SNDT WOMEN'S UNIVERSITY LAW SCHOOL.

Name : Varsharani. K . Surwade

Roll no: 54

Class: 1st year LLM

Subject: Constitution and new Challenges

Professor name: Anaheeta .R. Balsara.

Seminar topic: Empowerment of women Reference to domestic Violence
 INDEX

Sr.no Particular Page no

1. Empowerment of women 1-4

2. Domestic violence with 5-19

empowerment

3. Landmark judgment 20-24

4. Conclusion 25

5. Suggestion 26
6. Reference 27
 Empowerment of women in India

Abstract
This paper attempts to analyze the status of women Empowerment as per the constitution of India and
highlights the laws of constitution of India which are meant for women empowerment. In this paper
Importance of women empowerment and schemes related women empowerment are also highlighted
which are for the welfare of women empowerment in the country. The data used in the present study
is based on secondary sources. The study realize that there is more need for doing empowerment of
women in India constitutionally. The study concludes that there is more need to create an secured
environment for women so that she should be able to express freely. The present study concludes that
Women are known to be the symbol of spirituality, strength, love, sacrifice and courage. The role of
women in today’s world is changing significantly that is why empowerment of women is must in
today’s world.

Keywords: women, empowerment. laws, schemes, government., status, Indian constitution

Introduction
India is a country of geographical extent and of great diversity. Historically our society is one of the
oldest society in the world. India lies in the northern eastern hemisphere in the south of continent of
Asia which is the biggest continent of world. The main land extends between latitude 8 degree 4min
and 37 degree 6m N, longitude 68degree 7 m to 97 degree 25m East. In terms of Culture, Language,
Religion, physiographic features India is unique. The total population of our country is 121 corers in
2011 census. The population of India is ethnically and racially diverse. India is a union of states, is a
Sovereign socialist secular democratic republic with a parliamentary system of government. The
constitution was adopted on 26, Nov 1949 and came into force in 26 Jan, 1950.The constitution of
free India guarantees equal status to men and women. The position of our country globally is29th
rank among 146 countries on the basis of gender index.
Women empowerment means equalitarianism of women from the atrocious grips of social, cultural,
Economic, Political, and Gender- based discrimination. It means she should be able to express them
just like a men freely. The constitution not only grants equal status but also empowers the state to
adopt positive measures to empower women. The federal system of our country is keeping an eye on
women empower in the country as it is the 5th goal of sustainable development.
Review of Literature
1. UNICEF 2019 (United Nations Children’s Fund): Gender equality is essential to ensure that every
child- girl and boy- has a fair chance in life. Gender equality means that women and men and girls
and boys enjoy the same rights, resources, opportunities’ and protections. Investment in gender
equality contributes to lifelong positive outcomes for children and their communities and yield
considerable rights and well- being often depend on the rights and wellbeing of woman.

2. Fahlberg et al (2016): in the conference of women’s empowerment and international organization:

achievements, opportunities and constraints, despite these challenges, feminist scholars, activists, and
practitioners remain committed to advancing women’s equality, the economic and political
empowerment, and women’s participation in economic and political decision making. The goal is to
promote equal opportunities for women to obtain decent work. This is fairly to paid productive work
carried out in conditions of freedom, equality, security and human dignity.
3. Shettar (2015) examine to analyses the status of women empowerment in India and highlights the
issues and challenges of women empowerment. The study is based on purely secondary source. The
dimensions taken by researcher are as fallows economic, social, and political status of women’s, the
traditionally underprivileged ones, in the society. The study concludes by an observation that access
to education, Employment and change in social structure are only the enabling factors to women
empowerment.
4. Gull (2015) conducted a study to examine women and violence: a study of women empowerment
and its challenges in Jammu and Kashmir. Women’s are the most vulnerable and worst hit section of
the society especially under situations of violence caused by mill tray and militant conflict. The
disturbing situation of Jammu and Kashmir had hit the Kashmiri women hardest and impact on its
harmonious development. The result was found that women’s empowerment is affected in all spheres
such as political, social, economic, domestic violence etc. Empowerment of women in j& k needs a
strong and good planning system.

Objectives
1. To through light on the constitutional laws for the welfare of women empowerment.
2. To explain briefly the schemes which are meant for the welfare of women empowerment.
3. To explain the need of women empowerment.

Importance of women empowerment

The empowerment of women has become one of the most important concerns of 21 ist century not
only at national level but also at the international level. Government initiative alone would not be
sufficient to achieve his goal. Women plays a key role in our society. She taker care her children, her
family responsibility, etc. women plays ideological role in the development of nation. The
development of nation at national and international level is impossible without the participation of
women.so participation women is necessary in every field of life. According to the father of
constitution of India Dr B.R Ambedkar his thought was that women must be treated equally and give
equal Prestige In his last speech of parliament of India he says: No men can be great full at the cost of
his honor , No country can be grateful at the cost of his liberty, No women can be great full at the
cost of his chastity, the constitution of India grants equality to women. Below mentioned headings
are provide which give clear picture for understand the importance of women empowerment:
For Regional, National, and international development.
For Social, Economic, Political development.
For cultural development.
For Educational development.
For Health and survival.
For Agricultural development.
For Decision Making.
At last but not least women empowerment is important for harmonious development.
Research Methodology
The present paper is evocative and logical in nature. The data for present study is from secondary
sources and some are observable data, the data is taken as per the need of study.

