Project on

GENDER EQUALITY & CONSTITUTION OF INDIA

Submitted To - Dr. Nida Zainab Naqvi

Submitted By - Anas Mohsin

 ACKNOWLEDGEMENT

I take immense pleasure in thanking our respected teacher of Women & Child Law Dr.
Nida Zainab Naqvi, for having permitted me to carry out this project. I express my
gratitude to her for giving me an opportunity to explore the world of information
concerning my project topic.
Finally I’d thank my family members for their blessings and wishes for the successful
completion of the project.

- Anas
Mohsin
 INTRODUCTION

Gender inequality remains an everyday reality for the world’s women and girls. It can
begin right at the moment of birth and continue throughout the course of a woman’s life.
Despite critical advances over the course of recent history, women in all countries and
across all socioeconomic levels in society can face various forms of unfair treatment,
including discrimination, harassment, domestic violence and sexual abuse. Other forms of
abuse that are particularly prevalent in certain countries or cultural contexts include forced
marriage, honor killings, deprivation of education, denial of land and property rights, and
lack of access to work and to health care.

An estimated 1 out of every 3 women worldwide has experienced sexual or physical

violence at home, in her community, and/or in the workplace.

Women may experience human rights abuses at different points in their working lives,
including during recruitment, hiring, promotion and termination processes, as well as in
daily interactions with colleagues and supervisors.

Outside of the workplace, women are often particularly vulnerable to the social and
environmental impacts of business activities. For example, in many developing countries,
women and girls are primarily responsible for fetching and hauling water. When company
operations contaminate local sources, it is they who carry the burden of walking, often for
hours, to the nearest substitute, which can prevent them from working or going to school.

According to the UN Entity for Gender Equality and the Empowerment of Women (UN
Women), gender “refers to the social attributes and opportunities associated with
being male and female and the relationships between women and men and girls and
boys, as well as the relations between women and those between men. These attributes,
opportunities and relationships are socially constructed and are learned through
socialization processes.”
Furthermore, gender equality “refers to the equal rights, responsibilities and
opportunities of women and men and girls and boys. Equality does not mean that
women and men will become the same but that women’s and men’s rights, responsibilities
and opportunities will not depend on whether they are born male or female.”

Globally, working women still earn 24% less than men on average.

Women and girls comprise half of the planet’s population; their empowerment is essential
in expanding economic growth and promoting social development in a sustainable way. In
many cases, the full participation of women in the workforce would add double-digit
percentage points to national growth rates. Evidence from around the world shows that
gender equality advancements have a ripple effect on all areas of sustainable development,
from reducing poverty, hunger and even carbon emissions to enhancing the health, well-
being and education of entire families, communities and countries. In fact, “[e]quality
between women and men is seen both as a human rights issue and as a precondition for,
and indicator of, sustainable people-centered development.”

Globally, working women still earn 24% less than men on average.

As illustrated in the figure above, and depending on the specifics of the relevant corporate
initiative, addressing gender-related impacts in connection with business may contribute to
the achievement of an array of the Global Goals, including:

 Goal 1: End poverty in all its forms everywhere

 Goal 2: End hunger, achieve food security and improved nutrition and promote
sustainable agriculture

 Goal 3: Ensure healthy lives and promote well-being for all at all ages

 Goal 4: Ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all
  Goal 5: Achieve gender equality and empower all women and girls

 Goal 6: Ensure availability and sustainable management of water and sanitation for
all

 Goal 8: Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all

 Goal 10: Reduce inequality within and among countries

 Goal 11: Make cities and human settlements inclusive, safe, resilient and
sustainable

 Goal 13: Take urgent action to combat climate change and its impacts

 Goal 14: Promote peaceful and inclusive societies for sustainable development,
provide access to justice for all and build effective, accountable and inclusive
institutions at all levels

So, how are companies currently supporting a world in which these goals can become a
reality – a world in which the rights of women and girls are respected across all areas of
business activity?

Examples illustrated by the case studies below include:

 An individual clothing brand is piloting a peer educator training program: A

global apparel company is aiming to address issues around women’s health and
equality in the workplace via peer-to-peer training, sensitization among senior
management, and accessible complaint channels at the factory level.
 Actors along a global value chain are collectively addressing the human rights
impacts associated with a specific product: The largest supermarkets in the
United Kingdom are working together on a product-specific project that engages
 importers and local civil society groups, government actors, exporters, farmers and
workers to promote decent work for strawberry pickers in Morocco who are women.
 Brands are playing a key role in a worker-driven social impact program that
uses market enforcement mechanisms to drive positive change: The agricultural
industry in the United States is seeing real transformation in the lives of women
farmworkers who too often face gender discrimination and sexual abuse in the
fields.

The case studies explore each of these innovative and evolving models in more detail.
Each case study captures publicly available information on the initiative, alongside
experiences and opinions from various actors involved.

These summaries do not claim to give a definitive account of a specific initiative or of all
perspectives on that case study; instead, they are intended to serve as illustrative examples
of how action toward corporate respect for human rights can make a critical contribution
to the achievement of various goals and targets under the SDGs.
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.

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))

LEGAL 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 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
(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

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.

CONCLUSION
Globally, women have fewer opportunities for economic participation than men, less
access to basic and higher education, greater health and safety risks, and less political
representation.

