role of law in women empowerment

DISSERTATION ROLE OF LAW IN ECONOMIC EMPOWERMENT OF WOMEN SUBMITTED TO – KURUKSHETRA UNIVERSITY, KURUKSHETRA For award of the degree of LLM (Faculty of Law) MADE BY – Tamanna Kohli LLM (Part-II) Ref No – 14246 Under the guidance of Dr Raj Pal Sharma, (LLM, PhD) Chairperson, Deptt of law SUBMITTED ON – MARCH 2015 At Kurukshetra University, Kurukshetra DECLARATION I, the undersigned, hereby declare that what particulars my work contains is based on the discovery of new facts by me or of new relation of facts observed by others. This is my original work and has not been submitted for this university or any other university for award of degree/diploma. DATE: Tamanna Kohli CERTIFICATE This is to certify that the research work embodied in this thesis on "ROLE OF LAW ON ECONOMIC EMPOWERMENT OF WOMEN" is prepared By Tamanna Kohli under my guidance and instructions and submitted for the award of LLM degree is her original work and has not been submitted for any other degree of this or any other university on any previous occasion. Research Guide DR. Raj Pal Sharma Chairman, Department of Law Kurukshetra University,Kurukshetra Acknowledgement I am really delighted to express my words to them who have given a grate support in preparing this dissertation. The formal action would hardly suffice for my deep sense of indebtedness and gratitude to my guide Dr. Raj Pal Sharma, Chairperson, Department of Law,Kurukshetra University,Kurukshetra,for bestowing me the opportunity, his considerate support in completion of this study and for his prudent supervision during the tenure of my research work. In fact his Critical Comments and inspection cause the instrument in shaping the whole work in to a viable achievement. I am also acknowledge thanks to Dr. Aarti Puri ,Head Of Department of Laws,PURC,Ludhiana,Dr Shiv Dogra (AssociateProfessor,PURC,Ludhiana) for giving timely help to me and my office colleagues for their help in digging out data and information required for the thesis. I am grateful to Respected Dr.Subhash Batta (CMO,Ludhiana),Mr Pardeep Aggarwal(Commissioner, Ludhiana Municipal Corporation) for providing me help in survey for the data collection from the women of all the vocation, valuable suggestions and encouragement. I am also grateful to the Principals of various schools and colleges of Ludhiana for helping me provide valuable statistics about their women employees. I also thank my sister Khushi Kohli in helping me with the field survey and encouraging me to take up this research work. Through this dissertation I also acknowledge the love and affection rendered to me by staff members, librarian, peons of Kurukshetra University, Kurukshetra for their cooperation and support. Tamanna Kohli Preface If we want to understand the spirit of a people of any era and its excellence one has to study the history of its women and the treatment meted out to them. Gender has always shaped the legal and cultural scene of all countries. Women, though numerically equal are a minority group in terms of power and influence. The differences between man and woman may be small but them increasing effects on the status of a majority of women. Even the most significant, rich and civilized empires cannot provide equal treatment to the women. It was soon realized that no country can progress if half of its total population is behind – socially, economical and politically. If equality and freedom keep away from women, it was also offensive to human dignity, human rights and development. Against the inequalities, gender oppression, unemployment and violence, a historic beginning was made, which later opened the floodgates for feminist movements all over the world. Internationally, under the guidance of United Nations, various instruments laid down the basic minimum standards, to be adopted by member countries, to eliminate discrimination and violence against women. In India, womanly glory was at its peak in the Vedic period, after which it suffered a decline. After independence, the country protects not only the noble principles of equality, liberty and social justice but also provided for benign discrimination in favour of women in the constitution of the country. The constitutional mandate was followed by the legislative intent. It being expressed in the form of various enactments which was passed to protect the rights and upheld the dignity of women. Despite the laws, discrimination and violence continues unabated. The malaise of discrimination in personal and labour laws is reflects in number of cases filed in various court of the country. While women attempt to empower themselves economically, they are faced with the problem of sexual harassment at the work place and domestic violence. The gender sensitive approach of the judiciary, as is reflected in a number of decisions, however, is a ray of hope. A sincere attempt has been made in this study to highlight the problem faced by women, the international covenants, constitutional provisions and laws to safeguard their interests and the judgments given by various courts. In Spite of my best efforts, I would not claim perfection and distinction depth of the topics of this dissertation. Although a drop in the ocean, this work will prove useful to the graduate and post graduate students of various courses of law and sociology. First and foremost, I express my heartfelt gratitude to respected my guide and Professor Dr. Raj Pal Sharma for kind consenting and sparing his valuable time to guide me for doing this study. The appreciation and admiration received from Hon'ble sir is an important source of encouragement and stimulation. Through this dissertation I also acknowledge the love and affection rendered to me by staff members, Librarian etc. for their cooperation and support. 0 TABLE OF CONTENTS Sr No. I II III IV V VI VII VIII IX X XI XII INDEX Table of cases Table of statutes Research Methodology INTRODUCTION Historical Background International Conventions Constitutional Provisions Legal Framework National Commission For Women Policies of Central Government Role of Judiciary Women Entrepreneurship and Role of Government Impact of globalization on the rights of women workers Survey Analysis Conclusion Bibliography Annexure-A Page no. 9-10 11-13 14-15 16-19 20-29 30-53 54-64 65-93 94-99 100-126 127-147 148-154 155-163 164-172 173-178 179-180 181-197 TABLE OF CASES A Air India v. Nargesh Meerza 59,68,132,145 Apparel Exports Promotion v. Union of India 75,137,143,145,159 Amalendra Kumar v. State of Bihar 129 A.N. Rajamma v. State of Kerala 133 B Baburao Parashuram Ukharde & Ors v. Smt Laxmi Bai & Ors 139 Bandhua Mukti Morcha v. Union of India 136 Bhagwant Singh v. Commissioner of Police, Delhi 69 Brijlal v. Premchand 68 B.Shah v. P.O. Labour Court 144 C C.B. Muthumma v. Union of India 57,130 Charon Singh v. Union of India 134 C.M. Mudaliar v. Idol of Sri Swaminathaswami 139 D Daniel Latifi v. Union of India 135 G Gaurav Jain v. Union of India 61, 70,141 Gayathri Devi v. State of Orissa 132 Govindasamy by LR’S and Ors v. Director of Land Reforms 140 Government of Andhra Pradesh v. P.B. Vijay Kumar 59,128,132 J Jagannath Pillai v. Kunjithapadam Pillai 137 J.K. Clement Regis v. State of Tamil Nadu 134 K Kothuri Swami v. Setra Verrawa 138 M Madhu Kishwar v. State of Bihar 60,140,179 Maneka Gandhi v. Union of India 56 Maslamani Mudaliar & Ors v.Idol of Thirukoil & Ors 139 M.S. Sivanarul v. State of Tamil Nadu 134 O Omar Oomen v. FACT 130 P Padmaraj Samarendra v. State of Bihar 129 Pratibha Rani v. Suraj Kumar 76 P.Katama Reddy v. Revenue Division Officer 133 R Radhacharan Patnayak v. State of Orissa 133 R. Laxmipathi v. S. Ramalingam 77 R.D. Upadhaya v. State of A.P. 145 S Saleem Basha v. Mumtaz Begum 135 Sarita Samvedi v. Union of India 77 Savitha v. Union of India 136 Shantha v. B.G. Shivalingappa 135 Sheela Barse v. Secretary, Children’s Aids Society 146 Shefali Banerjee v. State 70 State of Punjab v. Baldev Singh 137 U Union of India v. K.P. Prabhakaran 134 University of Madras v. Shanthabai 129 Uttarakhand Mahila Kalyan Parishad v. State of A.P. 136 V Valsamma Paul v. Cochin University 127 Velamuri Venkata Siva Prasad v. Kothuri Venkateshwarlu 137 Vikramdeo Singh Tomar v. State of Bihar 136 Vishakha v. State of Rajasthan 60,71,74,143 Vishaljeet v. Union of India 70,142 Table of Statutes Name of the Acts The Commission of Sati (Prevention) Act, 1987 Dowry Prohibition Act, 1961 Indecent Representation of Women (Prohibition) Act, 1986 Immoral Traffic (Prevention) Act, 1956 Protection of Women from Domestic Violence Act, 2005 National Commission for Women Act, 1990 The Prohibition of Child Marriage Act, 2006 Juvenile Justice (Care and Protection of Children) Act, 2000 Bonded Labour System (Abolition) Act, 1976 Contract Labour (Regulation & Abolition) Act, 1979 Employees State Insurance Act, 1948 Equal Remuneration Act, 1976 Factories Act, 1948 Inter-state Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 Legal Practitioners (Women) Act, 1923 Maternity Benefit Act, 1961 Minimum Wages Act, 1948 Child Labour (Prohibition and Regulation) Act, 1986 Payment of Wages Act, 1936 Plantations Labour Act, 1951 Workmen’s Compensation Act, 1923 Beedi & Cigar Workers (Conditions of Employment) Act, 1966 Cine Workers &Cinema Theatre Workers (Regulation of Employment) Act,1981 Foreign Marriage Act, 1969 Guardians and Wards Act. 1890 Indian Succession Act, 1925 Married Women’s Property Act, 1874 Hindu Marriage Act, 1955 Hindu Succession Act, 1956 Indian Divorce Act, 1869 Hindu Minority & Guardianship Act, 1956 Hindu Adoption & Maintenance Act, 1956 Special Marriage Act, 1954 Muslim Personal Law (Shariat) Application Act, 1937 Relevant provisions of Indian Evidence Act Converts Marriage Dissolution Act, 1966 Christian Marriage Act, 1872 Medical Termination of Pregnancy Act, 1971 Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 Relevant provisions of Indian Penal Code, 1860 Relevant provisions of Code of Criminal Procedure Family Courts Act, 1984 Department of Mines Mines Act, 1952 Research Methodology: Women empowerment has attracted the attention of researchers as an active area of research since 1980s. It can be viewed as an ultimate end as well as a mean to achieve other development goals. The present study is an attempt to investigate how over the past centuries law has shaped the concept of women empowerment. The basic aim of the research is to analyse what role law has played over the years in developing economic empowerment in women. The objective of the concept is to take into account from historical background to international conventions, constitutional provisions, legal framework in India for women, policies of central government, role of judiciary and finally a questionnaire to analyse the legal awareness in women and if law has helped/not helped them to become economically independent. Area: Analytical Research Objective: To study in detail the position of women from pre historic to contemporary period and how has law evolved their status in society in terms of economic empowerment. Justification: Women are increasingly seen as an important part of the international development agenda. Empowering women and promoting gender equality are enshrined as global development objectives within the Millennium Development Goals (MDGs) agreed to in 2000. Despite the empowerment of women widely being viewed as a “good thing”, the question of how Law can be used as a vehicle that can contribute to making progress along the long and winding road of female empowerment, and so enable women to make more choices about their own lives, becomes very important to answer, in today’s era where we encounter thousands of debates, discussions and questions relating to women economic empowerment. I TYPE OF RESEARCH: Casual and Sample Survey II SAMPLE DESIGN: Statutory laws of India, International UN Conventions, Central Government Policies along with landmark cases IIISOURCES (Observational Design): a) Primary Data : Through informal interviews with the Faculty of law, Lawyers and Women Rights Organisations, For questionnaires –common people have been interviewed b) Secondary Data: Through the various websites, journals, articles, magazines and books related to women economic empowerment. SCOPE OF STUDY: The scope of the study is to analyse the role of Legislature and Judiciary in making the women economically empowered and what policies has the government of India come up with to support women. It has also discussed the status and position of women from pre vedic era to post vedic to contemporary period. Limitation: This dissertation has specifically dealt with the legal position in India with regard to women. The laws of International Organisations have been discussed but the laws relating to women empowerment of other countries have not been discussed. CHAPTER-I INTRODUCTION Supreme Power Lord says in the Chap-10 stanza 34 of the Srimad Bhagwt Geeta that I am in the Women as Kirtihi, Shreehi, Vak, Ch Narinam Smrutihi, Megha, Dhrutihi and Kshama. This can be put in usual form as under- “Kirtihi, Shreehi, Vak, Ch Narinam Smrutihi, Megha, Dhrutihi, Kshama” Srimad Bhagwat Geeta Chap-10 stanza 34 “The wife is half the men, the best of friends, the root of the three ends of life, And of all that will help in the other world.” -The Mahabharata The Infinite Glories of the Ultimate Truth: available at http://www.bhagavad-gita.org/Gita/verse-10-32.html (Last visited Dec 21,2014) “Difference is of the essence of humanity. Difference is an accident of birth and it should therefore never be the source of hatred or conflict. The answer to difference is to respect it. There in lies a most fundamental principle of peace: respect for diversity.” - John Hume “A women’s physical structure and the performance of Matrimonial function place her at a disadvantage in the struggle of subsistence and her physical well being becomes an object of public interest and care in order to preserve the strength and vigour of the race.” - Muller V. Oregon In India, women have been held in high esteem at all times. Manu, the ancient law-giver, spoke in the most eloquent and reverential tones: Upadhyaayan-dasacarya acarryanam satam pita; Sahasram tu pitrnmata gauraveratiricyate. “A Guru who teaches Veda is 10 times superior to an ordinary teacher and the father is 100 times more than a teacher, but the Mother is 1000 times more superior than the father”. A father excels ten Upadhayas in glory But a mother excels a thousands fathers. -Manu Samhita (Chapter II, Para 145) Olivelle, P. (2004). The Law Code of Manu. USA : Oxford University Press Since times immemorial, she is the embodiment of sacrifice and suffering. As a mother, she is almost delightful. Taking blessings and inspiration from her, whatever works a man undertake, succeeds. Thus, a man is delighted being able to get her touch, her good wishes. From her he acquires ability to work and becomes active with her power, such is the conception on India Philosophy. According to Indian tradition since the inception of society women has been treated with great honour and dignity, though occasionally we do find derogatory references to women. While analyzing the Indian History and Purans, the facts reveal that the relationship between a man and a woman has always been in a state of fluctuation and there has been a sea change in the position, rights and status of women since the dawn civilization. Wayman, A. (1970). Varnaa`srama-dharma; Ends and Obligations of Man, In: Joseph W. Elder (ed.) Lectures in Indian Civilization, Kendall/Hunt Publishing Company: Dubuque, Iowa pp. 68 ff. p.284 As way back as in 1980, the UN Report commented: "That women constitute half the world’s population, perform nearly two thirds of work hours, receives one tenth of the world’s income and own less than one hundredth percent of world’s property.’ Half of the Indian populations too are women. Women have always been discriminated and have suffered and are suffering and discrimination in silence. Self- sacrifice and self-denial add to their nobility and fortitude and yet they have been subjected to all inequalities, indignities inequality and discrimination.” This is the present picture of women workers in the era of globalization. The International Labour Organization (ILO) in the year 2000, had assessed that significant changes in world economy, such as rapid globalization, fast-paced technological progress and growing in formalizes of work have greatly altered women’s labour market status in recent years. Million of women throughout the world live in conditions of abject deprivation of, and attacks against their fundamental human rights for no other reason than that they are women. From coffee to computers, women workers provide the labour that creates the goods that appear in the world’s supermarkets and department stores. Women workers are good for trade, but are trade good for women workers? This paper is an attempt to throw light on the negative impact of new liberal policies of the globalization on the human rights of women workers in a swiftly changing socio-economic. Low level of literacy, skill and income-earning capabilities led to the subjugation of women in society since the centuries. The biological function of child-bearing and rearing, and performance of the domestic chores, came to be considered as the less intelligent and repetitive tasks meant for women, and became a thankless job. Their contribution as “home-makers’’ was wholly overlooked. It results in various malpractices against women. Female infanticide, foeticide, demand for dowry, subjecting women to physical violence both within the home and in society, are just to cite a few instances. This has resulted in a continuously declining female ratio in the population during the last few decades. Growth and balanced development of any society will be wholly illusory if equal opportunities are not made available to both women and men for their physical, moral, intellectual and cultural growth and well-being. Development will be a distant dream, without equal participation of both men and women. No process of development can be considered complete, where women continue to remain subjugated, and is deprived of equal opportunities for their growth. Maternity And Paternity At Work: International Labour Organisation available at http://www.ilo.org/wcmsp5/groups/.../publication/wcms_242617.pdf (Last visited Dec 21,2014) With independence came a Republican Constitution loudly pronouncing equality for all citizens, men and women alike. It provided a new vision adumbrated in the Preamble, the Fundamental Rights and the Directives Principles of State Policy. The various declarations at the UN and international conventions echoed the same sentiment of equality of the sexes and India adopted these with great enthusiasm. The Indian legislatures, both at the Federal and State levels, followed suit by adopting or enacting a great number of laws to provide content to these pronouncements, in matters both social and economic. Many an existing law was amended to remove any gender bias in its orientation. The non-restraint of women, social, economic and political, was a major plank of this social revolution. It was explicitly recognized that the constitutional guarantee of equality was empty unless women were released from evil social practices, provided access to means of livelihood and given due space in the decision making forum. The result was a comprehensive programme of social reform, economic development and political empowerment. Development, social or economic, as we all know too well, is not merely a matter of schemes or resources. Implementation, enforcement and involvement, of individuals and communities, are even more important. What is true of socio-economic development is equally true of legal advancement. New issues arise or old issues assume a new urgency in the emerging economic or social milieu. It may be the question of domestic violence or of sexual harassment at the workplace. Empowerment, eaglet and dignity of women are the desiderata of contemporary womanhood, long subject to undeservedly humiliating inferiority of status, discrimination in civil and political rights and subordination in developmental opportunities. Women are human and, as of right, a radical transformation in women's position is just, fair and necessary to put an end to the current invidiously arbitrary situation. The above though are crucial to be identified as the crisis points it is necessary to highlight the positive trends in the sphere of empowerment of women. Indian women have not to struggle for Constitutional and legal rights which stands given to them. Since the days of independence struggle, the achievements in the area of women's rights are many. There is no discrimination in competitive examinations, recruitment and employment. The Judicial decisions have improved women's lot here and there. Changes in the laws to prosecute and punish with stringent punishments are available. Many amongst the 100,000 odd women elected to Panchayats spread all over India are getting ready to participate duly in the Parliamentary and the Assembly elections. There is now a wide base developing where women are getting a hold in the Indian political arena. Situational analysis of Indian Women is necessary before we attempt an envisionment of the future of Women mentioned earlier. We are aware that the trend of Women's empowerment is backed by the Constitution of India. Over the decades, various laws and the National Policy, the Plans, Programmes and allied strategies for implementation of national and international periodic reviews and assessments too have further strengthened this trend in that women's welfare and development is an ongoing active concern of this nation. But can we say that this mega-trend has benefited all women? Do not, women at large, still remain unreached by the aforesaid reward? What are the various constraints that the numerous processes involved in this empowerment still fall short of what is needed; thus, calls for a re-examine. The objective of this exercise is also to look at women's empowerment as a key contributor to 'Development'. Of course, our socio-economic development has been uneven and has not touched millions of women. These women somehow survive in spite of not having awareness of their own rights. We need to evolve innovative ideas and strategies to bring them into the mainstream of national progress. Hence, we raise the question, 'Why the existing efforts are not adequate? Can we not redefine and redesign a new standard? If so, what it could be?' This is where, lies the challenge. CHAPTER-II HISTORICAL BACKGROUND 1. Confucius, the philosopher said that subordination of the woman to man was the one of the supreme principles of Government. Aristotle deemed the dominion the male over the female, in our organization of the family, to be natural and necessary. He believe that the head of the household is unmistakably man who rules it, women may be said to be an inferior man. Hamlyn, D.W. A History of Western Philosophy. available at http://www.philosophicalsociety.com/History%20Of%20Philosophy.htm (Last visited Dec 22,2014) The Hindu sage, Manu, condemned women to eternal bondage. The German philosopher Nietzsche said, when you go to meet a woman, take your whip along. Under the common law, women were treated as chattels. The Greeks, in their period of highest culture imprisoned their women within their houses and denied them all rights. The Spartans often destroyed women who could not give birth to health children. Even the most magnificent and civilized empire of Rome granted its no legal rights. In Rome, husbands had absolute control over their wives and treated them as slaves. In the end it can be said that women everywhere suffered subordination and were assigned a purely functional role. Aristotle and Rousseau branded qualities like modesty, feminist and meekness as womanly and natural for the female sex. Plato did concede them an equal status in his Republic but that is stray example. The socialist thinkers led by Karl Marx, Engel and others believed that women had been transformed from free and equal productive of the member society to subordinate waives and wards. They attributed this transformation to the growth of male-owned property with the family as an institution that appropriates and perpetuates. Even Hobbes and Locke, the advocates of equality, did not assign this equality to women. Dasgupta, Surendranath. A History of Indian Philosophy, 5 vols. 2. The women’s movement all over the world offers a wide-ranging feminist critique of society. In fact, what seems radical in the contemporary feminist analysis parallels the critique made by the feminists of the 19th century. Both the early and contemporary feminists are engaged in a fundamental re-examination of the role of women in all spheres of life and of the relationships of men and women in social, political, economical and culture institutions. Both have defied women as an oppressed grouped and have traced the origin of women’s subjugation to male-dominated social institutions and value systems. 3. The women’s movement emerged during the 1800s. It was a time of geographic expansion, industrial development, growth of social reform movements and a general intellectual ferment with a philosophical emphasis on individual freedom, the “right’s of man” and universal education. In fact, some of the earliest efforts to extend opportunities to women were made in the field of education. In fact, some of the earliest efforts to extend opportunities to women were made in the field of education. Francis Wright, one of the first women orators viewed women as an oppressed group and argued: “Until women assume the place in society which good sense and good feeling alike assign to them, human improvement must advance but feebly.” 4. It was the abolition movement of the 1830s that the women rights movement had its political origin. When women began working in earnest for the abolition of slavery, they quickly learned that they could not function as political equals with their male counterparts. Not only were they barred form memberships in some organisations but also had to wage an uphill battle for the right simply to even speak in public. The Slavery abolition movement continued to expand and in 1840 a world Anti-slavery Convention was held in London. The events at the world conference reinforced women’s growing awareness that the abolition of women’s slavery could never be won without a battle. The World Antislavery Convention of 1840 by W. E. Skidmore II, Rice University Available at http://www.historiansagainstslavery.org/main/the-world-antislavery-convention-of-1840 2.1 PHILOSOPHER’S VIEWS: 1. Plato believed in equality between men and women will not be wrong. Plato believed in man-women equality though he did not concede this out of emotional reaction or humanitarian ground. He followed sheer logic. However, this thesis of his did not remain the same throughout. In “law”, the institution of private wives is allowed. Plato seems to have ascribed a different nature to women, which makes them suitable for household work. One of the views about this different role for women is that in such kind of society the nature of woman must be different form man’s nature. Buchan, Morag: "Plato on Women." Feminist Studies. 1975. Volume 2. Pg. 131-138 2. The first stage is the household based on two fundamental distinctions in human nature. One is the distinction between male and female; the other is the difference between rulers and ruled. Aristotle’s answer to the question, who rules the state-, is the man: he controls it as father, husband and master. Why does he control, why not the women? Because women are naturally inferior. They are meant for procreation. Man provides the form, woman the matter. 3. Jeremy Bentham with a radical approach was a covert feminist eager to put untapped brains and energy of women to use. According to him, sensibility of women is grater than men, they are inferior in physical strength but more sympathetic by nature. On the whole she is fit for a family life and man for outside life. But this does not mean that woman is altogether excluded from the public sphere. In real life too, he did contest for woman and called for universal suffrage and secret ballot. 4. The real champion of women’s right was John Stuart Mills. Nearly 20 years before him, Spencer had already attacked the subjection of women. However being an ardent liberal, propounded that the emancipation of women to a level of equality with men was not solely for the happiness of women themselves, but was a prerequisite for the improvement of mankind. Liberty and self-determination were the themes of Mill’s argument against the gross inequality in marriage laws and severe discrimination suffered by women in the areas of educational and occupational opportunity. According to him, the emancipation of women will have effect in two ways-they themselves will be happy and they will add to the happiness of society as such and education is the best method to liberate them from the bonds of domesticity. In John S. Mills’ famous work “The Subjection of Women” Mill, J.S. 1869/Dent 1929 The Subjection of Women. Dent/Everyman 1929 (Introduction by G.E.G. Catlin), liberty, individuality, democracy and justice run like a golden thread cherishing equal rights to women except when some recognised social expediency required otherwise. He considered family as a “schools of sympathy in equality of living together in love, without power on one side and obedience on the other”. The only criticism against him was that he did not question the traditional family system and its demands on women. Through a forward-looking feminist he did not perceive the injuries involved in institutions and practice which allowed man to have a career and economic independence while forced women to choose between home life and economic independence. 5. The liberals accepted the common arrangement by which the man earns the family income and the wife superintends the domestic expenditure. The wife is she goes out to work will not be able to perform the tasks of child rearing and house management well and, therefore, a wife should contribute by her labour. The sex role differences are accepted but with a proviso that both are considered equal. Hence, women should have civil rights. They must have the right to vote and they must be given education. 2.2 MOVEMENTS OF WOMEN 1. The best way to understand the spirit if civilization add to appreciate and realize its excellence and limitations is to study the history of the womenfolk- development and change in the status of women from time to time. A beginning was made by the Seneca Falls Declaration’s1848 Seneca Falls Convention available at http:// faculty.uml.edu/sgallagher/SenecaFalls.htm the world over the fight for the rights of women. 2. The women’s movements in Britain can be divided in four stages. During the first stage from 1840-1870 women’s organisations worked on a variety of issues. The second stage from 1871-1905 was dominated by constitutional women’s suffrage organisations, which focus entirely on gaining the rights to vote. The third period of the movement from 1905 to 1918 focused on the rights of vote but adopted militant tactics, which led in 1918 to the enfranchisement of women over thirty years of age. The dominate feature of the forth stage from 1919-1930 was the extension of the of the women franchise to include all women over twenty-one. After 1930 the fight was against discriminatory practices, laws, and decisions and also for personal liberty and rights outside conventional politics. 2.3WHAT’S W-DAY: International women’s Day A History of International Women's Day: "We Want Bread and Roses Too" Available at https://www.uic.edu/orgs/cwluherstory/CWLUArchive/interwomen.html (Last visited Dec22,2014) has been observed since early 1900s amidst grate turbulence in the industrialized world that saw boom in population and a rise of radical ideologies. 1908 women’s oppression and inequality spurred them to become more vocal in campaigning for charge. In 1908, 15000 women marched through New York City demanding shorter hours, better pay and voting rights. Image 2.1 -Following the declaration of the Socialist Party of America, the first ever National Woman's Day being celebrated in the United States on 28 February 1909. 1909 the first national women’s Day (NWD) was observed across the US on February 28. Women continued to celebrate NWD on the last Sunday of February until 1913. 1910 At a Socialist International meeting in Copenhagen, an International Women’s Day of no fixed date was proposed to honour the women’s rights movement and to achieve universal suffrage for women. 1911 International Women’s Day (IWD) was honoured the first time in Austria, Denmark, Germany and Switzerland on 19th march. More than one million people attended IWD rallies campaigning for women’s rights to work, vote, be trained, to hold public office and end discrimination. However less than a week later on March 25, the tragic “Triangle Fire’ in New York City took the lives of more than 140 working women, most of them Italian and Jewish immigrants. This event drew significant attention to working condition and labour legislation in the US that became a focus of subsequent International women’s Day events. 1913-1914 On the eve of World War I, Russian Women observed their first International Women’s Day on the Sunday in February 1913. In 1914 women across Europe held rallies to campaign against the war and to express women’s solidarity. 1917 On the last Sunday of February, Russian women began a strike in response to the death over 2 million Russian soldiers in war. Opposed by political leaders the women continued to strike until the Czar was forced to abdicate and the provision Government granted women the right to vote. The date the women’s strike commenced was February 23 on the Julian calendar then in use in Russia. This day on the Gregorian calendar in use elsewhere was March 8. 1918-1999 For many years the UN has held an annual IWD conference to coordinate international efforts for women’s rights and participation in social, political and economical processes. Women’s organisations and governments around the world have also observed IWD annually on March 8, by holding large-scale events that honour Women’s advancement in all aspects of life. 2000-2007 IWD is now an official holiday in Armenia, Russia, Azerbaijan, Belarus, Bulgaria, Kazakhstan, Kyrgyzstan, Macedonia, Moldova, Mongolia, Tajikistan, Ukraine, Uzbekistan and Vietnam. In some countries IWD has the equivalent status of Mother’s Day where Children give small Presents to their mothers and grandmothers. I Speak My Own Piece - Elizabeth Gurley Flynn, Masses and Mainstream Publishers The US even designates the whole month of March as “Women’s History Month”. INDIA 1. Though the necessity of reviewing Indian Women’s status across the historical phases is non-controversial, the task is fraught with innumerable difficulties. As historian Romilla Thapar remarks: “Within the Indian subcontinent there have been infinite variations on the status of women diverging according to cultural milieu, family structure, class, caste, property rights and morals.” 2. One important point in understanding the values structures in Indian society is the dual concept of the female in Hindu Philosophy. On one hand women is fertile, benevolent bestowal of property; this dual character manifests in the goddesses also, as there are dangerous, aggressive, malevolent goddesses like Kali and Durga; there are equally goddesses like Laxmi, Saraswati, Merriam, who are benevolent. 3. According to Susan Wadley, there is logic in this concept. She says, “The female is the first of all Shakti,(energy or power), the emerging principle of the Universe. The female is also Prakriti (nature), the undifferentiated matter of the Universe.” She further observed, “Uniting these two facets of femaleness, women are both energy/power and nature, and nature is uncultured… uncultured is dangerous.” 4. Veena das says that in Shakti from the goddesses usually stands alone and is not encompassed within a higher male principle. “The principle of power finds expression in the goddesses who represent “Shakti” who come to the aid of man and the gods in periods of cosmic darkness, by killing the demon who threatens the cosmic order.” 2.4 POSITION OF WOMEN 2.4.1. In Vedic Period Image 2.3 Women of the Vedic era were held in high esteem by the Hindus.  