Constitution and women empowerment in India

For empowerment of women the constitution of India guaranteed equality and equity to the women
as per fallowing laws:
 Equality before law for all persons (art 14).
 Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth. Art 15(1).
 Special provisions for the welfare of women’s and children Art 15(3).
 Equal opportunity in Employment Art (16)
 Equal right to adequate means of livelihood (39 a)
 Equal pay for equal work.39(b)
 securing health and strength of workers and not to abuse the tender age of children.39(c)
 Work and maternity relief for women. Art (42)
 Renounce practices which are derogatory to the dignity of women Art 51 A (2)
 Reservation of total number of seats in panchayat. Art 243 D(3)
 Reservation of total number of seats in municipalities Art (343)
 The Immoral Traffic prevention act,1956
  The Dowry prohibition Act,1961.( Amendment in1986)
 The Indecent Representation of women Act 1986
 The Commission Satia ( prevention) Act 1987( 3of 1987)
 The maternity Benefit Act 1961.
 The Medical Termination of Pregnancy Act 1971.
 The equal Remuneration Act.
 The marriage law Amendment Bill 2010.

Bills and Acts in 2019 for Empowering Women and Children

 The surrogacy (Regulation) Bill
 The Muslim Women (Protection of Rights on Marriage) Act.
 The trans Gender Persons( protection of Rights) Bill

Women Empowerment schemes in INDIA

 Beti Bachao Beti Padhao scheme 22 Jan 2015.
 One stop center scheme 1 April 2015.
 Women Helpline Scheme 1 April 2015.
 Ujjawala Scheme Dec 2007.
 Working women Hostel 1972-73.
 Swadhar Greh Scheme 2002.
 Support to Training and Employment program me for women.1986-87.
 Rajiv Gandhi National crèches scheme for the children of working Mothers. 2006.
 Mahila E- Haat 7 March 2016.
 Nari Shakti puraskar 1999.
 Nirbhaya 2012.
 Mahila Shakti Kendras 2017.
 Rashtriya Mahila Kosh 1993.
 DOMESTIC VIOLENCE AND WOMEN EMPOWERMENT

ABSTRACT

The paper aims at shedding light on the relationship between women’s empowerment, the
problem they face during domestic violence. Domestic Violence is the abuse of one’s physical
or mental health. It can take many forms, including physical abuse, sexual abuse, emotional,
economic, psychological abuse, (Office of Violence Against Women, 2007).

Violence against women is considered as a global problem and the trend for abusing domestically
is very much up. Violence against woman has taken the form of a global epidemic which has taken
its toll on the physical, psychological, sexual and economic life of the female. This not only
violates the human rights but it has got major implications on physical, mental, social, and
sexual health of a woman.

Worldwide little is known on how domestic violence can hamper women’s health and their
decision-making power. To protect women from violence a special act i.e., PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 was passed.

Women Empowerment is a process in which women elaborate and recreate what is that they
can be, do and accomplish in a circumstance that they previously were denied Empowering women
to participate fully in economic life across all sectors is essential to build stronger economies,
achieve internationally agreed goals for development and sustainability, and improve the quality of
life of a women.

“I am the women here. I am the life at stake. I am the one with finger nails who feels pain,
don’t DESTROY me.”

Introduction of Domestic Violence

“Domestic violence is a burden on numerous sectors of the social system and quietly yet
dramatically affects the development of a nation. Batterers cost nations fortunes in terms of law
enforcement, health care, lost labor, and general progress and development these costs do not only
affect the present generation; what begins as an assault by one person on another, reverberates
through the family and the community into the future”
Introduction and History: -

Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence,
intimate partner violence, is defined as a pattern of abusive behaviors by one partner against
another in an intimate relationship such as marriage, dating, family, or cohabitation. Domestic
violence so defined, has including physical aggression or assault (hitting, kicking, biting, shoving,
restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse;
controlling or domineering, intimidation; stalking; passive/covert abuse (e.g; neglect); and
economic deprivation. Alcohol consumption and mental illness can be co-morbid with abuse
and present additional challenges in eliminating domestic violence. Awareness, perception,
definition of domestic violence differs widely from country to country, and have evolved from
era to era. Domestic violence can also mean endangerment, criminal coercion, kidnapping,
unlawfully imprisonment, trespassing, harassment, and stalking.

Types of domestic abuse: -

All forms of domestic abuse have one purpose: To gain and maintain control over the victim.
Abusers use many tactics to exert power over their spouse or partner as dominance,
humiliation, isolation, threats, intimidation, denial and blame.

1-Physical abuse: -

Physical abuse is abuse involving contact intended to cause feelings of intimidation , pain, injury,
or other physical suffering or bodily harm. It includes hitting ,slapping ,punching, choking,
pushing, burning and other types of contact that result in physical injury to the victim. Physical
abuse can also include behaviors such as denying the victim of medical care when needed,
depriving the victim of sleep or other functions necessary to live, or forcing the victim to
engage in drug/alcohol use against his/her will. If a person is suffering from any physical harm
then they are experiencing physical abuse. This pain can be experienced on any level. It can
also include inflicting physical injury into other targets, such as children or pets, in order to
cause psychological harm to the victim

2. Sexual abuse and Marital Rape:

Sexual abuse is any situation in which force or threat is used to obtain participation in
unwanted sexual activity. Coercing a person to engage in sexual activity against their will, even if
that person is a spouse or intimate partner with whom consensual sex has occurred, is an act of
aggression and violence.
3. Emotional Abuse

Emotional abuse (also called psychological abuse or mental abuse) can include humiliating the
victim can and cannot do, with holding information from the victim , deliberately doing
something to make the victim feel diminished or embarrassed, isolating the victim from friends
and family, implicitly blackmailing the victim by harming others when the victim expresses
independence or happiness, or denying victim access to money or other basic resources and
necessities. Degradation in any form can be considered psychological abuse. Emotional abuse
includes conflicting actions or statements which are designed to confuse and create insecurity in the
victim. Emotional abuse can include verbal abuse is defined as any behavior that threatens,
intimidates, undermines the victims self-worth or self-esteem, or controls victims freedom.
Verbal abuse is form of emotionally abusive behavior involving the use of language.

