PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH

DEPARTMENT OF LAW

PANEL ASSIGNMENT TOPIC

ROLE OF WOMEN IN INDIA- SOCIO-LEGAL PERSPECTIVE

SUBMITTED TO – RESPECTED PANEL SUBMITTED BY:

DR. SUNITA ARYA AKSHAT YADAV
PROF. GOPAL KAG BA.LL.B 10th SEM
PROF. RITUPRIYA GURTOO 111101
 INDEX

INTRODUCTION:..............................................................................................................................3
WOMEN’S POSITION IN ANCIENT INDIA:................................................................................3
STATUS OF WOMEN DURING BRITISH PERIOD:....................................................................4
ROLE OF WOMEN IN POLITICS:.................................................................................................6
ROLE OF WOMEN IN SOCIO-ECONOMIC ACTIVITIES:........................................................6
ROLE OF WOMEN IN MARRIAGE:..............................................................................................7
CONSTITUTIONAL PROVISIONS………………………………………………………………...7
LEGAL PROVISIONS………………………………………………………………………………..9
SPECIAL INITIATIVES FOR WOMEN………………………………………………………….10

LESS AWARENESS OF HER LEGAL STATUS:………………………………………………………………………10

RURAL WOMEN IN INDIA:..........................................................................................................10
WOMEN WELFARE ORGANIZATION:......................................................................................11
CONCLUSION:.................................................................................................................................12

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 ROLE OF WOMEN IN INDIA

INTRODUCTION:
“It is impossible to think about the welfare of the world unless the condition of women is
improved. It is impossible for a bird to fly on only one wing.” — Swami Vivekananda

Men and women are two basic components of our human society. Women play variety of
significant roles in our society from their birth till the end of life. Even after playing her all
the roles and all the job timely in efficient manner in the modern society, she is considered
weak because men are still strongest gender of the society. Even after lots of awareness
programmes, rules and regulations in the society by the government, her life is more
complicated than a man. She has to take care of herself and family members as daughter,
granddaughter, sister, daughter-in-law, wife, mother, mother-in-law, grandmother, etc. By
following such a big responsibility in the family, they are fully able to come out and do job
for bright future of own, family and country. The woman, whose status and role traditionally
were well defined and almost fixed in the society, is now experiencing far-reaching changes.
The woman in modern times is entering into certain new fields that were unknown to the
woman’s sphere of role-sets. They are activating participating in social, economic, and
political activities.

WOMEN’S POSITION IN ANCIENT INDIA:

 During the Vedic period, women occupied an exalted position and they enjoyed a fair
amount of personal freedom and equal rights with men. Girls were allowed to enter
into the gurukuls along with the boys.
 Towards the end of Vedic period (Post Vedic period) women were deprived of social
and religious rights. They were not allowed to participate in social and religious
functions. Gradually the position of women fell down to the extent that the birth of a
girl was regarded as a curse in the family.1

1
Dr. Rekha Singh, Status of women in Indian society, IIAIEIA, (Jan. 29, 2016, 10:04),

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  In the period of Mughals also, the position of women in India was much inferior there

were various social evils, monogamy was prevalent in the society but, among the rich
a man could keep many wives. The widows could not marry again. They either
became sati at the pyre of their husbands or passed their lives as women-hermits. The
Muslims were always prepared either to molest or to capture Hindu-women which
resulted in child-marriages and Purdah system.

STATUS OF WOMEN DURING BRITISH PERIOD:

The status of women, at the dawn of the British rule in India, reached the lowest level in the
society. The wife’s position in the household was in a sorry state. The rate of literacy was so
low that hardly one woman in a hundred was able to read or write. Evil social practices,
dogmatic religious beliefs, inhuman superstitions and sinister customs caused the maximum
degree of deterioration. Child marriage, enforced widowhood, sati, Devadasi, purdah, dowry,
female infanticide and the practice of polygamy made the Indian society static.

