GENDER BASED SENSTIVITY: IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS BY - MS. MANVI JAIN, MS. NIDHI AGARWAL & MR. VANSH GOYAL
GENDER BASED SENSTIVITY:
IMPLEMENTATION OF CONSTITUTIONAL PROVISIONS
AUTHORED BY
- MS. MANVI JAIN[1],
Abstract
The 5th goal among the 17 Sustainable
Development Goals (SDGs) adopted by the United Nations is 'Gender Equality'.
The principle of gender equality is also recognized in the Constitution of
India, evident in its Preamble, Fundamental Rights, and Directive Principles of
State Policy. But women in India were treated distinctly since antediluvian
times. Even after India got the Independence from the British Rule in 1947, the
condition of treating the women was not changed. They were treated as
discouraged from doing various things and were deemed to be as the caretakers
of the home. This was the condition in India despite the Indians worship
different goddess for different purposes and reasons like Goddess Saraswati for
‘knowledge’, Goddess Durga for ‘power’, Goddess Lakshmi for ‘wealth’, etc. Even
in recent times, although there is an improvement in the condition of women in
comparison with the condition after Independence, there are several places
where the condition of the women is in some way as same as at the time of the
Independence.
But nowadays, there are several laws
and government policies which promotes the Gender Equality. In this paper, we
will study about these laws and policies. This chapter is divided into three
sections. First section is about the Constitutional provisions and other legal
provisions, second section is about Government Policies for Gender Equality,
and the third section is for the initiatives taken by the Government for
achieving Gender Equality.
Keywords: Gender Equality, Constitution
of India, Government Policies, Women
Introduction
Discrimination against women and
girls is a long-standing and widespread issue that affects Indian society on
many fronts. India's position on rankings like the Gender Development Index
indicates that, despite comparatively high rates of economic growth, the
country has not made enough progress towards gender equality. Over the past 10
years, India's GDP has grown by around 6%, but the proportion of women in the
work force has drastically dropped, from 34% to 27%. There has been no change
in the gender pay disparity in white-collar positions, with a recent poll
revealing a gender pay discrepancy of 27%. There is a rising trend in crimes
committed against women, especially violent ones like rapes, dowry murders, and
honor killings.
Gender Equality: Meaning and
Importance
When an individual's gender does not
affect their access to opportunities or rights, this is referred to as gender
equality. All genders are impacted by gender inequality, including men,
transgender people, and those who identify as gender nonconforming. Families,
children, and people of all ages and backgrounds are then affected. Gender
equality means that men, women, transgender people, and those who identify as
gender nonconforming will not have their rights, responsibilities, and
opportunities determined by their biological gender, but it does not indicate
that men and women will have or need the same resources.
In addition to being a question of
justice, gender equality is the foundation of a thriving society. Encouraging
everyone, regardless of gender, can lead to a safer world, healthier
communities, and stronger economy. Gender equality allows people to overcome
negative preconceptions and pursue their goals regardless of social
expectations. It fosters an environment where a variety of abilities and
perspectives foster innovation and progress and where everyone is welcomed,
valued, and respected. Future generations will have a brighter future if gender
equality is adopted.
Constitutional Provisions regarding
Gender Equality
There are several provisions in the
Constitution as well as the Preamble which provide equal opportunities and
gender equality to both men and women like the equality in the opportunity in
the workplace, wages earned, etc. Some provisions in the Constitution provide
no discrimination between men and women. These provisions are as follows:
a. Preamble: The Preamble of the Constitution
provides the equality in the status and opportunity to both men and women and
also appeals them to promote the equality among all the citizens of India. The
Hon’ble Supreme Court in its judgement said about the importance of the
Preamble in the Constitution.
In Re Berubari Union and Anr. v.
Unknown[4],
the Court through this case stated that the “Preamble is the key which open
the intellect of the makers of the Constitution but it cannot be a part of the
Constitution”.
