Untouchability Today: A Background

Untouchability today outlines the context in which untouchability is practiced in the current
scenario. India emerges as the world’s largest democracy and fastest growing economy yet the
practice of untouchability remains in stark contrast to the image of progress that the Indian
government seeks to promote to the international community. The issue of untouchability is one
of the most divisive issues in the country’s history and a lived experience of all people in India,
including the Dalits who number over 164 million, and non-Dalit perpetrators and witnesses.
Despite growing domestic and international concern, Constitutional prohibition, and a legal
enforcement regime as well as international human rights protections, the daily life of many
Dalits stills remain unchanged till date.

Untouchability is an ancient form of discrimination based upon caste which is a complex and
pervasive problem in India, although its practice is not limited to India alone. For millennia, the
practice of untouchability has marginalized, terrorized, and relegated a sector of Indian society to
a life marked by violence, humiliation, and indignity. The discrimination is so pervasive that
many Dalits come to believe that they are responsible for their own suffering and exclusion.
Thus believing it to be there faith and in turn perpetuate the practice of untouchability. Like a
shameful secret, a “hidden apartheid,” untouchability remains an extremely sensitive issue in
India. Its practice is never fully defined, never fully explored and, thus, never fully understood.
Thus this research paper is an attempt to understand the problems and issues underlining the
practice of untouchability in the Indian context

What is untouchability?

Untouchability is a direct product of the caste system.  It is not merely the inability to touch a
human being of a certain caste or sub-caste. It is an attitude on the part of a whole group of
people that relates to a deeper psychological process of thought and belief, invisible to the naked
eye, translated into various physical acts and behaviours, norms and practices. [1]

Untouchability is the product of casteism and the belief in purity of so called upper castes. It is
generally taken for granted that Dalits are considered polluted people at the lowest end of the
caste order. All the menial tasks were to done by the low caste, like removing human waste
(known as “manual scavenging”), dragging away and skinning animal carcasses, tanning leather,
making and fixing shoes. They are supposed to reside outside the village so that their physical
presence does not pollute the “real” village. They are restricted in terms of space and their
houses were to be of inferior quality and devoid of any facilities like water and electricity.

Identifying Conditions and Practices Associated with Untouchability

1) Water for drinking,

2) Food and beverage,
3) Religion,
4) Touch,
5) Access to public facilities and institutions,
6) Caste-based occupations,
7) Prohibitions and social sanctions
8) Private sector discrimination.
Untouchability is present in nearly every sphere of life and practiced in an infinite number of
forms. At the village level Dalits are barred from using wells used by non-Dalits, forbidden from
going to the barber shop and entering temples, while at the level of job recruitment and
employment Dalits are systematically paid less, ordered to do the most menial work, and rarely
promoted. Even at school, Dalit children may be asked to clean toilets and to eat separately. [2]

As an instrument of casteism, Untouchability also serves to instill caste status to Dalit children
from the moment they are born. For e.g. some of the names given to Dalit boys in Gujarat are
Kachro (filth), Melo (dirty), Dhudiyo (dusty), Gandy (mad), Ghelo (stupid), Punjo (waste).This
is deliberately done so that a child becomes conscious of his caste or sub-caste identity. The
person treated as untouchable submits himself or herself to untouchability practices because of a
generational belief that it is right, justified, religious and natural. Untouchability in this sense is
directly related to the caste system, and the only way to get rid of it is to get rid of the caste
system itself. 

Who are Dalits?

The word “Dalit” comes from the Sanskrit root dal- and means “broken, ground-down,
downtrodden, or oppressed.”  Those previously known as Untouchables, Depressed Classes, and
Harijans are today increasingly adopting the term “Dalit” as a name for themselves.  “Dalit”
refers to one’s caste rather than class; it applies to members of those menial castes which have
born the stigma of “untouchability” because of the extreme impurity and pollution connected
with their traditional occupations.  Dalits are ‘outcastes’ falling outside the traditional four-fold
caste system consisting of the hereditary Brahmin, Kshatriya, Vaishya, and Shudra classes; they
are considered impure and polluting and are therefore physically and socially excluded and
isolated from the rest of society.

Dalits represent a community of 170 million in India, constituting 17% of the population.  One
out of every six Indians is Dalit, yet due to their caste identity Dalits regularly face
discrimination and violence which prevent them from enjoying the basic human rights and
dignity promised to all citizens of India.  Caste-based social organization extends beyond India,
finding corollaries in Nepal, Pakistan, Sri Lanka, and Bangladesh, as well as other countries
outside of South Asia. More than 260 million people worldwide suffer from this “hidden
apartheid” of segregation, exclusion, and discrimination.

Provisions for the safeguard of Dalits:

Article 17of the Indian constitution declares untouchability is abolished and its practice in any
form is forbidden. The enforcement of any disability arising out of untouchability shall be an
offence punishable in accordance with law.

The Protection of Civil Rights Act, 1955 punishes the preaching and practice of Untouchability.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 criminalizes certain
acts against members of the Scheduled Castes and Scheduled Tribes such as traffic in human
beings, ‘begar (free labor)’ and forced labor in any form.

Problem of Untouchability in India

When the constitution of India outlawed untouchability in 1950 many national leaders believed
that a centuries old practice had been brought to an end. But now nearly 60 years later there is no
total success of the statutory measure. Millions of Dalits across the country who account for
roughly 1/5th of the population continue to suffer birth-based discrimination and humiliation. In
states like Tamil Nadu which boasts a long history of reformist movements is no exception. In
fact untouchability has not only survived the constitutional ban but taken new avatars in many
parts of the state. Caste-based discrimination has often led to violence, leaving hundreds of the
disadvantaged people in distress particularly in the 1990s.

The Segregation of Dalits is seen almost everywhere in Tamil Nadu’s villages. But nothing can
perhaps beat the high wall 500 meters long that has been built at Uthapuram in Madurai district
as a barrier between Dalits and caste Hindus.

While untouchability is still rampant and is taking new forms particularly in villages, the
constitutional ban and compulsions of modernity and development have to some extent blunted
its rigor. Rail transport has been unifying forces in society. Yet the Railways have been among
the worst offenders in respect of the law against manual scavenging.Dalits constitute a
significant portion of its workforce of manual scavengers along railway lines.

Although all state governments claim that they have abolished manual scavenging reports reveal
that this practice is very much alive in many places. Postmen have also been found to practice
untouchability.A study conducted in Tamil Nadu noted that in two villages in Madurai district
postmen did not deliver postal articles to Dalit addressees.Dalits were required to collect the
articles at the post office. There are also road transport related violations of the law against
untouchability.Among them is the unwritten rule that gives caste Hindus priority over Dalits in
boarding buses in many areas, buses not stopping in Dalit areas, transport employees picking
quarrels with Dalit passengers without provocation and Dalits not being allowed to use bus
shelters. State government still follows a traditional procedure of making announcements in
villages by beating a drum and for that they deploy Dalits.

