UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

B.A.LL.B. (HONS.) CRIMINAL LAWS

SEMESTER II

ACADEMIC YEAR: 2017 SESSION: JANUARY - MAY

PROJECT

FOR

Legal Languagae and legal Writing

Under the Supervision of Ms. Sujta Bali

(TO BE FILLED BY THE STUDENT)

NAME : ANSHUL NATANI

SAP ID : 500055219
 ROLL NO. : R154216026

TOPIC: CASE STUDY- GENDER JUSTICE IN INDIA

INTRODUCTION
Gender is basically a socio-cultural term which contains in itself the socially ascribed roles,
attributes and behaviors given to a man and a woman in the society. Time and again we have
seen that Indian society has enslaved the mind of a woman, she has been discriminated from the
very inception of birth through female infanticide. Even before birth, female feticide and sex
selective abortion, battering during pregnancy, coerced pregnancy etc. are very common in a
country like India.After birth too, a woman throughout her life cycle faces discrimination and
violence. She faces emotional and physical abuse, differential access to food and medical care,
genital mutilation, sexual abuse by family members and outsiders, rape, sexual harassment at
workplace, trafficking, forced prostitution, dowry related violence and what not. Gender
inequality should be understood from that era when the Hindu sage, Manu said that a woman
should remain under eternal bondage. He said that a woman must be in the custody of her father
when she is a child, she must be under the custody of her husband when married and must be
under the custody of her son in old age or as a widow. Gender inequality means that when a
specific gender is regarded as a minority group and a set of complex images and conceptions are
attributed to such gender and is passed on from generation to generation through customs and
practices. It is worthwhile to mention here that the position of a woman in India has changed
from time to time. While, gender equality refers to the equality in numbers and in relative powers
of both the genders in a society and where they are given equal roles, status and importance. The
Indian society gives woman a dual character. 46Sometimes she is considered as a divine force,
religious texts and customs enforce such a role upon woman which signifies that a woman
should
not have her own purpose in life, she should be kept under the control of man and her whole life
and existence is for the sake of the man.
Thus, a woman is meant to be fertile, patient and benevolent. Now, let us throw some light on
the changing social position of woman from time to time:-
Vedic Period: The Vedic period was the era when women did enjoy a dominant place in the
society. Women enjoyed the Right to education and they studied in gurukuls. According to the
Rig Veda, it was stated that the home has its foundation in the women mass. 47Women like
ApalaAtreyi (daughter of Atri Rishi, herhymns occur in Rig Veda), ViswavaraAtreyi (composer
of Rig Veda) Gargi (the first woman philosopher of ancient India), Maitreye (an educated
woman the society. Manusmriti states that Woman respected where, Gods roam there.In
Upanishad,
wives were regarded as true companion of her husband. In the Vedic period, 48girls were
permitted to undergo thread ceremony (upanayana); there was absence of pardah system; there
was right to select life partners; there was the right to widow re-marriage. Also, women from
Kshatriya caste were given martial arts and arms training.
Post-Vedic Period: During this period, there was a degradation in the position of women. In this
period the concept of class and gotra developed. Manu in his writings talked about a patriarchal
society and said that the dominance of men should be increased. In this age a girl child was
regarded as a curse; they were denied access to education and pre-puberty marriages originated.
right to property existed through the concept of stridhan and the Brahmin girls were allowed to
receive education; training in military sciences etc.
Medieval Period: This period was considered as the dark-age for women where their position
considerably detoriated. In this period India was invaded by foreign conquerors which resulted
in the decline in the status of women. When the Muslims came to India, they brought with them
their own culture. In quoran it is stated that 49
has made some of them to excel others and because they spend out of their property; the good
women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on
whose part you fear desertion [committing a religious sin], admonish them, and leave them alone
in the sleeping-places and beat them; then if they obey you, do not seek a way against them;
then only to safeguard women from them, the pardah system evolved wherein women were
placed behind veils. The practice of Polygamy started and the 50invading soldiers picked up any
women they wanted. Girl child was considered as a curse during this period because she brings
with her various problems relating to women which were prevalent at that time. Social evils like
sati, child marriage, female infanticide etc increased at an alarming rate. 51In this period Devdasi
System also came up where girls were considered as servants of Gods. The Devdasi system
wasset up as a conspiracy between the priests and feudal class. Also, the system of dowry
became
prevelant and the custom of jauhar was noticed in the Hindu Rajput families. In the custom of
jauhar, the wives of the rajputs who went for a fight committed suicide when the clans became
sure enough that the rajputs are not going to die in the battle field.
British Period: During this period, the position of women changed considerably. At least, there
was an attempt to uplift the standard of women and treat them as equals with men.During the
British period, the economic, social and political structure of India underwent a change and an
attempt was made to eliminate the inequalities between men and women. Women were provided
with certain educational, employment, political and social rights. Various movements like the
Bhakti Movement, Social Reform Movement, Nationalist Movement, Tebhaga and Telengana
Movement came up during this period where women played a dominant role. The Christian
missionaries took up the interest of imparting female education. In 1882, the Hunter
Commissions emphasized on female education. The Indian National Conference which started
in 1885 stated certain disabilities relating to women like child marriage, polygamy, sale of girls,
inhuman torture upon widows, non-access to education etc.Raja Ram Mohan Roy played an
important played an important role in getting the sati system removed and raised voices against
child marriage. He also fought for the right of inheritance of women. 52Ishwar Chandra
Vidyasagar launched a movement for the right of widows to re-marry and also pleaded for
education of women. 53Maharaja S. Rao, ruler of Baroda State worked for prevention of child
marriages, polygamy and getting the rights of education to women and right of re-marriage of
widows. 54Swami Vivekananda, Annie Besant, Mahatma Gandhi etc took interest in the social
and political rights of women. 55Some women commissions like the bangamahilasamaj, the
ladies
theosophical society etc functioned at local levels to promote modern ideas for women. The
enacted laws pertaining to women during this period mainly concentrated on rights of women
such as marriage, property, employment etc. The prominent Acts were the Child Marriage
Act, the Employees State Insurance Act, Married Women
Property Extension Act, The Hindu Law of Inheritance (Amendment Act) etc.As mentioned
earlier, women were here in the forefront of Social Reform Movement. There was great agitation
against the system of sati which leads to its prevention in 1829 and enabled the remarriage of
widows in 1856. In 1883, kadambinibasu and chandramukhibasu completed B.A. from Calcutta
University and they werethe first female graduates in British India. During 1920-70 Indian
women focused on gaining equality by becoming active in politics and by forming different
associations. 56During this period, a few women emerged from within the reformed families
whoformed certain organizations. BrahmoSamaj was established in Eastern India, Arya Samaj in
Northern India and Theosophical Society in Southern India.One of the prominent ladies to do so
was Swarnakumaridevi (daughter of Devendranath Tagore) who formed the ladies society in
Calcutta in 1882. In the same year Ramabaisaraswati formed the aryamahilasamaj in Pune and
then the shardasadan in Bombay. The bharatmahilaparishad was inaugurated in 1905. Between
1917-
and reform of the personal laws. This initiated the formation o
child marriage, divorce, inheritance, employment of women in industries, uniform civil
legislation etc.57 In 1917 Anasuyasarabhai led the Ahmadabad textile workers strike and in 1920
the Ahmadabad textile mill workers union was established under her leadership.
Post-British Period: During this period, the immediate concerns of women were not
constitutional rights but political reality. India went through the phase of partition and thousands
of men and women fled from one country to another. Women in this era were a part of a new
State which evolved and the Framers of the Indian Constitution made it a point to ensure that
specific needs of women are met

