WOMEN EMPOWERMENT: INDIA@ 75 By- Sandipan Mishra
WOMEN EMPOWERMENT: INDIA@ 75
Authored By- Sandipan Mishra[1]
ABSTRACT
Since time immemorial, women were
considered as ‘weaker sex’ and with the passage of time, there were subjected
to abuse, exploitation from birth till death, they have been made the victims
of all inequalities, indignities, discrimination, they were placed at various
disadvantageous positions due to gender differences and bias. It is very much
unfortunate that the position of women is still same in every society, whether
developed, developing or in underdeveloped countries, and the society still
living in an orthodox mindset gives a clear reflection to one thing, as if
‘woman’ as a gender is un-welcome in this earth. With the continuation of atrocities
faced by such women gave rise to a revolution for demanding equal rights for
them, which gave rise to WOMEN EMPOWERMENT during the period 1917 onwards and
the revolutionary changes brought into India after Independence from 1950s
onwards. This paper discusses about 75 years of our country’s independence,
which gave prime importance with bringing up policies for women rights which have
been for long time been awaited, and what were the developmental changes,
policies, programs and laws that had taken place for social, economic and
political empowerment of women.
1. STATUS OF WOMEN IN HISTORIC TIMES
During the Vedic Period, there were
no discrimination between any boy and girl and girls were able to take active
participation in every nook and corners of life. During that period, women had
enjoyed a good amount of freedom and equality with men. They used to take education
at Gurukul and had ample freedom in matters of selection life partners for
marriage. Women were given huge amount of respect and equal rights with men. At
that time, polygamy was rare and was mainly confined to ruling class and widows
were able to remarry again. In the post-Vedic period between 1500 B.C. and 500
A.D., the status of women suffered a huge setback when various restrictions
were put on women’s rights and privileges which became confined within the four
walls of their home.
Drastic changes happened during the
British regime due to education and western impact on the socio-cultural life
of the people. There were contributions to the changes made by Raja Ram Mohan
Roy, Ishwar Chandra Vidyasagar and Dayananda Saraswati. The Sati Prohibition
Act, 1829 was passed for abolishing Sati and making the practice a criminal
offence. The Widow Remarriage Act, 1856, Child Marriage Restraint Act, 1929
were also passed,
2. REASONS FOR DISEMPOWERMENT
OF WOMEN
Being a welfare state, India has
framed a numerous policies, programs and laws for social, economic and
political empowerment of women There are various factors responsible for
disempowerment of women and some of them are as follows:- Firstly, superior
physical strength of men resulted in restricting the freedom of women and women
accepted it as men could defend themselves against external aggression.
Secondly, economic dependence of women on men is the root cause for women’
subservience and subordinate position. Thirdly, there has been the internal
pressure of women-group itself, from generation to generation, mother teaches
daughters to please men, and women from the very tender age are brain washed
psychologically to believe themselves that there are weak and inferior to men.
3. HOW EMPOWERMENT EMERGES AND IN WHICH FORM?
Empowerment always emerges in the
form of awareness. Empowerments implies a state of mind, that which reflects
self-confidence, self-reliance and the determination to fight for one’s right
and interest, which is a basic fundamental right to every women. Women have the
right to make free choices, make their own independent living before taking up
family responsibilities and this can only be achieved through self-cultivation
and by actions. By actions the process starts within conscience by which one
can gain control over one’s destiny and the circumstances of life by enabling
oneself to think in an autonomous way. Empowerment can generally mean
decentralization of authority and power and as a result women empowerment what
it does is that it enables autonomy and control over their lives which can be
more convenient and easy without facing any gender based discrimination from
any quarters. The women who have been empowered from within became agents of
their own development, and are able to exercise free choices to set their own
agenda and be strong enough to challenge and change their subordinate position
in the society. Empowerment emerges in the form of awareness, by ‘empowerment’
women face lot of challenges boldly and overcome barriers of their life through
which they increase their ability to shape their own lives and environment.
4. Laws provided by the Constitution of India
The Constitution of India provided
various laws which had removed inequlities, discriminations and injustices and
there by empowers women in which it is stated in the preamble of the
constitution that the preamble of the Constitution provides for all its
citizens liberty, equality, justice and dignity without discrimination. Under
Article 14 equality before law and equal protection of law is guaranteed to
women. Under Article 15, the State is restricted to discriminate any citizen on
the ground of sex etc, under Article 15(3) the State is empowered to make
special provisions in favor of women. Under Art 16(1), equality of opportunity
in matters of public employment without discrimination on the ground of sex is
in favor of woman. Art. 23 prohibits trafficking in human beings or of women
for immoral purposes. Under Article 39(a), the State is directed to provide
adequate means of livelihood for both men and women, Article 39(d) is directed
to secure equal pay for equal work for all its citizens. Under Art. 42, the
State is directed to make provisions for securiting just and humane conditions
of work and for maternity leave. Art. 44 provides for uniform civil code for
Muslims and other religious people treating all women an equal with men in
marriage, succession and in all personal and civil laws. Under Art. 51A(e)
prescribes imposition of a fundamental duty on every citizen to renounce
practices derogatory to the dignity of women. Under Article 243(d)(3), it is
provided that not less that 1/3rd of the total number of seats of
Chairperson in Pachayats to be reserved for women. Under Art. 243(T)(3), not
less than 1/3rd of the total number of seats in every Municipality
to be reserved for women. Under Art. 326, every citizen who is above 18 years
of age has the right to franchise, it is the first step for political
empowerment of women in India.