Worse still are the roles of schools and teachers in perpetuating untouchability and sowing the
seeds of caste-related discrimination in young minds. The Dalit children are often discouraged by
teachers and fellow students belonging to caste Hindu social groups. In many schools Dalit
pupils were not allowed to share water with caste Hindus. To punish an erring or naughty Dalit
boy teachers scold him by calling him by his caste name. If the teacher decides that the boy
needed a beating as punishment the task was assigned to another Dalit boy. There is also
systematic refusal of admission to Dalits in certain schools particularly at the plus two levels.
In some villages during the temple festivals Dalits are supposed to stay hidden from caste
Hindus. The two-tumbler system under which Dalits and non-Dalits are served tea in different
vessels is still prevalent in some teashops. In some eateries they are compelled to sit on the floor.

Caste and Untouchability

The caste system has been mainly criticized for its treatment of outcastes or untouchables. This
group has been termed the panchama (the fifthvarna), collectively designating all who fall
outside the regular four classes.

The notion of untouchability may have been present in the original varna system, though it is not
clear precisely how it operated. Puranic texts mention untouchables, stating that they should be
well-supported, but intimate connection with them avoided. They also state that those who fell
from their status within the higher “twice-born” varnas were called dvija-bandhu (friends of the
twice-born) and were accommodated within the shudraclass. In actual practice, some who
abandoned key rituals or moral standards were altogether ostracised. Additionally, jobs deemed
to be particularly contaminating were held only by outcastes. These include sweepers, leather
workers ,and crematorium attendants. They were not allowed to live within the confines of
regular village life, nor to share public facilities such as wells and temples.

Organised opposition to rigid caste practices began with the medieval bhakti movements. Some
of them rejected both caste and its precursor, varnashrama-dharma. Others considered the
original varnashrama-dharma to be the genuine system, though it usually took second place to a
revitalised spiritual egalitarianism. Some contemporary bhakti traditions continue to initiate non-
caste brahmanasfrom amongst communities normally considered untouchable. This liberal
practice has met opposition, particularly from caste-consciousbrahmanas.

Gandhi called the outcastes Harijans – the children of God – and wanted to accommodate them
within the fourth varna. Ranji Ambedkar, another important reformer, was a member of the
untouchable caste who succeeded in attaining a scholarship to study law. He later disagreed with
Gandhi over the future status of untouchables, and advocated instead a classless society. He was
one of the main architects of the new Indian constitution of 1950, which outlawed untouchability
and gave equal status to all citizens. In practice many rigid caste values continue, and former
outcastes have organized themselves as Dalits (the oppressed), fighting for social and economic
equality. The struggle continues today, and though “positive discrimination” is securing the
outcastes equal opportunities, some claim that it is now displacing those who are actually more
qualified.

Caste consciousness still continues, and is much debated amongst Hindu scholars and activists.
Some advocate the mitigation of social injustice through the complete abolition of social
divisions. Others attempt to redefine the ancient varnashrama-dharma in a way that is relevant to
post-modern society.

Caste related violence in India

Phoolan Devi (1963 – 2001) was an Indian dacoit (bandit), who later turned politician. Born in a
lower-caste Mallaah family, she was mistreated and abandoned by her husband. She was later
kidnapped by a gang of dacoits. The upper-caste Thakur leader of the gang tried to rape her, but
she was protected by the deputy leader Vikram, who belonged to her caste. Later, an upper-caste
Thakur friend of Vikram killed him, abducted Phoolan, and locked her up in the Behmai village.
Phoolan was raped in the village by Thakur men, until she managed to escape after three
weeks.Phoolan Devi then formed a gang of Mallahs, which carried out a series of violent
robberies in north and central India, mainly targeting upper-caste people. Some say that Phoolan
Devi targeted only the upper-caste people and shared the loot with the lower-caste people, but
the Indian authorities insist this is a myth[2]. Seventeen months after her escape from Behmai,
Phoolan returned to the village, to take her revenge. On February 14, 1981, her gang massacred
twenty-two Thakur men in the village, only two of which were involved in her kidnapping or
rape. Phoolan Devi later surrendered and served eleven years in prison, after which she became a
politician. During her election campaign, she was criticized by the women widowed in the
Behmai massacre. Kshatriya Swabhimaan Andolan Samanvay Committee (KSASC),
a Kshatriya organization, held a statewide campaign to protest against her. She was elected a
Member of Parliament twice.

On July 25, 2001, Phoolan Devi was shot dead by unknown assassins. Later, a man called Sher
Singh Rana confessed to the murder, saying he was avenging the deaths of 22 Kshatriyas at
Behmai. Although the police were skeptical of his claims, he was arrested. Rana escaped
from Tihar Jail in 2004. In 2006, KSASC decided to honor Rana for “upholding the dignity of
the Thakur community” and “drying the tears of the widows of Behmai.”[3]

Andhra Pradesh

This state is considered to be one of the least caste-crime infested places of India which has not
had many Dalit Massacres

Bihar

Ranvir Sena is an caste-supremacist fringe paramilitary group based in Bihar. The group is based
amongst the forward-caste landlord, and carries out actions against the outlawed naxals in rural
areas. It has committed violent acts against Dalits and other members of the scheduled
caste community in an effort to scuttle reform movements aimed at their emancipation.

Tamil Nadu

The state of Tamil Nadu has witnessed several caste-based incidents both against Dalits and
Brahmins .In 2000, three young men belonging to the Dalit under caste were killed in the
Cuddalore district of Tamil Nadu .This fuelled some localized violence in the caste-sensitive
region, which has seen numerous caste-related incidents in which the majority of the victims
have been Dalits. Six of the killings have been registered as murders under the Indian Penal
Code and others as “Deaths under suspicious circumstances. No arrests have been made in these
cases
However, several Dalits have been arrested as goondas (hoodlums). The Chief minister of Tamil-
Nadu, M. Karunanidhi, has been accused of having an “anti-Dalit” bias by the radical
organization “Dalit Panthers of India”. Theories concerning these crimes against Dalits range
from “alcohol bootleggers opposing prohibition movements among Dalits” to “inter-caste
relations between a Vanniya boy and a Dalit girl”. Political parties sympathetic to the Dalits have
protested against these incidents[4] and have alleged systemic biases against Dalits in several
parts of the country.