. FRAMERS OF THE CONSTITUTION AND THEIR NOTION TOWARDS

GENDER JUSTICE

The Constitutional framers started their work much before independence when they first met in
the Constituent Assembly on 9thDecember, 1946. 58The Framers of the Constitution took almost
three years (2 years, 11 months, 17 days) to frame the Constitution. The cabinet mission
recommended that the members are to be chosen through indirect election by the members of
provincial legislative assembly and thereafter 292 members were elected; 93 members
provinces.Among the framers of the Constitution the prominent names were Dr Ambedkar,
Pandit Nehru, DrRajendra Prasad, Sardar Patel, Maulana Azad, Acharya Kriplani and
PanditGovind Pant. On Dec 13, 946, Pandit Nehru moved the objectives of the Constitution
throughwhich India evolved as sovereign, independent and republic state and the future
governance of the country was vested upon the Constitution.Another objective of the draft
constitution was that all the people of India should be guaranteed and secured with 59justice
(social, economic and political), equality of status and opportunity, equality before law, freedom
of thought, faith, worship, vocation, association, action, expression and belief. However, these
were subjected to Law and public morality. As mentioned above, Dr Ambedkar was one of the
prominent persons in the drafting committee of the Constitution. Not only that, he was the
chairman of the drafting committee. As a member of the legislative council, Dr Ambedkar raised
provisions relating to equality of women in the Indian Constitution. Even before drafting the
constitution, Dr Ambedkar through his works expressed his great concern towards the women
mass in India and advocated equality. He always measured the progress of a community in the
lights of the progress of women. Ambedkar through his paper 60 -Mechanism,
he drew an inference that caste was merely created by the Brahmins of ancient India. These
Brahmins enslaved the minds of women and found means of controlling and subjugating them.
Dr. Rajendra Prasad in his book 61
education should be given to girls, including those of backward classes and they should be
encouraged to earn a living both through skilled and unskilled labor. He also said that women
should be included in village council, education councils, local bodies and legislatures in the
country and they must be encouraged to fill up political posts. When the Constitution was being
drafted, Pandit Nehru talked about the liberty of thought, expression, belief, religion and worship
of all citizens of India. He said that women have the right to equality and equity. According to
him, the Indian customs and practices very intelligently allotted an inferior status to women and
in such a social condition; women were unable to realize their full potential. These eminent
personalities thus made an effort to ensure that the Rights of women under Indian Constitution
are at par with that of men and accordingly they framed the Constitution.62Several Acts were
passed to ensure equal Rights of women such as the Child Marriage Restraint Act, the Special
Marriage Act, the Hindu Succession Act, Dowry Prohibition Act, Equal Remmuneration Act,
(Protection Of Rights On Divorce) Act, National Commision for Women Act, Special Marriage
The framers of the constitution bestowed sufficient thought on the position of women in Indian
social order, which is quite evident from the provisions of the constitution. The Constitution of
India which is regarded as the supreme law of the land, gives special protection to womens such
as Article 15 guarantees the right against discrimination. The prejudice and bias against women
is rampant an issue to be countered by the right to equality, hence the right against
discrimination. Article 15(3) talks about the special protection for women. Article 16 provides
the right to equal opportunity in terms of public employment irrespective of the sex of the
person. This provision aids women to start participating in elections and the decision making
process. In this regard it is important to mention the 74th amendment, made for the reservation
for women in Panchayats. Article 19 guarantees freedom of speech and expression, to assemble
peaceably and without arms, to forms associations and unions, to move freely throughout the
territory of India, to reside and settle in any part of the territory of India; to practise any
profession, or to carry on any occupation, trade or business. This fosters the right to equality, by
providing the necessary freedoms needed to live in society. Without the right to equality, the
purpose of gender justice cannot be achieved. Article 39 talks about the certain principles of
policy that need to be followed by the state which are securing adequate means of livelihood
equally for men and women, equal pay for equal work among men and women, and the health
and strength of workers, men and women are not abused. Article 42 requires the state to make
provision for securing humane conditions of work and maternity relief.

In C.B. Muthamma v. Union of India [1979 AIR 1868; 1979 SCC (4) 260] the validity of the
Indian Foreign Service (Conduct an discipline) Rules of 1961 was challenged which provided
that a female employee to obtain a written permission of the Government in writing before her
marriage is solemnized and at any time after a marriage a women member of the service may be
required to resign from service. The Supreme Court held that such provision is discriminatory
against women and hence unconstitutional.

In Vishakha and others v. State of Rajasthan [1997 (6) SCC 241], the Supreme Court held that
sexual harassment of working women at her place of an employment amounts to violation of
rights of gender equality and right to life and liberty which is clear violation of Article 14, 15 and
21 of the Indian Constitution. The Court further observed that the meaning and content of the
fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to
encompass all the facts of gender equality including prevention of sexual harassment or abuse.

Gender Justice and Labour Law

Under the Industrial laws the women have been bestowed the special position in the view of their
unique characteristics, physically, mentally and biologically. Some of the Acts related to
employment were enacted during British period as well as after independence. These Acts not
only regulated the hours of work but also contained provisions of health, safety and welfare of
women workers and guarantees equality before law and equal treatment to women workers. Most
of these laws have been inspired by the Conventions and recommendations adopted by the
International labour Organization. The main objectives for passing these laws are to enable the
women to increase their efficiency, to increase their participation in useful services, to ensure
their infant welfare and to provide equal pay for equal work. The important labour legislations
covering the women are:

The Factories Act, 1948

The Factories Act is a part of labour welfare legislations wherein measures have been laid down
to be adopted for the health, safety, welfare, working hours, leave and employment of young
persons and women. Exclusive provisions for women have also been incorporated in the Act
keeping in view their soft and tender personalities.