Guaranteeing the rights of women and giving them opportunities to reach their full
potential is critical not only for attaining gender equality, but also for meeting a wide
range of international development goals. Empowered women and girls contribute to the
health and productivity of their families, communities, and countries, creating a ripple
effect that benefits everyone.

The word gender describes the socially-constructed roles and responsibilities that societies
consider appropriate for men and women. Gender equality means that men and women
have equal power and equal opportunities for financial independence, education, and
personal development. Women's empowerment is a critical aspect of achieving gender
equality. It includes increasing a woman's sense of self-worth, her decision-making power,
her access to opportunities and resources, her power and control over her own life inside
and outside the home, and her ability to effect change. Yet gender issues are not focused
on women alone, but on the relationship between men and women in society. The actions
and attitudes of men and boys play an essential role in achieving gender equality.

Education is a key area of focus. Although the world is making progress in

achieving gender parity in education, girls still make up a higher percentage of out-of-
school children than boys. Approximately one quarter of girls in the developing world do
not attend school. Typically, families with limited means who cannot afford costs such as
school fees, uniforms, and supplies for all of their children will prioritize education for
their sons. Families may also rely on girls' labor for household chores, carrying water, and
childcare, leaving limited time for schooling. But prioritizing girls' education provides
perhaps the single highest return on investment in the developing world. An educated girl
is more likely to postpone marriage, raise a smaller family, have healthier children, and
send her own children to school. She has more opportunities to earn an income and to
participate in political processes, and she is less likely to become infected with HIV.
Women's health and safety is another important area. HIV/AIDS is becoming an
increasingly impactful issue for women. This can be related to women having fewer
opportunities for health education, unequal power in sexual partnership, or as a result
of gender-based violence. Maternal health is also an issue of specific concern. In many
countries, women have limited access to prenatal and infant care, and are more likely to
experience complications during pregnancy and childbirth. This is a critical concern in
countries where girls marry and have children before they are ready; often well before the
age of 18. Quality maternal health care can provide an important entry point for
information and services that empower mothers as informed decision-makers concerning
their own health and the health of their children.

A final area of focus in attaining gender equality is women's economic and political
empowerment. Though women comprise more than 50% of the world's population, they
only own 1% of the world's wealth. Throughout the world, women and girls perform long
hours of unpaid domestic work. In some places, women still lack rights to own land or to
inherit property, obtain access to credit, earn income, or to move up in their workplace,
free from job discrimination. At all levels, including at home and in the public arena,
women are widely underrepresented as decision-makers. In legislatures around the world,
women are outnumbered 4 to 1, yet women's political participation is crucial for achieving
gender equality and genuine democracy.

The World Economic Forum recently ranked the United States as 19th in the world on
its gender gap index. With women comprising less than one fifth of elected members of
Congress, the report identifies political empowerment as the greatest gender equity issue
for the United States. The U.S. ranked higher in economic empowerment, but women's
earning power remains approximately 20% lower than men's. Women in the United States
have a very high ranking of educational attainment, though, with high levels of literacy
and enrollment in primary, secondary, and university education. At present, there are more
U.S. women attending college than men.

Globally, no country has fully attained gender equality.Scandinavian countries like

Iceland, Norway, Finland, and Sweden lead the world in their progress toward closing the
gender gap. In these countries, there is relatively equitable distribution of available
income, resources, and opportunities for men and women. The greatest gender gaps are
identified primarily in the Middle East, Africa, and South Asia. However, a number of
countries in these regions, including Lesotho, South Africa, and Sri Lanka outrank the
United States in gender equality.

Around the world, Peace Corps Volunteers are working with communities to address
gender equality and empower women and girls. In 1974, Congress signed the Percy
Amendment requiring Peace Corps Volunteers to actively integrate women into the
economic, political, and social development of their countries. Many Peace Corps
Volunteers implement the Camp GLOW program, or Girls Leading Our World, to help
girls develop self-esteem and leadership skills. Recognizing that men and boys must be
equal partners in achieving gender equality, Volunteers also teach leadership and life skills
to boys through Teaching Our Boys Excellence (TOBE) camps. Peace Corps Volunteers
promote gender equality and women's empowerment through health education, business
development, and by raising awareness of women's rights and contributions to their
communities. Learn more about how Peace Corps Volunteers are working with
communities by visiting the Paul D. Coverdell World Wise Schools resources.

BIBLIOGRAPHY
BOOKS:-
Child Rights in India - Asha Bajpai
Women and Law - Rameshwari Pandya

STATUTES:-
Constitution of India
Indian Penal code
The Employees State Insurance Act, 1948
The Plantation Labour Act, 1951
The Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with amendment in 2005
Immoral Traffic (Prevention) Act, 1956
The Maternity Benefit Act, 1961 (Amended in 1995)
Dowry Prohibition Act, 1961
The Medical Termination of Pregnancy Act, 1971
The Contract Labour (Regulation and Abolition) Act, 1976
The Equal Remuneration Act, 1976
The Prohibition of Child Marriage Act, 2006
The Criminal Law (Amendment) Act, 1983
The Factories (Amendment) Act, 1986
Indecent Representation of Women (Prohibition) Act, 1986
Commission of Sati (Prevention) Act, 1987
The Protection of Women from Domestic Violence Act, 2005

WEBSITES:-
www.indiankanoon.com
www.manupatra.com
www.lexisnexis.com
www.livelaw.in