CHAPTER-1

INTRODUCTION

The Constitution of India does not contain socialistic principle in the abstract sense. It is
mentioned under the Directive Principle of State Policy. The word “socialist” was not
incorporated initially in Constitution of India. It was included through an amendment to
the Constitution. The reason for not inserting it directly was that, socialistic has a wider
meaning and could be referred in a different sense and the country was not able to fulfill
all the social need at once. The two hundred year of colonial rule had financially
bankrupted the Indian state and its people. The idea of socialism came into being during
the Independence and it was Pandit Jawaharlal Nehru who made it the agenda of the
Congress as well.

The social economic justice mentioned in the Preamble to the Constitution of India has
been translated by the founding fathers of the Constitution in various provision of
partIII and IV of the Constitution1. It is without a doubt that fundamental rights occupy
a very important part in the constitution but for a common man, DPSP comes first as
excellence comes only after existence.

The whole concept of social economic justice is envisaged in part IV under DPSP. It
can be called the most dynamic principal and a revolutionary concept. The principal of
part IV can also be termed as social economic rights of the citizens. After the French
revolution of 1789, it was realized that the political freedom would be impaired without
the protection of social economic rights of the people.

1
"KesavanandaBharati Vs State Of Kerala And Ors (Page 3) — KesavanandaBharati Vs State Of Kerala
And Ors — Supreme Court Judgments & Case Laws In India". Legalservicesindia.com. N. p., 2017.Web.
14 Jan. 2017.

1|Page
The principal formulated included free and compulsory education to children, a public
health care system and higher education system, economic and social right to women,
as well as scheduled caste, scheduled tribes, and other backward classes and religious
minority along with adequate means of livelihood for all citizens linked to
industrialization and agrarian reforms, equal pay for equal work for men and women
proper working condition, protection against exploitation, reduction of the
concentration of wealth means of production and economic inequality .

The Supreme Court has played a greater role in upholding the social agenda. Although
by and large, it cannot give direction to the government as it is the responsibility of the
legislative to uphold socialist theory and bring it into force. India has borrowed the
concept of directive principle From Ireland. The directive principle under the Irish
constitution and non-cognizable, but that under the Indian Constitution is cognizable but
not enforceable. 2The Directive Principles play a very constructive agenda and holding
the social agenda. Whenever a country gets independence or formulates its own
constitution, It talks about the development of all.

But women in specific always had to face more hardship to attained such socio-
economic development, for them initially as it is a common fact that there was an
identity crisis, it was only after this was overcome social economic issues came into
picture and the government tried to overcome such lacunae in the society by bringing in
new laws, schemes and the court through their judgement upheld the importance of Part
IV of the constitution. In order to improve the social economic structure, it was
important for the legislative to come up with legislation to uplift the social economic
standard of those living in the country, especially women. The Constitution of India was
drafted to uphold and paraphrase the struggle was not mere freedom but also attaining
the goal of "human freedom in all majesty" 3 . This means evolving and protecting
political and social order and create a material condition that citizen enjoy. Men are
born free and equal in respect of rights.

2
Anand, Shivam. "Directive Principle Of State Policy". Academia.edu. N. p., 2017.Web. (14 Jan. 2017)
3
The Report of the Labour Commission on Labor Proposes Consolidation of Labor Laws (June 2002)

2|Page
The purpose of the civil association is the preservation of natural and imperceptible
rights. The sanctity of human life is fundamental to human social values. In order to
uplift the social condition, the condition of women had to be improved. The first
improvement that the government thought of incorporating was the right to education. It
was necessary to educate these women who were capable but socially and economically
backward to afford the cost of education. The Constitution of India, under article 41 and
21A talks about providing education but nowhere talks about success in education. The
state can ensure facility for education. The State in its capacity has introduced a number
of schemes for development of education in the areas where people are economically
incapable to pay for such education in order to ensure effective development of the
schemes the process of execution is carried through NGO's. Another reason behind
using such means for execution is to give autonomy and the freedom to take a quick
decision in essential matters. The state has made schemes and the apex court from time
to time has given decisions to encourage and facilitate a proper environment for the
education of girls. Education is a tool that helps a person, develop not only in his mind
but also in his behavior and thoughts.

There are provisions related to work and education mentioned under chapter IV of the
Constitution of India. The state has taken some measures for its application but due
recognition has not been given to part IV with respect to socio- economic rights of
women. There is little work in this area. The researcher aims to add to the field of
academics a different perspective in the context of work and education in the light of
Directive Principles of State Policy at a different level and add to the value of chapter
IV in the legal fraternity and increase its ambit. It will also help the legislature in
framing new laws, the executive in the implementation of those laws which are made
especially for protection of women and the judiciary interpreting laws and deciding a
case.

A woman in order to get complete Independence and empowerment should also be

economically independent.The right to work is the most precious Liberty a person can

3|Page
possess as it enables a person to live and the right to life is a precious freedom 4. It is not
enough to just acknowledge that right to work but a safe environment should also be
provided in order to facilitate the work. Security of work should be an assured to
women so that they may contribute to the maximization of production. The security
provided should be both physical and psychological. The constitution has also provided
that there should be equal pay and the remuneration should not be differentiated on the
basis of gender. Women should also be allowed maternity leave and other benefit
related to it. A country like India is in need of women empowerment as the condition of
women is not at par with men

In the light of DPSP the researcher shall make an attempt to link education and the
work and critically analyze it and to see that how far the state has been able to achieve
social-economic justice for women and also analyzed the review and opinion on the acts
and schemes formulated by the government for the benefit of women in the light of
directive principle provided under Part IV, In the light of these provisions various
legislations have been passed by the parliament but many of these registration have yet
to be implemented in its true sense to give female of the Countries their legitimate right
. The paper also intense to examine the approach of Judiciary towards implementation
of the policy of social economic welfare with regards to the women

4
MadhuKishwar v. State of Bihar, Air 1996 SC 1864

4|Page
 OBJECTIVE OF RESEARCH

The objective of the paper is to look into acts and schemes developed by the
government with respect to work and education of women. Also to critically analyze
both in the light of the directive principle of State Policy and that of the underlying
principle and examining the efforts taken for the upliftment of women in the above-
mentioned areas and see how far it has been beneficial and lastly to analyze digital
decision and see the use of part IV by judiciary in deciding the cases relating to work
and education of women .

5|Page
 RESEARCH QUESTION

The questions which have been taken in the consideration are:

 Whether the directive principle plays an important role in the development of
woman in the welfare state?
 What is the outcome of legislation made specifically related to work and
education in the light of directive principle on the development of the social
economic condition of women?
 How far has the state been able to achieve social-economic justice for women
and critical analysis of the same?
 What is the approach of the Supreme court towards DPSP in deciding cases
related to work and education of women?

6|Page
 HYPOTHESIS

In the present scenario of developing world in the development of women is equally

important, especially in sphere of work education .the directive principle of State
Policy provide provisions related to work and education but they are not giving their
due importance. Women issues are generally resolved on the basis of article 14 and 21
of the Indian Constitution but this study will help the state, legislature, Judiciary and
executive to consider directive principle of State Policy while making, enforcing or
interpreting any legislation.

7|Page
 RESEARCH METHODOLOGY

The researcher has used the Doctrinal method which is also known as the armchair
method. The primary source of the data collection is the Indian statutes and the
secondary sources include books, article and reports.
The researcher will go through the primary and secondary sources and would critically
apprised the current situation both in context of written laws and present situation and
would attempt to point out the drawbacks in the same, if any and the suggest a solution

8|Page
CHAPTERISATION

The paper is divided into 5 chapters.

Chapter 1 is the introductory chapter which talks about the directive principle as given
in the Constitution of India.

Chapter 2 deals with the various employment rights of women in the country and what
all issue that they face.

Chapter 3 deals with the Education rights of women in India.

Chapter 4 compromises the critical analysis of the situation as present in the country

Chapter 5 is the conclusion and the suggestions

9|Page
 CHAPTER -2

EMPLOYMENT RIGHTS OF WOMEN IN INDIA

The following chapter talks about the employment rights of the women in India, what
are the laws which are governing the same it also talk about what is the current scheme
and plans to make it easier for the women to join the work force.

Hunger, illness and disadvantage accompany every society5.In a developing country the
problem of unemployment exists but apart from this problem exist a bigger issue which
needs to be dealt strictly and that is the issue of exploitation. In a developing country
poverty is a very important factor to be dealt with and especially in a country like India
which has the second highest population in the world. In the shadow of poverty and
population women and their need to be independent is generally neglected. Empowering
and liberating women in order to make them independent would help in enhancing their
capabilities. Women can be trained in different sectors and made economically
independent in order to support themselves and their family. It is not that women have
not been the part of labor force in India even in the colonial era women was involved in
work but at lower level. Even in the industries involvement of women was lower. When
the British left India they left the industrial sector in a rudimentary6 stage with verylittle
scope for scientific experiments and huge socio-economic backwardness. After
Independence the newly formed Republic of India thrived to uplift the socio-economic
condition of the people of the country and specially that of women. To make women
eligible for all kinds of work rather, dignified work, it was important to bring change in
the social policies of the country. The system of un-touchability had to be removed. The
government pursued a socialistoriented policy which ranged from urbanization and
industrialization to development of agriculture. The country started on the base set up
by the British. In order to generate employment in the scientific and technical sector and
encourage participation of women in these sectors, educating women was very
important. But in the era of poverty and under developed economy teaching girls was a

5
Katharine G. Young. Constituting Social and Economic rights 7 (Oxford University Press, New York
2012)
6
M. Klaveren and N R Martin. “An Overview of Work and Employment of women in India". Available at:
http://www.ituc-csi.org/IMG/pdf/country_reposrt_No13-India_EN.pdf (last visited on March 12. 2017)

10 | P a g e
distant dream. The families who were not socially and economically backward were
capable of sending women for education but the major problem lied in the rural India,
which was poverty struck, followed a very rigid caste system and was orthodox in its
thinking. The lower strata of the society which was fighting for two meals a day and
dealing with outbreak of diseases like tuberculosis, chicken pox could not even think
of getting a better job and education. For them existence came before excellence. 7

The section of society was also hit by the evil of discrimination. The condition of
women was degraded and they were constantly fighting the battle for survival. These
women in the absence of proper facilities for education and work in the newly born
India mainly joined and formed a major pan of the lower level work force. The
government in force mine up with laws to encourage employment of women in order to
bring women enforcement. But the major risk was exploitation of women in the field or
labor and work. They were given less salary than men. undue advantage of their
innocence and ignorance was being taken. The industries which employed women
lacked basic infrastructural facility like separate washrooms for female workers.

In this chapter the researcher intends to discuss the labor laws related to women,
maternity benefits given to them and the concept of equal work and equal pay. This
chapter on work has a nexus with the chapter on education where primary and
secondary education has been discussed, thus labor and work related to primary and
secondary education shall be discussed in this chapter. Apart from the schemes and
statues the researcher also intends to discuss the cooperatives like AMUL formed for
giving employment to women and also those enterprises which are in the form of
cottage industries or small scale industries.

In the early stages of industrialization, that during the period of British Raj or the
colonial era.The working class of Indian society, were highly discriminated and lacked
self-determination. They lacked status in the society and were exploited chiefly

ParamjitS.Jaswal, Directive Principles Jurisprudence 307(APH Publishing Corporation,

7

New Delhi, 1996)

11 | P a g e
because of illiteracy and disunity. The new independent Republic of India lacked
employment opportunities in the field of employment and there was a huge mass left
unemployed and willing to do the job at any possible wage. The concept of adequate
money for the work or minimum wage concept was out of question. It was due to this
reason that the workmen had no power of bargain. The workmen worked in unhealthy
conditions which led to outbreak of various diseases. With the constant influx of labor
from rural areas to urbanism in search of employment in factories the problem became
more acute.8 The world war was in fashion and this led to high rise in the demand of
consumer goods. The production also enhanced and the demand for labor rose. This led
to thedemand for a more organized sector of workmen. Gradually the demand for better
wages and better working condition arose. This is when the government also thought of
enacting laws to curb the growing menace of exploitation in this field. The Factories
Act was enacted to provide safety, health and welfare to the employees. The Workmen
Compensation Act was brought into force to give them financial benefit. Trade Unions
came into being.

After independence serious efforts were made from protecting the working class form
exploitation. A spate of legislation ensued. The constitution ensured social, economic
and political justice. When the three lists were made under schedule VII. labor was
placed under the concurrent list. It meant two things, first that laws regarding labor
could be made both by the union and the state and second that any law if made by the
state was found to be repugnant of the central law then in that case the central was to be
given more importance. The executive power of the state with respect to labor laws was
restricted to ensure compliance with laws made by the Parliament.

2.1 FUNDAMENTAL RIGHTS AND LABOUR RIGHTS OF WOMEN

The Constitution of India under Article 14 9,provided that no person shall be denied
equality before law and equal protection of law. The article provides that in matters of

8
‘ S.L Agarwal, Labor Relation Law in India 55 [South Asia Books. New Delhi. 1980)
9
The Constitution of India, art. 14: The State shall not deny to any person equality before the law or the
equal protection of the Laws within the territory of India Prohibition of discrimination on grounds of
religion,race,caste. sex or place of birth.

12 | P a g e
employment or appointment, under the state a person shall not be denied equality of
opportunity. When the country got independence the condition of women was at a very
fragile state as pro-independence they were one of the classes exploited badly by the
British. They were the most suppressed, violated, exploited and troubled. The purpose
of Article 14 could not have been solved on its Own when looked from the angle of
achieving women‘s development. Article 15(3)10, generally referred as the exception to
article l4 acted as the requisite supplement. If read together it implied that the state was
bound to give equal protection of law to women along with men and in case that did not
suffice that is to say that by bringing equality if women were not able to use their right
then the state had the power to make special provisions to women for women in order to
provide them with their well-deserved legitimate right in order to bring in the practical
aspect of women empowerment. A provision like this was very necessary as to fight for
one's right one first needs to know the right. The condition of women was even worse
and they were socially, educationally and economically backward. They were
dependent on the paternalistic society to fulfill their needs of food, clothes and shelter.
Article 15(3) talks about protective discrimination. Article 15(3) is also supported by
the United Nation guidelines. The United nation always promotes and talks about
equality of sexes in respect of the basic human rights but still it does not consider the
protective measure in favor of women as discriminatory against others. Article 10.3 of
the Declaration of Elimination against Women, 1967 says, “...Measures taken to protect
women in certain types of work for reason inherent in their physical nature shall not be
regarded as discriminatory".11 The State under the ambit of 15(3) can make provisions
to improve women‘s participation all sorts of activities under the supervision of the
state.12The state can do so either by taking some affirmative action or by reservation.
The Court with regards to Article 15(3) said that this provision was mainly used as an

10
The Constitution of India, art. 15. Prohibition of discrimination on grounds of religion, race, caste, sex
or place of birth;
(3) Nothing in this article shall pm eat the State from making any special provision for women and
children.

11
D.D.Basu, Commentary on the Constitution of India 2737 (Butterworth and Wadwa. Nagpur. 9“ edn..
2014)
12
Note: In this chapter the researcher intends to focus on activities involving work. labor and
employment

13 | P a g e
affirmative action and not a provision for reservation. The Court further added that this
provision can be used only at the initial level. The specific provision of Article 15(3)
would prevail in any case, when there arose a conflict with the general provision of
Article 14.13 As already discussed, labor is a matter concurrent list and the Centre as
well as the State both could make laws on this. The State of Andhra Pradesh came up
With A.P State and Subordinate Rules which said that where men and women were
equal preference would be given to women other things being equal in selection of
direct recruitment up to an extent of 30 percent of certain specified post. 14 When this
was challenged the court held that it was an affirmative action and wasprotected under
Article 15(3) and not violative of Article 14, 16(2)15 and 16(4) 16as it was not a case of
reservation.17 The Supreme Court in this case further added that: 18

The insertion of clause (3) under Article 15 in relation to women it a recognition or the
fact that for centuries women of the country have been socially and economically
handicapped. As a result, they are unable to participate in the socio-economic activity of
the nation on the footing of equality. it is in order to eliminate this socio-economic
backwardness and hence in a manner that would that would bring about effective
equality between men and women that Art. 15(3) is placed in Article 15. Its object in to
strengthen and improve the status of women.

The Supreme Court also held that equal pay for equal work is based on the principle of
equality embodied under Article 14 of the Constitution of India which also finds a
provision in The Equal Remuneration Act, 1976 and both men and women are to be

13
Yusuf v. State of Bombay,1954 SCR 930: AIR 1954 SC 321
14
D.D.Basu, Commentary on the Constitution of India 2737 (Butterworth and Wadwa. Nagpur. 9“ edn..
2014)
15
The Constitution of India, art 16(3): No citizen shall. on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them. be ineligible for or discriminated in respect of
employment or office under the state.
16
The Constitution of India, art. 16(4): Nothing in this article shall prevent the Sate from making any
provision for the reservation of appointments or posts in favor of any backward class of citizens which, in
the opinion of the State is not adequately represented in the services under the State.
17
Govt. of A.P v.P.B.Vijaya Kumar, AIR 1995 SC 1648

18
Ibid.

14 | P a g e
treated equally. In the case of MacKinnonMacKenzie and Company v. Audrey D'
Costa19 a lady stenographer filed a suit saying the Equal Remuneration Act came into
force when she was working still she was paid way less than the stenographers of the
male sex. She claimed that she was entitled to recover the difference. The court said
that

To implement Art.39 (d) ofthe Constitution of India and Equal Remuneration

Convention. 1951(adopted by International Labor Organization), the Equal
Remuneration Act, 1976 came to be enacted providing for the payment of equal
remuneration to men and women workers and for the prevention of discrimination
on the ground ofsex against women in the matter of employment and for matters
connected therewith are incidental thereto. the court ordered the company to pay equal
remuneration irrespective of sex.

In another case20rule granting special allowance to women principle working in a wing

of Punjab Educational Services was challenged on the ground that their male
counterpart were not given the same benefit of the both performed same functions and
at identical posts. The validity of the rule was challenged under article 16(2). Punjab
and Haryana High Court rejected the contention holding that the rule is saved by virtue
of article 15(3). It was further held that article 15(3) could be used to constraint and
determine the expected Ambit of article 16 (2).

In the case of Raghuvansh Singh vs State of Punjab21 a question was raised whether
women could be excluded from being appointed as a superintendent of jail in men's jail.
As per the rule women could be appointed only as matrons or clerk in the men’s jail.
The court rejected the contention and held that “if sex added variety of other factors and
considerations from a reasonable norm for object of classification.