Original illustration for About.com by Siddharth Ghosh Image 2.4 India of the Vedas entertained a respect for women. During the Vedic period women enjoyed a faire amount of freedom and equality. Te Vedic period can best be termed as a period of feminine glory and also of masculine sagacity and liberalism. Women participated in all spheres like men. The studies in Gurukuls and enjoyed equality in learning the Vedas. Girls in higher societies were allowed to undergo Upanayana rite. Great women like Gargi, Atreyi, Ghosa, Apala, Lopamudra, Visvara, Indrani, and Yami, inter alia, were accomplished in art, music, and even welfare. In Aitereya Upanishad, the wife had been called companion of husband. The word Dampati, so often used in the Vedas, Characterizes both wife and husband. According to MacDonnell and Keith, this word signifies the high status of women in ancient India. Men and women together performed religious duties, enjoyed and carried out other functions. Is India Civilized - Essays on Indian Culture - By Sir John Woodroffe Ganesh & Co. Publishers 1922 p. 195 - 202) In Mahabharata the wife has been called the root of Dharma, Prosperity and enjoyment. No man was allowed to perform religious duties without his wife. Thus, like the status of women in the contemporary western world, the status of women in India was based on liberty, equality and cooperation. What, however, made them different was the emphasis on religion, duty and cooperation in family life. The Vedic period is characterized by the absence of the purdah system, equal rights in selecting life partners, polygamy being rare, mainly confined to the ruling class. The dowry system was prevalent only in rich and royal families and only in the form of movable gifts. A widow could marry again or could undertake recourse to leverage (niyoga). There was no discrimination between a boy and a girl. Girls were allowed to undergo Upanayana or thread ceremony. The Rigveda: Widows don’t have to burn - By O. P. Gupta - The Asian Age October 23, 2002 Mr. Gupta is ambassador of India to Finland). 2.4.2 In Post-Vedic Period In the Post-Vedic Period the status of women suffered a setback when various restrictions were put on women’s rights and privileges by Manu. This decline dates back to the period of the Manu-smriti and the increasing authority of man. The birth of daughter which was not a source of anxiety during the Vedic period became the source of disaster for the father. Education, which had been an accepted norm for women, was neglected and later on girls were totally denied access to education. Upanayana or the sacred thread ceremony which was perform to initiate a person into the Vedic studies was prohibited in case of women and shudras, thus closing the door to any formal education. The marriageable age of girls was lowered to 9 to 10 years, which not only gave final blow to any effort at educating women but began the sinister practice of pre-puberty marriages. Girls in the ruling class however did receive some training in military, administration and fine arts. But these were exceptions. The subservience of women is precisely summed up in the famous injunction of Manu, where it is stated that a women should never be independent. As a daughter she is under surveillance of her father, as wife, of her husband and as a widow of her son. It was said that women should be “loved” but added, “Protected”. Strangely, it was still believe that into “where the women are honoured there all deities are pleased and were they are dishonoured there all religious acts become fruitless”. J. Talboys Wheeler, “India of the Vedic Age with reference to the Mahabharata”,  reprint 1973, Cosmo Publications, Delhi  Despite the overall social and culture subordinate of women, it is surprising to find that law givers recognised the right to property, particularly that which was know as Streedhan, women’s property. Manu defined Streedhan as “that” which was given to her before the nuptial fire, in bridal procession, in token of love and which she has received form brother, mother, father, and husband.” 2.4.3. Women in Medieval Period Image 2.5 A Painting depicting deteriorating condition of women in medevial period (image source: The Splendour That Was 'India'  - By K T Shah (p. 25 - 29) With invasions of India by Alexander and the Huns, the potion of women was further degraded. Their education and training came to a sudden halt. For reasons of security, movement outside was restricted which in turn denied opportunities in community affairs. With invading armies roaming the countryside, women were put behind the veil. Uneducated devoid of an statues, they came to be treated as chattels. Social evils like sati, child marriage, female infanticide arose. Women suffered grate disabilities. The evil of dowry had become deep- rotted, especially in Rajasthan. Polygamy and the system of Devadasi had already spread. The medieval period saw women being oppressed in the feudal social order and patriarchal families. Enpower Women Enpower Generations:Status of Women In India :Available at http://www.womenempowermentinindia.com/status-of-women-in-india/ 2.4.4 In contemporary India 1. The most important event after Independence has been the drafting of the Constitution of this country enshrining the principles of equality, liberty and social justice. The farmers of the constitution were aware of the sociology of the problem of emancipation of the sex. They realised that equality was important for the development of the nation. It was evident that in order to eliminate inequality and to provide opportunities for the exercise of the human rights it was necessary to promote education and economic interests of women. It became the object of the state to protect women from exploitation and provide social justice. All this ideals were enshrined in the Preamble of the Constitution. Under the leadership of Jawaharlal Nehru, it was directed to take a path of social change by guaranteeing formal equality, economic justice and making the State a welfare State. 2. The preamble to the Constitution of India resolved to secure to all its citizens justice-social, economical and political; liberty of thought, expression, belief, faith and worship, equality of status and opportunity; and to promote among them fraternity assuring the dignity of an individual and the Unity of the Nation. To attain these objectives, the Constitution guarantees certain fundamental rights and freedom, such as freedom of speech and expression, protection of life and personal liberty. Indian women are beneficiaries of these rights in the same manner as men. Articles 14, 15 and 16 ensure equality and prohibits of discrimination on the basis, inter alia, of sex. 3. The Directive Principles of state policy though are non-justiciable, are considered by the State in formulating policies and laws. Some of directives are providing free and compulsory education to children (now recognised as fundamental rights), providing adequate means of livelihood for men and women, equal pay fro equal work, maternity reliefs. In short, Fundamental Rights and Directive Principles provide the framework to achieve the ideals of the Preamble. Fundamental Duties, too, recognize upholding the dignity of women as one of the duties. 4. Pursuant to a request by the United Nations General Assembly to prepare reports on the status of women in the country, a committee on the Status of Women in India (CSWI) was constituted in 1971. The terms of reference of committees were: (A) To examine the Constitutional, legal and administrative provisions that have a bearing on the social status of women, their education and employment. (B) To assess the impact of these provisions during the last two decades on the status of women in the country, particularly in the rural sector, and to suggest more effective measures. (C) To consider the development of education among women and determine the factors responsible for the slow progress in some areas and suggest remedial measures. (D) To survey the problems of working women, including discrimination in employment and remuneration. (E) To examine the status of women as housewives and mother in the changing social pattern and their problems in the sphere of further education and employment. (F) To undertake survey or case studies on the implications of the population policies and family planning. (G) Programmes on the status of women. (H) To suggest any other measure this would enable women to play their full and proper role in building up the nation. 5. The Committee submitted its report entitled ‘Towards Equality’ in December 1974. The report has been a landmark in the social history of India heralding a conscious change in attitudes, behaviour, law, and establishment of special institutions and creating both infrastructure and environment fro equality for women. 6. The report served as an eye-opener for the government, landmarks, experts, and activists in the field and the community as a whole on the low status of women on many counts and on the wide gulf between what intended in the Constitution of India and what prevailed on ground in terms of laws, conventions and practices. Equality seemed a distant goal. The committee observed: “The review of the disabilities and constraints on women, which stem from socio-cultural situations, indicates that the majority of women are still very far from enjoying the rights and opportunities guaranteed to them by the Constitution…The social laws, that sought to mitigate the problems of women in their family life, have remain unknown to a large mass of women in this country, who are as ignorant of their legal rights today as they were before Independence. Chapter-III INTERNATIONAL CONVENTIONS 3.0 INTRODUCTION: United Nations, New York had stated in 1984 that, “The united nation is committed to the principle of the equality of men and women, meaning equality in their dignity and worth as human beings as well as advancement of the women, the entire United Nations system has dedicated itself to ensuring the universal reorganization, in law, of equality of rights between men and women and to exploring ways to give women, in fact, equal opportunities with men to realize their human rights and fundamental freedoms.” In Democracy, development and respect for human rights and fundamental freedom are interdependent and have mutual reinforcement. The human rights for women are therefore an inalienable, integral and indivisible part of human rights. The full development of personality, fundamental freedom and equal participation by women in political, social, economic and cultural scenarios are con-commitment for international as well as national development, Social and family stability and growth-culturally, socially and economically. All forms of discrimination on grounds of gender are, thus, violative of fundamental freedom and human rights. Gender injustice and insensitiveness manifest itself in the form of discrimination, crime and violence against women. Taking into consideration of this suppression all over, the united nation passed various instruments with focus on women’s emancipation and with the object of enhancing the dignity of women all over the world. The United Nations has come a long way from being a security agency to become an organization concerned with human rights, justice and equality. In the area of women’s issues it has gathered enormous support whereby it has promoted and protected women’s rights and women’s empowerment. Throughout the world the United Nations has prescribed “common minimum standards’ to be adopted by member countries for eradicating gender discrimination. 3.1 UNITED NATIONS ORGANIZATION After the inception, the United Nations organization moved quickly to affirm that the advancement of women was a major thrust area of its work. Four progressive phases are discernible in the evolution of these efforts. 3.1.1 At the time of first phase from 1945-1962, the untied nations worked to secure women’s legal equality ….participate in the political life. Commission on human rights and commission on the status and women in 1946 has recognized that the process of the codifying the legal rights of women and by adoption universal declaration of human rights in 1948 THE HUMAN RIGHTS OF WOMEN: A REFERENCE GUIDE TO OFFICIAL UNITED NATIONS DOCUMENTS available at  http://www.umn.edu/humanrts/instree/women/engl-wmn.html, the organization began its work on behalf of the women with a began a drive to establish the legal basis of the promotion of their equal rights. 3.1.2 In the second phase from 1963-1975, the government had responded to the United Nations and enacted laws and launch different program to protect human rights. Adoption of declaration on Elimination of Discrimination against Women3.2 in 1967 acted as catalyst and the organization encompassed apart form codification of rights to economic and social realities of women. With the proclamation of the 1975 as the International Women Years3.3 the movement for the women rights gathered momentum. The major conference was held in Mexico on the status of women which developed a theme of equality and peace. 3.1.3During the third phase 1976 to 1985, correspondingly declared as The United Nations Decade for Women. The United Nations projected the fact that women's equality and rights, far from being isolated issues, were important factors in the well-bring of societies everywhere. Global impact manifested in the Convention on Elimination of All Forms of Discrimination Against Women, 19793.4 which is an International Bill of Human Rights for Women. The decade also generated a series of action programmes that recognized the need to promote equality of men and women. In Copenhagen in 1980 and in 1985 with a World Conference in Nairobi had marked the end of the Decade for Women and assess its achievements. Delegates at Nairobi adopted the Nairobi Forward-looking Strategies for the Advancement of Women to the Year 2000, a blueprint for achieving women's equality. 3.1.4. In the existing fourth phase, from 1986 till date, the United Nations and its associations have been strengthened and the supports for the rights of women have been woven into the mainstream efforts of all the organizations agencies and bodies. The World Conference on Human Rights, 1993, International Conference on Population and Development, 1994, World Summit for Social Development, 1995, synthesized the achievements. 3.2. LIST OF UNITED NATIONS CONVENTIONS Directory of UN Resources on Gender and Women's Issues: International Instruments and Treaty Bodies,  Information on legal instruments and other relevant international standards of particular importance to women's human rights and gender equality, including CEDAW and other treaty bodies: It is pertinent note here to list the success of the UN in the field of women's rights since 1945. Besides the adoption of the UN Charter in 1945, the following achievements are worthy of mention: 1. Establishment of the Commission on Status of Women in 1946 to promote women's political, economic and social rights. 2. Adoption of the Convention for the Suppression of the Traffic in Persons and Exploitation of Prostitutes and Others by the General Assembly in 1949. 3. Adoption of Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value by the ILO in 1951. 4. Adoption of the Convention on Political Rights of Women including the Right to Vote by the General Assembly in 1952. 5. Adoption of the Convention on the Nationality of Married Women in 1957 granting women the right to retain or change their nationality regardless of their husbands' actions. 6. Adoption of the Convention Concerning Discrimination in respect to Employment and Occupation in 1960. 7. Adoption, by the General Assembly in 1962, of the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. 8. Adoption of Declaration on the Elimination of Discrimination Against Women in 1967. 9. Adoption of the First World Plan of Action and Proclamation of First World Decade for Women: With themes of Equality, Development and Peace by World Conference of Women in Mexico city in 1975. 10. Establishment of Voluntary Fund for the UN Decade on Women (UNIFEM) and the UN International Research Institute for the Advancement of Women (INSTRAW) by the General Assembly in 1976. 11. Adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979. 12. Second World Conference on Women at Copenhagen in 1980. 13. Third World Conference on Women at Nairobi in 1985. Adoption of Forward-looking Strategies for the Advancement of Women to the Year 2000 and Voluntary Fund for UN decade for women became UN Development Fund for Women (UNIFEM), an autonomous organization within the UN Development Programme. 14. In 1986 First World Survey on the Role of Women in Development was published. 15. In 1991, the World's Women: Trends and Statistics, a compilation of data on the global situations of women was published. 16. Key Role of Women in Sustainable Development was recognised in the UN Conference on Environment and Development, 1992 held at Rio de Janerio. 17. In 1993, the Declaration on Elimination of Violence Against Women was adopted by the General Assembly. 18. Empowerment of women was seen as an integral part of development for the first time in the International Conference on Population and Development (Cairo) in 1994. 19. The Fourth World Conference on Women held at Beijing, 1995 reviewed and debated critical areas of concern and adopted a proposed platform for Action. 20. Declaration of the International Year for the Empowerment of Women in 2001. 21. Copenhagen Declaration and Platform for action of the Fourth World Conference on Women. 22. Draft Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2001. 23. The Beijing Plus Five UN General Assembly Special Session, 2000. 3.3INTERNATIONAL COVENANTS ON WOMAN Now we will look at definite important instruments of the United Nations which have established to be landmark in achieving gender justice. 3.3.1 UNIVERSAL DECLARATION ON HUMAN RIGHTS The UN Declaration on Human Rights was a public in 1948 and indeed a global proclamation of a common standard of achievement for all peoples and all nations. Human Rights instruments and mechanisms provide avenues for challenging the systematic abuse of women. The Universal Declaration on Human Rights has exercised powerful influence since its adoption in 1948, both internationally and nationally. The Preamble of the United Nations (1945) begins by referring a "faith in fundamental human rights, in the dignity and worth of the human persons, in the equal rights of men and women and of nations large and small.” It is also suggested for the purpose of economic empowerment of women that; “Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,….” The United Nations Charter states that the United Nations aspires to "achieve international cooperation ...in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion" [Article 1(3)]. As per the Declaration of Human Rights, women along with men are entitled to all rights and the terms 'no one' and 'everyone' include both men and women. The Declaration has 30 Articles. Articles 2 to 21 have been referred to as civil and political rights and Articles 22 to 27 deals with different social and economic rights. As per Article 1 of the Declaration, all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 of the Declaration states that, "Everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property or other status". No discrimination shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs. According to Article 3 of the Declaration everyone has the right to life, liberty and security of person. Article 4 prohibits slavery. It provides that “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. In the Article 6 and Article 7 equality before law is recognized. It states that “Everyone has the right to recognition everywhere as a person before the law.” And “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination”. Article 17 recognizes the rights of the property to every men and women. Therefore women can be empowering through property rights. It is provided that; Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Article 20 endows with the right regarding free association. Women can associate and think over their empowerment. Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. Article 21 offers the equal political right to everyone. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. India has made 73rd and 74th constitutional amendments by which reservation of seats for women in Gram Panchayat and Municipal bodies are provided to political empowerment of women. Article 22 made available right to social securities. It runs as under, “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” Article 23 presents the right to work; to free choice of employment; to just and favourable conditions of work; to protection against employment; without any discrimination the right of equal pay for equal work. It runs as under, Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 grants the benefits at the work place. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 offer the right to standard of living adequate for health and well being, the right to security in the event of unemployment, to the person and his/her family. It is stated as under; Everyone has the right to a standard of living adequate for the health and well- being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 provides for everyone’s rights of education and Article 27 gives rights to freely participate cultural life of the communities. 3.3.2 THE CONVENTION ON THE POLITICAL RIGHTS OF WOMEN, 1953 Convention On The Political Rights Of Women- United Nations Organisation available at https://treaties.un.org/doc/Treaties/1954/07/.../Ch_XVI_1p.pdf The Convention was adopted by the General Assembly of United Nations on 20th December, 1952. It was opened for signature and ratification by United Nations General Assembly Resolution 640 (VII) of 31 December 1953. Entered into and came into force on 7th July, 1954 in accordance with Article VI. In the preamble it is emphasis that The Contracting Parties, desiring to implement the principle of equality of rights for men and women contained in the Charter of the United Nations, recognizing that everyone has the right to take part in the government of his country directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalize the status of men and women in the enjoyment and exercise of political rights, in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights. According to Article 1 of the Convention, “Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.” Article 2 is made available for the “Women to be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.” Article 3 empower women for public office which is runs as under, “Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.” 3.3.3 CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957 Convention on the Nationality of Married Women available at https://treaties.un.org/.../C_XVI_2p.pdf In 1949 the Commission on the Status of Women expressed the view that a convention on the nationality of married women should be prepare and concluded as soon as possible for it would assure women of equality with men, especially with respect to the right to a nationality, and prevent them from becoming Stateless upon marriage or at its dissolutions. Subsequently, the draft of the Convention was prepared by the Commission and in 1957. Convention on the Nationality of Married Women was opened for signature and ratification by General Assembly resolution 1040 (XI) of 29 January 1957. The General Assembly adopted the Convention on the Nationality of Married Women vide Entry into force 11 August 1958, in accordance with article 6. The contracting State Parties of the Convention have undertaken the following commitments: I. Neither the celebration nor the dissolution of a marriage between one of its nationals and an alien, and the change of nationality by the husband during the marriage, shall automatically affect the nationality of the wife. II. Neither the voluntary acquisition of the nationality of another State nor the renunciation of its nationality by one of its nationals shall prevent the retention of its nationality by the wife of such national. III. The alien wife of one of its nationals may, at her request, acquire the nationality of her husband through specially privileged naturalization procedures. However, the grant of such nationality may be subject to such limitations as may be imposed in the interest of national security or public policy. IV. The present Convention shall not be construed as affecting legislation or judicial practice by which the alien wife of one of its nationals may, at her request, acquire her husband's nationality as a matter of right. 3.3.4. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, 1966 International Covenant on Civil and Political Rights (1966) available at http://www.cirp.org/library/ethics/UN-covenant/ The international Covenant on Civil and Political Rights, 1966 declares in Article 3 that: "The State Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present covenant." India has made 73rd and 74th constitutional amendments by which reservation of seats for women in Gram Panchayat and Municipal bodies are provided to political empowerment of women. 3.3.5 THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 1966 International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966 available at http:// legal.un.org/avl/ha/icescr/icescr.html The International Covenant on Economic, Social and Cultural Rights, 1966 declares the same thing in Article 3: "The State parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present covenant." 3.3.6 DECLARATION ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN, 1967 Declaration on the Elimination of Violence against Women available at http:// www.un-documents.net/a48r104.htm The United Nations General Assembly has adopted the Declaration on the Elimination of Discrimination against Women Proclaimed wide General Assembly resolution 2263 (XXII) of 7 November 1967. This Declaration was a antecedent to the Convention on the Elimination of All Forms of Discrimination against Women, 1979. The preamble to the Declaration states that, despite the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other instruments of the United Nations and the specialized agencies and despite the progress made in the matter of equality of rights, there continues to exist considerable extensive discrimination against women, despite various instruments discrimination against women continues to exist. The article 9 of the Declaration emphasis empowerment of women through education which is articulated as below, Article 9 - All appropriate measures shall be taken to ensure to girls and women, married or unmarried, equal rights with men in education at all levels, and in particular; Equal conditions of access to, and study in, educational institutions of all types, including universities and vocational, technical and professional schools; The same choice of curricula, the same examinations, teaching staff with qualifications of the same standard, and school premises and equipment of the same quality, whether the institutions are co-educational or not; Equal opportunities to benefit from scholarships and other study grants; Equal opportunities for access to programmes of continuing education, including adult literacy programmes; Access to educational information to help in ensuring the health and well-being of families. The article 10 of the Declaration stress upon empowerment of women by ensuring equal rights with men in the fields of economic and social life and, in particular which is articulated as below, Article 10 1. All appropriate measures shall be taken to ensure to women, married or unmarried, equal rights with men in the field of economic and social life, and in particular: (a) The right, without discrimination on grounds of marital status or any other grounds, to receive vocational training, to work, to free choice of profession and employment, and to professional and vocational advancement; (b) The right to equal remuneration with men and to equality of treatment in respect of work of equal value; (c) The right to leave with pay, retirement privileges and provision for security in respect of unemployment, sickness, old age or other incapacity to work; (d) The right to receive family allowances on equal terms with men. 2. In order to prevent discrimination against women on account of marriage or maternity and to ensure their effective right to work, measures shall be taken to prevent their dismissal. in the event of marriage or maternity and to provide paid maternity leave, with the guarantee of returning to former employment, and to provide the necessary social services, including child-care facilities. 3. Measures taken to protect women in certain types of work, for reasons inherent in their physical nature, shall not be regarded as discriminatory. 3.3.7 CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, 1979 Convention on the Elimination of All Forms of Discrimination against Women Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 entry into force 3 September 1981, in accordance with article 27(1) Status of ratifications monitoring declarations and body reservations. To fulfil the purposes stated in Articles 1, 2 and 55 of the Charter, the Declaration on the Elimination of Discrimination Against Women, 1967 was adopted which finally led to the adoption of the Convention on Elimination of All Forms of Discrimination Against Women. It was noted in the Preamble of Convention that State parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights. There are also resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women. However, despite all these instruments, extensive discrimination continues to exist against women who violate the principles of equality of rights and respect for human dignity. This discrimination is also an obstacle to the participation of women, on equal terms with men, in the -political, social, economic and cultural life of their countries, hampers the growth and the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity. It was also considered that in situations of poverty, women have the least access to food, health, education, training and opportunities for employment and other needs. The State parties were convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women. It was also emphasized that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women. The maximum participation of women on equal terms with men in all fields will ensure the full and complete development of a country, the welfare of the world and the cause of peace require. It was also realized that a change in the traditional role and role of women in society and. in the family is needed to achieve full equality between men and women. 'Discrimination against women' defines in Article 1 of the Convention. The term 'discrimination against women' means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, 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, social, cultural, civil or any other field. 3.3.7.1 Commitment of State parties 1. As per the article 2 of the convention states parties have committed to do certain acts for empowering the women. The State Parties condemned discrimination against women in all its forms, agreed to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, and, to this end, undertook: (a) To embody the principle of equality of men and women in their national Constitutions or other appropriate legislation if not yet incorporated therein and to ensure through law and other appropriate means the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women. 2. Article 3 of the convention offer the State Parties have also undertaken to take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. 3. Under the Article 5 of the convention The State Parties undertook to take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or any stereotyped role of men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the bringing up and development of their children, it being understood that the interest of the children is the primordial consideration. 4. In the Article 6 of the convention it was also agreed upon by the State Parties that; “They shall take appropriate measures, including legislation to suppress all forms of traffic in women and exploitation by prostitution of women.” 5. The convention’s Article 7 emphasis that: “The State Parties undertook to take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, to ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of Government. (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country. 6. The convention’s Article 7 emphasis the general comment on the implementation the state parties agreed that; The State parties shall take all appropriate measures to ensure to women, on equal terms with men and without discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations. 7. The Article 10 of the Declaration emphasis empowerment of women through education which is articulated as below: The State Parties agreed to take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on the basis of equality of men and women: (a) The same conditions for career and vocations, guidance, for access to studies in rural as well as urban areas in pre-school, general, technical, professional and higher technical education and in all types of vocational training; (b) Access to the same curricula, the same examination teaching staff with qualifications of the same standards and school premises and equipment of the same quality; (c) The elimination of any stereotyped concept of roles of men and women at all levels and encouraging co-education; (d) Same benefits and opportunities for scholarship; (e) Same opportunities for programmes of continuing education, adult education, functional literacy; (f) Reduction of female dropouts and the organization of programmes for girls and women who have left school prematurely; (g) Same opportunities in sports and physical education; (h) Access to specific educational information to help to ensure the health and well- being of families including information and advice on family planning. 8. The Article 10 of the Declaration stress upon empowerment of women by ensuring equal rights with men in the fields of economic and social life and, in particular which is articulated as below 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work States Parties shall take appropriate measures: (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. 9. Under the Article 13 of the convention The State Parties undertook to take all appropriate measures to eliminate discrimination in the fields of health care and in other areas of economic and social life. 10. As per the Article 14 of the convention states parties have committed to do certain acts for empowering the rural women which runs as under: 1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas. 2. State Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels; (b) To have access to adequate health care facilities, including information, counselling and services in family planning; (c) To benefit directly from social security programmes; (d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment; (f) To participate in all community activities; (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes; (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications. 11. Article 15 of the convention endow with the empowering women concluding contracts and to administering the property. The states Parties are committed to certain provision which represents as under, 1. States Parties shall accord to women equality with men before the law. 2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. 4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. 3.3.7.2 Implementation of the Convention The Convention provides for the establishment of a Committee on the Elimination of Discrimination against Women (referred to as the Committee). The Committee shall consist, at the time of entry into force of the convention, of eighteen and after ratification of or accession to the Convention by the thirty-fifth State party of twenty-three members who are experts of high moral standing and competence in the field covered by the Convention. Since the Convention has been ratified or acceded to by a large number of States, far greater than 35, the Committee now consists of twenty-three members. The Committee seeks to ensure implementation of the Convention through Reporting Procedure. State Parties were to submit to the Secretary-General of the Committee a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect within one year after the entry into force of the State concerned, i.e., on the thirtieth day after the date of deposit of its own instrument of ratification or accession; and thereafter at least every four years; and further whenever the Committee so requests. The Committee sends through the Economic and Social Council a report. Annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from State Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from State Parties. The Secretary- General transmits the reports of the Committee to the Commission on the Status of Women for its information. The implementation machinery for the Convention is very weak and far from satisfactory by any standard. The Committee has no teeth. It cannot compel State Parties to give effect to the provisions of the Convention.-It may simply make suggestions and general recommendations based on the examination of reports and information received from State Parties. Indeed it is much weaker than the Human Rights Committee established under the International Covenant on Civil and Political Rights. The Convention on the Elimination of All Forms of Discrimination against Women is also conspicuous by absence of provisions relating to inter-state communications system. To make the Committee more effective, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 was adopted. Before the Optional Protocol of 1999 let us take a look at the Declaration on the Elimination of Violence against Women, 1993. 