NATIONAL ACADEMY FOR TRAINING AND RESEARCH IN SOCIAL SECURITY READING MATERIAL

Status of Women in India Objectives: At the end of this unit, the participants will be able to understand1. 2. 3. 4. 5. Status of Indian woman in history Status of Women in Independent India Status of women in the Constitution The status of women under the Law Status of women in Religion, Kinship and Family

Introduction Social structure can stimulate certain trends of change, but at the same time, it can also prove to be an impediment in their path. In India, there is diversity of culture, tradition, and norms, castes religion that influence situating gender in the society. Status of Indian Women in Ancient India Traditionally, India had seen a woman as a member of the family or a group and not as an individual with an identity or right of her own. The principle of equality of women and men has been basic to traditional Indian thinking and the Hindu religious philosophy. Historically Indian women are equal to men. The concept of woman as Shakti, the primal energy force, finds expression in the famous epic Mahabaratha. In this epic woman is glorified as a light of the house, mother of the universe and supporter of the earth and all its forests. The Mahabaratha further says that there is no guru like the mother. In earlier Vedic, age a woman held higher and honored situation in gender relationship. Manu in his Manusmriti, who was the first to codify the laws in India, also writes about this, Where women are verily honored, there the gods rejoice. Where, however, they are not honored, there all sacred rites prove useless. In addition, he further declared: In whatever house a woman is not duly honored, that house, with all that belongs to it shall utterly perish.

In another epic Ramayana, when Rama intended to perform the Ashwamedha Yajana in the absence of Sita, the religious norms advised Rama to keep a golden statue of his wife beside him during the ceremony. These epics through ages have become benchmark with which status of women is compared. While making comparison it is always said that as women participate equally along with men in the religious rituals so woman are equal to men. Another evidence of equality of women at par with men in gender relations was that a woman enjoyed freedom of movement and had the same rights and access to reading Vedas, getting education and having a say in the choice of her marriage partner. Thus, during the Vedic periods women actively played in the intellectual and social life of the country. During ancient Codification of Laws The honored status that women enjoyed in the family and society began to undergo radical changes, particularly since the pronouncement by Manu the Hindu law-giver, regarding a womans changing position through her life cycle: In childhood subject to her father, in youth to her husband and when her husband is dead to her sons, she should never enjoy independence. This subordinate position of a woman suited to the man also. In this way, the images of woman created by the Hindu lore thus became paradoxical and contradictory to the earlier vedic Mahabharata and Ramayana days. She became as an essentially weak and dependent creature needing the constant guardianship and protection of man. Marriage, Motherhood and service to the husband were the most valuable attributes of the woman. Later Vedic age denied to her reading Vedas and getting education. Women in medieval India With the coming of Muslim rule, medieval India witnessed enhanced dependency of women on men. The Islamic custom of Purdah (veiling of women) forced the public world to be separated from the private world, with women confined to the latter. Following its subjugation by the Muslims, and fearing adverse outcomes for its women, a large part of the Hindu India accepted the practice of veiling. Through this privatization, Indian women were forced to trade their mobility for safety. Repeated invasions by the Muslims further pushed the Indian women towards inhuman traditions such as child marriage, the dowry system, purdah and sati (the immolation of the widow on the dead husbands pyre). The challenge of Islamic aggression also made Hindu India defensive and introverted causing a desperate return to orthodox Hindu beliefs and practices and further constraining the status of