Bant Singh case of Punjab

On the evening of January 5, 2006 Bant Singh, a poor Sikh Dalit, was attacked by unknown
assailants. His injuries necessitated medical amputation. He alleges that this was in retaliation for
actively working to secure justice for his daughter, who was gang raped by upper caste members
of his village in Punjab five years earlier.[5]

A 55-year-old Dalit Sikh woman, Sawinder Kaur has been tortured, stripped and tied to a tree in
Ram Duali village of Punjab because her nephew eloped with a girl from the same community.
The police arrested four persons for allegedly committing the crime on 9 September 2007.[7]

In January, 1999 four members of the village panchayat of Bhungar Khera village in Abohar
paraded a handicapped Dalit woman naked through the village. No action was taken by the
police, despite local Dalit protests. It was only on July 20 that the four pancha yat members were
arrested, after the State Home Department was compelled to order an inquiry into the incident.[8]

A Dalit Sikh woman, Sukhwinder Kaur of Sumel Kheri village was molested and beaten up by
an octroi contractor of Malaudh when she resisted his attempt to sexually exploit her.[9]

Kherlanji massacre

On September 29, 2006, four members of the Bhotmange family belonging to

the Dalit underclass were slaughtered in Kherlanji, a small village in Bhandara
district of Maharashtra. The women of the family, Surekha and Priyanka, were paraded naked in
public, then allegedly gang-raped before being murdered [1]. Although initially ascribed by the
media and by the Human Rights Watch to upper castes, the criminal act was actually carried out
by Kunbi[10] caste (classified as Other Backward Classes[11] by Government of India) farmers
for having opposed the requisition of the Dalit land to have a road built over it.

On November 23, 2006, several members of the Dalit community in the nearby district of

Chandrapur staged a protest regarding this incident.The protesters allegedly turned violent and
pelted stones. The police had to resort to baton charging to control the situation. Dalit leaders,
however, denied that they had sparked the violence and that they were “protesting in peace”.

2006 Dalit protests in Maharashtra

In November-December 2006, the desecration of a Ambedkar statue in Kanpur (Uttar Pradesh)

triggered off violent protests by Dalits in Maharashtra. Several people remarked that the protests
were fueled by the Kherlanji Massacre[12]. During the violent protests, the Dalit protestors set
three trains on fire, damaged over 100 buses and clashed with police[13]. At least four deaths
and many more injuries were reported.

Later, the Kanpur Police arrested a Dalit youth Arun Kumar Balmiki for desecrating the
Ambedkar statue. According to the police, the youth had “admitted to having damaged the statue
in a drunken state along with two friends”[14]. Earlier in a similar case, a Dalit youth was held
for desecrating an Ambedkar statue in Gulbarga, Karnataka[15].

In response to these protests, Raj Thackeray drew attention to another incident in Kherlanji, in

which a Dalit allegedly raped a girl and killed her. Thackeray demanded action on those
responsible for the rape and the subsequent death of the girl, and also remarked that nobody
helped the girl’s family[16].

Rajasthan

In the Indian province of Rajasthan, between the years 1999 and 2002, crimes
against Dalits average at about 5024 a year, with 46 killings and 138 cases of rape.[17]

Punjab

On 25 May 2009, violence and rioting broke out when thousands of protesters took to the streets
in almost all major towns and cities in the Indian state of Punjab after a dalit preacher, Sant
Ramanand, was attacked in a temple in Vienna, Austria. He was among 16 people injured,
including another preacher Sant Nirajnan Dass, and later died in hospital. Both the preachers
were from a low-caste Sikh sect which has a large following in parts of Punjab and had travelled
to Vienna to conduct a special service. Several high-caste Sikh groups had apparently opposed
his presence and threatened violence. This happened after the preacher had reportedly made
remarks about the Sikh groups.
Constitutional Provision for women Empowerment
Meaning:
Empowerment can be viewed as means of creating a social environment in which one can make
decisions and make choices either individually or collectively for social transformation. It
strengthens the innate ability by way of acquiring knowledge, power and experience (Hashemi
Schuler and Riley, 1996). Empowerment is the process of enabling or authorizing individual to
think, take action and control work in an autonomous way. It is the process by which one can
gain control over one’s destiny and the circumstances of ones lives. Empowerment includes
control over resources (physical, human, intellectual and financial) and over ideology (beliefs,
values and attitudes). It is not merely a feel of greater extrinsic control, but also grows intrinsic
capacity, greater self-confidence and an internal transformation of one’s consciousness that
enables one to overcome external barriers to accessing resources or changing traditional ideology
(Pinto, 2001). Women’s empowerment is very essential for the development of society.
Empowerment means individuals acquiring the power to think and act freely, exercises choice
and full fill their potential as full and equal members of society. As per the United National
Development Fund for women (UNIFEM), the term women’s empowerment means:

· Acquiring knowledge and understanding of gender relations and the ways in which these
relations may be changed.

· Developing a sense of self-worth, a belief in one’s ability to secure desired changes and the
right to control one’s life.

· Gaining the ability to generate choices exercise bargaining power.

· Developing the ability to organize and influence the direction of social change, to create a more
just social and economic order, nationally and internationally.

Thus, empowerment means a psychological sense of personal control or influence and a concern
with actual social influence, political power and legal rights. It is a multi-level construct referring
to individuals, organizations and community. It is an international, ongoing process cantered in
the local community, involving mutual respect, critical reflection, caring and group participation,
through which people lacking an equal share of valued resources gain greater access to the
control over these resources.

Historical Background:
India is a famous country proving the common proverb like ‘unity is diversity’, where people of
many religious beliefs are in the Indian society. Women have been given a special place in every
religion which is working as a big curtain covering the eyes of people and help in the
continuation of many ill practices (including physical and mental) against women as a norm
since ages. In the ancient Indian society, there was a custom of sati pratha, nagar vadhu system,
dowry system, sexual violence, domestic violence, female infanticide, parda pratha, wife
burning, sexual harassment at work place, child marriage, child labour, devadashi pratha, etc.
including other discriminatory practices. All such type of ill practices is because of male
superiority complex and patriarchal system of the society.
Socio-political rights (right to work, right to education, right to decide for themselves, etc.) for
the women were completely restricted by the male members of family. Some of the ill practices
against women have been eliminated by the open minded and great Indian people who raise their
voices for the discriminatory practices against women. Through the continuous efforts of the
Raja Ram Mohan Roy, Britishers were forced to eliminate the ill practice of Sati paratha. Later,
other famous social reformers of the India (Ishwar Chandra Vidyasagar, Acharya Vinoba Bhave,
Swami Vivekananda, etc.) also had raised their voices and worked hard for the upliftment of
women in Indian society.