3.4 COMMISSION ON THE STATUS OF WOMEN Commission on the Status of Women available at www.un.org/womenwatch/daw/csw/57sess.htm The Commission on the Status of Women is a functional commission of the Economic and Social Council (ECOSOC) established by the Council in 1946. Originally the Commission on the Status of Women was composed of 15 members. Subsequently the membership increased to 21 and then to 32 and finally to 45. Thus, at present, the Commission is composed of 45 representatives of the UN members elected by the ECOSOC for a three year term. It meets biennially for its session of three weeks. As in the case of the Commission on Human Rights, the Commission on the Status of Women adopts its own resolutions and recommends draft resolutions and declarations for adoption by the ECOSOC. The Commission submits a report on each session to the Council. The functions of the Commission are: 1. To prepare recommendations and report to the ECOSOC on promotion of women's rights in political, economic, civil, social and educational fields; and 2. To make recommendations to the Council on urgent problems requiring immediate attention in the field of women's rights with the object of implementing the principal that men and women shall have equal rights and to develop proposals to give effect to such recommendations. 3.4.1. Vienna Conference Brunch, Charlotte, The Global Campaign for Women's Human Rights: Where Next After Vienna? in ST. JOHN'S LAW REVIEW, Volume 69, Winter-Spring 1995, Lanzon (ed.), (Jamaica, N.Y.: St. John's Law Review Association, 1995) pp.171-178 The capital and largest city of Austria; located on the Danube in north-eastern Austria. The Commission on the Status of Women has done valuable work for promoting the rights of women in political, economic, civil, social and educational fields. It has also ensured achievement of the goal of women having rights equal to those of men. The First World Conference on Women was held in Mexico City in 1975 which highlighted the themes of "Equality, Development and Peace". The Second World Conference on Women convened in Copenhagen in 1980, added three sub-themes: "Education, Employment and Health". In Nairobi, the Third World Conference was held to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace (1976-1985). The goal was set here for the adoption of "Forward-looking Strategies for the Advancement of Women to the Year 2000". In its Thirty-third Session which was held at Vienna, the Commission stressed that a drastic effort must be made to revive a flagging campaign for women's advancement because there was sufficient evidence to indicate that advances towards women's economic and political rights were slow or had actually stopped. Unless something was done, said the Commission, the achievement of the goal century was at risk. The 32-member Commission also adopted 23 texts on a wide variety of subjects such as AIDS, aging, refugee and displaced women, poverty and apartheid and sent the drafts for final approval to the ECOSOC. In its Thirty-seventh Session held at Vienna, the Commission on Status of Women unanimously approved a draft declaration on the elimination of violence against women. This declaration, which was submitted to the Forty-eighth Session of the General Assembly for adoption, stated that violence against women is an obstacle to the achievement of equality, development and peace-the three main goals of the UN to advance the status of women. It may be noted here that earlier a UN Experts Group had proposed a 'draft declaration on violence against women to be considered by the Committee on Status of Women in 1992. Thus, it was, for the first time that the issue of physical, sexual and psychological violence against women was addressed explicitly. It was proposed that, if necessary, an Optional Protocol to the 1979 Convention on the Elimination of All Forms of Discrimination against Women be adopted. It was adopted in 1999. 3.4.2. Beijing Conference Mary Ann Glendon ,WHAT HAPPENED AT BEIJING,January 1996 In its Thirty-seventh Session, the Commission urged the Fourth World Conference on Women to consider women's rights and concerns in November 1991. This Conference was held in the capital city of China, Beijing in September 1995. The Beijing Conference, in a series of UN-sponsored global conferences on women laid the foundation in the field of human rights of women, who constitute nearly half of the world population. The main document of the conference, 'The Platform for Action', a 362-paragraph document was the blueprint for women's advancement in countries around the world. It was a draft document was approved at the Thirty-ninth session of the UN Commission on the Status of Women for presentation in Beijing. It reflected the review and appraisal of the progress made by women since 1985 in terms of the Forward-looking Strategies for the Advancement of Women to the Year 2000 adopted in Nairobi, at the Third UN Conference on Women. The Platform for Action recommended action in 12 "critical areas of concern". These are areas identified as obstacles to the advancement of women. It offers corresponding strategic objectives and action to be taken by Government, the international community, non-governmental organizations and the private sector for the removal of the existing obstacles. The Beijing Conference further expanded the agenda for women's empowerment. Issues once considered banned, ideas earlier viewed as too sensitive and actions ruled out as unacceptable were confronted head-on. The exercise led to the adoption of a Platform for Action, unanimously, by about 40 countries. The Platform for Action provides normative guidance for Governments who bear the primary responsibility for implementing its strategic objectives. The Critical Areas of Concern and the Suggested Action by the Beijing Conference are: 1) Poverty 2) Education 3) Health 4) Violence 5) Armed and other Conflict 6) Economic Participation 7) Power Sharing and Decision-making 8) National And International Machineries 9) Human Rights 10) Mass Media 11) Environment and Development 12) The Girl Child We will discuss here the critical area concerns which are related to only economic empowerment of women. They are as under-: (1) Poverty Mostly Women bear a disproportionate share of the growing poverty in the world today, especially in developing countries and in East Europe. This has been a result of uncertain global economic climate; Persistent external debt problems; structural adjustment programmes and civil strife in many parts of the world. The extra burden on women stems from the absence of economic opportunities and autonomy; land ownership and inheritance; education and support services and their minimal participation in decision making. The actions to be taken by the Governments are: (a) Analyze from a gender perspective the impact of national programme and policies; (b) Develop policies and programmes to promote equitable distribution of resources within the household; (c) Restructure and target the allocation of public expenditure to promote women's equable and more equitable access to productive resources; (d) Review laws and administrative practices to give women full and equal access to economic resources; (e) Strengthen links between formal banks and non-formal lending institutions to enhance women's access to credit. The actions to be taken by the multilateral financial institutions, bilateral donors and by NGOs are: (a) Review the impact of structural adjustment programmes for reducing negative impact on women; (b) Mobilise to improve effectiveness of anti-poverty programmes and monitor their implementation; (c) Develop national strategy for improving women's health, education and social services. (2) Education A rough parity in enrolment has been achieved for girls and boys at the primary level, but girls continue to be denied quality education, especially in such fields as science and technology, dropout rates among girls are also much higher than boys. Almost two-thirds of all illiterate people in the world still are women, the majority of them rural adults. The actions to be taken by the Governments are: (a) Universal access to basic education by at least 80 per cent of primary school-age children; (b) Close the gender gap in primary and secondary school education by the year 2005, and universal primary education in all countries before the year 2015; (c) Reduce the female illiteracy rate, especially among rural migrants, internally displaced and disabled women, to be at least half the 1990 level. The actions to be taken by International organisations, donors, educational institution and communities are: (a) Maintain or increase funding levels for education in structural adjustment and economic recovery programme; (b) Provide support for child care and other services to mothers; (c) Create flexible education, training and programme for lifelong learning. (3) Armed and other conflicts Women are affected in many ways during war or armed conflicts. Though they may have no role in the decisions leading to such conflicts and seldom are Combatants themselves, women are often left to maintain families when social and economic life is disturbed. Women often are also victims of torture, disappearance and systematic rape as a weapon of war. Women and their dependants constitute 75 per cent of the world’s 23 million refugees. More than 20,000 women were reported to have been raped in Bosnia Herzegovina in the first month of the war there. Actions to be taken by Governments, international organisation and NGOs are: (a) Strengthen the role of women in peace and security activities; (b) Hasten the conversion of military resources and related industries to development purposes; (c) Undertake new ways of generating financial resources, through reduction of military expenditure, to provide more funds for social and economic development; (d) Consider ratifying international treaties on protection of women and children in armed conflicts; (e) Promote peaceful conflict resolution through education and training; (f) Take steps to ensure safety and physical integrity of refugee women; (g) Condemn the systematic practice of rape and other degrading treatment as a deliberate instrument of war and ethnic cleansing. (4) Economic Participation Women are primary producers of food and contribute significantly to economic life, but everywhere they are largely excluded from economic decision making. In most societies they lack equal access to, and control over, various means of production, including land, capital and technology. Their work is underpaid and undervalued. However experience shows that, when given access to resources, technology and training, women can take the lead in expanding production. Actions to be taken by Governments and financial institutions are: (a) Enact and enforce legislation to guarantee the rights of women and men to equal pay for equal work of equal value; (b) Adopt and implement laws against sex-based discrimination in employment; (c) Devise mechanisms and apply positive action to enable women's full and equal participation in economic decision-making; (d) Promote and support business run by women and strengthen their access to credit and capital; (e) Increase women's participation in advisory boards and other fora; (f) Mobilize the banking sectors to increase lending to women; (g) By national and international funding and development agencies; (h) Implement policies to provide more resources to rural women; (i) Support initiatives to provide resources to small-scale women entrepreneurs. (5) Power Sharing and Decision-making Women today are more visible in politics, but they still lack access to power structures that shape society. Women do not participate fully as top level diplomats or in international organisations. Due to existing norms and practices, women are unable to compete fairly for leadership positions. Negative stereotypes contribute to such discrimination. Without women's active participation in decision making, the goal of equality, development and peace cannot be achieved. Action to be taken by Governments is: (a) Commit to establish the goal of gender balance in governmental bodies and committees. Actions to be taken by political parties, the United Nations and NGOs are: (a) Consider examining party structures and procedures to remove discrimination against women's participation; (b) Develop mechanism to appoint women in senior posts in UN organizations; (c) Continue collecting and disseminating data on decision making; (d) Build and strengthen solidarity among women through information and education; (e) Work towards seeking accountability from elected public representatives on commitment to gender concerns. (6) National and International Machineries National institutions (e.g. ministries, statistical offices, research units, etc.) for the advancement of women have been created in most countries, but they often lack financial and human resources to perform adequately. Similar problems exist at the international level. Information and statistics desegregated by gender are also inadequate. The UN Commission on the Status of Women, set up in 1946 by the UN Economic and Social Council, monitors the situation of women and promotes their rights in all societies around the world. The UN Development Fund for Women (UNDFEM) provides direct technical and financial support to help improve the living standards of women in developing countries. The International Research and Training Institute for the Advancement of Women (INSTRAW) of the UN carry out research, training and information activities to promote women as key agents for sustainable development. Actions to be taken by Governments are: (a) Create national machineries for women's advancement at the highest possible level; (b) Carry out gender analysis before making policy decisions; (c) Establish direct links with national, regional and international bodies dealing with women’s advancement; (d) Ensure the regular production of gender-statistical publications. Actions to be taken by National and International statistical services and the UN are: (a) Collect, compiles, analyze and present gender desegregated data; (b) Improve data collection measurement of poverty among women and men; (c) Promote better collection and analysis of data related to human rights of women. (7) Human Rights Women may only have rights guaranteed by law but are often unable to exercise them fully. This is due to failure by Governments to promote and protect those rights. Appropriate recourse mechanisms at national and international levels are also lacking. Women's rights are not secured in countries that have not accepted the Convention on the Elimination of All Forms of Discrimination against Women. Actions to be taken by Governments are: (a) Ratify or accede to international human rights, including the Convention on the Elimination of All Forms of Discrimination against Women; (b) Develop a comprehensive human rights education programme for raising awareness about women's rights; (c) Publicise information on existing mechanisms for redressing human rights violations; (d) Create or strengthen national institutions for protecting women's human rights; (e) Ratify or accede to and implement the Convention on the Rights of the Child; (f) Review national laws and revoke those that discriminate against women; (g) Provide gender sensitive human rights education and training to public officials; (h) Ensure equal rights for women to serve in courts and as police/prison officers. (8) Mass Media Women work in the media, but few make policy decisions. In most countries, mass media still provides a distorted picture of women, their role and contribution to communities and countries. Relying on stereotype images, the media tends to reinforce outdated views. The media is generally controlled by men and many therefore reflect their perceptions and priorities. Actions to be taken by Governments, national, International media systems and NGOs are: (a) Promote women's equal participation in the media; (b) Encourage and recognize women's media networks; (c) Encourage the development of educational and training programmes for women; (d) Promote research and implementation of an information strategy for ensuring a balanced portrayal of women; (e) Develop balanced and diverse portrayal of women by the media; (f) Encourage establishment of media watch groups to monitor the media; (g) Train women to make greater use of information technology. (9) Environment and Development Within most developing countries women are responsible for obtaining water and fuel and managing household consumption. As a result, they are especially concerned with the equality and sustainability of the environment. Yet, because women are largely absent from decision-making, environmental policies often do not take into account the close links between their daily lives and the environment. Women account for half of the food production in developing countries. In some African countries, they have to walk 10 kms or more to fetch water and fuel. Much of the soil conservation in East Africa over the past decades has been carried out by women. Women in India, provide 75 per cent of the labour for transplanting and Weeding rice, 60 per cent for harvesting and 33 per cent for threshing. Actions to be taken by Governments, International organizations and private sector are: (a) Ensure opportunities for women to participate in environmental decision making at all levels; (b) Reduce risks to women from known environmental hazards; (c) Facilitate and increase women's access to information and education; (d) Promote research on women and the environment; (e) Consider gender impact in the work of the appropriate UN bodies and encourage designing projects that benefit women; (f) Develop gender sensitive database and support research on women and sustainable development. Besides all these international initiatives, the South Asian Association for Regional Cooperation or SAARC, consisting of seven South Asian Countries, is meeting at regular intervals to work united for the cause of women. In the Eleventh Summit of the SAARC in January 2002, a convention on Preventing and Combating Trafficking in Women and Children for Prostitution was adopted to effectively deal with the various aspects of prevention, interdiction and suppression of trafficking in women and children. Under Article 3 of the SAARC/SUMMIT, 11/3 Kathmandu, January 4-6 2002 it is stated that State parties to the convention shall take effective measures to ensure that trafficking in any form is an offence under their respective criminal law and shall make such an offence punishable by appropriate penalties. 3.5 INTERNATIONAL LAW AND INTERNATIONAL INSTRUMENTS RELATING THE WOMEN WORKERS The international law concerning women workers have been codified in the form of various international instruments mainly by the ILO since the first quarter of the last century. In this context, a “silent revolution” largely inspired by ILO Conventions, had been taking place for decades and continued even, now. No doubt, ILO’s international labour standards and the principles they enshrine proved to be a source of inspiration and provided strength and legitimacy to those espousing the human rights of women workers and they have been pace setters in the promotion of equality of opportunity and treatment in education, training, employment and improving working conditions. The Declaration of Philadelphia adopted by the international Labour Conference in 1994 and a part of the ILO Constitution, emphasizes that “ all human beings, irrespective of race, creed or sex, posses, the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity of economic security and equal opportunity”. Equality at work has been the subject of two most widely ratified ILO convention 1958 (No. 111), and the equal Remuneration Convention, 1951(No 100). The ILO Convention No. 100 stressed the importance of equality between men and women workers in respect of remuneration, which included the basic wage and any additional cash or in kind remuneration or benefits arising out of worker’s employment. A pioneering feature of this Convention was its guarantee of equal pay for “Work of equal Value” and not just for the same or similar work. This took care of gender biases in the way labour markets are structured, because most women did different jobs from most men. Other important conventions and declarations pertaining to women’s rights are: Convention on Elimination of all forms of discrimination against women (CEDAW), Beijing platform for Action and ILO Convention on non-discrimination such as maternity Protection Convention. The international Labour Conference also promoted gender equality through the adopted of other international instruments, including, in 1975, the ILO Declaration on equality of Opportunity and Treatment for Women Workers and the resolution concerning a plan of aimed a promoting equality of opportunity and treatment for women workers. The Workers and family Responsibilities, 1981 (No. 156), was another step in furthering gender equality at work and in other spheres. Last but not the least, the Millennium Development Goals (MDGs), adopted by the United Nation General Assembly in 2000, has been another landmark in this direction which pointed out the importance of women’s access to paid jobs in sectors other than agriculture for improvement of their economic and social status and achieving the goals of gender equality. Chapter-IV CONSTITUTIONAL PROVISIONS 4.0 INTRODUCTION: In spite of women contribution in all spheres of life and they enjoy a unique position in every society and country of the world, but they suffer in silence and belong to a class which is in a disadvantaged position on account of several barriers and impediments. India, being a country of paradoxes, is no exception. Here too, women, a personification of Shakti, once given a dignified status, are in need of empowerment. Women’s empowerment in legal, social, political and economic requires to be enhanced. However, empowerment and equality are based on the gender sensitivity of society towards their problems. The intensification of women's issues and rights movement all over the world is reflected in the form of various Conventions passed by the United Nations. Gender equality is always escaped the constitutional provisions of equality before the law or the equal protection of law. This is because equality is always supposed to be between equals and since the judges did not concede that men and women were equal. Gender equality did not seem to them to be a legally forbidden inequality. Basically, as pointed out by Dicey Dicey, A.V., Introduction to the Study Of The law Of the Constitution,( Macmillan, London. 9th edition 1952) (Dicey, A.V. introduction to the study of the law of the constitution4.1, Macmillan, London. 9th edition 1952), the Constitutional theories of Rule of Law and the fundamental rights stemmed from the struggle for individual liberty and were intended to curb the power of the State. For a long time gender issues were not in the limelight. In India, the Constitution makers while drafting the Constitution were sensitive to the problems faced by women and made specific provisions relating to them. In various articles, not only mandates equality of the sexes but also authorizes benign discrimination in favour of women and children to make up for the backwardness which has been their age-old destiny. But categorical imperatives constitutionals by the Founding Fathers are not self acting and can acquire socio-legal locomotion only by appropriate State action. Our Constitution is the basic document of a country having a special legal holiness which sets the framework and the principal functions of the organs of the Government of a State. It also declares the principles governing the operation of these organs. The Constitution aims at creating legal norms, social philosophy and economic values which are to be affected by striking synthesis, harmony and fundamental adjustment between individual rights and social interest to achieve the desired community goals. The Constitution of India contains various provisions, which provide for equal rights and opportunities for both men and women. The salient features are:- 4.1 PREAMBLE The Preamble contains the essence of the Constitution and reflects the ideals and aims of the people. The Preamble starts by saying that we, the people of India, give to ourselves the Constitution. The source of the Constitution is thus traced to the people, i.e. men and women of India, irrespective of caste, community, religion or sex. The makers of the Constitution were not satisfied with mere territorial unity and integrity. If the unity is to be lasting, it should be based on social, economic and political justice. Such justice should be equal for all. The Preamble contains the goal of equality of status and opportunity to all citizens. This particular goal has been incorporated to give equal rights to women and men in terms of status as well as opportunity. 4.1.1 Political Rights: Even though the fact that women participated equally in the freedom struggle and, under the Constitution and law, have equal political rights as men, enabling them to take part effectively in the administration of the country has had little effect as they are negligibly represented in politics. There were only seven women members in the Constituent Assembly and the number later decreased further. Their representation in the Lok Sabha is far below the expected numbers. This has led to the demand for reservation of 33% seats for women in the Lok Sabha and Vidhan Sabhas. Political empowerment of women has been brought by the 73rd and 74th Amendments which reserve seats for women in Gram Panchayats and Municipal bodies. Illiteracy, lack of political awareness, physical violence and economic dependence are a few reasons which restrain women from taking part in the political processes of the country. 4.1.2 Economic Rights At hand there has been series of legislation conferring equal rights for women and men. These legislations have been guided by the provisions of the fundamental rights and Directive Principles of State Policy. Here again there is a total lack of awareness regarding economic rights amongst women. Laws to improve their condition in matters relating to wages, maternity benefits, equal remuneration and property/succession have been enacted to provide the necessary protection in these areas. 4.1.3 Social justice For providing social justice to women, the most important step has been codification of some of the personal laws in our country which pose the biggest challenge in this context. In the area of criminal justice, the gender neutrality of law worked to the disadvantage of a woman accused because in some of the cases it imposed a heavy burden on the prosecutor, for e.g. in cases of rape and dowry. Certain areas like domestic violence and sexual harassment of women at the workplace were untouched, unthought of. These examples of gender insensitivity were tackled by the judiciary and incorporated into binding decisional laws to provide social justice in void spheres. Although a Uniform Civil Code is still a dream in spite of various directions of the Court, the enactment of certain legislations like the Pre-Natal Diagnostic Techniques (Prevention of Misuse) Act and the Medical Termination of Pregnancy Act prevent the violation of justice and humanity right from the womb. In spite of these laws, their non-implementation, gender insensitivity and lack of legal literacy prevent the dream of the Constitution makers from becoming a reality. They prevent the fulfilment of the objective of securing to each individual dignity, irrespective of sex, community or place of birth. Aparajita Barauh (2007), Preamble of the Constitution of India, Deep and Deep Publications Pvt. Limited, New Delhi, P-3. 4.2 FUNDAMENTAL RIGHTS: Part III of the Constitution consisting of Articles 12-35 is the heart of the Constitution. Human Rights which are the entitlement of every man, woman and child because they are human beings have been made enforceable as constitutional or fundamental rights in India. The framers of the Constitution were conscious of the unequal treatment and discrimination meted out to the fairer sex from time immemorial and therefore included certain general as well as specific provisions for the upliftment of the status of women. Justice Bhagwati in Maneka Gandhi v. Union of India AIR 1978 SC 597 said: "These fundamental rights represent the basic values cherished by the people of this country since the Vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent." 4.2.1. Article 14 guarantees that the State shall not deny equality before the law and equal protection of the laws; Article14 Equality before Law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 4.2.2. Article 15 prohibits discrimination against any citizen on the ground of sex: and Article 15 (3) empowers the state to make positive discrimination in favour of women and child; Article: 15 Prohibition of discrimination on grounds of religion, race, cast, sex, or place of birth (1) The state shall not discrimination against any citizen on grounds only of religion, race, cast, sex, or place of birth or any of them. (3) Nothing in this article shall prevent the State from making any special provision for women and children. Accordingly Article 15(1) prohibits gender discrimination and Article 15(3) lifts that rigour and permits the State to positively discriminate in favour of women to make special provisions to ameliorate their social condition and provide political, economic and social justice. The State in the field of Criminal Law, Service Law, Labour Law, etc. has resorted to Article 15(3) and the Courts, too, have upheld the validity of these protective discriminatory provisions on the basis of constitutional mandate. 4.2.3. Article 16 provides for equality of opportunity in matter of public employment. Article: 16 Equality of opportunity in matters of public employment (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. (2) No citizens shall, on grounds only of religion, race, cast, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state. The Constitution, therefore, provides equal opportunities for women implicitly as they are applicable to all persons irrespective of sex. However, the Courts realize that these Articles reflect only de jure equality to women. They have not been able to accelerate de facto equality to the extent the Constitution intended. There is still a considerable gap between constitutional rights and their application in the day-to-day lives of most women. At the same time it is true that women are working in jobs which were hitherto exclusively masculine domains. But there are still instances which exhibit lack of confidence their capability and efficiency. There remains a long and lingering suspicion regarding their capacities to meet the challenges of the job assigned.  Narender Kumar (2012), Constitutional Law of India, Allahabad Law Agency, Faridabad In case of C.B. Muthumma v. Union of India (1979) 4 SCC 260, a writ petition was filed by Ms Muthamma, a senior member of the Indian Foreign Service, complaining that she had been denied promotion to Grade I illegally and unconstitutionally. She pointed out that several rules of the civil service were discriminatory against women. At the very threshold she was advised by the Chairman of the UPSC against joining the Foreign Service. At the time of joining she was required to give an undertaking that if she married she would resign from service. Under Rule 18 of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, it was provided that no married woman shall be entitled as of right to be appointed to the service. Under Rule 8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, a woman member of the service was required to obtain permission of the Government in writing before her marriage was solemnised. At any time after the marriage she could be required to resign if the Government was confirmed that her family and domestic commitments were likely to come in the way of the due and efficient discharge of her duties as a member of the service. On numerous occasions the petitioner had to face the consequences of being a woman and thus suffered discrimination, though the Constitution specifically under Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth and Article 4 provides the principle of equality before law. The Supreme Court through V.R. Krishna Iyer and P.N. Singhal, JJ. Held that: "This writ petition by Ms Muthamma, a senior member of the Indian Foreign Service, bespeaks a story which makes one wonder whether Articles 14 and 16 belong to myth or reality. The credibility of the Constitutional mandates shall not be shaken by governmental action or inaction but it is the effect of the grievance of Ms Muthamma that sex prejudice against Indian womanhood pervades the service rules even a third of a century after Freedom. There is some basis for the charge of bias in the rules and this makes the ominous indifference of the executive to bring about the banishment of discrimination in the heritage of service rules. If high officials lose hopes of equal justice under the rules, the legal lot of the little Indian, already priced out of the expensive judicial market, is best left to guess." Commenting further on the discriminatory rules the Court said: "Discrimination against woman, in traumatic transparency, is found in this rule. If a woman member shall obtain the permission of government before she marries. The same risk is run by government if a male member contracts a marriage. If the family and domestic commitments of a woman member of the service is likely to come in the way of efficient discharge of duties, a similar situation may arise in the case of a male member. In these days of nuclear families, intercontinental marriages and unconventional behaviour, one fails to understand the naked bias against the gentler of the species." Expressing its opinion on Rule 18 of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, the Court observed: "At the first blush this rule is defiance of Article 16. If a married man has a right, a married woman, other things being equal, stands on no worse footing. This misogynous posture is a hangover of the masculine culture of manacling the weaker sex forgetting how our struggle for national freedom was also a battle against woman's thraldom. Freedom is indivisible, so is justice. That our founding faith enshrined in Articles 14 and 16 should have been tragically ignored vis-à-vis half of India's humanity, viz. our women, is a sad reflection on the distance between Constitution in the book and Law in action. And if the executive as the surrogate of Parliament makes rules in the teeth of Part III, especially when high political office, even diplomatic assignment has been filled by women, the inference of diehard allergy to gender parity is inevitable." Striking down the rules as violating the principle of quality, it was said: "We do not mean to universalize or dogmatise that men and women are equal in all occupations and all situations and do not exclude the need to pragmatise where the requirements of particular employment, the sensitivities of sex or the handicaps of either sex may compel selectivity. But save where the differentiation is demonstrable the rule of equality must govern." In case of Air India v. Nargesh Meerza (1981) 4 SCC 335, Nargesh Meerza filed a writ petition, In this case, the air-hostesses of the Air-India International Corporation had approached the Supreme Court against, again, discriminatory service conditions in the Regulations' of Air-India. The Regulations provided that an air-hostess could not get married before completing four-years of service. Usually an air-hostess was recruited at the age of 19 years and the four-year bar against marriage meant that an air-hostess could not get married until she reached the age of 23 years. If she married earlier, she had to resign and if after 23 years she got married, she could continue as a married woman but had to resign on becoming pregnant. If an air hostess survived both these filters, she 'continued to serve until she reached the age of 35 years. It was alleged on behalf of the air-hostesses that those provisions were discriminatory on the ground of sex, as similar provisions did not apply to male employees doing similar work. The Supreme Court upheld the first requirement that an air-hostess should not marry before the completion of four years of service. The court held that: "It was a sound and salutary provision. Apart from improving the health of the employee it helps a great deal in the promotion and boosting up of our family planning programme." However, this argument given by the Court came in for criticism that as the requirements of age and family planning were warranted by the population policy of the State and once the State had fixed the age of marriage, i.e. 18 years, the reasoning advanced for upholding the rule was a camouflage for the real concern. The Supreme Court struck down the Air-India Regulations relating to retirement and the pregnancy bar on the services of Air-hostesses as unconstitutional on the ground that the conditions laid down therein were entirely unreasonable and arbitrary. The impugned Regulation 46 provided that an air hostess would retire from the service of the corporation upon attaining the age of 35 years or on marriage, if it took place within 4 years of service, or on first pregnancy, whichever occurred earlier. Under Regulation 7, the Managing Director was vested with absolute discretion to extend the age of retirement prescribed at 45 years. Both these regulations were struck down as violative of Article 14, which prohibits unreasonableness and arbitrariness. In Sarita Samvedi v. Union of India 1996 (2) SCC 380, the Supreme Court held invalid a provision of the Railway Board Circular dated 27th December, 1982 which restricted the eligibility of a married daughter of a retiring official for out-of-turn allotment of a house, to situations where such a retiring official had no son or where the daughter was the only person prepared to maintain the parents and the sons were not in a position to do so. This was held to be discriminatory on the ground of sex. Reservations of seats for women in local bodies or in educational institutions have been upheld. The Supreme Court in Govt. of A.P. v. P.B. Vijayakumar 1995 (4) SCC 520,held that reservation to the extent of 30% made in the State Services by the Andhra Pradesh Government for women candidates was valid. The Division Bench of the Supreme Court emphatically declared that the power conferred upon the State by Article 15(3) is wide enough to cover the entire range of State activity including employment under the State. The power conferred by Article 15(3) is not whittled down in any manner by Article 16. In Madhu Kishwar v. State of Bihar (1996) 5 SCC 145, the Supreme Court dealt with the validity of the Chotanagpur Tenancy Act, 1908 of Bihar which denied the right of succession to Scheduled Tribe women as violative of the right to livelihood. The majority judgment however upheld the validity of legislation on the ground of custom of inheritance/succession of Scheduled Tribes. Dissenting with the majority, Justice K. Ramaswamy felt that the law made a gender-based discrimination and that it violated Articles 15, 16 and 21 of the Constitution. In his dissenting judgment he said: "Legislative and executive actions must be conformable to and for effectuation of the fundamental rights guaranteed in Part III, Directive Principles enshrined in Part IV and the Preamble of the Constitution which constitute the conscience of the Constitution. Covenants of the United Nations add impetus and urgency to .eliminate gender-based obstacles and discrimination. Legislative action should be devised suitably to constitute economic empowerment of women in socio-economic restructure for establishing egalitarian social order." 