SUBJECT

PIL & HR

TOPIC
International and Indian legal perspectives on protection of human rights of women

NAME OF THE STUDENT

ASMITA V YADAV

ROLL NUMBER
52

CLASS/DIVISION
TYLLB/B

SUBMITTED TO
MS SHAHIZA IRANI

TABLE OF CONTENT

SR.NO. CONTENT
1. DECLARATION

2. INTRODUCTION

3. INTERNATIONAL LAW OF HUMAN RIGHTS OF WOMEN

4. IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS

FOR WOMEN IN INDIA

5. CASE LAW

6. CONCLUSION

7. REFRENCES

1. DECLARATION OF STUDENT
I, STUDENT OF THAKUR RAMNARAYAN COLLEGE OF LAW, IN TYLLB-B, DO
HEREBY DECLARE THAT THIS PRACTICAL TRAINING – III BEING SUBJECTED
TO THAKUR RAMNARAYAN COLLEGE OF LAW IS AN ORIGINAL WORK ON THE
BASIS OF THE RESEARCH UNDERTAKEN BY ME. I HEREBY CONFIRM THAT THE
NECESSARY ACKNOLWEDGEMENT AND REFERENCES HAVE BEEN GIVEN AT
THE RELEVANT PLACES ALL THROUGH OUT THIS PROJECT.

DATE: 23-10-2021.

PLACE: MUMBAI

International and Indian legal perspectives on protection of human rights

of women

INTRODUCTION
Women are entitled to enjoy an equivalent human rights and fundamental freedoms as
other individuals. International human rights treaties require State parties to take proactive
steps to ensure that women’s human rights are respected by law and to eliminate
discrimination, inequalities, and practices that negatively affect women’s rights. Under
international human rights law, women may also be entitled to specific additional rights
such as those concerning reproductive healthcare.
As a very vulnerable group, women have special status and protection within the United
Nations and regional human rights systems. International human rights treaties prohibit
discrimination on the basis of gender and also require States to ensure the protection and
realization of women’s rights in all areas – from property ownership and freedom from
violence, to equal access to education and participation in government.

I. INTERNATION LAW OF HUMAN RIGHTS OF WOMEN

Violence is among the foremost severe human rights violations, and ladies are often

attacked for sexual reasons or maybe on account of their gender. The phenomenon of
femicide is on the increase and reports estimate that of all women killed in 2012, almost
half were killed by intimate partners or relations . Women human rights defenders are also
often the deliberate targets of violence. According to a 2012 Report of the Special
Rapporteur on violence against women , women community leaders in Colombia, and
women fighting for their rights, are the main targets of gender-related killings.

1. The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)
The Convention on the Elimination of All sorts of Discrimination Against Women
(CEDAW) was adopted by the United Nations General Assembly in 1971, during the
UN Decade for ladies . It is a binding international instrument that mandates signatory
parties to require all appropriate measures to facilitate the advancement of girls and
therefore the upholding of their human rights.
The Convention defines discrimination against women as "...any distinction, exclusion
or restriction made on the idea of sex which has the effect or purpose of impairing or
nullifying the popularity , enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other
field."

By accepting the Convention, States commit themselves to undertake a series of measures to

end discrimination against women in all forms, including:

 to incorporate the principle of equality of men and women in their legal system,
abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination
against women;
 to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
  to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.

 The Convention provides the basis for realizing equality between women and men
through ensuring women's equal access to, and equal opportunities in, political and
public life -- including the right to vote and to stand for election -- as well as
education, health and employment. States parties agree to take all appropriate
measures, including legislation and temporary special measures, so that women can
enjoy all their human rights and fundamental freedoms.

 The Convention is the only human rights treaty which affirms the reproductive rights
of women and targets culture and tradition as influential forces shaping gender roles
and family relations. It affirms women's rights to acquire, change or retain their
nationality and the nationality of their children. States parties also agree to take
appropriate measures against all forms of traffic in women and exploitation of
women.

 Countries that have ratified or acceded to the Convention are legally bound to put its
provisions into practice. They are also committed to submit national reports, at least
every four years, on measures they have taken to comply with their treaty obligations.

II. IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR

WOMEN IN INDIA

The principle of gender equality is enshrined in the Indian Constitution in its

Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to adopt
measures of positive discrimination in favour of women. Within the framework of a
democratic polity, our laws, development policies, Plans and programmes have aimed
at women’s advancement in different spheres. India has also ratified various
international conventions and human rights instruments committing to secure equal
rights of women. Key among them is the ratification of the Convention on Elimination
of All Forms of Discrimination against Women (CEDAW) in 1993.

1. 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
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))

2. LEGAL PROVISIONS

To uphold the Constitutional mandate, the State has enacted various legislative
measures intended to make sure equal rights, to counter social discrimination and
various sorts of violence and atrocities and to provide support services especially to
working women. Although women could also be victims of any of the
crimes like '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
(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
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
 (xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005

3. 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.
(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.

