ARE WOMEN REALLY EMPOWERED IN INDIA?

: AN ANALYSIS

“Women is the largest untapped reservoir of talent in the world” – Hilary Clinton.

ABSTRACT

In 1931, the father of our nation, Mahatma Gandhi, announced at the second-round table
conference that he would endeavor to establish such a society in India, in which the women
would enjoy the same rights as men. But now, even after 90 years from that declaration can
we ask ourselves- Are women in India are really empowered? This paper deals with the
journey of women in India so far. Woman empowerment is not a one-day process. This paper
is dealt in four sub-headings. Firstly, we introduce the topic and explain the meaning of
relevant terms.

Secondly, this paper talks about rights and provision for the empowerment of women. Many
social reformers have endeavored to bring out women from the confines in which years of
traditions have put them. Social evils like Sati and Triple Talaq have also terminated through
various legislations as compared to the past. Our Constitution provides rights to the woman
and imposes the duty on the State to make such laws that will work for the upliftment of
women. But here the question arises- Do we follow them?

Thirdly, we all know the reality that the real picture of a woman is still miserable. There is
some sort of lacuna either in laws or in executing bodies. Empowerment is not only about
granting rights rather it is about protecting that right and give freedom to the woman to enjoy
such rights.

Lastly, we try to provide the possible solutions as per our research and study. We understand
that the legislation has done their role now it’s time for the judiciary and other institution of
society like media and religious institution to give space to the woman. Being law students
we are going to deal in this paper that how the women empowerment can be done by realistic
approach.

Keywords: Women, Empowerment, Rights, Laws, Freedom, Judiciary etc.

INTRODUCTION

We see every day in the newspapers and social media the word ‘Social Empowerment’. The
literal meaning of the word ‘empowerment’ is authority or power given to someone to do
something freely. ‘Women Empowerment’ can be understood as the power that a woman has,
to express herself and the freedom to do anything that they want without being bound by any
sort of compulsion. When the women get access to equal opportunity as men in every aspect
of life like: personal, social, economic, legal, political and so on, is true women
empowerment. This year International Women’s Day was celebrated on the 8 th Match. The
theme was “women in leadership: Achieving an equal future in a COVID-19 world”.

Women Empowerment is necessary to achieve development in any country. Brigham Young

has rightly said that “You educate a man; you educate a man. You educate a woman; you
educate a generation”. If we see historically, during the Vedic period status of women was
very good. They were given equal status as men. They were treated in decently. But after that
their position in society deteriorated during the Medieval Period. They were treated like
animals. They were deprived of getting the education and they were subjected to do only
household activities. They were not allowed to participate in community matters.

Women Empowerment is very crucial today. Women Empowerment is crucial to promote the
overall development of society. It ensures women economic independence. Everyone wants
free and independent life without any dominance. It also serves in contributing to the
economic benefits of the household of the women. Women Empowerment is necessary to
bring about peace and justice to society with women being equally equipped to fight against
the wrongs committed against them. In nutshell, it can be said that women empowerment
brings about a change to the world and breaks the stereotypes to assist in the greater benefit
of society, the nation and the world as a whole.

In 1931, the father of our nation, Mahatma Gandhi, at the second round table conference
announced that he would endeavour to establish such a society in India, in which the women
would enjoy the same rights as men. But now, even after 90 years from that declaration can
we ask ourselves- Are women really empowered?
WOMEN EMPOWERNMENT: A REALITY

In reply to the above question, one might say- YES.

In this decade many women came into the limelight and emerged as leaders in every field like
Zia Mody (Co-founder of AZB & Partners), Bhawana Kanth (First woman to qualify for
combat missions on a fighter jet), Ekta Kapoor (Films and Television) and the list goes on.
Women are entering into job markets in increasing numbers. They are happier than before.
Lots of opportunities have also been created for women through reservation policies. E.g.
Article 243D(3) and 243T(3) provides for reservation of not less than one-third of the total
number of seats in Panchayats and Municipalities for women.

Various new legislations talks about the protection of women in the family and society like
the Dowry Prohibition Act, 1961 and the Protection of women from Domestic Violence Act,
2005. Today women don’t compromise if the marriage doesn’t turn out well. They are now
more educated than before. They are now aware of their rights. Lots of opportunities have
also been created for them. Even rural women along with urban women are raising their
voices and make a clear stand in society. Women Empowerment is the tool for a society to
progress. An empowered woman with a child can make a nation’s future bright.

