LECTURE NOTE -3

GENDER EQUITY AND WOMEN EMPOWERMENT

Contents

1.0 Objectives
1.1 Introduction
1.2 Women’s rights in India: Indian constitution relating to women
1.3 Fundamental rights and Directive principles of state policy
1.4 Right to equality
1.5 Right’s against exploitation
1.6 Cultural and educational rights
1.7 Right to constitutional remedy
1.8 Enforcement of Human rights for women and children
2.0 Women Specific Institution in India: Role of Cells and counselling centers
2.1 Legal aids cells
2.2 Help Line
2.3 National and state commission for women
2.4 Women Development corporation –State Welfare Board
3.0 Contemporary Women’s Movement: New Rape Laws
3.1 Women’s movement for safe environment
3.2 Movement for uniform civil code
3.3 Protection of Women from Domestic Violence Act,2005
3.4 The Sexual Harassment of Women at
Workplace(PREVENTION,PROHIBITION and REDRESSAL) Act 2013
3.5 The immoral Traffic (Prevention)Act 1956
3.6 The Indecent Representation of Women (Prohibition) Act ,1986
4.0 Laws related to Family and Marriage :Laws of marriage
4.1 Registration of marriage
4.2 Minimum age at marriage
4.3 Divorce Laws –Judicial Separation and Divorce maintenance Laws

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 4.4 The Dowry Prohibition Act,1961
5.0 Role of women in Development :Economic Development
5.1 Poverty Alleviation Programmes
5.2 Status of women farmers and land rights
5.3 Women Entrepreneurs
5.4 Working Women
5.5 National policy for the empowerment of women 2001
5.6 Women leaders in politics

1.0 OBJECTIVES
After reading these notes you will learn about :
 Women rights in India and women specific institutions in India.
 Contemporary Women’s Movement and laws related to family and marriage
 Role of women in Development

1.1 INTRODUCTION

India belongs to those countries where a newly born girl is not accepted with great pride and
happiness. The role of women is highly underestimated in the country. The deep rooted traditions
put women a step lower than men. This picture, however ,was not always the same in past
centuries. After turning into a patriarchal society the role of women gradually became inferior.

Women’s rights issues in India are not always properly regulated which can cause a number of
women rights violations in the country. It’s clear that being a woman in India is a tremendous
challenge today. A number of women rights organizations are engaged in promoting women
rights in India and empowering women.

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Today, women’s rights in India are in an upsetting level condition. According to a number of
statistics, women are in an essential need of empowerment. Education, unemployment and
gender discrimination are the main women’s rights issues in the country.

1.2 Women’s Rights in India: Indian constitution relating to women

The constitution of India confers special rights upon women. The state is directed to provide for

maternity relief to female workers under Article 42 of the Constitution, whereas Article 51-A
declares it as a fundamental duty of every Indian citizen to renounce practices to respect the
dignity of women.

1.3 Fundamental rights and Directive Principles of state policy

If a fundamental right is violated, a citizen who is affected or anyone else in public interest can
approach a higher court and get it struck down. The Directive Principles are not binding on the
state, but these principles must reflect in all state policies. However, if these are violated, there is
no right to go to court and get it strike down.

1.4 Right to Equality

Which are the important provisions which protect dignity of women?

Article 21 which deals with right to life has been expanded to include the right to Life with
Dignity. This provision has been invoked to safeguard the rights of women such as right to
divorce, to live a life free from violence and the right to safe abortions. Article 51A of the
Constitution lays down fundamental duties of all citizens. It stipulates that all citizens have a
duty to promote harmony and to renounce practices which are derogatory to the dignity of
women. Formal Equality and Substantive Equality One of the main pillars of the Indian
Constitution is the principle of equality. Article 14 guarantees equality before law and equal
protection of law to all its citizens. Articles 15 (1) and 16 (2) expand this principle further and
prohibit discrimination on the basis of religion, race, caste, sex or place of birth. This ensures
that there is no discrimination between men and women, upper castes and lower castes, rich and
poor, all will be treated as equals before the law and will be provided equal protection of law.
Hence, if any law is passed or any action is taken to prevent women from taking up employment

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in government or public sector undertaking, such law or action by the concerned authority can be
struck down by the Supreme Court or a High Court, as being against the Constitutional
provisions. Similarly paying women lower salaries for doing the same work even when they are
qualified for it, is discriminatory and against the Constitutional guarantee of equality. Similarly
not employing dalits or Muslims in certain categories of government jobs would also amount to
discrimination. But most important of all within the scheme of equality are Articles 15(3) (4) and
16 (3) (4) which help to further strengthen the concept of equality by permitting the state to make
special provisions for securing the rights of the marginalized sections (women, children,
schedule castes and schedule tribes) in order to help them to overcome the discrimination they
have suffered for many centuries and to help them to become equal to others. This is called
―positive discrimination. This has helped the state to enact special laws for women and children
such as the provisions for maintenance of women and children, protection against domestic and
sexual violence, the Maternity Benefits Act, special protection for women under all labour laws,
a special law to prevent sexual harassment at workplace, or reservations for women, scheduled
castes or scheduled tribes for jobs and in elected bodies. A similarly a law to prevent atrocities
against scheduled castes and scheduled tribes does not violate the provision of equality as it is
meant to give additional protection to certain backward sections. These are all beneficial
legislations meant to improve the status of marginalized people. Therefore: while discrimination
against women has been prohibited, there is nothing to prevent the state from making laws to
provide them with extra facilities or for taking precautions to prevent their exploitation or abuse.

Separation of Powers

1. Legislative: The Parliament of India is the supreme legislative body. Composed of the
President of India and the houses- the Rajya Sabha (Council of States) and the Lok Sabha
(House of the People).

2. Executive: The Prime Minister of India, as addressed in the Constitution of India, is the chief
of the government, chief adviser to the President of India, head of the Council of Ministers and
the leader of the majority party in the parliament and leads the executive branch of the
Government of India.

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 3. Judiciary: There are various levels of judiciary in India – different types of courts. The
Supreme Court of India at the top, followed by High Courts of respective states with district
judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior
Division) at the bottom.

Checks and Balances - The three bodies mentioned in the Constitution act in harmony with one
and other. The Legislature has the power to create and change the law, the Judiciary has the
power to interpret the law and to ensure that it is within the Constitutional framework and the
Executive has the power to put the law into action.

Power of Judicial Review

The judiciary has the power to interpret the Constitution and to review any law passed by the
legislature and executive order and to declare it void if it finds that the same is in conflict with
the Constitution. This power is given by Article 32 to the Supreme Court and by Articles 226 and
227 to the High Courts.

How can it be used to protect the rights of marginalized people?

Our constitution gives all citizens the right to approach the court when their fundamental rights
are violated. But in many instances, the person or class of people whose rights are violated, due
to their poverty, illiteracy and socially disadvantaged position cannot approach the court to
explain their plight as they lack the knowledge and resources to do so. Many a times social
organizations (a local NGO etc.) or a journalist may take the case and write a letter to the
Supreme Court or file a petition in the Supreme Court on behalf of the person whose rights are
violated. This procedure of allowing any other person or organization to bring the fact of gross
violation of rights of a disadvantaged group of persons or an individual is called Public Interest
Litigation. The court verifies if it is done for personal gains or to advance a genuine cause.
Sometimes the courts have also acted on the basis of a newspaper report and have asked the
government to explain the situation. If any violations are noticed by the superior court, strict
action will be taken.

Right to equality is one of the six fundamental rights in the Indian constitution. It
includes equality before law, prohibition of discrimination on grounds of race, religion, gender,

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and caste or birth place. Every citizen, from Prime Minister to an ordinary individual, is
subjected to the same laws.

1.5 Rights against exploitation

The Right against Exploitation enshrined in the Indian Constitution guarantees dignity of the

individual. It also prohibits the exploitation or misuse of service by force or inducement in the
following ways: It prohibits human trafficking i.e. it criminalises buying and selling of human
beings like a commodity.

