual intercourse. This form of rape also
known as conjugal rape or wife rape is also said to have taken place when the wife is compelled to have entered into
sexual intercourse in a situation when she is unable to express consent. This roots back to that age of the history of
mankind, when women were considered to the property of their husband.
This was also covered by a legal principle of coverture which refers to the wife being covered by the spouse once
married, such that she is now his property. It denies a woman her bodily integrity thus striking a blow at women's rights.
The issue of marital rape is largely neglected. Patriarchal domination of the society has come up time and again and has
granted to the husbands exemption in cases of marital rape basing on the assumption that the wife has given herself to
the husband through the contract of marriage. Modern leaders in support of the victims of marital rape, however, hold
that marital rape is also a form of rape and the marital status of the woman should have no bearing on the culpability in
the crime of rape. It is a form of rape that lays hidden under the cover of marital privacy that gives both the husband and
the wife, the right to protect the private acts that they both enter with consent: it is not a guard to hide violent acts.
Theories Of Marital Rape
Various authors have over time come up with different theories regarding the occurrence of marital rape in the society:
The Feminist Theory: this theory considers marital rape as a tool in the hands of the patriarchal society that is used to
exercise control over women. They consider that the exemption given in cases of marital rape is a remnant of the earlier
laws regarding women that considered them to be the property of the husband. The feminists are of the view that marital
rape is nothing but a result of a power play by the male spouse in the marriage. Radical feminists have gone to the extent
of arguing that any form of heterosexual intercourse is based mainly on the desire of the man and is another form of
oppression on women.
 The Social Constructionism Theory: the believers in the theory of social constructionism are of the view that men
have dominated the society in law making and the political arena since ancient days. Laws thus came as a reflection of
the interest of men. Such laws considered women to be their husband's property after marriage and hence, marital rape
was considered an offence of lesser degree as compared with rape. Some jurisdictions even considered that rape in a
marriage is not rape at all. The social constructionists believe that marital rape is a means through which men try to
assert themselves over their wives so as to retain their long gained power over their property.
The Sex-Role Socialization Theory: these theorists believe that it is the particular gender roles which guide the sexual
interactions between the spouses in a marriage. In a marriage, women are always taught to be calm and passive,
submissive whereas, men are trained to be dominant and aggressive. Care and love are attributed to women. Men, on
the other hand, are the major perpetrators of sexual entertainment with violent themes. Sex role socialists are of the view
that marital rape is nothing but an expression of the traditional perceptions of sex roles.
Types Of Marital Rape
Marital rape may be broadly classified into following two categories:
Sexual coercion by non-physical means this form of coercion involves social coercion in which the wife is compelled
to enter into sexual intercourse by reminding her of her duties as a wife. This form of coercion entails applying non-
physical techniques and tactics like verbal pressure in order to get into sexual contact with a non-consenting female.
The most commonly used non-physical techniques include making false promises, threatening to end the marital
relationship, lies, not conforming to the victim's protests to stop, etc. Such acts of sexual coercion by the use of non-
physical stunts though considered less severe in degree as compared with physically coercive sexual acts are widespread
and pose a threat to women's rights in the society.

