CHANAKYA NATIONAL LAW UNIVERSITY

RESEARCH PROJECT ON HUMAN RIGHTS:

WOMEN EMPOWERMENT IN INDIA
SUBMITTED TO: - Dr. S.C. ROY

SUBMITTED BY:-DEEPAK KUMAR

1015, B.B.A., L.L.B (HONS.)
OBJECTIVE
The objective of the researcher is to acknowledge about:
 Extensive research on Constitutional provisions related to women

 Main objectives of Women Development

 Problem relating women empowerment

AIMS AND OBJECTIVES

The aim of the project is to present a detailed study of “Women Empowerment in India focus
on State of Bihar” and highlights the basic problems that women of Bihar faces.

RESEARCH METHOLOGY
The researcher has adopted doctrinal method to collect data about the given topic. The
researcher has obtained information from various textbooks, journals, websites, articles, etc.
 ACKNOWLEDGEMENT
I am feeling highly elated to work on the topic “WOMEN
EMPOWERMENT IN INDIA” under the guidance of Human Rights
teacher. I am very grateful to her exemplary guidance. I would like to
enlighten my readers regarding this topic and hope that I have done
my best to pave the way for bringing more luminosity to this topic.

I want to thanks my friends because without their co-operation and

knowledge it would have been difficult for me to collect information
for this project. I also want to thanks our librarian who helped me in
collecting every relevant materials regarding to my topic available to
me at the time of my research work.

At last I am obliged to everybody who was part of my project and

helped me to make this project.

Thanking you
Deepak Kumar
C.N.L.U.
 TABLE OF CONTENTS
1. INTRODUCTION

2. CHALLENGES TO WOMEN EMPOWERMENT

3. POSSIBLE SOLUTIONS

4. INTERNATIONAL CONVENTIONS

5. EMPOWERMENT IN INDIA

6. CONCLUSION/SUGGESTIONS
1. INTRODUCTION:-
Need for empowerment arose due to centuries of domination and discrimination done by men
over women; women are the suppressed lot. They are the target of varied types of violence
and discriminatory practices done by men all over the world. India is no different.
India is a complex country. We have, through centuries, developed various types of customs,
traditions and practices. These customs and traditions, good as well as bad, have become a
part of our society’s collective consciousness. We worship female goddesses; we also give
great importance to our mothers, daughters, sisters, wives and other female relatives or
friends. But at the same time, Indians are also famous for treating their women badly both
inside and outside their homes.
The reasons for such behaviour against women are many but the most important one are the
male superiority complex and patriarchal system of society. Though to eliminate these ill
practices and discrimination against women various constitutional and legal rights are there
but in reality there are a lot to be done. Several self-help groups and NGOs are working in
this direction; also women themselves are breaking the societal barriers and achieving great
heights in all dimensions: political, social and economic. But society as a whole has still not
accepted women as being equal to men and crimes or abuses against women are still on the
rise. For that to change, the society’s age-old deep-rooted mind set needs to be changed
through social conditioning and sensitization programmes.
Therefore, the concept of women empowerment not only focuses on giving women strength
and skills to rise above from their miserable situation but at the same time it also stresses on
the need to educate men regarding women issues and inculcating a sense of respect and duty
towards women as equals. In the present write-up we will try to describe and understand the
concept of Women Empowerment in India in all its dimensions.
Women empowerment in simple words can be understood as giving power to women to
decide for their own lives or inculcating such abilities in them so that they could be able to
find their rightful place in the society.

According to the United Nations, women’s empowerment mainly has five components:
 Generating women’s sense of self-worth;
 Women’s right to have and to determine their choices;
 Women’s right to have access to equal opportunities and all kinds of resources;
 Women’s right to have the power to regulate and control their own lives, within and
outside the home; and
  Women’s ability to contribute in creating a more just social and economic order.
Thus, women empowerment is nothing but recognition of women’s basic human rights and
creating an environment where they are treated as equals to men.
Women are entitled to enjoy the same human rights and fundamental freedoms as other
individuals. As a particularly vulnerable group, women have special status and protection
within the United Nations and regional human rights systems. International human rights
treaties prohibit discrimination on the basis of gender and also require States to ensure the
protection and realization of women’s rights in all areas – from property ownership and
freedom from violence, to equal access to education and participation in government.