In Kesavananda Bharti v. State of
Kerala[5],
the landmark case of the Constitution which brought several amendments in the
Indian Constitution. The Supreme Court in this case highlighted that “the
Preamble is an important part of the Constitution and it plays an important
role in the interpretation of the provisions and the statutes of the
Constitution”.
b. Article 14: The equality right is
discussed in Article 14. A fundamental right is to guarantee that every Indian
citizen is treated equally before the law and to forbid discrimination on the
basis of caste, gender, colour, or religion. Young women who are forced into marriage
struggle to finish their education and obtain jobs, making them completely
reliant on men for everything.
In Air India v. Nargesh Meerza[6],
the Air India service only allowed women to work up to the age of 35, and if
they got married or had a kid, they were sacked. This case interpreted Article
14 and established that a person's gender cannot dictate their employment. The
condition was deemed demeaning and oppressive towards women, leading the court
to declare them arbitrary.
In National
Legal Service Authority v. Union of India[7],
the court read Article 14 and concluded that it guarantees equality and equal
protection under the law to "any persons," using the terms "any
persons" to include transgender people. In addition, the interpretation of
Articles 15, 16, 19 (1) (A), and 21 led to the recognition of the transgender
community as a "third gender," and the highest court mandated the
commencement of efforts to normalise this population.
c. Article 15: Art. 15 protects the citizens from
the discrimination on the basis of:
Ø Religion- It implies that no state or group may deny someone
access to any public facility or policy on the grounds of their religion.
Ø Race- It is unacceptable to treat someone differently
because of their ethnic background. For instance, people of Indian descent
shouldn't treat an Afghani person unfairly.
Ø Caste- Discrimination on the basis of caste is forbidden.
Usually, it is done to stop the upper caste from committing crimes.
Ø Sex- There should be no gender-based discrimination against
any individual. discriminatory, for instance, against transgender people and
women.
Ø Place of birth- An individual's place of birth shouldn't be a basis
for prejudice.
Article 15 of the Indian Constitution
safeguards citizens from discrimination on the basis of gender and religion,
racism, and untouchability. Caste discrimination is the most common form of
discrimination in India. Caste separation leads to discrimination and
untouchability. Although untouchability is officially illegal in India, people
still experience it in some places because of caste beliefs and a lack of legal
knowledge.
In Air
India Cabin Crew Association v. Yeshawinee Merchant[8],
the apex court ruled that, in cases when an employer is operating under a
legally sanctioned affirmative action plan, they are not prohibited by the
Constitution from considering a candidate's sex when making hiring choices.
d. Article 16: Article 16 covers the right to
equality in the opportunity in the matters in the field of public employment. Article
16 forbids sex-based discrimination and ensures equality of opportunity in
public employment concerns. This clause has been essential in combating
gender-based discrimination in the workplace and guaranteeing women in the
public sector equal access to job opportunities.[9]
e. Article 39: Equal pay for men and women is
covered by Article 39. Men and women must not be treated differently when it
comes to the compensation, they receive for doing the same task. The
goal of this article is to protect both men and women from the exploitation of
less wages for the same work they done. The principle of the “equal pay for
equal work” does not apply on all types of similar works. In some cases, the
people doing the same or similar work or duties, there may be two pay scales.
More often than not, the functions performed at two positions may seem to be
similar or identical, but there may be a difference in the performance degree.
According to the circumstances in V. Markendeya v. State of Andhra Pradesh[10],
there existed a salary gap between non-graduate supervisors with a diploma and
licence and graduate supervisors with an engineering degree. The Court noted
that the difference was legally permissible and that its foundation was
reasonable because it was founded on educational criteria.
