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    Women Rights in India - Final PDF

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    Prachi Narayan
    The document discusses women's rights and equality in India as protected by the constitution and various laws. It covers the right to equality and non-discrimination, political participation, education and employment, and marriage and family rights. Key points include constitutional provisions guaranteeing equal treatment before the law, prohibiting gender discrimination, and reserving seats for women in local governments. However, implementation remains a challenge, with low representation of women in politics, workforce gender gaps, and lack of support for balancing work and family responsibilities.

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    Women Rights in India - Final PDF

    Uploaded by

    Prachi Narayan
    42 views24 pages
    The document discusses women's rights and equality in India as protected by the constitution and various laws. It covers the right to equality and non-discrimination, political participation, education and employment, and marriage and family rights. Key points include constitutional provisions guaranteeing equal treatment before the law, prohibiting gender discrimination, and reserving seats for women in local governments. However, implementation remains a challenge, with low representation of women in politics, workforce gender gaps, and lack of support for balancing work and family responsibilities.

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    Women Rights in India_Final.pdf

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    The document discusses women's rights and equality in India as protected by the constitution and various laws. It covers the right to equality and non-discrimination, political participation, education and employment, and marriage and family rights. Key points include constitutional provisions guaranteeing equal treatment before the law, prohibiting gender discrimination, and reserving seats for women in local governments. However, implementation remains a challenge, with low representation of women in politics, workforce gender gaps, and lack of support for balancing work and family responsibilities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    42 views24 pages

    Women Rights in India - Final PDF

    Uploaded by

    Prachi Narayan
    The document discusses women's rights and equality in India as protected by the constitution and various laws. It covers the right to equality and non-discrimination, political participation, education and employment, and marriage and family rights. Key points include constitutional provisions guaranteeing equal treatment before the law, prohibiting gender discrimination, and reserving seats for women in local governments. However, implementation remains a challenge, with low representation of women in politics, workforce gender gaps, and lack of support for balancing work and family responsibilities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 24

    Women Rights

    in India
    Know Your Rights

    Equality and Non- Discrimination


    Political and Public Life
    Education and Employment
    Marriage, Family & Legal Rights

    Health and Reproductive Rights


    Equality & Non
    Discrimination
    Constitutional Provisions
    Article 14: Ensures equality before the law and equal protection of the laws by the State: The
    Constitution of India and legislations guarantee equality including making a provision for affirmative
    actions in favour of women; and especially prohibits discrimination against women, particularly in
    relation to State
    Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth: The
    state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)]. The
    state is empowered to make any special provision for women. (affirmative discrimination favouring
    women) [Article 15(3)].

    Article 16: Equality of Opportunity in matters of Public Employment: No citizen shall be discriminated
    against or be ineligible for any employment or office under the state on the ground of sex.

    Article 39: The state to secure for men and women equally the right to an adequate means of
    livelihood.The state to secure equal pay for equal work for both Indian men and women.
    Other Legislations
    National Commission for Women Act, 1990: To provide
    for the constitution of NCW for the protection of women’s Industrial Disputes Act, 1947: Provided for same
    rights. wages and other facilities to women workers and
    provision of creches, feeding intervals, etc. at the
    Indecent Representation of Women (Prohibition) Act, workplace.
    1989: Prohibits indecent representation of women through
    advertisement or in publication, etc. Equal Remuneration Act (ERA), 1976: States that the
    employer has to pay equal remuneration to men and
    Maternity Benefit Act, 1861: Regulates the employment women workers for same work or work of a similar
    of women for certain periods before and after childbirth nature.
    and provides maternity benefits.
    The Companies Act, 2013: As per the second Proviso
    Maternity Benefit Act (MBA), 1961 and Maternity to Section 149(1) read with Rule 3 of the Companies
    Benefit (Amendment) Act, 2019: (Appointment and Qualification of Directors) Rules,
    S. 5: Provides all the maternity benefits available to a 2014, every listed company, every public company
    woman working in an organised sector and the having paid-up share capital of Rs. 100 crore or more,
    amount of leave available to her. and every public company having a minimum turnover
    S. 9: Provides for paid leave in case of miscarriage. of Rs. 300 crore or more, makes provision for at least
    S. 12: States that it is unlawful to discharge/dismiss a one woman director.
    woman absent from work due to her pregnancy
    Implementational Gaps
    48.5% of the Indian population is women, but only 27.4% of women are
    in the workforce. Women hold only 14.39% of seats in Lok Sabha
    (2019-2024) and 8.8% of women in Rajya Sabha (2010). During 2011-
    15, female MLAs in the State Legislative Assemblies were 8.4% and
    female candidates were 7.3%.
    Fundamental Rights as enshrined in the Constitution are only
    enforceable against the State. A vacuum in law with regard to the
    prohibition of discrimination against women by any private person,
    organization or enterprise.
    the unavailability of adequate and quality crèches for children of
    working women discourages them from joining workplaces.