1.6 Cultural and educational rights

Cultural and educational rights preserve the right of any section of citizens to conserve

their culture, language or script, and right of minorities to establish and
administer educational institutions of their choice. The right to constitutional remedies is present
for enforcement of fundamental rights.

1.7 Right to constitutional remedy

When any of our rights are violated we can seek remedy through courts. If it is a Fundamental
Right. We can directly approach the Supreme Court or the High Court of a state. That is why Dr.
Ambedkar called the Right to Constitutional Remedies, 'the heart and soul' of
our Constitution.

1.8 Enforcement of human rights for women and children

The lives of women and children are tightly knit, as are their rights. Women and children have
both been subjected to discrimination, so they share that experience. But it is also true that
women’s health and social and economic status – even before a child is born – is directly related
to a child’s prospects for survival and development. Historically, women have been the primary
caregivers of children, and resources put in their hands are more likely to be used to benefit
children than those given to men. Discrimination against women is thus detrimental not only to
women themselves, but also to the next generation. Protecting women’s rights is important in
itself. But it also tends to reap benefits for their children. Conversely, protecting the rights of
children – particularly girls – is the first step in promoting gender equality for women. The

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stereotyping of gender roles and gender-based discrimination begins in childhood. Efforts to
support gender equality must start there and address the roles of girls and boys, men and women,
in the household. Advocating for women’s rights has been essential to advancing the situation of
women worldwide. The same holds true for the promotion of children’s rights and improvements
in their ability to survive and thrive. However, if the rights of women and children are considered
together, they can reinforce each other and make mutually supportive demands on society.

2.0 Women Specific Institutions in India: Role of cells and counselling Centers

The scheme of Family Counselling Centre was introduced by CSWB in 1983. The Family
Counselling Centres provide counselling, referral and rehabilitative services to women and
children who are victims of atrocities, family maladjustments and social ostracism and also
provide crisis intervention and trauma counselling in case of natural disasters. The Centres also
create awareness and mobilize public opinion on social issues affecting status of women. The
FCCs work in close collaboration with the local administration, police, courts, free legal aid
cells, medical and psychiatric institutions, vocational training centres, short stay homes etc.
OBJECTIVES

i) To provide professional services like crisis intervention, independent inquiry in dowry

death cases and counselling in family maladjustment.
ii) To make efforts for reconciliation in the cases of separation and out of the court
settlement in marital cases.
iii) To provide referral services like short stay homes, free legal aids, police assistance etc.
iv) To make the counselling services available in short stay homes, remand homes,
orphanages, drug de-addiction centres, Old age homes, shelter homes, prisons, schools
for gifted children etc.
v) To educate and mobilize public opinion against social problems.
vi) To educate and impart information regarding social welfare activities aided &
undertaken by various governmental and non-governmental agencies for better
coordination and services to the people.
vii) To arrange for suitable rehabilitation services for the victims and their dependents.
viii) To provide crisis intervention services to deal with any problem of the individual within
the family work place or in the community.

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2.1 Legal aid cells

Legal aid is the provision of assistance to people who are unable to afford legal
representation and access to the court system. Legal aid is regarded as central in providing access
to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.

2.2 Help line

112 helpline number provides immediate assistance to services like police (100), fire (101),
health (108), women safety (1090) and child protection in India. New Delhi: A single emergency
helpline number "112" was launched in 16 states and Union Territories .

2.3 NATIONAL COMMISSION FOR WOMEN

The National Commission for Women (NCW) is a statutory body established in January 1992
under the 1990 National Commission for Women Act. It‘s mandate is to advise the government
on all policy matters concerning women and to intervene or initiate proceedings in the Supreme
Court on matters concerning women.

Functions of the Commission

1) The commission shall perform all or any of the following functions, namely :-

a. Investigate and examine all matters relating to the safeguards provided for women under the
Constitution and other laws;

b. present to the Central Government, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguard;

c. make in such reports recommendations for the effective implementation of those safeguards
for the improving the conditions of women by the Union or any state;

d. review, from time to time, the exiting provisions of the Constitution and other laws affecting
women and recommend amendments thereto so as to suggest remedial legislative measures to
meet any lacunae, inadequacies or shortcomings in such legislations;

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e. take up cases of violation of the provisions of the Constitution and of other laws relating to
women with the appropriate authorities;

f. look into complaints and take suo moto notice of matters relating to:-

i. deprivation of women's rights;

ii. non-implementation of laws enacted to provide protection to women and also to achieve the
objective of equality and development;

iii. non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships

and ensuring welfare and providing relief to women, and take up the issues arising out of such
matters with appropriate authorities;

g) call for special studies or investigations into specific problems or situations arising out of
discrimination and atrocities against women and identify the constraints so as to recommend
strategies for their removal;

h) undertake promotional and educational research so as to suggest ways of ensuring due

representation of women in all spheres and identify factors responsible for impeding their
advancement, such as, lack of access to housing and basic services, inadequate support services
and technologies for reducing drudgery and occupational health hazards and for increasing their
productivity;

i) participate and advice on the planning process of socio-economic development of women;

j) evaluate the progress of the development of women under the Union and any State;

k) inspect or cause to inspected a jail, remand home, women's institution or other place of
custody where women are kept as prisoners or otherwise and take up with the concerned
authorities for remedial action, if found necessary;

l) fund litigation involving issues affecting a large body of women;

m) make periodical reports to the Government on any matter pertaining to women and in
particular various difficulties under which women toil;

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n) Any other matter which may be referred to it by Central Government.

2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1)
to be laid before each House of Parliament along with memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the Union and the reasons for the
non-acceptance, if any, of any such recommendations. Powers of the Commission While
conducting investigations, the Commission has the powers of a civil court to summon any
person, examine the person on oath, discovery and production of document, to receive evidence
on affidavits, requisition public record and issue commissions for examination of witnesses and
documents Working of the Commission. The Commission processes the complaints received
verbally or in writing. It also takes into account suo moto (on its own) notice of cases related to
women. The complaints received relate to various categories of crimes against women such as
domestic violence, harassment, dowry, torture, murder, kidnapping/abduction, complaints
against NRI marriages, desertion, bigamy, rape, police harassment, brutality, cruelty by husband,
deprivation of rights, gender discrimination, sexual harassment at workplace and so on.

The complaints are acted upon in the following manner: Specific cases of police apathy are sent
to the police authorities for investigation and cases are monitored. Family disputes are resolved
or compromises struck through counselling.

 Disaggregated data are made available to various state authorities to facilitate action. In
sexual harassment complaints, the concerned organizations are urged to expedite cases and the
disposal is monitored. For serious crimes, the Commission constitutes an Inquiry Committee to
provide immediate relief and justice to the victims of violence and atrocities. Strategies of the
Commission In keeping with its mandate, the Commission evolved the following strategies to
improve upon the status of women and women development: Economic empowerment through
building up skills and securing access to gainful employment. Political empowerment through
awareness, training and mobilization for equitable representation in the political arena.
Prevention of violence and discrimination against women inside and outside the home through
legal reform and sensitive enforcement.

2.4 Women Development Corporation – State Welfare Board

Department of women and child welfare

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The Ministry of Women and Child Development, a branch of the Government of India, is an
apex body for formulation and administration of the rules and regulations and laws relating to
women and child development in India. The current minister for the Ministry of Women and
Child Development is Smriti Irani having held the portfolio since 31st May, 2019.

Social welfare board

The Central Social Welfare Board was established in 1953 by a Resolution of Govt. of India to

carry out welfare activities for promoting voluntarism, providing technical and financial
assistance to the voluntary organisations for the general welfare of family, women and children.

The Department of Women and Child Development, Government of India, came into existence
as a separate Ministry with effect from 30th January, 2006, earlier since 1985 it was a
Department under the Ministry of Human Resources Development.
The Ministry was constituted with the prime intention of addressing gaps in State action for
women and children for promoting inter-Ministerial and inter-sectoral convergence to create
gender equitable and child-centred legislation, policies and programmes.

