“ROLE OF POLICY MAKERS: CONSTITUTIONAL SAFEGUARD FOR

WOMEN IN INDIA”

“This synopsis has been made in partial fulfilment of assignment of B.A. LLB course for study of
Law relating to Women and Child”

Submitted to:

Submitted by:
Roll No.:

Date: ___/___/_______

Chanakya National Law University, Mithapur Patna

Introduction:
The principle of women Rights & gender equality area unit enshrined within the Indian Constitution
in its Preamble, basic Rights, basic Duties and Directive Principles. The Constitution not solely grants
equality to women, however conjointly empowers the State to adopt measures of positive
discrimination in favor of women. at intervals the framework of a democratic polity, our laws,
development policies, Plans and programmes have geared toward women’s advancement in numerous
spheres. Asian nation has conjointly sanctioned varied international conventions and human rights
instruments committing to secure equal rights of women.

In spite of women contribution all told spheres of life and that they get pleasure from a singular
position in each society and country of the globe, however they suffer in silence and belong to a
category that is in a very underprivileged position on account of many barriers and impediments.
India, being a rustic of paradoxes, isn't any exception. Here too, women, a personification of Sakti,
once given a dignified standing, want authorization. Women’s authorization in legal, social, political
and economic needs to be increased. However, authorization and equality area unit supported the
gender sensitivity of society towards their issues. The intensification of women's problems and rights
movement everywhere the globe is mirrored within the kind of varied Conventions glided by the
world organization.

Gender equality is usually free the constitutional provisions of equality before the law or the equal
protection of law. this can be as a result of equality is usually purported to be between equals and
since the judges failed to concede that men and women were equal. Gender equality failed to appear
to them to be a legally forbidden inequality.

Aims:

The aim of the project is to present a detailed study of the topic “Role of Policy Makers:
Constitutional Safeguard for Women in India” through decisions and suggestions and
different writings and articles.

Hypothesis of the study:

Although Constitution of India provides different safeguards for women in India yet it is not
sufficient, today also in 21st century the societal attitude towards women in India has not changed
much & gender discrimination is still persistent in Indian society.

Review of Literature:
Key points:
Books and articles:
 Hindu Law by R. K. Agarwal: Hindu Law is by no means an easy subject. Its
understanding, difficult as it is, for the Lawyers, is all the more difficult for the
students. The difficulty is largely due to the enormity of its scope and particularly
because of its logicality which is so often broken in several respects by the over-riding
maxim “clear proof of usage will out weight the written text of the law.” It is,
therefore commendable that Sri Agarwala, the author of this Book has, with
considerable skill, been able to condense the subject without in any way confusing its
basic Principles. Difficult as already the subject was, it has been made still more
perplexing by the various amendments made to it during the British Rule and
particularly by the most recent four legislation since the termination of Rule.
 Mohammedan Law by Aqil Ahmad: It is of great satisfaction for me that the students
have appreciated and accepted this work. In this edition great emphasis has been
given to remove grammatical and typing errors in the text of the book. I shall ever be
grateful to the publisher who has reposed hit, faith in me for revising this book again.
As the time is not static and so the law. Even the personal law should adapt according
to the need of the people. This is being nicely done by our Courts in India. Keeping in
view the present requirements some new aspects of different topics have been
discussed in the present edition. Apart from discussing the Islamic law, efforts have
been made to make clear the law as implemented by the Indian courts.
 Status of women has been discussed at length by the author. In the Hindu society, the
status of women went on changing over the years. During Vedic, Upanishad,
Buddhist and Jainism period the women were treated with lot of respect and were
offered equal status along with the male. Education of women was also considered
important. Women had all the freedom to make choice for her husband, widows could
remarry and divorcee was also allowed to marry. Further wife and husband have a
joint ownership in the property.
 During the Greeks and Scythians political intrusion, the women were affected and
they were being treated as inferior species compared to male. Women were made
subject to all types of inhumanity.
  In the 19th century, the many reformist started raising their voice against the
exploitation of women. Ram Mohan Rai to Gandhiji all were great reformist who
participated in these waves of reform. Due to efforts of great thinkers Sati Pratha was
abolished, widow remarriage Act came into force and civil marriage Act was passed
in order to safeguard the interest of women‘s rights and to fight against exploitative
practices of inhuman nature towards women.
 Education leads to revolutionary changes in the society and therefore education
greatly got spread and many great women came into light like Rani Lakshmi Bai,
Pandita Rma Bai, Rama bai Ranade, Madam Cama and Torru Dutt.
 The author has discussed many laws which were enacted to protect the women against
exploitation and in order to give them equal rights and status with men. During British
period, many Acts were brought such as Prevention of Sati Act, Widow Remarriage
Act, Special Marriage Act, Infanticide prevention Act.
 The Age of Consent Bill 1891, The Sharda Act was enacted since the Age of consent
bill failed to restrict the custom of child marriage. The said Sharda Act was later on
known as child marriage restraint Act of 1929 was enacted. In order to given the
women, the right to property, Hindu women’s Right to Property 1937 was passed.

Legal documents:

Since Independence many Acts came to be passed but out of so many Acts, the important
once, which made great changes are:

a. Hindu married women ‘s right to separate residence and maintenance Act 1946,
b. Hindu Marriage Act, 1955
c. Hindu Succession Act, 1956
d. Hindu Adoption and maintenance Act 1956
e. Hindu Minority and Guardianship Act, 1956
f. Dowry Prohibition Act, 1961
Methodology of the study:

The method of writing followed in the course of this research paper is primarily doctrinal and
analytical. A Uniform method of citation has been followed throughout the course of this
research paper
Project outline:

Brief about the chapters upon which structure of the final assignment is based:

a. Constitutional Provisions: Relevant provision of the Indian Constitution will be

briefly discussed under this chapter.
b. Preamble:
c. Fundamental Rights & Women Rights:
d. Women Empowerment: Present Scenario:
e. Special Initiatives for women & its Impact in Present Days:
Chapter (c), (d) and (e) will cover the main body of the project work
under which is the legislations and schemes which have been initiated
for giving equal status to woman in day to day life will be discussed as
far as possible within the given time for the research.
f. Judicial Initiatives & Case Laws: researcher under this head will try to mention
presently followed precedents and interpretations which will elucidate judicial
standing on women’s rights.
g. Conclusions and Suggestions: this will be concluding head for the researcher and will
make suggestions if it is required according to his understanding.
Tentative references:

Books

o Agarwala R.K. - “Hindu Law”, 21st edn. 2003, Central Law Agency, Allahabad.

o Aqil Ahmad- “Mohammedan Law”, 21st edn. 2004, Central Law Agency, Allahabad.

o B.M. Gandhi- “Hindu Law”, 3rd edn. 2008, Eastern Book Company, Lucknow.

o Dr. Paras Diwan- “Modern Hindu Law”, 18th edn. 2007, Allahabad Law

Agency,Faridabad (Haryana).

o Dr. Qureshi, M.A. - “Muslim Law”, 3rd edn. 2007, Central Law

Publications,Allahabad.

Websites

o http://nhrc.nic.in

o http://www.icw.org

o http://www.hrln.org

o http://lawcommissionofindia.nic.in/reports

o http://www.legalserviceindia.com/articles

o www.manupatra.com