NAME – KAUSTAV CHANDRA

ROLL NO –15/KLC-BBA-LL.B/26
KINGSTON LAW COLLEGE
TOPIC: HUMAN RIGHTS FOR
WOMEN

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 Acknowledgement

Words put on paper are mere ink marks, but when they have a
purpose there exist a thought behind them. I too have a purpose to
express my gratitude towards those individuals without whose
guidance the project would not have been possible.
I also take this opportunity to express a great sense of gratitude
towards our Principal and my project guide, Dr.Suman Gupta Sharma
for providing me vital inputs to co-relate the present project work and
hence provide a sound base to the report structure. A special word of
thanks also goes to all the teaching and non-teaching staff of my
institute and my friends.

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 INTRODUCTION
Attaining equality between women and men and eliminating all forms of discrimination
against women are fundamental human rights and United Nations values. Women
around the world nevertheless regularly suffer violations of their human rights
throughout their lives, and realizing women’s human rights has not always been a
priority. Achieving equality between women and men requires a comprehensive
understanding of the ways in which women experience discrimination and are denied
equality so as to develop appropriate strategies to eliminate such discrimination. The
United Nations has a long history of addressing women’s human rights and much
progress has been made in securing women’s rights across the world in recent decades.
However, important gaps remain and women’s realities are constantly changing, with
new manifestations of discrimination against them regularly emerging. Some groups of
women face additional forms of discrimination based on their age, ethnicity, nationality,
religion, health status, marital status, education, disability and socioeconomic status,
among other grounds. These intersecting forms of discrimination must be taken into
account when developing measures and responses to combat discrimination against
women. This publication provides an introduction to women’s human rights, beginning
with the main provisions in international human rights law and going on to explain
particularly relevant concepts for fully understanding women’s human rights. Finally,
selected areas of women’s human rights are examined together with information on the
main work of United Nations human rights mechanisms and others pertaining to these
topics. The aim of the publication is to offer a basic understanding of the human rights
of women as a whole, but because of the wide variety of issues relevant to women’s
human rights, it should not be considered exhaustive.
Since the founding of the United Nations, equality between men and women has been
among the most fundamental guarantees of human rights. Adopted in 1945, the Charter
of the United Nations sets out as one of its goals “to reaffirm faith in fundamental
human rights, in the dignity and worth of the human person, and in the equal rights of
men and women”. Furthermore, Article 1 of the Charter stipulates that one of the

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purposes of the United Nations is to promote respect for human rights and fundamental
freedoms “without distinction as to race, sex, language or religion”. This prohibition of
discrimination based on sex is repeated in its Articles 13 (mandate of the General
Assembly) and 55 (promotion of universal human rights). In 1948, the Universal
Declaration of Human Rights was adopted. It, too, proclaimed the equal entitlements of
women and men to the rights contained in it, “without distinction of any kind, such as ...
sex, ….” In drafting the Declaration, there was considerable discussion about the use of
the term “all men” rather than a gender-neutral term. The Declaration was eventually
adopted using the terms “all human beings” and “everyone” in order to leave no doubt
that the Universal Declaration was intended for everyone, men and women alike.
After the adoption of the Universal Declaration, the Commission on Human Rights
began drafting two human rights treaties, the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural
Rights. Together with the Universal Declaration, these make up the International Bill of
Human Rights. The provisions of the two Covenants, as well as other human rights
treaties, are legally binding on the States that ratify or accede to them. States that ratify
these treaties periodically report to bodies of experts, which issue recommendations on
the steps required to meet the obligations laid out in the treaties. These treaty-
monitoring bodies also provide authoritative interpretations of the treaties and, if States
have agreed, they also consider individual complaints of alleged violations.2 Both
Covenants use the same wording to prohibit discrimination based on, inter alia, sex (art.
2), as well as to ensure the equal right of men and women to the enjoyment of all rights
contained in them (art. 3). The International Covenant on Civil and Political Rights
guarantees, among other rights, the right to life, freedom from torture, freedom from
slavery, the right to liberty and security of the person, rights relating to due process in
criminal and legal proceedings, equality before the law, freedom of movement, freedom
of thought, conscience and religion, freedom of association, rights relating to family life
and children, rights relating to citizenship and political participation, and minority
groups’ rights to their culture, religion and language. The International Covenant on
Economic, Social and Cultural Rights guarantees, for instance, the right to work, the
right to form trade unions, rights relating to marriage, maternity and child protection,
the right to an adequate standard of living, the right to health, the right to education,
and rights relating to culture and science.