4. Economic abuse: -

It may involve preventing a spouse from resources acquisition limiting the amount of resources
to use acquisition, limiting the amount of resources to use by the victim, or by exploiting
economic resources of the victim. The motive behind preventing a spouse from acquiring
resources is to diminish victims capacity to support him/himself, thus forcing him/her to
depend on the perpetrator financially, which includes preventing the victim from obtaining
education, finding employment education ,finding employment ,maintain or advancing their
careers, and acquiring assests.

Effects-

1. Physical:

Bruises, broken bones, head injuries, lacerations, and internal bleeding are some of the acute effects
of a domestic violence incident that require medical attention and hospitalization. some chronic
health conditions that have been linked to victims of domestic violence are arthritis, irritable bowel
syndrome, chronic pain, pelvic pain, ulcers, and migraines.

2. Psychological:

among victims who are still living with perpetrators high amounts of stress, fear, and anxiety
are commonly reported. Depression is also common, as victims are made to feel guilty for
‘provoking’ the abuse and are frequently subjected to intense criticism .It is reported that 60% of
victims meet the diagnostic criteria for depression, either during or after termination of the
relationship, and have a greatly increased risk of suicidal tendencies.

In addition to depression either during or after termination of the relationship ,and have a
greatly increased risk of suicidal tendencies. In addition to depression, victims of domestic
violence also commonly experience long-term anxiety and panic, and are likely to meet the
diagnostic criteria for Generalized Anxiety Disorder and Panic, disorders. These symptoms are
general experienced for a long span of time after the victim has left in dangerous situation.

3. Financial:

once victims leave their perpetrator, they can be stunned with the reality of the extent to which the
abuse has taken away their autonomy .Due to economic abuse and isolation, the victim usually
has very little money of their own and few people on whom they can rely when seeking help.
This has been shown to be one of the greatest obstacles facing victims of domestic violence,
and the strongest factor that can discourage them from leaving their Perpetual.

Causes:

There are many different theories as to the causes of domestic violence. These include
psychological theories that consider personality trades and mental characteristics of the
perpetrator, as well as social theories which consider external factors in the perpetrator’s
environment, such as family structure, stress social learning. As with many phenomena
regarding human experience, no single approach appears to cover all cases.

While there are many theories regarding what causes one individual to act violently towards an
intimate partner or family member, there is also growing concern around apparent
intergenerational cycles of domestic violence.

1. Psychological ;

This theory focus on personality, traits and mental characteristics of the offender. Personality traits
include sudden burst of anger, poor impulse control, and poor self esteem. Various theories
suggest that psychopathology and other personality disorders are factors, and that abuse
experienced as a child leads some people to be more violent as adults. correlation has been
found between juvenile delinquency and domestic violence and adulthood. Studies have found
high incidence of psychopathy among abusers. Some research suggests that about 80% of men
in these domestic violence studies exhibited diagnosable psycopathology and typical personality
disorders.

2. Behavioral;

This theory draws on the work of behavior analysts. Applied behavioral analysis uses the basic
principles of learning theory to change behavior, this program leads to behavior therapy. Often by
identifying the antecedents and consequences of violent action, the abusers can be taught self
control .

3. Social Stress:

stress may be increased when a person is living in a family situation with increased pressure. Social
stress, inadequate finances or other such problems in a family may further increase tension.
Violence is not always caused by stress, but may be one way that some people respond to
stress. Families and couple in poverty may be more likely to experience domestic violence due
to increased stress and conflicts about finances and other aspects.

4. Mental Illness:

Many psychiatric disorders are risk factors for domestic violence, including several personality
disorders paranoid passive aggressive bipolar disorder drug abuse alcoholism and poor impulse
control are also risk factors. It is estimated that at least one third of all abusers have some type
of mental illness.

Domestic violence affects 30% of women worldwide and more that 50% of women living in
conflict or post conflict communities. The prevention of domestic violence is important, not only
because it is violation of women’s right and freedoms, but also because dv negatively affects
economic growth and perpetuates structural poverty. An important mechanism driving this
effect is the interaction between dv and low cooperation between spouses resulting in less that
optimal health, education and economic outcomes. This dynamic is exacerbated in conflict-
affected zones, where household cooperation is essential for post conflict recovery. The scope
and breath of recent studies ; collectively the studies provide information on the dv experienced by
young and middle aged women in traditional heterosexual marriages for both urban and rural
environments , joint and nuclear families across Indian states among the studies specifying age
limits ,the vast majority (88% or 92/104) evaluated dv experienced by women age of 15 to 50 ,
with only 11% (11/104) of studies surveying dv suffered by women above age of 50 and 1%
(1/104) evaluating dv experience by young adolescence (wed before age 15) only one studies
assessed dv experienced by women in HIV discordant. DV experienced by women in joint
versus nuclear families. 37% (51/137) evaluated domestic abuse suffered by women living in
urban cities, 18% (24/1370 in rural, and the remainder 44% or 60/137 in both rural and urban
environments. Only one examined DV experienced by women residing in tribes. Southern
Indian states whereby far the most surveyed in the literature and northern Indian state which
leads studies. Collectively, the reviewed studies demonstrate that DV occurs among Indian
women with high frequencies but there is substantial variation in the reported prevalence
estimates all form of DV.

Law enforcement:

In 1983, Domestic Violence was recognized as a specific criminal offence by the introduction
of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or
his family towards married women.

Four types of cruelty are dealt with by this law:

• Conduct that is likely to drive a woman to suicide,

• Conduct which is likely to cause grave injury to the life, limb or health of the woman,

• Harassment with the purpose of forcing the woman or her relatives to give some property,

• Harassment because the woman or her relatives is unable to yield to demands for more
money or does not give some property.