4.2.4 Gender equality becomes elusive in the absence of right to live with dignity. Article 21 Protection of life and personal liberty. “No person shall be deprived of his life or personal liberty except according to procedure established by law. Denial of right of succession to women of Scheduled Tribes amounts to deprivation of their right to livelihood under article 21; Madhu kishwar v. state of bihar, ((1196) 5 SCC 125) In Vishakha v. State of Rajasthan AIR 1997 SC 3011, the Supreme Court, in the absence of legislation in the field of sexual harassment of working women at their place of work, formulated guidelines for their protection. The Court said: "Gender equality includes protection from sexual harassment and right to work with dignity which is a universally recognised basic human right. The common minimum requirement of this right has received global acceptance. In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in articles 14, 15, 19(1}(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein and for the formulation of guidelines to achieve this purpose." 4.2.5 Article 23 prohibits trafficking in human beings and forced labour; Article 23 of the Constitution specifically prohibits traffic in human beings. Trafficking in human beings has been prevalent in India for a long time in the form of prostitution and selling and purchasing of human beings. 23. Prohibition of traffic in human beings and forced labour.— (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. In Gaurav Jain v. Union of India 1997 (8) SCC 114, the condition of prostitutes in general and the plight of their children in particular were highlighted. The Court issued directions for a multi-pronged approach and mixing the children of prostitutes with other children instead of making separate provisions for them. The Supreme Court issued directions for the prevention of induction of women in various forms of prostitution. It said that women should be viewed more as victims of adverse socio-economic circumstances than offenders in our society. 4.3 DIRECTIVE PRINCIPLES OF STATE POLICY However Directive Principles of State Policy are not enforceable in any court of law they are essential in the governance of the country and provide for the welfare of the people, including women. These provisions are contained in Part IV of the Constitution. Fundamental Rights furnish to individual rights while the Directive Principles of State Policy supply to social needs. 4.3.1 Article: 39 certain principles of policy to be followed by the state. The State shall, in particular, direct its policy towards securing – (a) That the citizen, men and women equally, have the right to an adequate means of livelihood; (d) That there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; Article 39(a) directs the State to direct its policy towards securing that citizens, men and women, equally have the right to an adequate means of livelihood. Article 39(d) directs the State to secure equal pay for equal work for both men and women. The State in furtherance of this directive passed the Equal Remuneration Act, 1976 to give effect to the provision. Article 39(e) specifically directs the State not to abuse the health and strength of workers, men and women. 4.3.2 Article: 42 Provision for just and humane conditions of work and maternity relief. — The State shall make provision for securing just and humane conditions of work and for maternity relief. Article 42 of the Constitution incorporates a very important provision for the benefit of women. It directs the State to make provisions for securing just and humane conditions of work and for maternity relief. The State has implemented this directive by incorporating health provisions in the Factories Act, Maternity Benefit Act, Beedi and Cigar Workers (Conditions of Employment) Act, etc. 4.3.3 Uniform Civil Code Article44 Uniform civil code for the citizens.— The State shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India. Article 44 directs the State to secure for citizens a Uniform Civil Code applicable throughout the territory of India. Its particular goal is towards the achievement of gender justice. Even though the State has not yet made any efforts to introduce a Uniform Civil Code in India, the judiciary has recognised the necessity of uniformity in the application of civil laws relating to marriage, succession, adoption, divorce, maintenance, etc. but as it is only a directive it cannot be enforced in a court of law. However, one of the most dynamic members of the Assembly, Shri K.M. Munshi, expressed his opinion that: "if the personal law of inheritance, succession, etc. is considered as a part of religion, the equality of women can never be achieved." 4.3.4. Fundamental Duties Parts IV-A which consist of only one Article 51-A was added to the constitution by the 42nd Amendment, 1976. This Article for the first time specifies a code of eleven fundamental duties for citizens. Article 51-A (e) is related to women. It states that; “It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religion, linguistic, regional or sectional diversities; to renounce practices derogatory to the dignity of women” 4.3.5.Article: 243 D Reservation of seats.(73rd Amendment -w.e.f. 1-6-1993) (1) Seats shall be reserved for— (a) The Scheduled Castes; and (b) the Scheduled Tribes, In every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1)shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) 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 shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens. 4.3.6.Article: 243 T Reservation of seats. (74th Amendment -w.e.f. 1-6-1993) 243T. Reservation of seats.— (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (3) 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 shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens. 4.3.7. Article: 243 G. Powers, authority and responsibilities of Panchayats Read with Eleventh Schedule. 243G. Powers, authority and responsibilities of Panchayats -Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to— (a) The preparation of plans for economic development and social justice; (b) The implementation of schemes for economic development andsocial justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. Chapter-V LEGISLATIVE PROVISIONS 5.0 INTRODUCTION “Women do two third of the world’s work, receive ten percent of the world’s income and own 1 percent of the means of production.” This is the present picture of women workers in the era of globalisation. The International Labour Organization (ILO) in the year 2000, had assessed that significant changes in world economy, such as rapid globalisation, fast-paced technological progress and growing informalisation of work have greatly altered women’s labour market status in recent years. - Richard H. Robbins, Global Problems and culture capitalism, Allyn and Bacon, 1999, p. 354.” Various legislation enactments have been framed to protect, safeguard and promote the interest of women. Many of these legislative enactments have been in the sphere of labour laws to improve the working conditions of women labour. Part-IV of the constitution contains active obligations of the state to secure social and economic freedom which could not be granted at the time when the constitution was framed due to the then prevalent socio-economic conditions. But, equality in wages, is surly not dependent on the existence of suitable economic conditions. 5.1 LEGISLATIVE ENACTMENTS It is necessary to list out the name of the Enactments passed by the Parliament for Empowerment of the Women. Out of them some of the are listed hereunder. Serial No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Name of the Acts Ministry of Women and Child Development The Commission of Sati (Prevention) Act, 1987 Dowry Prohibition Act, 1961 Indecent Representation of Women (Prohibition) Act, 1986 Immoral Traffic (Prevention) Act, 1956 Protection of Women from Domestic Violence Act, 2005 National Commission for Women Act, 1990 The Prohibition of Child Marriage Act, 2006 Juvenile Justice (Care and Protection of Children) Act, 2000 Ministry of Labour & Employment Bonded Labour System (Abolition) Act, 1976 Contract Labour (Regulation & Abolition) Act, 1979 Employees State Insurance Act, 1948 Equal Remuneration Act, 1976 Factories Act, 1948 Inter-state Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 Legal Practitioners (Women) Act, 1923 Maternity Benefit Act, 1961 Minimum Wages Act, 1948 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Child Labour (Prohibition and Regulation) Act, 1986 Payment of Wages Act, 1936 Plantations Labour Act, 1951 Workmen’s Compensation Act, 1923 Beedi & Cigar Workers (Conditions of Employment) Act, 1966 Cine Workers &Cinema Theatre Workers (Regulation of Employment) Act,1981 LEGISLATIVE DEPARTMENT Foreign Marriage Act, 1969 Guardians and Wards Act. 1890 Indian Succession Act, 1925 Married Women’s Property Act, 1874 Hindu Marriage Act, 1955 Hindu Succession Act, 1956 Indian Divorce Act, 1869 Hindu Minority & Guardianship Act, 1956 Hindu Adoption & Maintenance Act, 1956 Special Marriage Act, 1954 Muslim Personal Law (Shariat) Application Act, 1937 Relevant provisions of Indian Evidence Act Converts Marriage Dissolution Act, 1966 Christian Marriage Act, 1872 Ministry of Health & Family Welfare Medical Termination of Pregnancy Act, 1971 Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 40. 41. 42. 43. 44. Ministry of Home Affairs Relevant provisions of Indian Penal Code, 1860 Relevant provisions of Code of Criminal Procedure Department of Justice Family Courts Act, 1984 Department of Mines Mines Act, 1952 5.2 THE EQUAL REMUNERATION ACT, 1976:- It was only in 1976, that the equal Remuneration Act, 1976 a landmark enactment was introduced, which provides for payment of equal to both wages to both men and women worked for the same work, or work of similar nature. The Act also prohibits discrimination against women in the matter of recruitment. Yet, studies reveal that wage differentials still exist, and continue to persist. 5.3THE EMPLOYEES STATE INSURANCE ACT, 1948 AND THE MATERNITY BENEFIT ACT, 1961:- Maternity benefits are provided under the Employees state Insurance Act, 1948 and the Maternity Benefit Act, 1961. A women employee is entitled to maternity benefits for a period of 12 weeks if she worked in the establishment for 160 days in the 12 months immediately preceding her excepted delivery. Various studies have revealed that only a very small percentage of women workers avail of benefit. Further, the Act only protects the payment of maternity benefits. It nowhere prohibits the dismissal of pregnant women. The service rules of some establishments provide for termination of service of women workers on pregnancy. The supreme court had struck down a provision whereby an Air Hostess would have deemed to have retired on pregnancy, as being unconstitutional in the case of Air India v. Nargesh Meerza ibid. 5.4 THE DOWRY PROHIBITION ACT, 1961:- The Dowry Prohibition Act, 1961 was passed to prevent the evil practice of giving and taking of dowry. DOWRY DEATHS Honourable Supreme Courts Held in case of Brijalal v. Premchand 1991 SCC crime 394that; “ ... The degradation of society due to the pernicious system of dowry and the unconscionable demands made by the greedy and unscrupulous husbands and their parents and relatives resulting in an alarming number of suicidal and dowry deaths by women has shocked the legislative conscience to such an extent that the Legislature has deemed it necessary to provide additional provisions of law, procedural as well as substantive, to combat the evil.” Generally religious rule associated with a Hindu marriage is Kanyadaan which means literally, the gift of a virgin. It is recommended in the Shastras that "she" be duly adorned with jewellery and then be gifted away. The meritorious act of dana, however, remained incomplete till the receiver is given dakshina. So when the bridegroom or Vara was given something in cash or kind, along with Kanyadaan, it was Varadakshina. This act was voluntary in nature without any coercive overtones. The implied ideology governing dowry was that it was a means of pre-mortem inheritance for the girl from her parents' wealth. Under the Mitakshara system, a woman was not entitled to a share in the parental wealth and the system of favouring the daughter with handsome dowry seemed to have been introduced to overcome this restriction. By means of growing industrialization breeding the desire to make fast money Dakshina-originally intended to be a token-gained all characteristics of a market transaction. The custom which had its origin in sublime sentiments has now become a curse for the whole of society. The universal form of marriage in the nineteenth century was marriage by purchase. The amount varied with the wealth and position of the families. The coercive element, too, started creeping into the post-and premarriage ceremonial. Juris N. R. Madhav Menon has commented in “The Dowry Prohibition Act: Does the law provide solution or itself constitute the problem Indian Bar Review, Vol. 14(4), 1987” The law, both substantive and procedural, appears to have gone to the farthest limits to facilitate the punishment of guilty and create terror in minds which are criminally inclined. Thus, the legislature has done all it could but the problem remains and perhaps assumes alarming proportions. The law may be adequate but its enforcement is below expectations with a marginal impact in society. A custom consistently followed and increasingly glamourised cannot be wished away by criminal sanctions and legislative contrivances. Law can be ahead of public opinion but, if the gulf is too wide, there is every likelihood of its non-observance and violation.” As rightly pointed by the Supreme Court in the case of Bhagwant Singh v. Commissioner of Police, Delhi 1983 (3) SCC 352: Young women of education, intelligence and character do not set fire to them to welcome the embrace of death unless provoked and compelled o that desperate step by the intolerance of their misery." 5.5THE SUPPRESSION OF IMMORAL TRAFFIC ACT, 1956:- The suppression of immoral traffic act, 1956 more popularly knows as “SITA” was enacted to prohibit exploitation of women with a view to earning money. Subsequently, this Act was renamed as the Immoral Traffic (Prevention) Act, 1956 wherein sexual exploitation and abuse of the female for commercial gain was made punishable. PROSTITUTION: Honorable Supreme Court has observed in the case of Gaurav Jain v. Union of India AIR 1997 SC 3021 2 AIR 1969 Cal 544, “Women found in flesh trade, should be viewed more as victims of adverse socio- economic circumstances rather than as offenders in our society. The commercial exploitation of sex may be regarded as a crime but those trapped in custom-oriented prostitution and gender-oriented prostitution should be viewed as victims of gender- oriented vulnerability.” Mandate under Article 23 of the Constitution is prohibition of trafficking and all forms of exploitation. This was aimed at putting an end to all forms of trafficking in human beings including prostitution and beggary. India being a signatory to the International Convention for the Suppression of Traffic in Persons and Exploitation, 1950 passed a Central law to implement the provisions of the convention. The 64th Law Commission Report5.8 stated that prostitution could not be banned totally. . . . "Law in every country has tried to regulate it so that it may be kept within its legitimate bounds without unduly encroaching upon the institution of marriage and family." Despite the fact that there were a number of local Acts in force in the country they were neither effective nor uniform. In 1956, the Immoral Traffic in Women and Girls Act known as SITA, was passed. The basic objective of SITA was to punish brothel keepers, procurers and pimps and to prevent prostitution in or in the vicinity of public places. The Act was amended in 1978 and more recently in 1986 and is now titled "The Immoral Traffic (Prevention) Act". It is applicable to both men and women. It provides more stringent penalties, particularly with reference to offences against children and minors. It provides that the special police officer/trafficking police officer making a search shall be accompanied by at least two women police officers and a woman/girl would be interrogated only by a woman police officer and on their non-availability, in the presence of a social worker. The bonafides of those coming forward to take custody of the rescued victim must now be investigated by a recognised welfare institution or organisation before she is released. Provision is made for Police Officers to deal with offences of interstate consequence when dealing with trafficking. Compulsory medical examination of those rescued and their rehabilitation are also provided for. In Shefali Banerjee v. State it was held that the Act is a measure to eradicate a social evil in pursuance of the International Convention signed at New York in May 1950. This is a social legislation with a double objective, both penal and ameliorative, and the legislature not only wanted prostitution to be stopped but also to provide for the rehabilitation of prostitutes. In Vishal Jeet v. Union of India {(1990) 3 SCC 3185.10, the court held that the Act deals with not only a social but also a socio-economic problem. Therefore, the provisions of the legislation are more preventive than punitive. 5.6 THE SATI PREVENTION ACT, 1987 The central government passed the Sati Prevention Act, 1987 for prevention of the commission of “sati” and its glorification. This enactment came to be passed after the Roop Kanwar case in Rajasthan, when a young widow was burn alive as a “Sati”. 5.7 THE PRE-NATAL DIAGNOSTIC (PREVENTION) ACT, 1994 Another landmark enactment is the Pre-Natal Diagnostic (Prevention) Act, 1994 which prohibits the use of pre-natal techniques for the purposes of sex determination. Despite the said enactment having been passed, the tests still continue to take place. The only difference being that they have become more surreptitious. This has come to light from the recent news reports in Patiala, in Punjab, where female foetuses in large numbers were foud drowned in a well adjoining a nursing home. 5.9 PROTECTION OF WOMEN FROM SEXUAL HARASSMENT AT WORK PLACE Image 5.1 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013  The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. "The Sexual Harassment Bill undermines the innovative spirit of Vishaka" Naina Kapur, Lawyer and Equality Consultant". Bar and Bench. 1 March 2013  The Bill got the assent of the President on 23 April 2013.  The Act came into force from 9 December 2013. This statute superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India. It was reported by the International Labour Organization that very few Indian employers were compliant to this statute. Most Indian employer's have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it. The government has threatened to take stern action against employers who fail to comply with this law  DNA September 18, 2014 (2014-09-18). "Serious legal action against organisations without a sexual harassment committee, says Maneka Gandhi". DNA. Preamble and background The introductory text of the Act is: An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace. Background and provisions According to the Press Information Bureau of the Government of India: The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth. Press Information Bureau, Government of India (4 November 2010). Protection of Women against Sexual Harassment at Workplace Bill, 2010 The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka v. State of Rajasthan (1997).  Chakrabarty, Rakhi (4 September 2012) "Sexual harassment at workplace Bill passed". Times of India. Article 19 (1) g of the Indian Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. Vishaka v. State of Rajasthan 1997 (6) SCC 241established that actions resulting in a violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.  Lawyer's Collective, Sexual harassment of women at workplace bill 2012 passed by Lok Sabha Under the Act, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees. The legislative progress of the Act has been a lengthy one. The Bill was first introduced by women and child development minister Krishna Tirath in 2007 and approved by the Union in January 2010 and was finally passed by the Lok Sabha on 3 September 2012. The Bill was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. It received the assent of the President of India and was published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd April 2013 as Act No. 14 of 2013. Major Features The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges. The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well. While the “workplace” in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.  Nishith Desai Associates, Veena Gopalakrishnan, Ajay Singh Solanki and Vikram Shroff, India s new labour law - prevention of sexual harassment at the workplace, Lexology, 30 April 2013 The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level. The Complaints Committees have the powers of civil courts for gathering evidence. The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to  50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.  New York Daily News (3 September 2012). "Lok Sabha passes bill against sexual harassment in the workplace" Criticism Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member for West Bengal initially complained that the Bill does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers who are the single largest female component of work force in the country."[10] However, the final bill includes the clause "No woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to have addressed those concerns.[19] In the May 2012 draft Bill, the burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences.[18]  Compliance to this statute has so far been left to the vagaries of the employers and government has not taken any significant step to enforce the law so far. For example, 6 months after the law came into effect, the state in UP remained dreadful as women could not participate in the workforce due to sexual harassment.[23] BHANWARI DEVI CASE: The right to bodily integrity is encompassed in the right guaranteed by article 21 of the constitution of India, which guarantees the right to life and liberty. In 1992, Bhanwari Devi, a “sathin” working for the women’s Development Programme of Rajasthan, tried to persuade a Gujjar Family not to get their one year old daughter married. To wreak vengeance, five upper-caste men gang raped Bhanwari. The police refused to register the F.I.R. and observed that the compliant was false since she was too old and unattractive to be raped. However, pressure from women’s organization and activist groups compelled the Government to ask for a probe by the C.B.I. which found all Bhanwari’s allegation to be true. The trial began in 1992. The trial court exonerated the accused of the charges of rape in as much as “upper caste men, including Brahmin would not rape women of lower cast”. In early 1996, women’s organizations, C.B.I. and the Rajasthan Government Filed an appeal in the High Court against acquittal. The appeal has been pending for over 10 years now. Bhanwari’s wait for justice continues! Bhanwari’s case provoked women’s organizations to file a public interest petition before the Supreme Court, praying fro directions to protect women from sexual harassment in the work place since there is no codified law on the subject. VISHAKHA CASE: The Supreme court , while exercising powers under Art. 141 of the constitution of India, moved to fill in the vacuum by framing guidelines with respect to sexual harassment at the work place in the case of Vishakha and others v. state of Rajasthan and others 1997 (6) SCC 241a landmark Judgment which recognizes the right of women to work with human dignity. Sexual harassment of working amount to violation of the rights to equality and right to life and liberty, and hence is violation of the right to practice any profession, occupation or trade under Article 14, 15, 19(1) (g) and 21 of constitution. The Supreme Court defined the term “sexual harassment’ in include such “unwelcome sexually determined behaviour (Whether directly or by implication) as: Physical contact and advances: Demand or request for sexual favours; Sexually coloured remarks; Showing pornography  Any other unwelcome physical, verbal or non-verbal conduct or sexual nature.” The law laid down in Vishaka, was applied in the case of Apparel Exports Promotion v. A.K. Chopra  AIR 1999 SC 625, wherein the Supreme Court upheld the dismissal of a superior officer in the Delhi-based Apparel Export Promotion Council, was found guilty of sexual harassment of a employee at place of work. The court held that the dignity and honour of a female is to be preserved, and cannot be compromised nor any debate be admitted on this topic. 5.10 SUCCESSION & MAINTENANCE Inheritance 5.10.1 That during the last 70 years, various legislative amendments have been effected so as to provide gender justice in property rights to Hindu women. In 1937, the Hindu Women Rights to Property Act, 1937 was enacted which provided equal share to the wife when partition was effected joint Hindu family property. Women’s rights to inheritance are limited and frequently violated. In the mid-1950s the Hindu personal laws, which apply to all Hindus, Buddhists, Sikhs and Jains, were overhauled, banning polygamy and giving women rights to inheritance, adoption and divorce. The Muslim personal laws differ considerably from that of the Hindus, and permit polygamy. Despite various laws protecting women’s rights, traditional patriarchal attitudes still prevail and are strengthened and perpetuated in the home. Under Hindu law, sons have an independent share in the ancestral property. However, daughters’ shares are based on the share received by their father. Hence, a father can effectively disinherit a daughter by renouncing his share of the ancestral property, but the son will continue to have a share in his own right. Additionally, married daughters, even those facing marital harassment, have no residential rights in the ancestral home. Even the weak laws protecting women have not been adequately enforced. As a result, in practice, women continue to have little access to land and property, a major source of income and long-term economic security. Under the pretext of preventing fragmentation of agricultural holdings, several states have successfully excluded widows and daughters from inheriting agricultural land. 5.10.2 That with the passing of the Hindu Succession Act, 1956 it provided for the first time that daughter would have an equal right of inheritance in the father’s self-acquired property. However, it did not apply to ancestral property which was governed by the concept of Mitakshara coparcenaries property. The Hindu coparcenaries did not include a female member of the family. The legislature has now passed a further amendment to S.6 of the Hindu Succession Act on September 9, 2005 whereby daughters have an equal right in coparcenary property, as that of a son. Dowry and presents received at the time of marriage are the exclusive property of a married women, and do not become the joint property of both the spouses. The Supreme Court held in the case of Pratibha Rani v. Suraj Kumar AIR 1985 SC 628 that refusal to return Stridhan of the wife, amounts to criminal breach of trust, and can be prosecuted under S.406 IPC 5.10.3 The jurisdiction clause in the Hindu Marriage Act, 1955 was amended whereby in S.19 clause (iii)(a) was incorporated, so as to provide that where a wife is a petitioner, then the place where she is residing on the date of the presentation of the petition, the district court of the such place would also be a Court of competent jurisdiction. 5.10.4 Section 18(2) of the Hindu Adoption and maintenance Act, 1955 It provides that a wife can live separately from the husband, and still claim maintenance if the husband is guilty of cruelty, bigamy, desertion etc. 5.10.5 Section 24 the Hindu Marriage Act, 1955 provides that a spouse liable to be maintained during the pendency of the proceedings before the court if he/she does not have sufficient independent source of income. S. 25 of provides that the dependent spouse can claim for permanent alimony and maintenance from the other spouse. 5.10.6 Section 125 of the Criminal Procedure Code, 1973 gives effect to the natural duty of a man to maintain his wife, children and parents. This is a legal obligation of his being a husband or father. The provisions of sections 125 of Cr. P. C. are equally applicable to spouse of all religions, except Muslims. However, now the ceiling of Rs. 500 is removed, and under Section 125 of the Code parties may pursue both criminal and civil proceedings simultaneously as there is no legal bar to it. That the courts have normally been following the norm that the husband is required to pay maintenance which is generally 1/3rd of his income or salary to his wife and child, unless the wife has her account before deciding the amount of inheritance rights. 5.11 CRIMINAL PROCEDURE CODE The fight by various women's organizations for reforms of the law of rape revolved around many issues. One of the ardent demands was for in camera trials. Section 327 of the Code of Criminal Procedure, 1973, stipulates that a trial should be in an open court where the general public should have access to it. A majority of rape cases went unreported because of this section of the CrPC. In a number of cases, the trauma of humiliation in the process of cross-examination was unbearable. Also in certain cases, the projection of rape victims as offenders by glamorizing the offender and romanticising the victim cast aspersion on the victim. In such cases a balance had to be maintained between freedom of speech and expression and preserving the dignity of woman as well as giving a fair trial. 5.12 THE LAW COMMISSION IN ITS 84TH REPORT LAW COMMISSION OF INDIA ,ONE HUNDRED AND SEVENTY SECOND REPORT ON REVIEW OF RAPE LAWS MARCH, 2000 :D O.No.6(3)(36)/2000_LC(LS)March 25, 2000: It went into various questions relating to "Rape and its Allied offences: Some questions of Substantive Law and Procedure". The Commission weighed the pros and cons of the demand for an in camera trial in the light of the fact that an open court is an essential ingredient of a fair trial but at the same time recommended an amendment in Section 327, CrPC. The government drafted the Criminal Law (Amendment) Bill, 1980 on the basis of the Law Commission's recommendations and in 1983, publishing or making known the identity of a rape victim became an offence under Section 228-A of the Indian Penal Code, 1860. Section 228-A thus prevents social victimisation or ostracism of the victim of a sexual offence. In R. Lakshmi Pathi v. S. Ramalingham  1998 (104) CRLJ 3683., the accused was alleged to have revealed the name of the rape victim in their newspaper for which the complaint was filed. It was held that the complaint was valid but the publisher was exonerated as publication was at the instance of a recognised welfare institution. 5.13 EVIDENCE ACT By insertion in the Criminal Law (Amendment) Act, 1983 of Section 114-A, the recommendation of the Law Commission's 84th report was implemented. The Law Commission devoted an entire chapter to matters pertaining to the law of evidence. They justified this special interest by saying that although generally rules of evidence occupy a subordinate position in legal literature; so far as the offence of rape is concerned they were of vital importance: "When one views the matter exclusively from the point of view of the victims, the difficulties which confront a woman who alleges she has been raped, become apparent. First, she must convince the police, then be subjected to medical examination and finally undergo an embarrassing and humiliating cross-examination in court. In rape cases, evidence about the victims past sexual or gynecological experience is presumed to have a bearing on the outcome of the trial." Want of consent is one of the cardinal' elements in the offence of rape under Section 376, IPC. It is often very difficult to prove it. Given the fact that almost never there are any eyewitnesses, the evidence is unavoidably circumstantial. Marks of resistance on the body of victim are one such set of circumstances that form the evidence. But, the Commission pointed out, there may be no marks of physical injury at all. As the case law developed there was a firm tendency to regard marks of physical injury resulting from a struggle as the only proof of want of consent. The Law Commission therefore recommended a new Section 114-A to be inserted under the Indian Evidence Act which runs as follows: "In a prosecution for rape under clause (a) to clause (f) of sub-section (2) of Section 376 of IPC (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent." 5.14 THE HINDU WOMEN'S RIGHTS TO PROPERTY ACT, 1937 Subject matter of succession of the property falls within the sphere of personal laws which are different for different religions. For a long time these remained un-codified, giving rise to conflicting interpretations. As society was male dominated the laws of succession with respect to women were given customary shades to prevent them from having full ownership. Now, most of the laws relating to succession have been codified though they still lack uniformity. Different personal laws exist but the law relating to testamentary succession is contained in the Indian Succession Act, 1925, and is applied uniformly. Property held by a woman before codification in 1956 could be divided into two categories according to the source from which property was inherited- (i) Stridhan or property of which she is the absolute owner, (ii) Non-stridhan or the women's estate or the property of which she is the limited owner. Under the Hindu Women's Rights to Property Act, 1937, greater rights were conferred on women, i.e. rights of inheritance to their husband’s property, even where the husbands left male issue. Rights were also conferred on the widow of a deceased coparcener but the interest was only a limited interest. Section 14 of the Hindu Succession Act, 1956, removed the disability of female to acquire and hold property as an absolute owner and to convert limited ownership into absolute estate so that equality could be conferred on women. Let us study the different kinds of property held by a woman and the changes brought by the codification of laws of the succession. It will be necessary to throw light on the perception of two major Hindu schools, i.e. Mitakshara and Dayabhaga. The Hindu Woman's Right to Property Act, 1937, conferred on the widow of a Hindu and his widowed daughter-in-law and granddaughter-in-law entitlement to inherit his estates, not only in default of but along with his male issues. Their shares were stated in the Act. The widow of a deceased coparcener succeeded, in a Mitakshara family, to his interest in the coparcenary property whether her husband had left a male issue or not. The Act thus defeated the right of survivorship of his collaterals. The interest devolving on a Hindu widow in the above case was limited interest known as a Hindu woman's estate. 