Besides constitutional provisions,
various legislative enactments have been framed to protect, safeguard and
promote the interest of women. Some of the important statutes as as follows:-
a. In the year 1976, the Equal Remuneration Act
was passed which provides equal wages to both men and women for the work of
similar nature.
b. Under the Factories Act, 1948 (Amended in
1976), a women cannot be forced to work beyond 8 hours and she should not work
beyond 10 A.M. to 5 P.M. in a day.
c. The Maternity Benefits Act, 1961 states that a
woman is entitled to 12 weeks of maternity leave, if she has worked in the
establishment for 160 days in the twelve
months.
d. The Mines Act, 1952 prohibits employment of
women in mines below the ground and also during night.
e. The Dowry Prohibition Act, 1961 aims to
prevent the evil practice of giving and taking of dowry.
f. The Immoral Traffic (Prevention) Act, 1986
aims to prohibit exploitation of women
for commercial purpose.
g. The Sati Prevention Act, 1987 was passed to
prevent the commission of Sati.
h. The Pre-Natal Diagnostic Techniques
(Regulation and Prevention) Act, 1994 prohibits
the use of pre-natal techniques for the purpose of sex determination.
i. Under the Hindu Adoption and Maintenance Act,
1956 a woman can adopt a child without the consent of her husband and now an
unmarried female can also take any child
in adoption.
j. The Hindu Minority and Guardianship Act, 1956
has improved the status of mother. She has been given the right to act as the
natural guardian.
k. The Parliament passed the amendment to the
Hindu Succession Act, 1956 in August 2005 giving equal right to women in Hindu
Joint family co-parcenary property.
l. The National Commission for Women was set up
in 1993 to give special attention to women’s problem and to ensure quick
justice to them.
m. Indecent Representation of Women (Prohibition)
Act, 1986 has been enacted to prohibit the media and film producers to
represent women before public in an indecent manner.
n. Protection of women from Domestic Violence
Act, 2005 was passed to provide effective protection and remedy to women
against domestic violence of any kind.
o. Women have special power under Section 13(1)
Of Hindu Marriage Act, 1955 to take divorce from her husband on the ground of
Bigamy.
In order to facilitate best of prosecution
results various amendments were also made in the procedural laws which are as
follows:-
a. Section 304(B) was incorporated in the I.P.C.
where if the death of a married women’s caused under unnatural circumstances
within 7 years of marriage in connection with any demand of dowry, the husband
and relatives shall be deemed to have caused her death and is punishable with
imprisonment for not less than 7 years and the offence is non-bailable.
b. Section 498(A) was incorporated in the I.P.C.
to deal with cruelty by husband or his relatives which is likely to drive a
women to commit suicide or harassment.
c. Section 228(A) was inserted in the I.P.C.
whereby the disclosure of the identity of a victim of rape is punishable with
imprisonment and fine.
d. Under Section 114(A) of the Indian Evidence
ACT, 1872 in a rape case, the burden is made to shift and now on the accused to
prove his innocence. Section 160 (2) Cr.Pc. provides that a women cannot be
compelled to visit police station as a witness.
e. Section 46 of the Cr.Pc. bars on arrest of a
women after sunset and before sunrise except in exceptional circumstances.
f. Section 125 of Cr.Pc. provides for legal
obligation of a man to maintain his wife, children and parents, which is
applicable to spouses of all religion.
5. Role of the Judiciary in empowering Women
The role of Judiciary is also
commendable in protecting the rights and interest of women. The Court in Air India v. Nargish Meerza[2] it struck down the regulations 46 and
47 of the Air India and Indian Airlines, under which, an air hostess would
retire from the service upon attaining the age of 35 years or on marriage, or
if pregnancy results within first four years of such marriage. In Vishaka v. State of Rajasthan[3],
the Supreme Court has laid down exhaustive guidelines to prevent sexual
harassment of working women in places of their work. In C.B. Muthamma v. Union of India[4],
the Supreme Court has held that, the provision in the foreign service
Rules, 1961 [R. 18(4)], requiring permission before marriage and denial of
right to promotion of married women is discriminatory and invalid. Another
important development for the benefit of women came about with the Supreme
Court’s ruling in the case of Mary Roy v.
State of Kerala[5], the court ruled that the Cochin and
Travancore Succession Act had ceased to be operative on the reorganization of
States and brought the female Christian population of Kerala within the ambit
of the Indian Succession Act, 1925 as applicable to all Christians bestowing on
them equal inheritance rights. The Supreme Court in Srileekha Ghosh vs. Partha Sarathi Gnosti, it has been held that in
view of Section 4 of the Partition Act, 1893 and Section 23 of the Hindu
Succession Act, 1956 a married daughter does not cease to be a part of the
family of her father and has a right to reside in the family dwelling house.