The punishment is imprisonment for up to three years and a fine. The complaint against cruelty
need not be lodged by the person herself. Any relative may also make the complaint on her behalf.
The above section relates to the criminal provisions of a more stringent offence. The civil law does
not however address this phenomenon in its entirety. There was a need of provision in law with
more pliable remedies to offer within the broader framework of civil and criminal laws. A law was
enacted keeping in view the rights guaranteed under the article 14, 15 & 21 of the constitution
to provide for a remedy under civil law which is intended to protect the woman from being
victims of domestic violence and to prevent the occurrence of domestic violence in the society.

Scope of the Act

The scope of this piece of legislation has been expounded in plethora of judgement by the High
Courts and the Hon’ble Supreme Court in India. .For instance, in a recent judgment the
High Court of Gujarat in the case of Bhartiben Bipinbhai Tamboli v. State of Gujarat and
others. while extensively discussing the provisions under the Domestic Violence Act remarked
that: The domestic violence in this Country is rampant and several women encounter
violence in some
form or the other or almost everyday. However, it is the least reported form of cruel
behavior. This non- retaliation by women coupled with the absence of laws addressing
women’s issues, ignorance of the existing laws enacted for women and societal attitude makes
the women vulnerable. The reason why most cases of domestic violence are never reported is due to
the social stigma of the society and the attitude of the women themselves, where women are
expected to be subservient, not just to their male counterparts but also to the male relatives.

Till the year 2005, the remedies available to a victim of domestic violence were limited. The
women either had to go to the civil court for a decree of divorce or initiate prosecution in the
criminal court for the offence punishable under Section 498A of IPC. In both the proceedings,
no emergency relief is available to the victim. Also, the relationships outside the marriage
were not recognized.

Introduction of women empowerment: -

In the last five decades, the concept of women empowerment has undergone a sea change from
welfare-oriented approach to equity approach. It has been understood as the process by which
the powerless gain greater control over the circumstances of their lives. Empowerment
particularly includes control over resources and ideology. According to Sen and Batliwala
(2000) it leads to a growing intrinsic capability- greater self confidence, and an inner
transformation of one’s consciousness that enables one to overcome external barrier. This view
mainly emphasizes on two important aspects. Firstly, it is a power to achieve desired goals but
not a power over others. Secondly, idea of empowerment is more applicable to those who are
powerless- whether they are male or female, or group of individuals, class or caste. Though
concept of empowerment is not specific to women, yet it is unique in that and it cuts across all
types of class and caste and also within families and households
Women empowerment is also defined as a change in the context of a women’s life, which
enables her increased capacity for leading a fulfilling human life. It gets reflected both in external
qualities (viz. health, mobility, education and awareness, status in the family, participation in
decision making, and also at the level of material security) and internal qualities [Human
Development in South Asia (2000) as quoted by Mathew(2003)].UNDP (1990) for the first
time introduced the concept of Human Development Index (HDI) that evolved initially as a broader
measure of socio- economic progress of a nation but it became popular as a measure of average
achievements in human development for both the sexes. Contrary to the general belief that
development is gender neutral, statistics show that women lag behind men all over the world
including India in almost all aspects of life. It is for this reason that the focus on human
development has been to highlight the gender dimension and continuing inequalities
confronting women since 1995 (UNDP 1995). The Report noted that without empowering
women overall development of human beings is not possible. It further stressed that if
development is not engendered, is endangered. To bring out the facts and figures relating to
deprivation of women two indices, namely, Gender related Development Index (GDI) and
Gender Empowerment Measure (GEM) were introduced. While GDI measures the
achievements in the same dimensions and variables as the HDI, it also takes into account
inequality in achievement between women and men (Anand and Sen, 1995). A number of
studies have been undertaken on women empowerment at the global level and in India. Some
studies dealt on methodological issues, some on empirical analysis and some others on the
measures and tools of empowerment. We have presented in this section first some of the
important studies which were undertaken at the international level followed by other studies
conducted in India. Moser (1993) focused on the interrelationship between gender and
development, the formulation of gender policy and the implementation of gender replanning
and practices. The work of Shields (1995) provided an exploratory framework to understand
and develop the concept of empowerment both from a theoretical and practical perspective
with a particular focus on women’s perception of the meaning of empowerment in their lives.
The work

of Chattopadhyay and Duflo (2001) is an important contribution on women empowerment in