2. WOMEN EMPOWERMENT IN INDIA

Historical Background:
From ancient to modern period, women’s condition-socially, politically and economically-
has not remained same and it kept changing with times. In ancient India, women were having
equal status with men; in early Vedic period they were very educated and there are references
of women sages such as Maitrayi in our ancient texts. But with the coming of famous treatise
of Manu i.e. Manusmriti, the status of women was relegated to a subordinate position to men.
All kinds of discriminatory practices started to take place such as child marriage, devadashi
pratha, nagar vadhu system, sati pratha etc. Women’s socio-political rights were curtailed and
they were made fully dependent upon the male members of family. Their right to education,
right to work and right to decide for themselves were taken away.
During medieval period the condition of women got worsened with the advent of Muslim
rulers in India; as also during the British period. But the British rule also brought western
ideas into the country.
A few enlightened Indians such as Raja Ram Mohan Roy influenced by the modern concept
of freedom, liberty, equality and justice started to question the prevailing discriminatory
practices against women. Through his unrelenting efforts, the British were forced to abolish
the ill-practice of Sati. Similarly several other social reformers such as Ishwar Chandra
Vidyasagar, Swami Vivekananda, Acharya Vinoba Bhave etc. worked for the upliftment of
women in India. For instance, the Widow Remarriage Act of 1856 was the result of Ishwar
Chandra Vidyasagar’s movement for improving the conditions of widows.

Indian National Congress supported the first women’s delegation which met the Secretary of
State to demand women’s political rights in 1917. The Child Marriage Restraint Act in 1929
was passed due to the efforts of Mahhommad Ali Jinnah, Mahatma Gandhi called upon the
young men to marry the child widows and urged people to boycott child marriages.
During freedom movement, almost all the leaders of the struggle were of the view that
women should be given equal status in the free India and all types of discriminatory practices
must stop. And for that to happen, it was thought fit to include such provisions in the
Constitution of India which would help eliminate age-old exploitative customs and traditions
and also such provisions which would help in empowering women socially, economically and
politically.

CONSTITUTION OF INDIA AND WOMEN EMPOWERMENT

India’s Constitution makers and our founding fathers were very determined to provide equal
rights to both women and men. It provides provisions to secure equality in general and gender
equality in particular. Various articles in the Constitution safeguard women’s rights by
putting them at par with men socially, politically and economically.
The Preamble, the Fundamental Rights, DPSPs and other constitutional provisions provide
several general and special safeguards to secure women’s human rights.
Preamble:
The Preamble to the Constitution of India assures justice, social, economic and political;
equality of status and opportunity and dignity to the individual. Thus it treats both men and
women equal.
Fundamental Rights:
The policy of women empowerment is well entrenched in the Fundamental Rights enshrined
in our Constitution. For instance:
Article 14 ensures to women the right to equality.
Article 15(1) specifically prohibits discrimination on the basis of sex.
Article 15(3) empowers the State to take affirmative actions in favour of women.
Article 16 provides for equality of opportunity for all citizens in matters relating to
employment or appointment to any office.
These rights being fundamental rights are justiciable in court and the Government is obliged
to follow the same.
Directive Principles of State Policy:
Directive principles of State Policy also contains important provisions regarding women
empowerment and it is the duty of the government to apply these principles while making
laws or formulating any policy. Some of them are:
Article 39 (a) provides that the State to direct its policy towards securing for men and women
equally the right to an adequate means of livelihood.
Article 39 (d) mandates equal pay for equal work for both men and women.
Article 42 provides that the State to make provision for securing just and humane conditions
of work and for maternity relief.
Fundamental Duties:
Fundamental duties are enshrined in Part IV-A of the Constitution and are positive duties for
the people of India to follow. It also contains a duty related to women’s rights:
Article 51 (A) (e) expects from the citizen of the country to promote harmony and the spirit of
common brotherhood amongst all the people of India and to renounce practices derogatory to
the dignity of women.