In Randhir
Singh vs Union of India[11],
the Supreme Court ruled that equal pay for equal work is a constitutional goal
that can be enforced in cases of discriminatory practices in pay scales based
on irrational classifications, even though it is not expressly a fundamental
right and can be inferred from Articles 14 and 16 of the Constitution.[12]
Other
Indian Laws related to Gender Equality
1. Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013
This Act was introduced on the basis
of the guidelines provided in the case of Vishakha & Ors. v. State of
Rajasthan[13],
which provides the safeguard to the women from the sexual harassment at
workplace. This violates women's fundamental rights and violates their right to
modesty. The government is in charge of establishing the relevant laws and
guidelines in order to give them a secure environment. The Hon’ble Apex Court
gave some guidelines in the abovementioned case which later on became the base
of the Act. The guidelines are as follows:
After the Vishakha Guidelines had
been in effect for seventeen years, the Parliament finally awoke from its
profound slumber and approved the Act. Although the recommendations' scope is
far more limited than this act's, the Vishakha Case guidelines served as the
act's fundamental foundation. While the workplace encompasses both private and
corporate settings, as well as the organised and unorganised sectors, the act
protects "aggrieved women," which encompasses a broad spectrum of
women regardless of age or job position. If the accused is found guilty of
sexual harassment, the statute further stipulates that they might be fined up
to Rs. 50,000. The act's most significant provision is the creation of the
Internal Complaint Committee, which is in charge of complaints against the
employer and two other members in establishments with ten or more employees. In
establishments with fewer than ten employees, or in cases where the employer is
the target of a complaint, the Local Complaint Committee is established. For
these women who work in the unorganised sector, this committee is crucial.
2. The Dowry Prohibition Act, 1961
In order to stop dowry demands during
or after marriage, the Dowry Prohibition Act of 1961 was created. It is
necessary to end the outdated practice of giving and receiving dowries. Without
exception, the woman and her family must provide for the husband and his
family's needs, which may include a home, money, land, or other expensive
presents. The wife and her family have to fulfil the demands of the husband and
his family which is necessary to prevent the wife from the cruelty, ill-treatment,
tortured, etc by her in-laws.[14]
Therefore, such an act was necessary to be enacted which was enacted on May 01,
1961, which aims to prevent the giving or receiving of a dowry. The act was
amended several times which also included the minimum and maximum punishments
and the penalties for demanding the dowry or show any offer of money, property
in connection with a marriage. The Bhartiya Nyaya Sanhita, 2023, which is
replacing the Indian Penal Code, 1860, also has rules pertaining to dowries, including
as the crimes of dowry-related cruelty, dowry death, and abetment to suicide.
When evidence of the dowry demands could be presented, these statutes penalised
violence committed against women by their husbands and in-laws.
In Section 3, the punishment
for giving and receiving dowries is discussed. The offence carries a minimum
sentence of five years in jail and a minimum fine of Rs. 15,000, or the dowry's
value, whichever is larger. According to Section 4, requesting a dowry
from the bride or groom's parents, guardians, or relatives is punishable by
more than six months in jail, which can go up to two years, and a fine of up to
Rs. 10,000.[15]
In Bhoora
Singh v. State of Uttar Pradesh[16],
the court held that the deceased had written a letter to her father about her
condition in the in-law’s house of being ill-treated, harassed, threatened, and
cruelty which were the consequences of the non-satisfaction of the dowry
demands before being set on fire by her in-laws. Thus, an offence of the dowry
demand under Section 4 had been committed.[17]
Another case of Vemuri Venkateshwara Rao v. State of Andhra Pradesh[18],
the court has laid down certain guidelines for the establishment of the offence
of the dowry death which are:
a. The accused and family members
harassed the deceased and demanded the dowry;
b. The deceased had passed away; and
c. The death occurred under unusual
circumstances. The other things naturally follow, and the crime of dowry death
is proven, as there was a demand for the dowry, harassment, and death within
seven years of marriage.
According to the court’s ruling in Arjun Dhondiba Kamble v. State of Maharashtra[19],
"dowry" is a demand for the property of valuable security that has an
inextricable link to the marriage; that is, it is a payment made by the bride's
parents or other family members to the groom, his parents, and/or guardians in
exchange for the consent to marry the future bride. However, the demand for the
property or valued security will not be considered a dowry demand if it is
unrelated to the reason for the marriage.[20]
3. Protection of Women from Domestic
Violence Act, 2005
Even now, domestic violence is common
in many families. Domestic abuse occurs when the husband and his family members
torment or mistreat the wife. She endures emotional and physical torture at the
hands of her in-laws. These issues go ignored because people believe that
family difficulties should be handled inside the family, which means that
crimes of this nature go unpunished.[21]
The section 2 of the
act defines the term “aggrieved person” as a woman who claims to have
experienced domestic violence from a male she has been in a relationship with. A
"domestic relationship" is a relationship between two people who
share a household and might be derived from blood links, marriage, adoption, or
familial ties & the section 3 defines the term “domestic
violence” as if a woman's health, safety, limbs, life, or mental and
physical well-being are all harmed or endangered; the aggrieved person is
harmed, harassed, injured, or put in danger in order to force her or any of her
family members to comply with illegal demands, such as a dowry; or the
aggrieved person suffers any other physical or mental harm.[22]
In Sandhya
Wankhede v. Manoj Bhimrao Wankhede[23],
the Supreme Court ruled that a lawsuit against the female relatives of the
spouse or the male partner may fall under the act's broad definition of
"relative."