5.15 HINDU SUCCESSION ACT, 1956 After the enactment of the Hindu Succession Act, 1956, the discrepancies in various schools were abolished, and so was the concept of a woman's limited estate in respect of property not acquired or possessed under a will, gift, award, document or a decree of the court prescribing limited estate. After the passing of the Act, whatever property was possessed by her in a lawful manner, whether acquired before or after commencement of the Act, became her absolute property and she became the absolute owner. The object of Section 14 of the Act was twofold: (i)...... to remove the disability of a female to acquire and hold properties an absolute owner; (ii)...... to convert any estate already held by women on the date of commencement of the Act as a limited owner into an absolute estate. Section 14 of the Act states: Property of a female Hindu to be her absolute property.- (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.-In this sub-section, 'property' includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acqured by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property." This section first deals with property possessed by a female Hindu on the date commencement of this Act, with some interest in the property and, secondly, property acquired by her either before or after the commencement of this Act. It is early laid down in the Act that all such property will be under her absolute or full ownership and not as a limited owner. However, an exception has been laid out in clause (2) that of a property acquired by her as gift or will or any decree of court prescribing only a restricted estate in such property. Sub-section (1) of Section 14 has the following ingredients: This section applies to a Hindu female, (i) Who acquired property with limited rights or as stridhana; and (ii) Who is in possession either actually or constructively. When the above conditions are fulfilled the female gets absolute rights in the said property on the date of commencement of the Act. Section 14 is retrospective insofar as it enlarges a Hindu woman's limited estate into an absolute estate even with regard to property inherited or held by her as limited owner at the time when the Act came into force. Where a female Hindu acquired property by inheritance she did so only as a qualified owner. Where the husband died after the Hindu Women's Rights to Property Act, 1937, the widow's limited estate became her absolute estate under Section 14(1) of the Hindu Succession Act. The property, if given in lieu of maintenance falls within the scope of Section 14(1) as the right of maintenance of a Hindu female in the family is a pre-existing right. 5.16  Law Commission of India 174th report on ‘Property Rights of Women: Proposed Reforms under the Hindu Law’, May 2000THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 This act came into enforce for amendment of the Hindu Succession Act, 1956. This act is enacted by Parliament in the Fifty-sixth Year of the Republic of India. Sub-section (2) of the section 4 of the Hindu Succession Act, 1956 (30 of 1956) is omitted Section 6 provides Devolution of interest in coparcenary property.-which runs as under; (1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) By birth become a coparcener in her own right in the same manner as the son; (b) Have the same rights in the coparcenary property as she would have had if she had been a son; (c) Be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004. (2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition. (3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,- (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre- deceased son or a pre-deceased daughter, as the case may be. Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect- (a) The right of any creditor to proceed against the son, grandson or great- grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004. Explanation.- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court. It is further amended by Omission of section 23, 24 and by the section 30 power to dispose the property is given to women also. 5.17 MISRA S.N, Labour and Industrial Laws, Central Law Publications, Edition 25th 2009, Reprint 2010 EQUAL REMUNERATION ACT, 1976 It was only in 1976, that the equal Remuneration Act, 1976 a landmark enactment was introduced, which provides for payment of equal to both wages to both men and women worked for the same work, or work of similar nature. The Act also prohibits discrimination against women in the matter of recruitment. Yet, studies reveal that wage differentials still exist, and continue to persist. The problem faced by women in the sphere of employment is inequality in wages and discrimination resulting from their biological role of childbearing. This problem was demarcated by the legislature and led to the enactment of Acts like the Equal Remuneration Act, 1976 and the Maternity Benefit Act, 1961. The Equal Remuneration Act, 1976 was passed to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the grounds of sex, against women in the matter of employment and for matters connected therewith or incidental thereto. The Statement of Objects and Reasons for passing the Equal Remuneration Act, 1976 is as follows- (1) Article 39 of the Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. To give effect to this constitutional provision, the President promulgated on 26th September, 1975 the Equal Remuneration Ordinance, 1975 so that the provisions of Article 39 of the Constitution may be implemented in the year which is being celebrated as the International Women's Year. The Ordinance provides for payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the grounds of sex. (2) The Ordinance also ensures that there will be no discrimination against recruitment of women and provides for the setting up of Advisory Committees to promote employment opportunities for women. Parity in wages is one of the major components of service law jurisprudence which has evolved over the years. It was rightly pointed out that "while one may appreciate the fact that a country which has just attained freedom and which has been so long under foreign rule may not be able to implement the provision of adequate means of livelihood for all citizens" or that "ownership and control of national resources of the community are so distributed so as best to subserve the common good" but if two workers are doing the same work, why should they be paid different wages. Surely this does not in any way depend on the resources available or on the sex of the worker. The complacency of the government towards this issue vital to women is further reflected in the fact that though India had ratified the Equal Remuneration Convention of International Labour Organization in 1958, it honoured the promise of equal pay only in 1975 when the Equal Remuneration Ordinance was promulgated to commemorate the International Women's Year. The Act covers workers in any establishment or employment and extends to the whole of India. The Act does not apply in certain special cases, for example in so far as the terms and conditions of women's employment are affected by any compliance with any other law regulating the employment of women or wherein any special treatment is accorded to women in connection with the birth or expected birth of a child, then to the extent to which such special treatment is given. Similarly, where the terms and conditions relating to retirement or death or any provision regarding marriage or death are given special treatment the Act will not apply. Subject to these, the provisions of this Act have an overriding effect on the terms of any award or agreement or contract of service made before or after the commencement of the Act. Remuneration Section 2(g) of the Equal Remuneration Act defines remuneration as the basic wage or salary and any additional emoluments, either in cash or kind, payable to a person in respect of employment or work done in such employment. Equal Work Section 2(h) of the Act defines such work as "work in respect of which skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment". Employer's duty The main provisions of the Act are to be found in Section 4 which casts a duty on the employer to pay equal remuneration to men and women for the same work or for work of a similar nature. It, inter alia, says: (1) No employer shall pay to any worker, employed by him in any establishment or employment, remuneration, whether payable in cash or kind, at rates less favourable than those at which remuneration is paid by him to workers of the opposite sex in such establishment or employment for performing the same work, or work of a similar nature. (2) No employer shall, for the purpose of complying with the provisions sub- section (1), reduce the rate or remuneration of any worker. (3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates) of such rates shall be payable on and from such commencement to such men and women workers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act." The deciding factor in cases of equal wages is the "same or similar work" principle. However this principle leads to adoption of indirect means for fixing lower wages for women like dividing the jobs into Grade I and Grade II and then employing women in the lesser grade, thus overriding the equal remuneration provision. According to Section 5 of the Equal Remuneration Act, no employer shall, while making recruitment for the same work or work of a similar nature, make any discrimination against women unless employment of women is prohibited or restricted by any law. Thus in the matter of recruitment or any condition of service subsequent to recruitment such as promotions, training or transfer the employer is prohibited from making a discrimination against women only on grounds of sex. This prohibition is similar to the one contained in- Article 16(1) of the Constitution. Section 10 of the Equal Remuneration Act, 1976 prescribes penalties for omissions on the part of employers or doing acts contrary to the Act, while Section 11 deals with offences by companies. 5.18 MATERNITY BENEFIT ACT, 1961 On maternity protection, international attention, of the world community was attracted when the first Maternity Protection Conference was convened in 1919 by the International Labour Organization. In this, matters relating to maternity leave, economic benefits during absence from work, leave for bringing up children and non-termination of service during pregnancy and immediately after delivery were deliberated upon and a resolution passed. The resolution of this convention was amended in 1952 which increased maternity leave, economic benefits and added some more benefits to the mothers of new- born children. The fact that motherhood requires special care and attention is reflected in Article 25(2) of the Universal Declaration of Human Rights, 19485.16 which says: "Motherhood and childhood are entitled to special care and assistance. All children whether born in, or out of, wedlock, shall enjoy the same social protection." In the sixtieth session of the International Labour Organisation5.17 held in 1975, emphasis was laid on the need to make maternity protections more adequate in the following spheres: (a) Extension of maternity protection to new categories of women workers; (b) Extension of the period of statutory or prescribed maternity leave; (c)More liberal provision for extended or extra leave during the child's infancy; (d) Higher rates of maternity benefits; (e) More effective protection against dismissal during pregnancy and after confinement; (f) Greater encouragement of breast feeding and wider provision of nursing breaks for mothers; (g) More adequate attention to the safety and health of women during pregnancy and lactation; (h) Establishment by social security schemes or public bodies of day nurseries to care for infants and children of working parents. Keeping in view the convention of the International Labour Organisation and the fact that there was a need for providing maternity benefits, Article 42 of the Constitution directs the State to makes provision for maternity relief. In pre-Independent India, in 1941 the Mines Maternity Benefit Act was passed. This Act was applicable to only those women who were working in mines. In 1948 the provision for maternity benefit was made under the Employees State Insurance Act and in 1951 under the Plantations Labour Act. Some State legislation also provided for maternity benefit. The scope of qualifying conditions for payment, the rate and period of benefit was not uniform under these Acts, therefore in 1961 the Maternity Benefit Act was enacted to remove these disparities and to have uniform rules. In order to reduce the disparities relating to maternity provisions under the various State and Central Acts referred to above, the Central Government enacted a new Act, called the Maternity Benefit Act in 1961. By the end of the year 1972, the Act was extended to the whole of the Indian Union. It applies to every establishment belonging to the Government except those factories or establishments to which provisions of the Employees' State Insurance Act, 1948 are applicable. It applies to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances. It repealed the Mines Maternity Benefit Act, 1941, and the Bombay Maternity Benefit Act, 1929. The State Governments have been empowered to extend all or any of the provisions of this Act to any other establishment or class of establishments, industries, commercial, agricultural or otherwise, with the approval of the Central Government by giving not less than two months notice of its intention of so doing. A women employee is entitled to maternity benefits for a period of 12 weeks if she worked in the establishment for 160 days in the 12 months immediately preceding her excepted delivery. Various studies have revealed that only a very small percentage of women workers avail of benefit. Further, the Act only protects the payment of maternity benefits. It nowhere prohibits the dismissal of pregnant women. The service rules of some establishments provide for termination of service of women workers on pregnancy. This Act was brought into force in Mines with effect from 1-11-1973 after repealing the Mines Maternity Benefit Act, 1941. In regard to establishments other than Mines all the State Governments of Union Territories, Jammu and Kashmir, Nagaland, U.P. and Delhi have adopted the Central Act after repealing their State Acts. The Maternity Benefit Act, 1961, has been passed to regulate the employment of women in certain establishments for certain periods before and after childbirth and to provide for maternity benefit and certain other benefits. This is a very significant piece of labour legislation exclusively devoted to working women in factories, mines, plantations and establishments wherein persons are employed for the exhibition of equestrian, acrobatic and other performances. Some of the important provisions of this Act are being given here briefly. Section 2 of the Act contains definitions of certain terms and expressions used in the various provisions of the Act, such as child, delivery, employer, establishment, factory, mine, plantation, wages, etc. Section 4 of this Act prohibits employment or work by women under certain circumstances. It provides that: (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage or medical termination of pregnancy; (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery or miscarriage or medical termination of pregnancy; (3) No pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period as specified in Section 4(4)any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect/her health; (4) The period referred to above shall be: (a) The period, one month immediately proceeding the period of six weeks, before the date of her expected delivery, (b) Any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under Section 6 of this Act. Under the provisions of this section a pregnant woman has been given protection in order to protect her health as well as to avoid any interference which may be detrimental to the sound development of the unborn child. It may be noted that even on a request from a pregnant woman, she shall not be given any work of the above nature, i.e. which is likely to cause interference with her pregnancy, normal development of foetus or likely to cause her miscarriage or otherwise to adversely affect her health. Thus effective safeguards have been provided for sound development of the child and the maintenance of health of the mother. Under Section 5-A of the Maternity Benefit Act, 1961 every woman entitled to the payment of maternity benefit under this Act shall, notwithstanding the application of the Employees' State Insurance Act, 1948 to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under Section 50 of that Act. It has been provided under Section 7 of this Act that if a woman, entitled to maternity benefit or any other amount under this Act, dies before receiving such maternity benefit or amount, it shall be paid to her nominee as indicated in the notice given by her under Section 6 of the Act and in case there is no such nominee, it shall be paid to her legal representative. Payment of medical bonus: Under Section 8 of this Act, every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of two hundred and fifty rupees, if no prenatal confinement and postnatal care is provided by the employer free of charge. Leave for miscarriage: As per Section 9 of this Act, in case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of two weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. Leave with wages for tubectomy operation: Section 9-A of this Act provides that in case of a tubectomy operation, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of two weeks immediately following the day of her tubectomy operation. Leave for illness arising out of pregnancy, etc: Section 10 of this Act provides that a woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage, medical termination of pregnancy or tubectomy operation shall, on .production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under Section 6, or, as the case may be, under Section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. Nursing breaks: Under Section 11 of this Act, every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed, in the course of her daily work, two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months. Prohibition of dismissal during absence or pregnancy. As per the Section 12 of the Maternity Benefit Act, 1961 (1) When a woman absents herself from work, her employer will not discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal. No deduction of wages Under Section 13 of this Act, no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Act shall be made by reasons only of: (a) the nature of work assigned to her by virtue of the provisions contained in Section 4(3) concerning prohibition of assignment of work of arduous nature, or (b) breaks for nursing the child allowed to her under the provisions of Section 11. 5.19 THE EMPLOYEES' STATE INSURANCE ACT, 1948 The object of the Employees' State Insurance Act, 1948 is to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters like funeral expenses, dependants' benefit, medical benefit and disablement benefit. The main object of the Act is to evolve a scheme of socio-economic welfare, making elaborate provisions in respect of it. This Act extends to the whole of India. The provisions of this Act apply, in the first instance, to all factories including factories belonging to the Government other than seasonal factories. The Central Government in consultation with the Employees' State Insurance Corporation or the State Government with the approval of the Central Government may extend different provisions of the Act or any of them to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. But for any such extension of the provisions the appropriate Government has to give six months' notice. Benefits given under the Act The Employees' State Insurance Act, 1948, one of the most important social legislations in India, has been enacted to provide for various benefits in different contingencies. As per this Act, insured women workers get sickness benefit, disablement benefit, dependants' benefit, medical benefit and funeral expenses along with insured men workers. In addition to the above benefits insured womenworkers also get maternity benefit. The Act states: Section 46 (b) "Periodical payments to an insured woman in care of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such women being certified to be eligible for such payments by an authority specified in this behalf by the regulations, is hereinafter referred to as Maternity Benefits." Maternity benefits when payable? The maternity benefit is payable for: 1. Confinement 'Confinement' has been defined under Section 2(3) of this Act. According to this section, confinement means labour resulting in the issue of a living child. or labour after 26 weeks of pregnancy resulting in the issue of a child whether alive or dead. 2. Miscarriage According to Section 2(14-B) of the ESI Act, 1948, Miscarriage means the expulsion of the contents of a pregnant uterus at any period prior to or during the 26th week of pregnancy but does not include any miscarriage the causing of which is punishable under the Indian Penal Code. 3. Sickness arising out of pregnancy, confinement, premature birth of child or miscarriage The ESI Scheme provides special protection to working women in industrial establishments to which the provisions of this Act apply for maintenance of their health and that of their newly-born child. Sickness arising out of pregnancy, confinement, premature birth of child or miscarriage entitles an insured woman, in addition to maternity benefit payable to her under any provisions of this Act, for all days on which she does not work for remuneration, to maternity benefit at the rates specified. 4. Death Sometimes it so happens that an insured woman dies during her confinement or during the period of 6 weeks immediately following her confinement for which she is entitled to maternity benefit. It may happen that she may expire leaving behind the surviving child and sometimes it may happen that both child and mother expire. In all such contingencies an insured woman is entitled to maternity benefit. Maternity benefits Under Section 50 of the ESI Act, 1948, the qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be or such 'as may be prescribed by the Central Government. The Central Government made the Employees' State Insurance (General) Regulations, 1950 in exercise of powers conferred by Section 97 of the ESI Act, 1948. Some important regulations are related to the maternity benefit provided to the insured working woman. 1. Regulation 87: (Notice of Pregnancy) Under this regulation, an insured woman, who decides to give notice of pregnancy before confinement, shall give such notice in Form 19 to the appropriate Local Office by post or otherwise and shall submit, together with such notice. a certificate of pregnancy in Form 20 given in accordance with these regulations on a date not earlier than seven days before the date on which such notice is given. 2. Regulation 88: (Claim for Maternity Benefit commencing before Confinement) According to Regulation 88 of the ESI (General) Regulations, 1950, every insured woman claiming maternity benefit before confinement shall submit to the appropriate Local Office by post or otherwise: (i) a certificate of expected confinement in Form 21 given in accordance with these regulations, not earlier than fifteen days before the expected date of confinement; (ii) a claim for maternity benefit in Form 22 stating therein the date on which she ceased or will cease to work for remuneration; and (iii) Within thirty days of the date on which her confinement takes place, A certificate of confinement in Form 23 given in accordance with these regulations. 3. Regulation 89: (Claim for Maternity Benefit only after Confinement or for Miscarriage) Under this regulation, every insured woman claiming maternity benefit for miscarriage shall within 30 days of the date of the miscarriage, and every insured woman claiming maternity benefit after confinement, shall submit to the appropriate office by post or otherwise a claim for maternity benefit in Form 22 together with a certificate of confinement or miscarriage in Form 23 given in accordance with these regulations. 4. Regulation 89-A: (Claim for Maternity Benefit after the Death of an Insured Woman leaving behind the Child) As per Regulation 89-A, for the purposes of the proviso to sub-section (2) of Section 50 of the Act, the person nominated by the deceased insured woman in Form 1 or in such other Form as may be specified by the Director-General in this behalf or, if there is no such nominee, her legal representative shall submit to the appropriate office by post or otherwise a claim for maternity benefit, as may be due, in Form 24-A within 30 days of the death of the insured woman together with a death certificate in Form 24-B given in accordance with these Regulations. 5. Regulation 89-B: (Claim for Maternity Benefit in case of Sickness arising out of Pregnancy, Confinement, Premature Birth of Child or Miscarriage) Under this regulation: (1) Every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, shall submit to the appropriate office by post or otherwise a claim for benefit in one of the Forms 12-A, 13 and 13-A appropriate to the circumstances of the case together with the appropriate medical certificate in Form 8, 9, 10 or 11, as the case may be, given in accordance with these regulations. (2) The provisions of Regulations 55 to 61 and 64 shall, so far as may be, apply in relation to a claim submitted and a certificate given in accordance with this Regulation as they apply to certification and claims under those Regulations. 6. Regulation 90: (Other evidence, in lieu of a Certificate) Under this Regulation, the Corporation may accept any other evidence in lieu of a certificate of pregnancy, expected confinement, confinement, death during maternity, miscarriage or sickness arising out of pregnancy, if, in its opinion, the circumstances of any particular case so justify. 7. Regulation 91: (Notice of work for remuneration) According to Regulation 91, except as provided in Regulation 89-B, every insured woman who has claimed maternity benefit shall give notice in Form 24 if she does work for remuneration on any day during the period for which maternity benefit would be payable to her but for her working for remuneration. 8. Regulation 92: (Date of payment of Maternity Benefit) Regulation 92 states that maternity benefit shall be payable from the date it is claimed, provided that such date does not precede the expected date of confinement by more than forty-two days and that no work is undertaken by an insured woman for remuneration during her leave period. 9. Regulation 93: (Disqualification for Maternity Benefit) According to this Regulation, an insured woman might be disqualified for receiving maternity benefit if she fails, without good cause, to attend, or to submit herself to, medical examination when so required; and such disqualification shall be for such numbers of days as may be decided by the Authority authorised by the Corporation in this behalf. However, a woman may refuse to be examined by a person other than a female doctor or midwife. 10. Regulation 94: (Authority which may issue certificate) Under Regulation 94, no certificate required under any of the Regulations 87 to 89-B shall be issued except by the Insurance Medical Officer to whom the insured woman has or had been allotted or by an Insurance Medical Officer attached to a dispensary, hospital, clinic or other institution to which the insured woman is or was allotted; and such Insurance Medical Officer shall examine her, and, if, in his opinion the condition of the woman so justifies, or in the case of death of the insured woman or the death of the child is satisfied about such death, issue to such insured woman or, in case of her death, to her nominee or legal representative, as the case may be, free of charge any such certificate when reasonably required by such insured woman or her nominee or legal representative, as the case may be, under or for the purposes of the Act or any other enactment or these Regulations. 5.20 FACTORIES ACT, 1948 In India the first Factories Act, 1881 was passed to protect children and to provide for a few measures for the health and safety of workers. The subsequent Act and finally the Act of 1948 aim to consolidate and amend the law and regulate labour in factories. This Act is complete from all points of view and implements several provisions of international conventions like the ILO's Code of Industrial Hygiene and periodical examination of young persons. The Act makes detailed provisions regarding health, safety and welfare of workers. Separate provisions are made for employment of young persons. Exclusive provisions have been made for employment of women in Factories. Thus, the Factories Act is a labour welfare enactment codified with a view to regulate working conditions in factories and to provide health, safety and welfare measures. The Act also protects workers from being subjected to unduly long hours of strenuous or manual labour. Provisions for welfare of Women The Factories Act, 1948 contains some provisions especially for the welfare of women. They are: 1. Prohibition of woman's employment near Cotton-openers Section 27 of the Factories Act, 1948 says that no woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work. However, if the feed end of a cotton opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed end is situated. The requirement is not met if there is a door made in a partition between the portions of the room and that the door is shown to be open at a particular time or even although it is shut yet it ~s not locked or other effective means taken to prevent it from being opened by a woman or child wishing to go into the press room. 2. Latrines & Urinals for women It has been provided under Section 19(1) of the Factories Act that: (a) Sufficient latrine and urinal accommodation of prescribed types shall be provided. They shall be conveniently situated and accessible to workers at all times when they are at the factory. (b) Separate enclosed accommodation shall be provided for male and female workers which shall be adequately lighted and ventilated and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage. These accommodations shall be in a clean and sanitary condition at all times. Sweepers shall be employed whose primary duty would be to keep the latrines, urinals and washing places clean. 3. Crèches Crèche means public nursery where babies are looked after while their mothers are at work. Section 48 of the Factories Act, 1948 specifically provides that in every factory where more than 30 women workers are ordinarily employed they should be provided with suitable rooms for the use of their children below six years of age. Such rooms should provide adequate accommodation along with adequate light and ventilation. The employer has been made responsible to maintain such rooms in a clean and sanitary condition. He should appoint a well-trained woman to take care of the children and infants. In this context the State Government may make rules prescribing the location, standards in respect of construction, accommodation, furniture and other equipments of the rooms of creches. It may also require additional facilities to be given for the care of children belonging to women workers including suitable provisions for washing and changing their clothing, free milk or refreshment and the facilityfor the mothers for feeding their children. 4. Prohibition on or near machinery in motion According to Section 22(2) of the Factories Act, 1948 no woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machine is in motion or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. 5. Other Restrictions According to Section 66 the provisions of this chapter shall be supplemented by the further restrictions that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m. The State Government in this regard has been given powers to vary the limits but even such variation shall not authorise the employment of any woman between the hours of 10 p.m. and 5 a.m. The State Government has also been authorised to make rules providing for exemption from restrictions of working women in fish-curing or fish-canning factories where employment of women beyond the hours of work specified is necessary to prevent damage to or deterioration of any raw material. 6. Dangerous operations If in the manufacturing process or operation carried on in a factory, any person employed in it is exposed to any risk of bodily injury, poisoning or disease, the State Government vide Section 87(b) can make rules relating to prohibiting or restricting the employment of women, adolescents or children. 7. Rights of Workers The rights of the workers have been elaborated in Section 111-A of the Factories Act, 1948. According to Section 11 I-A of the Factories Act, 1948, every worker either male or female shall have the right to: (1) Obtain from the occupier information relating to workers' health and safety at work, (2) Get trained within the factory whenever possible, or, to get himself or herself sponsored by the occupier for getting trained at a training centre or institute. Duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (3) represent to the Inspector directly or through his or her representative in the matter of inadequate provision for protection of his/her health or safety in the factory. 5.21 MINES ACT As 'mines' are not included within the purview of the Factories Act a separate legislation was enacted for the operation of Mines, i.e. the Mines Act, 1952. Under this Act, a separate Section 46 deals with matters relating to employment of women in mines. As per Section 46 of the Mines Act, 1952: (1) No woman shall, notwithstanding anything contained in any other law, be employed (a) in any part of a mine which is below ground; (b) in any mine above ground, except between the hours of 6 a.m. And7 p.m. (2) Every woman employed in a mine above ground shall be allowed an interval of not less than eleven hours between the termination of employment on anyone day and the commencement of the next period of employment. (3) Notwithstanding anything contained in sub-section (1), the Central Government may by notification in the Official Gazette vary the hours of employment above ground of women in respect of any mine or class or description of mine, so, however, that no employment of any woman between the hours of 10 p.m. and 5 a.m. is permitted thereby. The prohibition of employment in a mine which is below ground is made in the interest of women as the process or activity in mines is hazardous and causes material impairment to the health of women. 5.22 THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966 Beedi and cigar making is an area where a large number of women and children are employed. They are then subjected to exploitation in terms of wages and working hours. Long hours of work and fewer wage compelled the Government to enact the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 which provided benefits to women workers. Under Section 25 of the Act it has been laid down that no woman or young person shall be required to work on any industrial premises except between 6 a.m. and 7 p.m. This has been provided to ensure the welfare and safety of women workers. CHAPTER-VI NATIONAL COMMISSION FOR WOMEN 6.0 INTRODUCTION In January 1992, the National Commission For Women6.1 was set up by an Act of Parliament with the Specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provides for women, review the existing legislation, to suggest amendments wherever necessary, and safeguard the rights and entitlements of women. The commission extends financial support to NGOs and educational institutions to conduct legal awareness programme to enable women to become aware of their rights. 6.1 A BRIEF HISTORY The Committee on the Status of Women in India (CSWI) recommended nearly two decades ago, the setting up of a National Commission for women to fulfill the surveillance functions to facilitate redressal of grievances and to accelerate the socio- economic development of women.  Successive Committees / Commissions / Plans including the National Perspective Plan for Women (1988-2000) recommended the constitution of an apex body for women.  