Provisions for welfare of women:

Prohibition of employment of women during night hours
Prohibition of work in hazardous occupations.
Prohibition of employment of women in pressing cotton where a cotton opener is at work
Fixation of daily hours of work at nine.
Fixation of maximum permissible load.
Provision for crche

In every factory where more than 30 women workers are ordinarily employed, there shall be a
suitable room for the use of children under the age of six years of such women.
 Provision for washing and bathing facilities. The Act provides for separate and adequately
screened washing and bathing facilities for women.
Provisions for toilets. The factories Act must make it obligatory for any factory owner to
maintain an adequate number of latrine and urinals separate for women.
Provisions for rest rooms and canteens.
Provisions for mandatory benefits.

All the above provisions are simultaneously provided under The Plantations labour Act 1951,
The Mines Act 1952, The Beedi and Cigar workers (conditions of Employment) Act 1966, The
Contract Labour (Regulation and Abolition) Act 1970 and The Interstate Migrant Workmen
(Regulation of Employment and condition of services) Act 1979.

The Employees State Insurance Act, 1948

The Employees State Insurance Act, one of the most important social legislation in India, it has
been enacted to provide for various benefits in different contingencies. Under this Act, insured
women workers get sickness benefit, disablement benefit, medical benefit and funeral expenses
along with insured men workers. However, in addition to these benefits, insured women workers
also get maternity benefit in case of certain contingencies arising out of pregnancy, confinement,
miscarriage, sickness arising out of pregnancy, premature birth of child or miscarriage and death.
The duration of maternity benefit available to insured women in case of confinement is 12
weeks, of which not more than 6 weeks shall precede the expected date if confinement. The
maternity benefit is paid subject to the condition that the insured women do not work for
remuneration on the days in respect of which the benefit is paid, In the event of the death of an
insured woman, the maternity benefit is payable to her nominee or legal representative for the
whole period if the child survives, and if the child also dies, until the death of the child.

The Employees State Insurance Act, 1948 provides a scheme under which the employer and the
employee must contribute a certain percentage of the monthly wage to the Insurance Corporation
that runs dispensaries and hospitals in working class localities. It facilitates both outpatient and
in-patient care and freely dispenses medicines and covers hospitalization needs and costs. Leave
certificates for health reasons are forwarded to the employer who is obliged to honour them.
Employment injury, including occupational disease is compensated according to a schedule of
rates proportionate to the extent of injury and loss of earning capacity. Payment, unlike in the
Workmens Compensation Act, is monthly. Despite the existence of tripartite bodies to supervise
the running of the scheme, the entire project has fallen into disrepute due to corruption and
inefficiency. Workers in need of genuine medical attention rarely approach this facility though
they use it quite liberally to obtain medical leave. There are interesting cases where workers have
gone to court seeking exemption from the scheme in order to avail of better facilities available
through collective bargaining.

The Maternity Benefit Act, 1961

Economic dependence of women is what gives rise to their subordination in society today. Hence
to remove such subordination and lay the foundation of equality women too must be made
economically independent and must take an active role in all sectors of business today. Problem
faced by women in the economic sphere of life are mostly relating to unequal wages and
discrimination resulting from their biological role in nature of childbearing. To curb such
problems and protect the economic rights of women the legislature introduced the Equal
Remuneration Act, 1976 and Maternity Benefit Act, 1961.1

A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable
for, the payment of maternity benefit, which is the amount payable to her at the rate of average
daily wages for the period of her actual absence. The Maternity Benefit Act aims to regulate of
employment of women in certain establishment for certain periods before and after childbirth
and provides for maternity and certain benefits.

Women can claim benefits under the act everywhere except in factories and the other
establishment where the Employees State Insurance Act is applicable. Women who are
employed, whether directly or through a contractor, have actually worked in the establishment
for a period of at least 80 days during the 12 months are eligible to claim the benefits under this

http://gpsctaiyari.com/Books/aoxbulikuuobapli4nnwcx20Indian%20Women%E2%80%99s%20Movement.
pdf 57 Supra Note 12 58First Day in the Constituent Assembly, Indian Parliament, (1st Sept,2015, 12:05
p.m.),
http://parliamentofindia.nic.in/ls/debates/facts.htm
act. Cash benefits to women who are absent from work during the maternity leave, are not be
less than two-thirds of her previous earnings.

Discharge or dismissal during maternity leave is considered to be void. When pregnant women
absents herself from work in accordance with the provision of this act, it shall be unlawful for
her employer to discharge or dismiss her during, or on account of, such absence, or give notice of
discharge or dismissal in such a day that notice will expire during such absence or vary to her
disadvantage any of the conditions of her services. Dismissal or discharge of a pregnant woman
shall not disentitle her to the maternity benefit or medical bonus allowable under the act except if
it was on some other ground.

Failure to pay maternity benefits or discharge or unemployment of woman due to maternity will
result in imprisonment of the employer for not less than three months which may extend to one
year and a fine of rupees two hundred which may extend to five thousand.

In the B. Shah v. P.O.[ AIR 1978 SC 12; 1977 (4) SCC 334] case it was held that 100% wages
were to be provided for all days of leave as well as benefits such as Sundays and rest days as
wages were being for actual number of working days missed.

In Air India v. Nargesh Mirza [AIR 1981 SC 1829; 1981 (4) SCC 335], the Supreme Court
struck down the provision of rules which stipulated termination of service of an air hostess on
her first pregnancy as it arbitrary and abhorrent to the notions of a civilized society.

The ongoing argument in some circles is that the wage differential between women and men is
caused by the need to compensate the higher labour costs employers incur by hiring women, in
accordance with special laws to protect maternity. Employers prefer to hire a male instead of
female, without the burden of these additional monetary costs. This is however not enough as
many employers do not hire married women or dismiss them before pregnancy. The act provides
some protection to women economically especially today in an age where single mothers are
becoming more prevalent it gives them stability in their lives to have their wages and the security
2
of returning to a steady job. My personal views are that this act is not enough to guarantee
women equality and economic security but it is definitely a starting step and though there are
several bridges to cross.

The Equal Remuneration Act, 1976

Equal pay for equal work for women and men is a vital subject of great concern to society in
general and employees in particular. There was a common belief that women are physically
weak and should be paid less than their male counter parts for the same piece of work. Women
all over the world, had till recently been very much in articulate and were prepared to accept
lower wages even when they were employed on the same jobs as men. Even in the economically
and socially advanced countries where remarkable progress has been made, discrimination still
exists. In India, in the initial stages when legislation for the protection of workers was hardly
thought of, factory owners taking advantage of the backwardness and poverty, recruited women
on a large scale at lower wages and made them work under inhuman condition. International
Labour Organization has evolved several conventions to provide protection to employed women.
A number of ILO conventions have been ratified by India and some of these though not ratified
have been accepted in principle. The principle of ILO has been incorporated in the constitution
of India in the form of Article 39, which directs the states to secure equal pay for equal work for
both men and women. To give effect to this constitutional provision the parliament enacted the
Equal Remuneration Act, 1975.