Women are now claiming their rights like the right to work, the right to education or the right
to decide for them what ought to be given to them before. The Government has also passed
various legislations to save women from various forms of injustice and gender-based
discrimination. To empower women there are some following legislation passed by the
Parliament of India- Dowry Prohibition Act, 1961, Immoral Traffic (Prevention) Act, 1956,
Medical Termination of Pregnancy Act (MTP), 1971, Maternity Benefit Act, 1961,
Prohibition of Child Marriage Act, 2006, Pre-Conception & Pre-Natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act (PNDT), 1994, and Sexual Harassment of
Women at Work Place (Prevention, Protection and Redressal) Act, 2013.

The status of women has improved particularly in the 20 th Century. Social evils like Purdah
System (Veil System), Sati (self-immolation by the wife with her husband), Child Marriages
and other customs are removed. This would help many women to come up and explore their
ability to do something extraordinary and help the society and boost the Gross Domestic
Product (GDP) of the country.
The provisions related to women empowerment and gender equality are also enshrined in our
Constitution. Our Constitution not only grants equality to women but also empowers the state
to make positive discrimination for women to neutralize the social, economic, educational or
political disadvantages faced by them. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42
are some Fundamental Rights and Directive Principles of State Policy (DPSP) of the
Constitution are of special importance in this regard. Along with these provisions in the
Constitution Sections 243 D and 243T talks about reservations of women in village
Panchayats and Municipalities.

There are also some legal provisions that intend to ensure equal rights and protection of
women in society. These provisions include Rape (S. 375-376), Offences against minor girls
(S. 366, 366A, 366B, 372 and 373), Molestation (S. 354), Sexual Harassment (S. 509) under
Indian Penal Code, 1860.

Government Enactments:

 Beti Bachao Beti Padhao:

This scheme is regulated under combined ministries of the Indian Government. The scheme
was launched by the Prime minister on 22 nd Jan 2015. The main objective of this scheme to
prevent gender based sex selective elimination, to ensure the survival and protection of girl
child and to ensure education and participation of girl children. In 2017-18 Ministry of
MHRD has allocated rupees 5 lakh per district to implement this scheme effectively. The
motive of this scheme is also to protect the girl children from female infanticide and
foeticide.

 Janani Suraksha Scheme. 2005:

This scheme was launched under the Ministry of Health and Family Welfare. Under this
scheme, safe delivery of pregnant women is ensured by promoting institutional deliveries.
The scheme aims is to reduce the maternal and neonatal mortality rates. The government
provides financial assistance to the woman.

 National Credit Fund for Women, 1993:

A national-level organization is created under the Ministry of Woman and Child

Development. The aim of the organization to empower women socially and economically.
The program aims to fulfil the credit needs of the poor and asset-less women in the informal
sector by providing micro-credit facilities. The Kosh exercises various functions; one of the
main functions is to enable the woman to achieve economic development. It provides credit
and services for integrated development concerned with the needs of poor women.

 One-Stop Centre Scheme, 2015

One-Stop Centre Scheme is devoted to provide support and assistance to women who are the
victim of violence. The organization helps to assist in filing FIR. It also aims to provide
psycho-social support and counselling to women and girls.

 Swadhar Greh Scheme, 2015:

The Government initiated a program to providing the primary need for shelter, food, clothing,
health and care of women in agony. It also helps the woman to provide with legal aid
guidance.

 Nirbhaya, 2012

This scheme works to facilitate safety and security for the woman at various levels. This
Scheme aims to ensure strict privacy and confidentiality of woman’s identity and
information. It also works for real-time intervention as far as possible.

There are many other schemes also which works for women empowerment like Sukanya
Yojana which aims parents of a girl child to open a bank account for baby girl and save
money for her future education and health. In nutshell, we can conclude that there are
thousands of schemes for women empowerment but it is to be seen that are these schemes are
properly implemented or does the government succeed in achieving the desired result.
WOMEN EMPOWERNMENT: A MYTH

It is equally important to note the other aspects of the notion of Women Empowerment. India
has more than a billion populations. Out of which women constitute 49% of the total
populations. The development of the country equally depends on women as on men. But the
status of women is very miserable in India. If the demand and interests of half of the
population are not fulfilled then society cannot progress. Despite being Right to Education a
fundamental right, 57% of girls drop their studies after high school 1. Government schemes
are also poorly implemented. The funds allotted are often misappropriated by public officials.
The daily news headlines talk about the violence committed against women show how much
the status of women has degraded in society. According to the 2019 annual report of the
National Crime Report Bureau (NCRB), 32033 rape cases were registered in 2019 throughout
the country on an average of 88 rape cases daily 2. There are only a few women who became
successful in their lives rest remain engaged in household-related activities throughout their
life and no one understands their plight. Everyday women are victimised by social issues.