Other Constitutional Provisions:

Through 73rd and 74th Constitutional Amendment of 1993, a very important political right
has been given to women which is a landmark in the direction of women empowerment in
India. With this amendment women were given 33.33 percent reservation in seats at different
levels of elections in local governance i.e. at Panchayat, Block and Municipality elections.

SPECIFIC LAWS FOR WOMEN EMPOWERMENT IN INDIA

Here is the list of some specific laws which were enacted by the Parliament in order to fulfil
Constitutional obligation of women empowerment:
The Equal Remuneration Act, 1976.
The Dowry Prohibition Act, 1961.
The Maternity Benefit Act, 1961.
The Medical termination of Pregnancy Act, 1971.
The Commission of Sati (Prevention) Act, 1987.
The Prohibition of Child Marriage Act, 2006.
The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994.
The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.
Above mentioned and several other laws are there which not only provide specific legal rights
to women but also gives them a sense of security and empowerment.
3. CHALLENGES TO WOMEN EMPOWERMENT IN INDIA
Our late Prime Minister Pandit Nehru said, “The most reliable indicator of a country’s
character is the status and social position of women more than nothing else. He said, “I am
quite convinced that in India today progress can be measured by the progress of women’s of
India. Women as human beings have as much right as men have and the honour they expect
in society depends on the degree of their education.
There are several constraints that check the process of women empowerment in India. Social
norms and family structures in developing countries like India, manifests and perpetuate the
subordinate status of women. One of such norms is the continuing preference for a son over
the birth of a girl child, which is present in almost all societies and communities. The society
is more biased in favour of male child in respect of education, nutrition and other
opportunities.
Poverty is the reality of life for the vast majority of women in India. It is another factor that
poses challenge in realizing women’s empowerment. In a poor family, girls are the main
victims; they are malnourished and are denied the opportunity of better education and other
facilities.
But if they are financially independent or they have greater control over the resources then
they exhibit greater autonomy both in the household and in public sphere and are no longer
victims of poverty.
 Lack of awareness- Women due to societal pressure have stayed within the domain of
male dominance. They are not aware about their statutory rights provided in statutes like
Domestic Violence Act and others which deal with women rights. Around 80 per cent of
women have no idea that such an Act exists while others are ignorant of the protection it
provides. Only 38 per cent are allowed to travel alone to places outside the village or
community. While not all women are allowed to go to these places alone, only a minority
are not allowed to go at all. Compared to urban women, rural women have less mobility.
Women’s mobility is also affected by their background characteristics like age, education,
marital status, type of family etc
 Lack of social and economic empowerment– Women were treated as a commodity earlier
throughout the globe. Women Entrepreneurs hardly existed, even today number of women
working is quite less. Historically they were considered inferior than male, and this bios
attitude even exist in varying degree. Employment and cash earnings are more likely to
empower women if women make decisions about their own earnings alone or jointly with
their husband rather than their husband alone and if these earnings are perceived by both
wives and husbands to be significant relative to those of the husbands.
 Lack of political will- Women have always been the subject of torture as a result their
common livelihood has been in the kitchen. It is still being believed that decent women are
those who at their earlier stage of life subject herself to the will of her father and later to
her husband. This approach confined the ways a women can think, so it was not possible
for them to make a political will.
 Lack of gender culture- This has been the root of all problems. Epically in backward areas
people want a male child. Female feticide is being practiced. This is indeed so disturbing
to see where girls are considered devis, such heinous practice still exist.
 Selective abortion and female infanticide- It is the most common practice for years in India
in which abortion of female foetus is performed in the womb of mother after the foetal sex
determination and sex selective abortion by the medical professionals.
 Sexual harassment- It is the form of sexual exploitation of a girl child at home, streets,
public places, transports, offices, etc. by the family members, neighbours, friends or
relatives.
 Dowry and Bride burning- It is another problem generally faced by women of low or
middle class family during or after the marriage. Parent of boys demands a lot of money
from the bride’s family to be rich in one time. Groom’s family perform bride burning in
case of lack of fulfilled dowry demand. In 2005, around 6787 dowry death cases were
registered in India according to the Indian National Crime Bureau reports.