During 1990, the central government held consultations with NGOs, social workers and experts, regarding the structure, functions, powers etc.of the Commission proposed to be set up.  In May 1990, the Bill was introduced in the Lok Sabha.  In July 1990, the HRD Ministry organized a National Level Conference to elicit suggestions regarding the Bill. In August 1990 the government moved several amendments and introduced new provisions to vest the commission with the power of a civil court.  The Bill was passed and received accent of the President on 30th August 1990. The First Commission was constituted on 31st January 1992.  Dr.(Miss.) Girija Vyas took over as Chairperson of the National Commission for Women on 16th February, 2005 Available at http://ncw.nic.in/. 6.2 ABOUT NWC The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt of India) to: 1. Review the Constitutional and Legal safeguards for women; 2. Recommend remedial legislative measures; 3. Facilitate redressal of grievances and 4. Advise the Government on all policy matters affecting women. In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment during the year under report. The Commission completed its visits to all the States/UTs except Lakshdweep and prepared Gender Profiles to assess the status of women and their empowerment. It received a large number of complaints and acted suo-moto in several cases to provide speedy justice. It took up the issue of child marriage, sponsored legal awareness programmes,Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more stringent and effective. It organized workshops/consultations, constituted expert committees on economic empowerment of women, conducted workshops/seminars for gender awareness and took up publicity campaign against female foeticide, violence against women, etc. in order to generate awareness in the society against these social evils. 6.3 CONSTITUTION OF THE COMMISSION The National Commission for Women is constituted under section 3 National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt.of India) 1. The Central Government shall constitute a body to be known as the National Commission for Women to exercise the powers conferred on and to perform the functions assigned to, it under this Act. The Commission shall consist of:- a. A Chairperson, committed to the cause of women, to be nominated by the Central Government. b. five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activist), administration, economic development, health, education or social welfare; Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively; (1) a Member-Secretary to be nominated by the Central Government who shall be :- (a) An expert in the field of management, organizational structure or sociological movement, or An officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience. 6.4 LEGAL AMENDMENTS PROPOSED The National Commission has suggestions for various amendments to the existing Laws. Criminal Procedure Code, 1973 -amendment of sections 198 and 320  To remove restriction on lodging of complaint in respect of offences under sections 494 and 495 of the Indian Penal Code. Amendment of section 320 so as to make the offences under section 498 of the Indian Penal Code as Compoundable. Indian Penal Code, 1860. Strengthening of the laws to curb the incidence of sale of minor girls. Commission of Sati (Prevention) Act, 1987. To transfer the substantive provisions under the Indian Penal Code. The offence may be called as "Sati murder". Hindu Marriage Act, 1955.  Amendment of section 5 so as to omit epilepsy as a ground for divorce. Child Marriage Restraint Act, 1929.  Amendment should be made to change the definition of kidnapping under section 359 of the IPC.  The marriage of a minor should be made void. The offence should be made cognizable and non-bailable. Indecent Representation of Women ( Prohibition ) Act, 1986.  The Commission recommended for the amendment of Section 1 of the Act to make the definition of derogatory representation of women wider. Further provided for the increasing of punishment to the violators. Immoral Traffic (Prevention) Act, 1956 (For elimination of child prostitution and devising a comprehensive package for rehabilitation).  The Commission recommended that the age of majority of the child under the Act may be raised to 18 years.  Further the Government should take up correctional measures and also to rehabilitate the women and children in prostitution. Medical Termination of Pregnancy Act, 1971  The women's consent must be obtained in every case.  To provide stringent punishment to the violators. Foreign Marriage Act, 1969  The Commission has recommended for the stipulation of conditions for the performance of Marriages under this Act. The matters connected with this Act should be dealt by the Family Courts. Guardians and Wards Act, 1890  The Commission recommended that Section 15 and 16 or the Act should be amended so as to remove the compulsory linking of the wife's Domicile with that of the husband.  Further a testamentary guardian may be appointed only with the consent of the parent if alive and capable of acting. Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, 1992.  The commission recommended amendment of section 2(g), 3(g), 6,12, 13 - 17,19(2),21 and 23 of the said Act, for strengthening the provision for better implementation. More powers to NCW through: NCW (Amendment) Bill 1998  Power to appoint its own staff.  Appointment of Commissioner for women's rights.  Power of Prosecution in the lines of NHRC & Kerala State Commission for Women. Extension of the Act to the State of J & K. Amendment of laws relating to rape and sexual assault Redefinition of the definitions of rape and allied provisions  The recommendations are incorporated in Criminal Law (Amendment) Bill, 2006 and sent to the Government Older person’s maintenance, care and protection Bill, 2005  The recommendations of the Commission have been submitted to the Ministry of Social Justice & Empowerment Implementation of PC & PNDT Act  All India Conference of State Secretaries - Health, WCD, DGPs and NGOs on implementation of the PC&PNDT Act Amendment to the Dowry Prohibition Act, 1961  To transfer the substantive provisions under the Indian Penal Code.  Dowry givers should be excluded from punishment. Appointment of Dowry Prohibition Officers.  The Marriage expenses should be limited to 20% of the annual income of the girl's parents/guardian.  National Conference on Review of the Dowry Prohibition Act, which was held in November, 2005 Family Courts (Amendment) Bill, 2005  There shall be one or more family courts in every district. Appeal under these matters will lie only to the High Courts.  Private Members Bill was referred to the Commission and recommendations have been submitted to the Government. 6.5 NCW has adopted a Multi-Pronged strategy to tackle the problem: Generation of legal awareness among women, thus equipping them with the knowledge of their legal rights and with a capacity to use these rights. Assisting women in redressal of their grievances through Prelitigation services. Facilitating speedy delivery of justice to women by organizing Parivarik Mahila Lok Adalats in different parts of the country.  Review of the existing provisions of the Constitution and other laws affecting women and recommending amendments thereto, any lacunae, inadequacies or short comings in such legislation's.  Organizing promotional activities to mobilize women and get information about their status and recommend paradigm shift in the empowerment of women. 6.6 COMPLAINTS AND COUNSELING CELL The Complaints and Counselling Cell of the commission processes the complaints received oral, written or suo moto under Section 10 of the NCW Act. The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, and refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at work place. The complaints are tackled as below:- Investigations by the police are expedited and monitored. Family disputes are resolved or compromised through counselling.  For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries, examines various witnesses, collects evidence and submits the report with recommendations. Such investigations help in providing immediate relief and justice to the victims of violence and atrocities. The implementation of the report is monitored by the NCW. There is a provision for having experts/lawyers on these committees. The State Commission, the NGOs and other experts are involved in these efforts. The complaints received show the trend of crimes against women and suggest systemic changes needed for reduction in crimes. The complaints are analyzed to understand the gaps in routine functioning of government in tackling violence against women and to suggest corrective measures. The complaints are also used as case studies for sensitization programmes for the police, judiciary, prosecutors, forensic scientists, defence lawyers and other administrative functionaries. As per the 1997 Supreme Court Judgment on Sexual Harassment at Workplace, (Vishaka and others v. state of Rajasthan and others (1997 (6) SCC 241)6.2 every employer is required to provide for effective complaints procedures and remedies including awarding of compensation to women victims. In sexual harassment complaints, the concerned organization are urged to expedite cases and the disposal is monitored NATIONAL COMMISSION FOR WOMEN available at http://pib.nic.in/feature/feyr2002/fmar2002/f050320021.html. 6.7 THE NATIONAL PLAN OF ACTION FOR 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 further for the girl child. CHAPTER-VII CENTRAL GOVERNMENTS 7.0 Introduction Various legislation enactments have been framed to protect, safeguard and promote the interest of women. Part-IV of the constitution contains active obligations of the state to secure social and economic freedom which could not be granted at the time when the constitution was framed due to the then prevalent socio-economic conditions. It is necessary to list out the name of the Enactments passed by the Parliament for Empowerment of the Women. WOMEN-SPECIFIC LEGISLATIONS 1. The Immoral Traffic (Prevention) Act, 1956 2. The Dowry Prohibition Act, 1961 (28 of 1961) 3. The Indecent Representation of Women (Prohibition) Act, 1986 4. The Commission of Sati (Prevention) Act, 1987 (3 of 1988) WOMEN-RELATED LEGISLATIONS 1. The Guardians and Wards Act 2. Indian Penal Code, 1860 3. The Indian Christian Marriage Act, 1872 (15 of 1872) 4. The Married Women’s Property Act, 1874 (3 of 1874) 5. The Workmen’s Compensation Act, 1923 6. The Child Marriage Restraint Act, 1929 (19 of 1929) 7. The Muslim Personal Law (Shariat) Application Act, 1937 8. The Minimum Wages Act 9. The Employees’ State Insurance Act, 1948 10. The Payments of Wages Act, 1936 11. The Plantation Labour Act, 1951 12. The Cinematograph Act, 1952 13. The Special Marriage Act, 1954 14. The Hindu Marriage Act, 1955 (28 of 1989) 15. The Hindu Adoptions & Maintenance Act, 1956 16. The Hindu Minority & Guardianship Act, 1956 17. The Hindu Succession Act, 1956 18. The Maternity Benefit Act, 1961 (53 of 1961) 19. The Beedi & Cigar Workers (Conditions of Employment)Act, 1966 20. The Foreign Marriage Act, 1969 (33 of 1969) 21. The Indian Divorce Act, 1969 (4 of 1969) 22. The Medical Termination of Pregnancy Act,1971(34 of 1971) 23. Code of Criminal Procedure, 1973 24. The Bonded Labour System (Abolition) Act, 1979 25. The Equal Remuneration Act, 1976 26. The Contract Labour (Regulation & Abolition) Act, 1970 27. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 28. The Family Courts Act, 1984 29. Juvenile Justice Act, 2000 30. The Child Labour (Prohibition & Regulation) Act 31. National Commission for Women Act, 1990 (20 of 1990) 32. The Factories Act, 1948 33. The Indian Evidence Act, 1872 (yet to be reviewed) 34. Employers Liabilities Act 1938 35. Mental Health Act 36. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Act 1994 37. The Trade Unions Act 1926 38. The Mines Act 1952 39. The Protection of Civil Rights Act 1955 40. The Muslim women Protection of Rights on Dowry Act 1986 41. The Protection of Human Rights Act 7.1 NATIONAL POLICY FOR THE EMPOWERMENT OF WOMEN (2001) National Policy for the Empowerment of Women,Ministry of Women and Child Development available at http://india.gov.in/national-policy-empowerment-women 7.1.1 INTRODUCTION 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. From the Fifth Five Year Plan (1974-78) onwards has been a marked shift in the approach to women’s issues from welfare to development. In recent years, the empowerment of women has been recognized as the central issue in determining the status of women. The National Commission for Women was set up by an Act of Parliament in 1990 to safeguard the rights and legal entitlements of women. The 73rd and 74th Amendments (1993) to the Constitution of India have provided for reservation of seats in the local bodies of Panchayats and Municipalities for women, laying a strong foundation for their participation in decision making at the local levels. 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. The Mexico Plan of Action (1975), the Nairobi Forward Looking Strategies (1985), the Beijing Declaration as well as the Platform for Action (1995) and the Outcome Document adopted by the UNGA Session on Gender Equality and Development & Peace for the 21st century, titled "Further actions and initiatives to implement the Beijing Declaration and the Platform for Action"have been unreservedly endorsed by India for appropriate follow up. The Policy also takes note of the commitments of the Ninth Five Year Plan and the other Sectoral Policies relating to empowerment of Women. The women’s movement and a wide-spread network of non-Government Organizations which have strong grass-roots presence and deep insight into women’s concerns have contributed in inspiring initiatives for the empowerment of women. However, there still exists a wide gap between the goals enunciated in the Constitution, legislation, policies, plans, programmes, and related mechanisms on the one hand and the situational reality of the status of women in India, on the other. This has been analyzed extensively in the Report of the Committee on the Status of Women in India, "Towards Equality", 1974 and highlighted in the National Perspective Plan for Women, 1988- 2000, the Shramshakti Report, 1988 and the Platform for Action, Five Years after- An assessment" Gender disparity manifests itself in various forms, the most obvious being the trend of continuously declining female ratio in the population in the last few decades. Social stereotyping and violence at the domestic and societal levels are some of the other manifestations. Discrimination against girl children, adolescent girls and women persists in parts of the country. The underlying causes of gender inequality are related to social and economic structure, which is based on informal and formal norms, and practices. Consequently, the access of women particularly those belonging to weaker sections including Scheduled Castes/Scheduled Tribes/ Other backward Classes and minorities, majority of whom are in the rural areas and in the informal, unorganized sector – to education, health and productive resources, among others, is inadequate. Therefore, they remain largely marginalized, poor and socially excluded. 7.1.2 Goal and Objectives The goal of this Policy is to bring about the advancement, development and empowerment of women. The Policy will be widely disseminated so as to encourage active participation of all stakeholders for achieving its goals. Specifically, the objectives of this Policy include (i) Creating an environment through positive economic and social policies for full development of women to enable them to realize their full potential (ii) The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil (iii) Equal access to participation and decision making of women in social, political and economic life of the nation (iv) Equal access to women to health care, quality education at all levels, career and vocational guidance, employment, equal remuneration, occupational health and safety, social security and public office etc. (v) Strengthening legal systems aimed at elimination of all forms of discrimination against women (vi) Changing societal attitudes and community practices by active participation and involvement of both men and women. (vii) Mainstreaming a gender perspective in the development process. (viii) Elimination of discrimination and all forms of violence against women and the girl child; and (ix) Building and strengthening partnerships with civil society, particularly women’s organizations. 7.1.3 Policy Prescriptions 7.1.3.1 Judicial Legal Systems Legal-judicial system will be made more responsive and gender sensitive to women’s needs, especially in cases of domestic violence and personal assault. New laws will be enacted and existing laws reviewed to ensure that justice is quick and the punishment meted out to the culprits is commensurate with the severity of the offence. At the initiative of and with the full participation of all stakeholders including community and religious leaders, the Policy would aim to encourage changes in personal laws such as those related to marriage, divorce, maintenance and guardianship so as to eliminate discrimination against women. The evolution of property rights in a patriarchal system has contributed to the subordinate status of women. The Policy would aim to encourage changes in laws relating to ownership of property and inheritance by evolving consensus in order to make them gender just. 7.1.3.2 Decision Making Women’s equality in power sharing and active participation in decision making, including decision making in political process at all levels will be ensured for the achievement of the goals of empowerment. All measures will be taken to guarantee women equal access to and full participation in decision making bodies at every level, including the legislative, executive, judicial, corporate, statutory bodies, as also the advisory Commissions, Committees, Boards, and Trusts etc. Affirmative action such as reservations/quotas, including in higher legislative bodies, will be considered whenever necessary on a time bound basis. Women–friendly personnel policies will also be drawn up to encourage women to participate effectively in the developmental process. 7.1.3.3 Mainstreaming a Gender Perspective in the Development Process Policies, programmes and systems will be established to ensure mainstreaming of women’s perspectives in all developmental processes, as catalysts, participants and recipients. Wherever there are gaps in policies and programmes, women specific interventions would be undertaken to bridge these. Coordinating and monitoring mechanisms will also be devised to assess from time to time the progress of such mainstreaming mechanisms. Women’s issues and concerns as a result will specially be addressed and reflected in all concerned laws, sectoral policies, plans and programmes of action. 7.1.4. Economic Empowerment of women 7.1.4.1 Poverty Eradication Since women comprise the majority of the population below the poverty line and are very often in situations of extreme poverty, given the harsh realities of intra-household and social discrimination, macro economic policies and poverty eradication programmes will specifically address the needs and problems of such women. There will be improved implementation of programmes which are already women oriented with special targets for women. Steps will be taken for mobilization of poor women and convergence of services, by offering them a range of economic and social options, along with necessary support measures to enhance their capabilities 7.1.4.2 Micro Credit In order to enhance women’s access to credit for consumption and production, the establishment of new and strengthening of existing micro-credit mechanisms and micro- finance institution will be undertaken so that the outreach of credit is enhanced. Other supportive measures would be taken to ensure adequate flow of credit through extant financial institutions and banks, so that all women below poverty line have easy access to credit. 7.1.4.3 Women and Economy Women’s perspectives will be included in designing and implementing macro- economic and social policies by institutionalizing their participation in such processes. Their contribution to socio-economic development as producers and workers will be recognized in the formal and informal sectors (including home based workers) and appropriate policies relating to employment and to her working conditions will be drawn up. Such measures could include: Reinterpretation and redefinition of conventional concepts of workwherever necessary e.g. in the Census records, to reflect women’s contribution as producers and workers. Preparation of satellite and national accounts. Development of appropriate methodologies for undertaking (i) and (ii) above. 7.1.4.4 Globalization Globalization has presented new challenges for the realization of the goal of women’s equality, the gender impact of which has not been systematically evaluated fully. However, from the micro-level studies that were commissioned by the Department of Women & Child Development, it is evident that there is a need for re-framing policies for access to employment and quality of employment. Benefits of the growing global economy have been unevenly distributed leading to wider economic disparities, the feminization of poverty, increased gender inequality through often deteriorating working conditions and unsafe working environment especially in the informal economy and rural areas. Strategies will be designed to enhance the capacity of women and empower them to meet the negative social and economic impacts, which may flow from the globalization process. 7.1.4.5 Women and Agriculture In view of the critical role of women in the agriculture and allied sectors, as producers, concentrated efforts will be made to ensure that benefits of training, extension and various programmes will reach them in proportion to their numbers. The programmes for training women in soil conservation, social forestry, dairy development and other occupations allied to agriculture like horticulture, livestock including small animal husbandry, poultry, fisheries etc. will be expanded to benefit women workers in the agriculture sector. 7.1.4.6 Women and Industry The important role played by women in electronics, information technology and food processing and agro industry and textiles has been crucial to the development of these sectors. They would be given comprehensive support in terms of labour legislation, social security and other support services to participate in various industrial sectors. Women at present cannot work in night shift in factories even if they wish to. Suitable measures will be taken to enable women to work on the night shift in factories. This will be accompanied with support services for security, transportation etc. 7.1.4.7 Support Services The provision of support services for women, like child care facilities, including crèches at work places and educational institutions, homes for the aged and the disabled will be expanded and improved to create an enabling environment and to ensure their full cooperation in social, political and economic life. Women-friendly personnel policies will also be drawn up to encourage women to participate effectively in the developmental process. 7.1.4.8 Science and Technology Programmes will be strengthened to bring about a greater involvement of women in science and technology. These will include measures to motivate girls to take up science and technology for higher education and also ensure that development projects with scientific and technical inputs involve women fully. Efforts to develop a scientific temper and awareness will also be stepped up. Special measures would be taken for their training in areas where they have special skills like communication and information technology. Efforts to develop appropriate technologies suited to women’s needs as well as to reduce their drudgery will be given a special focus too. 7.1.5 Rights of the Girl Child All forms of discrimination against the girl child and violation of her rights shall be eliminated by undertaking strong measures both preventive and punitive within and outside the family. These would relate specifically to strict enforcement of laws against prenatal sex selection and the practices of female foeticide, female infanticide, child marriage, child abuse and child prostitution etc. Removal of discrimination in the treatment of the girl child within the family and outside and projection of a positive image of the girl child will be actively fostered. There will be special emphasis on the needs of the girl child and earmarking of substantial investments in the areas relating to food and nutrition, health and education, and in vocational education. In implementing programmes for eliminating child labour, there will be a special focus on girl children. 7.1.6 Mass Media Media will be used to portray images consistent with human dignity of girls and women. The Policy will specifically strive to remove demeaning, degrading and negative conventional stereotypical images of women and violence against women. Private sector partners and media networks will be involved at all levels to ensure equal access for women particularly in the area of information and communication technologies. The media would be encouraged to develop codes of conduct, professional guidelines and other self regulatory mechanisms to remove gender stereotypes and promote balanced portrayals of women and men. 7.1.7 Legislation The existing legislative structure will be reviewed and additional legislative measures taken by identified departments to implement the Policy. This will also involve a review of all existing laws including personal, customary and tribal laws, subordinate legislation, and related rules as well as executive and administrative regulations to eliminate all gender discriminatory references. The process will be planned over a time period 2000-2003. The specific measures required would be evolved through a consultation process involving civil society, National Commission for Women and Department of Women and Child Development. In appropriate cases the consultation process would be widened to include other stakeholders too. Effective implementation of legislation would be promoted by involving civil society and community. Appropriate changes in legislation will be undertaken, if necessary. In addition, following other specific measures will be taken to implement the legislation effectively. (a) Strict enforcement of all relevant legal provisions and speedy redressal of grievances will be ensured, with a special focus on violence and gender related atrocities. (b) Measures to prevent and punish sexual harassment at the place of work, protection for women workers in the organized/ unorganized sector and strict enforcement of relevant laws such as Equal Remuneration Act and Minimum Wages Act will be undertaken, (c) Crimes against women, their incidence, prevention, investigation, detection and prosecution will be regularly reviewed at all Crime Review fora and Conferences at the Central, State and District levels. Recognised, local, voluntary organizations will be authorized to lodge Complaints and facilitate registration, investigations and legal proceedings related to violence and atrocities against girls and women. (d) Women’s Cells in Police Stations, Encourage Women Police Stations Family Courts, Mahila Courts, Counselling Centers, Legal Aid Centers and Nyaya Panchayats will be strengthened and expanded to eliminate violence and atrocities against women. (e) Widespread dissemination of information on all aspects of legal rights, human rights and other entitlements of women, through specially designed legal literacy programmes and rights information programmes will be done. 7.1.8 Gender Sensitization Training of personnel of executive, legislative and judicial wings of the State, with a special focus on policy and programme framers, implementation and development agencies, law enforcement machinery and the judiciary, as well as non-governmental organizations will be undertaken. Other measures will include: (a) Promoting societal awareness to gender issues and women’s human rights. (b) Review of curriculum and educational materials to include gender education and human rights issues (c) Removal of all references derogatory to the dignity of women from all public documents and legal instruments. (d) Use of different forms of mass media to communicate social messages relating to women’s equality and empowerment. 7.1.9 Panchayati Raj Institutions The 73rd and 74th Amendments (1993) to the Indian Constitution have served as a breakthrough towards ensuring equal access and increased participation in political power structure for women. The PRIs will play a central role in the process of enhancing women’s participation in public life. The PRIs and the local self Governments will be actively involved in the implementation and execution of the National Policy for Women at the grassroots level. 7.1.10 Partnership with the voluntary sector organizations The involvement of voluntary organizations, associations, federations, trade unions, non-governmental organizations, women’s organizations, as well as institutions dealing with education, training and research will be ensured in the formulation, implementation, monitoring and review of all policies and programmes affecting women. Towards this end, they will be provided with appropriate support related to resources and capacity building and facilitated to participate actively in the process of the empowerment of women. 7.1.11 International Cooperation The Policy will aim at implementation of international obligations/commitments in all sectors on empowerment of women such as the Convention on All Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), International Conference on Population and Development (ICPD+5) and other such instruments. International, regional and sub-regional cooperation towards the empowerment of women will continue to be encouraged through sharing of experiences, exchange of ideas and technology, networking with institutions and organizations and through bilateral and multi- lateral partnerships. 7.2 IMPORTANT COMMITTEES AND COMMISSIONS ON WOMEN:  Durgabai Deshmukh Committee on Education of Women (1959)  Undifferentiated curricula upheld by Hansa Mehta Committee on Differentiation of Curricula (1964) Education Commission (1964-66); National Policy on Education 1986 (revised in 1992) and its Programme of action.  Committee on Status of Women towards Equality, 1974 The UN Development Decade (1975-85) The National Perspective Plan for Women (1988-2000)  Shramahakti, Report of Committee on Women in Information Sector.  Ramamurthy Review Committee 7.3 UJJAWALA UJJAWALA,Women And Child Department,Government of Odisha available at http://wcdodisha.gov.in/node/50 A Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Re-Integration of Victims of Trafficking for Commercial Sexual Exploitation DECEMBER, 2007 Government of India, Ministry of Women and Child Development 7.3.1 BACKGROUND 1. Trafficking of women and children for commercial sexual exploitation is an organized crime that violates basic human rights. India has emerged as a source, destination and transit for both in-country and cross border trafficking. The problem of trafficking of women and children for commercial sexual exploitation is especially challenging due to its myriad complexities and variation. Poverty, low status of women, lack of a protective environment etc are some of the causes for trafficking. 2. A multi sectoral approach is needed which will undertake preventive measures to arrest trafficking especially in vulnerable areas and sections of population; and to enable rescue, rehabilitation and reintegration of the trafficked victims. 3. Keeping the above issues and gaps in mind the Ministry has formulated a Central Scheme “Comprehensive Scheme for Prevention of Trafficking for Rescue, Rehabilitation and Re- Integration of Victims of Trafficking for Commercial Sexual Exploitation—Ujjawala”. The newscheme has been conceived primarily for the purpose of preventing trafficking on the one hand and rescue and rehabilitation of victims on the other. 7.3.2 OBJECTIVE OF THE SCHEME  To prevent trafficking of women and children for commercial sexual exploitation through social mobilization and involvement of local communities, awareness generation programmes, generate public discourse through workshops/seminars and such events and any other innovative activity.  To facilitate rescue of victims from the place of their exploitation, and place them in safe custody.  To provide rehabilitation services both immediate and long-term to the victims by providing basic amenities/needs such as shelter, food, clothing, medical treatment including counselling, legal aid and guidance and vocational training.  To facilitate reintegration of the victims into the family and society at large.  To facilitate repatriation of cross-border victims to their country of origin. 7.3.3 TARGET GROUP/BENEFICIARIES Women and children who are vulnerable to trafficking for commercial sexual exploitation. Women and children who are victims of trafficking for commercial sexual exploitation. 7.3.4 IMPLEMENTING AGENCIES The implementing agencies can be the Social Welfare/Women and Child Welfare Department of State Government, Women’s Development Corporations, Women’s Development Centres, Urban Local Bodies, reputed Public/Private Trust or Voluntary Organizations. The organization must have adequate experience in the field of trafficking, social defence, dealing with women and children in need of care and protection, children in conflict with law, etc 7.3.5 ELIGIBILITY CONDITIONS The implementing organizations must fulfill the following eligibility conditions: a. The agency should be registered under law and must have a properly constituted Managing Body with its powers, duties and responsibilities clearly defined and laid down in its Constitution; b. The organization must not work for the profit of any individual or body of individuals; c. It should ordinarily have three years experience after its registration; d. Its financial position should be sound; e. It should have facilities, resources, experience and personnel to initiate the scheme for which assistance is sought. 7.3.6 THE COMPONENTS OF SCHEME AND PATTERN OF ASSISTANCE The Scheme shall have the following main components: - 1. PREVENTION 2. RESCUE 3. REHABILITATION 4. RE-INTEGRATION 5. REPATRIATION The implementing agencies may seek assistance for one or more the componentsas mentioned under the scheme. While applying for a particular component(s), the implementing agencies should provide justification for selecting the specific components and the location of projects. Note: -the implementing agency can leverage their sanctioned funds (up to 10%) within and between components. 7.3.7 DESCRIPTION OF THE COMPONENTS OF SCHEME Assistance will be provided for the following: - PREVENTION: Formation and functioning of Community Vigilance Groups 1.2 Formation and functioning of Balika (adolescent girls)/Balala (adolescent children) Sanghas 1.3 Sensitization Workshops/Seminars. 1.4 Awareness generation through mass media including kalajathas, street plays, puppeteers or through any other art forms, preferably traditional 1.5 Development and printing of awareness generation material such as pamphlets, leaflets and posters (in local language) COMPONENT (PREVENTION) Annual Budget (in Rs) 1.1 Formation and functioning of Community Vigilance Group (Minimum 3 Community Vigilance Group) a) Formation 6000 b) Nurturing (monthly meeting, correspondence, transport etc.) 18000 1.2 Formation and functioning of Balika (adolescent girls)/Balala (adolescent children) Sanghas (Minimum 3 Sanghas) a) Formation 6000 b) Nurturing (monthly meeting, correspondence, transport etc.) 18000 1.3 1.3 Sensitization Workshops/Seminars (2 days) a) b) Hiring of Venue Communication 5000 1000 c) Resource Persons 2500 d) Lunch and Refreshment (at least 30 participants x Rs 75 x 2 days) 4500 e. Resource material 2000 f. TA/DA for participants 3000 4500 e) Resource material 2000 f) TA/DA for participants 3000 1.4 Awareness generation through mass media including kalajathas, street plays, puppeteers or through any other art forms, preferably traditional a) Formation of Group 10000 10000 b) Performance of play (includes travel, lodging/boarding, publicity @ Rs 2500 x 10 plays) 25000 25000 1.5 Development and printing of awareness generation material such as pamphlets, leaflets and posters hoardings, advertisements etc. (in local language) 65,500 65,500 TOTAL 1,66,500 RESCUE 2.1 Information gathering: Through formation of network of Police, NGOs, Women’s Groups, Youth Groups, Panchayats, Hotels and tour operators etc., to gather information on traffickers, suspicious people and vulnerable families. 2.2 Rescue operations: The scheme would provide for- Incentives to decoy customers/informers; Transportation cost of victim(s) from place of rescue to shelter home; Initial documentation. 