WOMEN EMPOWERMENT BY - MOHANRAJ.G & SRI BAGYA.S
WOMEN EMPOWERMENT
AUTHORED
BY - MOHANRAJ.G & SRI BAGYA.S
INSTITUTION: THE CENTRAL LAW COLLEGE
1)INTRODUCTION
Women empowerment was one of the most
important thing that all women wanted in their life because based on gender
women are ill-treated i.e., equal rights were not provided for them in all
circumstances for example education, employment, etc.,. Women cannot take
decisions by themselves so by women empowerment they can take decisions without
any hesitation or limitations by their family or society. We treat our country
i.e., India as our Mother i.e.., goddess (BHOOMI MAATHA). But in reality this
is not true because women are subjected to molestation, cruelty, rape, dowry
death, forced pregnancy, forced prostitution, sexual slavery etc..,.To
eradicate this Education was one of the powerful weapon to overcome these
inequalities by women in this era. Comparitively women population was
disproportionate to men’s population i.e., women’s are less in number when
compared to male’s. This is due to lack of education i.e., in ancient times
people thought female gender as shameful so they practiced female infanticide.
2)EVOLUTION OF STATUS OF WOMEN AND WOMEN EMPOWERMENT:
i)ANCIENT INDIA AND WOMEN:
In ancient india female were [1]treated
as godess because of that they treated earth as mother.Equal rights were given
for women as that of male .Women are free to receive education and also free to
take part in spiritual activities along with their husband.Women were treated
as “BETTERHALF” of their husband during this culture.Both male and female were
two sides of the coin in ancient india. Examples: Sita, Draupati etc.,. Child
marriage started to increase.There was limited access to education,practice of
polygamy and sale of girls for marriage were followed.
ii)MEDIEVAL INDIA AND WOMEN:
In later vedic period women rights
were decreased especially their rights in rituals and ceremonial
activities.Later women who [2]were
treated as godess in ancient times got worsed and got dominated by the
men.Gender inequality was increased due to that males started domination against women.The system of ‘sati’,’child
marriage’ were introduced.The ‘sati’
system means if the husband dies his wife should also sit on the fire burning
his husband and burn herself .Widow remarriage were also not allowed during
this period. Child marriage were also increased due to lack of education.
Later male dominance started to
increase in peak.That is violence against women like domestic violence,acid
attack,rape,cruelty,dowry death,kidnapping,sexual harassment,eve teasing etc.,
iii)CURRENT SCENARIO:
When compared to previous records now
there are some positive developments,privileges and various schemes were
established for women empowerment.Especially in 18th ,19 th and
20 th century women were succeeded in getting equal rights and
social conscience.The various schemes implemented for women empowerment were
one stop centre and universalization of women heiplines,swadhar greh
scheme,ujjawala scheme,working women hostel,beti bachao beti padhao,mahila
shakthi Kendra,pradhan mantra matru vandana yojana etc..,
3)WOMEN EMPOWERMENT SCHEMES:
i)ONE STOP CENTRE AND UNIVERSALIZATION OF WOMEN HELPLINES:
The two schemes[3]
such as One stop centre and universalization of women helplines were
implemented by ministry of women and child development and they are
administering these schemes from nirbhaya funds.
a)
ONE STOP CENTRE:
It is popularly known as
sakthi centres.
AIM: To aid women who are affected by violence.
SERVICES: Medical
aid,legal aid,police support,legal counselling,psycho social counselling etc..,
b)
UNIVERSALIZATION OF WOMEN HELPLINES:
AIM:To aid women who are affected by violence by providing 24 hours helpline
response for both emergency and non
emergency purposes both in public and
private by connecting them with their appropriate police authority.
SERVICES:Medical aid ,police support,legal aid,legal counseling,psycho social
counseling,rescue van etc..,
HELPLINE NUMBER:To get aid from women helpline women can dial 181.
ii)SWADHAR GREH SCHEME:
AIM: Women who want[4]
institutional support for rehabilitation i.e., victims of difficult situations
iii)UJJAWALA SCHEME:
AIM: Protection from [5]trafficking,rescue,rehabilitation
(to restart their life with dignity) and repatriation from sexual trafficking.
iv)WORKING WOMEN HOSTEL:
AIM:To provide convenient,[6]comfortable
and safe accomodation for working women with day care facility for their
children wherever possible i.e., in urban ,semi urban or even rural areas
wherever women employment opportunity exist for women.