Forced sex- this involves the use of physical force to enter into sexual intercourse with an unwilling woman. It can be
further classified into the following three categories:
Battering Rape- this form of marital rape involves the use of aggression and force against the wife. The women are
either battered during the sexual act itself or face a violent aggression after the coerced sexual intercourse. The beating
may also occur before the sexual assault so as to compel her into sexual intercourse.
Force Only Rape- in this form of rape, the husband does not necessarily batter the wife, but uses as much force as is
necessary to enter into sexual intercourse with the unwilling wife.
Obsessive Rape-this form of rape involves the use of force in sexual assault compiled with perverse acts against the
wife. [25] It involves a kind of sexual sadistic pleasure enjoyed by the husband.
▪ India, is one of the 34 countries that have decriminalised marital rape.
▪ Section 375 of the Indian Penal Code (IPC):
o Section 375 of the IPC defines the acts that constitute rape by a man.
o The provision, however, lays down two exceptions as well.
• Apart from decriminalising marital rape, it mentions that medical procedures or interventions shall not constitute
rape.
• Exception 2 of Section 375 of the Indian Penal Code states that “sexual intercourse by a man with his wife, and if the
wife not being under fifteen years of age, is not rape”.
o In October 2017, the Supreme Court of India increased the age to 18 years.
▪ Domestic Violence Act, 2005:
o It hints at marital rape by any form of sexual abuse in a live-in or marriage relationship.
o However, it only provides for civil remedies. There is no way for marital rape victims in India to initiate criminal
proceedings against their perpetrator.
What is the History of the Marital Rape Law in India?
o High Court:
• The Delhi High Court has been hearing arguments in the case since 2015.
• In January 2022, two judges of the Delhi High Court started to hear petitions filed by individuals and civil society
organisations challenging the exemption.
• By May 2022, they had arrived at a controversial split verdict. One judge was in favour of criminalising marital
rape as it violated a woman’s right to consent, while the other was against it, saying marriage “necessarily” implied
consent.
• The matter was pushed to the Supreme Court.
o Supreme Court:
• In September 2022, a Supreme Court ruling on women’s right to safe abortions regardless of marital status held that
for the purposes of the Medical Termination of Pregnancy Act, the definition of rape should include marital rape.
o Law Commission of India:
• The need to remove the marital rape exception was rejected by the Law Commission of India in 2000, while
considering several proposals to reform India's laws on sexual violence.
o Justice JS Verma Committee:
• In 2012, the Justice JS Verma Committee was tasked with proposing amendments to India's rape laws.
• While some of its recommendations helped shape the Criminal Law (Amendment) Act passed in 2013, some
suggestions, including that on marital rape, were not acted on.
▪ Parliament:
o The issue has been brought up in Parliament as well.
o Upon being questioned in a Parliament session in 2015, the idea of criminalising marital rape was dismissed with the
view that "marital rape cannot be applied in the country since marriage was treated as a sacrament or sacred in the Indian
society".
▪ Government’s Stand:
o The Central Government initially defended the rape exception and later changed its stand and told the court that it
was reviewing the law, and that “wider deliberations are required on the issue”.
o The Delhi government argued in favour of retaining the marital rape exception.
• The government’s arguments spanned from protecting men from possible misuse of the law by wives, to protecting the
institution of marriage.
The major exceptions to the said crime mentioned in Section 375 or Section 63 of Bhartiya Nyaya Sanhita (BNS),
2023 are as follows:
“A) A medical procedure or intervention shall not constitute rape.
1. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
The second exception is known as marital rape and acts as a legal safeguard for the husband who has forced sexual
intercourse with his wife.
Marital rape, also known as spousal rape, refers to non-consensual sexual relationships between a man and his spouse
that are obtained through coercion, threats of coercion or abuse, physical or psychological assault, or when the woman
is unable to give consent. It covers any type of penetration, whether oral, vaginal, or anal, that is performed against the
woman’s will or without her consent. The stigma associated with marital rape contributes to the trauma’s invisibility, as
do the effects on the victim’s physical, mental, sexual, and reproductive health.
Despite being a signatory to the Universal Declaration of Human Rights (UDHR), India is one of the few countries in
the world that has not explicitly decriminalized marital rape. Just fifty-two nations currently have laws that recognize
marital rape as a criminal offense. The 200th Law Commission regarded the claim that additional violent crimes done
by a husband against his wife should be criminalized, but rape should be exempt from this regulation. It expressed
concern that making marital rape illegal would result in “excessive interference with the institution of marriage”
A departure from the conventional narrative occurred in 2012 when a committee led by former Supreme Court Justice
J.S. Verma proposed making marital rape a felony. The Verma committee stated that there ought to be an exception
stemming from the outdated concept that married women were their husband’s property and had given their
unconditional consent to their partners’ sexual desires. The committee advocated deleting the exception provision and
stating that a person’s marital status should not be considered when assessing whether or not permission was granted.
Marital rape was not declared a criminal offence in the Criminal Law (Amendment) Bill, 2012, which was enacted in
response to the Verma Commission’s conclusions. The Parliamentary Standing Committee on Home Affairs, which
evaluated the draft, rejected any request to criminalize marital rape. The committee argued that there would be more
stress on the “entire family system” and that “the committee may perhaps be doing more injustice.” Furthermore, it
believed that suitable remedies were already in place, such as the Protection of Women from Domestic Violence Act,
2005 (PWDVA, 2005), Section 498A of the Indian Penal Code, and a plethora of other personal laws governing marriage
and divorce.
In 2017, the Indian Supreme Court raised the marital consent age from 15 to 18 in the landmark case Independent
Thought v. Union of India, AIR 2018 SC (CRIMINAL) 229. The court ruled that it breached Articles 14, 15, and 21
of the Constitution by excusing minors’ rape during marriage.
While all married minor women are now protected, rape against married women over the age of 18 remains
decriminalized, therefore the advancement is still limited. According to the National Family Health Survey, 32% of
married women reported experiencing physical, sexual, or emotional abuse from their current spouses between 2019
and 2021, and 82% of married women aged 18 to 49 who reported sexual abuse named their current spouses as the
perpetrators. Meanwhile, 9.9 out of every 10 cases of sexual assault in India go unreported, according to the same
statistics.
The arbitrary nature of Exception 2 of Section 375 is highlighted in Explanation 2 of Article 2 of the Medical Termination
of Pregnancy Act (1971). The Act permits abortion in circumstances when the woman’s mental health has suffered a
“severe injury” as a result of being raped. In the recent case of X v. The State of Madhya Pradesh, the above-mentioned
provision was applied.
In Nimeshbhai Bharatbhai Desai v. State of Gujarat, Criminal Misc. Application No. 26957 of 2017, the Gujarat High
Court deemed marital rape an odious crime but did not invalidate the exception provision or compel the state to do so.
In RIT Foundation Vs. The Union Of India, W.P.(C) 284/2015 & CM Nos.54525-26/2018W.P.(C) 284/2015 & CM
Nos.54525-26/2018, the Delhi High Court issued a mixed verdict about the country’s criminalization of marital rape.
Judge Rajiv Shakdher deemed the current act invalid, stating that a woman’s right to life and liberty is fundamentally
 dependent on her freedom to revoke her consent. Justice C. Harishanker refused the plea to make marital rape a felony,
stating that the legislature must approve the new legislation since the issue “requires consideration of various aspects
including social, cultural, and legal.”
In Hrishikesh Sahoo Vs. State of Karnataka, Criminal Petition No. 5515 of 2018, the constitutionality of the said
exception (2) to section 375 is to be decided by the Honorable Supreme Court of India.
5. CRITICALLY ANALYSIS THE PROVISIONS OF THE MATERNITY BENEFIT ACT 1961. WHAT
EXTENT DO YOU THINK THAT THE ACT HAS BEEN SUCCESSFUL IN ACHIEVING ITS GOAL?
INTRODUCTION
The Maternity Benefit Act, 1961 is a landmark piece of legislation in India that plays a critical role in protecting the
rights and dignity of working women during one of the most significant phases of their lives—motherhood. Enacted
with the objective of regulating the employment of women in certain establishments for specific periods before and after
childbirth, the Act aims to ensure that no woman is denied her right to continue her job simply because she is pregnant
or has recently given birth. The Act not only addresses physical and emotional well-being during the prenatal and
postnatal periods but also seeks to ensure financial stability and job security for women at a crucial time. In essence, the
Maternity Benefit Act serves as an essential tool in promoting gender equality in the workplace by enabling women to
balance both their career and family responsibilities. It acknowledges the importance of maternity care as a public
concern rather than a private burden. The legislation reflects India’s commitment to international labour standards, such
as those outlined by the International Labour Organization (ILO), and is an important step towards ensuring inclusive
and equitable employment practices. Through this Act, the government recognizes the need to provide a supportive
environment for women in the workforce, thereby encouraging more women to participate in formal employment
without compromising on their maternal responsibilities. As society continues to evolve, the relevance of such laws
becomes increasingly significant in the broader context of social justice, economic development, and human rights.
MATERNITY BENEFIT ACT, 1961
The Maternity Benefit Act, 1961 (hereinafter referred to as “Act”) stands as an important social welfare law in India,
designed to uphold the rights and welfare of women in the workplace during pregnancy and the period following
childbirth. It demonstrates the government's dedication to supporting women's health, financial security, and continued
employment while they manage both professional and maternal responsibilities. The Act offers provisions for paid
maternity leave, protection from dismissal during maternity, and access to essential health-related benefits. The
objectives of the Act as under the preamble are as follows: • The Act aimed to regulate the employment of women in
certain establishments for specific periods before and after child-birth.
• • A key objective was to provide for maternity benefit, which entails financial support in the form of paid wages during
their absence from work related to pregnancy and childbirth. This ensured that working women received specific
financial benefits throughout their maternity leave. • The Act intended to offer certain other benefits related to maternity,
which included: o The provision of a medical bonus to cover maternity and delivery-related medical costs. Initially, this
was a medical bonus of one thousand rupees if no free pre-natal and post-natal care was provided by the employer. o
Leave for miscarriage and other pregnancy-related complications. o Nursing breaks were provided to mothers after they
returned to work to feed their children until the child attained the age of fifteen months. o Protection against dismissal
during absence due to pregnancy was a significant objective. The Act forbade employers from terminating or dismissing
a pregnant woman during her absence or varying the conditions of her service to her disadvantage. o Ensuring no
deduction of wages for light work assigned during pregnancy or for nursing breaks.
• • The Act sought to safeguard women’s rights during pregnancy, childbirth, and the period following childbirth. It was
a law passed specifically to protect these rights.
• • The underlying aim was to protect women employed in the formal sector of the economy from harm. • The Act aimed
to enable working women to navigate motherhood honourably and peacefully, undeterred by the fear of being victimised
for forced absence during the pre or postnatal period.
• • It was intended to ensure job security for women during the critical times of pregnancy and childbirth.
• • Ultimately, the Act aimed to provide social fairness to working women.