In the case of Bhartiben
Bipinbhai Tamboli v. State of Gujarat[24],
the four types of abuse which is covered by the act has been explained by the
court which are se follows:
Ø Physical Abuse: It refers to the application of
physical force on a woman in order to cause her harm. Physical assault,
criminal intimidation, and criminal force, such as hitting her or threatening
her with a weapon, etc.[25]
Ø Sexual Abuse: Any act that forces a woman to
engage in undesired, risky, or demeaning sexual activity is considered a form
of physical force. It also involves using derogatory language toward her,
causing her pain with an item while having sex, etc.[26]
Ø Emotional Abuse: It includes verbal abuse which
involves things like yelling name calling, blaming her, frightening her, acting
in a domineering manner, insulting her, and continuously criticizing her.[27]
Ø Economic Abuse: A woman who experiences this type of
abuse may not receive enough money from her spouse to support herself and her
children, including for the purchase of food, medications, and other
necessities. It also prohibits women from working in any capacity.[28]
4. Equal Remuneration Act, 1976
Men and women cannot be paid
differently for performing "same work or work of similar nature,"
according to the Equal Remuneration Act of 1976 (ERA), which defines "same
work or work of similar nature" as "work in which the skill, effort,
experience, and responsibility required are the same, when performed under
similar working conditions by employees and the difference, if any, between the
skill, effort, experience, and responsibility required for employees of any
gender, are not of practical importance in relation to the terms and conditions
of employment."[29] According
to the ILO's historic Global Wage Report 2018/19, women still make about 20%
less than men. With significant differences between Belgium, where the income
disparity is just 3%, and the Republic of Korea, where the female pay gap is a
significant 32%, the gender pay gap has taken to the global stage. According to
the survey, low-income nations like Namibia have a wider pay disparity than
high-income nations like Sweden.[30]
An equal remuneration claim for male
and female stenographers was made in the case of Mackinnon Mackenzee &
Co. Lts. v. Andrey D’Costa[31].
The Supreme Court ruled that this type of distinction is untenable and that the
management was unable to reach a settlement by disobeying the statute's
explicit provisions.
The Supreme Court noted in the
seminal decision of State of Punjab and Ors. v.
Jagjit Singh and Ors.[32]
that temporary workers who carry out comparable tasks and responsibilities to
those of permanent employees should be paid on par with those in comparable
positions. Additionally, it said that regardless of the employee's gender or
class, this approach must be followed when the same task is being done.[33]
5. Women’s Reservation Bill, 2023
The Women's Reservation Bill, also
known as the Constitution (One Hundred and Sixth Amendment) Act, 2023, is a
noteworthy piece of Indian legislation that aims to increase the presence of
women in politics. The purpose of this bill is to allocate one-third of all
seats in the National Capital Territory of Delhi's Legislative Assembly, state
legislative assemblies, and Lok Sabha to women. On September 19, 2023, it was
first presented to the Lok Sabha and swiftly passed. On September 21, 2023, it
was then presented to the Rajya Sabha and passed the same day.[34]
The Bill contains some key provisions:
Ø Seat Reservation: The Act stipulates that women must
hold 33% of the seats in the state assemblies and Lok Sabha, including those
now held by Scheduled Tribes (ST) and Scheduled Castes (SC). The purpose of
this clause is to guarantee increased female involvement in legislative
procedures.[35]
Ø Timeline for Implementation: Only after a census and ensuing
delimitation process are finished will the reservation become operative. This
indicates that even though the law is presently in effect, its actual
application is anticipated to coincide with the national elections in 2029.[36]
Ø Rotation of Reserved Seats: In order to give various
constituencies, the chance to elect female MPs throughout time, the Act
establishes a system wherein reserved seats will be switched following every
delimitation.[37]
Ø Duration of Reservation: The 15-year period allotted for
women's reservations may be extended by a parliamentary resolution. This
timeframe enables recurring evaluations and modifications in response to
changing political environments.[38]
Government Policies for Gender
Equality
The Government of India has already
framed various policies which helps in achieving the Gender Equality in the country.