BENEFICIARIES:
Single
Widow
Divorcee
Separated
Married but her husband was not
residing in the same place.
ACCOMMODATION:
For girls: upto the age of 18 years
they can accommodate with their working mother.
For boys: upto the age of 5 years
they can accommodate with their working mother.
INCOME LIMITATION FOR ELIGIBILITY TO THIS SCHEME:
Metropolitan cities:
Consolidated (Gross) income should not exceed Rs.50,000/- per month.
Other places: Consolidated (Gross)
income should not exceed Rs.35,000/- per month.
[If the income of working women exceeds the above limits then she should
vacate the hostel within 6 months of crossing the income ceiling.]
RENT UNDER THIS SCHEME:
For single bedroom: Rent should not exceed 15% of their gross
salary
For double bedroom: Rent should not exceed 10% of their gross
salary
For dormitories: Rent should not exceed 7 ½ % of
their gross salary
v)BETI BACHAO BETI PADHAO:
OBJECTIVE:To improve sex ratio[7] of
female, to protect girl child ,to prevent female infanticide,to ensure
education and empowerment of girl child.
4)IMPORTANT LEGISLATIONS FOR WOMEN:
SPECIAL MARRIAGE ACT,1954
HINDU SUCCESSION ACT,1956
DOWRY PROHIBITION ACT,1961
DOMESTIC VIOLENCE ACT,2005
SATI (PREVENTION) ACT 1987
MATERNITY BENEFIT ACT,1961
EQUAL REMUNERATION ACT,1976
CHILD MARRIGE RESTRAINT ACT,1929
HINDU MARRIAGE ACT,1955
HINDU WOMEN’S RIGHT TO PROPERTY ACT,1939
i)
SPECIAL MARRIAGE ACT,1954:
Through amendment the age [8]for
marriage has been amended i.e., for girls minimum age for marriage is 18 years
and for boys minimum age for marriage is 21 years.
ii)
HINDU SUCCESSION ACT,1956:
This act was brought to guarantee the
right of daughter in her father’s property i.e.,daughters receive equal share
in their father’s property and widows have right to inherit theirs husband’s
property.
CASE LAW: VINEETA SHARMA vs RAKESH SHARMA (2020):
Here the supreme court guaranteed the
rights of daughters in a hindu undivided family that they have equal
coparcenary rights by virtue of their birth.But this is applicable to the
daughters born before Hindu Succession Amendment Act(2005).
iii)DOWRY PROHIBITION ACT, 1961:
This act prevents the dowry [9]exchange
before,at and after the marriage.
In dowry cases the burden of proof
lies on person to whom the dowry was given i.e.,the person demanded a dowry.
iv)DOMESTIC VIOLENCE ACT, 2005:
This act aims on all [10]domestic
violences against women for example physical abuse,sexual violence,verbal
abuse,emotional abuse and economic abuse etc..,
v)SATI (PREVENTION) ACT 1987:
This act was abolished on 1[11]829.Sati
means if the husband dies his wife should also sit on the fire burning his
husband and burn herself.
vi)MATERNITY BENEFIT ACT,1961:
Under this act women ensures
maternity benefits and other advantages in workplace in course of employment
during a particular period of before and after child birth.
vii)EQUAL REMUNERATION ACT,1976:
This act mandates equal pay for equal
work for both men and women without any discrimination on basis of gender.
CASE LAW: MACKINNON MACKENZIE vs AUDREY D’COSTA:
This was the first case where the
Supreme court had delivered its first judgement on equal remuneration act. Here
the women alleged about her unequal pay when compared to his male colleague
i.e., both were worked equally but the pay was not equal.
5)RIGHTS FOR WOMEN UNDER INDIAN
CONSTITUTION:
i)FUNDAMENTAL RIGHTS:
ARTICLE 15(1): State shall [12]not
discriminate any citizen irrespective of their religion, race, caste, place of
birth etc., thus ensure all citizens to be treated equally by government
irrespective of sex.
ARTICLE 16(2): State shall not discriminate any
citizen irrespective of their religion, race, sex, place of birth, caste or any
in respect to employment or office under state.
ARTICLE 15(3): Nothing
in this article shall prevent the state from making any special permission for
women and children.
ARTICLE 14: All
citizens i.e., both men and women has equal rights in political, economic and
social activities.