the context of India. The authors used a policy of political reservation for women in India to study
the impact of women’s leadership on policy decision. They found that women were more likely
to participate in policy making process if the leader of the village community was happened to
be women. Mahanta (2002) sought to explain the question of women’s access to or deprivation
of basic human rights as the right to health, education and work, legal rights, rights of working
women’s, besides issues like domestic violence, all the while keeping the peculiars Socio- cultural
situation of the North East in mind. A workshop organized in 2003 by the Institute of Social
Sciences and South Asia Partnership, Canada addressed the issues like “Proxy Women” who after
being elected to Panchayat bodies were mere lypuppets in the hands of their husbands, relatives
and other male Panchayat members; and emphasized on training program for their capacity
building. Assam Human Development Report (Govt. of Assam, 2003) threw some light on
inequality in the achievement between men and women of Assam in different spheres of life.
The report viewed that poverty, violence and lack of political participation were the main
issues concern for South Asian Women, and Assam was no exception. The study of Kishor and
Gupta (2004) revealed that average women in India were disempowered relative to men, and
there had been little change in her empowerment over time. Blumberg (2005) viewed that
economic empowerment of women was the key to gender equality and wellbeing of a nation. This
would not only enhance women’s capacity of decision making but also lead to reduction in
corruption, armed conflict and violence against females in the long run. Panda and Agarwal
(2005) focused on the factor like women’s property status in the context of her risk of marital
violence and opined that if development means expansion of human capabilities, then freedom
from domestic violence should be an integral part of any exercise for evaluating developmental
progress. Desai and Thakkar (2007) in their work discussed women’s political participation, legal
rights and education as tools for their empowerment. Figueres (2008) in her work studied the
effect of female political representation in State legislature on public goods, policy and
expenditure in the context of India and opined that politician’s gender and social position
matters for policy.
Shariff (2009) suggested a specific measure for gender empowerment for India keeping in view
culture specific conditions prevalent in the country. The dimensions and factors used in his
paper are very different from those identified. He identified six dimensions for which
dependable data are available from sample surveys and government records. The dimensions
are literacy, work participation rate, decision making power, ownership of resources,
reproduction and care and political participation. Using these dimensions he constructed GEI
for major Indian states and found overall GEI to be 0.424 at the all India level and varying
from the lowest value of 0.238 in Uttar Pradesh to the highest value of 0.646 in Kerala. Mishra
and Nayak (2010) in their work emphasized how education plays a central role in human
development; as a matter of fact the other two components–health and income - are dependent
on educational development. Education permits a person to inherit the wealth of knowledge
amassed over generations. Education increases the chances of fitness and employability.
Additionally, education leads to fulfillment. Skill formation, which has quite limited scope to
inculcate among the illiterate, is a necessary condition to foster growth. Therefore, literacy and
some extent of educational proficiency are of fundamental importance for skill formation. In
particular, literacy among the females is of great importance, not only for participation in
productive and civic activities, but also for rearing children for a better future.

Thus, from the above review of literature it is evident that quite a number of studies have
already been undertaken on women empowerment and related issues. The present study in this
respect analyzes the status of women empowerment in India by taking into consideration
various dimensions
The Case of India
As far as India is concerned, the principle of gender equality is enshrined in the Constitution
and finds a place in the Preamble, Fundamental Rights, Fundamental Duties and Directive
Principles. The Constitution not only grants equality to women but also empowers the States to
adopt measures of positive discrimination in favour of women. Historically the status of Indian
women has been influenced by their past. There is evidence to show that women in the Vedic
age got most honored positions in the society. They had the right to education and were free to
remain unmarried and devote their whole life to the pursuit of knowledge and self realization.
They were highly respected within and outside home. Gradually due to several socio-political
changes, especially during the middle age, the glorious status of women declined. The urge for
equality on the part of Indian women started getting momentum during the colonial times.
Noted social reformers and national leaders like Raja Ram Mohan Roy, Annie Besant, Sarojini
Naidu and Ishwar Chandra Vidyasagar made selfless efforts to create awareness among women
about their status and were quite successful in removing various social evils such assati pratha,
child marriage, and polygamy. They also encouraged widow remarriage and women education.
The reformers were successful in creating a base for development of women and theirs strive
for equality. In course of time Indian society got transformed from traditional to a modern one.
Consequently, women became more liberal and aware of various ways of life. Since they are
quite capable of breaking the traditional barriers imposed by the society are now challenging the
patriarchal system though in a limited scale. Since independence, the Government of India has
been making various efforts to empower women. In various plan periods, the issues regarding
women empowerment has been given priority. From fifth five-year plan onwards there has
been a remarkable shift from welfare-oriented approach of women empowerment to Parliament
in 1990 to safeguard the rights of women. The 73rd and 74th Amendments to the Constitution
of India provided opportunity to women to take part in active politics. The year 2001 was
declared as the year of women’s empowerment for enhancing their status. To achieve the goal,
the government introduced different programs, identified strategies, established different
institutions and made various legal provisions. In spite of all these efforts and actions, women
in India still lag behind the men. According to 2001 Census, female literacy rate in the country
was54.2 per cent as against 75.9 per cent in case of males Although literacy rates for both the
sexes were witnessing increasing trend over the years from 1951 to 2001 the gap between them
were also simultaneously increasing till 1981 and since then it has started declining but the
progress has not been as much as was expected. The situation has been much worse in the rural
and remote areas of the country. In spite of women going for higher education they are facing
exclusion from their male counterparts and are alienated in various positions in governance. The
incidence like early marriage, female feticides and infanticide, dowry, bride burning, rape,
molestation, kidnapping etc. are very frequent. The record of crime against women indicates an
increasing trend (Sharma and Gupta, 2004: 122). The position of women in the country in the
social, economic and political fields is by no means equal to that of their male counterparts.
Besides low female literacy, there are many other factors that have contributed to gender
biasness. Girl child is still given less priority in certain parts of India. Past studies indicate that
it is the people’s perception in general that the birth of a girl child is less desirable and evokes
less happiness than that of a boy child (Seth, 2001). It is ingrained in the Indian psyche, cutting
across religion, caste and region. Since her birth she is victimized in all spheres including
education, employment, nutrition and social status. The World Economic

Forum (2005), in its first gender gap study placed India at 53rd position among 58 nations,
which shows a significant gap in male and female achievements. UNDPUNDP in its various
Human Development Reports since 1990 have placed India at a very low level of development
regarding the position of women in terms of various indicators such as adult literacy, gross
enrolment, share of seats in parliament and the professional and technical positions held by
them .The rank of India has also gone down from 99 in 1995 to 113 in 2007-08 and has been
fluctuating from year to year. The National Commission for women was set up by an Act of
National Human Development Report (G.O.I, 2002) brought out information on indices on
GDI and GEM. GDI showed marginal improvement during the eighties. GEI increased from 62
per cent in the early eighties to
67.6 per cent in the early nineties. This implies that on an average the attainments of women on
human development indicators were only two-thirds of those of men. At the State level, gender
equality was the highest for Kerala followed by Manipur, Meghalaya, Himachal Pradesh and
Nagaland in the eighties. Goa and the Union Territories, States that did well in improving their
female literacy levels are also the ones that substantially improved their gender equality. On
the whole, gender disparities across the States declined over the period.