3.0 Contemporary Women’s movement :New Rape Laws

Rape is the fourth most common crime against women in India. According to the National Crime
Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in
2012. Out of these, 24,470 were committed by someone known to the victim (98% of the cases).

India has been characterized as one of the "countries with the lowest per capita rates of rape". A
large number of rapes go unreported in various countries including India. In India, consensual
sex given on the false promise of marriage constitutes rape. The willingness to report the rape
has increased in recent years, after several incidents of rape received widespread media attention
and triggered public protest. This led the Government of India to reform its penal code for crimes
of rape and sexual assault.

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According to NCRB 2015 statistics, Madhya Pradesh has the highest raw number of rape
reports among Indian states, while Jodhpur in Rajasthan has the highest per capita rate of
rape reports in cities followed by Delhi, the capital city.

A new section, 376A has been added which states that if a person committing the offence
of sexual assault, "inflicts an injury which causes the death of the person or causes the person to
be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which
shall not be less than twenty.

3.1 Women’s movement for safe environment

In the early 1960s, an interest in women and their connection with the environment was sparked,
largely by a book written by Esther Boserup entitled Woman's Role in Economic
Development. Starting in the 1980s, policy makers and governments became more mindful of the
connection between the environment and gender issues. Changes began to be made regarding
natural resource and environmental management with the specific role of women in mind.
According to the World Bank in 1991, "Women play an essential role in the management of
natural resources, including soil, water, forests and energy, and often have a profound traditional
and contemporary knowledge of the natural world around them". Whereas women were
previously neglected or ignored, there was increasing attention paid to the impact of women on
the natural environment and, in return, the effects the environment has on the health and well-
being of women. The gender-environment relations have valuable ramifications in regard to the
understanding of nature between men and women, the management and distribution of resources
and responsibilities and the day-to-day life and well being of people.

3.2 Movement of uniform civil code

Uniform civil code is the ongoing point of debate Indian mandate to replace personal laws based
on the scriptures and customs of each major religious community in India with a common set of
rules governing every citizen. Goa has a common family law, thus being the only Indian state to
have a uniform civil code.

3.3 Protection of Women from Domestic Violence Act,2005

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What is Domestic Violence

A “Physical abuse”- any act that causes bodily injury or hurt. E.g. beating, kicking, punching,
etc. 
B “Sexual abuse”- any humiliating or degrading sexual act. E.g. forced sexual intercourse etc. 
C.“Verbal and emotional abuse”- insults, threat causing harm or injury. 
D. “Economic abuse”- deprivation of the basic necessities of life. 

Protection of Women from Domestic Violence Act, 2005 contains five chapters and thirty seven
sections. The basic provisions are simplified here so that a layman faces no difficulties when it
comes to grasping the concept of the act.

Definitions in the Domestic Violence Act, 2005

(a) Domestic Violence

The term ‘domestic violence’ has been used in widest sense which covers all forms of
physical , sexual, verbal, emotional and economic abuse that can harm, cause injury to,
endanger the health safety, life , limb or well-being either mental or physical of the
aggrieved person.

(b) ‘Aggrieved person’

The span of the term ‘aggrieved person’ covers not just a wife but a woman who is the
sexual partner of the male irrespective of whether she is legal wife or not  (includes live-
in relationships as well)

The daughter, mother, sister, child (male or female), widowed relative, in fact, any
woman residing in the household who is related in some way with the respondent is
covered by the act.

(c)’ Respondent’

The term ‘respondent’ implies “any male, adult person who is, or has been, in a domestic
relationship with the aggrieved person”.

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 This ensures that the respondent’s mother, sister and other relatives do not go scott free,
the case can also be filed against relatives of the husband or the male partner.

3.4 Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Act, 2013

The Sexual Harassment at Workplace Act of 2013 is a special Legislation aiming towards
providing a safe and hostile free environment at work to women. An effective implementation of
the Act will contribute to the realization of their right to gender equality, life and liberty, equality
in working conditions everywhere. The sense of security at the workplace will improve
women‘s participation in work, resulting in their economic empowerment and inclusive growth.
The Act is gender specific to only women.

EVOLUTION :

Bhanwari Devi, a social worker from Rajasthan, During her work, she prevented the marriage
of a one year girl in the community. The issue was reported to the local complaints committee
and no action was taken. Bhanwari Devi was however subsequently gangraped by those are men.

Vishaka Judgement and SC Guidelines:

In the absence of a specific law in India, the Supreme Court, in the Vishaka Judgment, laid
down certain guidelines making it mandatory for every employer to provide a mechanism to
redress grievances pertaining to workplace sexual harassment. Who is it Applicable to? It
Extends to the whole of India. It applies to both the Organised and unorganized sectors in India.

What constitutes “Sexual harassment”?

As per the POSH Act, ‗sexual harassment‘ includes unwelcome sexually tinted behaviour,
whether directly or by implication, such as

(i) physical contact and advances, (ii) demand or request for sexual favours, (iii) making
sexually coloured remarks, (iv) showing pornography, or (v) any other unwelcome
physical, verbal or non-verbal conduct of a sexual nature. Dr. Punita K. Sodhi v. Union
of India & Ors. W.P. (C) 367/2009 & CMS 828, 11426/2009 In 2010, the High Court of
Delhi upheld the view that sexual harassment is a subjective experience and for that
reason held ―A complete understanding of the complainant‘s view requires... an

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 analysis of the different perspectives of men and women. Conduct that many men
consider unobjectionable may offend many women. Men tend to view some forms of
sexual harassment as ―harmless social interactions to which only overly-sensitive
women would object. The characteristically male view depicts sexual harassment as
comparatively harmless amusement. Men, who are rarely victims of sexual assault, may
view sexual conduct in a vacuum without a full appreciation of the social setting or the
underlying threat of violence that a woman may perceive.
(ii) How to Identify “WORKPLACE”?
Work place has to be understood in a wider connotation and not looked in a pedantic
approach. In Saurabh Kumar Mallick v. Comptroller & Auditor General of India, The
word ― Work place has been objectively defined. The test laid down includes
1)Proximity from the place of work; 2)Control of the management over such a
place/residence where the working woman is residing; and 3) Such a residence has to be
an extension or contiguous part of the working place.
What are my Reliefs?
 The Complainant has the option to file a written complaint to ICC/LCC. Either she can
demand an enquiry into the matter or choose to conciliate. In case of the former, the
Complaints committee has to conduct a detailed investigation within the workplace and
declare their judgment along with the recommendations to the employer. The
Complaints Committee has the discretion to suggest the penalties after having heard both
the parties. Any aggrieved Party also has a right to appeal against the order of the
ICC/LCC for further reliefs under this Act.
Where should the complaint be filed?
An important feature of the POSH Act is that it envisages the setting up of a grievance
redressal forum. INTERNAL COMPLAINTS COMMITTEE – ORGANISED SECTOR.
The POSH Act requires an employer to set up an ‗internal complaints committee‘
(―ICC‖) at each office or branch, of an organization employing 10 or more employees,
to hear and redress grievances pertaining to sexual harassment LOCAL COMPLAINTS
COMMITTEE - UNORGANISED SECTOR. At the district level, the Government is
required to set up a ‗local complaints committee‘ (―LCC‖) to investigate and redress
complaints of sexual harassment from the unorganized sector or from establishments

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 where the ICC has not been constituted on account of the establishment having less than
10 employees or if the complaint is against the employer.
DO‘S OF COMPLAINT COMMITTEE
1) Use a cheerful, comfortable, airy room for meetings. 2)Ensure that your body
language communicates complete attention to the complainant and the accused. 3)Treat
the complainant with respect. 4)Discard pre-determined notions of how a victim or
accused should look or behave. Beware of stereotypes. 5)All sexual crimes are
committed in private, so there may not be any eyewitnesses. 6)Consult the complainant
DON‘T‘S OF COMPLAINT COMMITTEE

1)Do not get aggressive. 2)Do not insist on a detailed description of harassment. This
could increase the complainant‘s trauma. 3)Do not allow interruptions during deposition.
4)Do not try and determine the impact of the harassment on the complainant. Let the
complainant determine it. Help the complainant, if necessary. 5)Do not discuss the
complaint in the presence of others. 6)Remember, this is a human 7)If the management
does not accept the recommended action, it should give three valid reasons. 8) Help the
complainant regain his/her self-respect rights issue, therefore, (a) do not give too much
weight age to intention, focus on the impact, and (b) 'proof beyond reasonable doubt' is
not required, a strong probability is sufficient.