Indian women. Thus, during the medieval period, Indian women lost their earlier status and were at the lowest ebb. However, women like Razia Begum rose to become a ruler, Chand Bibi, Tara Bai and Ahaliya Bai Holker, left their great imprints for their ruling capabilities. In Bhopal also, Begums or princesses ruled. With the advent of Islam, once again, women like Jahanara, Begum Mumtaz and Noor Jahan enjoyed respectable positions in the country. These remarkable ladies though strict Muslims, publicly administered justice with their faces covered by veils or burkas. Women during Bhakti Movement During this period, Bhakti Movement also spread all over the country. Women like Mira Bai, Mukta Bai, Jana Bai and others contributed to the spiritual life of the country. Sikhism, which emerged during this period, also believed in the equality of women and men. Guru Nanak the founder of Sikhism says: Within a woman is a man conceived, from a woman he is born, he is married to a woman and with her goes through life. Why call her bad, she gives birth to kings. None may exist without a woman. Only the one, true God is exterior to woman. Women in British India British occupation of India began in 1772, and the British crown assumed charge of administering the colony from the British East India Company in 1858. Although, the common women faced male domination and atrocities during the medieval and English period but at the higher level a women could become a ruler or regent of her children at the death of her ruler husband, she had the right to get training in war tactics. This is evident from the fact that Maharani Laxmi Bai, participated in the First War of Independence in 1857. Reformist organizations such as Brahmo Samaj founded by Raja Ram Mohan Roy in 1828, the Arya Samaj set up by Dayanand Saraswati in 1875, and Ramakrishna Mission created by Vivekananda in 1897 and individual male reformers like Eshwarchandra Vidyasagar, Ramakrishna Paramahans, Keshab Chandra Sen, Maharishi Kare, Mahadev Ranade and Gopal Krishna Gokhale led the fight against womens oppression by condemning such practices as polygamy, early marriage, enforced widowhood and by advocating female literacy. The Britishers along with Indian reformers raised their voice to eliminate brutal practices against woman, which had placed them at the marginalized position in the society such as: female infanticide, child marriage, enforced widowhood and sati. Thus, in order to raise the status of

Indian women, the British rule led to number of socio religious reforms in the country. The Indian Woman in Freedom Struggle In 1887, the National Social Conference was formed specifically to lead the social reform campaign to further support one of its major objectives of womens emancipation. It created a separate entity known as the Indian Womens Conference. Gandhiji openly held that sacred texts and customs, which rationalize injustices to women or advocated female subservience, deserved neither respect nor compliance. He supported womens induction into public life while asking also that their domestic role be fully honored and valued. His tools of mass agitation politics served him well in getting women out of the private into the public sphere. Thus during the freedom struggle no distinction was made in the participation of either women or men. This gave equal status to gender. In recognizing their contribution the principle of Gender Equity and Equality was enshrined in the constitution of free India in 1950. Constitutional Status of Women The Constitution of India, which came into force on 26th January 1950, operates as the fundamental law in India. Giving recognition of womens participation in freedom struggle of the country, Indian Woman was integrated as a special concern in the Indian constitution. Therefore, improvement in the status of women was a pledge made by the constitution makers and admitted by the government from the very beginning as one of the major tasks facing the country. The Preamble of the Indian Constitution briefly crystallizes and solemnly declares among other things; Justice, social, economic and political and equality of status and of opportunity which by implication sought to equalize women. Article 14 ensures equality before law and Article 15 prohibits any discrimination. There is only one specific provision in Article 15(3), which empowers the state to make any special provision for women and children, even in violation of the fundamental obligation of nondiscrimination among citizens, inter alia of sex. Article 16(1)-guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. In addition, Article 16(2) forbids discrimination in respect of any employment of office under the state on the

grounds only of religion, race, caste, sex, descent, place of birth, residence or any one of them. Directive Principles, which concern women directly, have a special bearing on their status. These include: Article 39(a) right to an adequate means of livelihood for men and women equally Article 39(d) equal pay for equal work for both men and women Article 39(e) protection of the health and strength of workers men, women and children from abuse and entry into a vocations unsuited to their age and strength Article 42`just and humane conditions of work and maternity relief The Constitution of India lays that an Indian Woman will function as a citizen and as an individual partner in the task of nation building whatever her social position role or activities may be. While motherhood is an important function, the constitution implies that this is not the only role for women of India. There are so many other roles for the Indian Women as a partner in the nation building. Legal Status of Women Women in India enjoy complete equality with men in civil and legal matters, whether they relate to concluding contracts, administering property, practicing in the law courts, or administering justice. Article 15(1) of the constitution further elaborates the phrase "equality before law" under which lays down that the state "shall not discriminate against any citizen" on grounds of sex along with any other grounds. In other words, while all laws are to apply to members of two sexes equally, there is express prohibition of discrimination on the ground of sex. However, the provision of non-discrimination on this account does not prevent the State from making any special provision for women as has been laid down under Article 15 (3) of the Constitution. Woman also serves as Assessors, Receivers, and Jurors. Woman can be a witness and her testimony carries as much weight as that of a man. Law treats women and men equally in all law courts. Any woman or man can sue or be sued in her/ his name. In criminal matters, the legal capacity is determined by the age of the offender rather than by sex. A woman also has the right to choose where to live and whom to elect.