Decision Making Power

Decision making power of women in households is one of the important indicators of women
empowerment. It is found that only 37 per cent of currently married women participate in
making decisions either alone or jointly with their husband on their health care, large household
purchases, purchases for daily household needs and on visiting their family members and
relatives (Table 1). Forty three percent participate in some but not all decisions and 21 per cent
do not participate in any of the decision. As high as in 32.4 per cent cases the decision
regarding the purchase of daily household needs is taken mainly by the respondents whereas the
decisions like visit to her relatives are in most cases taken alone by husbands or jointly. Decision
like major household purchases is taken jointly in most of the cases. A very smaller number of
women alone take this type of decision. About 27 per cent of total respondents take their own
health care decision alone.
Freedom of Movement

Free mobility of women is another indicator of women empowerment. The data reveals that about
half of women are allowed to go to the market or to the health facility alone. Only 38 per cent
are allowed to travel alone to places outside the village or community. While not all women are
allowed to go to these places alone, only a minority are not allowed to go at all. Compared to
urban women, rural women have less mobility.

Access to Education

Women’s access to education which is one of the important sources of empowerment can be
measured by gender gap in literacy rates and enrolment indifferent stages of school education. The
literacy gap between men and women was as high as 21.7 per cent in 2001. Though the gap was
fluctuating from 18.3 percent in 1951 to 23.9 per cent in 1971, it has been showing a marginal
declining trend since 1981. Enrolment by stages from 1951 to 2001-02. It is clear that participation of
girls at all stages of education has been steadily increasing over time. However, the overall
performance of participation has not been satisfactory as it had been below 50 per cent at all
stages of education.

Access to Employment:

The employment and cash earnings of currently married men and women. National Family Health
Survey data published by Govt. of India reveal that only 43 per cent of married women in the
age group of 15-49 years are employed as against 99 per cent of married men in the same age group.
It also reveals that gender inequality exist in the arena of employment. As compared to 51 per
cent married women employed for cash only, the corresponding figure for that of the males is
as high as 72.5 per cent. 24%women are not paid at all for their work whereas this proportion is
as low as 5%for men. For women earning cash is not likely to be a sufficient condition for
financial empowerment. Employment and cash earnings are more likely to empower women if
women make decisions about their own earnings alone or jointly with their husband rather than
their husband alone and if these earnings are perceived by both wives and husbands.

In this connection shows the extent of women’s control over earnings on the basis of
background characteristics like age, education, place of residence, household structure, etc. It is
seen that women’s control over cash earnings increases with age. In the age group 15 -19 years only
17.7 per cent women alone take decision about the use of their cash earnings as compared to
28.3 per cent in the age group 40-49 years. Place of residence also affects women’s control
over their cash earnings.
Generally, women in urban areas have more control over their earnings than that in rural areas.
About thirty-three per cent take decision alone about the use of their own earnings in urban
areas as compared to 21 per cent in rural areas.

Domestic Violence conclusion

Percentage of women who have experienced different forms and combinations of physical and
sexual violence according to selected background characteristics. It is observed that extent of
violence is not lessened by age. In the age group of 15-19 years, 22.5 per cent women
experienced physical or sexual violence in India as compared to 39 per cent in the age group 40-49
years. Both types of violence are higher for ever married women than for never married
women. Almost 40 % ever married women experienced physical or sexual violence as against 16.9
%never married women. Extent of domestic violence is higher in rural areas as compared to
urban areas. About thirty-eight per cent women in rural area faced either physical or sexual
violence as compared to about 29 percent women in urban areas.

Constraints to Women Empowerment:

There are several constraints that check the process of women empowerment in India. Social
norms and family structures in developing countries like India, manifests and perpetuate the
subordinate status of women. One of such norms is the continuing preference for a son over the
birth of a girl child, which is present in almost all societies and communities. The hold of this
preference has strengthened rather than weakened and its most glaring evidence is in the falling
sex ratio (Seth, 2001). The society is more biased in favor of male child in respect of education,
nutrition and other opportunities. The root cause of this type of attitude lies in the belief that
male child inherits the clan in India with an exception in Meghalaya. Women often internalize
the traditional concept of their role as natural, thus inflicting an injustice upon them. Poverty
is the reality of life for the vast majority of women in India. It is another factor that poses
challenge in realizing women’s empowerment. In a poor family, girls are the main victims;
they are malnourished and are denied the opportunity of better education and other facilities.
But if they are financially independent or they have greater control over the resources then they
exhibit greater autonomy both in the household and in public sphere and are no longer victims
of poverty. Lack of awareness about legal and constitutional provisions and failure in realizing
it, is another factor that hinders the process of empowerment. Most of the women are not aware
of their legal rights. Even women who are aware lack the courage to take the legal step. The
legislation which affects women most is their situation in marriage and inheritance. As far as
the rights of inheritance are concerned, women generally do not try to inherit land left by their
parents if brothers are alive (Seth, 2001). The traditional belief that land should not go outside
the patriarchal family operates. The provision of Act like (1) Child Marriage Resistance Act, 1930,
(2) The Suppression of Immoral Trafficking of Women Act, 1987 and (3) The Indecent
Exposure of Women Act, have not led to the suppression of practice indicated in them .Of these
three, the first one is by and large successful in restraining child marriage. The legislation almost
failed in case of immoral trafficking and indecent exposure to women. There are numerous
incidences of indecent exposure of women in all forms of media with hardly any prosecution.
Although the legal rights are in place to create an enabling atmosphere these have not been
very successful in realizing women’s empowerment.