It was not just guaranteeing equal pay that solved the problem monitoring the work
place for making it safe for women was also important. A three judge bench in the case

19
AIR 1987 SC1281
20
Raghubanshsingh V. State of Punjab, AIR1972 P&H 372.
21
AIR1972 P&H 372

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of Vishakha v. State of Rajasthan22 made a significant contribution towards evolving
the code against sexual harassment. It was observed that, “the primary responsibility for
ensuring such safety and dignity through suitable legislation and creation of a
mechanism for its enforcement is of the legislative and the executive." The court added
that a need to implement the International convention was brought to check and provide
effective measure to overcome the menace of sexualharassment of women at work
places. In the case of Apparel Export Promotion Council v.A.k . Chopra 23 the appellant
was a secretary to the chairman of the company and at the time when cause of action
arose she was working as a clerk cum typist. Jim question in this case was whether
physical contact is required to charge the issue of molestation and sexual harassment at
work. The court said that sexual harassment is a form of sexual discrimination. It was
said that each incident of sexual harassment of a female worker at work place is a
violation of fundamental rights to gender equality and right to life and personal liberty.
It is incompatible with dignity and honor of a female and should be eliminated.

In the case of C. B Muthamma v. Union of India24a female senior member of the field
a complaint saying that she was dented promotion as there was long standing provision
of hostility towards women in the organization. She also accused the Union member of
gender discrimination. She challenged the practice going in the organization on the
tenets of Article 14 and 16. The three appeal judges presented unanimous findings. JK
lyer Krishna delivered the decision, first cementing that:

..sex prejudice against the Indian womanhood pervades the service rules even a third of
a century after Freedom. There is some basis for the charge of bias in the rules and this
makes the ominous indifference of the executive to bring about the banishment of
discrimination in the heritage of same rules. If high officials lose hopes of equal justice
under the rules, the legal lot of the little Indian, already priced out of the expensive
judicial market, is best left to guess.

22
AIR 1997 SC 3011
23
AIR 1999 SC625: (1999) 1SCC 759
24
AIR 1979 SC 1868

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If a woman member shall obtain the permission of Government before the marriage, the
same risk is run by Government if a male member contracts a marriage. If the family
and domestic commitments of a woman member of the service is likely to come in the
wav of efficient discharge of duties, a similar situation may well arise in the case of a
male member If a married man has a right, a married woman, other things being equal,
stands on no worse footing. Freedom is indivisible, so is justice. 25"

The Court found that, since of the rules in question had been or where in the process of
deletion, there was no need to address or attack them. In addition, the petitioner had
been promoted subsequent to her complaint, so further examination of it was pointless.
The Court also noted that: “The Central Government states that although the petitioner
was not found meritorious enough for promotion some months ago, she has been found
to be good now, has been upgraded and appointed as Ambassador of India to The
Hague, for what that is worth. 26 " The Court dismissed the petition but directed the
Government to review the petitioner’s case in light of the only remaining element of her
complaint that relating to the promotion of people Junior to her. The Court emphasized
the need to overhaul all service rules to remove discrimination.

2.2 DIRECTIVE PRINCIPLES AND LABOUR RIGHTS OF WOMEN

The Constitution under Part IV enunciates the Directive Principles of State Policy,
which though not enforceable by any court are nevertheless fundamental in the
governance of the country and it is the duty of the State to apply these principles in
making laws from time to time. The Directive Principles are important in general but
for the purpose of this chapter Article 41 27, 42 28 and 4329 are more relevant as they

25
C. B Muthamma v. Union of India, AIR 1979 SC 1868
26
Ibid
27
The Constitution of India, art 41: The State shall, within the limits of 'its economic capacity and
developments, make effective provision for securing the right to work, to education and to public
assistance in cases of unemployment. old age, sickness and disablement, and in other uses of undeserved
want.

17 | P a g e
assure certain benefits to the working class. Article 41 provides that the state within its
economic capacity should provide effective provisions for right to work. Article 42
makes provision for securing just and humane conditions at work and Article 43 assures
a living wage and decent standard of living to all workers 30 . The legislature
made legislations; the farmer of the Constitution put their blood and sweats into
formation of the constitution. Article 43 A was inserted in the Constitution by the 42 nd
Amendment. When the legal system came in the hands of the Indians the legislature
tried to make laws for security of people. The Employee State Insurance Scheme was
adopted in 1948 to cover all employees manual, clerical, and supervisory and those
engaged by or through contractors. The Scheme intended to prevent workers from
falling into poverty and aimed at providing adequate benefits to the insured on a
compulsory basis in the time of emergency. In other words the scheme was made with a
view of providing some sort of Social security. Unfortunately owing to the economic
conditions of the country it was not feasible for a complete state funded system of social
security. The employers also participated in it.

Article 41 is a part of Chapter IV of the Constitution which means that it is not

enforceable. The right to work is mentioned under it. Though it is not justifiable
right.the Apex court by making certain deductions has made it meaningful bearing in
mind the goal of socio-economic Justice as laid down in the Preamble to the

28
The Constitution of India, art. 42: The State shall make provision for securing just and humane
conditions of work and for maternity relief.

29
The Constitution of India, art 43: The State shall endeavor to secure, by suitable legislation or
economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a
living wage. conditions of work ensuring a decent standard ethic and full enjoyment of leisure and social
and cultural opportunities and. in particular, the State shall endeavor to promote cottage industries on an
individual or co operative basis in rural areas.

30
S.L Agrawal, Constitutional Developments since Independence l2 (Deep and Deep Publication. New
Delhi,l975)

18 | P a g e
Constitution31." In the case of Daily Casual Labor employed under P and T Department
v. Union of India32 the court said two things

(i) According to Article 36 and, Article 41 is a mandate both to the legislature and the
courts and the court so interpret the statue or a subordinate legislation, if the language
permits as will advance the scope of Article 41 33.

(ii) Job security is an ingredient to Right to work, read in the light of socio economic
justice.34

It is the duty of the court to examine that the government does not employ labor for a
fairly long time and then terminates them without any reason. in such cases the court
may issue direction to the Government to regularize employees 35. If we look into the
underlying principle behind this article it would reveal that this provision directs
constitutional functionaries to evolve schemes and policies for development of work 36.

In the case of AIIMS Students ' Union v. AIIMS (2002)37 the question was regarding
training of research workers and teachers for effective education. The SC said that
Article 41 obliges the State to make effective provision forsecuring the right to work.
The case is linked to education as well as work. The part of work is related to teachers
and researcher workers who should be provided training to their work effectively and
efficiently whereas the education of children is completely dependent upon the effective
teaching by these trained teachers.

Article 42 provides for provisions like maternity benefit and just and humane conditions
at work. In the case of Municipal Corporation of Delhi v. Female Workers' (Muster
Roll)38 the court held that all women either working on casual basis or muster roll basis
or daily basis were entitled to maternity leave and not just those who are in regular

31
D.D Basu, Shorter Consttution of india 644 (lexis nexis Butterworth Wadhwa, New Delhi, 14 thedn.,
2008).
32
(1988) 1 SCC 122.
33
Jacob M. Puthuparambil v. Kerala Water Authority (1991) 1 SCC 28.
34
Daily Casual Labour employed under P and T Department v. Union of India (1998) 1 SCC 122
35
Ibid.
36
Ahmadabad Municipal Corporation v. Nawab Khan Gulab Khan, AIR 1997 SC 152
37
AIR 2001 SC3262
38
(2005) 3 SCC 401,408

19 | P a g e
employment. Discipline at work is the sine qua non for efficient working of the
organization39. When employee breaches such discipline and the employer terminates
his services it is not open to a Labor Court of Industrial Tribunal to take into view that
punishment is shockingly misappropriate and disproportionate to the charge proved. 40
Article 43 is relied upon to hold reasonableness of the restrictions imposed by the
Minimum Wages Act. 1948 upon fundamental right of business guaranteed by Article
19(1) (g)41 to condemn labor practices42. The provisions of Maternity Benefit Act, l961
entitling maternity leave to women engaged on casual basis or on muster roll basis on
daily basis and not only to those in regular employment are wholly in consonance with
Article 4343. These provisions aim at establishing a socialist state as envisaged by the
Preamble to the Constitution of India, which would endeavor to secure decent standard
44
of life and economic security to working people

In the case of Bombay Labor Union v. International Franchise 45 the respondent

company was a pharmaceutical company and had a clause in its packaging and labeling
department to terminate a female employee when she gets married. The matter was
referred to the industrial tribunal first which said that the rule was justified. The appeal
was filed by a special leave petition and the court held that there was nothing to show
that married women would take more leave than un-unmarried women or widow other
than maternity leave. Marriage is two way process and it cannot make a woman less
efficient. If by marriage women become inefficient then the same applies to men. The
case was not covered under the Fundamental Rights thus the court decided it by taking
the DPSP into consideration. The court said the need for uplifment of women in the
society was felt and it cannot be stopped by make false regulations. Such a norm was
unjustified and the appeal was allowed.

39
Supra note 27 at 646
40
M.P. Electricity Board v. Jagdish Chandra Sharma (205) 3SCC401
41
Chandra Bhavan Boarding v State of Mysore, AIR 1970 SC 2042
42
Eveready Company v. Labor Court, AIR 1963 all 497
43
Municipal Corporation of Delhi v. Female Workers’ (Muster Roll), AIR 2000 SC 1274
44
Nakra D.S v. Uninon of India, Air 1983 SC 130
45
AIR 1966 SC 942

20 | P a g e
The case of Air India v. Nargesh Meerza46 is a very important case which shows the
initial View of the Supreme Court. The case was decided on the basis of Article l4 and
Directive Principles were not given due importance. The SC ruled against the
contention of air hostesses and said that the norm requiring them to retire in case of
marriage or pregnancy et al was valid. Air Hostess were supposed to resign in case they
got married within four years or became pregnant or reached the age of 35 years. The
court held that the provisions were valid and discrimination was not alone on the
grounds of sex. But later in the case of Air India Cabin Crew Association v. Yeshawinee
Merchant AndOrs. (2003)47 the court took a completely different stand and said that an
airhostess can fly till she wants. This case is a true example of judicial spirit where the
judiciary took note of the condition of women and decided in their favor.

2.3 NATIONAL COMMISSION ON LABOUR AND WOMEN

The Census of India and the National Sample Survey organization are the two main
sources of data on women‘s employment 48 but two have two different definitions of
work the census defines work as any activity which yields economic benefits or is
economically productive. It is true that the government is making legislations to
encourage participation of women in the workforce but it cannot be ensured merely by
making opportunities available. The legal as well as the social system needs to consider
the extra responsibilities which women bear in the society. The demand of nutritional
requirements during maternity, extra hours devoted towards infant, her health and
physical well-being have to receive full attention from the society.

But an ulterior View is seen instead of taking these extra responsibilities into
consideration in order to help women; they are used to deny equal status of wiener to
them, The Human Development report of 1996 mentioned that gender related
development index is lower than human development index.49Gender gap in economic

46
AIR 1981 SC 1829
47
(2003) (LS) SC 840
48
Government of India, Report of the National Commission on Labor (New Delhi 2002)
49
Ibid

21 | P a g e
and political participation is limited for women. 50 The report says that anyone who
works for more than six months is considered to be a worker but women who works
daily as a housekeep are never considered as worker rather unpaid workers. 51 It is
estimated that unpaid household work by women, if properly evaluated would as a third
to global production. The report said “Even when women are remunerated for their
work their contribution is undervalued. In Formal employment women earn
significantly less than men in every country having data and in the informal sector their
earnings at times reach only one third to a half of a men, like Malaysia and Latin
America.”52 As per the report of the Commission women have contributed to the labor
sector and have adjusted beyond imagination to help the household but the data on their
work is not recorded. This is not one country but a phenomenon which prevails over
every country (especially developing countries). The participation of women is difficult
to determine in the absence of statistical data. This shows negative attitude of the
nations towards organizing the women labor sector.

The Report has discussed the role of women in liberalizing economy. It has divided the
economy into sectors namely primary. secondary, tertiary. service and agriculture.

Globalization And Its Effect On Women

The Commission under this heading discussed the effect of globalization and
liberalization on workforce; labor market and industry Globalization has both a negative
and positive effect women. Some people are anti globalization and not favoring women
workers the other is just the opposite. At some level liberalization has led to job loss in
the public sector it has also introduced new jobs in the private domain increasing the
demand for new skills. This variation of opportunity is clearly visible in females.
Women with better education metropolitan received greater benefits when compared to

50
Ibid at 36
51
Ibid at 37
52
Ibid

22 | P a g e
women with rural background education and lack of resources The report describes the
sectors as follows:53

Primary Sector
The Primary sector deals with livestock. Forestry and husbandry the secondary rector
includes food processing, textiles, beedi rolling and home based industrial works. The
tertiary sector includes vendors, health workers, construction workers and contracted
labour.

The Primary sector was affected by the advent of globalization in the country The
consciousness towards the environment has increased, increasing the tree cover. Export
of timber and natural products are in demand. Not much has changed in this area as
forest is controlled by the state thus: liberalization had no or very little effect on it in
case of livestock to the rural India, it has always been seen as the women‘s work. The
monetary benefit arising out of this is due to the contribution women but it again is
seen as her duty and remains unpaid for this job as well. India is the home of largest
livestock population and has great prospects to the market of milk and dairy products.
The main concern in case of policy matters is to recognize the effort and work of
women in this area. Another sad event is that a large number of women work on
agriculture land but rarely it is seen that they own resources as well. The report of the
Commission says; "Women Development Report 1996 also says that women have fewer
opportunity to secure livelihood due to constrain on land ownership. " The sad fate is
that majority of them work as unpaid laborers on family land. In agriculture women
generally do monotonous and low paying works like weeding, transplanting,
winnowing, threshing and harvesting. The increased commercial and mechanized
farming has led to displacement of women workers from the agricultural field.

53
Supra note 26 at 951

23 | P a g e
Secondary Sector
In the secondary sector the small sector is included. The government of India ever since
the day of independence has been small scale industries. In order to promote these
Industries the government also provides them with subsidy and gives such industries tax
benefit to the form of exemption. The beedi rolling industry is the area on which most
women workers are found. This again is a low paying job and moreover it is hazardous
to health. The health problems also extend to the family of these women. But the fate
of this market is also dull. Tobacco regulations across the world are proving adverse for
this industry and the workers mostly women are always in under threat of losing their
job The craft sector is one good market and the advent of globalization has helped this
market grow This sector can be sub divided into wearing, knitting, jewelry, pottery et
al. These areas are generally women oriented. There is a need to promote skills in this
area for the upliftment of the condition of women. This area includes a large number of
women and is not hazardous like the beedi industry. The food processing sector is
another sector which Involves women in great number and is providing employment
opportunities to them. The textile and garment industry is another huge employer of
women specially the canon, textile and handloom industry But a cause of concern in
this area is the lack of cotton yarn which is affecting the industry and the workers in
theindustry. The garment sector has positive effects of globalization on it and is one of
the fast growing consumer industries.

Tertiary Sector
The tertiary sector is mother field where women work to get economic independence.
The construction sector developed a lot after globalization. Advanced new technology
and machinery made the job easier and opened new beginnings rather new job openings
for women. In this area women generally work on daily wages and do not do skilled
labour they generally form a part of the unskilled workforce .Street vending and rag
picking are other areas where both urban and rural women are engaged Due to
globalization the demand and work load of vendors has Increased to a considerable
limit and in this area women work independently and earn better.

24 | P a g e
Service Sector
The service sector can be understood as the sector which includes house helpers,tuition
teachers, dabbawalas and those who are not much organized and their work has
increased and is continuing to grow. The rapid expansion of this sector has raised the
demand for new type of jobs especially for women. In this sector women act as home
makers who go and cook meals or take tuitions The need for domestic helpers has also
increased in the urban pan of the country There is scope in this area for female workers
but in the absence of proper guideline to regulate this sector the female workers are at
times subjected to mental and physical abuse and are also given low wages.

2.4 PROVISIONS FOR THE PROTECTION OF WOMEN UNDER LABOUR

LAW

Under the Industrial laws good has been taken to draft laws in order to protect women
from any kind of harassment or assault. An attempt has been made to create a safe and
secure place of work for women. Many acts were enacted during the British period and
some ware enacted after the independence. The reason behind bringing this act into
force was to increase the working efficiency of women. The main aim was to increase
the participation of women in the work force for two reasons that were to make women
empowered and include rather seize their participation in the work force.

The Factories Act, 1948

The labour laws within themselves include many laws. the factory act is a part of it. The
act deals with issues of safety both mental and physical. It is a welfare legislation meant
to encourage participation of women in the work force. The Act lays down measures to
be adopted tor health, safety, work environment, hygiene et al.. These measures have to
be followed strictly else there can be adverse consequence.

25 | P a g e
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 crèche.

The Act provides that in any factory where the number of women is above thirty then
there should be a facility of crèche. No matter how much the society grows in its
thinking, it remains the duty of a woman to take care of children and the family. Thus, it
becomes necessary to provides such remedies in order to help women take care of their
children even when they are at work. The Act provides for the facility of crèchefor
children below the age of six years. The Act also talks about cleanliness and an
environment free from effluvia free from arising from any drain, privy or other
nuisance.54 The Act in relation to health and hygiene provides for proper disposal of
wastes55. The Act says that “effective arrangements shall be made in every factory for
treatment of wastes and effluents due to the manufacturing process carried on therein,
so as to render them innocuous and for their disposal. " The Act also contains
provisions for proper ventilation and well managed infrastructure, sufficient lighting,
spittoons. The Act provides for separate enclosed urinals and latrines for men and
women.56 The act also provides for washing and bathing facilities and in addition in
every factory where the number of workers in above 150 there should be facility of
restrooms.

54
Factories Act, 1948, section 11 (Act no. 63 of 1948)
55
Factories Act, 1948, section 12
56
Factories Act, 1948, section 19

26 | P a g e
The Employees ' State Insurance Act.I 948

The Employees' State Insurance Act, one of the most important social legislation in
India. The Act was enacted in order to provide for a mechanism to deal and benefit in
times of contingencies. The Act provides great benefit to women. Insured women
workers get compensated rather get benefits like, sickness benefit, and disablement
benefit, medical and maternity benefit. In addition benefits are also given for
miscarriage, confinement, any sort of sickness arising out of pregnancy. Insured
women workers also get funeral benefit. There is a stipulation for paying the maternity
benefit that insured women should not work for remuneration in these days of which the
benefit is paid. The Act prescribes that in any unfortunate event where an insured
woman passes away then her nominee would get the benefit. The Act provides for a
scheme where both the employer as well as the employee contributes towards the
insurance Corporation which runs hospitals and dispensaries localities where such
work is carried out The Act provides for free medical facility. Many a time to the course
of employment the workers catch some occupational disease. Such medical issue is
also compensated.