ARTICLE 23:It
prohibits human trafficking and forced labor.
ii)DIRECTIVE PRINCIPLES OF STATE POLICY:
ARTICLE 39(a):All
citizen i.e.,both men and women has equal right to an adequate livelihood
ARTICLE 39(d):All
citizen i.e.,both men and women has equal right for equal pay for their work.
ARTICLE 42:State
to make provision for securing just and
humane conditions of work and maternity relief.
iii)FUNDAMENTAL DUTIES:
ARTICLE 51A(e):To
desist practices expressive of a low opinion to the dignity of women
ARTICLE 300A:Women
has right in property i.e.,right of property to women.
6)BHARATIYA NYAYA SANHITA 2023 AND
WOMEN:
SECTION 80: DOWRY DEATH: Within 7 years of marriage[13]
if the women dies due to any burns ,bodily injury or other than normal
circumstances i.e.,if she was died due to harassment or cruelty by her husband
or of his relatives then they shall be punished with imprisonment not less than
7 years but may extend to life imprisonment.
SECTION 96: PROCURATION OF CHILD: If the child was [14]forced
or seduced for illicit intercourse with another person then they shall be
punished with imprisonment not less than 10 years and shall be liable to fine.
SECTION 74: ASSAULT OR USE OF CRIMINAL FORCE TO WOMEN WITH INTENT TO
OUTRAGE HER MODESTY:This
section was framed [15]mainly
to protect women’s probity,modesty,self respect,decorum etc.., and to provide
safe and protection for women from these things.Here the punishment was
provided based on the nature or force of the offence it may varies.\
7)SUGGESTION:
Many laws, legislations, schemes and
constitutional rights were available for women but they were not aware about
these so awareness programs should be conducted especially in rural and semi
rural areas.
Many of them were not ready to
discuss or no priorities were given for women centric problems that should be
changed so most of them will come front to open up their problems confidently.
8)CONCLUSION:
Women empowerment should get
developed and motivated for many women because half of the population was
represented by women.So it is one of the most important one that bring huge
changes in present and future.Education and employment opportunities should be
provided equally without any gender discrimination.Through women empowerment we
let women’s to take decision by their own,access for
education,opportunities for
employment,equal treatment in all field without any gender discrimination so
let them draw their best picture on their own thought.Let us give them a wings
to fly or to stand on their own through women empowerment.
[1] https://ijcrt.org/papers/IJCRT2111250.pdf
[2] https://www.nextias.com/blog/women-empowerment/
[3]https://pib.gov.in/Pressreleaseshare.aspx?PRID=1795471#:~:text=Beti%20Bachao%20Beti%20Padhao(BBBP,over%20a%20life%20cycle%20continuum
[4] https://byjus.com/free-ias-prep/women-empowerment/
[5] https://fi.money/guides/investments/list-of-women-empowerment-schemes-in-india
[6]https://wcd.nic.in/sites/default/files/Working%20Women%20Hostel_about_revised_about.pdf
[7] https://unacademy.com/content/railway-exam/study-material/static-gk/women-empowerment-schemes/
[8] https://thelawbrigade.com/criminal-law/legislation-related-to-women-empowerment-and-gender-equity/#VI_The_Special_Marriage_Act_1954
[9] https://www.kelphr.com/blogs/laws-for-women-rights-in-india/
[10] https://testbook.com/static-gk/laws-protecting-women-in-india
[11] https://www.indiacode.nic.in/bitstream/123456789/1814/2/A1988-03.pdf
[12] https://edukemy.com/blog/constitutional-provisions-laws-and-policies-for-women-in-india-upsc-indian-society-notes/#:~:text=A%3A%20The%20Indian%20Constitution%2C%20under,access%20to%20opportunities%20and%20resources
[13]https://www.advocatekhoj.com/library/bareacts/bharatiyanyayasanhita/80.php?Title=Bharatiya%20Nyaya%20Sanhita,%202023&STitle=Dowry%20death#:~:text=(1)%20Where%20the%20death%20of,for%2C%20or%20in%20connection%20with%2C
[14] https://sudhirrao.com/section-96-bns-section-96-of-bharatiya-nyaya-sanhita-bns/
[15] https://www.linkedin.com/pulse/section-74-bharatiya-nyaya-sanhita-bns-assault-use-criminal-rohilla-qcprf#:~:text=Section%2074%20of%20the%20Bharatiya,safer%20and%20more%20respectful%20society