APPLICABILITY TO ESTABLISHMENT
• The Maternity Benefit Act, 1961, applies to the following types of establishments:
• • Every establishment being a factory. A 'factory' is defined under clause (m) of section 2 of the Factories Act, 1948.
• • Every establishment being a mine. A 'mine' is defined under clause (j) of section 2 of the Mines Act, 1952.
• • Every establishment being a plantation. A 'plantation' is defined under clause (f) of section 2 of the Plantations Labour
Act, 1951.
• • Establishments belonging to the Government that fall under the categories of factory, mine, or plantation.
• • Every establishment wherein persons are employed for the exhibition of equestrian, acrobatic, and other performances.
• • Additionally, the Act applies to every shop or establishment within the meaning of any law for the time being in force
in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any
day of the preceding twelve months
ELIGIBILITY FOR MATERNITY BENEFIT UNDER THE MATERNITY BENEFIT ACT, 1961 To be eligible
for maternity benefits under the Act, a woman must fulfil the following criteria: 1. Employment in an Establishment
Covered by the Act The woman must be employed in a factory, mine, plantation, shop, or any establishment to which
the Act applies. The Act generally applies to establishments with 10 or more employees. 2. Minimum Period of
Employment Nature of Employment She must have worked for at least 80 days in the 12 months immediately preceding
the date of her expected delivery in the same establishment. 3. The benefit is applicable regardless of the type of
employment, i.e., whether permanent, temporary, or contractual, as long as the other eligibility conditions are met.
MATERNITY BENEFIT AND OTHER BENEFITS UNDER THE ACT
The Maternity Benefit Act, 1961 is primarily designed to ensure that working women receive paid maternity leave while
also protecting their employment during pregnancy and childbirth. In addition to this core provision, the Act includes a
range of other rights and safeguards that promote the health and well-being of both mother and child, encourage gender
equality at the workplace, and ensure job security. Collectively, these measures provide a comprehensive support system
for women during a vital and often vulnerable stage of their lives.
1. Maternity Leave The primary benefit under the Act is paid maternity leave as under Section 5 of the Act includes:
o 26 weeks for women with fewer than two surviving children. (After 2017 Amendment) o 12 weeks for women who
already have two or more children. o The leave can be availed 8 weeks before the expected date of delivery and the
remaining after childbirth.
2. Leave for Miscarriage or Medical Termination of Pregnancy Section 9 provides for a woman who suffers a
miscarriage or undergoes a medical termination of pregnancy is entitled to six weeks of paid leave immediately
following the incident, upon producing proof.
3. Leave for Tubectomy Operation If a woman undergoes tubectomy (a form of sterilization), she is entitled to two
weeks of leave with wages following the operation. (Section 9A)
4. Illness Arising Out of Pregnancy In case of illness arising out of pregnancy, delivery, premature birth, miscarriage,
or medical termination of pregnancy, an additional leave of one month with wages is allowed as under Section 10.
5. Nursing Breaks After resuming work, a woman is entitled to two nursing breaks per day until the child reaches the
age of 15 months as per Section 11. These breaks are provided in addition to the regular rest intervals.
6. Crèche Facility As per the 2017 Amendment, under Section 11A, establishments with 50 or more employees are
required to provide a crèche facility. Women employees should be allowed four visits a day to the crèche, which also
includes the regular rest breaks.
7. Work-from-Home Option Depending on the nature of work and mutual agreement with the employer, a woman can
be permitted to work from home after completing the maternity leave period.
8. Medical Bonus If the employer does not provide free pre-natal and post-natal care, the woman is entitled to a medical
bonus (subject to changes by government notifications, which may extend upto a maximum of twenty thousand rupees).
9. Protection from Dismissal The Act prohibits employers from dismissing or discharging a woman during maternity
leave as provided under the Section 12. It also forbids them from issuing a notice of dismissal or changing the terms of
her employment during this period.
10. Right to Reinstatement After completing the maternity leave, a woman has the right to return to the same position
or a position with similar pay and responsibilities, thereby ensuring continuity of employment.
NOTICE OF CLAIM
According to Section 6(1), any woman employed in an establishment and entitled to maternity benefit may give a notice
in writing to her employer. This notice should be in a prescribed form and should state the following:
• That she claims maternity benefit and any other amount she may be entitled to under the Act.
• That these payments should be made to her or to a nominated person specified in the notice.
• That she will not work in any establishment during the period for which she receives maternity benefit. Section 6(2)
specifies that in the case of a pregnant woman, the notice should also state the date from which she will be absent from
work, which should not be earlier than six weeks from the expected date of delivery. Section 6(3) clarifies that if a
woman has not given notice while pregnant, she may give such notice as soon as possible after the delivery. Upon
receiving the notice, Section 6(4) states that the employer shall permit the woman to absent herself from the
establishment during the period for which she receives maternity benefit. Regarding the payment of benefits, Section
6(5) outlines that the maternity benefit for the period preceding the expected date of delivery should be paid in advance
by the employer upon production of prescribed proof of pregnancy. The amount due for the subsequent period (after
delivery) should be paid by the employer to the woman within forty-eight hours of production of prescribed proof of
delivery. It's important to note that Section 6(6) states that failure to give notice does not disqualify a woman from
receiving maternity benefit or any other amount under the Act if she is otherwise entitled. In such cases, an Inspector
may, either on their own initiative or upon application by the woman, order the payment of such benefit or amount
within a specified period.
POWERS AND DUTIES OF INSPECTORS
Inspectors appointed under the Maternity Benefit Act, 1961 are granted significant authority to ensure the proper
implementation of the law. Section 14 empowers the appropriate government to appoint Inspectors and assign their
jurisdictional boundaries. The term “appropriate government” refers to the Central Government for establishments such
as mines and performance-based entities (like acrobatic or equestrian shows), and the State Government for all other
establishments. They have the legal right to enter any workplace or premises, during reasonable hours, where women
are employed or work is being carried out, along with assistants who are part of a government body or public authority.
This right of entry allows them to inspect registers, records, and notices that are required to be maintained or displayed
under the Act. They may also request the production of such documents for verification. (Section 15) In addition,
Inspectors can interview individuals present on the premises if they have reason to believe those individuals are
employed there. However, the law safeguards personal rights by stating that no one can be forced to answer questions
or provide information that may be self-incriminating. Inspectors can also ask the employer to submit details such as
names and addresses of employed women, information regarding the payments made to them, and any applications or
notices submitted under the Act. They are further authorized to take copies of any records, registers, or notices, either
entirely or in part. Under Section 16, all Inspectors appointed under this Act are considered public servants, as per the