The Maternity Benefit Act, 1961

The object of maternity leave and benefit is to protect the dignity of motherhood by
providing for a safe and clean environment for maintenance. 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 all the sector 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 right of women the

27 | P a g e
legislature introduced the Equal Remuneration Act, 1976 and Maternity Benefit Act.
1961. 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 Employee's State Insurance Act is
applicable. Women who are employed whether directly or through a connector, 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 act. Cash benefits to women who are
absent from work during the maternity leave, are not be less than two-third 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 tor 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 to 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 Air India v. Nargesh Mirza 57 the
Supreme Court struck down the provision of tiles 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
labor 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

57
Supra note 44

28 | P a g e
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 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
Labor 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.

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

29 | P a g e
regarding enforcement of the provisions of this law is regularly monitored by the
Central Ministry of labor and the Central Advisory Committee.

The Workmen Compensation Act, 1923

In any industrial society the problem of labor management relations becomes so

important that some sort of social insurance becomes necessary to provide adequate
protection from losses caused to the laborers’ by accidents. With a view to improve the
condition of the workmen some social insurance legislations have been enacted. The
Workmen‘s Compensation Act 1923 is one of the earliest pieces of labor legislation,
adopted to benefit the laborers. 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 unorganized sectors and to those in the organized sectors who
are not covered by the Employees State Insurance Act, 1948 which is conceptually
considered to be superior to the Workmen’s Compensation Act.

The MinimumWages Act, 1948

The minimum wages Act was passed for the welfare of labors. This Act has been
enacted to secure the welfare of the workers in a competitive market by providing for a

30 | P a g e
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 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 worker. It would therefore, 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 labor 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 labor 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. Women’s participation in the labor force with no wage discrimination and

31 | P a g e
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.

2.5 SCHEMES DEVELOPED BY THE GOVERNMENT

The Government of India has provided for several other schemes to help
empowerment of women. The Ministry of Women and Child Development is
implementing various schemes for women’s economic empowerment namely
Priyadarshini Scheme speaks about:58

A Self Help Group (SHG) based project implemented by the Ministry for holistic
empowerment of women and adolescent girls. The actual implementation of the scheme
was started in April, 2011. The scheme is being implemented in 7 districts of Uttar
Pradesh and Bihar. Since inception, 56738 beneficiaries have been covered under
Priyadarshini scheme.

Rashtriya Mahila Kosh

This scheme was set up in 1993 to meet the credit requirement of who were
economically backward and was a part of the informal sector and their income was
mainly from doing household activities. Since its inception and till 31.1.2013. RMK
has sanctioned Rs. 342,90
crore microfinance loans and released Rs. 278.89 crore benefiting over 7.19 lakh poor

58
Priyadarshini Scheme, available at : hnp://pib.nic.in/newsite/PrintReleuse.aspx?relid-93123 (last
visited on March 23 2017

32 | P a g e
women beneficiaries.59

Support to Training& Employment Program for Women

The Ministry has been administering the Support to Training and Employment Program
for Women (STEP) as a Central Sector Scheme since 1986-87. The aim of the
scheme was to provide sustainable development by sustainable employment for the
marginalized group of women who had negligent economic security. During last ten
years, 3.90 lakh women beneficiaries have been benefitted under the STEP Scheme 60

National Mission for Empowerment of Women

It is it scheme developed with the intention of empowerment of women. It focuses

on inter sectoral convergence of employment.

61
Indira Gandhi MatritvaSahyogYojana

It is a Conditional Cash Transfer scheme for pregnant and lactating (P&L) women
introduced in the October 2010 to contribute to better enabling environment by
providing cash incentives for improved health and nutrition to pregnant and have
been nursing mothers. 6.74 lakh women beneficiaries have been covered under the
GMSY scheme since inception.

In this chapter we have seen that government has tried to make it easier and more viable
for the women to join the workforce the Indian Judiciary has also played an important
role in ensuring that no injustice is faced by them

59
Ibid
60
Ibid
61
Ibid

33 | P a g e
 CHAPTER-3

EDUCATION RIGHTS OF WOMEN IN INDIA

"Education is the most important single factor in achieving rapid economic

development and technological progress and in social order founded on values of
freedom, social justice and equal opportunity. Programs of education lie at the base of
the effort to forge the bonds of common citizenship, to harness the energies of the
people and to develop the natural and human resources of every part of the country". 62

In the following chapter the researcher has focused on the current system, laws,
schemes and the recent status of the education which is availed by the fairer se of this
country.

The Socialist nation of ours among other things 'envisages that the benefit of education
must spread among the citizens in equal measure. The equal measure of socialism has
always been differentiated on the basis of caste. It is very few times that women are
included in this equal measure. The females of the society also form a class which is
need of development with regards to education. The fruits of democracy cannot be
realized without the ignorance and apathy which stem to a large extent from illiteracy,
especially female illiteracy. 63 AcharayaVinobha Bhave has linked education with
defense and said that it is a social and national goal as well as an individual goal. 64

The Directive Principles have been classified into four principles one of them being the
"Social and Economic Principle”65, Article 41 of Part IV which states66

62
G.S. Sharma (ed.), Educational Planning: lts Legal and Constitutional implications in India, 56 (N.M
Tripathi Pvt. Ltd, Bombay 1967).
63
R.B Tewari, Directive Principles of State Policy and Educational Planning in India 166 (N. M Tripathi,
Bombay, 1967).
64
VinobhaBhave, "The Task of Education" in The Emerging World 36, available at:
https://www.buffalolib.orglvufind/Record/624738 (last visited April 2, 2016).
65
Socio-Economic principles, Gandhian Principle, Principles and Policies relating to international Peace
and Security and miscellaneous

34 | P a g e
"Right to work, to education and to public assistance in certain cases-

The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance
in cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want", forms a part of the Social and Economic Principle. A society grows
both economically and mentally. The economic growth requires skill which mayor not
may not come through education but mental development is not possible without
education. The knowledge derived by education is the only imperishable treasure in the
body of an individua1 67 .The Right to Education 68 was included in the Fundamental
Rights at a very later stage.69 It was initially put as a directive to State and the Union
under Part N of the Constitution of India. The Article says "within the economic
capacity", which makes it very limited in scope. Article 45 makes a provision for free
and compulsory education of children till the age of 14. This is an initiative but this
initiative is not backed by proper execution. In Spain the education policy is such that if
any child below the 16 years is found not going to school without any reason he is
admitted to a state run school but such backing by the executive is not present in India.
Most girls drop out of school because their parents either get them, married or do not
consider their education important. The history of education in India is very old and so
is the history of illiteracy of females. The education of females has not been given due
importance. Pre-independence there barely was a formal mechanism for education of
women. Modem Universities in India began in 1858 as institutional transplants from
Great Britain.70The Universities established then, were influenced by the Indian socio-
economic and cultural opinions after independence which they were insulated from
66
The Constitution of India, arts 36-51 Directive Principles of State Policy are contained under Part IV
and there are 17 Directives mentioned under this part.

67
N.Dasharath A Vision for Social Justice 1 (ProfV.B.Couthino Trust, Banglore, 2009).
68
Article 2, Additional Protocol to European Convention on Human Rights, (1952).
69
The Constitution (Eighty Sixth Amendment Act) Article 21 A, (2002), (w.e.f 1-4-2010).
70
Susanne H. Rudolph and Lloyd 1. Rudolph (eds.) Education and Politics in India 3 (Harvard University
Press, Cambridge, 1972).

35 | P a g e
during the British Raj. The origin of the education system of a country shows the
method and will of learning of the people. It impresses upon forms and traditions that
function like genetic imprint and dictates further evolution of knowledge 71. The trend
and traditions of the Indian educational system shows great involvement of men,
especially of higher caste but excludes women to larger extent irrespective of caste.

Education is a very essential component of growth. The welfare story of the nation
depends upon the development of two mechanisms, the first being male and the second
female.

Pt. Nehru once said:

"If you educate a man you educate an individual, however, if you educate a woman you
educate a whole family. Women empowered means mother India empowered" 72.

The education of women is a much discussed issue and most government's pre
occupation. The much debated issue of women empowerment can be achieved by social
and mental upliftment of women and it can be achieved by the tool of education. The
journey from under developed to developing and now the battle to become a developed
nation cannot be achieved without the development of education in all sphere and
women in particular. The current inequality prevailing in the society (inequality
between men and women and their rate of growth and development) can be overcome
by educating women. Napoleon once said that "the greatest need of France, in order to
progress was trained and educated women. He further added that if women of a country
are uneducated, then half the people of that country will be ignorant and lack morale."
According to him a women played the role of a daughter, where she educates her family
and siblings about the respect which a women deserves and her equal need of education
as her brother. As a wife she educates another family and as a mother, she is deemed to
be the first. teacher of a child. Raja Ram Mohan Roy fought hard to abolish the practice
of "Sari" in India. This practice was common because of lack of awareness and

71
Ibid at 13.
72
Higher education for women empowerment. (2015),www.dailyexcelsior.com/higher-education-for-
women-empowerment (last visited 8 May 2017)

36 | P a g e
education among woman. Women today who are educated and aware of their basic
rights would never engage into such inhuman practice.

In this chapter we shall focus on the need and importance of education of women in
India and the steps taken by the legislature in the form of schemes and Acts to achieve
this socio economic aspect as mentioned under Part IV. The Chapter is divided into two
Parts73.The first being Constituting Educational right by Interpretation and the second
being Constituting Educational Right by Enforcement.

The first part deals with the analysis of schemes, reports and the Acts or statutes
brought into existence by the legislature for the development of education standards of
women. The second part looks into the judicial decisions and the involvement of
judiciary in upholding and using the Directive Principles of State Policy in development
of women's education in India. It deals with the attitude of judiciary over a period of
time and its contribution the development of education of women in India. The final
part or the third part will include the efforts of NGO's working for improvement of the
condition of women in rural as well as urban India. These NGO' s like Pratham and
Smile foundation organize camps, publish articles and encourage reading programs
through mass participation in order to encourage not just education but education of
women. The chapter also focuses in the national reports. The national reports are the
one which jolted people and the government and created a platform for the development
of enforceable law in the matter of education. The discourse of Supreme Court in the
matter of education especially of women has also been looked into. Education is the key
to a better job and better job can lead to development of an individual as well as his
family.

73
Katherine G. Young, Constituting Economic and Social Rights 6 (Oxford University Press.New York,2012).

37 | P a g e
3.1 LEGISLATION AND GOVERNMENT POLICIES/SCHEMES RELATED
TO RIGHTS OF EDUCATION OF WOMEN

The Indian Legislature has divided the field of education into 3 groups 74 namely
Elementary Education, Secondary Education and Higher Education. The first aspect of
the above mentioned division that is elementary education. To begin is the hardest thing
to do and to ensure elementary education of girl child in a democratic, socialist, republic
of India where female feticide is prevalent irrespective of caste and class is the most
challenging task. "The government of India provides for Universal Elementary
Education (UEE) for strengthening the social fabric of democracy through provision of
equal opportunities to all has been accepted since the inception of our Republic. It is
with the formulation of NPE, India initiated a wide range of programs for achieving the
goal of UEE through several schematic and program interventions" 75

Encyclopedia defines Elementary schools as: 76

Elementary schools exist worldwide as the basic foundational institution in the

formal educational structure. Elementary schooling, which prepares children in
fundamental skills and knowledge areas, can be defined as the early stages of
formal, or organized, education that are prior to secondary school. The age range of
pupils who attend elementary schools in the United States is from six to twelve,
thirteen, or fourteen, depending on the organizational pattern of the particular state
or school district. eight. A commonly found organizational pattern places grades
seven and eight, and sometimes grade six and nine, into middle or junior high
schools. When the middle school and junior high school pattern is followed, these
institutions are usually linked into secondary education, encompassing grades six
through twelve.

75
Universal Elementary Education, available at: http://rnhrd.gov.in/overview-ee (last visited on March
18. 2017).

76
Elementary education. available at: Imp://www.encyclopedia.comldoc/lG2-3403200209.html (last
visited on March 18, 2017)

38 | P a g e
Secondary education has been defined as: 77

Middle schools evolved in the 1960s, with new pattern-five years of elementary,
three years of middle school, and four years of high school. Middle schools were
designed to meet the intellectual, social, and physical needs of young adolescents
rather than to help these students get ready for high school. The structural and
curricular changes in middle schools included advisories (long-term student groups
that meet with one faculty member over a period of time), team planning and
teaching, exploratory classes, and adequate health and physical education classes.
Middle schools are currently the predominant mode of organization in grades six
through eight.

The Merriam Webster dictionary defines Higher Education as:

"Education provided at college or university level."

Apart from the provisions mentioned under the Constitution of India the Ministry of
Human Resource and Development has development has launched various schemes and
Acts towards achieving the goal of women education. We shall deal with them
individually in the subsequent paragraphs. The schemes very clearly focus on
encouraging the underprivileged women and girls who are economically inefficient to
avail such educational facilities. The need for primary education is immense. It is not
just required to remove the superstitious and other believes which arise out of
knowledge but also to bring awareness about the very basics of existence of human.

3.1.1 The National Policy on Education

The Report of the Commission on Education 78 under Chapter VI 79 talks about

equalization and under that chapter is a sub heading which deals with the education of
girls. The Chapter on equalization mentions that the one of the important social
objectives of education is to equalize opportunity, enabling the backward or

77
: Secondary education, available at: http://www.encyclopedia.comltopic/Secondary_education.aspx (last
visited on March 21, 2017).
78
Education Commission of India on Education and development 107 Chapter VI, (New Delhi, June 1986).

79
Ibid at 109.

39 | P a g e
underprivileged classes and individuals to use education as a lever for the improvement
of their condition. Or obstacle in the road of education is social inequality.

The Report on the Commission highlights the importance of education of women. The
Report says that education of women in the modern developing world is even more
important than the education of men. Full development of human resources can be
achieved only by improving households, molding the character of children during their
childhood. An educated woman is far more worth a resource than an educated man. In
the freedom movement the women of the country worked hand in hand with the men. In
the modem world the social hindrances has pushed women back to an era way beyond
the freedom struggle. The Republic of India is the second most populated country in the
world and rate of population is increasing with no sign of it diminishing. An educated
woman can assist greatly in reducing the rate of fertility. The rural India is a hub of
superstitious practices and unawareness. It is through elementary free education that an
awareness regarding wrongly understood, believed and practiced things can be brought.
The basic education of science and mathematics is necessary to understand from why
the sun rises in the east and sets in the west to the basic dimensions of women body as
to why menstruations take place and what precautions they should take and not relate it
to supernatural belief. It is a set norm that women take care of the household. Another
problem that a developing nation faces is sudden outbreak of various diseases. Due to
lack of economic development society generally compromises on hygiene. Although
one thing that most people overlook is that hygiene comes from habits and good habits
are developed through awareness and awareness comes through education. Education in
women brings awareness and this awareness will lead to hygienic atmosphere and the
outcome would be a healthy environment. This awareness in women can help curb the
practice of delivery at home by local house-helps. In this modem world the role of
woman goes beyond home and bringing up of children. In a developing country the per
capita income plays a great role, with the development of time and economy more jobs
will come into existence. Educated women can equally participate and work shoulder to
shoulder with men to fight against hunger, poverty and health.

40 | P a g e
3.1.2 New Education Policy 1986

The earlier Policy on Education brought a revolution in the field of Indian Education
system. Although there existed a policy but a need for improvement was felt with the
change in demand of society and the requirements of people. The New Policy on
Education was made to meet the new demands. The new Education Policy was mainly
concerned with removing disparities in the education system. The new system was
aimed at neutralizing the distortions of the past and playing a role of active
"interventionist" on the path of women empowerment. For the purpose of development
of education of women, the course was redesigned, teacher training was done and
efforts were made to involve the institutions directly in the process of women
empowerment through education. The removal of illiteracy among women was given
overriding priority. The New Policy proved to be a boon for the female members of the
society. It was inclined towards reducing the educational gender disparity. Provisions
were made for increased participation of woman in vocational, technical and
professional educations. "The policy of non- discrimination will be pursued vigorously
to eliminate sex stereo- typing in vocational and professional courses and to promote
women's participation in non-traditional occupations, as well as in existing and
emergent technologies.”80 The New Policy aimed at bringing a social equality among
the backward classes and women forming a major part of such category. The
dimensions of the society were continuously changing and introduction of new
technology demanded upgradation of skills. The up-gradation of skills lead to
production of manpower resources. And to fulfill the required demand of manpower
development of skills of women forces was important. The beneficiaries of the
development program derived great benefits from the systematic programs for
education and skill development, their participation was necessary for the development
of the nation. The New Education Policy aimed at eradication of poverty by eradication
of illiteracy.

80 7
Education Commission on National Policy Education, (New Delhi 1986), available at:
www.ncert.nic.inloth_anoun/npe86.pdf (last visited March 21, 2017),

41 | P a g e
The New Policy demanded.81The Central and State Governments, political parties and
their mass organizations, the mass media and educational institutions must commit
themselves to mass literacy programs of diverse nature. It will also have to involve on a
large scale teachers, students, youth, voluntary agencies, employers, etc, concerted
efforts will be made to harness various research agencies to improve the pedagogical
aspects of adult literacy. The mass literacy program would include, in addition to
literacy, functional knowledge and skills, and also awareness among learners about the
socioeconomic reality and the possibility to change it.

In the field of elementary education the New Policy had two aspects:

i. Admission and retention of education till the age of 14 years

ii. Improvement in the quality of education.

The focus on retention proved beneficial for women as the maximum number of
dropouts was noticed in girls. The policy of retention was made in order to at least
provide elementary education to girls. Keeping in view the girl students, mandatory
appointment of women instructors rather teachers was made. Dropping of school by
children was given the highest priority. Vocational education was made a part of the
curriculum to train students or make them skilled for certain jobs.

3.1.3 Provisions under The Constitution Of India

The Constitution of India under the Directive Principles of State Policy as contained
under Article 45 has made a provision for free and compulsory education of all children
under the age of fourteen years. Within ten years of promulgation of the constitution.
The task of providing education to all children gained momentum after the National
Policy on education was announced in the year 1986. The Government at Central level
made tremendous effort with the state government to fulfill the mandate and the result

81
Ibid at 8

42 | P a g e
of this partnership was fruitful for the masses. In order to fulfill this goal a need for
explicit provisions were felt in the Constitution of India. With a view of making the
right to education a free and make compulsory education a free right, the Constitution
(83rd Amendment) Bill 1997 was introduced to insert Article 21A conferring on all
children between the age group of six to fourteen the right to free education.