3.5 The Immoral Traffic (Prevention) Act, 1956

This act is applicable to whole India.

BROTHEL: Any house ,room or a premises which is used for the purpose of sexual exploitation.

PROSTITUTION : Sexual exploitation or abuse of persons for commercial use.

Punishment for keeping a brothel or allowing premises to be used as brothel.

Any person who keeps or keeping the management of a brothel shall be punishable for the term
of first time –not less than one year and not more than three years.

For the term of 2nd year –not less than 2 years and not more than 5 years. Fine up to Rs. 2000/-

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Immoral Traffic Prevention Act, 1986

 In 1950 the Government of India ratified the International Convention for the
Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of
others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls
Act, 1956 (SITA). The act was further amended and changed in 1986, resulting in
the Immoral Traffic Prevention Act also known as PITA. Immoral Traffic Prevention
Act, 1986 PITA only discusses trafficking in relation to prostitution and not in relation to
other purposes of trafficking such as domestic work, child labour, organ harvesting, etc.
The following is an outline of the provisions in this law that pertains to children below
the age of 18.
 The act defines child as any person who has completed eighteen years of age. The first
section of the act has provisions that outline the illegality of prostitution and the
punishment for owning a brothel or a similar establishment, or for living of earnings of
prostitution as is in the case of a pimp. Section five of the act states that if a person
procures, induces or takes a child for the purpose of prostitution then the prison sentence
is a minimum of seven years but can be extended to life. To ensure that the people in the
chain of trafficking are also held responsible the act has a provision that states that any
person involved in the recruiting, transporting, transferring, harbouring, or receiving of
persons for the purpose of prostitution if guilty of trafficking. In addition any person
attempting to commit trafficking or found in the brothel or visiting the brothel is
punishable under this law.
 If a person if found with a child it is assumed that he has detained that child there for the
purpose of sexual intercourse and hence shall be punishable to seven year in prison up to
life imprisonment, or a term which may extend to ten year and also a maximum fine of
one lakh rupees. If a child is found in a brothel and after medical examination has been
found to have been sexually abused, it is assumed that the child has been detained for the
purpose of prostitution.
 Any person committing prostitution in public with a child shall be punishable to seven
year in prison up to life imprisonment, or a term which may extend to ten year and also a
maximum fine of one lakh rupees. If prostitution of a child is being committed with

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 knowledge of an establishment owner such as a hotel the license of the hotel is likely to
be cancelled along with the given prison sentence and/or fines.
 Any child found in a brothel or being abused for the purpose of prostitution can be placed
in an institution for their safety by a magistrate. Landlords, leasers, owner, agent of the
owner who unknowingly previously rented their property to a person found guilty of
prostituting a child, must get approval from a magistrate before re-leasing their property
for three years after the order is passed.
 In 2006, the Ministry of Women and Child Development proposed an amendment bill
that has yet to be passed. The amendment does not really concern any of the provisions
related to the child but has many important consequences for the right of women sex
workers.

Initiatives to combat trafficking of Women and Children

The Ministry of Women and Child Development (MWCD) in an attempt to stop the trafficking
of women and children has undertaken a number of initiatives.

 National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of

Women and Children 1998, was formulated with the aim of mainstreaming and
reintegrating victims of trafficking.
 Central Advisory Committee (CAB) was constituted to advise on methods and tactic to
address the problem.
 Pre-rescue, Rescue and Post-rescue operations of child victims of trafficking for the
purpose of Commercial Sexual Exploitation protocol was published as guidelines for all
stakeholders
 The MWCD in collaboration with NIPCCD and UNICEF has developed three manuals
for 'Judicial Handbook on combating Trafficking of women and Children for Commercial
Sexual Exploitation'; 'Manual for Medical Officers for Dealing with Child Victims of
Trafficking and Commercial Sexual Exploitation'; and 'Counselling services for Child
survivors of trafficking'.

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  Ministry of Home Affairs has set up of a dedicated nodal Cell in the MHA for prevention
of trafficking. The cell is responsible for providing state governments with the necessary
research, studies and information.
 The ministry organises workshops for NGOs on issues relating to trafficking of children
for commercial sexual exploitation. A special module for counsellors of trafficked
victims has been formulated.
 Suggested amendment of the Immoral Traffic (Prevention) Act, 1956 to widen its scope,
focus on traffickers, human rights of victims and focus on proper implementation.
 Training to all stake holders such as police, government officials, etc. to better understand
the situation and hence respond properly to a suspicious activity or person.
 The MWCD runs Shelter based homes Short Stay Homes, Swadhar Homes for women in
difficult circumstances
 Three pilot projects were implemented i)Pilot project to combat trafficking women and
children for commercial sexual exploitation under the sanction of tradition ii) Pilot
project to combat trafficking of women and children for commercial, sexual exploitation
in source areas and iii) Pilot project to combat trafficking of women and children for
commercial sexual exploitation in destination areas. The projects are in the process of
being converted into a full scheme.
 With the Ministry of External Affairs, MWCD has endeavored to create special task
forces to combat cross border trafficking.
 Tackle trafficking of women and girls by addressing issues of poverty, illiteracy, lack of
access to education and schools, lack of vocational skill and employment opportunities,
prevalence of age old evil practices like child marriages, low status of women and girls in
society etc.

For More Information:

The Immoral Traffic (Prevention) Act, 1956 (93.2KB)

The Immoral Traffic (Prevention) Amendment Bill, 2006 (14.5KB)

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3.6 THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION)ACT,1986

The Indecent Representation of Women (Prohibition) Act, 1986 is an Act of the Parliament
of India which was enacted to prohibit indecent representation of women through advertisement
or in publications, writings, paintings, figures or in any other manner. Section 509 & Section 354
for dealing with sexual harassment.

In this Act, unless the context otherwise requires,—

(a) “advertisement” includes any notice, circular, label, wrapper or other document and also
includes any visible representation made by means of any light, sound, smoke or gas;

(b) “distribution” includes distribution by way of samples whether free or otherwise;

(c) “indecent representation of women” means the depiction in any manner of the figure of a
woman, her form or body or any part thereof in such a way as to have the effect of being
indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the
public morality or morals;

(d) “label” means any written, marked, stamped, printed or graphic matter, affixed to, or
appearing upon, any package;

(e) “package” includes a box, carton, tin or other container;

(f) “prescribed” means prescribed by rules made under this Act.

3. Prohibition of advertisements containing indecent representation of women.—No person shall

publish, or cause to be published, or arrange or take part in the publication or exhibition of, any
advertisement which contains indecent representation of women in any form.

4. Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent

representation of women.—No person shall produce or cause to be produced, sell, let to hire,
distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which contains indecent representation of women
in any form: Provided that nothing in this section shall apply to—

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(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation
or figure—

(i) the publication of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,
representation or figure is in the interest of science, literature, art, or learning or other objects of
general concern; or

(ii) which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

(i) any ancient monument within the meaning of the Ancient Monument and Archaeological
Sites and Remains Act, 1958 (24 of 1958); or

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious
purpose;

(c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of
1952), will be applicable.

5. Powers to enter and search.—

(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the State
Government may, within the local limits of the area for which he is so authorised,—

(a) enter and search at all reasonable times, with such assistance, if any, as he considers
necessary, any place in which he has reason to believe that an offence under this Act has been or
is being committed;

(b) seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation or figure which he has reason to believe contravenes any of the
provisions of this Act;

(c) examine any record, register, document or any other material object found in any place
mentioned in clause (a) and seize the same if he has reason to believe that it may furnish
evidence of the commission of an offence punishable under this Act: Provided that no entry

21
under this sub-section shall be made into a private dwelling house without a warrant: Provided
further that the power of seizure under this sub-section may be exercised in respect of any
document, article or thing which contains any such advertisement, including the contents, if any,
of such document, article or thing if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article or thing without affecting the integrity,
utility or saleable value thereof.