In addition to the Maternity Benefit Act, almost all the major central labour laws are applicable
to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment
of equal remuneration to men and women workers for same or similar nature of work. Under this
law, no discrimination is permissible in recruitment and service conditions except where
employment of women is prohibited or restricted by the law. The situation regarding
enforcement of the provisions of this law is regularly monitored by the Central Ministry of
Labour and the Central Advisory Committee.

2
52Women in India - Wikipedia, the free encyclopedia(1st Sept, 2015, 11 p.m.),
https://en.wikipedia.org/wiki/Women_in_India. 53 Linda Heaphy, Life in India: The Practice of Sati or
Widow Burning (1st Sept, 12:11 p.m.),
http://www.kashgar.com.au/articles/life-in-india-the-practice-of-sati-or-widow-burning. 54Supra Note 6
55Narendra Prasad, Women and Development (1st Sept, 12:28 p.m.),
Judiciary has played an active role in enforcing and strengthening the constitutional goal of
equal pay for equal work. In respect of occupational hazards concerning the safety of women
at workplaces, in 1997 the Supreme Court of India in the case of Vishakha v. State of
Rajasthan[1997 (6) SCC 241] held that sexual harassment of working women amounts to
violation of rights of gender equality. As a logical consequence it also amounts to violation of
the right to practice any profession, occupation, and trade. The judgment also laid down the
definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for
creating awareness of the rights of women workers. Implementation of these guidelines has
already begun by employers by amending the rules under the Industrial Employment (Standing
Orders) Act, 1946.

There are various reasons why the employment of women has not been up to the mark, in a
developing country like India. Due to labour surplus the unemployment and underemployment
problems many men are available, hence the problem of participation of women, in economic
activity become serious. The economic reason involving additional cost is an impediment to
women employment. There is statutory obligation on the employer to pay maternity benefit and
it is considered as burden by the employer and affects the employment of women. Some
employers recruit only married women on condition to resign their post on getting married. This
has been discriminatory, unfair and unjust. Prohibition of night work of women also affects the
employment of women.

The Workmen Compensation Act, 1923

In any industrial society the problem of labour management relations becomes so important that
some sort of social insurance becomes necessary to provide adequate protection from losses
caused to the labourers by accidents. With a view to improve the condition of the workmen some
social insurance legislations have been enacted. The Workmens Compensation Act 1923 is one
of the earliest pieces of labour legislation, adopted to benefit the labourers. It covers all cases of
accident arising out of and in the course of employment and the rate of compensation to be paid
in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of
earning capacity. The younger the worker and the higher the wage, the greater is the
compensation subject to a limit. The amount of compensation payable depends in case of death
on the average monthly wages of the deceased workman and in case of an injured workman both
on the average monthly wages and the nature of disablement. The Act intended to ensure the
rehabilitation of the workman himself or of his dependent. The dependent can claim
compensation in both cases i.e. death or injury. This law applies to the unorganised sectors and
to those in the organised sectors who are not covered by the Employees State Insurance Act,
1948 which is conceptually considered to be superior to the Workmens Compensation Act.

The Minimum Wages Act, 1948

The minimum wages Act was passed for the welfare of labours. This Act has been enacted to
secure the welfare of the workers in a competitive market by providing for a minimum limit of
wages in certain employments. The Act provides for fixation by the central government of
minimum wages for employments detailed in the schedule of the Act and carried on by or under
the authority of the central government, by railway administrative or in relation to a mine,
oilfield or major port, or any corporation established by a central Act, and by the state
government for other employments covered by the schedule of the Act. The object of this Act is
to prevent exploitation of the workers and for this purpose it aims at fixation of minimum wages
3
which employer must pay.

The Act contemplates that minimum wages rates must ensure not only the mere physical need of
the worker which would keep him just above starvation but must ensure for him not only his
subsistence and that of his family but also preserve his efficiency as a worker. It would therefore,

3
59Supra
Note 14
60Dr B.R. Ambedkar, Dr. BR Ambedkar Castes in India Their Mechanism, Genesis,SCRIBD, (2nd
Sept,2015,
5:45 a.m), https://www.scribd.com/doc/209776841/Dr-B-R-Ambedkar-Castes-in-India-Their-Mechanism-
Genesis-and-Development-1916
RatneshKatulkar, Dr Ambedkar on woman liberation, (2nd sept,2015, 5:50 a.m.),
http://www.countercurrents.org/katulkar310808.htm.
61DrRajendra Prasad, DrRajendra Prasad: Correspondence and Select Documents : Presidency Period
(2nd
September,2015, 5:57a.m.),
https://books.google.co.in/books?id=lRKq0J6PiCEC&pg=PA530&lpg=PA530&dq=rajendra+prasad+on+w
ome
n&source=bl&ots=PgPo7J_VFe&sig=KwikEtDquONnO6p7H-
5ZvAQ9FLo&hl=en&sa=X&ved=0CDAQ6AEwBWoVChMItMTN7OrdxwIVDxmOCh0UDwKt#v=onepage
&q=rajendra%20prasad%20on%20women&f=false
provide not merely for the bare subsistence of his life but the preservation of the workers and so
must provide for some measure of education, medical requirements and amenities.

National Rural Employment Guarantee Act, 2005

Recently, the Government of India enacted National Rural Employment Guarantee Act whereby
anyone who is willing to provide manual unskilled labour will be offered wage employment for
100 days. This Act provides the enhancement of the livelihood security of the households in rural
areas of the country by providing at least one hundred days of guaranteed wage employment in
every financial year to every household whose adult members volunteer to do unskilled manual
work.

Priority is given to women in the allocation of work. Gender equality is one of the core elements
of this poverty reduction plan which stipulates that at least one third of the labour force should be
women with equal wages for both men and women. Various gender related objectives such as
provision of hygienic work environments, safe drinking water, and childcare facilities at the
work-site, distance of work-place not exceeding two miles from home, health care and nutrition
are emphasized.

Women engaged in agricultural farming have to spend long hours under the hot sun but are
invariably paid less than their male counterparts. Womens participation in the labour force with
no wage discrimination and direct control of resources and assets can substantially enhance her
health, child welfare and socioeconomic status. This employment policy if properly implemented
can certainly bring momentous changes in the lives of women.