However, after centuries of social degradation, perpetual depression, terrible suffering and
social falling in the nineteenth century, zealous endeavour was made by the social reformers
for dispelling the social evil and awakening people against the injustice meted out to the
Indian women. Raja Ram Mohan Ray, Ishwar Chandra Vidyasagar and various other social
reformers laid stress on women’s education, prevention of child marriage, removal of
polygamy and remarriage of widows. Public opinion was aroused against the practice of
‘Sati’.

The early twentieth century witnessed the rise of the National Movement under the leadership
of Mahatma Gandhi who was in favour of removing all the disabilities of women. Thus

during this period, the efforts of the reformers, national leaders and women’s organisations

resulted in a good deal of social legislations by the British Government. The Child Marriage

Restraint Act was passed in1929. This Act penalized the marriage of girls below fourteen and

boys below eighteen years of age. However, the government failed to enforce it properly.

Lord William Bentick initiated steps against ‘Sati’. He was supported by Raja Ram Mohan

Ray and Dwarakanath Tagore. ‘Sati’ was legally abolished in December, 1829. After the

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abolition of ‘Sati’ the Britisher’s realized the pitiable conditions of the Hindu widows and

enacted the Hindu Widow Remarriage Act in 1856. The Hindu Woman’s Right to Property

Act was passed in the year 1937. It intended to improve the position of widows in respect of
property. Thus, during the British regime, with the help of several social legislations the

Indian woman’s position which had taken a chequered course was sought to be balanced. The

National Movement and various women’s movements paved the way for their liberation from

the social evils and religious taboos.2

ROLE OF WOMEN IN POLITICS:

Education of women has not only helped them to become aware of the political problems,

but they are gradually becoming active participants in the political life.

Some are enrolling themselves as members of political parties, attending party meetings,

conventions, and carrying out political programs.

Some women are attaining the influential political stature of their own and have become

instrumental in shaping the public opinion for the betterment of women’s conditions in

society.

ROLE OF WOMEN IN SOCIO-ECONOMIC ACTIVITIES:

The woman in modern times is entering into certain new fields that were unknown to the

woman’s sphere of role-sets. These are the woman’s participation in economic, political,

and social life.

The modern woman keenly desires to enter into a work career because of the pressing

economic needs of the family. There are many women who are doing very well in every

sector. Many women are holding higher posts like CEO, HR, Manager in many national

and multinational companies.

2
Nitisha sharma, status of women during British period, YourArticle, (19 Aug, 2010, 05:00PM)

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 In middle-class families, much emphasis given to the maintenance of high standard of

living. To fulfil the economic requirements of the family and to achieve the higher

standard of living the woman participates in economic activities.

Today names like Arundhati Roy, Anita Desai, Kiran Desai, Shobha De, Jhumpa Lahiri
can put any other writer to shame. In the field of cinema, women like Rekha, Smita Patil,
Shabana Aazmi and Vidya Balan, Deepika Padukone, Priyanka Chopra and Konkona Sen
are such names who don’t play feminised roles, but have asserted themselves over this
male-dominated realm. In the field of Politics, from Indira Gandhi to Shiela Dixit, Uma
Bharti, Jayalalithaa, Vasundhra Raje and Mamata Banerjee today, women are making
their presence felt.

ROLE OF WOMEN IN MARRIAGE:

Most women, even the educated, regard marriage as a matter of parental choice.

Many young girls of the middle and upper classes educated to (or “intending to”)

marriage rather than to careers.

Many girls enter into careers apparently not because they want them, but because there is

nothing else to be done until their parents find them husbands.

ROLE OF WOMEN AT UNIVERSAL ON HIS EQUALITY:

Women’s equality regarding education, employment, and power is still an individual

rather than a universal achievement. The majority of our women are still content to accept

an inferior status. It is by, and largely because, although legally women have equal rights

with men, there are not enough jobs for women and working women not adequately

protected from exploitation.

LESS AWARENESS OF HER LEGAL STATUS:

The women have not aware of the provision related to improvement on their position.

