Women Rights in India

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights,
Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also
empowers the State to adopt measures of positive discrimination in favor of women.
Within the framework of a democratic polity, our laws, development policies, Plans and programs have aimed at
women’s advancement in different spheres. India has also ratified various international conventions and human
rights instruments committing to secure equal rights of women. Key among them is the ratification of the
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.
Constitutional Provisions for women in India
The Constitution of India not only grants equality to women but also empowers the State to adopt measures of
positive discrimination in favor of women for neutralizing the cumulative socio economic, education and political
disadvantages faced by them.
Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits
discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality
of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and
42 of the Constitution are of specific importance in this regard.
Constitutional Privileges for women in India
Article Constitutional Privileges for Women’s
14 Equality before law for women
15 (i) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place
of birth or any of them.
15 (3) The State to make any special provision in favor of women and children
16 Equality of opportunity for all citizens in matters relating to employment or appointment to any
office under the State.
39 (a) The State to direct its policy towards securing for men and women equally the right to an adequate
means of livelihood
39 (d) Equal pay for equal work for both men and women
39 (A) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.
42 The State to make provision for securing just and humane conditions of work and for maternity
relief
46 The State to promote with special care the educational and economic interests of the weaker
sections of the people and to protect them from social injustice and all forms of exploitation
47 The State to raise the level of nutrition and the standard of living of its people
51A(e) Constitution underscores the moral obligations of every citizen to renounce practices derogatory to
the dignity of women. This provision plays a critical role in fostering a culture of respect and dignity
towards women, urging citizens to eliminate practices that demean or discriminate against women.
51 (A)(e) To promote harmony and the spirit of common brotherhood amongst all the people of India and to
renounce practices derogatory to the dignity of women
243 Not less than one-third (including the number of seats reserved for women belonging to the
(D)(3) Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
 election in every Panchayat to be reserved for women and such seats to be allotted by rotation to
different constituencies in a Panchayat
243 Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each
(D)(4) level to be reserved for women
243 Not less than one-third (including the number of seats reserved for women belonging to the
(T)(3) Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality to be reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality
243 Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled
(T)(4) Tribes and women in such manner as the legislature of a State may by law provide.
Special Initiatives for Women in India
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 in 1992 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.
Some Legislation for Women in India
1. Protection of Human Rights Act, 1993: To provide for the constitution of NHRC for better protection of
human rights.
2. National Commission for Women Act, 1990: To provide for the constitution of NCW for the protection of
women’s rights.
3. Indecent Representation of Women (Prohibition) Act, 1989: Prohibits indecent representation of women
through advertisement or in publication, etc.
4. Maternity Benefit Act, 1861: Regulates the employment of women for certain periods before and after
childbirth and to provide maternity benefit.
5. Maternity Benefit Act (MBA), 1961 and Maternity Benefit (Amendment) Act, 2019:
Section 5: Provides all the maternity benefits available to a woman working in an organized sector and the amount
of leave available to her. Section 09: Provides for paid leave in case of miscarriage. Section 12: States that it is
unlawful to discharge/dismiss a woman absent from work due to her pregnancy in accordance with the Act.
6. Industrial Disputes Act, 1947: Provided for same wages and other facilities to women workers and provision
of creches, feeding intervals, etc. at the workplace.
7. Equal Remuneration Act (ERA), 1976: Section 4: States that the employer has to pay equal remuneration
to men and women workers for same work or work of a similar nature.
8. The Companies Act, 2013: As per the second Proviso to Section 149(1) read with Rule 3 of the Companies
(Appointment and Qualification of Directors) Rules, 2014, every listed company, every public company
having paid-up share capital of Rs. 100 crore or more, and every public company having a minimum turnover
of Rs. 300 crore or more, makes provision for at least one-woman director.
Policies and Report for Women in India
1. The Committee on the Status of Women in India, 1971: Undertook a comprehensive review of women’s
status in India in all spheres. ‘Towards Equality,’ its report made extensive recommendations to address
discrimination and marginalization of women. and gave useful guidelines for the formulation of social policies
and mechanisms to address gaps in equality for women. Committee looked into Constitutional, legal and
administrative provisions and their impact on women, especially rural women and also suggested measures
to enable women to play their role in building up the nation.
2. National Policy for the Empowerment of Women, 2001: The Department of Women & Child Development
in the Ministry of Human Resource Development has 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 goals of the policy are-
• Advancement, development and empowerment of women.
• Equal access to participation and decision making for women in social, political and economic life of the
nation.
• Mainstreaming gender perspective in the development process.
• Building and strengthening partnerships with civil society, particularly women’s organizations.
3. Draft National Policy for Women, 2016: Titled ‘Articulating a Vision for Empowerment of Women,’ the
policy states that, the empowerment of women can only be achieved when advancement in the conditions of
women is coupled with their ability to influence the direction of change through equal opportunities in all
spheres of life, including political life.
4. Report of the High-Level Committee on Status of Women, 2015: The Committee’s mandate was to
undertake a comprehensive study on the status of women since 1989, and to evolve appropriate policy
interventions based on a contemporary assessment of women’s economic, legal, political, educational, health
and socio-cultural needs. One of the key recommendations includes ensuring at least 50 per cent reservation
of seats for women in the local bodies, State Legislative Assemblies, Parliament, Ministerial levels and all
decision-making bodies of the government.
Some Important Judgement for Women
1. Charu Khurana V/s UOI (2015) 1 SCC 192: A female Petitioner was refused membership as a make-up
artist in the Cine Costume Make-up Artists and Hair Dressers Association, the rules of which allowed only
men to be make-up artists. The Court held that the Petitioner could not be denied membership, as
discrimination on grounds of gender was a clear violation of her right to equality and denial of “her capacity
to earn her livelihood which affects her individual dignity
2. The Secretary, Ministry of Defense v. Babita Puniya & Ors. MANU/SC/0194/2020: Women engaged on
Short Service Commissions in the Army seek parity with their male counterparts in obtaining PCs. SC,
allowed women a permanent commission in Army.
3. Kush Kalra vs Union of India & Anr. on 5 January 2018: Institutional discrimination by UOI against
women by not recruiting them into the Indian Territorial Army. Delhi High Court opened the doors of TA for
women.
4. State of Jammu and Kashmir and Ors. v. Susheela Sawhney and Ors. AIR 2003 J&K: The bench, in the
landmark judgement on 7 October 2002, held by a majority view that the daughter of a permanent resident
of Jammu and Kashmir will not lose her status as a permanent resident upon her marriage to a person from
outside the state.
5. MCD v. Female Workers Special Leave Petition (Civil) 12797 of 1998: SC held that the maternity benefit
is applicable to all casual workers and daily wage workers.