6. Value based Education should be imposed to respect Women
Education is the major aspect of any
modern society. Education gives us knowledge and awareness and also it keeps us
away from superstition beliefs. Education directs the person to move in right
path at all the times in life. It also increases the ‘ethical values’ of the
person and hence helps to identify the difference between good and bad. The
knowledge which is supposed to guide persons towards the path of success might
be abused or misusedwithout value education. Values are principles, fundamental
convictions and ideals, standards of life which acts as a general guide to
behavior or as a reference point in decision-making. Values are virtues, ideals
and qualities on which actions and beliefs are based. It is guiding principle
of life which are conducive to all value development of both men and women.
7. Role of Women in Nation
Building
As has been rightly quoted by
Rabindranath Tagore, “Woman is the builder and moulder of a nation’s destiny,
though delicate and soft as lily, she has a heart, stronger and bolder than
that of a man, she is the supreme inspiration for man’s onward march.” When our
countrymen were struggling and fighting to attain the freedom, the women folk
also fought shoulders to shoulders and whole heartedly supported the struggling
freedom fighters. During India’s struggle for freedom, the position of women
took a favorable turn and after Independence it was realized by most of the
national leaders like Jawarhalal Nehru, Mahatma Gandhi, Dr. Rajendra Prasad,
that emancipation of women is necessary and also realized that so long as the
conditions of women were not improved, and granted equal status with men, India
could not progress. Sarojini Naidu, Suchita Kripalani, Vijaya Laxmi pandi,
Aruna Asaf Ali, all played very crucial and enthusiastic role in the struggle
for attaining freedom. Women constitute approximately 40% population of a
nation. If she is given the task for the development of the country she can
make a wonder. She is more dedicated, more hard working, more sincere, more devoted
to the cause. Many social evils like dowry, illiteracy among the females,
killing of girl child in the womb, ignoring the hygienic values, polio etc. can
well be tackled by the active involvement of women.
Many women in India have proved
themselves dynamic, vibrant, sincere and perfect in many fields. Smt. Indira
Gadhi, Sirimao Bhandernaike, Chandrika Kumaratunga, Goldamir, Margaret
Thatcher, Vijaya Laxmi Pandit, Supercop Kiran Bedi have proved themselves in
all manners better than their male counterpart. These names made both the
society and the women folk proud of them. The myth that certain fields were
only meant for men has been proved wrong by women. Modern women in the present
age occupy top rank and attained immense success in all fields such as
politics, police administration, medicine, services etc. Mother Teresa, P.T.
Usha, Mrs. Mohsina Kidwai, Mrs. Subu Laxmi, Mrs. Sushma Swaraj, the great
environmentalist and social activist Medha Patekar and Promilla Kalkhan, Mrs.
Kiran Bedi, Kalpana Chawala have become well recognized names in their
respective. Breaking all the caste barriers and proved the society that women
can’t achieve anything nor a poor wont be able to reach the heights of success,
such barrier has broken by one of the lady with strong determination which is
our country’s current President Shri Droupadi Murmu is one of the classic
examples in today’s times. Today the educated women have come out of their
inferiority complex and are shouldering all kinds of responsibilities, as
Managers, Officers, TV and Radio Newsreaders, Pilots, Ministers, Anchors,
Musicians, Clerks, Stenographers, Ministers, Prime Misters, Entrepreneurs and
what not?
The 73rd and 74th
Consitutional Amendment Act passed in 1992, lay upon the women of our country
more responsibilities in accelerating the development of the country. These
amendments provide 33% reservation for women in the Pachayat Raj. Women elected
to Panchayat and Municipal Councils, because of the reservation, have started
asserting themselves. Now the women in local governments are taking the basic
issues as water, health facilities, family planning, polio eradication, more
seriously, more sincerely. Now they can play better role in the development of
their area of operation whether village or municipality, which in turn will
result into the overall development of the State and the country as a whole.
Women are more dedicated and devoted
to their duties and have much patience and politeness than man by nature. There
is no doubt that women had played a very significant role in the national
building, but the man is still not in favor of giving them the given due powers
to them, to treat them with equality, fairness and respect.
8. Conclusion
The empowerment of women by itself
cannot place women on equal footing with men, the need of the hour is the
change of social attitudes towards women. Many social evils, like dowry,
illiteracy among women, infanticide of female child, elimination of girls
foetus, are required to be fully rooted out. The crime against women like, eve
teasing, rape, are to be dealt with strongest hand though several measures but
half-hearted are being taken by the government in this direction, yet a change
in the social attitude and honesty, on the part of politicians, is must to make
the women participate more in the nation building at the grass root level. Despite
constitutional mandate, judicial pronouncements and legislative measures aimed
for protection and enforcement of women’s right and for the empowerment of
women, India record in this regard cannot be termed as up to the mark.
Injustice to women occurs in many ways. If a right does not help a human being
to remain human or if does not support him/her to enjoy the right to live a
life with dignity, it becomes worthless. But the most important thing is that
laws by themselves cannot solve this problem, unless there is a change in the
attitudes of both man and woman to lead a happy life with harmony.