Woman & Law - Unit - 1

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
COURSE : BALLB (A+B+C) & BBALLB (A+B+C)

SEMESTER: Seventh
NAME OF SUBJECT: Women & Law
UNIT-1
TOPIC: Introduction
FACULTY NAME: Ms. Neha Maggo

ASSISTANT PROFESSOR (LAW)
STATUS OF WOMEN IN INDIA
• The status of women depicts the social, economic and mental condition in a nation. Women
have been regarded as a symbol of spirituality in our scriptures. Yet, they have been treated
badly and unequally to men. Social evils such as dowry, sati-system, child marriage, and
female infanticide were widely prevalent in the early ages. The spread of education and self-
consciousness among women has led to their progress over the period. Women of today are
empowered. Also, women are gaining advancements and success in each and every field.
• Women in India in Ancient age
• Women in Free India

STATUS OF WOMEN IN INDIA
Women in Free India
Gender equality Women today are eager to take up professions and work. Thus, they enjoy
equal respect and dignity in the family. Women in free India also enjoy equal pay for equal
work in comparison to men. Also, there are provisions of maternity leave for them.
Furthermore, females are provided equality of opportunity under Article 16 of the Constitution
of India.

Educational Status
The girls in urban areas are almost at par in education with the boys. But there is a less educated
female population in rural areas. This has also affected the social and economic development of
rural India. The poor (hygienic facilities) facilities at school and lack of female staff have
affected education. Kerala and Mizoram have a universal literacy rate.
Women and Politics
The maximum figure of female politicians in the world is from India. Women have occupied
significant positions i.e. of President, Prime Minister, Speaker of the Lok Sabha and other high
offices. “Indira Gandhi”, is the first female who held the office of the Prime Minister for 15
years.

STATUS OF WOMEN –POSITION ABROAD
• In 2010, the United Nations founded UN Women to fill a void. Prior to the creation of UN
Women, the UN did not have a department or team focused solely on issues related to
gender equality and women's empowerment, according to its website.
• UN Women's main functions include working with what it calls "intergovernmental

bodies" and organizations, like the UN's Commission on the Status of Women, to create
policies and global standards that relate to women in the workplace and gender wage
gaps.
• Included in the UN Women agenda are issues like women's leadership and political
participation, economic empowerment, ending violence against women, and amplifying
voices of women living with HIV and AIDS.

MIDDLE EAST:
The status of women in the Middle East has been in transition since the early part of the
twentieth century. The Social laws for Islamic women is widely different than any other laws
for women in other cultures. There has been several feminist movement in some Muslim
nations but mostly they do not get the political support for social equality and are snubbed
away.
UNITED STATES OF AMERICA: This is the home of Women super powers like Oprah
Winfrey, Hillary Clinton and Supreme Court Women Judges, Ginsburg and Sotomayor. Yet,
we are far cry from sexism. Women hold 17 percent of the seats in Congress; abortion is
legal, 85 percent of women work outside the home, 70% have no male provider, not sure if
this is Feminism or cry for help.

CHINA: The government of Republic of China has actively promoted the cultural, social,
economic and political roles of women. China in general is a Male dominated society but The
Peoples republic have vowed to bring equality between Men and Women. There has been a
rise in women employment, admission of women into higher education institutions but there
are still signs of lower status of women. And reports of Infanticide and one child policy
proves this. Although traditional marriage (Arranged Marriage) is still the way even today,
Woman's role varies slightly depending on their social status.

CONSTITUTION OF INDIA AND WOMEN
PREAMBLE
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 mention in this regards.

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.

EQUALITY PROVISIONS
• 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 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.

LEGAL PROVISIONS
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

LEGAL PROVISIONS (Continued)
(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

THANK YOU


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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

COURSE : BALLB (A+B+C) & BBALLB (A+B+C)

FACULTY NAME: Ms. Neha Maggo

• Women in India in Ancient age

• Women in Free India

Chanderprabhu Jain College of Higher Studies & School of Law

Women in Free India

Chanderprabhu Jain College of Higher Studies & School of Law

Women and Politics

Chanderprabhu Jain College of Higher Studies & School of Law

• UN Women's main functions include working with what it calls "intergovernmental

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

(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

Chanderprabhu Jain College of Higher Studies & School of Law

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

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

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