Constitutional Provisions, laws, and Policies for women in India - UPSC Indian Society Notes - Blog (2024)

In India, a country characterized by its rich cultural heritage and diverse population, the status and rights of women have been of paramount importance in shaping its societal fabric. Constitutionally enshrined provisions, supplemented by legislative measures and progressive policies, have sought to address historical inequalities and empower women across various spheres of life. The Indian Constitution, adopted in 1950, lays down fundamental principles of equality, justice, and liberty for all citizens, irrespective of gender. Moreover, a range of laws and policies have been enacted to safeguard women’s rights, promote gender equality, and combat discrimination and violence against them. From landmark legal reforms to targeted welfare schemes, India has embarked on a journey towards ensuring women’s empowerment and inclusivity in all facets of socio-political and economic life. This essay aims to delve into the constitutional provisions, laws, and policies that underpin the framework for women’s rights and empowerment in India, highlighting their significance and impact on advancing gender equality and social justice.

The Constitution of independent India upheld the fundamental principle of women’s equality as outlined in the Fundamental Rights Resolution of the Karachi Congress

Constitutional Provisions for Women in India

• The Constitution of India not only ensures equality for women but also allows the government to take special actions to help women overcome the social, economic, political, and educational challenges they may face.

Fundamental Rights

Fundamental Rights guarantee that everyone is treated equally under the law. They prevent discrimination based on factors like religion, race, caste, or place of birth. They also ensure that all citizens have an equal opportunity for employment.

1. Article 14– Men and women to have equal rights and opportunities in the political, economic and social spheres.
2. Article 15(1) — Prohibits discrimination against any citizen on the grounds of religion, race, caste, sex etc.
3. Article 15(3)– Special provisions allow the government to take actions that benefit women and promote gender equality.
4. Article 16– Equal opportunities for all citizens in public appointments
5. Article 23– Prohibits human trafficking and forced labor.

Directive Principles of State Policy

1. Article 39(a)– State shall direct its policy towards securing all citizens men and women, equally, the right to means of livelihood.
2. Article 39(d)– Equal pay for equal work for both men and women.
3. Article 42– The State to make provision for ensuring just and humane conditions of work and maternity relief.

Fundamental Duties

Article 51 (A)(e)– To renounce the practices derogatory to the dignity of women.

Other Provisions

1. Article 300 (A)– Right of property to women.
2. 73rd & 74th Amendment Act 1992– Reservation of 1/3rd of seats in local bodies of

panchayats and municipalities for women. (The day on which 73rd amendment became operational i.e April 24th is also declared as Women’s Empowerment Day.

Legislations for Safeguarding Women in India

Over time, the Indian Parliament has passed several legislations to empower women and provide them with a legal foundation in their pursuit of equality and justice. Some of these legislations include:

1. Sati (Prevention) Act 1987– The practice of Sati, which involves a widow self-immolating on her husband’s funeral pyre, was initially banned in 1829. In 1887, revised legislation was enacted to make it illegal. This law aimed to more effectively prevent the occurrence of Sati, stop the glorification of this practice, and address related matters.
2. Amendment to Criminal Act 1983 –This legislation made domestic violence an offense and also established rape as a punishable crime.
3. Special Marriage Act 1954 – It has been amended to set the minimum age of marriage at 21 years for males and 18 years for females.
4. Hindu Succession Act 1956 –This Act ensures that daughters receive an equal share of their father’s property, and widows have the right to inherit their husband’s property. An amendment in this Act in 2005 allowed daughters to have an equal share in ancestral properties as well.
5. Immoral Traffic Prevention Act (ITPA), 1986 –The Suppression of Immoral Trafficking in Women and Girls Act (SITA) of 1956 was changed in 1986 and renamed the ITPA. It was created to stop the trafficking of women and girls for prostitution. The amendment broadened its scope to include both sexes and increased the penalties for crimes involving minors.
6. Dowry Prohibition Act 1961 – This law forbids the exchange of dowry before or after a marriage. Courts can take action based on their own knowledge or complaints from recognized welfare organizations in cases of –dowry-related murders. An amendment to the Indian Evidence Act shifts the burden of proof to the husband and his family if the bride dies within 7 years of marriage.
7. Maternity benefit Act 1961 –This law regulates the employment of women for a certain period before and after childbirth. It also provides maternity benefits, including paid leave for 6 months.
8. Medical Termination of Pregnancy Act 1971 – This law allows abortion in certain situations. Abortion is allowed if the fetus has physical or mental abnormalities, in cases of rape, or for unwanted pregnancies within the first 12 weeks of pregnancy. After the 12th week and up to the 20th week, abortion is permitted if the pregnancy would harm the mother or if the child would be severely deformed.
9. Indecent Representation of Women (Prohibition) Act, 1986 –This law makes it illegal to show women in a disrespectful or inappropriate way in advertisem*nts, publications, writings, paintings, figures, or any other form.
10. Domestic Violence Act 2005-This law aims to identify and address all types of domestic violence against women and make it a crime.
11. Criminal Law (Amendment) Act 2013 –In response to the Delhi 2012 gang rape case, a new law was enacted by amending the Criminal Procedure Code. This law introduced stricter penalties for rape offenders, including life imprisonment and the death penalty. It also included severe punishments for crimes like acid attacks, stalking, and voyeurism. The government made changes to several sections of existing laws, including the Indian Penal Code, the Criminal Procedure Code, the Indian Evidence Act, and the Protection of Children from Sexual Offences Act.
12. Maternity Benefit Act, 1961 (Amended in 2017) – This law governs the employment of women in specific workplaces during a particular period before and after childbirth. It also ensures that women receive maternity benefits and other related advantages.
13. Equal Remuneration Act, 1976 – This law mandates that both men and women doing the same or similar work must be paid equally. It also prohibits discrimination based on gender during hiring and in the terms and conditions of employment.This law mandates that both men and women doing the same or similar work must be paid equally. It also prohibits discrimination based on gender during hiring and in the terms and conditions of employment.
14. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 –This law safeguards women from sexual harassment in all types of workplaces, whether they are in the public or private sector, organized or unorganized.
15. Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – This law makes it illegal to choose or determine the sex of a fetus before or after conception and aims to prevent the misuse of prenatal diagnostic methods for sex selection, which can result in female foeticide.

National Policy for Women

National Policy for Empowerment of Women, 2001

Goal and Objectives

The main aim of this Policy is to promote the progress, growth, and empowerment of women. It will be widely shared to encourage active involvement from all parties in order to achieve its objectives. Some of the specific goals of this Policy include:

1. Establishing a supportive environment by implementing positive economic and social policies that facilitate the complete growth of women, allowing them to achieve their maximum potential.
2. De-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil.
3. Ensuring that women have the same opportunities and access as men to participate in and make decisions in the social, political, and economic aspects of the country’s life.
4. Ensuring that women have equal access to healthcare, quality education, career and vocational guidance, employment, fair pay, occupational health and safety, social security, and public office, at all levels.
5. Enhancing the legal systems to eliminate all types of discrimination against women.
6. Altering societal attitudes and community customs through the active participation and involvement of both men and women.
7. Incorporating a gender-focused viewpoint into the development process.
8. Removing discrimination and all types of violence against women and girls.
9. Establishing and reinforcing partnerships with civil society, especially women’s organizations.

National Mission for Empowerment of Women (NMEW)

It was initiated by the Indian government in 2010 with the primary goal of enhancing processes that support comprehensive development for women. Key strategies included:

• The strategy involved coordinating women’s welfare and socio-economic development programs across different government ministries and departments to achieve better outcomes.
• Enhancing the effectiveness of institutions that provide support to women.

Draft National Policy for Women 2016

There is a need to create a new policy that can lead the necessary transformation to make gender rights a reality. This policy should address women’s issues comprehensively, address new challenges, and ultimately establish women as equal partners in India’s ongoing development progress.

VISION: A society in which women achieve their maximum potential and can participate as equals in all aspects of life, while also influencing the process of social change.

MISSION:To establish an effective framework for developing policies, programs, and practices that secure equal rights and opportunities for women within the family, community, workplace, and in governance.

PRIORITY AREAS:

1. Health including food security and nutrition:

• Reduce high maternal mortality rates (MMR) and infant mortality rates (IMR).
• Recognize women’s reproductive rights and involve males in family planning.
• Address healthcare challenges related to nutrition, sexual and reproductive health, and hygiene of adolescents.
• Expand health insurance schemes.
• Ensure households, especially women and children with high nutritional vulnerabilities, have access to nutritious and safe food through the Public Distribution System (PDS).