 Disparity in education- The level of women education is less than men still in the modern
age. Female illiteracy is higher in the rural areas where over 63% or more women remain
unlettered.
 Domestic violence- It is like endemic and widespread disease affects almost 70% of Indian
women according to the women and child development official. It is performed by the
husband, relative or other family member. Women’s protest against unequal gender role in
terms of their attitude towards preferences for son, wife beating etc. is another indicator of
women empowerment.
 Child Marriages- Early marriage of the girl child by their parent in order to escape from
dowry. It is highly practiced in the rural India. However there is law prohibiting child
marriages but still it prevalent in parts of U.P and Rajasthan.
 Status of widows- Widows are considered as worthless in the Indian society. They are
treated poorly and forced to wear white clothes. They were asked to shave their heads and
live in isolation. In numerous cases they were murdered for property and most cases they
are viewed through bad eyes. Most often their character is being questioned.
4. POSSIBLE SOLUTIONS
1- Income Generation Activities and Productivity Enhancement
An effort to create jobs through the establishment of agro-processing units is also a very
fitting direction, which is so far nonexistent. Establishment of agro-processing units in areas
where various fruits or other products are cultivated will benefit the cultivators as well as
provide employment in nonfarm activities. Almost all households are involved in animal
husbandry and women have the prime responsibility for their care. There is a need to improve
the quality of cattle so as to increase the yields.
The agricultural and veterinary extension services through improved supply of inputs,
education and training in the techniques, and related information for productivity
enhancement could be extremely beneficial. Agriculture extension services are primarily
targeted at men, while with the migration of men; women are increasingly involved in farm
management.
2- Job Creation
The limited local employment opportunities are a major drawback in most of the surveyed
areas. Efforts to create local jobs, whether through the establishment of small scale
enterprises, household industry or home-based activities, SHGs or through expansion of the
operation of the NREGA, is a must given that Bihar displays a lower participation of women
in the scheme than in many parts of the country. The income from NREGA is not only
stipulated to be at the minimum wages, it is also equal for men and women. This, itself, has a
big potential for the gains in terms of additional earnings for women and the benefits flowing
from that.
3-Skill Development
Given the extremely low educational levels and lack of training among women, skill
development and farm management can be routes to improvement in income earning and
enterprise development. While this is a major concern for the country as a whole, especially
in villages women are involved in activities either by their own initiative or through training
on the job. Additional efforts from governmental and non-governmental sources are very
welcome in this area, for instance, handicrafts, embroidery, etc. Women can be trained in the
making and employed in making handicrafts (e.g., derived from jute), embroidery, etc. It
could be developed in coordination with the tourism department
4- Organising Women
Formations of Mahila Samoohs and credit/savings SHGs have been initiated in some villages.
The women members of these groups and the nominated leader were seen having acquired
social recognition and power. The potential for transmission of diverse information in many
areas of concerns through such groups is tremendous. Translation of credit and savings
scheme into income generation activities is a crucial link.
5- Small and Medium Enterprise Development
It would be necessary to foster investment in productive activities by exploring the
possibilities for entrepreneurship development and the formulation of strategies for
commercialization of products with elements of product standardisation, marketing, and
income generation in order to enhance employability of women.
Development of small and medium size enterprises can be planned to facilitate the
commercialisation of agricultural products for example.
6- Combating Child Labour.
Though school enrolment has increased, child labour remains significant in some villages.
The migration of men and subsequent shortage of labour has raised the demand for women
and child labour in agriculture. Children may work outside school hours or not attend school
at the time of high labour demand such as the harvesting season. 7-Capacity Building
Given the low literacy level, and the absence of training facilities, especially for women, their
participation in local community and ability to participate in decisions regarding local
development (gram sabhas for NREGA, or non-NREGA, membership in 3 tiers of PRIs). The
training of women for non-agricultural income generation activities is lacking. It is a felt
need, strongly expressed by the women, as immediate and urgent. If women as members, in
PRIs and other village committees, are to have a voice, improving their capacities through
awareness generation and training is essential.