European scholars observed in the 18th century that Hindu women are "naturally chaste" and
"more virtuous" than other women.[26] During the British Raj, many reformers such as Ram
Mohan Roy, Ishwar Chandra Vidyasagar and Jyotirao Phule fought for the betterment of women.
Peary Charan Sarkar, a former student of Hindu College, Calcutta and a member of "Young
Bengal", set up the first free school for girls in India in 1847 in Barasat, a suburb of Calcutta
(later the school was named Kalikrishna Girls' High School). In 1917, the first women's
delegation met the Secretary of State to demand women's political rights, supported by the Indian
National Congress. The All India Women's Education Conference was held in Pune in 1927, it
became a major organisation in the movement for social change. In 1929, the Child Marriage
Restraint Act was passed, stipulating fourteen as the minimum age of marriage for a girl.]
Though Mahatma Gandhi himself married at the age of thirteen, he later urged people to boycott
child marriages and called upon young men to marry child widows.

Women played an important part in India's independence struggle. Some famous freedom
fighters include Bhikaji Cama, Dr. Annie Besant, Pritilata Waddedar, Vijayalakshmi Pandit,
Rajkumari Amrit Kaur, Aruna Asaf Ali, Sucheta Kriplani andKasturba Gandhi. Other notable
names include Muthulakshmi Reddy and Durgabai Deshmukh. The Rani of Jhansi Regiment of
Subhas Chandra Bose's Indian National Army consisted entirely of women, including Captain
Lakshmi Sahgal. Sarojini Naidu, a poet and freedom fighter, was the first Indian woman to
become President of the Indian National Congress and the first woman to become the governor
of a state in India.

Constitutional Provision
Preamble
The Preamble contains the essence of the Constitution and reflects the ideals and aims of the
people. The Preamble starts by saying that we, the people of India, give to ourselves the
Constitution. The source of the Constitution is thus traced to the people, i.e. men and women of
India, irrespective of caste, community, religion or sex. The makers of the Constitution were not
satisfied with mere territorial unity and integrity. If the unity is to be lasting, it should be based
on social, economic and political justice. Such justice should be equal for all. The Preamble
contains the goal of equality of status and opportunity to all citizens. This particular goal has
been incorporated to give equal rights to women and men in terms of status as well as
opportunity.

Even though the fact that women participated equally in the freedom struggle and, under the
Constitution and law, have equal political rights as men, enabling them to take part effectively in
the administration of the country has had little effect as they are negligibly represented in
politics. There were only seven women members in the Constituent Assembly and the number
later decreased further. Their representation in the Lok Sabha is far below the expected numbers.
This has led to the demand for reservation of 33% seats for women in the Lok Sabha and Vidhan
Sabhas. Political empowerment of women has been brought by the 73rd and 74th
Amendments4'2 which reserve seats for women in Gram Panchayats and Municipal bodies.
Illiteracy, lack of political awareness, physical violence and economic dependence are a few
reasons which restrain women from taking part in the political processes of the country.

At hand there has been series of legislation conferring equal rights for women and men. These
legislations have been guided by the provisions of the fundamental rights and Directive
Principles of State Policy. Here again there is a total lack of awareness regarding economic rights
amongst women. Laws to improve their condition in matters relating to wages, maternity
benefits, equal remuneration and property/succession have been enacted to provide the necessary
protection in these areas.

For providing social justice to women, the most important step has been codification of some of
the personal laws in our country which pose the biggest challenge in this context. In the area of
criminal justice, the gender neutrality of law worked to the disadvantage of a woman accused
because in some of the cases it imposed a heavy burden on the prosecutor, for e.g. in cases of
rape and dowry. Certain areas like domestic violence and sexual harassment of women at the
workplace were untouched, unthought of. These examples of gender insensitivity were tackled
by the judiciary and incorporated into binding decisional laws to provide social justice in void
spheres.

Although a Uniform Civil Code is still a dream in spite of various directions of the Court, the
enactment of certain legislations like the Pre-Natal Diagnostic Techniques (Prevention of
Misuse) Act and the Medical Termination of Pregnancy Act prevent the violation of justice and
humanity right from the womb. In spite of these laws, their non-implementation, gender
insensitivity and lack of legal literacy prevent the dream of the Constitution makers from
becoming a reality. They prevent the fulfillment of the objective of securing to each individual
dignity, irrespective of sex, community or place of birth.

Part III of the Constitution consisting of Articles 12-35 is the heart of the Constitution. Human
Rights which are the entitlement of every man, woman and child because they are human beings
have been made enforceable as constitutional or fundamental rights in India. The framers of the
Constitution were conscious of the unequal treatment and discrimination meted out to the fairer
sex from time immemorial and therefore included certain general as well as specific provisions
for the upliftment of the status of women.

Justice Bhagwati in Maneka Gandhi v. Union of India (AIR 1978 SC 597)4'3 said:

”These fundamental rights represent the basic values cherished by the people of this

country since the Vedic times and they are calculated to protect the dignity of the individual and
create conditions in which every human being can develop his personality to the fullest extent. ”
Article 14 guarantees that the State shall not deny equality before the law and equal protection of
the laws;

Article: 14 Equality before Law

The State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India.

Article 15 prohibits discrimination against any citizen on the ground of sex: and Article 15 (3)
empowers the state to make positive discrimination in favour of women and child;

Article: 15 Prohibition of discrimination on grounds of religion, race, cast, sex, or place of birth

(1) The state shall not discrimination against any citizen on grounds only of religion, race, cast,
sex, or place of birth or any of them.

(3) Nothing in this article shall prevent the State from making any special provision for women
and children.

Accordingly Article 15(1) prohibits gender discrimination and Article 15(3) lifts that rigour and
permits the State to positively discriminate in favour of women to make special provisions to
ameliorate their social condition and provide political, economic and social justice. The State in
the field of Criminal Law, Service Law, Labour Law, etc. has resorted to Article 15(3) and the
Courts, too, have upheld the validity of these protective discriminatory provisions on the basis of
constitutional mandate,

Article: 16 Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the state.

(2) No citizens shall, on grounds only of religion, race, cast, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the state.

The Constitution, therefore, provides equal opportunities for women implicitly as they are
applicable to all persons irrespective of sex. However, the Courts realize that these Articles
reflect only de jure equality to women. They have not been able to accelerate de facto equality to
the extent the Constitution intended.

