Tag: Women rights

Rights that Indian women should be aware of:

  Regarding rights in the modern era, every Indian woman needs to be aware of a few legal rights. There are plenty of laws protecting women in India. For the protection and advancement of women, our constitution grants them exclusive rights.

Indian women rights history:

During the early Vedic era, women and men were treated equally in all aspects of their lives. Women may have received an education during the early Vedic era, according to the writings of ancient Indian grammarians like Patanjali and Katyayana. In a practise known as swayamvar or a live-in relationship known as Gandharva marriage, Rigvedic verses imply that women married at an advanced age and were likely free to choose their own husbands.

The modern laws to look in today’s world are:

Right to maintenance

As long as she doesn’t remarry, a married woman is entitled to get maintenance from her ex-husband, which includes the necessities of life like food, clothing, shelter, and access to healthcare. Except when the wife is living in adultery or refuses to live with her husband without a good reason, Section 125 of the Code of Criminal Procedure, 1973, requires the husband to support his divorced wife.

Right to equal pay

Our laws are now gender-neutral. Equal remuneration for equal work is due to both men and women. The same is provided for by the Equal Remuneration Act. It guarantees equal pay for equal work for both male and female employees. There won’t be any gender discrimination in the context of hiring practises or working conditions.

Right to dignity and decency

Women’s rights include decency and dignity. Anyone who tries to harm her modestly is regarded as a sinner, and the law very good mandates punishment for such behaviour. Each and every woman has the right to live in dignity, free from intimidation, compulsion, violence, and prejudice. The criminal code outlines the penalties for offences against women such as sexual harassment (Section 354), assault with the intent to strip her naked or violate her sense of modesty (Section 354), voyeurism (Section 354), stalking (354D), etc.

Rights at workplace

You have a right to have a female restroom where you work. At places, with more than 30 female workers, providing facilities for care and feeding of children is mandatory. Further, the Supreme Court and the Govt. had put in to ensure the safety of women at workplaces. The Hon’ble Supreme Court in Vaisakha v. State of Rajasthan, had laid down exclusive guidelines for protection of women from Sexual Harassment at workplace, following which, the Govt. in 2013, has enacted an exclusive legislation- The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013 for that end. So, if any person at your workplace, asks you for sexual favours, or makes sexually coloured remarks and whistles looking at you or sings obscene songs looking at you, touches you inappropriately, or shows pornography, then all that will constitute Sexual Harassment and you may complain to the Internal complaints committee which is required to be constituted by the employer at each office or branch with 10 or more employees. The District Officer is also required to constitute a Local Complaints Committee at each district, and if required at the block level. Apart from this, IPC also, penalizes Sexual Harassment under 354A by providing an imprisonment of 1-3 years.

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Right of private defence/ self-defence

It is a right of defence. When defending your body or the body of another person from the attacker, you run the risk of causing serious harm, severe harm, or even death. However, you can only kill the attacker without drawing liability or punishment if certain conditions are met. For example, if you believe the attacker is about to rape, kill, or kidnap you, lock you in a room, or throw or attempt to throw acid at you, you can kill that person and the law will protect you.

Indicators of Women’s Status in India


There are different forms of violence on women, which act as threats to women’s independent identity and
dignity. Forms of violence are:
1) Female foeticide & infanticide- According to a survey by British medical journal, Lancet, nearly 10
million female abortions have taken place in India in the last 20 years, which is rampant amongst the
educated Indian middle class as well.
There are organizations like Swanchetan, which are working towards educating & bringing awareness in
people against the ghastly act.

Women at a rally in support of the Equal Rights Amendment in Detroit’s Kennedy Square, June 30, 1981.


2) Rape, sexual harassment & abuse- It acts as a deterrent to women’s freedom & perpetuates the notion
that women are the weaker sex. Every 2 hours, a rape occurs somewhere in India!
The recent Dec. 16 Delhi Gang rape case, shook the entire country and led to protests all across the
country, setting up of Justice Verma panel & helped in the fast track judgment of the case. However
rampant cases of rape of Dalit women, acid attacks, eve teasing go unnoticed.
3) Domestic violence and dowry deaths- Violence on women in the family were considered family
problems and were never acknowledged as “crimes against women” until recently. It is prevalent in all
classes of society.
4) Prostitution- A large number of women destitute or victims of rape who are disowned by family fall prey
to prostitution forcibly. There are no governmental programs to alleviate the problem of prostitution.
5) Objectification of women- Indecent Representation of Women(Prohibition) Act, 1986 prohibits indecent
representation of women through advertisements or in publications, writings, paintings etc. However a
whole lot of indecent representation of women is done through literature, media, paintings etc
upholding the “right to freedom of expression”.

As per World economic forum survey, India’s Global Gender Gap Index 2011 ranking is 113 out of 134 countries
with neighbors like Bangladesh at 69 & China at 60.
1) Sex Ratio –Sex ratio is used to describe the number of females per 1000 of males. As per census 2011
sex ratio for India is 940 females per 1000 of males, i.e. females form a meager 47% of the total
population. The State of Haryana has the lowest sex ratio in India and the figure shows a number of 877
of females to that of 1000 males while Kerala has the highest of 1084 females per 1000 males
2) Health – Studies on hospital admissions and records have shown that males get more medical care
compared to girls. 2% of the female population is absolute anaemic. 12% of the female population of the
country suffers from repeated pregnancy (80% of their productive life is spent in pregnancy) & lack of
nutrition.

3) Literacy – The female literacy levels according to the Literacy Rate 2011 census are 65.46% where the
male literacy rate is over 80%. While Kerala has the highest female literacy rate of 100% , Bihar is at the
lowest with only 46.40%
4) Employment – Of the total female population 21.9% are a part of Indian workforce.
Majority of women are employed in the rural areas and in agriculture. Amongst rural women workers
87% are employed in agriculture as laborers, cultivators, self employed like hawkers etc i.e in the
unorganized sector which almost always remains invisible.
Despite the equal remuneration Act 1976, women are paid lower wages, occupy lower skilled jobs, have
less access to skill training and promotion.
5) Political status – Though India had a women Prime Minister Late Ms Indira Gandhi, women are not fairly
represented in the Parliament & other State & Local bodies. With only around 9 per cent women in
upper house and around 11 per cent in the lower house of parliament, India ranks 99th in the world in
terms of female representation among MPs.
However 73rd & 74th amendments to the constitution have ensured the participation of women in
PRIs with a reservation of 1/3rd for women. Today more than 30 million women are actively participating
in the political decision making process at the grass root.

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“Without economic freedom other aspects of women equality would not be realized”
-Jawaharlal Nehru
Women’s work participation rate in general has been declining over the decades. The decline has occurred due
to several factors:
1) Absence of comprehensive and rational policy for women’s emancipation through education, training
and access to resources such as land, credit and technology etc.
2) The perception of male as the breadwinner of the family despite the fact that in low income households
women’s income is crucial for sustenance. This perception adversely affects women’s education &
training. Employers also visualize women workers as supplementary workers & also cash in on this
perception to achieve their capitalistic motives by keeping the wage low for women.
3) Structural changes in the economy e.g decline in traditional rural industries or industrialization.
4) Lack of assets (land, house) in their own name in order to have access to credit and self employment
opportunities
5) Huge demand

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of time and energy of women for various tasks at home like child bearing and rearing etc
in addition to participation in labour force leave them with little time for education, training and self
development
6) Division of labour based on the gender between men and women & technological advancements work
against women. They are the last to be hired and first to be sacked.
7) Govt. programs to increase employment and productivity are focused more on men & women are seen
as beneficiaries rather than active participants