2. Education:

• Improve access to pre-primary and primary education.
• Enhance enrolment and retention of adolescent girls.
• Encourage women’s enrolment in professional and scientific courses by providing financial assistance, coaching, hostels, child care, and other necessary support.

3. Economy:

• Increase women’s participation in the workforce.
• Tackle gender pay disparities in various job sectors and types.
• Ensure that all women have access to financial services.
• Recognize the economic and societal value of women’s unpaid work.
• Address emerging challenges like inter-state migration, evolving labor markets, the needs of literate women in the workforce, and rapidly changing technology for women workers.
• Give priority to women in government land redistribution and encourage women’s collective farming enterprises.
• Provide skill development and training for women, promote entrepreneurship, review labor laws and policies.
• Ensure equal employment opportunities for women with appropriate maternity and child care services and address their technological needs.
• Establish mechanisms for monitoring compliance with mandatory laws like the Maternity Benefit Act and the Sexual Harassment of Women at Workplace Act.

4. Governance and Decision Making:

• Encouraging more women to take part in all levels of government, civil service, trade unions, political parties, interest groups, professional organizations, and businesses/private sector.

5. Violence against Women:

• Address all forms of violence against women throughout their lives, from sex-selective pregnancy termination, denial of education, and child marriage to violence in private homes, public spaces, and workplaces.
• Improve the Child Sex Ratio (CSR) by effectively implementing the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, and raising awareness and sensitizing the community.
• Prevent trafficking at the source, transit, and destination locations.
• Vigilantly monitor the response of enforcement agencies to violence against women.

6. Enabling Environment:

• Include a gender perspective in housing, ensuring safe and gender-sensitive infrastructure and facilities.
• Provide adequate and affordable housing and accommodations for women.
• Ensure access to safe drinking water and sanitation, with an emphasis on increasing running water facilities in schools to improve menstrual hygiene among adolescent girls.
• Promote gender parity in the mass media and sports, focusing on gender sensitization and non-discrimination in the portrayal of women, as well as achieving gender parity in the induction of sportswomen and trainers.
• Strengthen social security and support services for all women, with special attention to vulnerable, marginalized, migrant, and single women.

7. Environment and Climate Change:

• Address gender-specific concerns during distress migration and displacement in times of natural calamities due to climate change and environmental degradation.
• Promote the use of environment-friendly, renewable, and non-conventional energy sources, with a focus on providing access to green energy for women in rural households.

FAQs

Q: What are the constitutional provisions safeguarding women’s rights in India?

A: The Indian Constitution, under Articles 14, 15, and 16, guarantees equality before the law and prohibits discrimination based on sex. Additionally, Article 39(a) directs the state to ensure that women are not denied equal access to opportunities and resources.

Q: What laws address violence against women in India?

A: The Protection of Women from Domestic Violence Act, 2005, aims to protect women from physical, emotional, sexual, and economic abuse within domestic settings. The Criminal Law (Amendment) Act, 2013, introduced stringent penalties for crimes like rape and sexual assault, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, addresses harassment in workplaces.

Q: What policies promote women’s empowerment in India?

A: The National Policy for Empowerment of Women, 2001, focuses on ensuring equal opportunities, rights, and access to resources for women across various sectors. Additionally, schemes like Beti Bachao Beti Padhao (Save Girl Child, Educate Girl Child) aim to address gender-based discrimination and improve the welfare of girls.

Q: How does India address gender disparity in education?

A: The Right of Children to Free and Compulsory Education Act, 2009, ensures equal educational opportunities for girls and boys. Additionally, initiatives like the Sarva Shiksha Abhiyan (Education for All) aim to improve access to quality education, especially for girls in rural areas.

Q: What initiatives support women’s economic empowerment in India?

A: Schemes like the Mahila E-Haat and Stand-Up India provide financial assistance, training, and entrepreneurial support to women, encouraging their participation in economic activities. Furthermore, the Maternity Benefit (Amendment) Act, 2017, mandates paid maternity leave and promotes the retention of women in the workforce

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