These policies up to some extent reduce the difference in the genders. Such
policies are as follows:
National Policy for the Empowerment
of Women, 2001
For the purpose of advancing,
developing, and empowering women, the National Policy for the Empowerment of
Women was adopted in 2001. The following are the objectives of the Policy:
a. Establishing an atmosphere that
supports women's general growth and helps them realise their greatest
potential. Adopting constructive social and economic policies will accomplish
this.[39]
b. The de facto and de jure enjoyment by
women of all human rights and fundamental freedoms on an equal basis with men
in every field.[40]
c. Ensuring that women participate
equally in the social, political, and economic life of the country and have
equal access to decision-making.[41]
d. Among other things, women's equal
access to social security, healthcare, excellent education at all levels,
career and vocational guidance, equal pay, employment, public office, and
workplace health and safety.[42]
e. Fortifying the legislative frameworks
designed to eradicate all types of discrimination against women.
f. Establishing and enhancing alliances
with civil society, especially women's groups.
Women Vocational Training Programme
In order to integrate women into the
workforce through vocational training, the Ministry of Skill Development and
Entrepreneurship launched the Women Vocational Training Program in 1997. The
International Labour Organisation (ILO) and the Swedish International
Development Authority (SIDA) provided support in the formulation of this
initiative.[43] The
Programme offers:
a. Demand-driven short-term courses,
b. Teacher skill training under the
Craft Instructors Training Scheme (CITS),
c. Industrial skill training under the
Craftsmen Training Scheme (CTS),
d. Specialised programs for educating
ITI instructors are among the services provided by the program,
e. Customised courses based on industry
demands
A network of eleven institutes,
subsequently dubbed the "National Skill Training Institutes for
Women," carried out this initiative. The Central Government has direct
authority over these institutions. In addition to the eleven NSTIs that now
exist, additional ones have also been created.[44]
Gender Advancement for Transforming Institutions
(GATI)
The gender equality policy of the
Gender Advancement for Transforming Institutions (GATI) program is to provide a
setting in which women may engage in STEMM (Science, Technology, Engineering,
Medicine, and Mathematics) fields on an equal basis. The Department of Science
and Technology (DST) started the program as a trial project. GATI seeks to
encourage research and higher education institutions to foster diversity,
inclusivity, and the entire range of talent for their own advancement. It
specifically aims to establish a supportive atmosphere for women to participate
equally in STEMM fields at all levels in order to address current, enduring
issues.[45]
A sustainable self-assessment and
accreditation mechanism is being piloted by GATI. The GATI Charter, which is
founded on ten fundamental principles that specifically recognise gender
inequity and express a dedication to removing structural and cultural obstacles
to women's development in education and the workforce at all levels, forms the basis
of the program. GATI is creating a very unique, creative, and native framework
that has its roots in the Indian culture, even if it takes influence from the
Athena SWAN Gender Equality Charter and accreditation framework run by Advanced
HE, UK since 2005.[46]
The GATI policy is based on the
following principles:
a. All are equal: Individuals of any gender may
contribute to brilliance in any field.
b. Get rid of gender discrimination: GATI wants to get rid of gender
discrimination and ensure that everyone is treated equally.
c. Establish a supportive environment: It seeks to establish a supportive
environment for women to engage in STEMM fields on an equal basis.
d. Address ingrained issues: Its main goal is to address
ingrained issues that prevent women from pursuing careers in STEMM fields.