There is still a considerable gap between constitutional rights and their application in the day-to-
day lives of most women. At the same time it is true that women are working in jobs which were
hitherto exclusively masculine domains. But there are still instances which exhibit lack of
confidence their capability and efficiency. There remains a long and lingering suspicion
regarding their capacities to meet the challenges of the job assigned

In case of C.B. Muthumma v. Union of India (1979) 4 SCC 260)44, a writ petition was filed by
Ms Muthamma, a senior member of the Indian Foreign Service, complaining that she had been
denied promotion to Grade I illegally and unconstitutionally. She pointed out that several rules of
the civil service were discriminatory against women. At the very threshold she was advised by
the Chairman of the UPSC against joining the Foreign Service. At the time of joining she was
required to give an undertaking that if she married she would resign from service. Under Rule 18
of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, it was
provided that no married woman shall be entitled as of right to be appointed to the service. Under
Rule 8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, a woman member
of the service was required to obtain permission of the Government in writing before her
marriage was solemnised. At any time after the marriage she could be required to resign if the
Government was confirmed that her family and domestic commitments were likely to come in
the way of the due and efficient discharge of her duties as a member of the service. On numerous
occasions the petitioner had to face the consequences of being a woman and thus suffered
discrimination, though the Constitution specifically under Article 15 prohibits discrimination on
grounds of religion, race, caste, sex or place of birth and Article 4 provides the principle of
equality before law.

The Supreme Court through V.R. Krishna Iyer and P.N. Singhal, JJ. Held that:
"This writ petition by Ms Muthamma, a senior member of the Indian Foreign Service, bespeaks a
story which makes one wonder whether Articles 14 and 16 belong to myth or reality. The
credibility of the Constitutional mandates shall not be shaken by governmental action or inaction
but it is the effect of the grievance of Ms Muthamma that sex prejudice against Indian
womanhood pervades the service rules even a third of a century after Freedom. There is some
basis for the charge of bias in the rules and this makes the ominous indifference of the executive
to bring about the banishment of discrimination in the heritage of service rules. If high officials
lose hopes of equal justice under the rules, the legal lot of the little Indian, already priced out of
the expensive judicial market, is best left to guess."

Commenting further on the discriminatory rules the Court said:

"Discrimination against woman, in traumatic transparency, is found in this rule. If a woman
member shall obtain the permission of government before she marries. The same risk is run by
government if a male member contracts a marriage. If the family and domestic commitments of a
woman member of the service is likely to come in the way of efficient discharge of duties, a
similar situation may arise in thecase of a male member. In these days of nuclear families,
intercontinental marriages and unconventional behaviour, one fails to understand the naked bias
against the gentler of the species."

Expressing its opinion on Rule 18 of the Indian Foreign Service (Recruitment, Cadre, Seniority
and Promotion) Rules, 1961, the Court observed:

"At the first blush this rule is defiance of Article 16. If a married man has a right, a married
woman, other things being equal, stands on no worse footing. This misogynous posture is a
hangover of the masculine culture of manacling the weaker sex forgetting how our struggle for
national freedom was also a battle against woman's thralldom. Freedom is indivisible, so is
justice. That our founding faith enshrined in Articles 14 and 16 should have been tragically
ignored vis-a-vis half of India's humanity, viz. our women, is a sad reflection on the distance
between Constitution in the book and Law in action. And if the executive as the surrogate of
Parliament makes rules in the teeth of Part III, especially when high political office, even
diplomatic assignment has been filled by women, the

Striking down the rules as violating the principle of quality, it was said:

"We do not mean to universalize or dogmatise that men and women are equal in all occupations
and all situations and do not excludethe need to pragmatise where the requirements of particular
employment, the sensitivities of sex or the handicaps of either sex may compel selectivity. But
save where the differentiation is demonstrable the rule of equality must govern."

In case of Air India v. Nargesh Meerza ((1981) 4 SCC 335)4'5, Nargesh Meerza filed a writ
petition, In this case, the air-hostesses of the Air-India International Corporation had approached
the Supreme Court against, again, discriminatory service conditions in the Regulations' of Air-
India. The Regulations provided that an air-hostess could not get married before completing
four-years of service. Usually an air-hostess was recruited at the age of 19 years and the four-
year bar against marriage meant that an air-hostess could not get married until she reached the
age of 23 years. If she married earlier, she had to resign and if after 23 years she got married, she
could continue as a married woman but had to resign on becoming pregnant. If an air hostess
survived both these filters, she 'continued to serve until she reached the age of 35 years. It was
alleged on behalf of the air-hostesses that those provisions were discriminatory on the ground of
sex, as similar provisions did not apply to male employees doing similar work.

The Supreme Court upheld the first requirement that an air-hostess should not marry before the
completion of four years of service. The court held that: "It was a sound and salutary provision.
Apart from improving the health of the employee it helps a great deal in the promotion and
boosting up of our family planning programme." However, this argument given by the Court
came in for criticism that as the requirements of age and family planning were warranted by the
population policy of the State and once the State had fixed the age of marriage, i.e. 18 years, the
reasoning advanced for upholding the rule was a camouflage for the real concern. The Supreme
Court struck down the Air-India Regulations relating to retirement and the pregnancy bar on the
services of Air-hostesses as unconstitutional on the ground that the conditions laid down therein
were entirely unreasonable and arbitrary. The impugned Regulation 46 provided that an air
hostess would retire from the service of the corporation upon attaining the age of 35 years or on
marriage, if it took place within 4 years of service, or on first pregnancy, whichever occurred
earlier. Under Regulation 7, the Managing Director was vested with absolute discretion to extend
the age of retirement prescribed at 45 years. Both these regulations were struck down as violative
of Article 14, which prohibits unreasonableness and arbitrariness. In Sarita Samvedi v. Union of
India (1996 (2) SCC 380)46, the Supreme Court held invalid a provision of the Railway Board
Circular dated 27th December, 1982 which restricted the eligibility of a married daughter of a
retiring official for out-of-turn allotment of a house, to situations where such a retiring official
had no son or where the daughter was the only person prepared to maintain the parents and the
sons were not in a position to do so. This was held to be discriminatory on the ground of sex.
Reservations of seats for women in local bodies or in educational institutions have been upheld.
The Supreme Court in Govt. of A.P. v. P.B. Vijayakumar, (1995 (4) SCC 520)4'7 held that
reservation to the extent of 30% made in the State Services by the Andhra Pradesh Government
for women candidates was valid. The Division Bench of the Supreme Court emphatically
declared that the power conferred upon the State by Article 15(3) is wide enough to cover the
entire range of State activity including employment under the State. The power conferred by
Article 15(3) is not whittled down in any manner by Article 16.