Fundamental Rights

Article 21 A of the constitution of India 82states that, 'The state shall provide free and
compulsory education to all children of the age of six to fourteen years in such manner
as the state may by law determine".

This article came into existence to validate the suggestions mentioned under the
National Policy of Education. Before this amendment was made to make Right to
Education a fundamental right, the Constitution of India under Article 45, Part IV
provided a provision for free education of children. Directive Principles are
unenforceable and therefore somewhere in application they become toothless. In order
to make it rigorous and to fulfill the need of the hour then in otherwords to bring in a
proper system of education and provide it to the masses, especially to those who could
not afford it a more rigorous form of law was required. Thus it was put under Part III of
the Constitution and also as a Fundamental Duty under Article 51 A.

The Right to education mentioned under Article 21A, 41, 45 and 51A cover both
primary as well as secondary education and the petitioner can claim benefit of Part III
as well 83. Article 21A is a mandatory obligation upon the State to provide free and
compulsory education to all children between the age of six to fourteen. In order to
achieve this constitutional mandate, the state has to place much greater emphasis on

82
Supra note 65.
83
State of Maharashtra v. SantDnyaeshwarShikshanMahavidya!a, (2006) 9 see 1.

43 | P a g e
allocation of funds for primary and secondary education84. The Right to Education till
the age of fourteen years being a Fundamental Right, the aided private middle schools is
entitled to full grants in aid from the state government. Where Higher and senior
secondary schools are concerned the state is under an obligation to provide free
education to children below the age of fourteen years. 85 To fulfill this constitutional
obligation the Central as well as State governments came together. As a result the aided
private middle schools were given full grant-in-aid by the government.

A positive effect of this was seen on the senior secondary schools where the students
were below the age of 14 years or less. As a matter of rule these schools came under the
policy of free education by default andthe government was under an obligation to grant
full aid to these schools as well. The government could not refuse aid to these schools
as; "financial constraint is no excuse to constitutional duty". 86 In the case on Unni
Krishnan K.P v. State of Andhra Pradesh 87the court held that the fundamental right to
free education was only up to the age of fourteen years and the state was bound to
provide grant in aid for free education only till them. After the child completed that age
the state was not bound to provide free education and this liability was subject to the
economic considerations. Education can be best delivered in the language known to the
pupils. It becomes easier for them to understand and engage their doubts. Article 21A
read with Article 19 (1) (a) has been construed as giving all children the right to have
primary education in a medium of their choice.88The provision under Article -21 A is
general in nature. But if read with Article 15 (3) which says "Nothing in this article
shall prevent the State from making any special provision for women and children".
This article existed even before the fundamental right to education came into force.
When read together, they give power to the government to facilitate the education of

84
Supra note 9 at 4978
85
Ibid at 4975.
86
State of Himachal Pradesh v. H.P State Recognized and Aided Scho61s Managing Committee (1995) 4
see 507.
87
AIR 1993 SC 2178
88
Associated Management of Primary and Secondary Schools in Karnataka v. The State of Karnataka ,
ILR 2008 Kamataka 2895.

44 | P a g e
women in a better and proper way. The Parliament enacted "Right to Children to free
and Compulsory Education Act, 2009 which under section 3 provides that every child
between the age of six and fourteen. This provision for education under 21A, gives
another meaning as well, it suggests that no child shall be compelled to pay any kind of
fees or consideration or expense which may prevent the child from pursuing the course.
The amendment to include 21A, was made to remove financial barriers which prevents
a child from accessing education. Article 21A, when read with 19(1)(a) gives children
the freedom to have primary education in the medium of instruction of their
choice. 89 The compulsory education to children aged six to fourteen years makes it
obligatory for the state to provide all basic requirements for running a school. 90

The apex court has also said that the right to education is not only limited to learners of
how to read and write or get information, but it also means acquiring knowledge and
wisdom to lead better life, become better citizens and serve the nation in a better way
and to attain this is necessary to impart the primary level of education. 91 The obligation
cast by Article 21A upon the state is that to substantially expand the network of school
so that the child can go to school within an accessible distance. In order to achieve the
mandate of Article 21A, the State will have to put greater emphasis on allocation of
resources. The progress 'of the nation depends upon proper execution of Article 21A. 92
Education is as important as health and dignity and the State must provide it. The court
in the case of Ashok Kumar Thakur 93 said that educating a child requires more than
books, teacher and a classroom. A child deserves quality education in quality school
and quality school should not possess any kind of threat for students. 94 The court in this
case gave all together different meaning to the word education which is different from
the dictionary meaning. The court in another way meant that no child should suffer any
kind of physical or mental injury in the course of exercising his fundamental right nor

89
Ibid.

Society for Unaided Private Schools of Rajasthan v. Union of India, AIR 2012 SC 2043
90

91
BhartiyaSevaSamaj Trust v, Yogeshbhai Ambalal Patel, AlR 2012 se 3.285.
92
Ashok Kumar Thakur v. Union of India (2008) 6 see 1. .
93
Ibid
94
Ibid

45 | P a g e
should a guardian or parent who eagerly wants to uplift the condition of his child and
dreams of an improved social and economic condition be forced to send his child to a
school with unsound buildings unsuitable for the upbringing and education of his child
just because of inability to provide for a better education at a better place.

Unlike, other fundamental rights the right under Article 21 A places a burden not only
on the state but also on the parent and guardian of the child to send her to school for
primary education. The right to education is more than a human or fundamental right. 95

Directive Principles of State Policy

The socialistic pattern of a society and a welfare state are the two goals that have
inspired policy formation of most of the countries. 96 Article 41 under part IV has a
limited scope as it is not enforceable in the court of law and looking at the then
economic condition and preferences the state was given another advantage by putting
the words "economic capacity". This Article has a very limited scope. Article 45
provides for free and compulsory education within ten years of commencement of the
Constitution. If we look at this provision keeping in mind the report of education
commission on equalization and education of women, we see that this Article is an
obligation on the state to develop education of women in order to achieve the socio
economic target. An analysis of the Article will reveal three different facts. First, a limit
of period of time is imposed. The limit of 10 years was considered to be a very less to
embrace such development and change looking at the socio-economic condition of the
society.

95
Supra note 9 at 4980.
96
R.B Tewari, Directive Principles of State Policy and Educational Planning in India 209 (N. M
TripathiLtd ..Bombay, 2005).

46 | P a g e
The country was a developing country, the per capita income of families was very less
and men were rather are considered to be the bread winner of the family and in the little
income the family preferred teaching the boys. The State also had the authority to give
up under the excuse of economic capacity. The age limit of six years to fourteen years
was another issue as child marriage was prevalent in many parts of the country and
most girls were married by age of 10 years. In the light of these issues, came in the
Right to education Act.

The Right to Education has been universally recognized since the Human Rights
Declaration in 1948. India is a party to numerous UN conventions and thus obligated to
follow the decision of the committee. The Act is an initiative to make elementary
education free. As per the act, elementary education is the education given to a child
this class VIII 97 . The act talks about giving free elementary education to children
between the age of six and fourteen but nowhere specially mentions about the education
of girl child. It has treated or rather the policy makers never considered the fact that the
enrolment of girls in formal schools is very less as compared to boys. Article 2 of the
European Convention on Human Rights provides that no person shall be denied the
right to education. In exercise of any function which the state assumes in relation to
education and to teaching, the state shall respect the right of parents to ensure such
education and teaching in conformity with their own religious and philosophical
conviction98. In Belgian Linguistic case99 it was said that Article 2 does not require the
contracting state to provide particular type of education, it implies that right of person to
avail themselves of the means of instruction existing at a given time. The Central
government from time to time has developed schemes for education of girl child. These
'schemes are classified into three categories to meet the requirement of education of

97
Right to Children to Free and Compulsory Education Act (NO 35 of 2009) sec 2(f), 26th August, 2009.
98
Supra note 34.
99
(1968) I EHRR 252.

47 | P a g e
girls in elementary, secondary and higher education. In the following chapters we shall
deal with some schemes initiated by the government of India in order to develop a
special mechanism for education of girls, in the country and to overcome the education
gender disparity.

3.1.4 Schemes launched by the Government

Along statutes and other legislation the government of India has also launched many
schemes from time to time for the development of primary and secondary education.
There are schemes which specially are formulated to deal with the crisis of little
population of educated women. The crisis is not of population but of an educated
population of women. The main agenda.behind these schemes is to encourage women to
participate, indulge and devote their time in the process of gaining education.

MahilaSamakhyaYojana

This scheme was launched to give shape to the suggestions and observations of the
Revised Education Policy of 1992. The revised talked specifically about empowerment
of women in order to reduce the gender disparity and to educate them. The scheme was
launched to educate the socially and economically backward class of women in the rural
areas. The basic aim or the underlying principle of the policy was to reduce the "gender
disparities" in the rural India, among the weaker sections of the society.

The objectives of the Mahila Samkhya Yojana were laid down on the following
principles:100

• Enhance self-esteem and confidence of women.

100
Ministry of Human Resource and Development, Mahila Samkhya Program: Genisi 3(New Delhi)

48 | P a g e
• Develop the ability of critical thinking.

• Fostering decision making by collective process.

• Enable women to make informed choices in areas of education, health and

employment.

• Providing information, knowledge and skill to women for development.

• Enhancing access to legal literacy and information relating to their rights and
entitlements in society with a view to enhance their participation on an equal footing in
all areas.

The panel involved in formulation of the policy was of the opinion that if a woman is
given choice in matters of education that is to say, if a woman is asked to give her view
on what kind

of education she wants then the process of education becomes vibrant and the
participants become enthusiastic about learning. The panel further said that 101 , "The
entire range of social, cultural and economic factors that have inhibited women's access
to knowledge, information, education, mobility and justice cannot be tackled through
piecemeal interventions."

The scheme was different from the regular implemented schemes. It's focused on
forming sangha and asking the women their choice of education and preach elementary
education accordingly. It is departure from the traditional mode of teaching. It is made
for those illiterate women and girls who are involved in daily wage labour.

After various brainstorming sessions it was decided that the administration for
development of such scheme needs to be flexible and a complete government set up will
lack such flexibility. Therefore for the success of MSY a need for public private
partnership was felt. But this partnership could not be done with any organization. The
government felt that Registered Societies could execute such a program with more
101
Ibid.

49 | P a g e
efficiency than others. The societies were- under the direct supervision of the
department of Education to ensure free flow of funds. Initially the program was started
in 10 districts where the literacy rate of women was very low. This program started in
the year 1989 and was one of its kinds. It got the best of both models governmental and
non-governmental. The Scheme still continues to innovate and evolve new directions
based on experience and learning. 102 New strategies have been developed by the
Registered Societies working under this Scheme to meet the need and requirement of
the changing society and condition of women. In the newer expansions like Assam,
focus on self- reliance is being built.

The outcome of this program is noteworthy. It has led to development in following

spheres:

• Increase in demand for literacy of women

• Increase in women participation in Panchayatat raj bodies

• Increase in rate of educated women with elementary knowledge of women in rural

areas.

• Increased awareness among women and empowerment of women.

National Program For Education Of Girls At Elementary Level

This program was launched in the year 2003 with the objective of reaching out to the
farthest and hardest of girl child not a part of the formal mechanism of education. The
scheme was formulated to provide elementary education to girls belonging to backward
and underprivileged classes. This Program was later brought under the umbrella
SarvaSikhshaAbhiyan as a component of gender disparity in education. The Scheme
was launched to remove the significant gender gap (up to 30%) which was significant in

102
Supra note 25

50 | P a g e
the schedule caste and tribe. There were enough number of girls dropping out of the free
elementary education provided by the government.

The objectives of the Scheme were as follows: 103

I. To provide projects per block for development of education of girls

II. To facilitate retention of girls for completion of primary education.

Ill. To encourage greater participation of women in the field of education.

IV. To improve the quality of education of girls in order to bring women

empowerment.

V. To strengthen the capacity of National and State run units to improve and
encourage the education of girls.

VI. To include gender sensitization programs and challenges of girl's education.

Vll. To initiate networking between research institutions in order to increase gender

sensitive quality teaching.

Vlll. To break gender-stereotypes.

IX. To build a positive image of women by recognizing their contribution in the

society.

X. To build community support for education of girls.

Xl. To ensure quality elementary education for girls.

103
See, Revised Guidelines for Implementation of National Program for Education of Girls at Elementary
Level.

51 | P a g e
The Scheme was an initiative to curb all sorts of problems arising in the elementary
education of girls. The scheme was applicable to all blocks in a district where the
female literacy rate was less

than the national average. It also applied places where the population .of SC/ST was
significant. The Scheme was strategically framed including mobilization of girls'
education including community teaching and NGO'S. 104 The block was designated as an
unit of planning, monitoring and implementation and an umbrella of plans and
strategies were placed upon it. Projects were made within the block to identify the
number of dropouts and connect to them and convince them to carry on with their
elementary education.

The projects should be based on the conditions of that block and all strategies and
interventions must target both "in" and "out" of school girls (age 6-14 years) within the
block namely: Out of school girls; Drop outs girls; Overage girls, who have not
completed elementary education and Working girls from marginalized social groups
who dropped education for working as a daily wager in order to meet the economic
requirements of their family. Similar activities were not mandatorily taken up by all
blocks.

Kasturba Gandhi BalikaVidyalaya Scheme

The Kasturba Gandhi.BalikaVidyalaya (hereinafter called KGBV) was launched in

August, 2004 by the Government of India. The main purpose of the scheme was setting
up of residential schools at upper primary level for girls. It ran in harmony with other
schemes launched by the government. For the first two years this special programs for
girls ran separately but after April, 2007 it was merged with the SarvaSikhshaAbhiyan
as a separate component of the same. The scheme was for areas where the rural female
literacy was below the national average105 or where the gender gap is more than the

104
Ibid
105
According to the census report of 2001 the national average is 46.13.

52 | P a g e
national average106 or areas where a good amount of girls were out of school. The main
objective behind formulation of this scheme was to reduce the gender disparity in the
field of education. The survey by the panel showed shocking results of gender
inequality in education among disadvantaged and backward groups. The enrolment
trends showed sufficient gaps in enrolment of girls at elementary and upper level of
schooling. The major target of the scheme, were girls from underprivileged class and
those whose family falls below the poverty line. The Scheme was executed through
MahilaSamkhaya at block and District levels.

Incentives For Girls Secondary Education

The Kasturba Gandhi Vidyalaya Scheme was a success. In its first few months of
execution, it initiated formation of 1000 schools for women at Block and District level.
The scheme for Incentives to Girls Secondary Education was launched to promote
education of girls at secondary level. According to the scheme the government would
provide Rs. 3000 to girls who cleared their elementary education and passed class VIII.
The amount of 3000 would be deposited to an account in the name of the girl and she
could withdraw the money after she reached the age of 18 years. It was seen that most
girls belonging to the underprivileged class dropped out of school after completing the
elementary education due to socio-economic reasons. Thus, to encourage secondary
education of girls the government launched a scheme where the girl would get an
amount of 3000 after she completed the age of 18 years and completed her secondary
education. The target group was girls who cleared their class VIII exams from Kasturba
Gandhi Vidyalayas irrespective of their caste. There was a wide publicity of scheme so
as to attract maximum number of girl students and to provide benefit at mass level. A
review of the scheme was planned after 2 years of its execution.

Scheme For Strengthening of Boarding And Hostel Facilities For Girl Students

106
According to Census report 2001 the national average with respect to gender is 21.59.

53 | P a g e
It is a centrally sponsored scheme brought in force with the motive of providing hostel
facility to girls who take admission in secondary level of education. The scheme was
implemented in the year 2004-2005. It was launched with the motive of increasing the
number of girls in secondary education by removing the difficulty of place of staying
and food. Girls from class VI to VII were to be allotted hostels and one hostel had
the capacity to include 150boarders. The scheme was relooked into by TATA
INSTITUTE OF SOCIAL SCIENCES 107 and suggestions were made to revamp the
scheme in order to benefit the girl child in a better way.

The objective was to remove the gender disparity in the field of education especially in
the minority community. The Scheme was intended to build hostels for girl students
from educationally backward community. The intention of the scheme was not just
enrolment but also the retention of girl students so that they complete their secondary
education. The scheme was well motivated towards removing the gender disparity.
Girls belonging to educationally backwards community were eligible to get the benefit
of the scheme. The scheme was implemented with the help of NGO's of state authority
to maintain flexibility and easy monitoring of the development of the scheme.

The scheme identified 3500 blocks which were given the name of educationally
backward block and hostels were to be built with the capacity of 100 girls per hostel.
The KGBV scheme was linked to it and where there was space in the compound used
by KGBV the hostels for secondary education were decided to be built in the same
compounds. Students passing elementary education form KGBV were given preference

107
The Tata Institute of Social Sciences (TISS) was established in 1936 as the Sir Dorabji Tata Graduate
School of Social Work. In 1944, it was renamed as the Tata Institute of Social Sciences. The year 1964
was an important landmark in the history of the Institute, when it was declared Deemed to be a University
under Section 3 of the University Grants Commission Act (UGC), 1956. Since its inception, the Vision of
the TISS has been to be an institution of excellence in higher education that continually responds to
changing social realities through the development and application of knowledge, towards creating a
people-centred, ecologically sustainable and just society that promotes and protects dignity, equality,
social justice and human rights for all. The TISS works towards its Vision through available at:
http://Vvww.tiss.eduJabout-tissioverview/ (last visited on March 24.2017).

54 | P a g e
in order to encourage people to take benefit of the central scheme for elementary
education of girls. In case of absence of KGBV compound hotels were built in the
vicinity recognized and authorized by the government of the state of union territory.

BetiBachaoBetiPadhao

This scheme was launched by the ministry of women and child welfare. The main
objective of the scheme is to save girl child but among other objectives, one is related to
ensure education and participation of girl child. According to research a person's
personality and development is affected by services and entitlements rather facilities
provided to the person. Potential of a girl can be improved by providing proper
education and nutrition. Education is the process of bringing empowerment. Denial of
the right to education is grave violation of human rights rather fundamental rights of
people which might have an adverse impact on the physical,mental and emotional
development of the child. The Scheme talks about taking initiatives to encourage
participation of girls and curb discrimination as it might lead to deprivation and
exclusion from main-stream.