Though the Constitution of India guarantees equality of all citizens' before the law still
women carry the burden of centuries of subordination thereby making it difficult for
them to realized their constitutional rights. Recognizing the real status of women, the
Constitution also provides for positive discrimination in favour of women.
The Government of India reaffirms its commitment to work for the realization of constitutional
guarantee of equality, social justice and non-discrimination on the basis of sex, caste,
community, language and religion. This policy takes the letter this spirit of the
Constitution of India as the starting point. In the global development scenario, India
has almost become synonymous with low status of women, patriarchal society, feudal
customs and values, social polarization along caste lines, high illiteracy and extreme
poverty. To some extent this picture of India may be the contribution of mass media
and films. Yet the bitter truth is that girls and women are considered an unwanted
burden in Indian society. There is no doubt that we are in the midst of a great revolution

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in the history of women. The evidence is everywhere; the voice of women is increasingly
heard in Parliament, courts and in the streets.

Women’s Situation In India

"You can tell the condition of a Nation by looking at the status of its Women."
Jawaharlal Nehru, Leader of India's Independence movement, and India's first Prime
Minister.

So, how is women's status in India? Today's India offers a lot of opportunities to women,
with women having a voice in everyday life, the business world as well as in political life.
Nevertheless India is still a male dominated society, where women are often seen as
subordinate and inferior to men. This gender bias is the cause that SAARTHAK is
fighting for; therefore, in the following we will focus on the wrongs rather than on the
rights. This doesn't mean that there aren't a lot of positives to report on, and we will
cover some of those in the "Indian women on the rise" section. However, even though
India is moving away from the male dominated culture, discrimination is still highly
visible in rural as well as in urban areas, throughout all strata of society. While women
are guaranteed equality under the constitution, legal protection has a limited effect,
where patriarchal traditions prevail.

India's Patriarchal Traditions

1.Dowry Tradition

Much of the discrimination against women arises from India's dowry tradition, where
the bride's family gives the groom's family money and/or gifts. Dowries were made
illegal in India in 1961, however the law is almost impossible to enforce, and the practice
persists for most marriages. Unfortunately, the iniquitous dowry system has even
spread to communities who traditionally have not practiced it, because dowry is
sometimes used as a means to climb the social ladder, to achieve economic security, and
to accumulate material wealth. The model used to calculate the dowry takes the

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bridegroom's education and future earning potential into account while the bride's
education and earning potential are only relevant to her societal role of being a better
wife and mother. The bridegroom's demand for a dowry can easily exceed the annual
salary of a typical Indian family, and consequently be economically disastrous especially
in families with more than one or two daughters.

2. Women as a Liability
The Indian constitution grants women equal rights to men, but strong patriarchal
traditions persist in many different societal parts, with women's lives shaped by customs
that are centuries old. Hence, in these strata daughters are often regarded as a liability,
and conditioned to believe that they are inferior and subordinate to men, whereas sons
might be idolized and celebrated.

But why is that?

There are a couple of reasons, why men might be regarded an asset for a family:

 Considered capable of earning money

 Carry on the family line
 Able to provide for their aging parents
 Bring a wife (and with this a capable domestic helper) into the family
 Play an important role in death rituals in Hindu religion, which ensure, that the
soul is released from the body and can go to heaven.

On the other hand, there are a couple of reasons why women might be regarded more of
a liability for a family:

 Not considered capable of earning money

 Seen as economically and emotionally dependent on men
 While they help with domestic duties during childhood and adolescence, they go
to live with their husband's family after marriage, which means less help in the
household of their originating family, and most importantly loss of money due to
the dowry tradition.

This might explain why the birth of a daughter may not always be perceived as equally
blissful as the birth of a son, and why “May you be blessed with a hundred sons” is a
common Hindu wedding blessing.

Discrimination against Women

Nutrition & Health

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As a child, girls are often treated differently from male children in terms of nutrition and
health care; where limited food or financial resources are available, the insufficient
means are prone to be allocated unevenly in favour of the male offspring.

This imbalance results in insufficient care afforded to girls and women, and is the first
major reason for the high levels of child malnutrition. This nutritional deprivation has
two harmful consequences for women:

1. They never reach their full growth potential

2. Anaemia

Both consequences are risk factors in pregnancy, complicating childbearing and

resulting in maternal and infant deaths, as well as low birth weight infants.

Education

India’s constitution guarantees free primary school education for both girls and boys up
to age 14. This has been repeatedly reconfirmed, but primary education in India is not
universal, and often times not seen as really necessary for girls. Their parents might
consider it more important, that they learn domestic chores, as they will need to
perform them for their future husbands and in-laws. Another disincentive for sending
daughters to school is a concern for the protection of their virginity. When schools are
located at a distance, when teachers are male, and when girls are expected to study
along with boys, parents are often unwilling to expose their daughters to the potential
assault on their virginity, that would ultimately result in an insult to the girl’s family’s
honour. This results in one of the lowest female literacy rate in India.

 Literacy Rate for Women: 54%

 Literacy Rate for Men: 76%

Child Marriages
The Prohibition of Child Marriage Act 2006 bans marriage below age 18 for girls and
age 21 for boys, but some 80 % of Indians live in villages where family, caste and
community pressures are more effective than any legislature. According to UNICEF's
"State of the World's Children 2009" report, 47% of India's women aged 20–24 were
married before the legal age of 18, with 56% in rural areas. The report also showed that
40% of the world's child marriages occur in India.