e. Offer institutional support: It seeks to offer institutional
support systems to improve everyone's professional participation, particularly
that of women.[47]
Initiatives Taken By Government For
Achieving Gender Equality
Beti Bachao Beti Padhao, 2015 (BBBP)
Prime Minister Shri Narendra
Damodardas Modi Ji launched the scheme “Beti Bachao Beti Padhao” on 22nd
January, 2015 in Panipat, Haryana. This program encourages women's empowerment
in the nation and tackles the problem of the lowering prevalence of child sex
nationwide. This scheme has some major objectives:
Ø Improve the child-sex ratio,
Ø Prevention of gender-biased
sex-selective elimination,
Ø Ensuring the survival and protection
of the girl child,
Ø Ensuring education and participation of
the girl child,
Ø Protecting rights of girl children.
Working Women Hostel
The goal of the Scheme for Working
Women Hostel (WWH) is to protect working women. Whenever feasible, the program
aims to give working mothers secure housing together with childcare for their
kids. The following groups of working women and their kids are among the
program's beneficiaries:
Ø Working women who are married but do
not reside in the same city or region as their spouse or close family members,
as well as those who are widowed, divorced, separated, or single. It's possible
that women from underprivileged backgrounds will be given precedence.
Additionally, there must to be a clause allowing beneficiaries with physical
disabilities to reserve seats.[48]
Ø Women receiving on-the-job training,
provided that the duration of the program does not surpass a year. Only once
working women have been accommodated will there be a vacancy. No more than 30%
of the total capacity should be made up of women receiving job training.[49]
Ø Boys under five years old and girls
up to eighteen will live with their moms if they accompany working mothers. The
program's Day Care Centre services are also available to working mothers.
Scheme for Adolescent Girls
The Scheme for Adolescent Girls
(SAG), formerly the Rajiv Gandhi Scheme for Empowerment of Adolescent Girls
(SABLA), was created in 2010. Adolescent girls between the ages of 11 and 18
are covered by the program, which attempts to educate them on a variety of
topics, including socio-legal concerns, nutrition and health education, and
life skills. The Nutrition Programme for Adolescent Girls (NPAG) and the
Kishori Shakti Yojana (KSY) Scheme were superseded by this scheme.
The objectives of SAG are as follows:
Ø To facilitate the empowerment and
self-development of teenage females.
Ø Enhancing the diet and well-being of
teenage females.
Ø Raising awareness about diet,
cleanliness, health, etc.
Ø Adolescent females' living,
home-based, and occupational skills are being improved.
Ø assisting the out-of-school females
in returning to formal education.
Ø Providing information on public
services including post offices and Primary Health Centres (PHCs) that are
available.
National Commission for Women (NCW),
1992
Under the National Commission for Women
Act (1990), the Government of India established the National Commission for
Women (NCW) in January 1992 as a statutory entity. The commission's role is to
research and keep an eye on all issues pertaining to legal and constitutional
protections. Along with reviewing and recommending current laws, it also
investigates complaints about women's rights violations, offers recommendations
for the implementation of various policies that impact women, and urges all
state governments to establish State Commissions for Women (SCW).[50]
The NCW requires a minimum of five
members, including a chairperson nominated by the Central Government, five
members with expertise in a variety of areas, including law, trade unionism,
women's industry potential management, women's voluntary organisations,
education, administration, economic development, and social well-being, and a
member secretary nominated by the Central Government who is an expert in
management, an organisation, or an officer who is a member.
Mission Shakti, 2001
The Ministry of Women and Child
Development runs the extensive awareness campaign Mission Shakti with the goal
of improving women's safety, security, and empowerment. The program's main goal
is to economically empower women while granting them the autonomy to choose
their own physical characteristics and mindsets and by creating an atmosphere
free from threats and abuse. By promoting skill development programs, capacity
building, financial literacy, etc., it aims to alleviate the burden on women
while also increasing their participation in the workforce.[51] By
assisting Self-Help Groups in becoming self-sufficient, this initiative will
empower women. The Mission Shakti program will also help women become
financially competent, self-sufficient, and have a sustainable source of
income.[52]
Some of the specific objectives under
this programme are:
Ø Supporting and advancing women's
social, technical, and economic progress is one of the program's particular
goals.