The main objectives of the Scheme are;

i. To create opportunities for education and employment.

ii. To ensure safety, security, mobility and speedy justice.

iii. Monitoring of set targets.

iv. Provide toilets for girls in every school.

v. Provide protective environment in school

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3.2 THE ROLE OF JUDICIARY IN INTERPRETING RIGHT TO EDUCATION
OF WOMEN

The Supreme Court of India has had its own discourse in molding the right to education.
The court in the case of Ashok Kumar Thakur 108 talked about safety at schools and if
we look today there are many cases which come to notice regarding the unsafe
environment provided at schools especially for girl child. The court also said that the
provision under article 21 A talked about infrastructural support but it is the government
who will have to understand the importance of building a safe environment. This part of
the chapter deals with the discourse of the Supreme Court on deciding cases of
employment of women with education related issues.

109
In the case of Rajbala v. State of Haryana the petitioner challenged the
constitutionality of the Haryana Panchayatati Raj (Amendment) Act, 2015 (Act 8 of
2015). The Haryana government came up with a new notification that stating the
eligibility for participation in Panchayatat elections in Haryana. Among other
conditions the government specified that a person should have passed class 10 th
examination or matriculation. The Haryana Panchayat at Act from section 164-175
gives power to the concerned legislature to device rules for qualification of a member of
the Panchayatat. The Haryana Panchayatati Raj Act, 1994 was enacted to bring the then
existing law governing PANCHAYATATS in the State in tune with the Constitution as
amended by the 73rd amendment. As required under Article 243B 110 , a three tier
Panchayatat system at the Village, 'Samiti' and District level is established under THE
ACT with bodies known as Gram Panchayatat, Panchayatat Samiti and Zila Parishad.
Part V Chapter XX of The Act deals with provisions relating to elections to the
PANCHAYATATS111.

108
Supra note 89
109
Writ petition (Civil) no. 671/2015
110
The Constitution of India, art. 2438 Panchayatats: (1) There shall be constituted in every State.
Panchayatats at the village, intermediate and district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayatats at the intermediate level may not be constituted
in a State having a population not exceeding twenty lakhs.
111
id

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The petitioners challenge the Amendment Act principally on the ground that the
enactment is violative of Article 14 of the Constitution. It is argued on behalf of the
petitioners that (i) the impugned provisions are wholly unreasonable and arbitrary and
therefore violative of Article 14 of the Constitution. They create unreasonable
restrictions on the constitutional right of voters to contest elections under the ACT; (ii)
they create an artificial classification among voters (by demanding the existence of
certain criteria which have no reasonable nexus to the object sought to be achieved by
the ACT), an otherwise homogenous group of people who are entitled to participate in
the democratic process under the Constitution at the grass-roots level; and (iii) the
classification sought to be made has no legitimate112 "That the Respondents have passed
the impugned Act and Notification without any consideration, regard or appreciation for
the empirical data pertaining to the number of people that would be prevented from
contesting Panchayatati Raj elections by its actions. That the Respondents' actions have
the effect of disqualifying 56.80% of the population who would need to be
matriculation pass (69,86,197) and 79.76% of the population who would need to be
middle-pass (10,83,052), in order to contest elections. That by its actions, the
Respondents have prevented an overwhelming majority of the population from
contesting elections, in contravention of Article 14, without any regard for
Constitutional principles.

The Attorney general argued that right to contest was a constitutional right but it was
subject to qualifications and disqualifications. The Court upheld the validity of section

112
That the Respondents have passed the impugned Act and Notification without any consideration,
regard or appreciation for the empirical data pertaining to the number of people that would be prevented
from contesting Panchayatati Raj elections by its actions. That the Respondents' actions have the effect of
disqualifying 56.80% of the population who would need to be matriculation pass (69,86,197) and 79.76%
of the population who would need to be middle-pass (10,83,052), in order to contest elections. That by its
actions, the Respondents have prevented an overwhelming majority of the population from contesting
elections, in contravention of Article 14.without any regard for Constitutional principles." [See: Ground
'G' of the Petition]

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175 of the Amended act113and said that there existed a reasonable nexus between the
restriction and the objective sought to be achieved.

In another case where issue was related to fee in medical college Mohini Jain v. State of
Karnataka114 the judgment was made before the right to education was declared to be a
fundamental right by the 86th amendment. The importance of this case is that even
before the existence of right to education as fundamental right the court looked into the
socio economic conditions of the society and said the education gave dignity and a
dignified life was guaranteed by the Constitution. In any step of education whether
elementary of higher the main aim is to provide a dignified life to women and empower
them to be self sufficient and not form the class of backwards in the society.

In the case of State of Karnataka v. Associated management of (govt. Aided and

unaided) secondary and primary schools. 115 In this case the State government of
Karnataka brought a law where in the schools in Karnataka were to impart education in
their mother tongue at elementary or primary level. The court held that provisions 116of
the Constitution of India cannot be used by the state to force linguistic minorities to use
a specific medium of education. It is very important for the development of a child and
her active participation that she does not consider herself to be inferior to others. There
are abundant materials available in English but not in the local language or mother
tongue. Thus, for the development of a child it is important to not confine her to a
particular level instead the state should play an active role in the development of
children.

In this case of Environment and Consumer protection Foundation v. Delhi

117
Administration and Others the petitioner contended that there was lack of
infrastructure facility in schools. This writ petition was file in the year 2004 and

113
Haryana Panchayatati Raj (Amendment) Act, 2015 (Act 80f2015).
114
1992 AIR 1852.
115
SCC 014 (9) SCC 485
116
The Constitution of India, art. 350.
117
Writ Petition (Civil) No. 631 of 2004

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meanwhile in the year 2009 the Right to Education act was passed. The petitioners
contended that low admission in schools for primary education due to lack of basic
human facilities guaranteed by law. Many aided and unaided government schools
lacked necessary facilities like separate toilets for boys and girls.

This Court, therefore, directed the Central Government, appropriate Government and
other competent authorities functioning under the RTE Act to Issue proper
directions/guidelines for its full implementation within a period of six months from the
date of the Page 44 pronouncement of that judgment. This Court also directed all the
State Governments to constitute State Advisory Council within three months from the
date of that judgment. Advisory Councils so constituted were directed to discharge their
functions in accordance with the provision of Section 34 of the RTE Act and advise the
Government in terms of Clauses (6), (7) and (8) of this Court's order. The necessity of
constituting a proper Regulatory Authority for effective functioning of the RTE Act and
its implementation was also highlighted. The Central Government was also directed to
frame rules, in exercise of its powers under Section 38 of the RTE Act, for proper
implementation of the RTE Act. 4. On the basis of directions issued by this Court in this
Writ Petition, some of the States have responded by furnishing the details of
infrastructure facilities available in the schools situated in their respective States. This
Court noticed that some of the schools have not provided proper toilet facilities for boys
and girls and in some of the schools, it was noticed, that there is no provision for
drinking water as well. Detailed interim orders were passed by this Court.

The Court further asked for formation of committee to look into this matter:

Monitoring of child's right to education.- (1) The National Commission for

Protection of Child Rights constituted under section 3, or, as the case may
be, the State Commission for Protection of Child Rights constituted under
section 17, of the Commissions for Protection of Child Rights Act, 2005,
shall, inaddition to the functions assigned to them under that Act, also
perform the following functions, namely:- (a) examine and review the
safeguards for rights provided by or under this Act and recommend
measures for their effective implementation; (b) inquire into complaints

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relating to child's right to free and compulsory education; and (c) take
necessary steps as provided under sections 15 and 24 of the said
Commissions for Protection of Child Rights Act.

The Court in this case held that:

We are, inclined to dispose of this Writ Petition with a direction to all the
States to give effect to the various directions already given by this Court like
providing toilet facilities for boys and girls, drinking water facilities,
sufficient class rooms, appointment of teaching and non-teaching staff etc.,
if not already provided, within six months from today. We make it clear that
these directions are applicable to all the schools, whether State owned or
privately owned aided or unaided, minority or non-minority.

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Graph showing recent status of women education.

The status of women education has improved over the period of time but it is not
satisfactory in comparison to the men.

Why is higher education is required for the women?

Knowledge is a distinguishing characteristic of human beings with a tremendous

capacity to acquire and transfer knowledge from one generation to another, gaining
prominence with advanced science and technology. Higher education is the gateway to
economic security and opportunity particularly for women in India. Women are part of
socio-economic system and they up hold rich cultural and traditional values. Their

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progress is equated with the progress of the nation. From 2000, many Indian women
play a major role in Knowledge Societies as leaders, addressing issues on creating and
adapting information and ideas at an accelerating speed to support economic growth and
improved quality of life in India addressing issues such as Equity, Quality, Relevance
and Access, proving that Indian women with any background becomes a contributing
member of society through learning. The Indian Government has introduced policies
and procedures with the goal of sensitizing the higher education system, recognize
gender equity and increasing the number of women enrolling for higher education.
Higher education for women in India has witnessed an impressive growth over the years
and the Government is pooling resources needed to promote female education at all
levels.
Knowledge is life of every Indian woman. It results with the experience that she gains
from environment and the supporting world around her, which allow her to live as
knowledgeable productive members of the society.

The homely environment with mother's love is the first source of learning for the child a
and an educated mother would create an environment, allowing her children to gather
and analyses information , which helps in adapting to bigger society in future. Critical
thinking and analysis will make the children better members of society. To educate
someone is to deliberately teach them something new and higher education for women
is most powerful means to evolve through/beyond current economic and social
crisis in India and to teach her children the art of thinking and analysis before entering
118
the school for education.

Higher education leads a woman to "Complete living" with:

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1.Self-confidence

Higher Education helps the women not only in gaining knowledge but also enables her
to earn a living.

2. Necessity of life

Money is necessity in maintaining life and education helps in preserving life.

3. Family welfare

An educated woman plays an important role in a family, dealing with both Health care
and financial support to the family.

1. Involvement in Social and political activities

Higher education helps women to have a better understanding of social and political
processes beyond the home in far-reaching social structure and makes her a wise citizen
with effective social and political action.

2. Complete Living

Complete living includes, being physically strong, earning a living, being a responsible
parent and an earnest citizen.

All these are not sufficient for a complete living if a woman does not consider:

a. Ethical Value

b. Spiritual value

c. Social Value

d. Intellectual Values.

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The higher education helps women to be mentally and emotionally stronger and to face
challenges and overcome obstacles in life and to be a complete woman.

Role of Indian Government in promoting gender equity in education

Women constitute around 48% of the total population of India. Equity in education
especially gender equity was one of the major issue in India and there has been a
tremendous growth in women enrolling for higher education since independence (risen
to 42%) , reducing the gender gap in higher education. 14.72% women have enrolled in
professional courses and the highest being in Goa and the lowest in Bihar .

After independence various commissions and committees set up in India advocated its
need for gender parity in all the stages of education. Kothari commission and the
national policy on education and the programme of Action in 1992 put enormous
emphasis on promotion of gender equity in education by reducing the gender gap in
access, retention and transition from one stage to other. The national policy on
education stressed that education will be used as an agent of basic change in the status
of women. In order to neutralized the accumulated disadvantages of the past. The
national policy for empowerment of women has been a remarkable achievement for
women. The year 2001 was celebrated as women's empowerment year, which
recognized women as agents of socio-economic change and development in the country.

Indian Government continues to encourage higher education for women through

programmes like, Indira Gandhi scholarship for single girl child for pursuing higher and
in order to support higher education through scholarships and by constructing women
hostels and by capacity building for women managers in higher education.

Women Leader Women appointed as Chairpersons, Board of Governors of apex

technical education institutes and in National Institutes of Technology (NITS). For the

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first time in the history of IITs, two women scientist nominated on the IIT council.

The following approached have been made during XI Plan,

 To offer training programmes focused on increasing sensitivity to gender issues

in respect of women managers

 To make capacity building a women's movement.

 To involve Vice-chancellors of the Universities or Principals of the concerned

Colleges in the development of the program with capacity building is through activities
like sensitization, awareness, motivation workshops, development and distribution of
resource material, research stimulation workshops, management skill workshops etc.

To improve the Social Group Equity, Government of India had Established Equal
Opportunity Cells (EOC) for SC/ST/ OBC/Minorities. The UGC has assisted
institutions to establish "Equal opportunity Cells" to oversee the effective
implementation of policies and programs for disadvantaged groups and to provide
guidance and counseling in academic, financial, social and other matters. The Cell
would also take up programs to sensitize University/ Colleges on problems faced by
Scheduled Caste (SC) and Scheduled Tribe (ST) categories in higher education.

Government has also established Residential Coaching Academy for SC/ST/ Minorities
and Women in Universities and Colleges and the aim of these schemes is to prepare
students for NET and All India & State Civil Services examinations and UG/ PG level
examinations.

Indian Government has also introduced Post-Doctoral Fellowship for SC/ST and
Women and Post-Graduate Scholarships for SC/ST students in professional courses.

The Udaan program of the CBSE is dedicated to the development of girl child

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education, so as to promote the admission of girl students. About 951 students have
been selected by the CBSE. The aim is to address the teaching gap between school
education and engineering entrance examinations. It seeks to enhance the enrolment of
girl students in prestigious technical education institutions through incentives &
academic support. It offers free online supplementary lessons in physics, chemistry and
maths specially prepared in the form of videos, text and practice tests on a tablet.

PRAGATI - Scholarships for Girl Child for Technical education aims at providing
encouragement and support to girl child to pursue technical education. The scheme
envisages providing a scholarship of Rs. 30000 and tuition fees Rs. 2000 for 10 months
until the duration of the course. 4000 girls will be benefited every year with the
restriction that only one girl per family with income less than 6 lakhs/annum will be
considered. The Candidates will be selected on merit through the qualifying
examination of the State.

The dropout ratio at various levels of education for girls is much higher than that of
boys. Keeping Swami Vivekananda's ideas of women education and to promote girls
education, UGC has introduced the Swami Vivekananda Scholarship for Single Girl
Child for research in Social Sciences with an aim to compensate direct costs of higher
educationespecially for such girls who happen to be the only girl child in their family.

Possible reasons for Indian women opting for Higher Education:

 Encouragement by Government and Society

 Ability to combine studies and work with family life

 Decreasing discrimination against girls in families

 Higher preparation for higher education, (evidenced by the scores in secondary

education)

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  Higher aspirations to obtain tertiary degrees.

 The feminisation of the teaching profession and a learning environment more

conducive to girls' social and cognitive dispositions.

In the words of Mahatma Gandhi, "If you educate the man, you educate the person but
if you educate the woman, you educate the nation". One of the most significant
transformations in education in India over the past several decades is the drastic
increase in women's access to colleges and universities. Formulating and implementing
stringent and powerful laws and policies have addressed the malice of gender
discrimination of Higher Education. Most Indian women, with the possibility of
economic independence, through respectable employment, have becomes an important
earning member of the family. An educated woman has the skills, the self-confidence
and the power to be a better citizen. Women have all the power and capacity as that of
men and they are manifesting themselves amongst different opportunities provided
through higher education.

In the end the researcher would like to conclude this chapter by saying that although the
literacy level has increased in women, it is still not satisfactory in any way. More efforts
needs to be put by the society and the government to achieve satisfactory level of
literacy in women’s

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 CHAPTER -4

CRITICAL ANALSIS OF CURRENT LAWS AND NORM IN RELATION TO

WOMENS RIGHT TO WORK AND EDUCATION

“There are contemporary world challenges, social, political and economic, which if the
system does not meet them will destroy it.These challenges cannot be suppressed or
created but they have toBe met either by discarding or adjusting the ongoing legal
system”

~ LORD SCARMAN

This chapter is an overall critical analysis of the current laws, norm, scheme as well as
the judgments given by the esteem court of this country in relation to the women rights
regarding education and education.

4.1 ROLE OF DIRECTIVE PRINCIPLES IN DEVELOPMENT OF WOMEN IN

THE WELFARE STATE

Most issues related to women were dealt with respect Article 14, 19 and 21. Article 14
and 19 do not cover any fanciful rights. They confer rights which are essential for
proper and effect functioning of democracy. They are universally regarded as Universal
Declaration of Human Rights119. If article 14 and 19 are put out of operation Article 32
will be rendered nugatory. 120 Article 14,19 and 21 together form the golden triangle as it
stands for equality and rule of law clearly forms part of basic structure of the
Constitution and cannot be abrogated.121 Article 21 is the heart of the Constitution it
confers right to life as well as right to choose. Right can be achieved by the means of

119
Supra note 27 at 168
120
M Nagraj v Union of India (2006) 8 SCC 215-216.
121
Supra note 114

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education and self-dependence and employment provides self-dependence. With self-
dependence comes the power to choose. When a person is suppressed by another or is
dependent on another she tends to make compromises but self-dependence makes a
person strong enough to make her own choices. Education is the key to awareness and
awareness helps in deciding what to choose?

Article 15 and 21 read with Article 19 and 14 constitute the core values of the
constitution which if abrogated would change completely the nature of the
constitution.122 Article 14 embodies the principle of non-discrimination. However, it is
not a free standing provision. It has to be read in conjunction with the rights conferred
by Article 21 of the Constitution of India. It refers to right to life and embodies several
aspects of life. It includes opportunity, the authority to choose a way of life and make
decisions. When read together Article 19 and 21 cover various aspects of
life. 123 Fundamental freedoms mentioned under Article are not necessarily and in all
circumstances mutually supportive, although taken together, they weave a fabric of a
free equal democratic society. Free equal society would mean giving freedom of choice
to women. The freedom to work, or to not work; freedom to study and the choice to
study what she wants to study, irrespective of social constraint. Although proper
exercise of rights may have implicit in them certain restrictions and these rights should
be harmoniously construed so that they are promoted with minimum amount of implicit
restrictions.124These rights form a part of natural rights inherent in the status of a citizen
of a free country.