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,
apply to any search or seizure under this Act as they apply to any search or seizure made under
the authority of a warrant issued under section 94 of the said Code.

(3) Where any person seizes anything under clause (b) or clause (c) of sub-section (1), he shall,
as soon as may be, inform the nearest Magistrate and take his orders as to the custody thereof.

6. Penalty.—Any person who contravenes the provisions of section 3 or section 4 shall be

punishable on first conviction with imprisonment of either description for a term which may
extend to two years, and with fine which may extend to two thousand rupees, and in the event of
a second or subsequent conviction with imprisonment for a term of not less than six months but
which may extend to five years and also with a fine not less than ten thousand rupees but which
may extend to one lakh rupees.

4.0 LAWS RELATED TO FAMILY AND MARRIAGE

RIGHTS WITHIN MARRIAGE

Matrimonial Rights of Women

In India, upon marriage, women leave their parental homes and live in the home provided by the
husband or by his family members. This home is called her matrimonial home. (In fact
traditionally it is believed that after marriage a woman has rights only in her husband‘s home and

22
not in her parental home, though legally the position is now changed and today women have a
right of residence in both parental as well as the matrimonial home.The contract of marriage
creates a legal obligation upon the husband and his family members to provide a shelter and
maintenance to the wife. In our society, a woman is perceived as a home maker, in addition to all
other roles she may be required to perform. So while women have the burden of managing the
house, cooking for the family, raising the children and tending to the sick, their chances of
earning an adequate income to support themselves or even the chances of retaining their pre
marriage jobs are constrained. Hence when economic support is withdrawn due to a matrimonial
conflict, most women are rendered destitute. The situation becomes dismal when they have the
additional burden of caring for their children. Women‘s right to shelter and maintenance is
located within this conceptual framework.

There are various legal provisions which are meant to safeguard the rights of the wife in her
husband‘s home and to ensure that she can live there with dignity and safety. The husband and
his family cannot deprive her of these rights. They cannot harass a wife for dowry and inflict
violence upon her. If a situation of domestic or sexual violence arises, the wife can avail of legal
remedies under criminal as well as civil laws. The wife also has a right to file for divorce and opt
out of the marriage. She also has a right to custody of her children.

4.1 Registration of Marriage

Under the Hindu marriage laws, there are certain conditions that have to be complied with before
a marriage is valid in India: The persons getting married must be unmarried and must not have a
living spouse from their previous marriage.

4.2 Minimum age at marriage

The legal age for a woman is 18 years and for a man is 21 years.

The Supreme Court of India, in 2006, made it mandatory to register all marriages. In India, a

marriage can either be registered under the Hindu Marriage Act, 1955 or under the
Special Marriage Act, 1954.

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4.3 Divorce Laws : Judicial Separation law and Divorce Maintenance Laws

Divorce is the legal dissolution of a marriage by a court or other competent body.

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as
per Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least
two years, the couple only needs to provide that they have not been living as husband and wife
during this period.

Section 10 of Hindu Marriage Act provides for judicial separation. It provides that either party to
a marriage can file a petition before the Court for such a relief on any of the following grounds:
(i) that the other party has had voluntary sexual intercourse with any person other than his or her

Spouse after solemnization of marriage,

(ii) that the other party has, after solemnization of the marriage, treated the spouse with cruelty;

(iii) that the other party has deserted the spouse for a continuous period of not less than 2 years

Immediately preceding the presentation of the petition,

(iv) that the other party has ceased to be a Hindu by conversion to another religion;

(v) that the other party has been incurably of unsound mind, or has been suffering continuously
or intermittently from mental disorder of such a kind and to such an extent that the petitioner
cannot reasonably be expected to live with the other party;

(vi) that the other party has been suffering from a virulent and incurable form of leprosy;

(vii) that the other party has been suffering from venereal disease in a communicable form; or

(viii) the other party has renounced the world by entering any religious order; or

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(ix) the other party has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him/her, had the party been alive;

In case of wife, she is entitled to the aforesaid relief of judicial separation on following two
additional grounds also:
(a) that the husband has, since the solemnization of marriage, been guilty of rape, sodomy or
bestiality;

(b) that a decree or order has been passed against the husband awarding maintenance to the wife
under section 18 of Hindu Adoptions and Maintenance Act, 1956 or in proceeding under section
125 Cr.P.C and since the passing of the decree or order, cohabitation between the parties has not

been resumed for one year or upwards,

(c) that her marriage was solemnized before she attained the age of 15 years and she has
repudiated the marriage after attaining that age but before attaining the age of 18 years.

Divorce Maintenance laws

Law of Maintenance in India is governed by following laws/Acts:

 Section 125 Cr.P.C. ( Code of Criminal Procedure)

 Domestic Violence Act
 Section 24 of the Hindu Marriage Act
 Section 18 of Hindu Adoption and Maintenance Act

Wife can seek maintenance under any of the aforementioned laws. Provision of Domestic Violence
has brought specifically concept of right to residence. Right to residence mean that living in the
matrimonial home or shared house or husband is providing alternate accommodation of the same
status where parties were living at the time of separation.

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Section 18 of Hindu Adoption and Maintenance Act provides, amongst other, wife and children claim
to seek maintenance from spouse. This being an exclusive civil suit for maintenance, there is more
comprehensive pleading and detailed analysis of claim of maintenance.

Section 125 Cr. P.C claim for maintenance was earlier decided by the Metropolitan or Judicial
Magistrate. Now, since commencement and enforcement of Family Courts Act, such proceedings
under section 125 takes place before Family Court of competence Jurisdiction.

Section 24 Hindu Marriage Act is invoked when there is a petition already pending of the nature of
annulment of marriage, judicial separation, Restitution of Conjugal Rights.

In all above cases maintenance can be claimed. General law is that maintenance as awarded in one
proceeding shall be adjustable in case maintenance is awarded by  any other Court in proceedings
as defined above.

GENERAL LAW & QUANTUM OF MAINTENANCE:

In the context of matrimonial disputes, maintenance is a claim by the wife from Husband seeking
financial claims. Concept of Maintenance over the years has changed. Earlier, maintenance would
mean and include only amount for bare sustenance. Now, maintenance include support for
child(ren), residence,  medical expenses amongst various other components. To put it simply,
maintenance now means and include that both parties should live and maintain similar status as that
of the husband or as she along with children was used to of at the time of separation between
husband and wife.

As per law, husband can also seek maintenance if he is unable to maintain himself. But on practical
front in the Court, same is only an exception. Husband will not get maintenance if he is an able
bodied person and not suffering from any severe disability. Husband may get maintenance only in
exceptional case like where both husband and wife were working in a joint business. Now, wife
wants to separate. If husband is refrained from working in the said joint setup, then there is likelihood
of him getting maintenance. But there are rare sights. Gender neutrality calls for parity. But, history,
social-culture and milieu throw different perspective.

There is no fixed formula to decide the amount or at the rate which maintenance is granted by  the
Court. Court considers various factors such as income of parties, life style of spouse, dependants,
requirements of spouse seeking maintenance before reaching to a figure of maintenance.

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In one case, Court has laid down the rule of ‘Resource Cake’. In this case income is divided
into number of proportion of claimants and one additional proportion goes to the one
working and is being asked to pay maintenance.

In other cases general approach adopted by the Court is to give one third of the income of the
husband. Recently, Supreme Court of India held that 25% of income of the husband is a sufficient
maintenance. Thus, application of law is variable.

There are various conflicting judgments regarding when wife is not entitled for maintenance. One set
of view says that if wife is working, she is not entitled to maintenance. Another view which has
gained round recently says that the wife who although not working but sufficiently qualified and
capable of earning is not entitled for maintenance. Another view says that if there is a disparity
between the income of husband and wife, wherein wife is earning far lesser as compared to that of
husband then to set the equity, Court grants maintenance to maintenance.