Why does it happen?

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  Financial Benefit
o As outlined above, due to the dowry tradition women are prone to be a
(financial) burden for their families, thus seen as a liability.
o If the match is made at an early age, the dowry is usually much lower, as
the dowry is calculated on the future husband's societal status and
education, which – obviously – would be much lower at an early age.
o Common Hindu phrase: “The younger the groom, the cheaper the Dowry”

In addition marrying off girls at an early age, ensures, that they marry as virgins, thus
protecting the girl's and their family's honour.

 Historical Origins
o Child marriages started during the invasions of Northern India around
1,000 years ago, when unmarried girls were raped by invaders.
o To protect their women from abuse, family members began marrying their
daughters at young ages.

 Religious origin
o Copying the myth that the goddess Parvati had decided to marry god Shiva
when she was only eight, girls were married off as young as eight or nine
years old.

The consequences

Girls between 15 and 19 are twice as likely to die of pregnancy-related reasons as

girls between 20 and 24. Girls married off as children sometimes stay in their
parents' house until puberty, but it is just as common, that they move in with their
husband and in-laws right after marriage. In that case, many child wives are inclined
to experience domestic violence, marital rape, deprivation of food, and lack of access
to information, healthcare, and education. Thus, the vicious cycle of illiteracy and
abuse is likely to be continued and passed on to their own daughters.

Discrimination against Women: After Marriage

There is no cultural or religious tradition behind one of the most ghastly incidents of
female oppression, but the prevalence of the dowry tradition has supposedly lead to
“Bride Burning” (or other form of murdering) of the newly-wed wife by the husband
and his family, who would claim, that she died in a domestic accident, so that the
widowed husband would be free to marry again and collect another dowry.
Indian law demands a formal criminal investigation when a newly married woman
dies within the home within 7 years of marriage. According to Indian National Crime
Record Bureau, there were 8,239 dowry death cases, 1,285 cases of attempted dowry
deaths, and another 4,890 cases with pending investigations in 2009. The
punishment for dowry deaths is a term of 7 years, which may extend to life

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imprisonment. Indian law clearly distinguishes the offence of dowry deaths from the
offence of murder, for which a death sentence might be declared.

Discrimination against Women: As a Widow

Indian government has enacted numerous laws to protect widow's rights, including
prohibitions against traditional practices for which India has been discredited, such
as the burning of widows (Sati). Whereas in India's contemporary culture, especially
in the modern urban middle-class, these societal norms have given way to a more
righteous conduct, the enforcement of the law continues to be challenging, where
there are regional, religious or caste variants of family law, which tend to escape
government jurisdiction. Hence, a widow is still seen as a liability in some part of the
Indian society, which might result in her being abandoned by her in-laws. As her
originating family is often unable or unwilling to take her back as well, she might be
left on her own, without any education, skills, or financial assistance. Instead, she is
subjected to many restrictions, and might be required to shave her head
permanently, or to wear white clothes for the rest of her life; thus, stigmatized, she is
not allowed to enter in any celebration e.g. weddings, because her presence is
considered to be inauspicious. Moreover, a widow might face trouble securing her
property rights after her husbands death, nor be allowed to remarry, disregarding at
what age she became a widow. As the described discrimination against widows is
likely to occur in the same societal surroundings as the above mentioned child
marriages, this might lead to child or teenage widows, who are bound to be isolated
and ostracized for the rest of their lives.

Discrimination against Women: For Inheritance

While in the educated, urban middle class women's rights continue to improve, there
remains a strong bias against gender equality in those societal parts of India, where
patriarchal traditions prevail. Consequently, in these strata any inheritance of a
deceased husband or father would be passed down to the oldest son, while his wife or
daughters would not receive any financial benefit. There are laws in place to ensure
legal protection for women's right to inheritance, but the enforcement of the law is
challenging, when the woman is refused her right by the family, and when she is not
confident or educated enough to claim her right.

Having looked at the status of women in India, we come back to the previously
quoted statement from Jawaharlal Nehru "You can tell the condition of a Nation by
looking at the status of its Women." The concluding questions are: which nation can
claim to be a free and prosperous society, where half of its population is being
oppressed? And which striving nation can afford to oppress half of its population?
Obviously, the answer to that question is: none! Sustainable and long-term
development is not possible without the participation and empowerment of women,
only if they participate in the economic and societal development, the full potential
of a society of India'ssociety will be unfolded.