5. INTERNATIONAL CONVENTIONS
India is a part to various International conventions and treaties which are committed to secure
equal rights of women. One of the most important among them is the Convention on
Elimination of All Forms of Discrimination against Women (CEDAW), ratified by India in
1993.
The Declaration on the Elimination of Discrimination against Women is a human rights
proclamation issued by the United Nations General Assembly, outlining that body's views on
women's rights. It was adopted by the General Assembly on 7 November 1967. The
Declaration was an important precursor to the legally binding 1979 Convention on the
Elimination of All Forms of Discrimination Against Women.
The Declaration follows the structure of the Universal Declaration of Human Rights, with a
preamble followed by eleven articles.
Article 1 declares that discrimination against women is "fundamentally unjust and constitutes
an offence against human dignity".
Article 2 calls for the abolition of laws and customs which discriminate against women, for
equality under the law to be recognised, and for states to ratify and implement existing UN
human rights instruments against discrimination.
Article 3 calls for public education to eliminate prejudice against women.
Article 4 calls for women to enjoy full electoral rights, including the right to vote and the
right to seek and hold public office.
Article 5 calls for women to have the same rights as men to change their nationality.
Article 6 calls for women to enjoy full equality in civil law, particularly around marriage and
divorce, and calls for child marriages tobe outlawed.
Article 7 calls for the elimination of gender discrimination in criminal punishment.
Article 8 calls on states to combat all forms of traffic in women and exploitation of
prostitution of women.
Article 9 affirms an equal right to education regardless of gender.
Article 10 calls for equal rights in the workplace, including non-discrimination in
employment, equal pay for equal work, and paid maternity leave.
Article 11 calls on states to implement the principles of the Declaration.