Ø To support and strengthen them
financially. establishing connections between banks and women's self-help
organisations.
Ø To assist self-help groups.
Ø To provide them with market support,
technical help, and finance connections as required.
Ø Providing information and training on
how to handle women's
Ø Self-supporting groups.
Ø To advertise and promote the goods
produced by women's self-help groups.
Nirbhaya Fund, 2012
Women and girls have been observed to
be subjected to abuse and exploitation on the streets, on public
transportation, and in other public places that restrict their freedom of
movement and deter them from going to the public places of their choosing. After
a paramedical student was gang-raped in 2012, the Nirbhaya Fund was
established. Consequently, the government established the Nirbhaya Fund, a
special fund overseen by the Department of Economic Affairs in the Ministry of
Finance with the goal of improving women's security and safety in the nation.
For the women who were harmed, the funds were utilised to create one-stop
facilities, safety equipment, and fasttrack courts.[53] The
"One Stop Centre (OSC) Scheme," one of the Nirbhaya Fund's
initiatives, went into effect statewide on April 1, 2015.[54]
Ø OSCs aim to support women who have
been abused by offering a range of integrated services under one roof, such as
police facilitation, medical aid, legal and psycho-social treatment, and
temporary lodging.[55]
Ø OSCs must be situated in either newly
constructed buildings with approved designs or existing structures, and they
must be within two kilometres of hospitals or other medical facilities.[56]
Ø As part of the initiative, One Stop
Centres are being set up all throughout the country. The 704 OSCs that have
been operationalised so far have provided aid to more than three lakh women.[57]
Women Helpline Scheme
On April 1, 2015, the Women Helpline
Scheme went into operation. The program offered all women who are impacted by
abuse in both public and private settings a 24-hour emergency response. Each
state and union territory has its own hotline. Some of the Women's Helpline's
important goals are as follows:
Ø Offer a toll-free, round-the-clock
telephone service to women who have experienced violence and are looking for
information and help.
Ø Refer people to the police,
hospitals, or ambulance services to help with crisis intervention.
Ø Describe the suitable support
resources that are accessible to the victimised lady in her specific
circumstances within the neighbourhood where she lives or works.
Ø The hotline in its local region has
created and maintained a thorough referral database.
Stree Manoraksha Project, 2022
On March 2, 2022, the Ministry of
Women and Child Development and the National Institute of Mental Health and
Neuro Sciences (NIMHANS), Bengaluru, launched the Stree Manoraksha Project,
which aims to train the staff working in one-stop centres across the country to
address the mental and psych-social needs of women who have experienced
violence of any kind. Intimate Partner Violence (IPV) has affected one in three
married women, according to the National Family Health Survey (NFHS-5)
2019–2021. But around 90% of women have never asked for assistance when they
have experienced violence. Women are now more susceptible to suffering from
crippling effects on their bodily and emotional well-being as a result of this.
Furthermore, the prevalence of gender-based violence has increased
significantly as a result of the COVID-19 epidemic. Support for mental health
is therefore extremely important and must be customised to meet the specific
requirements of each woman.
Conclusion
In order for the nation to advance
socioeconomically, women are essential. Despite being regarded as the backbone
of any country, women are unable to achieve their goals. As a result, it is
crucial to educate kids about their fundamental rights so they may understand
their place in society and become self-sufficient in all facets of life. In
order to properly appreciate the steps being taken to enhance the status of
women, it is imperative that information be generated in a variety of sectors. In
India, programs for women's empowerment are designed to guarantee their equal
access to opportunities, resources, and safety. The socio-economic and
political standing of women, steps to improve their position, women's human
rights, and the protection of women's rights by the Indian Constitution and
laws for that purpose are the primary issues that have been taken into account.
But regrettably, the disparity persists in spite of the many steps the Indian
government has done to promote gender equality and women's empowerment. Despite
being an essential component of every civilisation, women have always been
overlooked. India must keep moving forward with raising women's position.