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 Human Rights for Women in India
Woman, the very creation of God that makes living beautiful is often at the receiving end
of trauma. Not necessarily do criminals live around rural thatched roofs only. They are
found in sky rises and posh suites too. In 2009 rape cases have reached 2,497, domestic
violence has crossed the 10,000 mark. In short women are still treated as a lesser
person. But of course the government is doing all its best to improvise the situation.
Around 2.8 million social workers have been employed by the government to reach into
villages and homes across the country, to make women aware of their rights.
Much to their surprise women are not even aware that they have any rights in a man’s
world. While some are treated as slaves in their adulthood, most don’t even enjoy a
childhood. To this purpose the National Commission for Women is set up and located at
4, DeenDayal, UpadhayayaMarg, New Delhi 110 002. It is the apex organisation for
protecting women. Besides this there are Commissions set up in each state of the
country to protect and uplift women.
These organizations implicit that there should be equality of rights for women as given
to men. Article 14 of the Constitution in India says that no person will be denied equality
before the law. Article 42 states that women should be provided just and human work
atmosphere and maternity relief. Sati laws have been abolished, child marriages are
legally punishable. The girl now has to be of 18 years when she is married and her
consent has to be taken. Using force is punishable. To her relief eve teasing too is
considered a crime. It can be reported and offenders will be put behind bars
immediately.

Women’s Rights Movement in India : There are many committed

organizations and non-governmental organizations (Ngos) in India working for the
advancement of women’s rights in addition to government appointed agencies. The
Indian government has a National Commission for Women, which is dedicated to the
welfare of Indian women.

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 Women Rights in India: Constitutional
Rights, Legal Rights And Special Laws
The rights available to woman (ladies) in India can be classified into two categories,
namely as constitutional rights and legal rights. The constitutional rights are those
which are provided in the various provisions of the constitution. The legal rights, on the
other hand, are those which are provided in the various laws (acts) of the Parliament
and the State Legislatures.

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are listed
below:

1. The state shall not discriminate against any citizen of India on the ground of sex
[Article 15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of
women [Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or
office under the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of
livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women
[Article 39(d)].
7. The state is required to ensure that the health and strength of women workers are
not abused and that they are not forced by economic necessity to enter avocations
unsuited to their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work
and maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every
Panchayat shall be reserved for women [Article 243-D(3)].

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 11. One-third of the total number of offices of chairpersons in the Panchayats at each
level shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in
such manner as the State Legislature may provide [Article 243-T(4)].

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for women:
1. Protection of Women from Domestic Violence Act (2005) is a comprehensive
legislation to protect women in India from all forms of domestic violence. It also
covers women who have been/are in a relationship with the abuser and are
subjected to violence of any kind—physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents
trafficking in women and girls for the purpose of prostitution as an organised
means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings,
paintings, figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective
prevention of the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or
any time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain
establishments for certain period before and after child-birth and provides for
maternity benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and
medical grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act (1994)prohibits sex selection before or after conception and prevents
the misuse of pre-natal diagnostic techniques for sex determination leading to
female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to
both men and women workers for same work or work of a similar nature. It also
prevents discrimination on the ground of sex, against women in recruitment and
service conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.

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 13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like
obligation of a person to maintain his wife, arrest of woman by female police and
so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian
women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and
female workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women
between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and
welfare.
21. The following other legislation’s also contain certain rights and safeguards for
women:
1. Employees’ State Insurance Act (1948)
2. Plantation Labour Act (1951)
3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11. Hindu Adoptions and Maintenance Act (1956).
22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.
23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal). Act (2013)provides protection to women from sexual harassment at
all workplaces both in public and private sector, whether organised or
unorganized.

The Special Laws (SLL) :

Although all laws are not gender specific, the provisions of law affecting women
significantly have been reviewed periodically and amendments carried out to keep pace
with the emerging requirements. Some acts have special provisions to safeguard women
and their interests like

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1. Protection of Women from Domestic Violence Act (2005) is a comprehensive
legislation to protect women in India from all forms of domestic violence. It also
covers women who have been/are in a relationship with the abuser and are
subjected to violence of any kind—physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents
trafficking in women and girls for the purpose of prostitution as an organised
means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings,
paintings, figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective
prevention of the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or
any time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain
establishments for certain period before and after child-birth and provides for
maternity benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and
medical grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act (1994)prohibits sex selection before or after conception and prevents
the misuse of pre-natal diagnostic techniques for sex determination leading to
female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to
both men and women workers for same work or work of a similar nature. It also
prevents discrimination on the ground of sex, against women in recruitment and
service conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of
Muslim women who have been divorced by or have obtained divorce from their
husbands.
12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry
death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like
obligation of a person to maintain his wife, arrest of woman by female police and
so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian
women.

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 17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of
marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and
female workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women
between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and
welfare.
21. The following other legislation’s also contain certain rights and safeguards for
women:
o Employees’ State Insurance Act (1948)
o Plantation Labour Act (1951)
o Bonded Labour System (Abolition) Act (1976)
o Legal Practitioners (Women) Act (1923)
o Indian Succession Act (1925)
o Indian Divorce Act (1869)
o Parsi Marriage and Divorce Act (1936)
o Special Marriage Act (1954)
o Foreign Marriage Act (1969)
o Indian Evidence Act (1872)
o Hindu Adoptions and Maintenance Act (1956).

22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.