Convention on the Elimination of All Forms of Discrimination Against Women

The Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW) is an international treaty adopted in 1979 by the United Nations General
Assembly. Described as an international bill of rights for women, it was instituted on 3
September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the
Convention have done so subject to certain declarations, reservations, and objections,
including 38 countries that rejected the enforcement article 29, which addresses means of
settlement for disputes concerning the interpretation or application of the Convention.
The Convention is structured in six parts with 30 articles total.
Article 1 defines discrimination against women in the following terms:
Any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Article 2 mandates that states parties ratifying the Convention declare intent to enshrine
gender equality into their domestic legislation, repeal all discriminatory provisions in their
laws, and enact new provisions to guard against discrimination against women. States
ratifying the Convention must also establish tribunals and public institutions to guarantee
women effective protection against discrimination, and take steps to eliminate all forms of
discrimination practiced against women by individuals, organizations, and enterprises.
Article 3 requires states parties to guarantee basic human rights and fundamental freedoms to
women "on a basis of equality with men" through the "political, social, economic, and
cultural fields."
Article 5 requires states parties to take measures to seek to eliminate prejudices and customs
based on the idea of the inferiority or the superiority of one sex. It also mandates the states
parties "to ensure the recognition of the common responsibility of men and women in the
upbringing and development of their children."
Article 6 obliges states parties to "take all appropriate measures, including legislation, to
suppress all forms of trafficking in women and exploitation of prostitution of women."
Article 7 guarantees women equality in political and public life with a focus on equality in
voting, participation in government, and participation in "non-governmental organizations
and associations concerned with the public and political life of the country."
Article 9 mandates states parties to "grant women equal rights with men to acquire, change or
retain their nationality" and equal rights "with respect to the nationality of their children."
Article 10 necessitates equal opportunity in education for female students and encourages
coeducation. It also provides equal access to athletics, scholarships and grants as well as
requires "reduction in female students' dropout rates."
Article 11 outlines the right to work for women as "an unalienable right of all human beings."
It requires equal pay for equal work, the right to social security, paid leave and maternity
leave "with pay or with comparable social benefits without loss of former employment,
seniority or social allowances
Article 13 guarantees equality to women "in economic and social life," especially with respect
to "the right to family benefits, the right to bank loans, mortgages and other forms of financial
credit, and the right to participate in recreational activities, sports and all aspects of cultural
life."
Article 14 provides protections for rural women and their special problems, ensuring the right
of women to participate in development programs, "to have access to adequate health care
facilities," "to participate in all community activities," "to have access to agricultural credit"
and "to enjoy adequate living conditions."
Article 15 obliges states parties to guarantee "women equality with men before the law,"
including "a legal capacity identical to that of men." It also accords "to men and women the
same rights with regard to the law relating to the movement of persons and the freedom to
choose their residence and domicile."
Article 16 prohibits "discrimination against women in all matters relating to marriage and
family relations
Committee on Elimination of Discrimination Against Women
The Committee on the Elimination of Discrimination Against Women is the United Nations
(U.N.) treaty body that oversees the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). The formation of this committee was outlined in
Article 17 of the CEDAW, which also established the rules, purpose, and operating
procedures of the committee. Throughout its years of operation the committee has held
multiple sessions to ensure the rules outlined in the CEDAW are being followed. Over time
the practices of the committee have evolved due to an increased focus on women's rights
issues.
The Committee on the Elimination of Discrimination Against Women was formed on 3
September 1981 after the CEDAW received the 20 ratifications required for it to enter into
force. Along with issuing its annual report and offering advice to reporting states, the
committee has the ability to issue general recommendations that elaborate on its views of the
obligations imposed by CEDAW.
Declaration on the Elimination of Violence Against Women
The Declaration on the Elimination of Violence Against Women was adopted without vote by
the United Nations General Assembly in its resolution 48/104 of 20 December 1993.
Contained within it is the recognition of "the urgent need for the universal application to
women of the rights and principles with regard to equality, security, liberty, integrity and
dignity of all human beings". The resolution is often seen as complementary to, and a
strengthening of, the work of the Convention on the Elimination of All Forms of
Discrimination against Women and Vienna Declaration and Programme of Action. It recalls
and embodies the same rights and principles as those enshrined in such instruments as the
Universal Declaration of Human Rights and Articles 1 and 2 provide the most widely used
definition of violence against women.
Universal Declaration of Human Rights
Preamble
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,
Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Article 7: All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 16(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights as to
marriage during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3)The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.
Article 25(1) Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his
control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