[1] B.Com.-LL.B.(H), Institute of
Legal Studies and Research, GLA University, Mathura, U.P., India
[4] Re Berubari Union and Anr. v.
Unknown, AIR 1960 SC 845, 1960 3 SCR
250
[6] Air India v. Nargesh Meerza,
1981 AIR 1829, 1982 SCR (1) 438, AIR 1981 SUPREME COURT 1829
[8] Air India Cabin Crew Association
v. Yeshawinee Merchant, AIR 2004 SC 187
[9] Pandey A., Gender and the
Indian Disclosure: Exploring Indian Laws and Cases, International Journal
of Human Rights Law Review, Vol. 3, Issue 4, Kolkata, India, 2024, pp. 6-7
[10] V. Markendeya v. State of Andhra
Pradesh, 1989 AIR 1308, 1989 SCR (2) 422
[11] Randhir Singh vs Union of India,
AIR 1982 SC 879
[12] Agrawal A., Is Equal Pay for
Equal Work a Fundamental Right in India, Sept. 19, 2024, https://lawbhoomi.com/is-equal-pay-for-equal-work-a-fundamental-right-in-india/ (visited on December 13, 2024)
[13] Vishakha & Ors. v. State of
Rajasthan, AIR 1997 SC 3011, 1997 AIR SCW 3043
[16] Bhoora Singh v. State of Uttar
Pradesh 1993 Cri. LJ 2636 All
[18] Vemuri Venkateshwara Rao v.
State of Andhra Pradesh, 1992 Cri. LJ 563 A.P
[19] Arjun Dhondiba Kamble v. State
of Maharashtra 1995 AIR HC 273
[20] Supranote at 20
[21] Supranote at 19
[22] Kaushal S., Article: Protection
of Women from Domestic Violence Act, February 17, 2020
[23] Sandhya Wankhede v. Manoj
Bhimrao Wankhede, 2011 AIR SCW 1327, AIR 2011 SC (Cri) 567
[24] Bhartiben Bipinbhai Tamboli v.
State of Gujarat, 2018 SCC OnLine Guj 9: (2018) 2 GCD 1069: (2018) 2 DMC 221:
(2018) 1 RCR (Cri) 831
[25] Supranote at 27
[26] Ibid
[27] Ibid
[28] Ibid
[29] Bojamma B., Eqaul
Remuneration Act, 1976: Bridging Gender Pay Gap in India, International
Journal of Science and Research, Bol. 12, Issue 4, India, April 4, 2023, pp.
1379
[30] Ibid, pp. 1378
[31] Mackinnon Mackenzee & Co.
Lts. v. Andrey D’Costa, 1987 AIR 1281, 1987 SCR (2) 659, AIR 1987 SC 1281
[32] State of Punjab and Ors. v.
Jagjit Singh and Ors., AIR 2016 SC 5176, 2017 (1) SCC 148
[33] Aggarwal S., Article: Equal
Remuneration for Equal Work, Aug. 31, 2020
[34] https://www.lawweb.in/2024/11/the-womens-reservation-bill-2023.html
(visited on December 15, 2024)
[35] Ibid
[39] Bajaj N., Article: Government
policies for gender equality in India, March 22, 2022; https://blog.ipleaders.in/government-policies-for-gender-equality-in-india/#Government_policies_for_gender_equality_in_India
(visited on December 15, 2024)
[40] Ibid
[41] Ibid
[42] Ibid
[43] Ibid
[44] Ibid
[46] Ibid
[48] Supranote at 44
[49] Ibid
[50] Gazanfar S., Dr. Nazir A., An
Initiative on Women Equality and Empowerment by Indian Government, IOSR
Journal of Humanities and Social Science, Volume 28, Issue 11, Series 6, India,
November, 2023, pp. 02
[51] Ibid, pp. 02-03
[52] Dash P., Mission Shakti: A
Silent Revolution in Odisha, International Journal of Innovative and
Research Technology, Volume 9, Issue 3, India, March, 2024, pp. 2307
[53] Supranote at 55
[55] Ibid
[56] Ibid