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 Classification Of Crimes Which Violates The
Rights Of Women In India

A. Crimes Identified under the Indians Penal Code IPC

1. Rape (Section 376 IPC)
2. Kidnapping and abduction (Section 363 and 373)
3. Dowry Homicides (Section 302 and 304B).
4. Torture-Physical and mental (Section 498-A).
5. Molestation (Section 354).
6. Eve-teasing or sexual harassment. (Section 509).
7. Importation of girls (Section 366-B).
8. Murder (Other than dowry homicides (Section 302).
B. Crimes Identified under the Special Laws (SL)
1. The Employees State Insurance Act, 1948
2. The Plantation Labour Act, 1951
3. The Family Courts Act, 1954
4. The Special Marriage Act, 1954
5. The Hindu Marriage Act, 1955
6. The Hindu Succession Act, 1956 with amendment in 2005
7. Immoral Traffic (Prevention) Act, 1956
8. The Maternity Benefit Act, 1961 (Amended in 1995)
9. Dowry Prohibition Act, 1961
10. The Medical Termination of Pregnancy Act, 1971
11. The Contract Labour (Regulation and Abolition) Act, 1976
12. The Equal Remuneration Act, 1976
13. The Prohibition of Child Marriage Act, 2006
14. The Criminal Law (Amendment) Act, 1983
15. The Factories (Amendment) Act, 1986
16. Indecent Representation of Women (Prohibition) Act, 1986
17. Commission of Sati (Prevention) Act, 1987
18. The Protection of Women from Domestic Violence Act, 2005

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Major Case References Of Crimes Against
Women In India
 Nirbhaya gangrape case: Barbaric and diabolical,
says SC, upholds death for December 16 accused
4 out of 5 rape accused received the death sentence and as a result of this case the
rape law was amended to go beyond penile-vaginal intercourse. The new
definition penalizes penetration of any orifice of the woman with any part of the
man’s body or with any object.

Case Speak: This hardly requires retelling given the freshness of it in the
nation’s collective consciousness, but here it is anyway. A young girl was
returning home with a male friend after watching a movie. They boarded a bus
and soon figured out that something was wrong. The six people on board,
including the driver knocked the boy unconscious with an iron rod and then
raped her one at a time. They shoved an iron rod in her vagina, severely
damaging her intestines, abdomen and genitals. Finally, they threw the boy and
the woman out of the bus, and drove away. The woman was rushed to the
hospital and the men were arrested within 24 hours. Eventually, the woman
succumbed to her injuries, and the men immediately went on trial. While on trial,
one of the accused committed suicide in jail. The remaining five were
subsequently charged for rape and murder. The four adults were granted a death
penalty, while the minor was sent to a reform facility for three years.

 Warangal woman found with burns on face and stab

wound, cops suspect acid attack
The court said that acid should be sold only to people who show a valid
identity card. Buyers will also have explain why they need the chemical
and sales will have to be reported to the police.

Case Speak: After considering plenty of acid attack cases and the
change.org petitions, the Supreme Court finally decided to act and
ordered the federal governments to regulate the sale of acid in the
country. The court said that acid should be sold only to people who
provide a valid identity card.
Buyers will also have explain why they need the chemical and sales will
have to be reported to the police. “We direct the chief secretaries of all
states and the administrator of the Union Territories to comply with the
direction given in the order on July 18 and frame rules in tune with
model rules framed by Centre to regulate the sale of acid at the earliest

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 and possibly by March 31,2014,” the bench said. In addition to that, they
also asked all chief secretaries to file a response on providing free-of-
cost treatment, including plastic surgery, to acid attack victims.

 Four-year-old girl sexually assaulted by teacher

inside school premises

The student was allegedly abused inside a toilet during school hours. A physical
education teacher at the high-profile GD Birla Centre For Education in Ranikuthi
allegedly lured the girl into the toilet where the sexual assault happened. The girl
returned home with blood stains on her uniform and was reportedly crying. Her
mother noticed her bleeding from genital area. The child was then rushed to the
SSKM hospital, where doctors told the parents about the sexual assault. The child
identified the physical education teacher from a photo. She has undergone tests,
results of which are expected soon. Situation was tense as the parents have
registered an FIR with the Kolkata Police while the guardians protested in front
of the school. School authorities have assured to investigate the matter.

 Cases of cyber crime against women

o Manish Kathuria was arrested by the New Delhi Police. He was stalking an
Indian lady, Ms Ritu Kohli by illegally chatting on the Web site MIRC
using her name. He used obscene and obnoxious language, and distributed
her residence telephone number, inviting people to chat with her on the
phone. As a result of which, Ritu kept getting obscene calls from
everywhere, and people promptly talked dirty with her.
o In another case, an engineering and management graduate, facing
prosecution in a dowry harassment case, was arrested by Delhi police for
sending obscene e-mails in his wife’s name to several persons.
o A student of the Air Force Balbharati School, Delhi, was teased by all his
classmates for having a pockmarked face. Tired of the cruel jokes, he
decided to get back at his tormentors. He scanned photographs of his
classmates and teachers, morphed them with nude photographs and put
them up on a website that he uploaded on to a free web hosting service.
o In Mumbai a Swiss couple would gather slum children and then would
force them to appear for obscene photographs. They would then upload
these photographs to websites specially designed for pedophiles. The
Mumbai police arrested the couple for pornography.