2.3 Immediate Relief on Rescue: The scheme will provide food, shelter, toiletries, clothing, trauma care/counselling, medical aid etc. during the interim period between rescue and production before the concerned authorities. Component-2 (RESCUE) Annual Budget (in Rs) 2.1 Information gathering---Communication 6000 6000 2.2 Rescue operation a. Informers 5000 b. Transport 2000 c. Documentation, filing of reports etc 500 2.3 Immediate Relief on Rescue a. Basic Amenities 5000 b. Medical Aid 5000 TOTAL 23,500 REHABILITATION 3.1 Setting up of Protective and Rehabilitative (P&R) Homes—The P&R Homes would be set- up by the agency. 3.2 Basic amenities—To provide basic amenities such food, clothing and other items of personal use. 3.3 Medical Care—This Scheme would provide Doctor’s fee, cost of medicines, hospitalization, appropriate linkages to de-addiction centres. Since the victims of trafficking undergo immense psychological trauma, professional counselling services would be provided through a qualified clinical psychologist and psychiatrist. 3.4 Legal Aid— As victims are the main witnesses against the trafficker/pimp/perpetrator, or to claim their right to property, marital rights, divorce, maintenance and custody of children, they will need to be provided with legal aid which would include court work and documentation relating to the victims court case. 3.5 Administrative Costs—To support small contingencies arising out of the project. 3.6 Education— As a large proportion of the rescued victims are children, they will need to be inducted into the formal or open school system, for which some expenditure on text- books, notebooks, stationary, school uniform and other incidental expenses may have to be incurred. 3.7 Vocational Training and Income generation activities—in order to completely rehabilitate the victim it is necessary to provide alternate livelihood options. Therefore, support for vocational training is provided. Component-3 (REHABILITATION) Annual Budget (in Rs) 3.1 Setting up of Protective Homes (50 victims) a) Rent A Grade Cities (Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad) (Rs 25000 x 12 months) 300000 B Grade Cities (Rest of India) (Rs 20000 x 12 months) 240000 b) Staff # Project Director (Rs 10,000 x 1 x 12months) 120000 Social Worker (2) (Rs 5000 x 2x 12months) 120000 Clinical Psychologist (Rs 5000 x 1x 12months) 60000 Clerk cum Accountant (Rs 3000 x 1 x 12months) 36000 36000 Guard (2) [Rs 2500 x 2 x 12 months] 6000 Doctor (Part time)[Rs 3000 x 12months] 36000 Psychiatrist (Part time)[Rs 3000 x 12months] 36000 c) Furniture, utensils, linen beds, locker etc. (non-recurring) 150000 150000 d) Electricity and Water (Rs 3000 x 12 months) 36000 3.2 3.2 Basic amenities a) Food (Rs 700 x 50 girls x 12 months) 420000 b) Personal (Rs 150 x 50 girls x 12 months) such as clothes, toiletries, sanitary items etc 90000 3.3 Medical Care (Medicines includes emergency care) [Rs 200x 50 x 12 months] 120000 3.4 Legal Aid (court work and documentation) [Rs 200 x 12 x 50] 120000 3.5 Administrative Support 10500 3.6 Education a. Formal School [support--Rs 200 x 12 x 30 victims] 72000 3.7 Vocational Training and Income generation activities [Support—Rs 5000 x 20 victims] 100000 TOTAL :A Grade Cities 18,86,500 B Grade Cities 18,26,500 Subject to Rent Assessment Certificate from State PWD # Wherever possible appointment of eligible SCs/STs/OBCs/Minorities may be undertaken RE-INTEGRATION Setting of Half-Way Home—Half-Way Home is a Home within the community, where a group of victims, ready for reintegration, live and work out of this place. This is to facilitate smooth transition from the life in P&R Home to an independent living in the community. A Half-Way Home is for a group of victims who are gainfully employed and can live semi- independently with minimum supervision. This is a phased approach to re-integration into the community. 4.2 Restoration to Families The scheme would cover travel of the victim and an escort from destination area to her home town/village, expenses incurred towards her food during her travel and incidental expenses. Component-4 (RE-INTEGRATION) Annual Budget (in Rs) 4.1 Setting of Half-Way Home (for 10-15victims) a. Rent for Half-Way Home (Rs 6000 x 12) 72000 b. Furniture/Utensils etc (one time, Non-recurring) 10000 4.2 Restoration to Families a. Seed Money (Rs 5000 x 5 victims) 25000 b. Transport for the victim and escort (Rs 1000 x 2 x 5 victims) 10000 c. Networking/Follow-up including two visits (Rs 1500 x 5 victims) 7500 TOTAL 1,24,500 * Subject to Rent Assessment Certificate from State PWD REPATRIATION (CROSS-BORDER) 5.1 Facilitate repatriation procedures—The scheme would provide for expenses incurred in fulfilling various formalities for obtaining repatriation order for the victim. 5.2 Repatriation to country of origin— The scheme would cover travel of the cross-border victim and an escort from destination area to her country of origin or border, expenses incurred towards her food during her travel and incidental expenses. 5.3 Setting-up of Transit Centers— The funds will be provided for setting up of transit camp, food and other incidentals at the border-check points. Component-5 (REPATRIATION--CROSS BORDER) Applicable only to those agency who have victims of cross- border trafficking Annual Budget (in Rs) 5.1Facilitate repatriation procedures, Communication and Documentation 5000 5.2 Repatriation to country of origin (Transport to the victim and escort, includes food and other incidentals 20000 5.3 Setting-up of Transit Centers 10000 TOTAL 35000 7.3.8 PROJECT PROPOSAL 1. The project proposals under the scheme shall be received in prescribed format (Annexure–I) through the State Governments/UT Administration. 2. The State Govt./UT Administration shall submit its Appraisal Report and recommendations as per the format prescribed (Annexure-II). The State Governments will ensure that the agency has capabilities and creditiantials in undertaking activities while recommending their proposal. The State Government will ensure that the project area selected by the agency is justified and the proposed intervention will help in preventing and combating trafficking. 3. The Utilization Certificate and Guidelines for Chartered Accountants/Government Auditors shall be submitted in formats prescribed in Annexure III. 4. The application will be normally submitted through the State Governments/UT Administration. In the case of National Organizations the Government may entertain an application from the agency and where necessary obtain the recommendations of the State/UT where the agency proposes to have the activity. Applications of State Branches of well-known agencies and reputed State level agencies, already known to the Ministry of Women and Child Development, can be entertained directly. 7.3.9 SANCTIONING OF THE SCHEME Each proposal shall be sanctioned by a Project Sanctioning Committee comprising of the following members: - a. Secretary,Ministry of Women and Child Development (Chairperson) b. Financial Adviser, Ministry of Human Resource Development (MWCD) c. Secretary in charge of Women and Child Development of the concerned State Governments/UT Administration. d. Joint Secretary of the concerned bureau in the Ministry (Convener). 7.3.10 MONITORING OF THE SCHEME I. The continuation of grant to the agency would be based on the satisfactory performance reported by the State Government/UT Administration. In addition, it is proposed that periodic inspection will be undertaken. Separately periodic evaluations of the project will also be undertaken by reputed institutions, Panchyati Raj Institutions, block level institutions, district level institutions. II. Monitoring at the State Level The Secretary in-charge of Social Welfare/ Department of Women and Child Development in the State Government/UT Admn. shall be the chairperson of the State Level/UT Administration Monitoring Committee for the Scheme. The other members of the Committee would be nominated by the Secretary. The Committee at the State Level/UT Administration shall meet at least twice a year and monitor the project. III. Monitoring at the Central Level MWCD shall also review the functioning of the Centre once a year. IV. Mid-term Evaluation of the Scheme The project shall be evaluated in the middle of Eleventh Five-Year Plan. 7.3.11 CONDITIONS OF GRANTS i. The grant approved will be paid in two installments, the first installment being normally released with the sanction of the Project and the second and subsequent installment will be released when the agency has spent the previous installment along with its own proportionate share of cost. Requests for release of these installments will be accompanied by a certificate from a Chartered Accountant or a Government Auditor indicating the total expenditure incurred on the project. In case of the project implemented by the State Government/UT Administration or its agencies the second installments of the grant may be released on receipt of the requisite certificate duly signed by an officer of the State Government or Union Territory, as the case may be. ii. The voluntary agency/institution shall maintain record of all assets acquired wholly or substantially out of Government Grant. Such assets shall not be disposed of encumbered or utilized for purposes other than those for which grant was given without prior sanction of the Government of India should the organization/institution cease to exist at any time such properties shall revert to the Government of India. iii. If the Ministry require clarification of any point not contained in the Application the institution/agency shall supply it within the time specified by the Ministry failing which the Application will not be considered. iv. Any unspent portion of the grant shall be refunded to the Government of India immediately. v. The sanctioned project shall be reviewed after three years of implementation. Further continuation of the projects will be decided on the basis of the review. vi. Guidelines for activities have been formulated. The implementing agency may kindly follow these while implementing the scheme. 7.4THE NATIONAL CREDIT FUND FOR WOMEN OR THE RASHTRIYA MAHILA KOSH (RMK) 7.4.1 Introduction It has been felt for some time in India that the credit needs of poor women, particularly in the unorganized sector, have not been adequately addressed by the formal financial institutions in the country. The vast gap between demand for and supply of credit to this sector established the need for a National Credit Fund for Women. It was set up in March 1993 as an independent registered society by the Department of Women & Child Development in Government of India’s Ministry of Human Resource Development with an initial corpus of Rs. 310,000,000 - not to replace the banking sector but to fill the gap between what the banking sector offers and what the poor need. Need For Micro-Finance: The Gap Between Demand and Supply Since the 1950s, various governments in India have experimented with a large number of grant and subsidy based poverty alleviation programmes. Studies show that these mandatory and dedicated subsidised financial programmes, implemented through banking institutions, have not been fully successful in meeting their social and economic objectives: The common features of these programmes were: i. target orientation ii. based on grant/subsidy, and iii. credit linkage through commercial banks. These programmes a. were often not sustainable b. perpetuated the dependent status of the beneficiaries c. depended ultimately on government employees for delivery d. led to misuse of both credit and subsidy and e. were treated at best as poverty alleviation interventions. Banks too never really looked on them as a profitable and commercial activity. According to a 1995 World Bank estimate, in most developing countries the formal financial system reaches only the top 25% of the economically active population - the bottom 75% have no access to financial services apart from moneylenders - In India too the formal financial institutions have not been able to reach the poor households, and particularly women, in the unorganised sector. Structural rigidities and overheads lead to high cost of making small loans. Organisational philosophy has not been oriented towards recognising the poor as credit worthy. The problem has been compounded by low level of influence of the poor, either about their credit worthiness or their demand for savings services. Micro-finance programmes have often been implemented by large banks at government behest. Low levels of recovery have been further eroded due to loan waiver programmes leading to institutional disenchantment with lending to small borrowers. All this gave rise to the concept of micro-credit for the poorest segment along with a new set of credit delivery techniques. With the support of NGOs an informal sector comprising small Self Help Groups (SHGs) started mobilizing savings of their members and lending these resources among the members on a micro scale. The potential of these SHGs to develop as local financial intermediaries to reach the poor has gained recognition due to their community based participatory approach and sustainability - recovery rates have been significantly higher than those achieved by commercial banks inspite of loans going to poor, unorganised individuals without security or collateral. Success stories in neighbouring countries, like Grameen Bank in Bangladesh, Bank Rakiat in Indonesia, Commercial & Industrial Bank in Phillipines, etc., gave further boost to the concept in India in the 1980s. The Global Summit on Micro Finance held in Washington in Feb ‘97 set a global target of covering 100 million poor families with credit by 2005 - it was expected that 25-30 million of these could be in India alone. The poor in India define the micro-finance market. The Planning Commission estimate of 1993-94 says 36% of the population or 320 million people live below the poverty line - there would be 140-150 million women alone living below the poverty line. Assuming that only 30% of the country’s poor women are ready to adopt micro-finance as a method of poverty alleviation, it is estimated that 40-45 million poor women would need credit. As against this, it is estimated that all agencies in India engaged in the provision of micro-finance services, would have together covered barely 1 million poor people by the close of 1998-99. The most prominent national level micro-finance apex organisation providing micro-finance services for women in India are the National Credit Fund for Women or the Rashtriya Mahila Kosh (RMK). 7.4.2 CONCEPT AND FEATURES OF MICRO-FINANCE Micro-finance, as is being practiced by the National Credit Fund for Women or the Rashtriya Mahila Kosh (RMK), could be defined as a set of services comprising the following activities: a) Micro- credit: Small loans; primarily for income generation activities, but also for consumption and contingency needs. b) Micro- savings: thrift or small savings from borrowers’own resources. The main features of the micro-finance services being provided by RMK are: 1. It is a tool for empowerment of the poorest; the higher the income and better the asset position of the borrower, the lower the incremental benefit from further equal doses of micro-credit is likely to be. 2. Delivery is normally through Self Help Groups (SHGs). 3. It is essentially for promoting self-employment; the opportunities of wage employment are limited in developing countries - micro finance increases the productivity of self-employment in the informal sector of the economy - generally used for (a) Direct income generation (b) Rearrangement of assets and liabilities for the household to participate in future opportunities and (c) Consumption smoothing. 4. It is not just a financing system, but a tool for social change, specially for women - it does not spring from market forces alone - it is potentially welfare enhancing - there is a public interest in promoting the growth of micro finance - this is what makes it acceptable as a valid goal for public policy. 5. Because micro credit is aimed at the poorest, micro-finance lending technology needs to mimic the informal lenders rather than the formal sector lending. It has to : (a) Provide for seasonality (b) Allow repayment flexibility (c) Eschew bureaucratic and legal formalities (d) Fix a ceiling on loan sizes. Microfinance approach is based on certain proven truths which are not always recognised. These are:  That the poor are bankable; successful initiatives in micro finance demonstrate that there need not be a trade off between reaching the poor and profitability - micro finance constitutes a statement that the borrowers are not ‘weaker sections’ in need of charity, but can be treated as responsible people on business terms for mutual profit That almost all poor households need to save, have the inherent capacity to save small amounts regularly and are willing to save provided they are motivated and facilitated to do so –  That easy access to credit is more important than cheap subsidised credit which involves lengthy bureaucratic procedures - (some institutions in India are already lending to groups or SHGs at higher rates -this may prevent the groups from enjoying a sufficient margin and rapidly accumulating their own funds, but members continue to borrow at these high rates, even those who can borrow individually from banks) 'Peer pressure' in groups helps in improving recoveries. 7.4.3. REASONS FOR FOCUS ON POOR WOMEN: The National Credit Fund for Women or the Rashtriya Mahila Kosh (RMK) is working exclusively for poor women. Its loans are available solely and entirely to this target group. The reasons for this are several: Among the poor, the poor women are the most disadvantaged - they are characterized by lack of education and access to resources, both of which are required to help them work their way out of poverty and for upward economic and social mobility  The problem is more acute for women in countries like India, despite the fact that women’s labour makes a critical contribution to the economy - this is due to low social status and lack of access to key resources - Evidence shows that groups of women are better customers than men - they are better managers of resources - benefits of loans are spread wider among the household if loans are routed through women - mixed groups are often inappropriate in Indian society - record of all-male groups is worse than that of all-women groups, everywhere – 7.4.4 Its main objectives are: 1. To provide or promote the provision of micro-credit to poor women for income generation activities or for asset creation. 2. To adopt a quasi-informal delivery system, which is client friendly, uses simple and minimal procedures, disburses quickly and repeatedly, has flexibility of approach, links thrift and savings with credit and has low transaction costs both for the borrower and for the lender. 3. To demonstrate and replicate participatory approaches in the organization of women’s groups for thrift and savings and effective utilization of credit. 4. To use the group concept and the provision of credit as an instrument of women’s empowerment, socio-economic change and development. 5. To cooperate with and secure the cooperation of the Government of India, State Governments, Union Territory administrations, credit institutions, industrial and commercial organisations, NGOs and others in promoting the objectives of the Kosh. 6. To disseminate information and experience among all these above agencies in the Government and non-government sectors in the area of microfinance for poor women. 7. To receive grants, donations, loans, etc., for the furtherance of the aims and objectives of the Kosh. The office of the Kosh is situated in New Delhi. The Kosh does not have any branch offices. The Executive Director is the chief executive officer of the Kosh. The Executive Director functions under the overall supervision, direction and control of the Governing Board. The Governing Board comprises 16 members consisting of senior officers of the Government of India and State Governments, specialists and representatives of NGOs active in the field of microfinance for women. The Governing Board is chaired by the Minister in charge of the Department of Women & Child Development in the Government of India. The General Body of the Kosh consists of all members of the Board, institutional members and individual members. 7.4.5 Aims & Objectives A. The aims & objectives of Rashtriya Mahila Kosh are as follows:- 1. To promote or undertake activities for the promotion of or to provide credit as an instrument of socio-economic change and development through the provision of a package of financial and social development services for the development of women. 2. To promote and support schemes for improvement of facilities for credit for women:- a) For sustenance of their existing employment b) For generation of further employment c) For asset creation d) For asset redemption and e) For tiding over consumption, social and contingent needs. 3. To demonstrate and replicate participatory approaches in the organization of women’s groups for effective utilization of credit resources leading to self-reliance. 4. To promote and support experiments in the voluntary and formal sector using innovative methodologies to reach poor women with credit and other social services. 5. To sensitize existing government delivery mechanisms and increase the visibility of poor women as a vital and viable clientele with the conventional institutions. 6. To promote research, study, documentation and analysis, including provision of fellowships and scholarships, of credit and its management and of successful experiences at various levels in order to promote replication and dissemination of successful credit extension and management methodologies. 7. To promote the federation and net working of women’s organizations for shaping & exchange of experience and information and to develop skills in response management & social mobilization. 8. To promote and support the expansion of entrepreneurship skills among women. 9. To cooperate with and secure the cooperation of the Central Government, State Governments and Union Territory Administration, credit institutions, industrial and commercial organisations and non-governmental, voluntary and other organisations and bodies in promoting the objects of the Kosh. 10.To accept subscriptions, grants, contributions, donations, loans, guarantees, gifts, bequests etc. on such terms and obligations not inconsistent with the aims and objects of the Kosh, and 11. To do all such lawful acts & things as may be necessary or conducive for furthering the objects of the Kosh. B. There shall be no discrimination on the ground of religion, community, caste or class, creed or race in carrying out the aims and objects of the Kosh. C. All the incomes, earnings, movable, immovable properties of the Kosh shall be solely utilized and applied towards the promotion of its aims and objects only as set forth in the Memorandum of Association and no part of income and property of the Kosh shall be paid or transferred directly or indirectly by way of dividends, bonus, profits or in any manner whatsoever to the present or past Member of the Kosh or to any person claiming through any one or more of the present or past members. No member of the Kosh shall have any personal claim on anymovable or immovable properties of the Kosh or make any profits, whatsoever by virtue of his membership. The accounts of the Kosh shall be audited and balanced each year. Provided, however, nothing herein contained shall prevent the payment, in good faith, of remuneration to any member or other person in return for any services rendered to the Kosh or for traveling allowances, halting or other similar charges. 7.4.6 Function of the Kosh The Kosh discharges the following functions for the furtherance of its objects. 1. The Kosh will seek to enable women to achieve economic independence. It will strive to go beyond credit delivery and provide services for integrated development centered around the needs of poor women. 2. While provision of credit to cover composite needs is essential, such credit will be linked mainly to production and economic activity. 3. To create an environment to facilitate and support further innovation and experimentation for designing suitable delivery mechanisms to reach poor women. 4. To provide for research, whose primary function would be to explore/facilitate and conduct participatory action research and analysis, based on which policy imperatives and action (including legislation) can be identified and advocated to address the constraints in the formal system. 5. Education of credit management will be integrated with the provision of credit, along with literacy and skill training for individual women, leadership training among groups for self management, etc. 6. Accessibility of credit to poor women will be improved in terms of physical distance, simplification of procedures, flexibility of measures for loans and recovery and other measures conducive to increase utilization, etc. 7. Provision of a number of support services (both economic as well as social) to enable the women to address themselves to the complexity of the problems and deprivations arising from poverty and powerlessness, over the above services and schemes already existing. 8. Provision of adequate, timely, regular flexible credit inputs matched to the individual needs of women allowing for the seasonality and diversity of poor women’s work and occupations. 9. Promote and support grass root level societies and organisations and other participatory structures for providing for women effective access to decision making. 10. To have a policy and advocacy dimension in its working which based on all of the above, would provide a basis for revisions in the formal system. 11. Develop effective channels of communication between women and the credit/banking systems to enable the latter to adapt their procedures as required by the personal priorities and constraints of poor women. 12. Advocate for greater appreciation among the conventional credit systems of the need for simple alternative systems and rethinking of the social lending costs in reaching the poor. 13. Establish a mechanism for dissemination of information and experience among agencies in the Government and non-government sectors in the area of credit for poor women. 14. Identify and build up a resource base for training, project formulation and evaluation of needs at regional levels so as to promote greater outreach of services and coverage of remote areas. 15. To mobilize resources at several level from governments, public and private donors and from other developmental agencies both governmental and non-governmental. 16. Motivate voluntary organisations. 17. To coordinate with other credit and development agencies/connected with the well being of women. 18. To grant monetary and other assistance including loans/guarantees to banks/ persons/organisations and associations, etc. who is engaged in the promotion and development activities for economic upliftment of women. 19. To subscribe to or become a member of or otherwise cooperate with other associations whose objects are wholly or in part similar to those of the Kosh. 20. To borrow, raise or secure the payment of money in such manner as the Kosh shall deem proper or convenient for furtherance of the above objects and, in particular, by the issue of bonds, debentures, bills of exchange, promissory notes or other obligations or securities of the Kosh and to purchase, redeem or pay off such obligations or securities. 21. To accept and to give grants, donations and subscriptions in furtherance of the objects of the Kosh. 22. To purchase, accept as a gift or otherwise acquire and own or take on lease or hire temporarily or permanently, any movable or immovable property necessary or expedient for the furtherance of the objects and activities of the Kosh and to deal with the same in any manner whatsoever. 23. To support and do all such things as are or may be necessary or incidental to, or conducive to the attainment of any of or all of the objects of the Kosh. 7.4.7 The Kosh has three main roles: Wholesaling Role- It acts as a wholesaling apex organisation for channelising funds from government and donors to retailing intermediate microfinance organisations (IMOs). The Kosh has so far received only a one-time grant from government and has not needed to raise funds from any other sources]. Market Development Role - It developes the supply side of the micro finance market by offering institution building support to new and existing-but-inexperienced IMOs by structures of incentives, transfers of technology, training of staff and other non-financial services- [The Kosh realises that it can play a value adding wholesaling role only when a sufficiently large and well established micro finance sector already exists - this depends on the number of IMOs and the sustainability of IMOs - subsidised institution building increases the equity of any IMO as much as grants do - large and premature disbursement of funds to the IMO can reduce the effectiveness of any institution building effort]. Advocacy Role - whereby RMK acts as an advocate or agent for influencing development and micro-finance policy and creating a more enabling policy and legal environment for spread of micro-finance activities in India. Being a creation and a representative of the government, RMK has a particular advantage in this area Available at:http//www.rmk.nic.in/www.rmk.html. 7.5 POLICIES 1. Development of women has been receiving attention of the Government right from the very First Plan (1951-56). But, the same has been treated as a subject of ‘welfare’ and clubbed together with the welfare of the disadvantaged groups like destitute, disabled, aged, etc. 2. The Central Social Welfare Board (CSWB), set up in 1953, acts as an Apex Body at national level to promote voluntary action at various levels, especially at the grassroots, to take up welfare-related activities for women and children. 3. The Second to Fifth Plans (1956-79) continued to reflect the very same welfare approach, besides giving priority to women’s education, and launching measures to improve maternal and child health services, supplementary feeding for children and expectant and nursing mothers. 4. The shift in the approach from ‘welfare’ to ‘development’ of women could take place only in the Sixth Plan (1980-85). Accordingly, the Sixth Plan adopted a multi-disciplinary approach with a special thrust on the three core sectors of health, education and employment. 5. In the Seventh Plan (1985-90), the developmental programmes continued with the major objective of raising their economic and social status and bringing them into the mainstream of national development. A significant step in this direction was to identify/promote the ‘Beneficiary-Oriented Schemes’ (BOS) in various developmental sectors which extended direct benefits to women. The thrust on generation of both skilled and unskilled employment through proper education and vocational training continued. 6. The Eighth Plan (1992-97), with human development as its major focus, played a very important role in the development of women. It promised to ensure that benefits of development from different sectors do not by-pass women, implement special programmes to complement the general development programmes and to monitor the flow of benefits to women from other development sectors and enable women to function as equal partners and participants in the development process. 7. The Ninth Plan (1997-2002) made two significant changes in the conceptual strategy of planning for women. Firstly, ‘Empowerment of Women’ became one of the nine primary objectives of the Ninth Plan. To this effect, the Approach of the Plan was to create an enabling environment where women could freely exercise their rights both within and outside home, as equal partners along with men. Secondly, the Plan attempted `convergence of existing services’ available in both women-specific and women-related sectors. To this effect, it directed both the centre and the states to adopt a special strategy of ‘Women’s Component Plan’ (WCP) through which not less than 30 per cent of funds/benefits flow to women from all the general development sectors. It also suggested that a special vigil be kept on the flow of the earmarked funds/benefits through an effective mechanism to ensure that the proposed strategy brings forth a holistic approach towards empowering women. 8. To ensure that other general develop-mental sectors do not by-pass women and benefits from these sectors continue to flow to them, a special mechanism of monitoring the 27 BOS for women was put into action in 1986, at the instance of the Prime Minister’s Office (PMO). The same continues to be an effective instrument till today. CHAPTER-VIII JUDICIARY 8.0 INTRODUCTION: Over the decades the general public has come to repose absolute faith in the judiciary. The Supreme Court of India has responded to issue the gender justice in a positive manner. It has made a determined bid to assuage the women’s grievances against discrimination by upholding their constitutional and legal rights. Some of the recent decision given by the Apex Court significantly advances the cause and the dignity of women. “Half of the Indian populations are women. Women have always been discriminated against and have suffered and are suffering discrimination in silence. Self-sacrifice and self- denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, inequality and discrimination.” (Madhu Kishwar v. State of Bihar (1996) 5 SCC 145) “ . . . The degradation of society due to the pernicious system of dowry and the unconscionable demands made by the greedy and unscrupulous husbands and their parents and relatives resulting in an alarming number of suicidal and dowry deaths by women has shocked the legislative conscience to such an extent that the Legislature has deemed it necessary to provide additional provisions of law, procedural as well as substantive, to combat the evil.( Brij Lal v. Prem Chand 1991 SCC (cri) 394)) In Valsamma Paul v. Cochin University 1996 (3) SCC 545 , it was held by the Supreme Court that human rights are derived from the dignity and worth inherent in human beings. Human Rights and fundamental freedom have been reiterated by the Universal Declaration of Human Rights and they are interdependent and have mutual reinforcement. The human rights of women including girl child are therefore an inalienable, integral and indivisible part of universal human rights. The full development of personality and fundamental freedom of women and their equal participation in political, social, economic and cultural life are concomitants for national development, social and family stability and growth-culturally, socially and economically. All forms of discrimination on grounds of gender are violative of fundamental freedom and human rights. 8.1Where lays the Bottleneck? The formidable foe is the societal role perception of women. Economic empowerment, professional competence and integrity of women are looked down upon even today. That is the reason why the numerous legislations passed to help women to occupy equal place in society often seem to be grading concessions they are rendered in fructuous for they are unimplementable Enforcement of Child Marriage Restraint Act, the Dowry Prohibition Act, Sati Prevention Act Immoral Traffic Prevention Act are glaring examples. The male mindset, even in this century and times, is refusing to realize that women remain an integral part of the human community and that it will be impossible to consider socio-economic and societal transformation in isolation without women playing their due developmental role. 8.1.1 Reservation of Posts for Women In Government of A P v. P.B. Vijaykumar (1995) (3) SCALE 163,Reservation of posts for women has been upheld under Art. 15(3) though Art. 16 does not specifically provide for such reservation for women. 