Summary and Findings

Various indicators of women empowerment are analyzed using the data from various sources
while discussing women’s present status in India. The main emphasis is given to the indicators like
women’s household decision making power, financial autonomy, freedom of movement, women’s
acceptance of unequal gender roles, exposure to media, access to education, women’s
experience of domestic violence etc. Women’s political participation is also analyzed by using
indicators like percentage of women voters and women MPs. After analyzing the data, it is
found that household decision making power and freedom of movement of women vary
considerably with age, education and employment. Freedom of movement of widow or
divorcee is more than ever married or never married women. Similarly, it is found that in the
society the acceptance of unequal gender norms by women themselves are still prevailing.
More than half of the women believe that wife beating is justified for any of the specific
reasons like not cooking properly, not taking proper care of household and children, refuge to
have sex with husband, showing disrespect to in-laws etc. However, this attitude is not varying
much with age or household structure but decline sharply with duration and places of residence.
While studying women’s access to education and employment it is found that gender gap exists
in both the situations. A large gender gap in literacy exists and participation of girls at all
stages of education is below 50%. Similarly, less than 50% of women are employed and a
significant portion of them are not paid for their work. However, having access to employment
does not mean that women have full control over their earnings. Fewer women have final say
on how to spend their earnings. Control over cash earnings increases with age and with place of
residence in urban areas and education, but not vary significantly with household structure.
Women’s exposure to media is also less relative to men. Women’s experience of domestic
violence shows that violence is not lessened by age. Rural women are more prone to domestic
violence than urban women. Regarding women’s political participation it is found that large
gender gap exists in voting and less than ten percent of total member in Lok Sabha are
Women. This is because most of the women lack desired level of financial autonomy, literacy,
strong personality, own decision making capacity, family support etc. Thus, we see that these
mutually interdependent factors reinforce each other and put women in a disadvantageous
position relative to men. Various constraints in achieving the desired level of empowerment are
also identified. Important among them are poverty, social norms and family structure, lack of
awareness about legal and constitutional provision etc. Generally speaking, the women of India
are relatively disempowered and they enjoy somewhat lower status than that of men. In spite of
so many efforts undertaken by government and NGOs the picture at present is not satisfactory.
Mere access to education and employment can only help in the process of empowerment. These
are the tools or the enabling factors through which the process gets speeded up. However,
achievement towards this goal depends more on attitude. Unless the attitude towards he
acceptance of unequal gender role by the society and even the women themselves changed
women can not grab the opportunity provided to them through constitutional provision, law
etc. Till then we can not say that women are empowered in India in its real sense
 Landmark Judgment

Arnesh Kumar v. the State of Bihar & Anr, 2014.

Facts of the case

In this case, Arnesh Kumar (Appellant) and Sweta Kiran (Respondent) were married on July 1, 2007.
Sweta Kiran claimed in Court that her mother-in-law and father-in-law sought Rs. 8 lakhs, a Maruti
car, an air conditioner, a television set, and other items, and that when this was brought to Arnesh
Kumar’s attention, he backed his mother and threatened to marry another woman. She further claimed
that she was evicted from her matrimonial house since the dowry demand was not met. Arnesh Kumar
refuted the charges and filed an anticipatory bail plea, which was initially dismissed by the learned
Sessions Judge and then by the High Court. As a result, Arnesh Kumar has filed a Special Leave
Petition with the Supreme Court.

Issues involved in the case

1. Is it required for a police officer to arrest someone in response to a complaint if that person is
suspected of committing a cognizable offence?

2. What remedies are available to a person if a woman uses section 498A of the IPC to her advantage?

3. Should the Appellant be granted anticipatory bail?

Judgement given by the Court

The Hon’ble Supreme Court granted the Appellant interim release under specific restrictions. The
Apex Court said that “Section 498A is a cognizable and non-bailable offence and has lent it a dubious
place of pride amongst the provisions that are used as weapons rather than shield by disgruntled
wives. The simplest way to harass is to get the husband and his relatives arrested under this
provision.” According to the “Crime in India 2012 Statistics,” 1,97,762 people were arrested in India
in 2012 for violating Section 498A of the IPC. The charge-sheeting rate in instances under Section
498 A of the IPC is as high as 93.6%, but the conviction rate is barely 15%. This data clearly
demonstrates how this part has been abused. The most straightforward approach to harassment is to
have the spouse and his family imprisoned under this clause.” To discourage unwarranted arrests of
accused, the Apex Court issued some required directives for Police to follow before detaining a
person.

3 . Bibi Parwana Khatoon v. State of Bihar, (2017)

Facts of the case

In this case, a woman was killed by setting her on fire by her husband and her family, according to the
circumstances of this case. A case was filed against the husband and his family in which the district
court and the High Court ruled against them. After which, the victim’s sister-in-law and brother-in-
law appealed the conviction to the Supreme Court.

Issue involved in the case

Whether the Appellants had a common intention as the offender?

Judgement given by the Court

After hearing the case and reviewing the evidence, the bench concluded that both the lower courts
erred in law in determining that the charge under Section 304B read with Section 34 of the Indian
Penal Code, 1860 held against the current Appellants.

Based on the information presented, it cannot be proven beyond a reasonable doubt that the current
Appellants, the deceased’s sister-in-law and brother-in-law, abused the victim in exchange for any
such dowry demand.

Neither can it be proven, based on circumstantial evidence, that the Appellants had any common
intention with the deceased’s spouse in the commission of the crime.

Furthermore, it is abundantly obvious from the documented evidence that they formerly resided in a
separate village.