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 Schemes And Strategies Taken For Women
Empowerment In India
The United Nations Development Program constituted eight Millennium Development
Goals (MDG) for ensuring equity and peace across the world. The third MDG is directly
related to the empowerment of women in India. The MDGs are agreed-upon goals to
reduce certain indicators of disparity across the world by the year 2015.

The third MDG is centered towards promoting gender equality and empowering
women: “Eliminate gender disparity in primary and secondary education, preferably by
2005, and in all levels of education by no later than 2015”. While India’s progress in this
front has been brave, there are quite a few corners that it needs to cut before it can be
called as being truly revolutionary in its quest for understanding what women
empowerment is. According to the UNDP:-

India missed the 2005 deadline of eliminating gender disparity in primary and
secondary education. However, the country has hastened progress and the Gender
Parity Index (GPI) for Gross Enrolment Ratios (GER) in primary and secondary
education has risen. Given current trends, India is moderately or almost nearly on track.
However, as the Government of India MDG Report 2009 notes, “participation of women
in employment and decision-making remains far less than that of men, and the disparity
is not likely to be eliminated by 2015.” Achieving GPI in tertiary education also remains
a challenge. In addition, the labor market openness to women in industry and services
has only marginally increased from 13-18 percent between 1990-91 and 2004-05.

This is the United Nations role for empowering Indian women. Now we will see the
Indian efforts for this burning issue:-

 MINISTRY FOR WOMEN & CHILD DEVELOPMENT

The Ministry for Women & Child Development was established as a department of the
Ministry of Human Resource Development in the year 1985 to drive the holistic
development of women and children in the country. In 2006 this department was given
the status of a Ministry, with the powers to formulate plans, policies and programs;
enacts/ amends legislation, guiding and co-coordinating the efforts of both
governmental and non-governmental organizations working in the field of Women and
Child Development. It delivers such initiatives such as the Integrated Child
Development Services (ICDS) which is a package of services such as supplementary
nutrition, health check-ups and immunization. As mentioned earlier, the empowerment
of women begins with their safety and health and this Ministry is committed to
providing them.

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  SWAYAMSIDHA PROGRAM
It is an integrated scheme for the empowerment of women at a total cost of Rs. 116.30
Crores. It is implemented by ministry for women and child development. Crux of this
program will be the establishment of women’s self-help groups which will empower
women to have increased access to all kinds of resources that they are denied, in
addition to increasing their awareness and skills. This program will benefit about 9,
30,000 women with the setting up of 53,000 self-help groups, 26,500 village societies
and 650 block societies.

 NATIONAL COMMISSION FOR WOMEN

It was launched by the government of India on International women’s day in 2010 with
the aim to strengthen the overall processes that promote all round development of
women. It has the mandate to strengthen the inter-sector convergence; facilitate the
process of coordinating all the women’s welfare and socio-economic development
programs across ministries and departments. The Mission aims to provide a single
window service for all programs run by the Government for Women under aegis of
various Central Ministries. In light with its mandate, the Mission has been named
Mission Poorna Shakti, implying a vision for holistic empowerment of women.

The National Resource Centre for Women has been set up which functions as a national
convergence centre for all schemes and programs for women. It acts as a central
repository of knowledge, information, research and data on all gender related issues and
is the main body servicing the National and State Mission Authority.

This commission has around 15 major ministries of Indian government as its partner.

There are number of schemes running under the women empowerment mission we will
discuss the major schemes here:-

 Poverty Alleviation and Economic Empowerment of Women

1. Schemes of Department of Animal Husbandry Dairying Fisheries

2. Scheme on Development of Inland Fisheries and Aquaculture
3. Scheme on Development of Marine Fisheries, Infrastructure and Post harvest
Operations
4. Scheme on Fisheries Training and Extension
5. Assistance to Cooperatives
6. National Bamboo Mission
7. Central Poultry Development Organisation
8. Development of Commercial Horticulture through Production and Post-Harvest
Management
9. Promotion and Strengthening of Agricultural Mechanization through Training,
Testing & Demonstration
10. GraminBhandaranYojna