definition provided in Section 21 of the Indian Penal Code, 1860. As per Section 17(1), any woman who believes that
her maternity benefits or other dues under the Act have been wrongly denied, or who has been dismissed or removed
due to her maternity-related absence, can file a complaint with the Inspector. According to Section 17(2), if the Inspector
finds, after conducting an inquiry, that her claim is valid, they can order the employer to release the payment or benefits
due. Similarly, in the case of unlawful dismissal, the Inspector has the authority to pass a suitable and fair order based
on the situation. Moreover, under Section 22, any person who refuses to present the required documents or obstructs the
Inspector’s duties, including hiding individuals or preventing their examination, can face legal penalties. This may
include imprisonment up to one year, a fine up to ₹5,000, or both.
JUDICAL PRONOUNCEMENTS
Municipal Corporation of Delhi v. Female Workers (Muster Roll) and another, AIR 2000 SC 1274 The Supreme
Court held that the right to maternity leave is not restricted to regular female employees but includes those employed
on a casual basis or on muster roll on daily wages. The court highlighted the natural aspect of childbirth in a woman’s
life and the need for employers to be considerate of the physical challenges faced by working women during pregnancy
and after childbirth
Rattan Lal and Ors. vs. State of Haryana, 1987 AIR 478 The Court considered the claims of ad hoc teachers in
Haryana regarding the denial of benefits like maternity leave. It noted that denying ad hoc teachers benefits provided to
regular government employees, including maternity leave, was unjust due to the State Government’s appointment
system. This suggests a precedent against discriminatory denial of maternity benefits based on the nature of employment.
3. Smt. Sonali Sharma v. State Of Uttar Pradesh, 2023:AHC-LKO:77697 & Smt. Preeti Singh vs State Of
U.P.Thru.Secy. Education The Court held that there is no bar on claiming a second maternity leave within two years
from the first one. The court stated that the Maternity Benefit Act, 1961, being beneficial legislation, has an overriding
effect (Section 27) over executive instructions like the U.P Financial Handbook
4. Dr. Mandeep Kaur v. Union of India, C. W. P. no. 1400 of 2018 The Himachal Pradesh High Court ruled that
contractual employees are also entitled to maternity benefits and all consequential benefits, such as continuation of
service. The court reasoned that denying maternity leave to a contractual employee would violate Article 21 of the Indian
Constitution and relied on precedents like muster roll case which established the right to maternity leave for daily wage
workers.
The Maternity Benefit Act, 1961, and its subsequent amendments-especially the 2017 Amendment-were introduced in
India with the aim of providing women with maternity leave and related benefits, and promoting gender equality at the
workplace. While it has made significant strides, its success in achieving its goals is mixed.
Successes of the Maternity Benefit Act
1. Improved Maternity Leave
The 2017 Amendment increased paid maternity leave from 12 to 26 weeks for women in the organized sector.
This aligns India with global best practices and gives women time to recover and care for newborns.
2. Adoption and Surrogacy Covered
The law now provides 12 weeks of leave for adoptive and commissioning (surrogate) mothers, making it more inclusive.
3. Mandatory Crèche Facility
Establishments with 50 or more employees must provide crèche facilities, promoting better child care support at work.
4. Job Security
It guarantees non-dismissal during maternity leave and ensures return to the same or equivalent position after leave.
Limitations and Challenges
1. Limited Coverage
The Act applies only to the organized sector, which covers less than 10% of Indian women in the workforce.
A vast majority of women in informal/unorganized sectors (agriculture, domestic work, construction) receive no such
benefits.
2. Employer Burden
Employers must bear the entire cost of maternity benefits, which discourages hiring women and may lead to bias in
recruitment.
3. Poor Enforcement
Many companies do not comply fully with the Act, especially in terms of crèche facilities.
Lack of effective monitoring and grievance redressal mechanisms limits enforcement.
4. Low Awareness
Many women workers are unaware of their rights under the Act, especially in rural and semi-urban areas.
CONCLUSION
The Maternity Benefit Act, 1961 is a critical piece of legislation aimed at safeguarding the rights of working women
during maternity. While it has made significant strides in promoting gender equality and protecting the health and well-
being of both mother and child, several challenges remain. These include limited coverage for women in the unorganized
sector, the financial strain on employers, and insufficient support for small businesses in implementing crèche facilities.
Additionally, the exclusion of certain categories of workers, such as contractual and temporary employees, highlights
the need for broader inclusivity. To ensure that the Act achieves its intended goals, reforms are necessary. Ultimately,
for the Maternity Benefit Act to truly empower women and promote work-life balance, it must be adapted to the evolving
socio-economic landscape. Government support, awareness campaigns, and comprehensive policy adjustments are
essential to ensure that maternity benefits are accessible, equitable, and sustainable for all women across sectors.
6. Critically discuss the Provision relating to employment of women under different labour laws in India
The labour laws in India cover a wide range of provisions to address various aspects of employment and to safeguard
the rights and well-being of women workers. An overview of various key provisions for women workers is covered
below.
 Welfare provisions
• The Factories Act, 1948 (Chapter V) incorporates provisions to ensure the welfare of women workers. These include
the establishment of canteens, restrooms, first aid boxes, facilities for sitting, washing, storing, and drying cloths, and
crèches for women workers within the factory premises. These welfare measures aim to provide a favorable and
comfortable working environment for women, addressing their specific needs for health, hygiene, and childcare.
• The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996,
mandates comprehensive welfare measures for women construction workers. These measures include provisions for
first aid facilities to address immediate health needs, the availability of clean, accessible, and separate toilets to ensure
sanitation, the establishment of canteens to provide food during working hours, the provision of crèches for the childcare,
and the provision of restrooms to facilitate a comfortable working environment. The Act enhances the overall well-
being and working conditions of women construction workers by ensuring access to essential amenities and services at
construction sites. (Under BOCW cess fund, there is provision of Maternity benefit. This may also be added).
• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 requires that every industrial premises where
female employees more than the specified number are ordinarily employed, a suitable room or rooms for the use of
children under the age of six years of such female employees shall be provided and maintained. Such room(s) shall be
provided with adequate accommodation, be adequately lighted and ventilated, maintained in a clean and sanitary
condition and be under the charge of women trained in the care of children and infants.
• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) also has a welfare provision for
children accompanying the women working under MGNREGA. The Act states that in case the number of children below
the age of six years accompanying the women working at any site is five or more, provisions shall be made to depute
one of such women workers to look after such children.
• The Maternity Benefit Act, 1961 provides maternity benefits to women employees. This act was amended in 2017. The
keyhighlights of Maternity Benefit (Amendment) Act, 2017:

o Increase in Maternity leave Paid maternity leave increased to twenty-six weeks

o Applicable to businesses with more than ten employees, whether in the organized or unorganized sector.
o Both adoptive mother (women who lawfully adopts a child under the age of three months) and commissioning mother
shall be eligible for maternity benefit for twelve weeks
o Every business with 50 (fifty) or more employees must have a mandates creche facility. This crèche is intended to cater
to the needs of children, ensuring a convenient and safe space for working mothers to leave their children during working
hours.
o An employer may allow a woman to continue working from home beyond the Maternity Benefit period
• The Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 mandated
for separate latrines and urinals, separate washing facilities, creches and accommodation for migrant workers.
Health provisions
• The Maternity Benefit Act, 1961, is a crucial legislation that ensures the health and well-being of women workers
throughout pregnancy and childbirth. This act facilitates not only maternity leave but also emphasizes the provision of
nursing breaks for women employees. These breaks are designed to allow mothers to attend to the needs of their infants,
promoting breastfeeding and maternal care. Employers are required to provide these facilities and breaks to support the
overall health and well-being of women.
• The Factories Act, 1948 (Chapter III)mandates comprehensive health measures in factories, with specific provisions
catering to the well-being of women workers. It outlines stringent requirements for maintaining cleanliness, ventilation,
lighting, drinking water, and sanitation facilities to create a healthy and conducive working environment specifically for
women. The Act necessitates the appointment of a qualified medical practitioner dedicated to addressing the unique
health needs of employees. Furthermore, it imposes the obligation of periodic health check-ups tailored specifically to
address the health concerns and conditions affecting women workers, ensuring their overall well-being within the
industrial setting.
Safety Provisions
• The Factories Act, 1948 (Chapter IV) specifies safety measures for women workers, encompassing restrictions on
working near cotton openers, prohibition from cleaning, lubricating, or adjusting any part of a machine while it is in
motion, and not allowing them to lift excessive weights. In addition to these specific provisions, the Act also mandates
generic safety measures applicable to both women and men workers, including the fencing of machinery near which
they work, regulations for work on or near machinery in motion, and precautions against hazardous processes.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, plays a pivotal role
in fostering a safe and secure working environment by actively preventing and addressing instances of sexual harassment
in the workplace, which indirectly contributes to enhancing women’s participation in the workforce. One of its key
provisions is the mandatory creation of Internal Complaints Committees (ICCs) within organizations. These committees
are responsible for addressing complaints related to sexual harassment and ensuring a fair and confidential process for
redressal. The ICC comprises both internal and external members, including a presiding officer, representatives from
among employees, and a member from a non- governmental organization or association committed to women’s rights.
The Act outlines the procedures and timeframes for the resolution of complaints, promoting a workplace culture that
prioritizes the dignity and well-being of women employees. The POSH act also mandates that the district administration
must constitute a Local Complaints Committee (LCC) in each district to focus on cases where the complaints are lodged
against the employer themself or in case of units with less than 10 employees where ICC is not constituted.
Social Security Provisions
• The Employee State Insurance (ESI) Act, 1948, extends comprehensive social security benefits to both women and men
workers. It ensures their well-being by providing various benefits, including medical and cash benefits in instances of
sickness, maternity, disablement, or death. The cash benefit ensures that women workers, in particular, receive support
and financial assistance during periods of sickness and maternity. Under this Act, registered employees, including
women workers, and their dependents are entitled to medical benefits. These benefits cover the costs of medical care,
including outpatient and inpatient treatment, maternity care, and related services.
• The Employees’ Provident Funds (EPF) and Miscellaneous Provisions Act, 1952 ensures the establishment of a
provident fund for social and financial security and retirement benefits for all eligible employees, regardless of gender.
The Act applies to both women and men workers, providing them with a savings mechanism to accumulate funds for
retirement. Under this Act, both the employer and the employee make contributions to the provident fund, creating a
pool of savings that can be utilized by the employee upon retirement, or in case of certain contingencies such as
disability.
Provisions Related to Wages
• The Payment of Wages Act, 1936, plays a pivotal role in safeguarding the rights of workers especially for women
workers by specifying the timing and mode of wage payments. This act outlines the frequency of wage disbursement,
 ensuring that employees receive their wages regularly and in the prescribed manner. By providing a legal framework
for wage payments, the act promotes financial stability for workers, particularly important for women supporting
themselves and their families
• The Minimum Wages Act, 1948, is a crucial piece of legislation that ensures the fixation and periodic revision of
minimum wages for various categories of employment. This ensures that every worker, regardless of gender, receives
remuneration commensurate with the nature of their work, skills, and prevailing economic conditions. The Act helps
establish a baseline standard of living for labourers and seeks to prevent exploitation by setting a floor wage that
employers must adhere to that prevents exploitation and guarantee that women receive fair remuneration for their work.
• Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976, is a significant legislation designed to eliminate
gender-based wage discrimination. This act prohibits any form of discrimination in wages based on gender and
emphasizes the principle of equal pay for equal work and ensures women receive the same remuneration for identical
or similar work. The Act promotes fairness, nondiscrimination, and equal opportunities for both male and female
workers, fostering a more equitable work environment.
Provisions Related to Industrial Relations
• Trade Unions Act, 1926: Recognizes and upholds the right of workers to freely form and actively participate in trade
unions, enabling collective bargaining activities. The Act ensures that all workers have equal opportunities to voice their
concerns, contribute to negotiations, and participate in union activities, thereby promoting gender inclusivity within the
trade union framework
• Industrial Disputes Act, 1947: Specifically addresses the rights and concerns of all workers by providing comprehensive
mechanisms for the settlement of industrial disputes. The Act outlines procedures that cater to the unique needs and
circumstances of women, including provisions related to their job security during maternity periods. Additionally, it
establishes regulations governing layoff procedures, ensuring that women workers are protected from discriminatory
practices.
Provisions Related Working Hours
• The Factories Act, 1948 (Chapter VI) comprehensively regulates working hours and ensures provision for weekly
holidays, intervals for rest, and overtime pay to all factory workers. Specifically addressing the needs of women workers,
it imposes restrictions on their employment during certain hours, particularly during the night. Furthermore, the Act
recognizes the importance of the well-being of workers by providing provisions for compensatory holidays.
• Under state-specific Shops and Establishments Acts, which govern working hours and conditions in shops and other
commercial establishments, further provisions of this act also address the specific needs and concerns of women
employees. These provisions include considerations for rest intervals, suitable working conditions, and other safeguards
to promote the overall health, safety, and welfare of women workers in shops and other commercial establishments
New Provisions under Various Labour Codes
• The Occupational Safety, Health, and Working Conditions Code, 2020, incorporates provisions to address the
occupational safety, health, and welfare of workers including women workers. It emphasizes creating a secure and
healthy working environment, considering the unique health considerations of women. The code includes provisions
aimed at promoting the well-being of women, such as mandatory health checkups. Employers are required to facilitate
free-of-cost health checkups on an annual basis for all workers. The Occupational Safety, Health and Working
ConditionsCode,2020Provisions for Night Work - In order to promote women's employment in India, the law allows
consenting women to work at night, subject to any safety, holiday, and work schedule restrictions that the appropriate
 governmentmayimpose.