III. CASE LAW

1. INTERNATIONAL CASE LAWS

 Broeks v the Netherlands (Communication No. 172/1984)

In the Netherlands, under the Unemployment Benefits Act, married women could not
claim continued unemployment benefits unless they proved they were either
"breadwinners" (meaning that they earned over a certain proportion of their family's total
income) or that they were permanently separated from their husbands. This
condition didn't apply to married men.
Using the first Optional Protocol, Mrs S.W.M. Broeks complained to the Human Rights
Committee that the Unemployment Benefits Act violated her right under article 26 of the
ICCPR to equality before the law and equal protection of the law. The Committee found
that the law differentiated on the ground of sex placing married women at a disadvantage
compared with married men and noted that this differentiation was not reasonable. The
Committee found that Mrs Broeks was a victim of a violation, supported sex, of article 26
of the ICCPR.
The case of Broeks v the Netherlands is an example of article 26 of the ICCPR giving
protection from discrimination that is not related to a civil or political right. If a law
discriminates, article 26 applies whether or not the topic matter of the law is roofed by
provisions of the ICCPR. Article 26 therefore has the potential to be widely wont
to oppose discrimination.

 N.S.F. v UK (Communication No. 10/2005) 1)

Reference Details Jurisdiction: United Nations Committee on the Elimination of

Discrimination against Women

Date of Decision: 30 May 2007

Facts
Ms. N.F.S., was a Pakistani asylum seeker living within the UK together with her two
children. In 1996 she married and had two sons resulting from this union. Shortly after, her
husband began subjecting her to domestic violence. She endured marital rape and
eventually divorced her husband in August 2002. She subsequently fled to a nearby village
with her two sons where she continued to be harassed by her ex-husband after the divorce
causing her to move two more times. She reported him to the police but didn't receive any
protection. In January 2003, the author’s ex-husband came to her home with other men
armed with knives and threatened to kill her. After this incident, the author decided  to
escape the country and arrived within the uk , transiting through Cairo, Egypt, on 14
January 2003 together with her two children, and applied for asylum the same day. In
February the Immigration and Nationality Directorate of the Home Office rejected the
author’s asylum application. The author appealed, claiming that her removal would be a
violation of the 1951 Convention on the Status of Refugees and therefore the European
Convention on Human Rights and Fundamental Freedoms. She asserted that she had a
well-founded fear of persecution by a non-state agent, under the 1951 Convention,  thanks
to her membership during a particular group (women in Pakistan); that
Pakistan didn't offer her sufficient protection; that there was no real option of internal
flight; which article 3 of the ecu Convention on Human Rights and Fundamental Freedoms
was violated. Her appeals were dismissed by the Adjudicator, the Immigration Appeal
Tribunal and therefore the supreme court of Justice which declared its decision to be final.
The author filed for “discretionary leave” or “temporary protection” to stay within
the uk on humanitarian grounds with the house Office on 4 January 2005. On 1 February
2005, the Immigration and Nationality Directorate wrote to the author informing her that
she had no further right of appeal which the choice on her earlier claim would not be
reversed. On 29 September 2005, the author made an application to the European Court of
Human Rights alleging a violation by the United Kingdom of her rights under article 3
(prohibition of torture) and article 8 (right to respect for personal and family life). The
Court declared the communication inadmissible and on 8 May 2006 the house Office
refused her request for discretionary leave on humanitarian grounds.
Law
The author did not invoke specific provisions of the UN Convention on the Elimination of
All Forms of Discrimination against Women and did not demonstrate how the Convention
may have been violated but her claims appeared to raise issues under article 2 and 3 of the 2
Convention. The Convention and its Optional Protocol entered into force for the State party
on 7 April 1986 and 17 December 2004 respectively.

DECISION
The Committee found the communication to be inadmissible under article 4, paragraph 1
of the Optional Protocol on the idea that each one available domestic remedies had not yet
been exhausted. In reaching its decision the Committee noted the State party’s contention
that no allegation of sex discrimination had ever been formulated by the author and, as a
consequence, the domestic authorities and/or courts haven't yet had a chance to affect such
an assertion, which, within the opinion of the Committee, must be considered within
the light of the State party’s obligations under the Convention.

2. INDIAN CASE LAWS

 Apparel Export Promotion Council v. A.K Chopra, AIR 1999 SC 625

The Supreme Court while emphasizing on the the definition of what amounts to sexual
harassment, upheld the dismissal of a superior officer of the Delhi based Apparel Export
Promotion Council who was found guilty of sexually harassing a subordinate female
employee at the workplace.

According to the court:

“Sexual harassment may be a sort of sex discrimination projected through unwelcome
sexual advances, request for sexual favours and other verbal or physical conduct with
sexual overtones, whether directly or by implication, particularly when submission to or
rejection of such conduct by the feminine employee was capable of getting used for
affecting the utilization of the feminine employee and unreasonably interfering with her
work performance and had the effect of making an intimidating or hostile work
environment for her.”
“That in such cases, the courts must attempt to check out the broader implications and not
deny justice to women supported narrow technicalities or dictionary meanings, the conduct
of the respondent was indecent and hence amounted to harassment .”
Supreme Court widened the scope of understanding of what constitutes as sexual
harassment by ruling that physical contact was not essential for it to amount to an act of
sexual harassment.