4..Kamlesh Devi v. Jaipal and Ors., (2019)

Facts of the case

In this case, the petitioner Kamlesh Devi stated that she and the Respondents are family members of
the same family and they’ve been residing in the same premises for a long time. The petitioner’s
husband is a former BSF officer, and she has three kids, Urmila, Anusaya, and Gaytri. Anusaya and
Gaytri are the petitioner’s unmarried daughters who attend Krishna Nagar College for their education.
Furthermore, Respondents have formed a gang and are quarrelsome individuals, and whenever the
Petitioner’s daughters, Anusaya and Gaytri, went to their college, Respondents Jaipal, Krishan
Kumar, and Sandeep followed them and taunted them, as well as engaged them in obscene behaviour.

Sube Singh, the petitioner’s husband, also filed a complaint with the Sarpanch of Village Gaud
against the Respondents, after which the Respondents apologised in writing on 5.8.2008 in the
presence of respected members of the village. They then returned to normalcy for a short period of
time before resuming their obscene behaviour. As a result, having exhausted all other options for
protection from domestic abuse, the complaint was filed.

After examining the provisions of the Act, the Trial Court determined that none of the witnesses on
record demonstrated any fact to the effect that the Respondents and the petitioner were living in a
shared home and that the Respondents had committed domestic violence against them.

The trial court also ruled that no violence of any sort was claimed within the joint household’s
grounds. The case was dismissed by the Ld. Magistrate. An appeal filed with the Hon’ble High Court
was likewise rejected.

Issue involved in the case

Whether the Respondents are liable for domestic violence?

Judgement given by the court

The Supreme court said that the High Court correctly concluded that the elements of domestic
violence were completely missing in this case. The petitioner and Respondents are not residing in the
same residence together. The responders are allegedly family members, according to a vague
accusation. There isn’t even a murmur between the Respondents and the petitioner. They seem to be
neighbours. Hence, the special leave petition was denied

5. Ajay Kumar v. Lata @ Sharuti, (2019)

Facts of the case

In this case, the Appellant Lata is the Respondent’s brother-in-law, i.e. his brother’s widow, and they
used to live together in a Hindu Joint Family Property. According to the lawsuit filed in the Supreme
Court, there seem to be no rules in the Act that requires the Appellant to pay maintenance to the
Brother’s wife. Only if they were in a business partnership would he be obligated to pay the
maintenance.

Section 12(1) of the DV Act states that a person may approach a magistrate for relief or financial
relief to compensate for loss sustained by her or her child as a result of domestic violence, however,
this does not include the order of maintenance under Section 125 of the Code of Criminal Procedure
or any other law. The lady said that after her husband died, she was not permitted to dwell in her
matrimonial house and was driven out with her kid, and she now has no means of support for herself
and her child.

Issue involved in the case

 Whether brother-in-law comes under the definition of “Respondent” under Section 2(q) of
the DV Act?

Judgement given by the Court

In this case, the Supreme Court ruled that under the Domestic Violence Act, 2005, maintenance to a
widow can also be provided by a brother-in-law. The Supreme Court rejected the Appellant’s
allegation that Section 2(q) of the Protection Women from DV Act defines “Respondent” as any adult
male individual who is or has been in a domestic relationship with a partner against whom the remedy
is sought. The Supreme Court drafted a domestic connection between the woman and her brother-in-
law, stating that the brother-in-law and the woman are a joint family.
 Conclusion

Thus as per as the constitution of India is concerned women rights include equality, dignity, and
freedom from discrimination. Gender equality is enshrined in the Indian constitution in its preamble,
fundamental rights, fundamental duties and directive principles. It is by the constitution of India that
we have great women’s who made their history and are remember to every time. Women are known
to be the symbol of spirituality, strength, love, sacrifice and courage. The role of women in today’s
world is changing significantly that is why empowerment of women is must in today’s world.
Women plays great role in motivation like mother of Albert Einstein, Jhansi ki Rani, Razia sultan,
Nurjahan, Kalpana chawla, Fatima sheik they motivate us over day to day life. They teach us women
can face every difficulty, every challenge if they have a courage. They create a positive energy in our
society, they give us lots of way to success, thus because of that people use to read their biography.
Empowerment of women for overall development of nation, for national and international
development women empowerment is just like a coin with two faces one face is Man and other face
is woman. Today we have noticed that for empowerment India is doing more but as compared to
world it very less.so for women empowerment the cooperation of citizens is very key element to
work together with government improving empowerment of women in the country,

The Domestic Violence Act, 2005 and the provisions of the Indian Penal Code, 1860 are a highly
promising piece of legislation that combines civil and criminal punishments to give effective remedies
to women who become victims of domestic violence. The statute includes provisions for protection
officers, medical facilities, and free of charge orders, among other things, to assist aggrieved women
in defending themselves and their loved ones. However, the Act does not come without flaws.
Clearly, the Act’s implementation has to be strengthened. According to Human Rights Watch, police
frequently do not submit a First Information Report (FIR), which is the first step in commencing a
police investigation, especially if the aggrieved individual is from a low-income or socially
disadvantaged part. It is also true that the DV Act has failed to address the issues that women and men
confront when it comes to domestic violence, and the law is frequently misapplied when it is
employed. Society needs more gender-neutral laws that treat men and women equally in situations of
domestic violence, rather than instilling dread in the hearts of innocent people, as most men do and
giving the other gender an extortion weapon. On the surface, the DV Act appears to be gender
prejudiced. The DV Act should be changed with more gender-neutral clauses to prevent its misuse
and to promote gender equality and fair justice.

Suggestions
1. need to boost her self- esteem
2. need to shut down the negativity
3. need to giving proper education
4. need to support women-run business.
Reference

5. https://blog.ipleaders.in/top-10-domestic-violence-cases/