The employment scheme undoubtedly has a positive impact on gender equity and power
equation within the household. An alternative model of development must focus on the
enhancement of living standards of rural India where majority of the population resides.

Empirical Evidence Related to Female Work Participation

According to 2001 census, the total number of women in the country is 494.82 million out of the
total population of 1, 025, 25 million. This means that women accounted for 48.26% of the total
population. Out of the total women in the country, the work participation rate was only 25.67%
while the work participation rate of men was 51.93% in the year 2001. However there is rise in
the percentage of women workers through the years.

According to another survey, in the year 2004, the total employed force in the public and private
sector was 49.34 lakh. Women working in organized sector constitute only 10 percent whereas
90 percent are in unorganized sector.

In 2003, the number of women in central govt. employment was 7.51 percent. The percentage of
educated women seeking employment has shown an upward trend from 68.7 percent of Indian
population. Census of India, 2001 defined work as an economically gainful activity, and as a
result of this, ninety percent of women are recorded as non-worker in the census report of Indian
states. Eighty percent women population in rural areas is physically active but being poor and
literate they face enormous problems in labour market.

Gender Justice and Employment

Sexual division of labour is highly prevalent in the society. But, there is nothing natural about
the sexual division of labour. The fact that men and women perform different kinds of work both
within the family and outside has little to do with biology. Only the actual process of pregnancy
is biological, all the other work within the home that women must do-cooking, cleaning, looking
after children and so on, can equally be done by men. Unfortunately this work is considered to be
womens work. This sexual division of labour is not limited to the home; it extends even to the
public arena of paid work. Certain kinds of work are considered to be womens work, and
other kinds, mens, but more important is the fact that whatever work that women do, gets lower
wages and is less valued. For example, nursing and teaching, particularly at lower levels, are
predominantly female professions and are also comparatively ill-paid in relation to other white
collar jobs which the middle classes taken up.

Employment of women in the unorganized sector has still not ensured them support services like
child care, health care, equal remuneration and most of all promotional avenues. Women pre-
dominate the lower hierarchies of employment and rarely move up to managerial and decision
making positions. These are areas of concern.
4

Even for women employed in the organized sector, child care service is very conspicuous by its
absence. Very scanty service is available in some urban areas. The reproductive role of women
and the frequency of child bearing push them out of the labour market in a substantial part of
their productive period. This hampers their economic contribution very significantly. The
increasing awareness of family planning will be a measure of empowerment for women,
releasing them for activities of their choice for a longer period of their lives.

In India, women comprise about one third of the working force. The number of women workers
employed in the unorganized sector is higher in rural areas than in urban areas, majority of them
in the agriculture sector. In urban areas women are engaged in a variety of occupations such as
vegetables sellers, flowers sellers, ironing, construction workers, domestic maids etc. Since most
of the activities in the unorganized sector generally require less skill and education, and are of a
traditional nature, a significant proportion of women workers in India are in this sector. In urban
areas, over 80 per cent are working in the unorganized informal economy where earnings are
extremely low, hours of work long, no paid leave, no medical insurance or pension or any other
social security benefits.

Working in the informal economy often becomes hazardous for undernourished women workers.
Working as home based workers in household industries, domestic workers, petty trades,
services, construction sector, etc. women contribute significantly to the national economic
growth as also to family welfare. Yet, their contribution is not adequately recognized; neither
their gender specific problems adequately addressed. They remain largely unorganized, unheard,
underpaid and under-represented.

Although today every panchayat has a significant number of women, yet it is true that many of
them are timid, mere alibis for their husbands or brothers, the fact that their presence is required
in a panchayat and they possess the power to decide on village concerns, have enabled the more

4
M. BAKSHI, THE CONSTITUTION OF INDIA, Pg-31, (Universal Law Publication, New Delhi, India, 11th
Edition, 2011).
articulate women actually to participate in the democratic process. It is possible that womens
sense of themselves, their roles and functions may undergo a gradual transformation in the near
future. The complexity, challenges, violence and extra requirements had convinced the women
that they can never come up under the existing process of nominations and they needed some
compulsion like quota and reservation.

Case laws
In Mrs. Neera Mathur vs. Life Insurance Corporation of India[1992 AIR 392: 1992 SCC (1)
286]. Neera Mathur was a probationer in the Life Insurance Corporation (LIC). During probation
she applied and was granted maternity leave. She was simply discharged from service after she
returned. Her discharge was defended by the LIC on the ground that she had given false
declaration at the stage of entering the service. The court held that the particulars to be furnished
under columns (iii) to (viii) in the declaration are indeed embarrassing if not humiliating. These
columns were held unreasonable and discharge was set aside.

In Punjab National Bank by Chairman and another v. Astamija Dash [2008 III LLJ 58 (SC)], it
was held that as per provision of the maternity benefit Act, 1961 a woman can avail leave during
the period of six weeks from the day immediately following the day of her delivery, miscarriage
or medical termination of pregnancy. If request is made by herself she would not be asked to
work for the period specified as per section 4(4). She would be entitled to the benefits of section
6 and 9 of the Act.

In Ashok Kumar v. State of Rajasthan [AIR 1990 SC 2134], the Supreme Court criticised the
Session Court for ignoring the evidence, merely because it was given by a lady doctor in a case
where victim was woman. The court said; we consider it necessary to record that the judge was
uncharitable in discarding the testimony of Dr. Patrisia and doubting her truthfulness principally
because she was a women.'

In Air India V Nargesh Mirza [AIR 1981 SC 1829; 1981 (4) SCC 335], the first Air Hostess
case, apart from other questions, the legality of regulation 46(c) was challenged. This regulation
provided superannuation of an Air Hostess at the age of 35 years or on marriage if it takes place
within four years of service or on first pregnancy, whichever is earlier. The court declared the
provision for retirement on first pregnancy to be unreasonable and said, 'Whether the woman
after bearing children would continue in service or would find it difficult to look after the
children is her personal matter and a problem which affects the Air Hostess concerned and the
Corporation has nothing to do with the same.'

In State of Rajasthan v. Ram Prasad and Another [(2001) I LLJ 177(SC)], the workman died
due to natural lightning while working at the site. It was held by the Supreme Court that in order
that a workman may succeed in his claim for compensation it is no doubt true that the accident
must have casual connection with the employment and arise out of it but if the workman is
injured as a result of natural force of lightning though it in itself has no connection with
employment of deceased Smt. Gita, the employer can still be held liable if the claimant shows
that the employment exposed the deceased to such injury. In the present case the deceased was
working on the site and would not have been exposed to such hazard of lightning had she not
been working so. Therefore the appellant was held liable to pay compensation.