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11. Capacity Building to enhance Competitiveness of Indian Agriculture and
Registration of Organic Products
12. Technology Development and Transfer for Promotion of Horticulture
13. Marketing Assistance Scheme
14. Scheme of Support to Voluntary Agencies for Adult Education and Skill
Development
15. Scheme of Fund for Regeneration of Traditional Industries (SFURTI)
16. Performance & Credit Rating Scheme for Small Industries
17. Entrepreneurship Development Institutions (EDIs) Scheme
18. National Award Scheme/ Guidelines [Launched by Ministry of Micro, Small &
Medium Enterprise (MSME)]
19. Credit Linked Capital Subsidy Scheme (CLCSS) for Technology Upgradation of
the Small Scale Industries
20. Management Training Programs
21. Scheme For Market Development Assistance For MSME Exporters
22. Credit Guarantee Cover Fund Scheme for Small Industries
23. Rajiv Gandhi UdyamiMitraYojana (RGUMY)
24. Raw Material Assistance Scheme
25. Bamboo Cultivation
26. Organic Farming
27. Swarnajayanti Gram SwarozgarYojana (SGSY)
28. Mushroom Farming
29. Scheme of Financial Assistance for Preparing Young Professional in Rural Areas
30. Mahatma Gandhi National Rural Employment Guarantee Scheme
31. Pottery Technology
32. Technopreneur Promotion Program
33. Consultancy Promotion Program
34. Technology Development & Utilization Program for Women
35. Industrial R&D Promotion Program(IRDPP)
36. National Backward Classes Finance and Development Corporation
37. National Scheduled Castes Finance & Development Corporation
38. Marketing and Export Promotion Scheme
39. Scheme for Working Women Hostel
40. Grant in Aid Scheme – Export
41. Diversified Handloom Development Scheme (DHDS)
42. Grant in Aid Scheme – AmbedkarHastshilpVikasYojna
43. Jute Manufactures Development Council Schemes
44. Scheme for Integrated Textile Parks
45. Grant in Aid Scheme – HRD Scheme
46. Technology Upgradation Fund Scheme
47. Technology Upgradation Fund Scheme (Handloom Sector)
48. Dairy/Poultry Venture Capital Fund
49. Targeted Public Distribution System (TPDS)
50. Antyodaya Anna Yojna (AAY)
51. Old and Infirm Persons Annapurna
52. National Iodine Deficiency Disorders Control Program (NIDDCP)
53. Nutrition Education and Extension

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 54. RashtriyaSwasthyaBimaYojana(RSBY)
55. Total Sanitation Campaign (TSC)
56. National Rural Drinking Water Program
57. Assistance to Cooperatives Scheme
58. Strengthening Infrastructure for Quality & Clean Milk Production

The all above schemes are indirectly influencing the women workers and their economic
condition. These schemes basically give stress on the individual training and
entrepreneurship. They also provide employment to the people through various means.
So these schemes provide supplements and food items to poor families, hence playing a
pivotal role in women empowerment.

 Rajiv Gandhi National Crèche Scheme

Working women needs support in terms of quality, substitute, care for their young
children while they are at work. This scheme provides crèche and day care facilities to
those working women’s and poor women’s. This scheme comes under the central social
welfare board.

 Short Stay Home For Women and Girls (SSH)

Short Stay Home for women and girls was introduced as a social defense mechanism, by
the Department of Social Welfare in 1969. The scheme is meant to provide temporary
accommodation, maintenance and rehabilitative services to women and girls rendered
homeless due to family discord, crime, violence, mental stress, social ostracism or are
being forced into prostitution.

 Mid Day Meal

This scheme provides a post of bhojanmata in every primary and secondary school who
make the food for school children.

 Assistance to States for Feed and Fodder Development

The scheme provides central aid and assistance to states to supplement their efforts in
feed and fodder development sector. This scheme was implemented from April 2005.
Under this scheme women worker gets aids for the feed and fodder.

 Rajiv Gandhi Scheme for Empowerment of Adolescent Girls

(RGSEAG) or SABLA

It is a centrally sponsored scheme aimed at all-round development of adolescent girls. It

has been introduced in the year 2010-11 on a pilot basis in 200 districts from all the
States/UTs. It aims at making the girls ‘self-reliant’ by improving their health and
nutrition status, promoting awareness about health, hygiene, nutrition, adolescent

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reproductive and sexual health, family and child care and facilitating access to public
services through various interventions such as guidance and counseling and vocational
training. It also aims towards mainstreaming out-of-school adolescent girls into
formal/non-formal education. Nearly 100 lakhs adolescent girls per annum are expected
to be benefitted under the scheme.

 STEP (Support to Training and Employment Program for Women)

In 1986-87 with the aim of upgrading skills of women for self and wage employment the
government of India launched this scheme. The target group includes the marginalized
asset less rural women and urban poor. Special focus is on identified focal districts in
which women are particularly disadvantaged. The project duration is for 5 years with
beneficiaries’ ranging from 200-10000 and a maximum per capita cost of Rs 16000. The
funds are directly released to different NGOs and not to the State Governments.

 Social Empowerment and Education

-Elementary Education

-Secondary Education

-Vocationalization of Secondary Education

-Adult Education

-Higher and Technical Education

-Nutrition Education and Extension

-SarvaShikshaAbhiyan

These schemes are basically for the purpose of providing educational facilities to the
women. Because education play a very important role when it comes to any sort of
empowerment and specially women empowerment.