The Directive Principles of State Policy are provided under Part IV of the Constitution
of India. It embodies the aims and objects of the State under the Republican form of
government that is a welfare state.125In the case of Krishan V. State of Tamil Nadu126 it
was observed that DPSP embody aims and object of the state under the welfare society
(the state is no more a police state but it is a welfare society). It also embodies the ideal

122
Id
123
Reliance Energy Ltd. V. Maharashtra State Road Development Corporation (2008) SCC 184, 435.
124
M.H. Devendrappa v Karnataka Small Scale Industries Development Corporation, AIR 1998 SC 1064
125
KesavanandBharati v State of Kerela, AIR 1973 SC 1461.
126
AIR 2005 Mad 311(DB)

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of socio-economic justice127.Initially the Supreme Court paid scant attention towards
DPSP due to its non-justiciable and non-enforceable nature but gradually with the
development of the State, the provisions of Part IV came in to be handy were used as an
important tool for imparting decisions. The Constitution aims at the synthesis of
Directive Principles and Fundamental Rights and DPSP is said to constitute the
“conscience of the Constitution”. 128 Through various decisions the SC of India has
given directions to the Government to use the potential and capacity of DPSP to the
fullest and to take positive action to remove grievance which have been caused by non-
implementation of the Directive Principles. 129 “It provides that the state shall promote
with special care the educational and economic interest of the weaker section of the
society.130 …” Women are considered to be a weaker section of the society and this
article provides for upliftment of education and employment of women (who form a
considerable part of the backward class of society). The courts may take the aid of
Directive Principles in interpreting a fundamental right and adopt the principle of
harmonious cooperation to give effect to both instead of rejecting DPSP altogether
when faced with Fundamental Rights.131

The frames of the Constitution among had one dominant objective in view and that was
to improve the condition of common man and bring about socio-economic
transformation based n the principles of social justice. This part of the constitution was
designed to bring about special and economic revolution that remained to be fulfilled
after independence. The aim was to guarantee civil liberties to all and just to a particular
class of people. The Constitution visualizes the society as whole and contemplates that
every member should participate in the freedoms guaranteed. It is not possible to attain
or achieve the welfare state contemplated in the Constitution without faithfully
implementing the Directive Principles.132 A society like ours, struck by poverty and
gender discrimination cannot realize human rights cannot attain human rights in true
127
Union of India v. Hindustan Development Corporation, AIR 1994 SC 988.
128
Dr. L.M Singhvi, Constitution of Indian 1795 (Thomsan Reuters, New Delhi, 3 rdedu, 2013)
129
Comptroller and Auditor General of India v K. S. Jagganathan, AIR 1987 SC 537.

The Constitution of India, 1950, art 46.

130

131
A.B.S.K Sangh v. Union of India, AIR 1981 SC 298.
132
Supra note 3 at 1804

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tense without satisfying the minimum economic and educational needs of the citizen.
Any government which fails to fulfill the pledge taken under the Constitution cannot be
said to have been faithful to the constitution and its commitments. 133 It would be
appropriate to understand the details of welfare state before venturing into the efforts
taken by the State to fulfill the demands of welfare state. The Welfare state is an
institutional outcome of an assumption by a society of legal nature and therefore formal
and explicit responsibility of basic well-being for its members lies upon the state. The
underlying principle of welfare state has been derived from various sources like the
notion of liberty, equality and fraternity were carved out from the French Revolution,
the utilitarian theory was English Jurist Bentham’s brainchild, the renewed concept of
equality and rejection was taken from the teachings of Tawney.

Whatever the origin be the term welfare state came into general use in the year 1945.
The State no more remained a mere police state guarding law and order but attained
greater responsibility. The Sovereign, Socialist, Democratic, Republic of India has to
establish as egalitarian social order under the rule of law. The traditional function
partake the character of sovereign measures and the traditional duty to maintain law and
order is no longer the function of the state. There is also a concept to maintain welfare
society which is slightly different from the idea of welfare state. A welfare state is what
the Parliament and or the legislature has decreed and the government does where as a
welfare society is one which the people do, feel and think about matters which bear on
general welfare. 134 The concept of welfare state involves much more than the social
service.

The Maternity benefit Act, 1961 indicate that they were wholly in consonance with
Directive principles as set out under Article 39 and 42. The Act not only allowed
women in regular working jobs maternity benefits but also extend to those who were in
part time employment. 135 Given, glaring gender inequalities of income, the major
concern of the welfare state should be to achieve distributive justice. The State can take
measures like improved labor policy or any kind of affirmative action or facilitating

133
Supra note 118
William A Robson, welfare State and Society 7(Oxford University Press, London, 1976).
134

135
Supra note 39

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movements enabling bargains on equal terms of employment or minimum wage rule or
even by providing a platform for education of women who belong to the
underprivileged class. Compulsory rather social education is the means to meet the need
for the economically backward. It is the duty of the state to ensure minimum conditions
of human dignity for women and children. 136The right to live with human dignity free
from exploitation enshrined under Article 21 derives its essence from Directive
Principles contained in 39(e), (f), 41 and 42 and therefore must include protection of
health of women, conditions of dignity and freedom, educational facilities, just and
humane conditions and maternity benefit.137It is well established principle of law that
mere possibility or likelihood or abuse of power does not make a provision of law bad
or ultra vires. 138 The SC will not monitor implementation of a social welfare
implantation of social welfare legislation unless the same is discriminatory or
arbitrary. 139 Women are most delicate emotionally but they also have great enduring
capability, probably this one reason that their rights have always been violated and they
have been exploited in this patriarchal society.

Even after so many years of independence and after many affirmative attempts, the
condition of women has not improved much. The histories reveal a long list of tragedy
and suppressed lifestyle of men and this is one reason which has turned women to be a
part of the socially and educationally backward mass irrespective of the caste and class.
Women,today stand for a better than fitty percent chance of being seriously assaulted,
raped or, sexually molested140 The ones who have not been subjected to it constantly
live under the fear. Gender justice is still a myth. Article 2 of the Convention on the
Elimination of all Forms of Discrimination against women is as follows: Article 2:
Violence against women shall be understood to encompass but not to be
limited 141 merely to sexual, mental, psychological or any form of abuse only in the
household but also extends to any form of abuse at place of education and work. Justice

136
Vikram Dev Singh Tomar v State of Bihar, AIR 1988 SC 1782
137
BandhuaMuktiMorchav Union Of India, AIR 1984 SC 802.
138
Raja Ram Pal v Hon’ble Speaker Lok Sabha (2007) 3 Scc 184, 443
139
Supra note 1 at 170
140
JagdeeshSwarup, Constitution of India 1830 (Thomsan Reuters, New Delhi, 3'4 edn, 2013)
141
PragatiVerghese V. Cyril GeogeVerghese, AIR 1997 Born 349.

72 | P a g e
V.K Krishna Iyer once said that Constitutional Law is the meeting point of politics and
justice and the source of Constitutional Law is the Constitution itself. The Constitution
of India provides for equal opportunity to the female members of the society. It’s not
just under Article 14 and 21 but under the Part IV of the constitutionwhere it is
written expressly and does not have to be read into or interpreted using different logic
.

4.2THE IMPACT OF LEGISLATIONS RELATED TO RIGHT TO WORK

AND EDUCATION UNDER THE DPSP ON SOCIO ECONOMIC CONDITION
OF WOMEN.

India is a tradition bound society in which division for labor initially was believed to
have been degenerated into an ugly form of casteism. This was a discrimination against
a class of people but with the passage of time this caste based discrimination diluted a
little but the space it created did not remain vacant for a long time soon it was filled
with gender based discrimination.

This gender based discrimination was even worse as it did not consider the caste
hierarchy. Inherent contradictions and incongruities, which consisted discrimination
against women was perhaps practiced it right from the beginning of human
civilization142.Such discrimination created a big void and therefore suppressed the idea
of liberty, integrity, unity and fraternity. This condition of the society promoted vested
interest, selfishness, opportunism and a subtle hatred between genders. A woman who
was so maltreated and derived that at times doubt her being on belonging to the human
species who has found her existence insignificant and was made to believe that she had
no role to play but to lead an animal life, serve and die .143
Discrimination against women in the field of work was made irrespective of class or
caste.

142
KL Bhatia(ed), Social Justice and the Indian Constitution 331 (Deep and Deep Publication. New Delhi.
l994) 136 Id. at 57.

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This discrimination was in the form of less pay to women limiting her sphere of work
and gradually it took an ugly from of harassment at work by the male employer .This
harassment was both physical as well as psychological in nature. Physical wounds still
heal with time, but psychological wound at tome stay for a life time. It is difficult rather
impossible for people except a system which is not based to justice and does not
concede basic human right to people irrespective of caste, class and gender . There
should be a halo of credibility around the system to make the people specially woman
feel protected and secure. It must attract and not repel by incurring the benefit to
common man .A system of injustice breeds contempt and hatred. The Indian legislative
and the judicial system have played a notable rather plausible part on this regard. The
legislature had made abundant laws for development, safety and security of women at
work place and the judiciary by its timely decisions made these rules, bylaws, acts
stronger in nature . In the case of Kesear Bahadur144 the court quoted justice Berne of
the American supreme court who said that:

Nothing rankles more in human heart than a breeding sense of injustice. Illness we can
put up with but injustice makes us want to pull thing down. When only the rich and
powerful can enjoy the law as luxury and the poor and weak and backward cannot have
it even if he needs it most, cannot have it because its expense puts it beyond the reach,
the threat to the continued existence of free democracy is not imaginary but very real,
because democracy’s very life depends upon making the machinery if justice so
effective that every citizen shall believe in and benefit by its impartiality and fairness.

In this present world of globalization when the world has become a global village and
women account for one half of the world their development and safety at the place of
work is important and so the free of choice of work important.

The recent case of charukhirana 145 s very welcoming, in this case a female was
permitted to be a makeup artist but was forbidden to enter into the shoes of makeup

143
Id. At 57
144
Kesar Bahadur Thapa v. State of Skkisim, Ar 1985 Sikkim 5
145
CharuKhurana v. Union of India, 201 SCC Online SC 900.

74 | P a g e
artist and pursue it as a profession as the occupation of makeup artist was reserved for
men. In this case the court highlighted the following points.

The present writ preferred under article 32 of the constitution of India, exposes with
luminosity the prevalence of gender inequality in the film industry, which compels one
to contemplate whether the fundamental conception of gender empowerment and
gender justice have been actualized despite number of legislations and progressive
outlook in society or behind the liberal exterior, there is a façade which gets un curtailed
on apposite discernment.

The case was taken up on the up on the issue of discrimination of gender. Article 39 A
in part IV of the constitution that deals with Directive principles of state policy,
provides that the state shall direct its policies towards securing that that the citizens ,
men and women equally , have the right to adequate means of livelihood . Clause (d) of
the said article provides for equal pay for equal work for both men and women and
clause € stipulates that health and strength of workers, men and women and the render
age of children are not abused and that citizens are not forced by economic necessity to
enter into avocations unsuited to their age or strength .

In this case the Apex court also talked about the importance of Directive principles. The
single judge in the case of charukhrana146 quoted that in the case of Minerva Mills LTD
v. Union of India. 147

The constitution Bench has found that the Fundamental Rights and the Directive
Principals are the two quilts of the chariot in establishing the egalitarian social order.
In Society for Unaided Private Schools of Rajasthan V. Union of India and Another 148,it
has been held that the Court is required to interpret the Fundamental Right in the light
of the Directive Principles. The said principal was reiterated by the Constitution Bench
in Paramati Education and Cultural Trust(Registered) and Other v. Union of India and

146
Ibid
147
(1980) 3SCC625
148
(2012) 6SCC 121.

75 | P a g e
others149. The Court further took note of the recent incident at the RamlilaMaidan to the
clear the above-mentioned context and said:

While these are the guaranteed fundamental rights, Article 38, under the directive
principles of State policy contained in Par IV of the Constitution, places a constitutional
obligation upon the State to strive to promote the welfare of the people by securing and
protecting, as effectively as it may, a social order in which justice- social, economic and
political- shall inform all the institutions of the national life. Article 37 makes the
directive principles of State policy fundamental in the governance of the country and
provides that it shall be the duty of the State to apply these principles in making laws.
With the development of law, even certain matters covered under this Part relating to
directive principals have been uplifted to the status of fundamental rights, for instance,
the right to education. Though this right forms part of the directive principals of State
policy, compulsory and primary education has been treated as a part of Article 21 of the
Constitution of India by the courts, which consequently led to enactment of the Right of
Children to Free and Compulsory Education Act, 2009.

The court further said that:

The Purpose of referring to the same is to understand and appreciate how the
Directive Principles of State Policy and the Fundamental Duties enshrined under
Article 51A have been elevated by the interpretative process of this Court. The
Directive Principles have been regarded as soul of the Constitution as India is a
welfare State. At this juncture, it is apt to notice the view expressed by a two
judge Bench of this Court in Ashoka Smokeless Coal India (P) Ltd. V. Union
ofIndia150wherein it has been laid down that the Directive Principles of State
Policy provide for a guidance to interpretation of fundamental rights of citizen
as also the statutory rights.

The court has shown a very positive attitude towards the exercise of Directive
Principles. The Directive Principles of State Policy though not enforceable have such a

149
(2012) 6 SCC 102
150
Ashoka Smokeless Coal india (P) Ltd. V. Union of India, Appeal (civil) 5302 of 2006

76 | P a g e
positive and strong affect that to fulfill the promises of social development as
mentioned under the Part IV of the Constitution, new provision like Tight to education
under part III are incorporated into the Constitution of India. But this is not how the
court always felt. As mentioned in the earlier chapter related to employment the apex
court of the country where the court gave a judgment against the women’s right to
work. Sexual harassment at work will come into existence when women are given the
right to work. In many industries like mining et al women are denied entry. Even the
Indian army recognized the feminist Power very late. It was only after 1992 that women
were allowed to apply for armed forces job. It took around half a century for women to
get their worth acknowledged in an independent, socialist, democratic country of ours.
Serving the nation is something which every honest and devote citizen would like to do
if given a chance. But women were denied this right on the face of it. Even after
allowing women in the army they are not given the privilege of permanent commission.
They unlike their male counterparts do not get pensions and other medical benefits after
retirement151.

Sexual Harassment at work

Sexual harassment at work is a form of sexual discrimination. It can be verbal or

physical sexual overtones whether directly or by implication. Such behavior creates an
intimidating and hostile environment at work. It is true that women have faced much
discrimination and violation at work. Initially in the absence of law the Supreme Court
used Directive Principle for protection of rights of women rather the integrity of
working women. In other words we can say that in the absence of enacted law to
provide for effective enforcement of basic human right of gender equality and
guarantee against sexual harassment at work, the apex court laid down certain
guidelines to be followed till a proper enactment comes into force and this shall be

151
Women in the Indian army, available at http//www.hindstantimes.com/India/women-in-india-armed-forces-
challenges-triumphs-and-male-response/story-q8fz7kJwCLGpx97aig9MCM.html(last visited on 26 ndMarch, 2017)

77 | P a g e
treated as a law promulgated by SC under 141 of the Constitution of India.152 In the
case of RupamDeol Bajaj v K.P.S. Gill 153 the court up did not held the dignity of
women. The court did not allow the police officer to take advantage of his power and
post and escape after sexually abusing a female police officer.

In the case of Vishakha v State of Rajasthan154, where a women was gang raped in a
village of Rajasthan while doing her work for an NGO, makes the most appropriate
illustration for sexual harassment at work. In this case the Supreme Court laid down
certain guidelines to be followed at the place of work. In this case, the CJI said that
“This Writ Petition has been filed for the enforcement of the fundamental rights of
working women under Articles 14,19 and 21 of the Constitution of India in view of the
prevailing climate in which the violation of these rights is not uncommon”.

He further added that:

There is an increasing awareness and emphasis on gender justice, there is increase in the
effort to guard such violations; and the resentment towards incidents of sexual
harassment is also increasing, The present petition has been brought as a class action by
certain social activists and NGOs with the aim of focussing attention towards this
societal aberration, and assisting in finding suitable methods for realization of the true
concept of 'gender equality'; and to prevent sexual harassment of working women in all
work places through judicial process, to fill the vacuum in existing legislation. The
incident reveals the hazards to which a working woman may be exposed and the
depravity to which sexual harassment can degenerate; and the urgency for safeguard by
an alternative mechanism in the absence of legislative measures. Each, such incident
results in violation of the 'fundamental rights of 'Gender Equality' and the 'Right of Life
and Liberty'. It is clear violation of the rights under Articles 14, 15 and 21 of
Constitution. One of the logical consequences of such an incident is also the violation of
the victim's fundamental right under Article 19 (1)(g) 'to practice any profession or to

152
Vishakha v State of Rajasthan, AIR 1997 SC 3011
153
AIR 1996 SC 309.
154
Supra note147

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carry out any occupation, ,trade orbusiness'. Such violations, therefore, attract the
remedy under Article 32 for the enforcement of these fundamental rights of women.

Apart from Article 32of the Constitution of India, we may refer to some other provision
which envisage judicial intervention for eradication of this social evil. Some provisions
in the Constitution in addition to Articles14, 19(1)(g) and 21, which have relevance are:

Article 42: "42, Provision for just and humane conditions of work and maternity relief -
The State Shall make provision for securing just and humane conditions of work and for
maternity relief.”Article51A: “51A.Fundamental duties. It shall be the duty of every
citizen of India, - (a) to abide by the Constitution and respect its ideals and institutions
(e) to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women:

Gender equality includes protection from sexual harassment and right to work with
dignity, which is a universally recognized basic human right. The International
Conventions and norms are, therefore, of great significance in the formulation of the
guidelines to achieve this purpose.

The Supreme Court laid down certain guidelines to be followed:

It is necessary and expedient for employers in work places as well as other responsible
persons or institutions to observe certain guidelines to ensure the prevention of sexual
harassment .of women:

1. Duty of the Employer or other responsible persons in workplaces and other

institutions: It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts of sexual.
harassment and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment by taking allsteps required.

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2. Definition: For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as : a) physical contact and
advances; b) a demand or request for sexual favours; c) sexually coloured remarks;d)
showing pornography; e) any-other unwelcome physical verbal or non-verbal conduct
of sexual nature. Where any of these acts is committed in circumstances where under
the victim of suchconduct has a reasonable apprehension that in relation to the victim's
employment or work, whether she is drawing salary, or honorarium or voluntary,
whether in government, public or private enterprise such conduct can be humiliating
and may constitute a health and safety problem, It is discriminatory for instance when
the woman has reasonable grounds to believe that her objection. would disadvantage
her in connection with her employment or , work including recruiting or promotion or
when it creates a hostile work environment. Adverse consequences might be visited if
the victim does not consent to the conduct in question or raises any objection thereto.

3. Preventive Steps: All employers or persons in charge of workplace whether. in the'

public or private sector should take appropriate steps to prevent sexual harassment,
without prejudice to the generality of this obligation they should take the following
steps: (a) Express prohibition of sexual harassment as defined above at the work place
should be notified, published and circulated in appropriate ways. (b) The
rules/Regulations of Government and Public Sector bodies relating to conduct and
discipline should include rule/regulations prohibiting sexual harassment and provide for
appropriate penalties in such rules against the offender. (c) As regards private
employers steps should be taken to include the aforesaid prohibitions in the standing
order sunder the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate
work conditions should be provided in respect of work, leisure, health and hygiene to
further ensure that there is no hostile environment towards women at work places and
no employee woman should have reasonable grounds to believe that , she is
disadvantaged in connection with here employment.