Common peoples in India often praise celebrities for their efforts made toward women
empowerment. We cannot ignore the efforts made by celebrities such as making movies on
women empowerment or motivational speeches asking women to fight for empowerment like
in #metoo movement. But one thing we miss out on here that when there is a movie made on
women empowerment, it is based on a women issue that is simultaneously going on in
society. Those celebrities are neither doing any work for free nor doing any social service.
But they are making money by selling burning issues of society like this. So, they can’t be
called truly empowered women. Instead, those women who are raising their children alone,
women who are supporting their family or women who get education against the will of the
parents are truly empowered.

In India, it is the quiet irony that where an umpteen numbers of the goddess are worshipped,
the love affair is suicidal for a woman and smoking makes the woman of a loose character.
Women are not allowed to attend schools. Despite having strict laws for sexual assault

1
Mary Seymour, Understanding India’s Dropout rates for Girls, BORGEN Magazine(Mar 13, 2021,
10.04AM), Understanding India's Dropout Rates for Girls - BORGEN (borgenmagazine.com)
2
Ambika Pandit, 94% of offenders known to rape survivors: NCRB Data, The Times of India, (Mar 15, 2021,
4:00 PM), 94% of offenders known to rape survivors: NCRB data | India News - Times of India
(indiatimes.com)
against women, a large number of rape cases are reported daily. In fact, in India, 94% of rape
victims know the rapists3.

It is also true that women are entering into job markets in large numbers. But, they are
compelled to give their whole salary in the hands of mother-in-law or husband. After having
their first baby they are forced to quit the job to take care of the baby and matrimonial home.
The scope of re-entry into the job market is almost negligible. No earning husband wants or
lets her wife work. According to a report, “Women in India are least empowered”. India has
been ranked at a poor 115 by a global survey that looked into the level of economic
empowerment of women in 128 countries4.

 Social Norms

In the Medieval Period, the status of women has decreased in India. Many social evils like
Child Marriage, Purdah System and Sati came into existence during that period. Many evil
practices have been eliminated now but due to the orthodox and conservative ideologies, in
many areas of India, women are prohibited from leaving their homes. In such areas, women
are free to go out of the house for education or employment. They are not even free to marry
a man of their choice. Under such circumstances, women consider themselves inferior to men
and fail to change their current social and economic status. They spend their whole life under
the dependence of men. This situation becomes worse in rural areas than in urban areas. On
average, women are paid 20% less as compared to men for the same kind of job.

 Girls drop out from schools:

Right to Education Act, 2019 make the education of children between 6 to 14 years of age
compulsory under Article 21A of the Constitution. Despite this, “nearly 40% of girls in the
age group of 15-18 years are not attending school while 30% of girls from poorest families
have never set foot in a classroom”, according to the report by Right to Education Forum and
Centre for Budget Policy Studies with support of the World Bank and United Nations
International Children’s Emergency Funds (UNICEF). 5 According to the same report, the
primary reason for the non-compliance of the RTE guidelines is the downward trend in

3
Ibid.
4
Yogesh Sharma, Women Empowerment- A Reality or Myth, The Speaking Tree, (Mar 15, 2021, 04:00 PM),
Women Empowerment - A Reality or Myth (speakingtree.in).
5
Manash Pratim Gohain, 40% of girls aged 15-18 not attending school: Report, The times of India (Mar 16,
2021, 1:30 PM), 40% of girls aged 15-18 not attending school: Report | India News - Times of India
(indiatimes.com)
financing school education which falls from 4.14% in 2014-15 to 3.40% in 2019-206. In
India, many schools face challenges regarding menstruation due to lack of proper toilet
facilities, lack of proper health education, taboos of being girls ‘impure’ during menstruation.
Due to these reasons girls either drop themselves out of school or start taking extended leaves
which ultimately hamper their studies.

 Poor implementation of Government Schemes:

Government launches many schemes like Beti Bachao Beti Padhao, 2015, One-Stop Centre
Scheme, 2015, Nari Shakti Puraskar, 1999 and other two thousand schemes to uplift the
status of women in the society. But most of the schemes are completed only in files. Huge
funds are allotted for it along with rules and regulations to properly implement such schemes.
But the reality is that neither such rules and regulations are properly followed nor such funds
are appropriated correctly. In India, despite being numerous schemes and government
programs, there is minimal effect on the status of women due to political intervention and
corruption. Funds are often misappropriated by public officials. Funds that are released by the
government are often stuck at intermediary level and never reach local authorities (who
implement the policies).