In Madhu Kishwar v. State of Bihar{ (1996) 5 SCC 145}4'8, the Supreme Court dealt with the
validity of the Chotanagpur Tenancy Act, 1908 of Bihar which denied the right of succession to
Scheduled Tribe women as violative of the right to livelihood. The majority judgment however
upheld the validity of legislation on the ground of custom of inheritance/succession of Scheduled
Tribes. Dissenting with the majority, Justice K. Ramaswamy felt that the law made a gender-
based discrimination and that it violated Articles 15, 16 and 21 of the Constitution. In his
dissenting judgment he said: "Legislative and executive actions must be conformable to and for
effectuation of the fundamental rights guaranteed in Part III, Directive Principles enshrined in
Part IV and the Preamble of the Constitution which constitute the conscience of the Constitution.
Covenants of the United Nations add impetus and urgency to .eliminate gender-based obstacles
and discrimination. Legislative action should be devised suitably to constitute economic
empowerment of women in socio-economic restructure for establishing egalitarian social order."

Gender equality becomes elusive in the absence of right to live with dignity.

Article 21 Protection of life and personal liberty.

"No person shall be deprive of his life or personal liberty except according to procedure
established by law.

Denial of right of succession to women of Scheduled Tribes amounts to deprivation of their right
to livelihood under article 21; Madhu kishwar v. state of bihar, ((1196) 5 SCC 125)

In Vishaka v. State of Rajasthan (AIR 1997 SC 3011)4'9, the Supreme Court, in the absence of
legislation in the field of sexual harassment of working women at their place of work, formulated
guidelines for their protection. The Court said:

"Gender equality includes protection from sexual harassment and right to work with dignity
which is a universally recognised basic human right.

The common minimum requirement of this right has received global acceptance. In the absence
of domestic law occupying the field, to formulate effective measures to check the evil of sexual
harassment of working women at all workplaces, the contents of international conventions and
norms are significant for the purpose of interpretation of the guarantee of gender equality, right
to work with human dignity in articles 14, 15, 19(1}(g) and 21 of the Constitution and the
safeguards against sexual harassment implicit therein and for the formulation of guidelines to
achieve this purpose."

Article 23 prohibits trafficking in human beings and forced labour; Article 23 of the Constitution
specifically prohibits traffic in human beings. Trafficking in human beings has been prevalent in
India for a long time in the form of prostitution and selling and purchasing of human beings.
23. Prohibition of traffic in human beings and forced labour.—

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State

shall not make any discrimination on grounds only of religion, race, caste or class or any of
them.

In Gaurav Jain v. Union of India (1997 (8) SCC 114)410, the condition of prostitutes in
general and the plight of their children in particular was highlighted. The Court issued directions
for a multi-pronged approach and mixing the children of prostitutes with other children instead
of making separate provisions for them. The Supreme Court issued directions for the prevention
of induction of women in various forms of prostitution. It said that women should be viewed
more as victims of adverse socio-economic circumstances than offenders in our society.

Directive Principles of State policy

However Directive Principles of State Policy are not enforceable in any court of law they are
essential in the governance of the country and provide for the welfare of the people, including
women. These provisions are contained in Part IV of the Constitution. Fundamental Rights
furnish to individual rights while the Directive Principles of State Policy supply to social needs.

Article: 39 certain principles of policy to be followed by the state.

The State shall, in particular, direct its policy towards securing -

(a) That the citizen, men and women equally, have the right to an adequate means of livelihood;

(d) That there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;

Article 39(a) directs the State to direct its policy towards securing that citizens, men and women,
equally have the right to an adequate means of livelihood.

Article 39(d) directs the State to secure equal pay for equal work for both men and women. The
State in furtherance of this directive passed the Equal Remuneration Act, 1976 to give effect to
the provision.

Article 39(e) specifically directs the State not to abuse the health and strength of workers, men
and women.
Article: 42 Provision for just and humane conditions of work and maternity relief.—

The State shall make provision for securing just and humane conditions of work and for
maternity relief.

Article 42 of the Constitution incorporates a very important provision for the benefit of women.
It directs the State to make provisions for securing just and humane conditions of work and for
maternity relief.

The State has implemented this directive by incorporating health provisions in the Factories Act,
Maternity Benefit Act, Beedi and Cigar Workers (Conditions of Employment) Act, etc.
Uniform Civil Code

Article 44 Uniform civil code for the citizens. —

The State shall Endeavour to secure for the citizens a uniform civil code throughout the territory
of India.

Article 44 directs the State to secure for citizens a Uniform Civil Code applicable throughout the
territory of India. Its particular goal is towards the achievement of gender justice. Even though
the State has not yet made any efforts to introduce a

Uniform Civil Code in India, the judiciary has recognised the necessity of uniformity in the
application of civil laws relating to marriage, succession, adoption, divorce, maintenance, etc.
but as it is only a directive it cannot be enforced in a court of law.

However, one of the most dynamic members of the Assembly, Shri K.M. Munshi , expressed his
opinion that: "if the personal law of inheritance, succession, etc. is considered as a part of
religion, the equality of women can never be achieved."

Fundamental Duties
Parts IV-A which consist of only one Article 51-A was added to the constitution by the

42nd Amendment, 1976. This Article for the first time specifies a code of eleven

Fundamental duties for citizens.

Article 51-A (e) is related to women. It states that;

"It shall be the duty of every citizen of India to promote harmony and the spirit of common
brotherhood amongst all the people of India transcending religion, linguistic, regional or
sectional diversities; to renounce practices derogatory to the dignity of women"

Article: 243 D Reservation of seats. (73rd Amendment - w.e.f. 1-6-1993)

(1) Seats shall be reserved for—
(a) The Scheduled Castes; and
(b) The Scheduled Tribes,

In every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that Panchayat as the
population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that
Panchayat area bears to the total population of that area and such seats may be allotted by
rotation to different constituencies in a Panchayat.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be
reserved for women belonging to the Scheduled Castes or, as

The case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women and such seats may be allotted by
rotation to different constituencies in a Panchayat.

(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be
reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the
Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons
reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in
any State shall bear, as nearly as may be, the same proportion to the total number of such offices
in the Panchayats at each level as the population of the Scheduled Castes in the State or of the
Scheduled Tribes in the State bears to the total population of the State:

Provided further that not less than one-third of the total number of offices of Chairpersons in the
Panchayats at each level shall be reserved for women:

Provided also that the number of offices reserved under this clauses shall be allotted by rotation
to different Panchayats at each level.

(1) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect
on the expiration of the period specified in article 334.

(2) Nothing in this Part shall prevent the Legislature of a State from making any provision for
reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in
favour of backward class of citizens.

Article: 243 T Reservation of seats. (74th Amendment - w.e.f. 1-6-1993)

243T. Reservation of seats.—

(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every
Municipality and the number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that Municipality as the
population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the
Municipal area bears to the total population of that area and such seats may be allotted by
rotation to different constituencies in a Municipality.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be
reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled
Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women and such seats may be allotted by
rotation to different constituencies in a Municipality.

(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes,
the Scheduled Tribes and women in such manner as the Legislature of a State may, by law,
provide.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect
on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for
reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour
of backward class of citizens.