o Hazardous occupation : A government may, in the prescribed manner, require an employer to provide adequate
safeguards before hiring women for an operation if it determines that hiring women poses a risk to their health and
safety in that establishment due to the operation conducted there
o Transportation Facility : Transportation for female employees is covered under the Act; the employer is required to offer
a pick-up and drop-off service
o Creche Facility : According to the provisions, the Central Government may issue regulations to provide for the
availability of a creche or rooms for the use of employees' children under the age of six at a suitable location and distance,
either separately or in addition to shared facilities, in establishments where more than fifty workers are typically
employed.
• The Code on Wages, 2019, serves as a comprehensive and streamlined framework for labour laws about wages. It
encompasses all categories of employees, including those who are in contractual, casual, and temporary work. This code
underscores the principles of gender equality and nondiscrimination by explicitly prohibiting wage disparity based on
gender. It establishes the principle of equal remuneration for both women and men engaged in the same work or work
of a similar nature, thereby promoting fairness and equity in the realm of remuneration
• The Code on Social Security, 2020, was formulated with the primary objective of consolidating laws related to social
security, aiming to extend comprehensive social security coverage to all workers. This code places a strong emphasis
on the universalization of social security benefits. Notably, the code ensures the extension of these benefits to all
workers, including gig workers and platform workers, marking a significant stride in guaranteeing the rights and
protection of workers in the unorganized sector. It is especially noteworthy that women in the unorganized sector now
have access to social security rights. The code also emphasizes inclusivity across all sectors of employment under the
Employees’ State Insurance Scheme, notably extending its benefits to plantation workers. This provision is particularly
beneficial for women engaged in tea and coffee plantations, providing them with essential support and ensuring their
well-being.
• The Industrial Relations Code, 2020 aims to consolidate laws relating to industrial relations. The code introduces the
concept of fixed-term employment and sets rules for the retrenchment of workers. The code emphasizes on fair
representation of women in the Grievance Redressal Committee and mandates that representation should be
proportionate to the number of women workers in relation to the total workers employed in the establishment. The aim
is to ensure that women have a meaningful role and participation in resolving individual workplace disputes.
CONCLUSION
These provisions collectively aim to establish a supportive and secure working environment for the specific needs and
challenges of women workers. The comprehensive measures include restrictions on night shifts, provisions for suitable
seating arrangements, and facilities for personal hygiene, acknowledging the distinctive requirements of women in the
workforce. Employers are essential stakeholders in creating a workplace that prioritizes the well-being and equitable
treatment of women workers. Employers must be well-informed about and strictly adhere to these provisions, fostering
an atmosphere that safeguards the health, safety, and dignity of women in the workplace.
7. DISCUSS THE DIFFERENT FEMINIST SCHOOLS OF THOUGHT. HOW HAS INDIA WITNESS WAVES
OF FEMINISM.
Different Feminist Schools of Thought
There are different schools of feminism, viz. liberal, socialist, radical, and feminism of the women of colour and they
disagree, fundamentally on the nature of causes and cure of women's inequalities, subordination or oppression.

Liberal feminism talks about equal rights and opportunities to compete with men in all fields. They believe that women
should have same rights and privilege as possessed by men. They assert the equality of men and women through political
and legal reform. According to liberal feminists, all women are capable of asserting their ability to achieve equality, and
therefore, it is possible to change the society without altering the basis structure of the society. John Stuart mill a staunch
supporter of liberty believed that an individual should be left free for his or her development. Mill's On the Subjection
of the Women' was an important work in the history of feminism. It was written in collaboration with Harriet Taylor and
proposed that society should be based on reason and accidents of birth such as sex should be irrelevant. Liberal feminists
emphasize on the principle of individualism and consider that all individuals are of equal moral worth.

Liberals demand for equal rights for all and advocates that all individuals are entitled to participate in or gain access to
public or private life. Indeed, the entire suffrage movement in the carly days of feminist movement was based upon
liberal individualism and the assumption was that female emancipation can be achieved, once women enjoy equal voting
rights with men. However, in the later days. some of the other important issues raised by liberal feminists include
education. reproductive rights, abortion access, sexual harassment, fair compensation for work, affordable childcare,
affordable health care, and bringing to light the frequency of sexual and domestic violence against women. Hence liberal
feminists are understood as reformists and it seeks to open up public life to equal competition between men and women.
Betty Friedan and Mary Wollstonecraftstand high on the list of the liberal feminist.

Radical feminism considers patriarchy as a root of all problems. It believes that the complexity of relationship between
men and women emerge from the family. This is based on the male supremacy and this supremacy is used to oppress
the women. Radical feminism aims to challenge and to overthrow patriarchy by opposing the standard gender role. They
view it as the main reason for all kinds of male oppression on women, and calls for a radical reordering of the society.
According to Kate Millet (1970) patriarchy should be challenged through a process of consciousness raising, and this
can be achieved through discussions and women education. This would help women understand the situation and then
they will be able to challenge the society. Women's liberation requires a revolutionary change where the sexual and
psychological oppression have to be destroyed at all levels of society.

Though Millet saw the roots of patriarchy in social conditioning, Shulamith Firestone in her work Dialectic of Sex
(1972) argued that gender inequality forced on women, originated in patriarchy through their biology. The physical,
social and psychological disadvantages have made them imposed of pregnancy, childbirth, and subsequent child-rearing.
She said that society could be understood not as Marx had claimed through the process of production but through the
process of reproduction. She also tried to explain the social and historical processes in terms of sexual divisions.
However, Firestone believed that modern technology will relieve the women of the burden of childbirth and pregnancy.

Socialist feminism focuses upon both the public and private spheres of a woman's life and argues that liberation can
only be achieved by working to end both the economic and cultural sources of women's oppression. According to
Socialist feminists, patriarchy can only be understood in the light of social and economic factors. It seeks to combine
the radical perspective of patriarchy with the Marxist class analysis by exploring the relationship between capitalism
and patriarchy. Engels (The Origins of the Family, Private Property and the State:1884] 1976) suggested that position
of women has changed in the capitalist society. As capitalism is based upon the ownership of private property by men
so the position of women has changed in this system. Engels argued that bourgeois family is always patriarchal and
oppressive because the successor of property will only be passed to their sons. He believed that marriage should be
dissolved and once private property is dissolved than features of patriarchy will also disappear. He suggested that class
exploitation is a deeper and more significant process than sexual oppression. Women are exploited not by men but by
capitalism and private property. So through revolution capitalism should be overthrown and replaced by socialism.