PLACE WHERE MAINTENANCE CASE CAN BE FILED BY WIFE:

1. In case of claim for maintenance under section 24 HMA, where case is pending.
2. In case of claim for maintenance under section 125 Cr.P.C where wife is residing or at the
place where Respondent is residing
3. In case of claim for maintenance under Domestic Violence, it can be filed where wife is either
residing or working or where respondent is residing or working or where cause of action had
taken. Thus, Domestic Violence Law gives broader scope of jurisdiction

4.4 Dowry prohibition Act (Already explained in Unit 2 notes)

5.0 Role of women in development

In the national development, women plays equal and important role in India on the Gandhiji
vision. According the Indian constitution, women have more rights for enjoyment and privileges

27
while they are urban women or rural women. Generally, most of the women are living in the
urban area which is middle class and educated women.

From pastoral society to contemporary information and global society, the role of women has
changed drastically. The role of a typical ‘Grihani’ who catered to all the requirements of the
household including the rearing and upbringing of children has been played quite efficiently. The
continuity of changes in socio-economic and psycho-cultural aspects of human living has
influenced the role of women.

Women’s role in society past and present

During the Vedic times, Sita, Ahilya, Draupadi, Parvati and other women or goddesses became
our idols due to their great sacrifices and virtues. During the medieval age in India, Meerabai,
Chand Bibi, Razia Sultana, Padmini, Noor Jehan, Mumtaz Mehal, Jeeja Bai and Panna Dhai
were the leading ladies who actively contributed in the social and political development of India.
They tried to transform the contemporary Indian society through their virtues and actions. During
the modern times, women of India also contributed towards the struggle for Indian
independence. These included Bhikaji Cama, Aruna Asaf Ah, Sarojini Naidu, Annie Besant,
Laxmi Bai of Jhansi, Begum Hazrat Mahal and Kasturba Gandhi.

They also tried to transform the masses and enlighten them in social terms. Some of them fought
against the Sati system too. With the process of industrialization, modernization and
globalization showing its deep impact on the human society all over the world, the role and
responsibilities of women has attained new definition and perspective. Further, this has also led
to addition of responsibilities and denied the role of women who also shares the financial
responsibilities.

The educational and occupational ‘patterns have also changed and widened with women entering
the domains, which till decade back was considered to be dominated by men. There has been an
encouraging rise in the percentage of women joining service sector specially Banking and IT.

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Women’s contribution to GDP in India, women’s role in india’s development

29
30
Women have played a silent, self-effacing role to sustain Indian civilization down the ages. They
have made their influence felt in all walks of life but retained the feminine graces-motherliness,
wife’s fidelity, kinship bonds, cultural norms and the cherished “home sweet home” instinct.

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Women are crucial to the development of their communities; their role can be seen in the family
and the nation at large. They and their children constitute at least 75 percent of the total
population of the country. They are thus, a segment of the population that cannot be ignored in
any development initiatives.

A woman according to Abdul azeez (2004) is that creature that co – habit the planet earth with
man. The Chambers Dictionary describes a woman as an adult female of the human race.
Women are different from men because of their natural roles and physiology.

Women constituted a large and important segment of our population, Nigerian estimated
population of 140 million is made up of 52% of women, they play key roles in the development
of their communities, they are responsible for producing and processing the nation’s food supply.
They are noted as providers of health care services in their homes and communities. Women are
the first to nurture and transmit knowledge and culture to the young ones in the society. They
have a vital role to play in the promotion of peace in all spheres of life in the family which is the
prerequisite for any meaningfully economic development to any country.

In the same vein, according to Mangvwat (2004), the United Nations Economic Community for
Africa (UNECA) and the Food and Agricultural Organization (FAO) has summarized the role of
women in Africa and Nigeria in particular in the following words. “The work and the life of the
rural women have always been hard. She rises before dawn, walks two hours or more to fetch
water, spends some ten hours in the field during the peak seasons. They have a major
responsibility for farm and home, but they are denied access to knowledge and the resources to
go forward and they are often exhausted from sheer physical labour to do so”.

The proper roles of women in development are simply the fullest mobilization of their
intellectual and physical resources as of supplement to the almost already mobilized intellectual
and physical resources of men for the purpose of creating here and now a material paradise. It is
noted, therefore, that women are a huge human resources base that needs to be tapped and
invested in because their role pervades many areas of socio – economic life. Nigerian women
also play key in trading, commercial subsection, petty trading dealing menially in consumable
goods, while the big retails and wholesales female traders concentrates in the urban areas.

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However, the Nigerian women are still struggling with shackles of the gender disparity. Today
there are many women organizations, but how many have actually contributed to our national
economic development?

Citations

Abdulazeez, M. O. (2004). “Women Education, Problems and Challenges”. Journal of Women

in Colleges Education Vol. 8 No. 2

Mangvwat, K. O. (2003). “Measuring Women Empowerment: Learning from Cross – National

Research”. Journal of Gender Power and Empowerment. Vol. 3

Further Reading:

https://learnvercity.com/1966/effects-of-poverty-in-developing-countries/

READ:  Election Officials and their Duties

https://learnvercity.com/2148/dimensions-of-poverty-in-nigeria/

5.1 POVERTY ALLEVATION PROGRAMMES

21 Major Poverty Alleviation Programmes Launched in India

The government has relied mainly on three approaches for reduction of poverty. The first entails
pursuit of higher economic growth which will improve the levels of living of all groups of people
in the society including the poor, the second involves direct anti-poverty programmes and the
third has stressed high priority to government expenditure on social sectors.

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After independence, the Government has launched several poverty alleviation programmes, the
important among these are as follows:

1. Legal elimination of bonded labourers.

2. Preventing the centralisation of wealth by modifying the law.

3. Antyodaya plan.

4. Small Farmers Development Programme (SFDP)

5. Drought Area Development Programme (DADP)

6. Twenty point programme

7. Food for work programme

8. Minimum needs programme (MNP)

9. Integrated Rural Development Programme (IRDP)

10. National Rural Employment Programme (NREP)

11. Rural Labour Employment Guarantee Programme (RLEGP)

12. TRYSEM scheme

13. Jawahar Rojgar Yojna (JRY)

14. Swarna Jayanti Gram Swarozgar Yojna.

15. National Social Assistance Programme (NSAP)

16. Rural Housing Programme.

17. Indira A was Yojana.

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18. Pradhan Mantri Rojgar Yojna.

19. Nehru Rozgar Yojna (NRY)

20. Self-Employment Programme for the Urban Poor, (SEPUP)

21. Prime Minister’s Integrated Urban Poverty Eradication Programme (PMIUPEP)

Poverty, however, can be eradicated only when the various facilities and concessions for the
upliftment of the downtrodden actually reach them. Then, there should be proper utilisation of
these concessions and facilities.

The focus of attention should not be on individual households but on the group of households.
The assets of the individual household should be pooled together to start occupation when are
technically feasible and economically viable.

5.2 Status of women farmers and land rights

The government sees ownership of land as necessary for one to be considered a 'farmer', but
patriarchal norms oppose inheritance to woman, leaving them unable to access benefits and
rights.

Women in Agriculture

Although the IAASTD firmly warns us against hoping for any kind of ‘silver bullet’ solutions, it
leaves no doubt that respecting the basic rights of women, especially in rural areas in Asia and
Africa, is by far the most effective means of fighting hunger and poverty in a sustainable way.
This ranges from the fundamental right to bodily integrity, to the freedom to choose whether to
marry and if/when to have children. Whether women can exercise their right to learn to read and
write, to own land, to have access to water, livestock and machinery; or whether they are allowed

35
to open a personal bank account or take a loan can be a decisive factor in women’s chances of
being able to provide for themselves and their families. If women have the opportunity to self-
organise and take part in decision-making, often the whole community will benefit.