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The Court issued as in as ten binding guidelines to be followed by employers at the
workplace for safety of women. In the Judgment the court directed that these guidelines
should be strictly observed for preservation and enforcement of working women.
The state has brought into force many schemes for the development and safety of
women at work place but a lot need to be done still. The issue is not just safety but the
freedom to choose to work. The State must provide enough opportunities to women so
as to encourage them to join the working force of the country. The government has
implemented several schemes for programs for welfare of rural as well as Urban work
force. The schemes need to be executed properly in order to give a positive effect. It's
not just the government the judiciary had also dealt with this in an affirmative manner.
The right of women to work has been developed also through contestation. Many
cooperative organizations like AMUL, SUDHA, LIZZATPAPA Dhave come into being
and they take women labourers. The job does not involve any derogatory work and also
helps in women empowerment. The approach of SC has also changed in matters of
women employment has also changed. In the case of Nergesh Meerza155the court denied
any- kind of discrimination under Article 14 of the Constitution of India but in a similar
case tiled by airhostess with respect to their employment156the apex court said that the
provision for termination of job in case of marriage did not violate Article 14 of the
Constitution of India but it is not just this. It violates the guidelines of socio-economic
justice provided by the Constitution of India. In the recent case of Charu
Khurana157also the court discussed the provisions of Part IV of the Constitution of India
in deciding the matter relating to employment' of women as a hairstylist in the makeup
industry.
Education is the key to knowledge and knowledge to awareness. It 'is one of the most
important components in the development of a human and in this respect of a woman.
There is deep history of non education of women in India. They were always
suppressed and treated as house helps. After Independence the government worked
towards the betterment of education of women in the country. National Commission on

155
Supra note 44
156
Air India Cabin Crew Association v Yeshawine Merchant And Ors 2004 AIR (SC)187
157
Supra note 140.

81 | P a g e
Education was formed and they provided for affirmative action in the form of
reservations and special provisions to encourage education of women in the country.
The Nation Commission on education, 1988 focused mainly on the education of women
in the county. The commission talked about dealing with every sphere of education.
Many government schemes were introduced to encourage the education of women in
India. The biggest is the Sarva Sikhsha Abhiyan which is blanket legislation and covers
all the other schemes. The Mahila Samkhya Yojana is a wonderful piece of legislation
which deals with education of girls and women. It deals with primary level of education
within a block. It includes the opinion of those and incorporates suggestions given by
the students as a teaching method. The scheme also provides that If a girl continues her
education after the primary level and opts to go for secondary level education then an
amount of rupees three thousand shall be deposited into their account which they can
avail at the end of their course. The government also has launched schemes to provide
hostel to these students. Apart from these schemes of free education, the government
has also launched schemes for giving scholarship to under privileged girls of SC/ST
community. The schemes if we 'look at them and analyze provided a lot to encourage
the education of women but making a scheme is not sufficient in itself, what needs to be
done is monitor the proper execution of these schemes. The government in many cases
has tried to take help of NGO's in execution of the scheme but the basic problem of
monitoring still remains the same. The other major problem with these schemes is that
there is not proper advertisement of these schemes. The people who should be told
about these attempts made by the government for their benefit are unaware of such steps
taken by the government. The underprivileged class does not have means or resources
to be updated with such scheme. The problem of pulling in the right mass who can
benefit from such schemes of the government rather the ones for whom it is made are
unaware of such development and this issue needs to resolved at the earliest else it is a
total waste of resources. The other problem is of drop out from these institutions. The
parents enroll their daughters in these institutions but as they belong to underprivileged
background when there come any kind of economic crisis they drop their daughters out
of the school providing free primary education and seek employment for them(Odd jobs

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which does not require skill). Such drop out makes the entire effort a mere futile
exercise. The object remains unfulfilled but the resources are wasted in vain.

The Apex court has also taken the concept of education very seriously. Recently in the
case of Rajbalav.State of Haryana 158 where the contention was to have a minimum
educational requirement of Class X for contesting the post in panchayat at elections was
upheld by the Supreme Court. The case primarily was over the constitutional right of
contesting an election but the issue of education formed the underlying basis. The Court
through its ruling gave importance to education. The issue of Panchayatat is the perfect
example of inter relation of work and education of women. The government in order to
promote and empower women took an affirmative action and reserved the one third of
the seats in panchayatat election for women. The new amendment by Haryana
government can be seen as an indirect measure to force people to educate women. In the
rural part of India, panchayatat elections hold a very sacrosanct position. They are a
mode of showing power and progress but this progress was an illusion. The women
were made to contest the elections and the male of the family treated her like a doll and
took decisions in her name. The women still remained uneducated and the actual
purpose of women empowerment and giving them the option of choice and liberty was
never fulfilled. This decision of the court has been cursed by many people on various
grounds but in the researchers opinion this is a commendable step and necessary to
ensure education of women in the rural areas atleast.

4.3 RIGHT TO WORK AND RIGHT TO EDUCATION: THE INTERLINK

In a developing society like India, good education generally is presumed to be the first
step of a good job. The idea of government to provide free primary education till the
age of fourteen years does not include the minimum qualification of class tenth or
matriculation, A simple reason of underprivileged people to educate their children is to

158
(2015) 43 SCD 171.

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give them a better life and restrict rather prevent them from leading an inhuman life in
the lack of resources. Article 46159embodies the concept of distributive justice which
calls for removal of economic and educational inequalities. Distributive justice
comprehends more than achieving lessening of inequalities by methods of lessening
debts, direct regulation of contractual transactions or by forbidding certain
transactions160The economic independence rather economic empowerment of the poor
and backward class of women in the society as enjoined under article 46 is a
constitutional objective basic human and fundamental right to enable laborer. 161 The
Constitution talks about primary and secondary education but what is the motive behind
providing free primary education till the age of class eight. If the reason is to build
scientific temper then that is also not being fulfilled. Till class eight especially in
government school the syllabus is not is not as such very extensive. If the motive is to
build the basic scientific aptitude then it definitely solves the purpose. An initial know-
how of the reasons behind changing seasons, day and night, first aid and other basics
can be taught. Calculations are required in daily life from buying vegetables to
analyzing house expense; the aptitude for this can be developed by teaching regular
economics. If the purpose of the government is to achieve all this then it is a fruitful
exercise and utilization of resources but if the government intends to develop this
targeted then the exercise is quite futile and resources wasted. This education will not
help this class of women get a service class job rather a government job as any job even
of a clerk requires education till class 10th.Work plays a very important part in uplifting
the socio-economic status not just of a person but also his entire family. The schemes of
the government are launched for these families who generally cannot afford the expense
of education and due to lack of funds send their daughters for odd jobs or these girls are
forced to work as daily wage laborers. If the free primary education does not lead to a

159
The Constitution of India, art.46: Promotion of educational and economic interests of Scheduled
Castes Scheduled Tribes and other weaker sections.The State shall promote with specialcarethe
educational and economic
interests of the weaker sections of thepeople, and, In particular, of the Scheduled Castes and the
Scheduled Tribes and shall protect them from social injusticeand all forms 0f exploitation.
160
LingappaPochanna v. State of Maharashtra.AIR 1985 SC 389(398).
161
Jagawant Kaur Sing v State of Maharashtra, AIR 1952 Bom 461.

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service class job then there will be no motive for indulging time in an activity which is
not fruitful. If getting free education means working as a daily wage labor eror doing
some skilled labor in a small scale industry then spending fourteen years of life behind
education will not bepreferred.The real question is what true intent of the government
isDevelopment of socioeconomicnature for the lower strata of the society is incomplete
without giving them the powerto make choice of their own future. Their right of self
determinationis never acknowledged bythem. If the scheme of the government is not
providing results as desired by those availing it, then there are chances that these people
for whom it has been developed might not be attractedtowards and withdraw their
participation. And the ultimate aim of providing good employmentthrough education in
order to move towards a more developed society.

4.4 THEAPPROACH OF THE SC TOWARDS DPSP IN DECIDING CASES

RELATED TOWORK AND EDUCATION OF WOMEN

The Articles included in Part IV, of the Constitution contains certain directives which
shall befollowed by state both in the matter of administration and in the matter of
making of laws. Thearticles contained under Part IV embody the aims and objectives of
the state under the republicanform of government that is it is not a police state but a
welfare state.162 Initially the decisionstaken by the Supreme Court paid less attention
towards Directive Principles as they paid lessattention to the Provisions under Part IV
because of their non justifiable and non enforceable character. The Supreme Court at
the earlier stage considered Directive Principles inferior to Fundamental Rights and
probably this was one reason which prohibited the court to consider the socio economic
justice guaranteed by Directive Principles in the case of Nargesh Meerza163 and decided
the case on the tenets of Article 14 and ruled against women. The subsequent decisions
of the Supreme Court changed this trend and a· new trend came into being. In the case
ofKesavanandBharativ.State of Kerela 164 , a thirteen member bench of the Supreme

162
Supra note 120
163
Supra note 120
164
AIR 1973 SC 1461

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Court said that there was harmony between Directive Principles and Fundamental
Rights because they supplement each other in aiming at the same goal of bringing about
a social revolution and establishment of welfare state, which is envisaged in the
preamble to the' Constitution. The Constitution aims at the synthesis of the two and part
IV constitutes the heart of the Constitution and together they form the core of the
Constitution.165They are not exclusionary but complimentary to each other.166The Court
further said that the legislations enacted by the State to remove inequalities and bring in
distributive justice. 167 After the decision of Kesavanand-Bharati.State of Kerala the
view of the court changed and it has been issuing directions to the government and the
administrative authorities to take positive action to remove grievances which have been
cause by non-implementation of the Directive Principles.168

The Court further said that the provisions of Part IV may not be enforceable but they are
fundamental in the governance of the country and it shall be the duty of the state of
apply them in governance of the country. 169 The State shall strive to promote" the
welfare of the people by securing and protecting as effectively a it may a social order in
which justice, social, economic and political shall inform all institutions of the national
life.170

The latter approach of the Court enhanced the utility of the Directive Principle
interpretation of the Constitution, The court further held that it may take the help of
directive Principles in interpreting a fundamental right and adopt a construction which
makes the right containing Directive Principle instead of rejecting it all together.171They
should adopt the principle of harmonious construction so as to give effect to both as

165
Markandeyav.Stale of Andhra Pradesh, AIR 1989 SC 1308.
166
J.P. Unnikrishnanv.Stale of Andhra Pradesh.AIR1993 SC 2178
167
L.PAppealwarv. Stale of Maharashtra, A.LR1985 SC 389.
168
Comptroller and Auditor General of India v. K.SJagannathd«, AIR 1987 SC 537
169
P.M. Shetty v. State Karnataka, AIR 1939SC 100.
170
ThcConstitution of India. 1950 art 38(I)

171
MohdHanif Qureshi v. Stale vBihar, AIR 1958SC 731.

86 | P a g e
much as possible172. Even to the extent of reading Directive Principles into fundamental
rights 173 because DPSP entail a body of socio economic justice as assured in the
Constitution. The provisions of part III arc to be read with regards to the Directive
Principles and the Preamble. Initially there was an issue regarding the Primacy of Part
III and Part IV of the Constitution. The unanimous ruling in the case of Kesavanad
Bharati v. Union India174is the one where the court very wisely did a collective reading
of the Directive Principles in the fundamental rights and said:

Our founding fathers were satisfied that there is no anti-thesis between the Fundamental
Rights and the Directive Principles. One supplements the other. The Directives lay
down the end to be achieved and Part III prescribes the means through which the goal is
to be reached. Our Constitution does not subscribe to the theory that end justifies the
means adopted. The Counsel for the petitioners urged that the Fundamental Rights are
not the cause of our failure to implement the Directive Principles.According to him.It is
not the Constitution that has failed as: but we have failed to rise to its expectations. He
urged that the attack against Fundamental Rights is merely an alibi and an attempt to
find a scape-goat on the part of those however unable or willing to implement the
Directives. These allegations are denied on behalf of the Union and the States. It was
urged on their behalf that interpretations placed by the courts on some of the Articles in
Part III of the Constitution have placed impediments in the way of States, in
implementing the Directives. These Controversies are not capable of being decided by
courts.

In the case of A.S. Krishna v. State of Madras175where it was held that the due process
clause in the American Constitution could not apply to our Constitution. In this
connection Venkatararna Ayyar, J. Observed thus:-

172
Ibid
173
Ibid
174
Kesavanand Bharti v. State of Kerala AIR 1973 SC 1461.
175
1957 AIR 297 1957 SCR 399

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"The law would thus appear to be based on the due process clauseand it is
Extremelydoubtful whether it can have application under our Constitution."

The approach of the Court towards Part IV has changed from independence till today.
The approach which the court took initially which was that they considered fundamental
rights above directive principles and did not use these principles of social justice
mentioned in there in deciding the cases but with the passage of time the basis of
interpretation changed and the concept of social justice came into regular use, the cases
of labor and work of women began to be decided in the light of directive principles and
not just on the tenets of Article 14 and 19 of the Constitution.

Another issue with the existing system of work and education is that the schemes of the
Government are made for people who cannot afford elementary level of education or
education at all. The basic reason behind getting education for these families is not
awareness but a hope to increase their economical and social standard. The government
policies in its very basis provide free education till the age 14 years which can hardly be
till class eight, The education till class eight can only bring basic awareness but cannot
provide a job of secretary, clerk or any better position. The basic aim is to develop the
socio-economic condition of those families and not just provide awareness. The present
policy formation does not support the interlink of work and education in India. The
Directive Principles have over the period of time played a significant role in the
development and empowerment of women and helped the supreme court to work on
theguidelines in order to provide social justice. In the recent cases of Rajbalav. State
ofHaryana176

The supreme decided the case keeping the ultimate goal of social justice in picture.
Social justice for women can be achieved by empowering them and no empowerment
can be achieved without education and economic independence. Both of these are
equally important and cannot be substituted for another. They go hand in hand in the

176
1957 AIR 297.

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Indian context. The imitative of social change mainly rests with the legislature. The
policies of legislature should and must be framed ina way to honor the provision of the
constitution. The provisions of equal pay and equal work are provided under the
directive principles. In the case of Sita Devi and others v. State of Haryana and
other177the case was of equal pay on the basis qualification, the court held that:

It was held that distinction made on the basis of technical qualifications or for that
matter even on the basis of general educational qualifications relevant to the suitability
of the candidate for public service is permissible under the said articles Indeed,in that
case both the matriculate and non-matriculate tracers formed one single category with
one single pay scale earlier. It was only at a later stage that a distinction was made
between matriculates and non-matriculates, which led to the said proceedings. This
Court proceeded on the assumption that both matriculates and non-matriculate tracers
"were doing the same kind of work,” yet the classification made was upheld as
permissible under Articles 14 and 16 of the Constitution.
Distinction on the basis of educational qualifications has been upheld as valid by this
Court in a large number of cases since.

In another case178 the Supreme Court talked about protection of women at work place
and said that:
As a largest democracy in the world, we have to combat violence against women. We
are of the considered view that the existing laws, if necessary, be revised and
appropriate new laws be enacted by Parliament and the State Legislatures to protect
women from any form of indecency, indignity and disrespect at all places (in
theirhomes as well as outside), prevent all forms of violence - domestic violence,
sexualassault sexual harassment at the workplace, etc; and provide new initiatives
foreducation and advancement of women and girls in all spheres of life. After all they
have limitless potential. Lip service, hollow statements and inert and inadequate laws

177
AIR1996 SC 2764
178
MedhaKotwalLelev. Union of Others AIR 2013 SC 93.

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with sloppy enforcement are not enough for true and genuine upliftment of our half
most precious population - the women.

It can be said that the Directive Principles have played a very important role in the
development, upliftment and empowerment of women following the object of
socialjustice. The Indian Judiciary has changed its outlook towards DPSP and has
begun toutilize this important tool in the matters related to education and employment
of work.

4.5 INDIAN WOMEN ARE RAPIDLY LEAVING THE WORKFORCE

According to an article by the Hindustan times last year Indian women leave work more
frequently than any other women in any other country, the article is given below with
the graph as to understand why thus the same happens.

Indian women are leaving the workforce in droves. Since 2005, the percentage of
working-age Indian women who participate in the labour force has dropped by 10
percent, the largest drop of any country in the world during the same time period,
according to data from the International Labour Organization.

The exodus of Indian women from the labour pool undermines the popular narrative of
a modernizing India, where women are free to enter public life as the country sheds its
patriarchal past. It also calls into question the effectiveness of the government’s recent
efforts to promote gender equality.

In April, Prime Minister Narendra Modi himself made the case for women in the
workplace. “If the capacity of women is built, and they are linked with the development
process, then the development of any country is speeded exponentially,” Modi told the
Press Trust of India.

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By that measure, India’s development ought to be speeding in reverse. Between 1990
and 2005, the percentage of working-age Indian women in the workforce rose from 35
percent to 37 percent. In the last decade, however, the country has reversed course, with
female labour participation declining to just 27 percent by 2014. That’s tied for 16th-
lowest in the world.

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Source: International labor organization

There are several likely reasons for the drop off. Sher Verick, an economist at the
International Labour Organization based in New Delhi, pointed to increased educational
enrollment and a withdrawal from agricultural labour as two likely causes.

Anuradha Chatterji, a manager at the human rights organization CREA, also blamed lax
enforcement of workplace sexual harassment policies, which have become more
important as women move from rural agricultural work to urban office jobs.

Over the last decade, women in most of the world’s countries have enjoyed greater
participation in the labour force: 114 countries out of 185 recorded an increase in the
percentage of women who earn incomes. Only 41 countries experienced drops in female
labour participation.

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Megha Kapoor Mehra, 27, worked at the office of a major accounting firm in Gurgaon
for nearly five years, rising quickly through the ranks of the company. But last
November, Mehra quit her job when her superiors began to question her commitment to
the firm after she announced her marriage engagement.

“People were saying, ‘Your commitment level has changed, your seriousness has
changed,’” even though she had continued to work the same amount of hours, Mehra
said. “If a man is getting married, I don’t think he would get that kind of reaction at
work.”

It seemed as if the firm’s few successful women had been forced at some point to
choose their work over their family, a decision men did not have to make.

The pressures from home, too, proved overwhelming. After she married, she moved in
with her husband’s family, who were uncomfortable with her leaving for work at 8 in
the morning and coming home at 8 at night.

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Mehra said she hopes to find a job again, though she does not know when that might be.
“I won’t let all my experience and all my knowledge go to waste,” she said.

The Indian economy excludes women like Mehra at its peril. According to a 2012
report by Booz and Company, India’s gross domestic could grow by as much as 27
percent if women worked as much as men.