Caste and Gender Discrimination also hinder the implantation of schemes and achieving the
desired result. Dominated group of the society makes cartel with the local authorities and
usurp the benefits of the schemes leaving the vulnerable groups excluded.

 Violence against women is increasing:

The violence against women is increasing primarily due to the low status of women in
society. The behaviour of society towards women has not changed. They are still treated as
burdens and subject to household works. Women are considered as the weaker sex. Women
are easy targets as they can’t resist the perpetrators (men). Rape and Sexual Harassment are
often used as tools by men to teach the lesson to hostile groups of women. Crimes against
women increased 7.3% from 2018 to 2019, and crimes against Scheduled Castes also went up
7.3% in the same period, according to the annual National Crime Record Bureau’s “Crime in
India” 2019 report7. Due to female foeticide, the number of girl child born has declined. The

6
Ibid.
7
Dipankar Ghosh, NCRB Data: 7% rise in crimesagainst women, The Indian Express, (Mar 19, 2021, 8:30
PM), NCRB data: 7% rise in crimes against women | India News,The Indian Express.
Sex Ratio in India is 1081.8 males per 1000 females 8. In India, most women are not
financially independent due to two reasons. Firstly, they do not have adequate
qualifications/knowledge to get a particular job and secondly, after having the baby women
are forced to quit their job. So, due to this, they always remain under the guidance of some
male member of the family be father, husband or son. Domestic Violence is also widespread
and it is often associated with the dowry.

8
UN (World Population Prospectus 2019), Gender Ratio in India, The Statistics Times, (Mar 20, 2021, 11:00
AM), India sex ratio 2020 - StatisticsTimes.com.
SOLUTIONS:

 People’s mindset/perceptions should be changed:

In India, the mindset of the people has developed in the sense that women are always inferior
to men. This mindset needs to be changed and perhaps this is the most difficult job. To
change the perceptions of any human which he has developed over the years is difficult to do.
Children should be taught since their childhood about the evil social practices and
government should conduct campaigns and try to eradicate the social evils.

 Emphasis on Girl’s Education:

In India, the problem of increasing dropout rates of girls cannot be solved overnight. The
joint effort of the government, community leaders and organisations can make a significant
change to this trend. Proper sanitation facilities should be provided to girls in the school.
Furthermore, schools should educate children, parents or even teachers about menstrual
hygiene to create a healthier mindset or open-minded people. However, the government has
put more emphasis on girl’s education in the draft of its National Education Policy (NEP) in
June 2020. This policy also aims to break gender stereotypes of women needing to do the
household work.

 Proper Implementation of Government Schemes:

To implement the government schemes properly and achieve the desired results, the
implementing authorities should be provided with more skilled employees. Funds must be
directly transferred from the government to the implementing authorities avoiding the role of
intermediaries. Strong checks must be put on the expenditures made by the implementing
authorities to avoid any misappropriation of funds.

In India crime against women is on the rise. The elimination of all forms of violence against
women should be the first priority. It can be curbed by making new strict laws and strengthen
and proper implementation of existing laws. The dependency of girls over male members
should be reduced. Education would be the key to this. Women’s ability to earn money
should be strengthened. More educated they are more financially stable they would be. Now
men cannot dominate over them. Campaigns should be conducted to sensitize the public
about the ill-effects of forced and child marriages. Women should be encouraged to take part
in political processes and educate the public about the value of women’s votes.
CONCLUSION

In India, women are considered either goddess or shoe of the foot, yet they are yet not
considered humans. In my opinion, if women are considered only as humans, it would be
sufficient for them. There is no need to treat them as a goddess. We live in a patriarchal
misogynistic society, which is one of the reasons for the oppression of women. To uplift the
status of women, we have to change the mindset of peoples particularly males.

Empowerment would not hold any meaning unless women are made strong, alert and aware
of their equal status and right in society. Policies should be framed to bringing women
mainstream of society. It is important to educate the women. There is the need to improve
female literacy because education holds the key to the development of any country..

On this Women’s Day, we have to realise the fact that the women can have that kind of
empowerment which they ought to have enjoying since past if they were given opportunities
as men, if they were financially stable, if they exercise control over their reproductive health,
or if raise their voice and got proper representation in politics.

We have everything which is required to make a women empowered like schemes, plans, and
funds. But we lack only one thing, it is intention. Men never want women to keep pace with
them. They always want to dominate and exploit them. Government and women should start
a joint battle against the evil patriarchal mindset peoples and achieve the feat.