Feminism of the Women of Colour pointed towards the more intense kind of oppression of black women on the hands
of white women. Feminists of this school. contend that the liberation of black women entails freedom for all people,
since it would require the end of racism, sexism, and class oppression. It was a struggle for recognition not only from
men in their own culture, but also from White women. Black women, though, faced the same struggles as white women;
however, they had to face issues of diversity on top of inequality. Black feminist organizations emerged during the 1970s
and started fighting against suppression from the larger movements in which many of its members came from. However,
the Black feminists had to overcome double challenges than any other feminist organization: one was to "prove to other
black women that feminism was not only for white women", two, they also had to demand that white women "share
power with them and affirm diversity".
Besides the various schools of feminism discussed above, when the feminist theory reached a high point of creativity in
the 1960's and 1970's, there emerged some others schools, too. This was the period of modern women movement.
However, modern women movement was so heterogonous that there was hardly any unified structure on the basis of
which certain thought could be easily categorized. There were several issues, such as eco-feminism, lesbianism,
Historical Context / waves of Feminism :
The origins of feminism in India can be traced back to the 19th and early 20th centuries when women began advocating
for their rights and seeking participation in the struggle for independence. Influential figures like Sarojini Naidu, Annie
Besant, and Kamini Roy played crucial roles in challenging traditional gender norms and advancing women’s rights.
Despite the suffrage movement being intertwined with the broader anti-colonial struggle, women’s issues were often
relegated to the background after India gained independence in 1947.
1.1 The First Wave of Feminism: Pre-Independence Era
During the pre-independence era, women’s activism predominantly focused on issues like education and social reform.
Organizations like the All India Women’s Conference (AIWC), founded in 1927, provided a platform for women to
advocate for their rights. Rukhmabai, a pioneering Indian physician, was a vocal advocate against child marriage and
for women’s right to education and autonomy.
1.2 The Second Wave of Feminism: Post-Independence Era
The post-independence era saw a resurgence of feminist activism with a focus on legal reforms, reproductive rights, and
gender equality. In the 1970s and 1980s, feminist literature, art, and media emerged as powerful tools for highlighting
women’s issues. Prominent feminists like Sharmila Rege, Kamla Bhasin, and Vandana Shiva challenged prevailing
notions of patriarchy and gender roles.
1.3 Western wave of Feminism
 A decade into the 21st century, the terms of the debate seem to have changed entirely in the West. It seems overtly
obsessed with questions of cultural identity, of alien cultures and a realization that choices and selfhoods need not be
expressed in the language of the Western individual woman. The ‘choice’ to wear the veil by Muslim women in the West
is… In a world politically more intolerant than ever, in a Western academia more multicultural than ever, the histories
of non-Western feminisms no longer appear extraneous, beside the point, or even lacking the ‘authentic’ feminist
impulse. Almost lurching to the other extreme, voices of non-Western women are now validated in the West. Alternative
modes of agencies are being increasingly imagined. I am a trifle wary of the representation of the third world woman
either as “victim subject” or as an “alternate agential self” – catch-all terms that reign in postcolonial Western academia.
It is in such a context that it may be productive to shift focus to the ground reality of Indian feminist deliberations such
as that of the Thirteenth National Conference of the Indian Association of Women’s Studies (IAWS) 2011, the largest
national-level body of Indian feminists. Here we find a context that is far more complex and manifold, and concepts
that are far more varied. In contemporary Indian feminism we thus have issues ranging from:
• developmental induced displacements to questions of alternative sexuality ;
• agrarian crisis to the need to challenge hierarchies of victimhood versus pleasure ;
• reproductive health to the question of controlling resources – land, forest and water ;
• global capitalism and the localized and diverse articulations of culture to military conflict ;
• language, voices representations to new markets and interlocking inequalities ;
• rural labour to women in religions ;
• Starvation to female spectatorship.
Challenges Faced by Women in India:
Despite the advancements made by the feminist movement, Indian women continue to encounter numerous challenges,
rooted in deep-seated patriarchal attitudes and social norms. Some of the key challenges faced by women in India
include:
2.1 Gender-Based Violence:
Violence against women remains a grave concern in India. Incidents of domestic violence, sexual harassment, acid
attacks, and dowry-related deaths persist, exposing the vulnerabilities women face in their daily lives. The Nirbhaya
case in 2012 and subsequent protests sparked national outrage, leading to heightened conversations about women’s
safety.
2.2 Lack of Access to Education:
Although significant progress has been made in increasing female literacy rates, disparities between male and female
education persist, particularly in rural areas. Socio-cultural norms and economic constraints often lead to girls dropping
out of school at an early age.
2.3 Gender Pay Gap:
Indian women continue to face wage discrimination, with a gender pay gap prevalent across sectors. Women are often
paid less than their male counterparts for the same work, further entrenching economic disparities.
2.4 Limited Representation in Politics and Corporate Leadership:
Despite constitutional provisions for reservation in local governance, women’s representation in political spheres
remains inadequate. Similarly, women’s presence in corporate boardrooms and leadership positions remains
significantly lower than that of men
2.5 Challenges of Women from Marginalized Communities:
Women from marginalized communities, such as Dalits, Adivasis, and religious minorities, face compounded
discrimination due to intersecting factors of caste, class, and gender. They often struggle to access basic rights and face
systemic barriers in their pursuit of justice.
Complexities in Indian feminism:
Feminism is neither a wisdom nor a gospel. It’s without the silhouettes of dogma and doctrine. In common parlance,
Feminism is known as a movement “ of women, by women, for women ” to achieve women’s rights. It’s also known as
women’s Liberation Movement. There’s no defined and specific description of the term Feminism because it’s
indigenous. Kamla Bhasin says, “ Feminism is the name of the passions that women are subordinated to multiple
atrocities in society and are exploited. The attempt to change this situation is generally appertained to as Feminism ”(
Interview, Kamla Bhasin). She goes to the extent of saying that feminism is principally the feeling that ours is a
patriarchal grounded society. inconvenience in her views, she says women are exploited in every aspect of life and those
people whether the men or women who ask to bring the change in similar situation are appertained to as sexists.
Bellington believes that “ Feminism is a women’s movement which aims atre-ordering of mortal relationship. ” While
Anderine Rich says, “ The end of feminism is to fete the wrong comprehensions created by men about women ”. John
Desrochers opines that “ Feminism is the act of creating mindfulness about the dependence and exploitation of women
which continues at both places inside the family and outside the family. ” Barbara Smith says, “ Feminism is a political
perception and the act of liberating women. ” It indeed talks about all types of women, women of a different colour,
creed, working women, physically challenged women, economically unsound women and indeed senior women.
Feminism addresses about all their applicable issues. Hence, it’s egregious that there’s no proper or definite description
of feminism. It’s a conception or idea which focuses on colourful issues like patriarchy, inequality, protection, the
defeat of connubial relations and commission of women and numerous further which are at the centre of feminism.
Generally, people associate feminism with a directionless movement which teaches women to detest men,
unreasonableness and destroy the traditional values of the family system. The reason for this is that people look at it
only from a radical feminist perspective or wear the radical lens of feminism. While the verity is that ever since the
birth of feminism numerous proponents along with propositions came into being. Their way of thinking was different
from each other but all conceded that a woman should be given the due rights that she deserves in society as a mortal
being. They were common on this point that a woman shouldn’t be treated like other coitus. similar treatment to women
by society is condemned by the sexists. thus, all sexists endeavour to comprehend and address the issues and problems
of women. Further, they raise their voice against the atrocities and exploitation done to women since periods. The idea
is to fight against domination, demarcation and submission. It’s through this movement they question the conventional
and traditional station of society. According to sexists, “ In all societies which divide coitus into different
artistic, profitable or political spheres women are less valued in comparison to men. ” The word feminism tantamount
to sexual equivalency combined with a commitment to abolish sexual ascendance and to transfigure the society.
They’re against the sexual demarcation and sexual isolation of women at workplaces and in domestic life. They question
the superiority of man and his polygamous nature at the expenditure of the submission of women. Now that we’ve
some idea about western feminism, how far can this be applied to Indian society and situation, to imitate a mistake will
be more dangerous. The part of women in the pre-colonial structure exhibits that feminism was theorized else in India
than in the west.
Feminism in Modern India: The Third Wave:
In recent decades, feminism in India has entered its third wave, characterized by an intersectional approach that
acknowledges the diverse experiences of women from different social backgrounds. The third wave has brought forth
several positive changes, including:
3.1. Increased Political Representation:
The introduction of reservation quotas for women in local governance has led to a notable increase in women’s political
participation. Women like Mayawati, Mamata Banerjee, and Sushma Swaraj have risen to prominence in national
politics.
3.2. Grassroots Feminist Activism:
Numerous grassroots organizations and collectives have emerged, empowering women at the community level and
addressing local issues. Organizations like SEWA (Self Employed Women’s Association) have championed the rights
of women in the informal sector.
3.3. Legal Reforms:
Feminist activism has played a vital role in advocating for legal reforms and progressive laws. The criminalization of
triple talaq (instant divorce) in 2019 was a significant step towards protecting Muslim women’s rights.
3.4. The Impact of #MeToo Movement:
The #MeToo movement gained traction in India, prompting women to speak out against sexual harassment and
misconduct. This global movement encouraged a broader conversation about consent, power dynamics, and
accountability.
Government Initiatives for Women’s Empowerment:
The Indian government has undertaken various initiatives to promote gender equality and women’s empowerment. Some
of the key initiatives include:
4.1. Beti Bachao, Beti Padhao (Save the Daughter, Educate the Daughter):
Launched in 2015, this initiative aims to address the declining child sex ratio and promote the education and welfare of
girls.
4.2. Maternity Benefit (Amendment) Act:
The act, passed in 2017, extends maternity leave for working women from 12 weeks to 26 weeks, providing greater
support to new mothers.
4.3. Swachh Bharat Abhiyan (Clean India Mission):
This nationwide cleanliness campaign aims to improve sanitation, which disproportionately affects women in rural
areas.
Conclusion:
Feminism in India has made significant progress over the years, challenging oppressive norms and promoting gender
equality. From advocating for legal reforms to fostering grassroots movements, Indian feminism has demonstrated its
resilience and potential to bring about positive change. However, much work remains to be done to eradicate gender-
based violence, achieve full representation, and ensure equal opportunities for women across all spheres of life. The
continued efforts of activists, policymakers, and society at large are essential to realizing the vision of a more inclusive
and equitable India for all genders.
In conclusion, feminism in India is a dynamic force that continues to evolve and address the multifaceted challenges
faced by women. By acknowledging and challenging patriarchal structures, embracing intersectionality, and striving for
policy reforms, India can move closer to achieving gender equality and women’s empowerment, fostering a more just
and inclusive society.
8. DISCUSS THE OBSERVATION OF SUPREME COURT IN VISHAKHA VS STATE OF RAJASTHAN TO
COMBAT SEXUAL HARRASMENT OF WOMEN AT WORK PLACE IN INDIA
The Supreme Court's observations in Vishaka vs. State of Rajasthan (1997) were landmark in addressing sexual
harassment of women at the workplace in India. This judgment filled a legislative vacuum at the time and laid down
binding guidelines to protect women from workplace harassment. Here's a detailed discussion of the Court’s key
observations and contributions:
Background of the Case:
The case arose after the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan who tried to prevent a child
marriage. Her case highlighted the lack of legal and institutional protection for women facing sexual harassment in their
professional capacity.
In the absence of specific legislation, a group of NGOs, including Vishaka, filed a PIL (Public Interest Litigation) in the
Supreme Court under Article 32 of the Constitution.
Key Observations of the Supreme Court:
1. Sexual Harassment Violates Fundamental Rights:
The Court held that sexual harassment at the workplace violates Articles 14, 15, and 21 of the Indian Constitution:
Article 14 – Right to Equality