Gender equality – the best solution for hunger

Compared to men, women and girls are still more severely affected by poverty, hunger and
disease. When food is scarce, female family members often get the smallest portions. On the
labour market, women are literally paid starvation wages. Mothers also suffer most from lack of
medical care and balanced diets. The responsibility for the survival of their children commonly
demands additional sacrifices from them. In Africa and large parts of Asia, women in rural areas
bear the main responsibility for taking care of children and elderly. They also constitute the
majority of the agricultural labour force in small-scale and subsistence farming. Since official
statistics do not capture unpaid work, be it in the garden, in the field or in the household, they
insufficiently represent women’s actual share in agricultural work. Women in Africa and Asia
who live in rural areas are often doubly affected by discrimination.

The feminization of agriculture

The number of female-headed households is increasing as a result of civil wars, AIDS and the
migration of men to cities in search of paid work. The IAASTD describes this as ‘the
feminization of agriculture’ that is having profound and far-reaching effects, both positive and

36
negative. Offering qualification opportunities, extension services and agricultural training to
women therefore needs to be a priority of future development policies. Initially, the number of
women in agricultural extension and research needs to be increased.

5.3 WOMEN ENTREPRENEURS

Economic Empowerment of women

Poverty Eradication

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5.1 Since women comprise the majority of the population below the poverty line and are very
often in situations of extreme poverty, given the harsh realities of intra-household and social
discrimination, macro economic policies and poverty eradication programmes will specifically
address the needs and problems of such women. There will be improved implementation of
programmes which are already women oriented with special targets for women. Steps will be
taken for mobilization of poor women and convergence of services, by offering them a range of
economic and social options, along with necessary support measures to enhance their capabilities

Micro Credit

5.2 In order to enhance women’s access to credit for consumption and production, the
establishment of new, and strengthening of existing micro-credit mechanisms and micro-finance
institution will be undertaken so that the outreach of credit is enhanced. Other supportive
measures would be taken to ensure adequate flow of credit through extant financial institutions
and banks, so that all women below poverty line have easy access to credit.

Women and Economy

5.3 Women’s perspectives will be included in designing and implementing macro-economic and
social policies by institutionalizing their participation in such processes. Their contribution to
socio-economic development as producers and workers will be recognized in the formal and
informal sectors (including home based workers) and appropriate policies relating to
employment and to her working conditions will be drawn up. Such measures could include:

Reinterpretation and redefinition of conventional concepts of work wherever necessary e.g. in

the Census records, to reflect women’s contribution as producers and workers.

Preparation of satellite and national accounts.

Development of appropriate methodologies for undertaking (i) and (ii) above.

Globalization

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Globalization has presented new challenges for the realization of the goal of women’s equality,
the gender impact of which has not been systematically evaluated fully. However, from the
micro-level studies that were commissioned by the Department of Women & Child
Development, it is evident that there is a need for re-framing policies for access to employment
and quality of employment. Benefits of the growing global economy have been unevenly
distributed leading to wider economic disparities, the feminization of poverty, increased gender
inequality through often deteriorating working conditions and unsafe working environment
especially in the informal economy and rural areas. Strategies will be designed to enhance the
capacity of women and empower them to meet the negative social and economic impacts, which
may flow from the globalization process.

Women and Agriculture

5.5 In view of the critical role of women in the agriculture and allied sectors, as producers,
concentrated efforts will be made to ensure that benefits of training, extension and various
programmes will reach them in proportion to their numbers. The programmes for training
women in soil conservation, social forestry, dairy development and other occupations allied to
agriculture like horticulture, livestock including small animal husbandry, poultry, fisheries etc.
will be expanded to benefit women workers in the agriculture sector.

Women and Industry

5.6 The important role played by women in electronics, information technology and food
processing and agro industry and textiles has been crucial to the development of these sectors.
They would be given comprehensive support in terms of labour legislation, social security and
other support services to participate in various industrial sectors.

5.7 Women at present cannot work in night shift in factories even if they wish to. Suitable
measures will be taken to enable women to work on the night shift in factories. This will be
accompanied with support services for security, transportation etc.

Support Services

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5.8 The provision of support services for women, like child care facilities, including crèches at
work places and educational institutions, homes for the aged and the disabled will be expanded
and improved to create an enabling environment and to ensure their full cooperation in social,
political and economic life. Women-friendly personnel policies will also be drawn up to
encourage women to participate effectively in the developmental process.

5.4 WORLKING WOMEN

 Women make up 48 percent of the Indian population but have not benefitted equally from
India's rapid economic growth. Female child mortality is still a grave concern, with over
239,000 girls under the age of 5 dying each year. Sixty-five percent of women are literate
as compared to 80 percent of men. India has amongst the lowest female labor force
participation rates in the world. Less than a third of women – 15 years or older – are
working or actively looking for a job. This International Women's Day, we highlight a
few World Bank-supported projects—big and small—that showcase the Bank’s
commitment towards the same.

 Today, only 25% of Indian women are employed. According to the World Bank’s 2017
India Development Report, India ranked 120 among 131 countries on female workforce
participation. 

 Empowering women in jobs and businesses is a crucial step towards gender equality.
Let’s give women, not just a chance to venture out of their homes, but to excel in their
careers and to achieve their potential. It is our responsibility, as an egalitarian society, to
give them the opportunity and the environment in which they are free to do so.

5.5 NATIONAL POLICY FOR THE EMPOWERMENT OF WOMEN (2001)

Introduction

The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only

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grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women.

Within the framework of a democratic polity, our laws, development policies, Plans and
programmes have aimed at women’s advancement in different spheres. From the Fifth Five Year
Plan (1974-78) onwards has been a marked shift in the approach to women’s issues from welfare
to development. In recent years, the empowerment of women has been recognized as the central
issue in determining the status of women. The National Commission for Women was set up by
an Act of Parliament in 1990 to safeguard the rights and legal entitlements of women. The 73rd
and 74th Amendments (1993) to the Constitution of India have provided for reservation of seats
in the local bodies of Panchayats and Municipalities for women, laying a strong foundation for
their participation in decision making at the local levels.

1.3 India has also ratified various international conventions and human rights instruments
committing to secure equal rights of women. Key among them is the ratification of the
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.

1.4 The Mexico Plan of Action (1975), the Nairobi Forward Looking Strategies (1985), the
Beijing Declaration as well as the Platform for Action (1995) and the Outcome Document
adopted by the UNGA Session on Gender Equality and Development & Peace for the 21st
century, titled "Further actions and initiatives to implement the Beijing Declaration and the
Platform for Action" have been unreservedly endorsed by India for appropriate follow up.

1.5 The Policy also takes note of the commitments of the Ninth Five Year Plan and the other
Sectoral Policies relating to empowerment of Women.

1.6 The women’s movement and a wide-spread network of non-Government Organisations

which have strong grass-roots presence and deep insight into women’s concerns have contributed
in inspiring initiatives for the empowerment of women.

1.7 However, there still exists a wide gap between the goals enunciated in the Constitution,
legislation, policies, plans, programmes, and related mechanisms on the one hand and the
situational reality of the status of women in India, on the other. This has been analyzed

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extensively in the Report of the Committee on the Status of Women in India, "Towards
Equality", 1974 and highlighted in the National Perspective Plan for Women, 1988-2000, the
Shramshakti Report, 1988 and the Platform for Action, Five Years After- An assessment"

1.8 Gender disparity manifests itself in various forms, the most obvious being the trend of
continuously declining female ratio in the population in the last few decades. Social stereotyping
and violence at the domestic and societal levels are some of the other manifestations.
Discrimination against girl children, adolescent girls and women persists in parts of the country.

1.9 The underlying causes of gender inequality are related to social and economic structure,
which is based on informal and formal norms, and practices.

1.10 Consequently, the access of women particularly those belonging to weaker sections
including Scheduled Castes/Scheduled Tribes/ Other backward Classes and minorities, majority
of whom are in the rural areas and in the informal, unorganized sector – to education, health and
productive resources, among others, is inadequate. Therefore, they remain largely marginalized,
poor and socially excluded.

Goal and Objectives

1.11 The goal of this Policy is to bring about the advancement, development and empowerment
of women. The Policy will be widely disseminated so as to encourage active participation of all
stakeholders for achieving its goals.