Article: 243 G. Powers, authority and responsibilities of Panchayats Read with Eleventh
Schedule.

243G. Powers, authority and responsibilities of Panchayats -Subject to the provisions of this
Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government and
such law may contain provisions for the devolution of powers and responsibilities upon
Panchayats at the appropriate level, subject to such conditions as may be specified therein, with
respect to—

(a) The preparation of plans for economic development and social justice;

(b) The implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

Recent developments:
The Government of India has declared 2001 as Women’s Empowerment year. The national
policy of empowerment of women has set certain clear-cut goals and objectives. The policy aims
at upliftment, development and empowerment in socio-economic and politico–cultural aspects,
by creating in them awareness on various issues in relation to their empowerment. The following
are the specific objectives of National Policies particularly of rural folk on Empowerment of
women in India. i. Creating an environment through positive economic and social policies for
full development of women to enable them to realize their full potential. ii. The de-jure and de-
facto enjoyments of all human rights and fundamental freedom by women on equal basis with
men in all political, economic, social, cultural and civil spheres. iii. Equal access to participation
and decision making of women in social political and economic life of the nation. iv. Equal
access to women to health care, quality education at all levels, career and vocational guidance,
employment, equal remuneration, occupational health and safety, social security and public life
etc., v. strengthening legal systems aimed at elimination of all forms of discrimination against
women. 300 vi. Changing societal attitudes and community practices by active participation and
involvement of both men and women. vii. Ministering a gender perspective in the development
process. viii. Elimination of discrimination and all forms of violence against women and the girl
child. ix. Building and strengthening partnerships with civil society, particularly women’s
organizations. The National policy for empowerment of women envisaged introduction of a
gender perspective in the budgeting process as an operational strategy. A few laws and
legislations are enforced strictly for effective and proper implementation of this policy.
Beti padao beti bacho yojana

Women and children constitute around 70 % of India’s people and are the critical foundation for
national development – at present and in the future. More inclusive growth must begin with
children and women- breaking an intergenerational cycle of inequity and multiple deprivations
faced by women and girls, as related to poverty, social exclusion, gender discrimination and
undernutrition. This intergenerational cycle of multiple deprivation and violence faced by girls
and women is reflected in the adverse and steeply declining child sex ratio in children under 6
years of age which reached an all-time low of 918 girls for every 1000 boys in 2011.

These commitments are embodied in the Constitution and in several enabling legislations,
policies (such as the National Policy for the Empowerment of Women 2001, National Policy for
Children 2013 and the National Nutrition Policy 1993), Five Year and Annual Plans and
programmes. Despite this there are several challenges that remain and key issues which need to
be addressed urgently. These include ensuring Women’s Safety, Protection and Empowerment,
improving the Child Sex Ratio, ensuring Child Protection and preventing and reducing Maternal
and Child Undernutrition and controlling anaemia across the life cycle.
Women’s Safety, Protection and Empowerment

Despite some recent positive momentum, the pace of progress in realizing women’s safety,
protection and empowerment has not been adequate. This is reflected in the National Crime
Records Bureau data, which highlighted that 3,09,546 incidents of crime against women (both
under Indian Penal Code and other laws) were reported during the year 2013, as against the
2,44,270 cases reported during 2012, showing an increase of 26.7% (despite the fact that not all
crimes against women are reported). The policy commitment to ensuring the safety, security and
dignity of women NAVDISHA- National Thematic Workshop on Best Practices for Women and
Child Development 20-21 January 2015 Panipat, Haryana Organised by Ministry of Women and
Child Development Government of India and Government of Haryana
Ministry of Women and Child Development and girls in public and private spaces was
reaffirmed – including through the Twelfth Plan provisions, the Criminal Law (Amendment)
Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act 2013.

Ensuring women’s social, economic and political empowerment, fulfilment of their rights,
promoting their participation and leadership requires comprehensive gender-responsive measures
at different levels, including through legal, policy and institutional frameworks. The 73rd
Constitutional Amendment Act has given a new dimension to the process of women’s
empowerment, with women panchayat members emerging in many settings as change leaders.
Now progressively, many states are earmarking 50% reservation for women in panchayati raj
institutions. A major thrust for economic empowerment has been through the formation of thrift
and credit based self-help groups (SHGs) formed by women – with states such as Andhra
Pradesh demonstrating effective ways of making this a mass movement. Increased support for
women SHGs in the National Rural Livelihood Mission and in MGNREGA with women having
a share of 115.54 (53%) crore person days in 2013-14 have been positive developments.
Successful linkages between SHGs and Micro-Finance institutions such as RMK, NABARD,
and SIDBI besides private microfinance institutions have helped in generating additional income,
jobs and in creating small enterprises for women.

Nutrition
Adolescent girls, negatively impacting upon women‟s nutrition. highlighted that 43 per cent of
currently married women in the age-group 20-24 years were married before attaining the age of
18 years. Adolescent girls married before the attainment of the age of 18 years, often go through
early and frequent pregnancies.

NFHS 3 (2005-06) highlighted that nearly every

· second young child in India was undernourished (42.5 % of children under 5 years were
underweight)

· seven out of ten children were anemic; every third woman in India was undernourished (35.6 %
with low Body Mass Index)

· every second woman (15-49 years) was anemic (55.3%). Reinforcing legislative, policy, plan
and programme commitments that address the multidimensional nature of the nutrition
challenges, nutrition focus in relevant sectoral .

Based on these policy directions, a new National Nutrition Mission is being formulated. This is
informed by innovative initiatives that have been taken up in several states

The strategies also address the criticality of ensuring the prevention and management of diseases,
through universal access to health care in the National Health Mission and ensuring hygiene,
sanitation and universal access to safe drinking water through Swachh Bharat, in convergence
with ICDS and with greater community ownership, for improved nutrition outcomes.
Improving the Child Sex Ratio: Beti Bachao Beti Padhao

Breaking an intergenerational cycle of multiple deprivations faced by girls and women is critical
for more inclusive and sustainable growth.

This cycle is epitomized by the adverse sex ratio in young children in the 0-6 year’s age group,
denying the girl child her right to be born and her right to life. It is also evident in other forms of
gender based violence.

· The Census 2011 data was a call for urgent action, because this highlighted that the girl child is
increasingly being excluded – not only from economic development and growth– but from life
itself. If not reversed urgently, the steeply declining Child Sex Ratio will alter demography;
erode gender justice, social cohesion and human development. The findings highlighted the need
to urgently address the unabated decline in the CSR (0-6 years) in India, which has fallen from
927 in 2001 to an all-time low of 918 females per 1000 males in 2011. It is also clear that this
problem is becoming more widespread – with this decline being seen in 18 states and 3 UTs. The
absolute levels of the CSR still continue to be very low, even in some of the states where
improvement is seen between Census 2001 and Census 2011. To highlight best practices for key
themes related to Women, Child Rights, the Girl Child and

· Nutrition from different States, Union Territories and districts.