Article 15 – Prohibition of discrimination based on sex

Article 21 – Right to life and personal liberty (including dignity and safe working environment)
2. Absence of Legislation Doesn’t Imply Inaction:
The Court noted that the lack of a domestic law on sexual harassment could not be an excuse to ignore such violations.
In the absence of legislation, international conventions and treaties ratified by India, particularly CEDAW (Convention
on the Elimination of All Forms of Discrimination Against Women), must be applied.
3. Binding Nature of Guidelines:
The Court issued the Vishaka Guidelines, stating they would be treated as law under Article 141 (law declared by the
Supreme Court is binding) until Parliament enacted appropriate legislation.
These guidelines imposed obligations on employers to prevent, prohibit, and redress sexual harassment.
4. Definition of Sexual Harassment:
The Court defined sexual harassment broadly, including:
Physical contact and advances
A demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
5. Employer's Duty to Ensure Safe Workplace:
Employers were obligated to:
Take preventive steps
Establish a complaints mechanism
Conduct awareness and sensitization programs
Ensure confidentiality and non-retaliation against complainants
Impact of the Vishaka Judgment:
Precursor to Legislation: It laid the foundation for the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
Judicial Activism: This case is seen as a prime example of judicial legislation in the public interest.

Awareness and Institutional Change: It triggered the creation of Internal Complaints Committees (ICCs) across
workplaces in India.
These guidelines were to be treated as law under Article 141 of the Constitution and were binding on all employers until
a suitable law was enacted (which eventually happened in 2013).
Vishaka Guidelines:
Here are the major guidelines issued by the Supreme Court:
1. Preventive Steps
Employers must expressly prohibit sexual harassment at the workplace through rules, regulations, and notices.
Awareness should be spread through workshops, training, and circulars to ensure a safe working environment.
2.Criminal Proceedings
If the conduct amounts to a specific offence under the Indian Penal Code (e.g., assault, molestation), the employer must:
Initiate appropriate action by lodging a criminal complaint.
Assist the woman in filing the complaint and pursuing legal remedies.
3. Disciplinary Action
If the misconduct does not constitute a criminal offence but amounts to a breach of workplace discipline:
The employer must initiate disciplinary proceedings in accordance with the rules of employment.
4. Complaints Mechanism
Every employer must set up an appropriate Complaints Committee to:
Receive complaints of sexual harassment.
Conduct a fair and impartial inquiry.
The Committee should be headed by a woman and include:
At least one member from an NGO or another body familiar with the issue of sexual harassment.
It should have half or more women members.
5. Complaints Committee Requirements
The committee must ensure:
Confidentiality
Protection of the complainant from retaliation
Speedy redressal of complaints
6. Worker’s Initiative
Women should be encouraged to raise their voice against harassment without fear of victimization.
Organizations must ensure that there is no adverse action against the complainant.
7. Awareness
Employers and institutions must create awareness about the rights of women at the workplace.
Orientation and sensitization programs should be conducted regularly.

Conclusion
The Vishaka Guidelines were pioneering and powerful tools in India’s legal landscape to combat workplace sexual
harassment. These interim guidelines directly influenced the enactment of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013.They represent a landmark example of judicial activism
and the application of international human rights norms (such as CEDAW) into domestic jurisprudence
The Vishaka judgment was a watershed moment in Indian constitutional and feminist jurisprudence. It recognized that
ensuring a safe working environment is essential for women to enjoy equal opportunity and dignity. The proactive role
of the judiciary in this case not only provided immediate remedies but also pushed the legislature to enact a
comprehensive law.
The Vishaka Guidelines, issued by the Supreme Court of India in 1997 in the case of Vishaka vs. State of Rajasthan,
were a set of mandatory directives laid down to address sexual harassment of women at the workplace, in the absence
of any specific legislation at that time.