“Ultimately, from a macroeconomic perspective, women’s participation and

engagement in work and entrepreneurship is critical if India is to sustain a high level of
inclusive growth,” Verick said.

To be sure, some women who are able to join the workforce do not wish to do so. But
many others who would like to work are barred from doing so, often due to customs
beyond their control.

In a country where men share very little housework, many Indian women are too
occupied with household duties to also take on a job. Others are unable to earn money
when the demands of raising children fall squarely on their shoulders.

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“Either I had to join my work after my maternity leave, or I had to leave my work,”
recalled MadhumitaNath, 32, of her experience at an NGO in Kolkata. “I did try to
make things work and to see if the baby can be brought to the office, and if a room
could be arranged. We did explore this kind of thing, but things didn't work out.”

InekeBezembinder, a spokesperson for Women on Wings, a non-profit that creates jobs

for women in rural India, said that for some women, earning an income can provide
benefits in addition to having more money to spend.

“Their position in their family and even in their community changes,” Bezembinder
said. “In the eyes of their in-laws, they go from being a burden to being someone who
looks after the family and contributes to the family income.”

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This article clearly shows the reason why women are not able to continue with their
jobs and are not able to further their career.

4.6 WHY DON’T WOMEN CONTINUE THEIR STUDIES AFTER

GRADUATION

Another article in 2016 by live wire shed some light as why are women not continuing
their education after graduation. The expert from the article are below;

“The trend of more young men than women is evident at almost every level after high
school, except M.Phil, post graduate and certificate courses, where female enrolment is
slightly higher than male enrolment.

While more young women are enrolled in higher education than ever before – and
apparently more successful in clearing 10th-standard board exams than young men –
they are either marrying early or not finding or not looking for jobs, according to an
India Spend analysis of various data.

The enrolment of girls in higher education increased from 39% to 46% from 2007 to
2014,but female participation in India’s labour force declined to a low of 27% in 2014
from 34% in 1999, according to a 2015 study by the International Monetary Fund
(IMF).

Almost 12 million women are enrolled in undergraduate courses, but few continue to
professional courses; 600,000 women were enrolled for diploma courses in 2013, the
latest year for which data are available. Even fewer women sign on for PhDs; only 40%
of PhD candidates are female. In 2016, as we said, girls were more successful than boys
in clearing 10th-standard exams of a national education board, a trend that has held
over seven years.

While 428,443 girls appeared for the 10th-standard exams of the Central Board of
Secondary Education (CBSE), 379,523 were successful–a pass percentage of 88.5%,
according to CBSE data. By comparison, 564,213 boys wrote the exams and 444,832
were successful–a pass percentage of 79%.

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Source: Hindustan Times e- Newspaper

CBSE X standard exam results, 2016. Source: Central Board of Secondary Education

Pressure to marry early continues

So, what happens to these girls after the board exams? The CBSE is one of many boards
nationwide, but the trend of girls overtaking boys is probably being repeated elsewhere.
What could be responsible for the trend reversing itself in higher education and young
women not making it to the job market is the push to get married.

Although the median age of marriage has increased, it continues to be low: 19.2 for
women in 2011 (up from 18.2 in 2001), according to 2011 Census data. Men got
married, on average, at 23.5 in 2011, up from 22.6 in 2001.

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The enrolment in higher education has been estimated to be 33.3 million, of which 17.9
million were male and 15.4 million female in 2014-15, according to the All India
Survey on Higher Education, released by the Ministry of Human Resource
Development in 2015. Young women accounted for 46% of the total enrolment in
higher education, an improvement from 44.3% in 2012-13.

The gross enrolment ratio (GER, the number of college students in the 18-23 age group
as a proportion of all young men and women in that age group) in higher education in
India was 23.6 in 2014-15, up from 20.8 in 2012-13. This is lower than the global
average of 27 and lower than other emerging economies, such as China (26) and Brazil
(36), according to data released by the Ministry of Human Resource
Development. While the GER for young men was 24.5, the GER for young women was
22.7 in 2014-15, an improvement from 17.9 in 2012-13.

Source: Ministry of Human Resource Development

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The number of young men enrolled for higher education increased 13% to 17.9 million
in 2014-15, from 15.8 million in 2012-13, and the number of young women enrolled
increased 21% to 15.3 million from 12.6 million.

After graduation, numbers of men increase, women decrease

The highest concentration of women is seen among undergraduates, at 12.4 million,

followed by 1.9 million for post-graduation. Only 0.6 million girls are enrolled for
diploma courses. As many as 14 million boys are enrolled in undergraduate courses
(almost 17.5% higher than girls), followed by post graduation (1.8 million, or 6.1%
lower than girls) and graduate diploma courses (1.6 million, 61% higher than girls).

The trend of more young men than women is evident at almost every level after high
school, except M.Phil, post graduate and certificate courses, where female enrolment is
slightly higher than male enrolment. Post graduate courses have 49% males and 51%
females, according to the data released by Ministry of Human Resource Development.

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Source: Education statistics, Ministry of Human Resource Development; figures in %

Women tend to focus on the humanities, with 38% of all women enrolled in Bachelor of
Arts courses, followed by science and commerce; 28% of men enrol for BA courses.
When it comes bachelors of education, women (2.8%) once again outnumber men
(1.8%). Up to 8% of all young men sign up for bachelor’s courses in engineering, nearly
double of women (4.1%). There is a similar skew for male (9%) and female (4.5%) in
bachelors in technology courses.

In conclusion to this chapter, we can clearly say that the society of this country if not
entirely can be shifted to matriarchal society from patriarchal society, it should at least
be shifted to gender neutral society so, that both the gender have equality in every
aspect of life.

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 CHAPTER - 5

CONCLUSION AND SUGGESTIONS

The issue of work and education of women has been long discussed. And it has also
been discussed in length in the dissertation with special reference to the DPSP.

When the country got independence, women of the nation were in dire need of help.
During the colonial era women were adversely affected. Their condition detoriated so
much that post-independence they were placed under the socially and educationally
backward class. The two hundred years of colonial rule had hit the-country badly and
robbed it of its wealth, health and resources. Thus, the immediate need after
independence was to get social justice.

The Constitution as interpreted by the Supreme Court is coming in the way of social
progress. The Directive Principles cannot be achieved by without diluting the
Fundamental Rights. The vision of the constitution makers is reflected under Chapter
IV of the Constitution. These principles are not enforceable in nature though
fundamental in the governance of the country. The Constitution enjoins the state to
promote the welfare of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political shall inform the institutions
179
of national life . The Constitution visualizes profound social and economic
transformation and includes in particular the restructuring of the economy with the view
of exploitation and disparities and modernization of society.

The legislature out of the three organs is responsible for bringing a social change in the
society. The courts have to facilitate the implementation by adopting a liberal
interpretation. When the country got independence the social condition was awful and
the newly formed government was responsible and obligated towards the development
of the country. No foreign power could be blamed for the incompetence of the social
and political structure. The political structure was aimed towards building a new rather

179
The Constitution of India Article 38

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modern society informed by humanism, the mutation of socio cultural values and
economic structures assumed the supreme importance. The political decisions,
economic capabilities and technological know- how dictate the direction and pace of
new order but the actual change be achieved only through legal process. The Rule of
law was the only tool which could have brought social upliftment in the society. Legal
justice in India kept hobbling in various directions. The provisions of the constitution
needed to be read vividly and liberally. A lot of research was yet to be done and it was
in the hands of the Supreme Court to uphold the law and give the new interpretation in
order to fulfill the object of the preamble to the Constitution.

Although in the beginning in the case of Champakam Dorairajan180the apex court held
that the Directive Principles are subservient to the Fundamental Rights. The case related
to work and education of women was generally decided on the basis of Article l4, l9
and21 and part IV was not taken into consideration. The non-use of directive principles
at the initial level defeated the entire idea of social justice as mentioned in the
constitution In the case of A.B.S.K Sangh v. Union‘ of India181 Justice Chinappa Reddy
said:

“It becomes the duty of the Court to apply the Directive Principles in interpreting the
Constitution and the laws. The Directive principles should serve the courts as a code of
interpretation. Fundamental Rights should be interpreted in the light of
directive principles and the latter should whenever and wherever possible be read into
the former.”

The jurisprudence of the Supreme Court has changed with the period of time. The
attitude of the court towards the Directive Principles has changed. Initially the court did
not use the directive principle in decision making. The court gradually showed greater
concern for personal liberty and for rights of weaker section of the society. The court
came to rescue of women who were facing social and gender discriminations in their
jobs, prisoners and other underprivileged groups through its interpretation. The
decisions of the Apex court show that social justice without a doubt has become a part

180
State of Madras v. ChampakamDorairajan AIR 1951 SC 226
181
(1981) 1 SCC 246

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of the priority list. Social upliftment is dependent on legal experiments and the Apex
court of the country was the only body other than the legislature to do such experiments.
Initially economic stability was necessary and economic stability is a part of social
upliftment.

The government in order to provide maximum benefit took some affirmative action in
the form of reservation and these were limited to the backward class of people. Women
formed a major part of the backward class irrespective of their social and economical
background. Most women were illiterate, underprivileged and did not have a say in their
own life related matters. The most important task then was of empowerment of this
“other" which existed in the society and formed one half of the globe. Two necessary
components if the empowerments are independence of thought and economic
independence. Independence of thought can be achieved by awareness and awareness
can be brought only through education. Economic independence cannot be brought by
providing mere jobs to these women who had economic instability; it requires some sort
of social security as well. The government set up Labor Commissions and Commissions
on Education. These Commissions were set up to analyze the situation of education and
labor in the country. The reports of the Commission on Education showed that women
in the country dropped out of the school in large numbers. It was very few who opted
for secondary education. The reason behind this was the economic backwardness and
instability of their family. The families could not afford the cost of education which for
them at that time did not look necessary. The main issue was enrollment of girls in the
school and encourages their parents to let them complete their primary education. The
initial plans of the government did not work that well. The reports focused mainly on
overall development and not specifically on women. It was later that the New Report on

Education dealt specifically with education of women and devised means for it. In the
normal parlance when we think about the need and right to education Article 21A,
comes to our mind but apart from this provision the Government from time to time has
enacted various schemes for education of women. The government also tried to devise-
new means of execution of these schemes. In order to give more autonomy the schemes
were executed with the help of the NGO’s. The right to education under Article 21 A,

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provides for free education of children between the age of twelve and fourteen even if
they have passed the primary level. This provision talks about education for all. The
schemes developed by the government are especially for women. Although, most of
these scheme now form a part of the Sarva Sikha Abhiyan. The primary education
under these schemes is free of cost but the secondary education is not. The age of the
children till which they can avail free education is fourteen. A child under normal
circumstances does not sit for matriculation exam before the age of sixteen. There is no
provision for a government job which requires educational qualification below class
tenth. Thus, the reason behind providing free education till primary level is not well
justified. 'Every scheme must have an object and the object behind imparting free
education is not just for awareness but also for empowerment. The object of awareness
is fulfilled but that of actual empowerment is not achieved.

The report of the second National Commission on Labor addressed the problem of
women in the work force. The major concern was not participation, the report said that
women participated a lot in rural works the issue was unpaid work. The work done by
women was mainly considered to be their obligation and not a job or labor done by
them. In the rural areas Women work in field, take care of cattle but for the job they
remain unpaid. Another problem that surfaced with employment of women is
ownership. Women in the rural areas do not own land and the labor they do on the land
is unpaid. Thus, the work does not give them economic independence nor does it make
them empowered. The government after independence had huge responsibility of
managing the labor class of the country as they were most exploited and miserable. The
efficiency of this mass had to be challenged in a positive way to get the most of it and
also to prevent them from getting into even worse situation. The government came up
with many schemes and provisions in order to encourage participation of women in the
work place which was male dominated. The issue of security and safety was the first to
be tackled. Women needed both physical and psychological safety. The female have
always suffered from violence in the work place and a lot of discrimination in the form
of unjustified reservations in the work norms.

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The Apex Court has played a great role in the improving the condition of women rather
making laws through cases for empowerment and development of women in the Indian
society. The court initially decided the cases related to work and education on the
principle of Article 14, 19 and 21. The tenets of these articles did not fulfill the motto of

social development (with special reference to women) as prescribed in the Preamble to

the Constitution. A society cannot develop fully unless the women of the society
develop both intellectually and economically. After two decades of independence when
the Supreme Court started considering Directive Principles of State to be fundamental
in the governance of the country that the mode of deciding the cases changed and focus
shifted to social development which proved beneficial in deciding cases related to
women. It can be said that using the socio economic principles as provided under the
directive principles can prove to be very effective mechanism in resolving issues of
work and education of women in India. It will open an entire new dimension of
analyzing cases and issues as per the demand and requirement of the social condition of
the society. It will create a new avenue in the field of law for lawyers, practitioners,
judges, researchers and academicians.

5.1 SUGGESTIONS

In a country like India there is always a demand for social and economic upliftment.
The main reason behind providing free education to women is to empower women,
which is one of the tenets of socio-economic development.

The Government in order to fulfill the actual goal of socio-economic development

should make the primary level of education till class tenth and the free primary
education will help 1n getting more respected and paid jobs. As already mentioned
earlier no government job has a requirement which makes a eighth or ninth pass eligible
for a job. The minimum educational requirement is of matriculation. Thusmaking
primary education till matriculation will encourage the parents to educate their
children's after this they can have a better future.

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The executive should makean attempt to spread awareness about such initiative taken
by the legislature. The actual goal shall be achieved only when those who are in need of
it and get benefitted from this.

The level of education and syllabus in these schools be improved in order to bring
these underprivileged girls at par with those who get better than them.

The focus should be on overall development with a motive to encourage them to apply
for better jobs with their education eligibility: The awareness regarding this should be
made compulsory as a part of the educational workshop. The focus should not just be on
enrollment but also on retaining of students. The teachers should convince the parents to
let their children complete the education and inform them about the benefit not just in
philosophical sense but also in economic sense and how it can prove in the socio-
economic upliftment of their children and the entire family.

Another Suggestion is to increase the quality of education which is provided in our

country with special focus to the women of the countries, the moment the quality of
education increases; it will open the avenue for better jobs and jobs security.

Live mint, last year that is in 2016 wrote an article on better education system, the
government should take notice of the same and enforce it, below is the article.

“There is hardly a country in the world that is not attempting to improve its school
education. Countries like Canada and Finland, which already have excellent school
systems, are still trying to improve. These countries have confidence in their own
approach and remain committed to those fundamentals. Like top-notch sportspeople,
they are only refining nuances, many of which most other countries have not even
begun appreciating.

Then there are countries like Estonia and Korea which have much improved systems,
but they want to improve more, since in their assessment the situation is not fully
satisfactory. These countries are sweating the details, and are also tweaking some of the
fundamentals.

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And then there is the large majority of countries which are dissatisfied with the state of
their school systems. They think that they need fundamental and big changes. This list
is large and has a wide range, from countries as developed as the US, UK and Sweden
to developing countries such as India, China and Malaysia—and also the most
disadvantaged countries, for example, in sub-Saharan Africa.

To be sure, this is a very rough categorization. It also doesn’t reflect many important
dimensions of this issue, like the reasons for dissatisfaction, including high dropout
rates, poor learning levels, overburdened children, a sense of getting “left behind” in the
global school education “race”, etc.

As can be expected, there is such enormous complexity in the efforts to improve school
education systems that each country and society must be understood in itself. Any
efforts to draw out commonalities are fraught with risks of oversimplification and over-
abstraction.

One of the very few things which are common across these efforts, and would attract
neither of the two charges that I have referred to, is the importance of the teacher in
school education and its improvement. The teacher is so central to education that this is
not surprising. To deal with this centrality of the teacher, four broad approaches have
been adopted.

The central idea of the first approach is that teachers must be incentivized to do a better
job, which will then lead to improvements. This includes negative and positive
incentives: for example, punishment for lack of improvement in learning levels of
children or better pay for clear improvements. The hardwired “teacher accountability”
versions of this approach (such as “No Child Left Behind” in the US) have only
succeeded in causing deep damage to school education. Other variations, such as the
attempt to incentivize teachers through market-based competition fostered by
privatization have proven ineffective in improving learning levels in school systems,
and have worsened inequity.

The second approach has been to try and attract “better” people to become teachers. The
issues that can be worked on to influence this matter—for example, reasonable

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compensation, good recruitment practices, conditions to support professional
satisfaction—are important. However, the relative attractiveness of any profession is
determined by a complex interplay of economic, sociocultural, geographic and
historical factors, in addition to the characteristics of the profession. And given that the
number of teachers is a significant proportion of the overall population in employment
in any country, this matter is very hard to influence at a systemic level.

The third approach is to carry out better teacher preparation. Since models of teacher
preparation, including the curriculum and institutional design, are easily comparable,
weaknesses (such as with the Indian Bachelor of Education system) are easily
identifiable. Fixing all this, however, is another matter. It is about investing
significantly more in teacher education and battling vested interests. This calls for
political will. But there is no substitute to good teacher preparation; unless teachers are
well prepared, their capacity to perform their roles is limited.

The fourth approach is about developing the capacity of teachers currently serving in
the system. It’s quite clear that unless this is done, education systems won’t improve for
decades, even if other things are somehow done perfectly. Professional development of
such a large and distributed workforce, involved in roles that are inherently creative and
requiring human empathy, is very complex. But it can be done if attempted on the basis
of sound principles and with intent to empower.

The incentives approach fails because, among other reasons, of the social-human nature
of education, which demands the teacher to be creative, high-expertise, empathetic and
ethical. This is almost the classical prototype of a role which can only be played
effectively when someone has high capacity and is internally driven. While external
conditions and incentives can certainly demotivate and derail, they can’t motivate. Far
more effective than any such crude notion of incentives would be better organization of
schools and the system, including elimination of corruption and political interference.

On attracting “better” people to teaching, we would do well to remember John Dewey’s

wise and pithy comment: “Education is, and forever will be, in the hands of ordinary

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men and women.” To improve education we have to invest in teacher education and
professional development of teachers. There are no shortcuts for improving education”

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  SarvaSikshaAbhiyan
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WEBSlTES

 http://theconversaticn.ccrn/

 http://www.azadindia.org

 http://www.yourarticlellbrary.com

 https://www.imf.org

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 https://indiatogether.org

 https://labour.nie.in

 https://mhrd.gov.in

 www.amuldairy.com/index.php/about-usihistory

 www.catalyst.org

 www.confabjournals.com

 www.importantindia.com/

 www.indiaeelebrating.com/essay

 www.indiastat.com

 www.tijjat.com

 www.wcd.nic.in

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