There are so many rights for the women provision, and they know it perfectly their rights

of succession, marriage, or family. They do not involve in this provision just because they

do not have any desire.

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There are many families who restricts to the women for their rights and enjoyment. The

reason is they have rights for the traditional dominance of the authority of the male,

husband, and other elder members of the family.

Most of the women have suffering from the traditional dominance and they not raising his

voice for against it, rarely women are raising his voice against the traditional dominance.

CONSTITUTIONAL PROVISIONS

The Constitution of India not only grants equality to women but also empowers the State

to adopt measures of positive discrimination in favour of women for neutralizing the

cumulative socio economic, education and political disadvantages faced by them.

Fundamental Rights, among others, ensure equality before the law and equal protection of

law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or

place of birth, and guarantee equality of opportunity to all citizens in matters relating to

employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are

of specific importance in this regard. Constitutional Privileges

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race,

caste, sex, place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article

15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or

appointment to any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the

right to an adequate means of livelihood (Article 39(a)); and equal pay for equal

work for both men and women (Article 39(d))

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid

by suitable legislation or scheme or in any other way to ensure that opportunities

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 for securing justice are not denied to any citizen by reason of economic or other

disabilities (Article 39 A)

(vii) The State to make provision for securing just and humane conditions of work and

for maternity relief (Article 42)

(viii) The State to promote with special care the educational and economic interests of

the weaker sections of the people and to protect them from social injustice and all

forms of exploitation (Article 46)

(ix) The State to raise the level of nutrition and the standard of living of its people

(Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the

people of India and to renounce practices derogatory to the dignity of women

(Article 51(A) (e))

(xi) 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 to be reserved for

women and such seats to be allotted by rotation to different constituencies in a

Panchayat (Article 243 D(3))

(xii) Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))

(xiii) 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 to be reserved for

women and such seats to be allotted by rotation to different constituencies in a

Municipality (Article 243 T (3))

(xiv) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes,

the Scheduled Tribes and women in such manner as the legislature of a State may

by law provide (Article 243 T (4))

LEGAL PROVISIONS

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To uphold the Constitutional mandate, the State has enacted various legislative measures

intended to ensure equal rights, to counter social discrimination and various forms of

violence and atrocities and to provide support services especially to working women.

Although women may be victims of any of the crimes such as 'Murder', 'Robbery',

'Cheating' etc, the crimes, which are directed specifically against women, are

characterized as 'Crime against Women'. These are broadly classified under two

categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

(i) Rape (Sec. 376 IPC)

(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)

(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)

(iv) Torture, both mental and physical (Sec. 498-A IPC)

(v) Molestation (Sec. 354 IPC)

(vi) Sexual Harassment (Sec. 509 IPC)

(vii) Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL) Although all laws are not gender

specific, the provisions of law affecting women significantly have been reviewed

periodically and amendments carried out to keep pace with the emerging requirements.

Some acts which have special provisions to safeguard women and their interests are:

(i) The Employees State Insurance Act, 1948

(ii) The Plantation Labour Act, 1951

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(iii) The Family Courts Act, 1954

(iv) The Special Marriage Act, 1954

(v) The Hindu Marriage Act, 1955

(vi) The Hindu Succession Act, 1956 with amendment in 2005

(vii) Immoral Traffic (Prevention) Act, 1956

(viii) The Maternity Benefit Act, 1961 (Amended in 1995)

(ix) Dowry Prohibition Act, 1961

(x) The Medical Termination of Pregnancy Act, 1971

(xi) The Contract Labour (Regulation and Abolition) Act, 1976

(xii) The Equal Remuneration Act, 1976

(xiii) The Prohibition of Child Marriage Act, 2006

(xv) The Criminal Law (Amendment) Act, 1983

(xvi) (xv) The Factories (Amendment) Act, 1986

(xvii) Indecent Representation of Women (Prohibition) Act, 1986

(xviii) Commission of Sati (Prevention) Act, 1987

(xix) The Protection of Women from Domestic Violence Act, 2005

SPECIAL INITIATIVES FOR WOMEN

(i) National Commission for Women : In January 1992, the Government set-up this

statutory body with a specific mandate to study and monitor all matters relating to

the constitutional and legal safeguards provided for women, review the existing

legislation to suggest amendments wherever necessary, etc.