In M/s Mackinnon Mackenzie and Co. Ltd. vs. Audrey D'costa and other[1987 AIR 1281; 1987
SCC (2) 469]. The Supreme Court applied the Equal Remuneration Act to grant same salary to
the lady stenographers. The plea of the employer that only women are appointed as confidential
5
stenographers and are in different class was negated. The court held, 'If only women are
working as Confidential Stenographers it is because the management wants them there. Women
are neither specially qualified to be Confidential Stenographer nor disqualified on account of sex
to do the work assigned to the male Stenographers. Even if there is a practice in the
establishment to appoint women as Confidential Stenographer such practice cannot be relied on
to deny them equal remuneration due to them under the Act.'

In Tirath Kaur v. Kirpal Singh [1964 Punj 28], at the instances of the husband the wife took up
training and succeeded in obtaining a diploma in tailoring. Thereafter she got a job at a place
which was at some distance from the husbands house. The parties cohabited, sometimes the

5
Sept,2015, 2:45 p.m.),
http://ramachandraguha.in/archives/towards-a-gender-sensitive-civil-code-2.html.
husband went to the wifes place and lived with her and sometimes the wife went to husbands
place and lived with him. In this manner parties continued to cohabit for some time. Then it
seems that differences arose between them on some matter and the husband asked the wife to
resign her job and join him at his house. On wifes refusal to do so, the husband filed the petition
for restitution. The Court held that the refusal by a spouse to give up his/her job and live with the
other does amount to withdrawal from the society of the other.

INDIAN CONSTITUTION AND GENDER JUSTICE

The Preamble of the Constitution clearly states that equality should be given to all citizens in
terms of status and opportunity. It must be understood that guarantying Rights to people of a
community becomes useless unless and until those Rights are equally enjoyed by all members of
the community. The framers of the constitution aimed at ensuring equality of status and
opportunity through the Preamble. Equality is the touchstone of Indian Constitution. The
Preamble of the Constitution inter alia talks about social, political and economic justice for all
citizens of the country. The Preamble talks about social justice which should be understood in
the light of ensuring abolition of all sorts of inequalities which may result from inequality in
wealth, status, class, caste, sex, race, title etc. Economic justice ensures that every person should
get his just dues for the labour given by him/her irrespective of caste, creed, sex, status etc.
Political justice ensures that unnecessary distinction among men and women in political matters
should not be allowed. The provision contains in itself the essence of universal adult suffrage.
The Preamble talks about dignity of an individual and that dignity should be ensured by
gauranting equal fundamental rights to all individuals. Dignified lives contain in itself the
essence
of equality and freedom. All the fundamental rights contained in part-III of the constitution are
applicable to all citizens of India irrespective of sex. Art-14 specifically states that within the
territory of India, the state shall not deny to any person equality of law or equal protection of
law. Then, Articlethe
ground of religion, race, caste, sex, place of birth or any one of them. 63The provision further
whereby any person is subjected to any disability, liability, restriction or condition and hence the
throwing open of public places. Thus, 64Article-15(1) prohibits gender discrimination. However,
certain fundamental rights contain specific provisions to protect the rights of women. It is
worthwhile to mention here that the principle of Equality does not connote that the same law
should be applied to everyone; rather it talks about equality of treatment under equal
circumstances. Thus, Art-15(3) positively discriminates in favour of women and permits the state
to make special provisions for them. Art-15(3) should be understood in the
constitution very well understood that women in the then Indian society did not have equal
political, economic and social status as that of men. They felt an urge to uplift women and bring
them under the same sun. Thus, Art-15(3) validates positive discrimination and it is in no way
contradictory to Art-15(1). 65Art-16 talk about equality of opportunity in case of public
employment. Equal employment opportunity means equal access to jobs and conditions of work.
It also contains in itself the essence of equal evaluation of performance. It must be noted here
that Art-16 talks about employment or appointment to any office under State only. Matters
relating to employment mean all matters prior or subsequent to the employments which are
connected with the employment. 66Art-23 specifically prohibits traffic in human beings. On the
basis of this Article, legislature passed the Suppression of Immoral Traffic Act, 1956 (now
renamed as Immoral Traffic Prevention Act, 1956) which aims at abolishing prostitution and
other forms of trafficking. Along with this, the Andhra Pradesh legislature has enacted the
Devdasis (Prohibition of Dedication) Act, 1988 to prohibit the practices of dedicating women to
deities and temples. The Directive Principles of State policy contained in Part-IV of the
Constitution incorporate many directives to the state to improve the status of women and for
their
protection. 67Art-39(a) directs the State to secure its policy so that the citizens (both men and
women) have equal rights to adequate means of livelihood. 68Art-39(d) directs the State to
secure
equal pay for equal work for both men and women. The State gave effect to this provision by
enacting the Equal Remuneration Act,1976. Art-39(e) specifically directs the State not to abuse
the health and strength of workers (both men and women). 69Art-42 directs the State to make
provisions for securing just and humane conditions of work and for maternity relief. For this
purpose the Maternity Benefit Act has been enacted. 70Article-44 directs the State to secure the
citizens of India with a uniform civil code throughout the territory of India. Dr Ambedkar was in
favor of reformation of personal laws and establishment of Uniform Civil Code. The first woman
chief justice Leila Seth said that a common civil code would ensure that the harmful customary
practices which are degrading to the dignity of woman can be broken down with an uniform civil
code. There was an existing controversy that a uniform civil code shall take away the religious
rights of individuals. To this, justice Leila Seth correctly replied that uniform civil code will not
take away the religious rights of people.71 It will only ensure that a woman has her equal
property
rights, her right to adopt, her from against arbitrary divorce, her right to inheritance and her right
against the practice of polygamy by her husband even if her father or husband gets converted to
another religion.Through the 73rd and 74th amendment of Indian Constitution, reservations of
seats were provided to women in elections to the Panchayat and municipalities. 72Art-243D of
the Constitution provides that in the direct election in every panchayat not less than 1/3rd of total
number of seats are to be reserved for women. Article-243T(3) provides for reservation of seats
for woman in direct elections to every municipality. Art-51A(e) inter alia states that it is the duty
of every citizen of India to renounce from practices which are derogatory to the dignity of
women