In order to ensure that legal safeguards actually reach women, National Commission for Women was setup in 1992 with the responsibility of overseeing the working of constitutional safeguards for women. However, in reality, womans social picture is very different. Socially accepted rights and expected roles and norms based on religion govern the life of women in India. Socio-Religious Status of Women India as we know, is a country of different races; therefore, we find several languages, different customs and traditions in this country. All these facts constitute one side of picture; the other side is more significant because of the existence of different religions. In order to identify, the exact nature of status of women in India we need to understand womans place in Socio-Religious context. Religion Each religion has different Personal Laws relating to women and each religious group has its own law of Dharma (conduct). Indian womens domestic and extra domestic spheres are largely derived from religious conceptions. Her virtues, her vices, her strength, her weaknesses, her nature, her capacities, so on are assumed on religious practices and norms. Religion, therefore, has a definite role to play in an individuals life such as birth, initiation, marriage and death. Religious personal laws govern family relations in India traditionally, in which these laws place men at higher stage. There are certain features common in all personal laws, including the reformed Hindu personal laws, which perpetuates inequality between women and men: 1. Under all the personal laws it is the man who is the head of the family in all circumstances (however, now mothers name can also be mentioned in schools admission form). 2. The line of succession is through the male line. 3. The woman, normally, has to live wherever the man decides after marriage. 4. The right to divorce is far more lenient with the man under Christian and Muslim laws but in interpreting the law Hindu women also face the same difficulties. 5. Women often do not get equal right to property. We thus observe that personal laws of each religion influence and determine the lives of women largely. All the religions states categorically that the main aim and objective

of a womans life is marriage and begetting progeny. Each religion has made rather rigid laws in respect of womens position, marriage, married life, widowhood, maintenance, divorce, remarriage, unchastely, guardianship minority, adoption and succession. These laws determine the status of those subscribing to the respective religion. As religion imparts legitimacy and is functional to sustain certain kinds of social structure, therefore it also provides ideological and moral bases for the accorded status and role of gender in the society. Religion thus also has social restrictions on gender roles. Another social setup that exerts pressure on status of women and men in India is Kinship, Marriage and Family, which are deep rooted in history, religion and culture. Kinship, Marriage and Family Kinship Women in matrilineal systems seem to fare better as members of kin groups and in interpersonal relationships. However, majority of Indian population follows the Patrilineal system of descent. In the Patrilineal kinship system, a son is the fathers natural apprentice, successor, and supporter of the parents in old age. Sons are supposed to build up family prestige and prosperity. Therefore, a father believes that he will continue to live in this world through his son. All this imparts a special value to the son to continue the family name. As per religious customs, a son is necessary for performing the prescribed rituals for his parents when they die. This right is not given to women till date. Although ritual considerations are less compelling among the lower castes, the relative importance of the son is general to entire Hindu society. A daughter on the other hand cannot effectively take the place of a son. As the loyalty of girl changes at marriage, therefore, a boy is the perpetuator of the Patriliny to continue the family name; by contrast, a girl is of no use in this respect. Girls contribution is considered in some other house as she is supposed to leave fathers house. A bird of passage, anothers property, a guest in parents house, a thing to be preserved for an outsider, or a thing which has to be given away is some of the common descriptions of a daughter. Marriage After marriage, a wife gains neither equal status with her husband nor she gains her individual status. Very few women start their married life independently in a simple household. In the first few years of married life, norms of a subordinate and

submissive role appropriate for a daughter-in-law govern her behavior. Usually place of a young wife of any Caste or region is at the lowest ebb in the family hierarchy and her behavior is watched very carefully. Family Besides her kinship status, her husbands social position and his contribution to the family economy influence a womans status in the family. Her husbands status becomes more relevant for the womans status. A rural woman explains this very well. Men in our families are like the sun, they have a light of their own, (they own resources, are mobile, have the freedom to take decisions). Women on the other hand are like satellites, without any light of their own. They shine, if and only if, when the suns light touches them. This is why women have to constantly compete with each other for a bigger share of sunlight, because without this light there is no life. In middle and upper classes, the amount of dowry a daughter-in-law has brought and the gifts that her parents send also contribute to her status in the family. In this situation, a very large section of our society continues to be under the influence of traditional standards. Her own efforts often do not bring her individual status. The parental family controls the womens rights of education, choice of employment and right of decisions and finally marriage- with which both the women and the power to exercise control over her are transferred to the husbands family. In cases, where there is an attempt on the part of women to deviate from clearly defined conduct, tensions arise often resulting in serious threats, including physical violence, to the women from their families.

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