    Despite reservations for women as Independent Directors under the


    Companies Act, 2013, there are only a few women in leadership
    positions, especially at the board level and many positions are lying
    vacant
    Political &
    Public Life
    Constitutional Provisions
    Article 19: Guarantees to all citizens freedom of speech and expression; assemble peacefully; to form
    association; move freely; reside in any part of the country; to practice any profession.

    Article 40: State to take steps to organise village panchayats and endow them with such powers
    and authority to enable them to function as units of self-government

    Article 243D: Reservation of seats in Panchayats


    One-third of the total number of seats shall be reserved for women.
    The office of the Chairperson in the Panchayat at the village or any other level to be reserved
    for the SC, the ST and women.

    Article 243T : Reservation of seats in direct elections of every Municipality:


    One-third of the total number of seats shall be reserved for women.
    The office of the Chairperson in the Panchayat at the village or any other level to be reserved
    for the SC, the ST and women.
    Other Legislations
    The Representation of the People Act, 1951: The conduct of elections of the Houses of Parliament and
    to the House or Houses of the Legislature of each State for all persons, without any kind of
    discrimination.
    The Companies Act, 2013: Provision for Women Directors in Listed Companies and Public Companies.
    The Industrial Relations Code, 2020: Provides many safeguards for women including equal
    remuneration, maternity benefits and a workplace with the required facilities for women.
    Registration of Societies Act, 1860: Provides for registration of NGOs; treats women at par with men
    to be a member or office bearer of an NGO.
    Foreign Contribution (Regulation) Act, 2010: Enables women at par with men to raise funds from
    foreign sources for running NGOs working for the welfare of people including women’s empowerment
    and leadership.
    Implementational Gaps
    Poor representation of women in the upper echelons of law-
    making, i.e., parliament and state legislative assemblies.
    43% of women in politics found entry through their politically
    active families rather than their individual capabilities and
    efforts. Gender stereotyping within families and in public life,
    lower literacy rate, lower financial autonomy, lower social
    status, lower exposure to public life etc. pose immense
    challenges to women’s political participation.
    There are only 3 female Supreme Court Judges against the
    sanctioned strength of 34 (2021). No female Chief Justice of
    India has been appointed to date. There are only 80 women
    judges against sanctioned 1113 Judges in High Courts (7.2%)
    and only 17 designated female Senior Advocates against 703
    (2.4%) men in the Supreme Court
    Education &
    Employment
    Constitutional Provisions
    Article 21: Protection of life and personal liberty: No person is to be deprived of his life or personal
    liberty except according to procedure established by law.

    Article 39: Certain principles of policy to be followed by the State:


    the citizens, men and women equally, have the right to an adequate means of livelihood;
    equal pay for equal work for both men and women;
    the health and strength of workers, men and women, are not forced by economic necessity to
    enter avocations