JUDICIAL TRENDS AND PRACTICAL REALITY

Fundamental Rights and women: As mentioned earlier, the Constitution of India guarantees all
such rights to women which are given to men. Women thus enjoy the Right to Equality, the
Rightto freedom, the Right against exploitation, the Right to freedom of religion, Cultural and
Educational Rights and the Right to Constitutional remedies. Now, let us throw some light on the
attitudes of judiciary on women and whether the judiciary has been successful in making dejure
equality into de facto equality.
It was rightly decided in the landmark case of Nargesh Meerza vs Air India73 that a woman
shall not be denied employment merely on the ground that she is a woman. This leads to
violation of Article-14 of the Constitution. In the present case, an air-hostess of Air India
challenged the service rules of Air India where air hostesses were barred from getting married
within a period of 4 years from the date of their joining. The rule further stated that the
airhostesses
shall lose their jobs if they become pregnant and also that they will retire at the age
of 35 years (exception can be made only if managing director extends the term by 10 years at
his own discretion). The Apex Court that that even though the first provision is reasonable, the
second and third provisions are cruel, arbitrary and unconstitutional.
In the case of C.B Muthamma vs Union of India74, a writ petition was filed before the Apex
Court which challenged Rule-8(2) of the Indian Foreign Service (Conduct and Discipline)
Rules,1961. In this rule it was stated that an unmarried woman member before getting married
must take the permission of the Government and even after marriage she might be asked to
resign the office any time if it is found that her family life is affecting her work efficiency. The
Apex Court in this case declared the rules relating to seniority and promotion in Indian Foreign
Service to be unconstitutional and violative of Article-15 of the Indian Constitution. Along
with this, the court held thatthe rules contain essence of masculinity in them, as if an attempt
has been made to dominate the weaker sex.
In the case of C.Rajakumari vsCommisioner75 of Police, Hyderabad a question was raised
before the Andhra Pradesh High Court pertaining to the fact whether the beauty contests which-
15 of theConstitution. The court held that if any beauty contthe body in such a way that it is
indecent and is injurious to public morality then such beautycontest would be violative of the
provisions of Indecent Representation of Women(Prohibition)Act,1986 and also unconstitutional
as it violates Articles-14,21 and 51A.
In the case of Vishal Jeetvs Union of India76 the petitioner filed a writ petition by way of public
interest litigation and seeked certain directions from the court. He wanted the court to look into
issues of red light areas and forced prostitution. He also wanted the court to look into the system
of devdasi and yogins which are famous systems of dedication of young girls to deities and a
way of prostitution. Considering all the aspects of matter before it, the Supreme Court issued
certain directions. The court observed that on the strength of Article 23(1) of the Constitution
the legislature has passed the Immoral Traffic (Prevention) Act,1956 and it gave certain
directives to the State Govts and Union territories to take steps to eradicate child prostitution
and set up adequate rehabilitative homes.
In the case of Suchita Srivastava and another vs Chandigarh administration77,
to make reproductive choice is a part of personal liberty conferred under Article-21 and that
may include procreation as well as abstaining from procreation. The court further stated that a
woman has the right to refuse to participate in sexual activity.6

6
Yusuf Abdul Aziz vs The State Of Bombay, 1954 AIR 321, 1954 SCR 930 95Leela vs State Of Kerala,
2004 (102) FLR 207, 2004 (2) KLT 220, (2004) IIILLJ 106 Ker
In the case of P.B. Vijaykumar and another vsGovt of Andhra Pradesh78, the petitioner
challenged Rule-22A(2) of Andhra Pradesh State And Subordinate Service Rules as violativeof
Articles-14 and 16(4) of the Indian Constitution. Sub Rule 2 of rulematter
of direct recruitment to posts for which women and men are equally suited, other things
being equal, preference shall be given to women and they shall be selected to an extent of at
argued that the State cannot make any reservation in favour of women in relation to
appointments or posts under the State because this would lead to discrimination on the ground
of sex in public employment or appointment to posts under the State and would be violate Art-
16(2). The court here held that while dealing with employment under the State both articles-15
and 16 has to be kept in mind. The court also stated that the power conferred by Article-15(3)
is wide enough to cover the entire range of state activity including employment under state.
The court clearly stated that Rule-22A(2) provides for preference being given to women to the
extent of 30% of the posts, other things being equal and thus it is not reservation for women in
the normal sense of the term. The court held that this rule is within the ambit of Art-15(3) and
hence constitutional.
GENDER JUSTICE IN THE INDIAN CONSTITUTION

After Independence, the architects of the Indian Constitution wanted to introduce reforms and
were keen to establish an egalitarian society. To achieve this end they used law as an instrument
to check gender discrimination, and unfavorable social environment.

While drafting the Constitution, they were sensitive to the problems faced by society in general.
The Preamble, which highlights the essence of the entire Constitution, clarifies that Equality is
one of the objectives of the Indian Constitution:-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
 citizens:
JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Preamble reflects the ideals and aims of the people. The Preamble starts by saying that we,
the people of India, give to ourselves this Constitution. The source of the Constitution is thus
traced to the people of India, irrespective of gender, caste, community, religion or sex. The
Preamble contains the goal of equality of status and opportunity to all Indian citizens. This
particular goal has been incorporated to give equal rights to all genders in terms of status as well
as opportunity. The Constitution of India has done a magnificent job in laying down the
framework which ensures gender justice in the supreme law of the country. It contains various
provisions, which provide for equal rights and opportunities for all genders. The principle of
gender equality is enshrined in the Indian Constitution in its Fundamental Rights, Fundamental
Duties and Directive Principles.

1. FUNDAMENTAL RIGHTS (PART III)

Part III of the Constitution consisting of Articles 12-35 is the heart of the Constitution. The
architects of the Constitution were conscious of the unequal treatment and discrimination meted
out to the fairer sex from time immemorial and therefore included certain general as well as
specific provisions for the upliftment of the status of women.

Article 14 - Equality before Law.

The State shall not deny to any person equality before the law or the equal Protection of the laws
within the territory of India.

Article 15 - Prohibition of discrimination on grounds of religion, race, cast, sex, or place of

birth.

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them,
be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women
and children

Article 15(1) prohibits gender discrimination and Article 15(3) lifts that rigour and permits the
State to positively discriminate in favor of women to make special provisions to ameliorate their
social condition and provide political, economic and social justice.
Article 16 - Equality of opportunity in matters of public employment.

(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the state.

(2) No citizens shall, on grounds only of religion, race, cast, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the state.

The Constitution, therefore, provides equal opportunities for women implicitly as they are
applicable to all persons irrespective of sex.

Article 21 - Protection of life and personal liberty.

No person shall be deprive of his life or personal liberty except according to procedure
established by law

Article 23 - Prohibition of traffic in human beings and forced labour.

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.
2. DIRECTIVE PRINCIPLES OF STATE POLICY (PART IV)

Article 38 requires the State to secure a social order in which justice- social, economic and
political for the promotion of welfare of the people. It requires the state to strive to eliminate
inequalities in status, facilities and opportunities. Clearly the intention of the architects of the
Constitution was to ensure that equality would not only be of opportunity but in reality.