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 (ii) Reservation for Women in Local Self -Government : The 73rd Constitutional

Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats

for women in all elected offices in local bodies whether in rural areas or urban

areas.

(iii) The National Plan of Action for the Girl Child (1991-2000) : The plan of Action is

to ensure survival, protection and development of the girl child with the ultimate

objective of building up a better future for the girl child.

(iv) National Policy for the Empowerment of Women, 2001 : The Department of

Women & Child Development in the Ministry of Human Resource Development

has prepared a “National Policy for the Empowerment of Women” in the year

2001. The goal of this policy is to bring about the advancement, development and

empowerment of women.

RURAL WOMEN IN INDIA:

In the national development, women play equal and important role in India on the

Gandhiji vision. According, the Indian constitution, women have more rights for

enjoyment and privileges while they are urban women or rural women.

Generally, most of the women are living in the urban area which is middle class and

educated women. They have the rights for raising the movement of socio-economic

status. But the rural women yet to enjoy their rights and privileges as enshrined in the

constitution.

WOMEN WELFARE ORGANIZATION:

There are many organizations for the women welfare. Here, such organization at the

national level. For examples, Women Christian Association, All India women’s

conference, national council of women, Inner wheel (Women’s section of the rotary

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 International). There is also the local organization for the women welfare in the many

cities such as, Mahila Mandal, Mahila Samiti, and Recreation Clubs, etc.3

CONCLUSION:

Within the framework of a democratic polity, our laws, development policies, Plans and
programmes have aimed at women‘s advancement in different spheres. From the Fifth Five
Year Plan (1974-78) onwards has been a marked shift in the approach to women‘s issues
from welfare to development. In recent years, the empowerment of women has been
recognized as the central issue in determining the status of women. There is no denying the
fact that women in India have made a considerable progress in the last fifty years but yet they
have to struggle against many handicaps and social evils in the male dominated society. The
Hindu Code Bill has given the daughter and the son equal share of the property. The
Marriage Act no longer regards woman as the property of man. Marriage is now considered
to be a personal affair and if a partner feels dissatisfied, she or he has the right of divorce. But
passing of law is one thing and its absorption in the collective thinking of society is quite a
different matter. In order to prove themselves equal to the dignity and status given to them in
the Indian Constitution they have to shake off the shackles of slavery and superstitions. They
should help the government and the society in eradicating the evils of dowry, illiteracy and
ignorance among the eves. The dowry problem has assumed a dangerous form in this
country. The parents of the girls have to pay thousands and lacs to the bridegrooms and their
greedy fathers and mothers. If promised articles are not given by the parents of brides, the
cruel and greedy members of the bridegrooms' family take recourse to afflicting tortures on
the married women. Some women are murdered in such cases. The dowry deaths are really
heinous and barbarous crimes committed by the cruel and inhumane persons. The young girls
should be bold enough in not marrying the boys who demand dowry through their parents.
The boys should also refuse to marry if their parents demand dowry. But unfortunately, the
number of such bold and conscientious boys is very few. Even the doctors, engineers,
teachers and the administrative officers do not hesitate in allowing themselves to be sold to

3
Tanima Banerjee, how the status of women changed in India, Youth Ki Awaaz, (23 May, 2018, 02:00)

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the wealthy fathers of shy and timid girls. Such persons have really brought disgrace to their
cadres in particular and society in general. The government should enact stringent laws to
afflict rigorous punishment on dowry seekers, women's murderers and rapists.

However, there still exists a wide gap between the goals enunciated in the Constitution,
legislation, policies, plans, programmes, and related mechanisms on the one hand and the
situational reality of the status of women in India, on the other.

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