 C. B. Muthamma v. Union of India and others (AIR 1868)

Facts
The petitioner was a senior member of the Indian Foreign Service . She brought this
petition against the govt on the grounds that she has been overlooked for promotion
because she was a lady and since some rules governing the utilization of women within
the Service are discriminatory in nature and thus contrary to Articles 14 and 16 of the
Constitution.
Decision
The three appeal judges presented unanimous findings. JK Iyer Krishna delivered the
The Court then analysed the individual rules, finding that:
“If a woman member shall obtain the permission of Government before the marriage, the
same risk is run by Government if a male member contracts a marriage. If the family and
domestic commitments of a lady member of the service is probably going to return within the
way of efficient discharge of duties, an identical situation may well arise within the case of a
male member … If a husband features a right, a wife , other things being equal, stands on no
worse footing. Freedom is indivisible, so is justice.” The Court found that, since of the
principles in question had been or where within the process of deletion, there was no need to
address or attack them. In addition, the petitioner had been promoted after her complaint, so
further examination of it had been pointless.
“The Central Government states that although the petitioner wasn't found meritorious enough
for promotion some months ago, she has been found to be good now, has been upgraded and
appointed as Ambassador of India to The Hague , for what that's worth.” The Court dismissed
the petition but directed the govt to review the petitioner's case in light of the only remaining
element of her complaint – that relating to the promotion of people junior to her. The Court
emphasised the necessity to overhaul all service rules to get rid of discrimination.
 IV. CONCLUSION
The social well-being of societies, development goals cannot be fully reached without the
participation of women. A number of sources indicate that women generally occupy a lower
social status than men in India and around the world .
The UN World Conference on Human Rights in Vienna confirmed that women’s rights were
human rights. That this statement was even necessary is striking – women’s status as
citizenry entitled to rights should haven't been unsure . And yet this was a breakthrough in
recognizing the rightful claims of 1 half humanity, in identifying neglect of women’s rights
as a person's rights violation and in drawing attention to the connection between gender and
human rights violations.
In traditional Hindu law, the son is that the "sole object of worship" and thus the daughter is
to be "despised and detested" . According to one report much of the law fails under the load
of 3000 years of celebrating sons and despising daughters.
There is a marked preference for boy children .One of the reasons given for this preference is
that "a girl is paraya dhan " as she, and everything invested in her training or education, is
lost when she moves to her husband's home upon marriage.
The Indian perspective regarding women is more clearly explained by the Supreme Court in
its various judgments or decision. These judgments reflect the women’s strength. Each of the
judgments should be viewed as the tryst of a woman to reassert her strength, to redefine the
patriarchal laws. They show how a lady succeeded in being the voice of thousands of other
women, how they stepped up as women and took the lead. If we talk about Indian
constitution there are many Articles which helps women to get the equal status in society now
a days women are coming out to grab there rights and fights against any discrimination.

V. REFRENCE
1. https://www.unwomen.org/en/news/in-focus/end-violence-against-women/2014/rights
2. https://opentextbc.ca/womenintheworld/chapter/chapter-9-human-rights-of-women/
3. The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
4. https://www.refworld.org/docid/3ae6a8394.html
5. The Women's Watch [Minneapolis]. January 1993. Vol. 6, No. 3.
 6. https://www.unfpa.org/gender-equality
7. https://womenforwomen.org.uk/get-involved/international-womens-day-commitment?
gclid=CjwKCAjw5c6LBhBdEiwAP9ejG2h4OB-
8KentUA68IHQg4HnwSI2MQdx7g7ViC8s7da0gr0UvFE2axBoC8UoQAvD_BwE
8. https://outrightinternational.org/content/sexual-and-reproductive-health-and-rights-
all?gclid=CjwKCAjw5c6LBhBdEiwAP9ejG_iM83X42wXLY-BLxUF8TxB3srVt2-
BblxfstFQ37RbSCW9p7K248BoC1MUQAvD_BwE
9. https://projectworldimpact.com/cause/Womens-Rights?
gclid=CjwKCAjw5c6LBhBdEiwAP9ejG33Ws6klYO8wYmEMo4-
JGbnf4ibJbPvc03ND8SurNPK4U0MrWyxRPRoCvzkQAvD_BwE
10. JHABWALA
11. MANUPATRA
12. CONSTITUTION OF INDIA
13. IPC,1860
14. CPC
15.  United Nations Development Programme (UNDP)India.
16. https://web.archive.org/web/20171207224723/http://intolegalworld.com/2017/01/24/
women-related-law-compiled/
17. https://en.wikipedia.org/wiki/Women_in_India

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