Article 39 puts down the principles of policy to be followed by the state which include that the
state should direct its policy towards securing the right to an adequate, means of livelihood , that
there is equal pay for equal work, that the health and strength of workers- men and women , are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength.

Article 42 requires the state to make provisions for securing just and humane conditions of work
and for maternity relief

Article 46 requires the state to promote with special care the education and economic interest of
the weaker sections of the citizen. Clearly then the objective is to strive towards a gender just
society.
3. FUNDAMENTAL DUTIES (PART IV-A)

In part IV-A of the constitution incorporated through 42nd Amendment Act, 1976, our natural
obligation to renounce practices derogatory to the dignity of women has been elevated to the
status of fundamental duty by article 51-A.

The Equal emuneration Act, 1976, the Maternity Benefit Act, 1961, the Dowry prohibition Act,
1961 and the Immoral Traffic (Prevention) Act, 1956 are some of the enactments which owe
their existance to the above mentioned provisions of the Indian Constitution.

4. LEGAL PROVISIONS THROUGH LEGISLATION

To uphold the Constitutional mandate, the States have enacted various legislative measures
intended to ensure equal rights, to counter social discrimination and various forms of violence
and atrocities. Numerous amendments have also been carried out to keep pace with the emerging
requirements.

The acts are as follow:-

1. The Plantation Labour Act, 1951

2. The Family Courts Act, 1954
3. The Special Marriage Act, 1954
4. The Hindu Marriage Act, 1955
5. The Hindu Succession Act, 1956 with amendment in 2005
6. Immoral Traffic (Prevention) Act, 1956
7. The Maternity Benefit Act, 1961 (Amended in 1995)
8. Dowry Prohibition Act, 1961
9. The Medical Termination of Pregnancy Act, 1971
10. The Contract Labour (Regulation and Abolition) Act, 1976
11. The Equal Remuneration Act, 1976
12. The Criminal Law (Amendment) Act, 1983
13. The Factories (Amendment) Act, 1986

14. Indecent Representation of Women (Prohibition) Act, 1986

15. Commission of Sati (Prevention) Act, 1987
16. The Protection of Women from Domestic Violence Act, 2005
17. The Prohibition of Child Marriage Act, 2006, etc.

Protection of Property Rights and Equal Treatment in Employment

Economic empowerment is a necessary fulcrum of empowerment. They have laid

emphasis on said conception and interpreted the provisions to elevate the status of
women and to empower them.

In Yeshaswinee Merchant, the Court had held that the twin Articles 15 and 16 prohibit
a discriminatory treatment but not preferential or special treatment of women, which
is a positive measure in their favour. The Constitution does not prohibit the employer
to consider sex while making the employment decisions where this is done pursuant to
a properly or legally chartered affirmative action plan.

Reservation of seats for women in election to local bodies

The Parliament has succeeded in its efforts to provide for reservation of seats for
women in elections to the Panchayat and the Municipalities.Reservation of seats for
women in Panchayats and Municipalities have been provided in Article 243D and
243T of the Constitution of India. Parts IX and IXA have been added to the
Constitution by the 73rd and 74th Amendment Acts.
 SPECIAL INITIATIVES FOR WOMEN

1. National Commission for Women: In January 1992, the Government set-up this statutory
body with a specific mandate to study and monitor all matters relating to the constitutional and
legal safeguards provided for women, review the existing legislation to suggest amendments
wherever necessary, etc.

2. Reservation for Women in Local Self -Government: The 73rd Constitutional Amendment
Acts passed in1992 by Parliament ensure one-third of the total seats for women in all elected
offices in local bodies whether in rural areas or urban areas.

3. The National Plan of Action for the Girl Child (1991-2000): The plan of Action is to ensure
survival, protection and development of the girl child with the ultimate objective of building up a
better future for the girl child.

4. National Policy for the Empowerment of Women, 2001: The Department of Women &
Child Development in the Ministry of Human Resource Development had prepared a National
Policy for the Empowerment of Women in the year 2001. The goal of this policy is to bring
about the advancement, development and empowerment of women.
THE THIRD GENDER

According to one estimate, India has about two million transgender people. These people live on
the fringes of society, often in poverty, ostracized because of their gender identity. They weren't
always sidelined. Members of the transgender community have played a prominent role in Indian
culture and were once treated with great respect. They find mention in the ancient Hindu
scriptures and were written about in the greatest epics Ramayana and Mahabharata. They played
an important role in medieval India as well, in the royal courts of the Mughal emperors.

Although no Central legislation in India has openly recognised the third gender, gender-
sensitivity within the Indian bureaucracy has taken a small step, with eunuchs being given the
option to enter their sex as 'E' instead of either 'M' or 'F' in passport application forms in 2005.
Later in 2009, India's Election Commission gave those recognising themselves as transsexuals
an independent identity by letting them choose their gender as "other" on ballot forms, and by
allowing them to contest the Lok Sabha Elections- in 2014. Four transgender candidates
contested the elections, two of them from major seats- Varanasi and Amethi.

It was in April, 2014 that a landmark judgment by the Supreme Court of India created the "third
gender" status for hijras or transgender. Earlier, they were forced to write male or female against
their gender which denied them the right of equality before the law and equal protection of law
guaranteed under Article 14 and violated the rights guaranteed to them under Article 21 of the
India Constitution. The Supreme Court ordered the government to give them educational and
employment reservation as OBCs, but little has been done towards fulfilling that.
CONCLUSION
It is evident from the above discussion that the Constitution of India contains various provisions
relating to equality between men and women and there are certain cases where women have
been given special importance. Along with that certain legal provisions for women have been
enacted viz: the Factories Act, Maternity Benefit Act, Dowry Prohibition Act, Equal
Remuneration Act, Child Marriage Restrain act, Medical Termination of Pregnancy Act,
National Commission for Women Act, Protection of woman from domestic violence Act,
Protection of women against sexual harassment at workplace etc. However, till date that
are violated now and then. Sex violence and gender based violence are
increasing at an alarming rate. The Verma Committee Report of Jan 23rd, 2013, gave a detailed
over view of the crimes relating to women and suggested certain reforms. I personally believe
that the increase in women-related violence is the direct result of the fact that differences
between men and women are more highlighted lately and women are provided with certain
temporary privileges. Equality should be brought back to a place where both men and women
can embrace it and it needs to be re-claimed in a way that is inclusive of men. When violence
against women is highlighted through media, violence against men should also be brought into
account. It must be remembered that when women are expected to stay at home, protect the
family and be good mothers; men are expected to go out and be bread-earners. If women are
oppressed by the social idea of beauty, men are oppressed by the social idea of success. I
believe that the present idea of equality is less dynamic in its approach and it must be re-claimed
in a way to which even men can relate. Then only equality in the true sense of the term would
be possible.