· To enable interstate sharing and learning from these models through thematic
presentations,dialogue, state poster sessions and cluster/interest group interactions.

· To evolve a strategy framework that synthesizes learning from these models for
adaptation/replication and enables innovation and new approaches.

· To encourage mentoring support between states and continued learning, through the formation
of state interest groups, field based learning hubs and thematic e- networks.

· To develop a shared commitment for addressing key themes – especially as related to ensuring

· Care and Protection of the Girl Child – Beti Bachao Beti Padhao

GOVERNMENT ENACTMENTS
The National Commission for Women has in the last few years introduced several new bills in
the parliament from time to time towards eradication of many social evils. Some of the
significant enactments are mentioned here.
The Hindu Widow Re-Marriage Act of 1856 :

In the traditions at Hindu society there was a ban on widow remarriage it was one of the most
important evils from which women in the traditional Hindu society suffered a lot. This act
allowed widow to remarry and section 5 of this Act ensured her to enjoy all the rights, which a
married woman did.
The Child Marriage Restraint Act of 1929 :

The practice of child marriage was another social evil from which women in traditional Hindu
society suffered a lot. Age at marriage for girls was 9 or 10 and after passing this act the
minimum marriageable age of women was fixed to 15 years. Later this age was increased up to
18 years.
The Hindu Women’s Right to Property Act of 1937 :

In the traditional society women had no property rights. In the eyes of law she was a minor or
ward. This act recognized a widow of a deceased person as a surviving personality with the same
right as his in the joint property. Thus, through this Act women in the Hindu society received the
property right to a limited extent.
The Hindu Marriage Act of 1955 :

This Act has recognized the equal rights of men and women in the matters of marriage and
divorce. Under the provision of this Act either the man or woman can present a petition in a
court of law for divorce, wife has got equal right to divorce husband.
The Hindu Succession Act of 1956 :

This Act recognized an equal right for women in the matter of inheritance of property. She can
inherit the property of her father along with her brothers. She can also sell or mortgage the
inherited property or use it for herself. For the first time absolute ownership was conferred to a
woman through this Act.
The suppression of Immoral Traffic in Women and Girls Act of 1956-57 :

This Act aims to deal with the problem of prostitution and to promote the welfare of fallen
women. Main objectives of this Act are to reduce the scope of prostitution and to reform
prostitution under this Act. Every state is expected to set up protective home and to appoint
women police and women social workers. In protective homes these fallen women will be given
training in tailoring, toy and basket making and other crafts so that they may earn for their
maintenance in proper way.
The Dowry Prohibition Act 1961:

The main objective of this Act is to abolish giving and taking dowry at the time of marriage. The
term dowry refers to a valuable property or thing, which is determined by the parties to a
marriage for a marriage. The practice of dowry had produced very bad effects. Dowry system,
dowry cases have not been reduced. Still this Act makes some effort in bringing social change.
The above mentioned are the important legislations, which brought an upward trend in the status
of women in India

Suggestions:
As we all know that India is a male dominated country where males are dominated in every area
and females are forced to be responsible for only family care and live in the home including
other many restrictions. Almost 50% of the population in India is covered by the female only so
the full development of the country depends on the half population means women, who are not
empowered and still restricted by many social taboos. In such condition, we cannot say that our
country would be a developed in the future without empowering its half population means
women. If we want to make our country a developed country, first of all it is very necessary to
empower women by the efforts of men, government, laws and women too.

The need of women empowerment arose because of the gender discrimination and male
domination in the Indian society since ancient time. Women are being suppressed by their family
members and society for many reasons. They have been targeted for many types of violence and
discriminatory practices by the male members in the family and society in India and other
countries as well. Wrong and old practices for the women in the society from ancient time have
taken the form of well-developed customs and traditions. There is a tradition of worshipping
many female goddesses in India including giving honour to the women forms in the society like
mother, sister, daughter, wife and other female relatives or friends. But, it does not mean that
only respecting or honouring women can fulfil the need of development in the country. It needs
the empowerment of the rest half population of the country in every walk of life.

Gender inequality is the main social issue in India in which women are getting back in the male
dominated country. Women empowerment needs to take a high speed in this country to equalize
the value of both genders. Uplifting of women in all means should be the utmost priority of the
nation. Inequalities between men and women in the society generate lots of problems which
become a big obstruction in the way to success of nation. It is the birth rights of the women to
get equal value to the men in the society. To really bring empowerment, every woman needs to
be aware about their rights from their own end. They need to take positive steps and involve in
every activities instead of only involving in the household chores and family responsibilities.
They should know about all the happenings in their surroundings and country.

Women empowerment has the power to change many things in the society and country. They are
much better than men to deal with certain problems in the society. They can better understand
the disadvantages of the overpopulation for their family and country. They are fully able to
handle the economic conditions of the family and country through proper family planning.
Women are capable enough to handle any impulsive violence in comparison to the men whether
in the family or society.

Through women empowerment, it can be possible to change the male dominated country into the
equally dominated country of rich economy. Empowering women may easily help to grow each
and every member of the family without any extra effort. A woman is considered to be
responsible for everything in the family so she can better solve all the problems from her own
end. Empowerment of the women would automatically bring empowerment of everyone.

Women empowerment is the better treatment of any big or small problems related to human
being, economy or environment. In few last years, the advantages of the women empowerment
are coming out in front of us. Women are being more conscious about their health, education,
career, job and responsibilities towards family, society and country. They are taking part in the
every area and showing their great interest in each field. Finally, after long years of hard struggle
they are getting their rights to go ahead on the right track.

Conclusion:
The most critical component of women’s empowerment is found to be education. It leads to
improved economic growth, low fertility rate, health and sanitation and an awareness of factors
that disempowered women. Work participation rate and political participation also grows in
women’s education. The expansion of the market economy and industrialization and
globalization brought increased inequalities, resulting in loss of livelihoods, erosion of natural
resources and with it decreased women’s access to water, fuel, fodder and traditional survival
resources. It also brought new forms of exploitation-displacement, tourism, sex trade and
retrenchment to mention a few. Women are being pushed into less productive sectors. Increased
pressure on rural resources accelerated migration to urban areas in search of livelihood. People
from backward regions, tribal communities, disadvantaged castes and the displaced communities
were being pushed against the wall. Women in such countries shouldered the brunt and this
phenomenon was labelled feminisation of poverty.