 Health & Nutrition

-Integrated Child Development Scheme

-Reproductive & Child Health Program, Ph.II (RCH II)

-National Rural Health Mission

-JananiSurakshaYojana

-Integrated Child Protection Scheme

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-Food Security Mission

-National Iodine Deficiency Disorders Control Program (NIDDCP)

-Indira Gandhi MatritvaSahyogYojana (IGMSY)

It is a conditional cash transfer scheme that targets pregnant and lactating women 19
years of age and older who have had two children. Its goal is to partly compensate them
for wage-loss during childbirth and childcare and to provide conditions for safe delivery
and good nutrition and feeding practices. It is a pilot project launched in year 2010

 Kishori Shakti Yogana

This schemes aims to improve the nutritional, health and development status of
adolescent girls, promote awareness of health, hygiene, nutrition and family care, link
them to opportunities for learning life skills, going back to school, help them gain a
better understanding of their social environment and take initiatives to become
productive members of the society.

 Empowerment of Vulnerable and Marginalized Groups and Women

in Difficult Circumstances

– Schemes of National Scheduled Tribes Finance and development Corporation

(NSTFDC)

– Integrated Child Development Scheme

-Integrated Child Protection Scheme

-Swarnjayanti Gram SwarozgarYojana

-Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)

-Swadhar

The scheme envisions a supportive institutional framework for woman victim of difficult
circumstances so that she could lead her life with dignity and conviction. It envisages
that shelter, food, clothing, and health as well as economic and social security are
assured for such women. It also envisions that the special needs of these women are
properly taken care of and under no circumstances they should be left unattended or
abandoned which could lead to their exploitation and desolation.

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  Ujjawala
This schemes aims to prevent trafficking of women and children for commercial sexual
exploitation through social mobilization and involvement of local communities,
awareness generation program generate public discourse through workshops/seminars
and such events and any other innovative activity. It also facilitate rescue of victims
from the place of their exploitation and place them in safe custody. It provides
rehabilitation services both immediate and long-term to the victims by providing basic
amenities/needs such as shelter, food, clothing, medical treatment including counseling,
legal aid and guidance and vocational training.

 Indira AwaasYojana (IAY)

This scheme provides shelter to the poor community. Right now implemented in every
state and providing homes to the poor.

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 Conclusion
Within the research around violence against women it seems that all roads eventually
lead to the need to readjust structural power imbalances to alleviate the greater
privileges men have. However, the lack of clear and definite conclusions about which
aspects of this power and how it drives perpetrators of violence indicates that more
research is needed into the broad, societal level factors that underlie violence against
women. Observations around the persistence of gender hierarchies that accord men
greater status despite extensive social changes must be understood.

Consideration of the relative social status of the genders has implications for prevention
of violence against women strategies and policies at all levels of the ecological model
including educational programming and service delivery.

 The goals of prevention, reduction and elimination of intimate partner and sexual
violence are currently being approached with a focus on achieving gender equality
but more research is needed to understand exactly what this means and how it can
best be implemented at the societal level. Incorporating sociological perspectives
that enhance our understanding of which aspects of inequality have the most impact
on violence against women will be beneficial for informing the policy around this
important area of work.
 Measures and economic indicators around gender equality should include
consideration of societal attitudes and structural hierarchies and how these affect
access to resources and power.
 In education and programming to reduce violence against women, an understanding
of gender and its relationship to status must inform education and programming to
ensure esteem and respect for differences between socially constructed groupings.
Constructs of masculinity and femininity, so defined by cultures and social norms,
need work to accommodate a masculinity that does not include violence and that
incorporates attitudes of mutual respect between the genders. The evidence base
around how to do this is currently expanding.
 Organisational change could incorporate policies and work practices that
acknowledge the impacts of gender difference and attitudes towards that difference
in order to challenge traditional norms around gendered social roles.
 At the service provision level, recognising and acknowledging the impacts that
entrenched inequality based on gender and other intersecting disadvantage have is
important in order to move forward.

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 BIBLIOGRAPHY
I am overwhelmed in presenting my research work on human rights
of women. I express my deep sense of gratitude for following web sources
to take their references for these research work.

Website:
o https://edugeneral.org/blog/polity/women-rights-in-
india/
o http://www.ohchr.org/Documents/Events/WHRD/Wo
menRightsAreHR.pdf
o http://www.shareyouressays.com/essays/short-essay-
on-women-in-modern-indian-society/83924
o http://saarthakindia.org/womens_situation_India.ht
ml
o https://homegrown.co.in/article/8723/11-landmark-
judgments-by-the-indian-supreme-court-in-recent-
times
o https://timesofindia.indiatimes.com/city/kolkata/four
-year-old-girl-sexually-assaulted-by-teacher-inside-
school-premises/articleshow/61875172.cms
o https://lawsheet.wordpress.com/2015/07/12/cyber-
crime-against-women-safety-behind-computer-
screens/
o https://www.lawctopus.com/academike/schemes-
strategies-for-women-empowerment-india/
o https://aifs.gov.au/publications/gender-equality-and-
violence-against-women/conclusion

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