Specifically, the objectives of this Policy include

(i) Creating an environment through positive economic and social policies for full development
of women to enable them to realize their full potential

(ii) The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women
on equal basis with men in all spheres – political, economic, social, cultural and civil

(iii) Equal access to participation and decision making of women in social, political and
economic life of the nation

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(iv) Equal access to women to health care, quality education at all levels, career and vocational
guidance, employment, equal remuneration, occupational health and safety, social security and
public office etc.

(v) Strengthening legal systems aimed at elimination of all forms of discrimination against
women

(vi) Changing societal attitudes and community practices by active participation and involvement
of both men and women.

(vii) Mainstreaming a gender perspective in the development process.

(viii) Elimination of discrimination and all forms of violence against women and the girl child;
and

(ix) Building and strengthening partnerships with civil society, particularly women’s
organizations.

Policy Prescriptions

Judicial Legal Systems

Legal-judicial system will be made more responsive and gender sensitive to women’s needs,
especially in cases of domestic violence and personal assault. New laws will be enacted and
existing laws reviewed to ensure that justice is quick and the punishment meted out to the
culprits is commensurate with the severity of the offence.

2.2 At the initiative of and with the full participation of all stakeholders including community
and religious leaders, the Policy would aim to encourage changes in personal laws such as those
related to marriage, divorce, maintenance and guardianship so as to eliminate discrimination
against women.

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2.3 The evolution of property rights in a patriarchal system has contributed to the subordinate
status of women. The Policy would aim to encourage changes in laws relating to ownership of
property and inheritance by evolving consensus in order to make them gender just.

Decision Making

3.1 Women’s equality in power sharing and active participation in decision making, including
decision making in political process at all levels will be ensured for the achievement of the goals
of empowerment. All measures will be taken to guarantee women equal access to and full
participation in decision making bodies at every level, including the legislative, executive,
judicial, corporate, statutory bodies, as also the advisory Commissions, Committees, Boards,
Trusts etc. Affirmative action such as reservations/quotas, including in higher legislative bodies,
will be considered whenever necessary on a time bound basis. Women–friendly personnel
policies will also be drawn up to encourage women to participate effectively in the
developmental process.

Mainstreaming a Gender Perspective in the Development Process

4.1 Policies, programmes and systems will be established to ensure mainstreaming of women’s
perspectives in all developmental processes, as catalysts, participants and recipients. Wherever
there are gaps in policies and programmes, women specific interventions would be undertaken to
bridge these. Coordinating and monitoring mechanisms will also be devised to assess from time
to time the progress of such mainstreaming mechanisms.

Women’s issues and concerns as a result will specially be addressed and reflected in all
concerned laws, sectoral policies, plans and programmes of action.

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5.6 Women leaders in politics

Facts and figures: Leadership and political

participation
Women in parliaments
 Only 24.3 per cent of all national parliamentarians were women as of
February 2019, a slow increase from 11.3 per cent in 1995.
 As of June 2019, 11 women are serving as Head of State and 12 are serving
as Head of Government .
 Rwanda has the highest number of women parliamentarians worldwide,
where, women have won 61.3 per cent of seats in the lower house .
 Globally, there are 27 States in which women account for less than 10 per
cent of parliamentarians in single or lower houses, as of February 2019, including
3 chambers with no women at all .

Across regions
 Wide variations remain in the average percentages of women
parliamentarians in each region. As of February 2019, these were (single, lower
and upper houses combined): Nordic countries, 42.5 per cent; Americas, 30.6 per
cent; Europe including Nordic countries, 28.6 per cent; Europe excluding Nordic
countries, 27.2 per cent; sub-Saharan Africa, 23.9 per cent; Asia, 19.8 per cent;
Arab States, 19 per cent; and the Pacific, 16.3 per cent. .

Other domains of government

 As of January 2019, only 20.7 per cent of government ministers were women;
the five most commonly held portfolios by women ministers are: Social Affairs;
followed by Family/Children/Youth/Elderly/Disabled; Environment/Natural
Resources/Energy; Employment/Labour/Vocational Training; and Trade/Industry .

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 In 103 countries and areas with relevant data, women's representation in
elected local deliberative bodies varied from less than 1 per cent to close to
parity, at 50 per cent, with a median of 26 per cent .
 Women’s representation in local governments can make a difference.
Research on panchayats (local councils) in India discovered that the number of
drinking water projects in areas with women-led councils was 62 per cent higher
than in those with men-led councils. In Norway, a direct causal relationship
between the presence of women in municipal councils and childcare coverage
was found .

Expanding participation
 As of February 2019, only 3 countries have 50 per cent or more women in
parliament in single or lower houses: Rwanda with 61.3 per cent, Cuba with 53.2
per cent and Bolivia with 53.1 per cent; but a greater number of countries have
reached 30 per cent or more . As of February 2019, 50 single or lower houses
were composed of 30 per cent or more women, including 22 countries in Europe,
12 in Sub-Saharan Africa, 12 in Latin America and the Caribbean, 2 in the Pacific
and 1 each in Asia and Arab States; more than half of these countries have
applied some form of quotas - either legislative candidate quotas or reserved
seats - opening space for women's political participation in national parliaments .
Gender balance in political participation and decision-making is the
internationally agreed target set in the Beijing Declaration and Platform for
Action .
 There is established and growing evidence that women's leadership in
political decision-making processes improves them . Women demonstrate
political leadership by working across party lines through parliamentary women's
caucuses - even in the most politically combative environments - and by
championing issues of gender equality, such as the elimination of gender-based
violence, parental leave and childcare, pensions, gender-equality laws and
electoral reform .
Reference Books:

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 1. Handbook of Gender and Women's Studies edited by Kathy Davis, Mary Evans, Judith Lorber
2. An Introduction to Women's Studies: Gender in a Transnational World:Inderpal Grewal, Caren
Kaplan, McGraw-Hill Education, 2006
3. Introduction to Women's and Gender Studies: An Interdisciplinary Approach, Melissa J.
Gillis, Andrew Jacobs, Oxford University Press, 15-Nov-2016

Suggested Reading:

1. Jayachandran, Seema (2014) “The Roots of Gender Inequality in Developing Countries”, NBER
Working Paper No. 20380. Issued in August 2014 http://www.nber.org/papers/w20380
2. Levtov et al “Pathways to Gender-equitable Men: Findings from the International Men and
Gender Equality Survey in Eight Countries” Men and Masculinities.
http://www.promundo.org.br/en/wp-content/uploads/2014/11/Levtov-et-al.pdf
3. Deininger, Klaus; Xia, Fang; Jin, Songqing; Nagarajan, HariK.. 2014. Inheritance law reform,
empowerment, and human capital accumulation: second-generation effects from India. Policy
Research Working Paper No. WPS 7086. Washington, DC: World Bank Group.
http://documents.worldbank.org/curated/en/2014/11/20346331/inheritance-law-
reformempowerment-human-capital-accumulation-second-generation-effects-india-inheritance-
lawreform-empowerment-human-capital-accumulation-second-generation-effects-india
4. Ghani, Ejaz, Mani, Anandi and O’Connell, Stephen D. “Can Political Empowerment Help
Economic Empowerment? Women Leaders and Female Labor Force Participation in India.”
World Bank Policy Research Working Paper 6675, Oct 2013.
http://wwwwds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2013/10/23/000158349_20
131023113553/ Rendered/PDF/WPS6675.pdf
5. Copenhagen Consensus Center. “Gender Equality Targets Benefits and Costs for the Post-2015
Development Agenda.”
http://www.copenhagenconsensus.com/sites/default/files/gender_equality_one_page.pdf
6. *Ellsberg et al 2014, Prevention of violence against women and girls: what does the evidence say
www.thelancet.com Published online November 21, 2014 http://dx.doi.org/10.1016/S0140-
6736(14)61703-7
7. *World Bank 2014, Gender@Work, available at
http://www.worldbank.org/content/dam/Worldbank/document/Gender/GenderAtWork_web.pdf

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