International Covenant on Economic Social and Cultural Rights

Article 2: The States Parties to the present Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised without discrimination of any kind as to
race, colour, sex, language, religion, politics or other opinion, national or social origin,
property, birth or other status.
Article 3: The States Parties to the present Covenant undertake to ensure the equal right of
men and women to the enjoyment of all economic, social and cultural rights set forth in the
present Covenant.
Article 10: The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the family, as it is
responsible for the care and educate of dependent children. Marriage must be entered into
with the free consent of the intending spouses.
2. Special protection should be accorded to mothers during a reasonable period before and
after childbirth. During such period working mothers should be accorded paid leave or leave
with adequate social security benefits.
Article 12: 1: The States Parties to the present Covenant recognize the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:
a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the
healthy development of the child;
International Covenant on Civil and Political Rights
Article 2: 1: Each State Party to the present Covenant undertakes to respect and to ensure to
all individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, politics or other opinion, national or social origin property, birth or other status.
Article 3: The States Parties to the present Covenant undertake to ensure the equal right of
men and women to the enjoyment of all civil and political rights set forth in the present
Covenant.
Article 14: All persons shall be equal before the courts and tribunals. In the determination of
any criminal charge against him, or of his rights and obligations in a suit at law, everyone
shall be entitled to a fair and public hearing by a compact, independent and impartial tribunal
established by law.
Article 23: 1: The family is the natural and fundamental group unit of society and is entitled
to protection by society and the State.
2: The right of men and women of marriageable age to marry and to found a family shall be
recognized.
3: No marriage shall be entered into without the free and full consent of the intending
spouses.
4: States Parties to the present Covenant shall take appropriate steps to ensure equality of
rights and responsibilities of spouses as to marriage during marriage and at its dissolution. In
the case of dissolution, provision shall be made for the necessary protection of any children.
hough, economic and social condition of women has improved in a significant way but the
change is especially visible only in metro cities or in urban areas; the situation is not much
improved in semi-urban areas and villages. This disparity is due to lack of education and job
opportunities and negative mind set of the society which does not approve girls’ education
even in 21st century.
CONCLUSION AND SUGGESTION
The aim of human rights instruments is the protection of those vulnerable to violations of
their fundamental human rights. There are particular groups who, for various reasons, are
weak and vulnerable or have traditionally been victims of violations and consequently require
special protection for the equal and effective enjoyment of their human rights. It can be said
that women in India, through their own unrelenting efforts and with the help of Constitutional
and other legal provisions and also with the aid of Government’s various welfare schemes,
are trying to find their own place under the sun. And it is a heartening sign that their
participation in employment- government as well as private, in socio-political activities of the
nation and also their presence at the highest decision making bodies is improving day by day.
However, we are still far behind in achieving the equality and justice which the Preamble of
our Constitution talks about. The real problem lies in the patriarchal and male-dominated
system of our society which considers women as subordinate to men and creates different
types of methods to subjugate them.
The need of us is to educate and sensitize male members of the society regarding women
issues and try to inculcate a feeling of togetherness and equality among them so that they
would stop their discriminatory practices towards the fairer sex.
For this to happen apart from Government, the efforts are needed from various NGOs and
from enlightened citizens of the country. And first of all efforts should begin from our homes
where we must empower female members of our family by providing them equal
opportunities of education, health, nutrition and decision making without any discrimination.
The most important measure of their success should be the extent to which they enable
woman to interpret, apply and enforce laws of their own making, incorporating their own
voices, values and concerns.
BIBLIOGRAPHY

1- INTERNATIONAL HUMAN RIGHTS BY PHILIP ALSTON

2- THE REFUGEE IN INTERNATIONAL LAW BY (AUTHOR) GUY S. GOODWIN-
GILL, BY (AUTHOR) JANE MCADAM
3- INTERNATIONAL LAW AND THE USE OF FORCE BY (AUTHOR) CHRISTINE
GRAY
4- INTERNATIONAL LAW AND HUMAN RIGHT BY S K KAPOOR
5- INTERNATIONAL LAW AND HUMAN RIGHTS BY H.O. AGARWAL
6- INDIA HUMAN RIGHTS REPORT 2015
7- HUMAN RIGHTS IN THE NEW MILLENNIUM BY N. SRIDHAR
8- AMY RICHLIN, "NOT BEFORE HOMOSEXUALITY: THE MATERIALITY OF THE
CINAEDUS AND THE ROMAN LAW AGAINST LOVE BETWEEN MEN"
9- ANN L. KUTTNER, "CULTURE AND HISTORY AT POMPEY'S MUSEUM",
TRANSACTIONS OF THE AMERICAN PHILOLOGICAL ASSOCIATION