    Article 42: The State shall make provisions for securing just and humane conditions of work and for
    maternity relief.
    Other Legislations
    Right of Children to Free and Compulsory Education Act (RTE), 2009: a) S. 3: Government to
    provide free and compulsory elementary education from the age group of 6-14 years to each child
    including textbooks, uniforms, stationery items and special educational material for children with
    disabilities in order to reduce the burden of school expenses as stated under Rule 4.12 b) S. 17: Prohibits
    all kinds of physical punishment and mental harassment.
    Equal Remuneration Act (ERA), 1976 : S. 4: Provides for equal pay for equal work
    Mahatma Gandhi National Rural Employment Guarantee Act (2005) (MGNREGA): This law is
    particularly important for women workers as it reserves at least one-third of workdays for women;
    creates opportunities for unskilled manual labour; mandates that work be provided locally, and stipulates
    the provision of on-site child care for children under 6 years of age.
    Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH),
    2013: The Act prohibits sexual harassment of women at the workplace and gives an inclusive list of
    circumstances that can be classified as sexual harassment at the workplace
    Implementational Gaps
    Over 90% of women are in the informal economy where
    regulatory frameworks are mostly absent as such POSH Act is
    poorly implemented, including setting up of Local Committees,
    etc
    The inadequate number of working women’s hostels disables
    women from joining workplaces.
    Family obligations including childcare responsibilities are
    exclusively discharged by the mothers, as the childcare leave
    is available only to women employees.
    It is a prevalent practice in private sector organisations to
    terminate pregnant women to avoid giving maternity benefits
    to them
    Marriage, Family &
    Legal Rights
    Constitutional Provisions
    Article 21: The right to marriage is an element of the right to life. Within the scope of the right to start
    a family, the right to marry is also specified in the Human Rights Charter. The right to marry is a
    universal right that applies to everyone, regardless of gender.
    Other Legislations
    Hindu Marriage Act, 1955
    Hindu Succession Act, 2005 Protection of Women from Domestic
    The Special Marriage Act, 1954 Violence Act (2005): Protecting women in
    Indian Divorce Act, 1869 India from all forms of domestic violence of
    Parsi Marriage and Divorce Act, 1936 any kind physical, sexual, mental, verbal or
    The Muslim Personal Law (Shariat) emotional.
    Application Act, 1937:
    The Dissolution of Muslim Marriages Act, Dowry Prohibition Act (1961) prohibits the
    1939: giving or taking of dowry at or before or any
    The Muslim Women (Protection of Rights on time after marriage from women.
    Marriage) Act, 2019:
    Hindu Minority and Guardianship Act, 1956 Indian Penal Code (1860) also contains
    The Hindu Adoption and Maintenance Act of provisions to protect women from dowry
    1956 (HAMA, 1956) death (S. 304B), rape (S. 375, 376),
    The Guardianship and Wards Act, 1890 kidnapping (S. 359 to 374), cruelty (S.
    Prohibition of Child Marriage Act, 2006 498A), decriminalization from adultery
    Other Legislations contd
    Right Not to Be Called at the Police Station
    for Interrogation: As per section 160 of CrPC, Right of Stridhan: Stridhan includes any
    women of any age cannot be called to the property which a woman receives during her
    police station. lifetime, including:
    all movable and immovable properties,
    Rights Against Being Watched: As per section gifts received before, at the time or after
    354C of IPC, a woman can file a complaint the marriage,
    against any man who watches or captures her gifts received during childbirth,
    images in situations where she believes no one and it also includes her personal earnings.
    is watching her.Section 66E of the Information As per section 14 of the Hindu Succession
    and Technology Act talks of cyber voyeurism. It Act, a Hindu woman is the absolute owner
    includes the electronic transmission of files of of Stridhan, and no one can claim any
    women engaging in private acts. share over it.

    Right Against Being Stalked: As per section


    354D of IPC, a woman has the right to file a
    complaint against any man who follows, contacts
    or attempts to contact her, whether physically
    or in the cyber world
    Implementational Gaps
    Uniform age of bride and bridegroom for marriage across
    various marriage-related legislations for the bride as well as
    for the bridegroom
    Implementation of Uniform Civil Code, an essential step
    Only father is the natural guardian as per Section 6 of The
    Hindu Minority and Guardianship Act, 1956
    Health &
    Reproductive Rights
    Constitutional Provisions
    Article 47: The state to raise the level of nutrition and the standard of living of its people and
    improve public health.
    A. 42: State to make provisions for securing just and humane conditions for work and for maternity
    relief
    Other Legislations
    Maternity Benefit Act, (MBA), 1961 and Maternity Benefit (Amendment) Act, 2017: the limit for
    mandatory paid leaves has been increased from 12 weeks to 26 weeks.
    Medical Termination of Pregnancy (Amendment) Act, 2021:
    Increases the time limit for accessing safe and legal abortion services from 20 to 24 weeks (of
    gestation) in certain circumstances.
    a girl who has not reached the age of 18 has the right to terminate an unwanted pregnancy legally
    with the consent of her guardians.
    National Food Security Act, 2013: It provides that all people at all times get access to basic food
    for their active and healthy life.
    The Mental Healthcare Act, 2017: protection and promotion of rights of persons with mental illness
    during the delivery
    Right Against Female Foeticide: misuse of a prenatal diagnostic technique to detect the gender of
    an unborn child.
    Implementational Gaps
    The health status of rural women especially the maternal
    mortality rate (MMR) which is poor
    Thank you!

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