8.1.2 Women’s Empowerment As way back in 1980, the UN Report8.5 Commented: “That Women constitute half the world’s populations, perform nearly two thirds of work hour, receive one tenth of the world’s income and own less than one hundredth percent of world’s property”. Half of the Indian populations too are women. Women have always been discriminated and have suffered and are suffering discrimination in silence. Self- sacrifice and self-denial add to their nobility and fortitude, and yet they been subjected to all inequities, indignities, inequality and discrimination”. Judicial activism through a process of affirmative action protective discrimination is the need of the hour if empowerment of women, to a fair degree, is to be achieved. Even today men and women are not equal. Those who are unequal, in fact, cannot be treated by identical standards. Existence of equality of opportunity depends not merely on the absence of disabilities but on the presence of abilities. “Equality in Law” must ultimately result in “Equality in fact”. In seeking to achieve this ideal state or situation, the state must resort to compensatory state action for the purpose of making people who are factually unequal in their wealth, education and social environment, equal atleast in certain specified areas. It is necessary to take into account defacto inequalities which exist in society, while taking affirmative action by way of giving preference and reservation to socially and economically more disadvantaged persons or inflicting handicaps on those more advantageously placed, in order to bring about real equality. Such affirmative action, though apparently discriminatory,is calculated to produce equality on a broader basis by eliminating defacto inequalities and placing the weaker section of society on a footing of equality with the strong and more powerful so that each member o the community, whatever his or her birth, occupation or social position may enjoy opportunity of using, to the full, his or her natural endowments, character or intelligence. The Archaic concept of women being inferior to men continued even after independence. According to MANU, (laws of MANU, chapter 10, Page 51), a women is never fit for independence, because her father protects her in childhood, her husband in youth, her sons in old age. Hindu religion considering, sons as essential to the family, since sons alone could offer oblations to their departed ancestors and save them from suffering a spell in hell. The daughter could not perform these rites and was therefore considered as inferior to the son. The ancient Roman, Greek, and Egyption civilizations were no exception wherein the status of women was inferior to that of man. England, which boasts of an ancient democratic tradition, gave its women a right to vote only in the year 1928. Like the Hindu religion, other religions such as Islam and Christianity also placed women on a much lower pedestal than that of men. 8.1.3 Labour and Employment  Second Labour Commission makes important recommendations for protection of women workers in unorganized sectors.  Umbrella legislation on social security for workers under formulation  Amendment proposals for many discriminatory provisions in labour laws such as Factory Act etc.  Important initiatives made to quantify the domestic, home based and casual work of women Programmes on training and skill development 8.2 EDUCATION 8.2.1 Grant of affiliation, to a women's only college, came up for consideration before the Division Bench of the Madras High Court in University of Madras Vs. Shantha Bai AIR 1954 Madras 67, and the grant of such affiliation was held permissible in view of Article 15(3) of the Constitution, which permitted special measures for women. 8.2.2 30% Reservation for women in selection for admission into MBBS Course, came up for consideration before the Division Bench of the A.P. High Court in P. Sagar v. State of A.P. AIR 1968 AP 165, wherein it was held that in view of Article 15(3), no exception could be taken for reservation in favour of women. Similarly in the case of Padmaraj Samarendra v. State of Bihar AIR 1979 Patna 266, a Five Judge Full Bench of the Patna High Court held that reservation for girl students in Medical Colleges was valid. In Amalendra Kumar v. State of Bihar AIR 1980 Patna Page 1,also the Division Bench of the Patna High Court held that reservation of 20% seats for girl students in Medical Colleges was valid.  Free and compulsory education for children in the age group of 6 to 14 enshrined as a fundamental right and early childhood care and education included as a Directive Principle.  Major gains made in female education- for the first time absolute number of female illiterates comes down and rate of growth of female literacy outpaces that of male.  Sarva Siksha Abhiyan launched to provide education to all Government reiterates its commitment to gradually increase allocation on education to 6% of GDR 40% of budget on education spent for girls and women.  Schools Text books shall be reviewed to remove gender bias and stereotypes. 8.3 RESERVATION, DISCRIMINATION FOR WOMEN IN EMPLOYMENT Economic empowerment of women, through the process of affirmative action and Judicial activism, has been the cornerstone of various pronouncements of the Higher Judiciary in India. Strict enforcement of the equality clause under Articles 14, 15 and 16 of the Constitution and protective discrimination in favour of women has gone a long way in improving the educational standards of women and in their confidence in competing on an equal footing with men in matters relating to employment. Courts have come down heavily on the continuing gender bias in Executive action, and have contributed in no small measure for the substantial reduction in the societal prejudices against women's participation in areas and avenues, which were hitherto considered a male bastion. 8.3.2 In Oman Oomen Vs. FACT AIR 1991 Kerala 129, the Kerala High Court held that refusal to admit women for examination for selection on the ground that the selectees were required to work in the night shift, was held to be discriminatory on the basis of sex and in violation of Article 14 and 15 of the Constitution of India. 8.3.3 In case of C.B. Muthumma v. Union of India 1979 4 SCC 260 , a writ petition was filed by Ms Muthamma, a senior member of the Indian Foreign Service, complaining that she had been denied promotion to Grade I illegally and unconstitutionally. She pointed out that several rules of the civil service were discriminatory against women. At the very threshold she was advised by the Chairman of the UPSC against joining the Foreign Service. At the time of joining she was required to give an undertaking that if she married she would resign from service. Under Rule 18 of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, it was provided that no married woman shall be entitled as of right to be appointed to the service. Under Rule 8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, a woman member of the service was required to obtain permission of the Government in writing before her marriage was solemnised. At any time after the marriage she could be required to resign if the Government was confirmed that her family and domestic commitments were likely to come in the way of the due and efficient discharge of her duties as a member of the service. On numerous occasions the petitioner had to face the consequences of being a woman and thus suffered discrimination, though the Constitution specifically under Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth and Article 4 provides the principle of equality before law. The Supreme Court through V.R. Krishna Iyer and P.N. Singhal, JJ. Held that: "This writ petition by Ms Muthamma, a senior member of the Indian Foreign Service, bespeaks a story which makes one wonder whether Articles 14 and 16 belong to myth or reality. The credibility of the Constitutional mandates shall not be shaken by governmental action or inaction but it is the effect of the grievance of Ms Muthamma that sex prejudice against Indian womanhood pervades the service rules even a third of a century after Freedom. There is some basis for the charge of bias in the rules and this makes the ominous indifference of the executive to bring about the banishment of discrimination in the heritage of service rules. If high officials lose hopes of equal justice under the rules, the legal lot of the little Indian, already priced out of the expensive judicial market, is best left to guess." Commenting further on the discriminatory rules the Court said: "Discrimination against woman, in traumatic transparency, is found in this rule. If a woman member shall obtain the permission of government before she marries. The same risk is run by government jf a male member contracts a marriage. If the family and domestic commitments of a woman member of the service is likely to come in the way of efficient discharge of duties, a similar situation may arise in the case of a male member. In these days of nuclear families, intercontinental marriages and unconventional behaviour, one fails to understand the naked bias against the gentler of the species." Expressing its opinion on Rule 18 of the Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961, the Court observed: "At the first blush this rule is defiance of Article 16. If a married man has a right, a married woman, other things being equal, stands on no worse footing. This misogynous posture is a hangover of the masculine culture of manacling the weaker sex forgetting how our struggle for national freedom was also a battle against woman's thraldom. Freedom is indivisible, so is justice. That our founding faith enshrined in Articles 14 and 16 should have been tragically ignored vis-à-vis half of India's humanity, viz. our women, is a sad reflection on the distance between Constitution in the book and Law in action. And if the executive as the surrogate of Parliament makes rules in the teeth of Part III, especially when high political office, even diplomatic assignment has been filled by women, the inference of diehard allergy to gender parity is inevitable." Striking down the rules as violating the principle of quality, it was said: "We do not mean to universalize or dogmatise that men and women are equal in all occupations and all situations and do not exclude the need to pragmatise where the requirements of particular employment, the sensitivities of sex or the handicaps of either sex may compel selectivity. But save where the differentiation is demonstrable the rule of equality must govern." 8.3.4 The Regulations of Air India which provided for termination of services of Air Hostesses on their first pregnancy, came up for consideration before the Hon'ble Supreme Court in Air India Vs. Nargesh Meerza AI R 1981 SC 1829 ,and it was held that such a regulation amounts to compelling the poor Air Hostesses not to have any children and thus interfere with and divert the ordinary course of human nature. The termination of service of the Hostesses, under such circumstances, was not only a callous and cruel act but was also an insult to Indian womanhood, the most sacrosanct and cherished institution. This provision was held not only to be manifestly unreasonable and arbitrary, but also to contain unfairness and naked deposition and as such clearly violative of Article 14 of the Constitution. 8.3.5 Since women were not getting their due share in public employment, the A.P. State and Subordinate Service Rules was amended by insertion of Rule 22-A which provides that (1) In matters of direct recruitment to posts for which women are better suited than men, preference shall be given to women. (2) In matters of direct recruitment of posts to which men and women are equally suited, other things being equal, preference shall be given to women and they shall be selected to an extent of 30% of the posts in each category. Challenge to these rules was repelled by the Hon'ble Supreme Court in Govt. of A.P. Vs. P.B.Vijay Kumar AIR 1995 SC 1648 wherein it was held that under Article 15(3) any provision which a State may make to improve women's participation in all activities, under the supervision and control of the State, can be either in the form of affirmative action or reservation. To put it in the words of Mrs. Justice Sujatha V. Manohar: "The insertion of clause (3) of Article 15 in relation to women is recognition of the fact that for centuries, women of this country have been socially and economically backward As a result, they are unable to participate in the socio-economic activities of the nation on a footing of equality. It is in order to eliminate this socio-economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that Article 15(3) is placed in Article 15. The objective is to strengthen and improve the status of women. An important limb of this concept of gender equality is creating job opportunities for women. To say that under Article 15(3), job opportunities for women cannot be created would be to cut at the very root of the underlying inspiration behind this article. Making special provision for women in respect 'of employment or posts under the State is an integral part of Article 15(3)." 8.3.6 Preference to lady applicants in furtherance of giving effect to the provision of self-employment of women to the extent of 30% was upheld by the Supreme Court in the case of Gayathri Devi v. State of Orissa 2000 (4) SCC 221. The provision in service rules, requiring a female employee to obtain permission of the Government in writing before her marriage is solemnized and denying the right to be appointed on the ground that the candidate is a married woman, came up for consideration before the Hon'ble Supreme Court in Ms. C.B. Muthamma v. Union of India AIR 1979 SC 1867 wherein it was held that if a married man has right, other things being equal, a married woman stands on no worse footing. If the family and domestic commitment of a woman member of the service is likely to come in the way of efficient discharge of duties, similar situation may arise in the case of male member also. 8.3.7 In P. Katama Reddy v. Revenue Division Officer 1997 (6) ALT 548,the Division Bench of the A. P. High Court held: "In fact 30% theory of reservation to women in Professional Courses, Jobs, etc., in the State of Andhra Pradesh is a well accepted theory, that a Draft bill for amending the Representation of Peoples Act, which is pending in the Parliament, proposes women's reservation in Legislative Body, be it Assembly or Parliament, to the extent of 1/3rd and that when there is no reservation prescribed by the State, Constitution, Courts can always prescribe such limits which are fair and reasonable" 8.3.8 The Judicial service rules, which provided that a married woman could not be appointed as a District Magistrate, since it could affect efficiency of Services, came up for consideration before the Division Bench of the Orissa High Court in Radhacharan Patnayak Vs. State of Orissa AIR 1969 Orissa 267, and the Division Bench held that dis- qualification of a married woman from being eligible for appointment amounts, in substance, to disqualification on the ground of sex only. Marriage does not operate as a dis- qualification for appointment as District Judge in case of men whereas in the case of a married woman, they are being excluded from appointment. Such dis-qualification thus being based on sex was held to be unconstitutional. 8.3.9 In the case of A.N. Rajamma v. State of Kerala 1983 LABIC 1388, the Division Bench of the Kerala High Court, in a case of denial of appointment for women on the ground that the job they were selected for was arduous in nature, held that whether the work is of arduous nature and therefore unsuitable for women must be decided from the point of view of how a woman feels about it and how they would assess it. It is regrettable that decisions of material consequences said to be made in the so called interest of women, purporting to protect the position of women, are generally taken not after any consultation with the representative bodies of women, but unilaterally by the administrators, most of whom carry with them a hangover of the past, the past of male domination in our social set up. The woman is no longer content merely to sit at home expecting the man to earn bread for the family. Both are quite often equal partners in sharing the financial burden of running a home. This social change must necessarily have its impact upon traditional perspectives concerning women's role and that must call for a change in our Laws, particularly so in the light of the Constitutional mandate of equality. Rules should not operate as a deterrent to such change. Time must necessarily come when all posts, excepting those which due to physical reasons a woman cannot take up, must be available to them. The attempt should not perpetuate discrimination, but to obliterate it". 8.3.10 Termination from service of a Lady teacher, in a private school, on the ground that she was married, was held to be obnoxious and opposed to public policy by the Madras High Court in Ms. Siva Narul Vs. State of Tamilnadu 1985(2) LU 133, The rule which provided that women shall not be eligible to the Ministerial Establishment of Civil Courts subordinate to the High Court was held by a Division Bench of the Allahabad High Court to be violative of Article 16(2) of the Constitution in "Smt. Urmila Devi v. State of U.P. 1990 LABC 2047 8.3.11 Preference given to women in appointment Primary School Teachers, came up for consideration before the Division Bench of the Orissa High Court in Bijay Kumar Jena Vs. State of Orissa 1987 LABIC 593 , wherein it was held, "that economic dependency of women, a subservient role played by them in social stage are directly related to the educational backwardness of the majority of the women. A larger scope of employment for women would to some extent ameliorate the backwardness of women. It is the duty of the State to promote with special care their educational and economic interests". The circular issued by the Orissa Government was held to be valid. Similar is the case, in JR. Clement Regis v. State of Tamilnadu 1993 (2) CLR 651 a judgment of the Madras High Court. Reservation of posts of, Enquiry and Reservation Clerks in Railways only for women was held justified by the Delhi High Court in Charon Singh v. Union of India 1979 ~ABle 633,on the ground that malpractices in the reservation office would be reduced and substantial improvement effected if women were employed in the place of men. A similar provision was upheld by the Supreme Court in Union of India v. K. P. Prabhakaran 1997 Vol. 11 see 638 . 8.4 MAINTENANCE In Mangatmul V. Punni Devi (1995) (5) SCALE 199, the Supreme Court said "Maintenance as we see it necessarily must encompass a provision for residence. Maintenance is given so that the lady can live in the manner more or less to which she was accustomed. The concept of maintenance must, therefore, include provision for food and clothing and the like, and take into account the basic need of a roof over the head. Provision for residence may be made either by giving a lump sum in money or property in lieu thereof 'in Shantha v. B. G. Shivananjappa AIR 2005 SUPREME COURT 2410. 8. We are, therefore, of the view that in the peculiar circumstances of the case, the bar under Section 125(3) cannot be applied and the High Court has erred in reversing the order of Sessions Judge. It must be borne in mind that Section 125 Cr.P.C. is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. It is unreasonable to insist of filing successive applications when the liability to pay the maintenance as per the order passed under Section 125(1) is a continuing liability. In Danial Latifi v. Union of India AIR 2001 SC 3958 While upholding the validity of the Act, we may sum up our conclusions: Court holds that - 1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of Section 3(1)(a) of the Act. 2) Liability of Muslim husband to his divorced wife arising under Section 3(1)(a) of the Act to pay maintenance is not confined to iddat period. 3) A divorced Muslim woman who has not remarried and who is not able to maintain herself after iddat period can proceed as provided under Section 4 of the Act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to Muslim law from such divorced woman including her children and parents. If any of the relatives being unable to pay maintenance, the Magistrate may direct the State Wakf Board established under the Act to pay such maintenance. 8.5 DIVORCE Saleem Basha v. Mumtaz Begum RL R.C. No.1000+999 of 1995-decided on 22.4.98 -decided on 22.4.98. Judge S.M. Siddickk of the Madras High Court said, "Quran discourages divorce-it permits only after pre-divorce conference attempting for reconciliation" and mediation by both parties. Reference was made to the case of Fazlenbi vs. K. Khader vat (AIR 1980 SC) 1730. Justice Krishna Iyer speaking before the Supreme Court quoted CJ Behard Islam an elaborate judgment replete with quotes from the Holy Quran has exposed the error of early English authors and judges who dealt with Talaq in Muslim law as good even if pronounced at whim or tantrum by the husband; in the absence of serious reasons, no man can justify a divorce either in the eye of religion or the law. If he abandons his wife or puts her away in simple caprice, he draws upon himself the divine anger, for the curse of God, said the Prophet rests on him who repudiates his wife capriciously. 8.6 STATUTORY BENEFITS IN FAVOUR OF WOMEN / JUDICIAL ACTIVISM The Maternity Benefit Act though provide for nursing breaks to feed the children, this is not being implemented. Also for enabling the mother to nurse the baby, the NCW recommended that maternity leave of six months shall be given to women so that she can be at home and feed her baby for six months. If statutory bodies recommendations are not heeded by the States, the Courts have to step in. There are other laws governing conditions of work which contain special provisions for the welfare of women. Despite Legislation in this regard, the percolation of benefits in favour of women has not matched legislative intent. Much more needs to be done. Judicial activism, though Substantial, cannot be a substitute for Legislation in this regard. Bhandua Women: The Supreme Court in the case of Bandhua Mukti Morcha v.Union of India AIR 1984 SC 802 while dealing with a public interest litigation relating to forced and bonded labour, issued guidelines for the benefit of workers in stone quarries which included directions to the Central Government and State Government to ensure that the provisions of the Maternity Act 1961, the Maternity Benefit (Mines and Circus) rules 1963 and the Mines, Creche rules 1966, wherever applicable in any particular stone quairy and stone crusher, are implemented by the mines lessees and the stone crusher owners. In Vikramdeo Singh Tomar Vs. State of Bihar AIR 1988 SC 1782, inhuman living conditions of female inmates of Care Home at Patna came up for consideration. The Supreme Court held that the right to live with human dignity is a fundamental right of an Indian citizen and there is a need for maintaining establishments for the care of women and children who are castaways of an imperfect social order and for whom provision must be made for their protection and welfare. It was held to be incumbent upon the State, when assigning women and children to these establishments, to provide atleast the minimum conditions ensuring human dignity. The Hon'ble Supreme Court in Uttarakand Mahila Kalyana Parishad v. State of A.P. A.P.1993 Supp. (1) SCC 480 held that where men and women are doing the same work, there was no reason to pay women less and to give them less avenues for promotion. 8.6.1 Daughter's Right vis a vis Son: The circular of the Government of India, which entitled married daughter of a retiring official to be eligible to obtain Railway accommodation only if her retiring father had no son, came up for consideration before the Hon'ble Supreme Court in Savitha Vs. Union of India (1996 (2) SCC 2808.19), and the Hon'ble Supreme Court, after a very apt quote - "son is a son until he gets a wife, a daughter is a daughter throughout her life", held the said circular to be wholly unfair, gender biased and unreasonable. In a Judgment, reported in "THE HINDU" on 12.12.2000, the Madras High Court, while holding that women could not be excluded from employment in the Night Shift and such a provision in the Factories Act was unconstitutional and it violated Article 15 of the Constitution, framed guidelines for factories to follow for employee women in the night shift, especially to deter and penalize sexual harassment, provide transport and canteen facilities for women etc. 8.6.2 Decency & Dignity: The right of women to be treated with decency was taken note of by the Supreme Court in the State of Punjab Vs. Baldev Singh 1Hindu woman entitled to equal property rights: Supreme Court,THE HINDU available at: http://www.thehindu.com/news/national/hindu-woman-entitled-to-equal-property-rights-supreme-court/article2534751.ece , wherein the Supreme Court held that even in cases where it is necessary to search a woman, the search shall be made by another woman, with strict regard to decency. Failure to do so may not only affect the credibility of the prosecution case, but may also be found violative of the basic right of a woman to be treated with decency and proper dignity. 8.7.0 RIGHT TO PROPERTY: 8.7.1 IMPORTANT ENDOWMENTS 1999(6) SCC 172Property is one of the important endowments or natural assets to accord opportunity, source to develop personality, to be independent, thus effectuating the right of equal status and dignity of person to women. In Pratap Singh v. Union of India AIR 1985 SC page No. 16958.21 , the Hon'ble Supreme Court repelled the challenge made to Sec. 14(1) of the Hindu Succession Act, which provided that any property possessed h" a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as a full owner and not as a Limited Owner. The challenge to the validity of Sec. 14 (1) was on the ground that the said section favoured Hindu women, on the ground of sex, to the prejudice of male members of the Hindu community. The Supreme Court held that Sec. 14(1) was enacted to remedy to some extent the plight of Hindu women and that there was hardly any justification for the men belonging to the Hindu' Community to raise any objection to the beneficent provisions contained in Sec. 14 (1) on the ground of hostile discrimination, since the 'said section was protected by the express provisions contained in clause (3) of Article 15 of the Constitution' and was a special provision enacted for the benefit of Hindu women. The ambit and scope of Section 14( 1) of the Hindu Succession Act was considered by the Supreme Court and its beneficial effect in further empowering women was taken due note of in Jagannathan Pillai v. Kunjithapadam Pillai AIR 1987 SC 1493, "C. Masilamani Muddaliar v. Idol of Sri Swaminathaswami AIR 1996 SC 1697, and Velamuri Venkata Siva Prasad v. Kothuri Venkateswarlu 2000 (2) SCC 139. Judicial emphasis of Gender equality as the prime consideration in interpretation of statutes conferring property rights on women has encouraged legislation in this regard. The Andhra Pradesh Legislature adopted a Bill on 24.9.1985 to confer equal right to property on Hindu women. A new Chapter II-A was inserted into the Hindu Succession Act consisting of Sections 29-A 29-8 and 29-C. Section 29-A stipulates that in a joint family governed by the Mitakshara law the daughter shall by birth become a coparcener in her own right and have the same rights in the coparcenary property as she would have had if she had been a son. It makes the daughter’s right to ancestral property direct and absolute. Section 29-B provides for the devolution of such interest by survivorship. Section 29-C gives preferential right to acquire property in certain cases. 8.7.2 THE IMPACT The impact of this amendment has been far-reaching. It has had its share of critics who believe that this is the beginning of the end of the Joint family system which has been the bedrock of Hindu Civilization for centuries. The Supreme Court paved 'way for other courts to follow it as a precedent while deciding cases of women's right to property. 8.7.3 Comment: The men never wanted to part with property in favour of women as they normally would hold on to political power which even reluctantly and that they are not willing to share. If only equal rights to property with that of the boys are given to girls, the dowry extortion leading to dowry death can be totally avoided and eliminated as also child marriages, to a large extent, sale of girls etc. 8.7.4 Property Rights of Women/Widows: Another important area of concern for the judiciary relates to property rights of women. The two important laws have transformed the Hindu women's right to inherited family property. One is Hindu Women's Right to Property Act 1937 and the Hindu Succession Act, 1956. Kotturu Swami Vs. Setra Verrawa, a Hindu widow who was wrongfully dispossessed filed a ost,ii"t}ot possession in March 1956 before the passing of the Hindu Succession Act 1956. The Court said that on coming into force of the said Act, she must be regarded as a female Hindu who possessed the property for the purposes of section 14 and so she became a full owner of it. The Supreme Court has almost flexed quite far to interpret the section 14 as also the Hindu female's other situational status to her advantage. If not for such a liberal interpretation most of the widows would have been deprived of their right to inheritance of what is there due. The famous Mary Roy's case 1986 (2) SCC 209, where the Supreme Court held that the Indian Succession Act will apply to the Christians of Kerala after the integration of states. Christian women, the Court said, cannot be given a lesser share in inheritance under the old state law. 8.7.5 Remarriage by Hindu widow Hindu Marriage Act 1955 Section-24 Remarriage by Hindu widow effect to succeed late husband's property well settled that succession never remains in abeyance; widows right to succeed does not stand forfeited on her remarriage at a later date -whether correct? (yes) II (1995) DMC 326 Bombay High Court Babu Rao Parashuram Ukharde & Ors. . Appellants Vs. Smt. Laxmibai & Ors. . Respondents Hindu Marriage Act 1955. Section 7 (1) ceremonies for Hindu marriage - Gandharva form of marriage between parties belonging to Maratha Community - Performance of Ceremonies like Laganhome, saptapadi etc., not necessary in case of Gandharva marriage. 8.7.6 Widows Right to Property (Contd.) The double discrimination suffered by widows in India has left many to destitution and vulnerability to abuse. Especially in cases of property, which even if willed to the surviving widow have been challenged. The lot of widow in Brindavan tells us a story of desertion, fraud deprivation of their right to shelter and property and who are left in a state of social ostracism and stigma. The governmental policies for social justice and empowerment are not able to change the attitudes of people including the field workers and officials. Unless radical changes are thrust on society, the hope appears far remote. In such a situation the judgment of the Supreme Court in the case of Maslamani Mudaliar & Ors. Vs. Idol of Sri Swaminathaswami Thirukoil & Ors brings fresh air in the desert lives of widows: Widow entitled to full ownership of property Supreme Court 14 July 1998 8.7.7 AIR 1998 SC 24018.23; (1998) 2 CHRLD 451 S, a Hindu man who died in 1946, bequeathed the 'right, control and ownership' of his property to his wife D, for whom he was obliged to provide maintenance, for her lifetime. His will was challenged by the respondents (cousins of the deceased) and a compromise decree was drawn up to the effect that his property should remain in D's 'ownership and possession' during her lifetime. After D died in 1969, the respondents filed a suit for possession of the property on the grounds that D' had only limited rights to the property and had never had full ownership of it within the meaning of Section 14( 1} of the Hindu Succession Act 1956 (the 1956 Act). Section 14(l) Hindu Succession Act 1956 made drastic changes in the structure of Hindu law of inheritance and succession by removing traditional limitations on the powers of a Hindu widow to deal with her husband's property in her possession, in lieu of her right to maintenance and by granting her absolute ownership rather than limited rights. C. Masilamani Mudaliar & Ors v Idol of Sri Swaminathaswami Thirukoil & Ors Equality Property Women Widow entitled to full ownership of property left to provide maintenance Supreme Court 30 Jan 1996 (1996) 8 SCC 525; AIR 1996 SC 1697 A Hindu man bequeathed certain property to his wife S and his cousin's widow J, for whom he was duty - bound to provide maintenance. The property was to be shared equally by Sand J but not sold during their lifetimes. His will further provided that, should one pre- decease the other, the survivor would have the right to enjoy the property 'in its entirety' and that it should be held in trust for religious and charitable purposes after the death of both of them. After J died, a power of attorney holder appointed by S arranged for the property to be sold to the respondents. This was challenged by beneficiaries of the trust. Right of Daughters and Grand Daughters to Own Land Govindasamy (deceased) by LRs Be Ors v Director of Land Reforms (1998) AIR SC 100, Madras Be Ors Property women Unmarried daughters and granddaughters capable of owning land Supreme Court 12 Feb. 1998 . Under the Tamil Nadu Land Reforms Act 17 of 1970, Section 5 (l) the ceiling for land holdings is 15 standard acres for a 'family'. Under Section 3 (14), family includes unmarried daughters or grand daughters although, under Explanation II to the section. In the case of persons governed by Hindu law, 'unmarried daughters' and 'unmarried grand daughters' shall not include those in whose favour land has been voluntarily transferred by parents or grandparents. Under Explanation II, unmarried daughters and grand daughters in whose favour land has been transferred by parents or grand parents on account of natural love and affection or in whose favour a preliminary decree for partition has been passed subject to conditions are not considered unmarried daughters or granddaughters for the purposes of the Act. as recipient of her grandfather's lands, falls into this exception. Thus, her land holdings are not part of her father's family lands. Lands gifted to an unmarried granddaughter cannot be included in holdings of her family. She has to be treated as a separate 'person', holding the lands as full owner and the holdings of G's family are to be re-determined exclusive of the lands gifted to her. The appeal is allowed. Madhu Kishwar & Ors V State of Bihar Be Ors; Juliana Lakra v State of Bihar Equality: Property: Women's Work Women's rights to life and livelihood adversely affected by succession laws favouring men Supreme Court 17 Apr 1996 Kuldip Singh Punchhi J, K Ramaswamy J (1996) 5 SCC 125 (1996) 5 SCC 125; AIR 1996 SC 1864; (1996) 3 CHRLD 322 Sections 7, 8 and 76 of the Chotanagopur Tenancy Act 1908 -(Bihar) provided that, for members of 'Scheduled Tribes', intestate succession to property favours the male line. This was challenged as a violation of various Constitutional Rights including equality before the law, non discrimination and the right to life (Arts 14, 15 and 21 respectively) In suspending the effect of the impugned provisions it was held that: The customs of tribal peoples are many and varied and a court should not lightly superimpose on them the values of the Constitution.  It is not appropriate in the abstract to declare particular customs of tribal peoples to be inconsistent with the Constitution. Each custom needs to be examined in the light of all the circumstances of the case.  The inheritance and succession provision do not deal directly with rights to land, but rather, with classes of tenants.  There is no justification for implying as a matter of statutory interpretation that the male-specific references in the challenged provisions should be construed as referring to both men and women but it is not appropriate to strike down the provisions as violating Arts 14 and 15.  The right to life (Art 21) also incorporates the right to livelihood and any person deprived of the latter can complain of a breach of the former.  The impugned provisions strip the dependent family females of their interests in the land in favour of males from both inside and outside the family. Upon the death of a male with rights to land, therefore, the females' right to livelihood is removed.  The combined effect of the impugned provisions of the Act is suspended so long as the right of livelihood of the female descendants of the last male holder remains valid and in vogue; that is, until they choose other means of livelihood by abandoning the land or releasing their rights to it. The State of Bihar is directed to 'comprehensively examine' the issue of male preference in succession under the Act and to examine recommending to the national Government the removal of similar provisions in the Hindu Succession Act and the Indian Succession Act insofar as they affect the Scheduled Tribes of Bihar India is a signatory to the United Nations General Assembly's Declaration on the Right to Development and has ratified the Convention on the Elimination of All Forms of Discrimination against Women, both of which are enforceable in India pursuant to the Protection of Human Rights Act 1993.  The state is responsible for the promotion, protection and implementation of the equality, anti-discrimination and right to work occupation provisions in these international instruments. It should also facilitate women realizing the right to economic development and social and cultural rights.  The law must be flexible and adaptable in order to meet the needs of a changing society. Customs inconsistent with the fundamental rights guaranteed by the Constitution  The wording of the impugned provisions of the Act must be read down and interpreted so that references to the male sex include the female sex. Women of the Scheduled Tribes are entitled, therefore, to succeed to the estate of a father, husband or brother in equal share with the male heir(s). 8.8 PROSTITUTION “Women found in flesh trade, should be viewed more as victims of adverse socio- economic circumstances rather than as offenders in our society. The commercial exploitation of sex may be regarded as a crime but those trapped in custom-oriented prostitution and gender-oriented prostitution should be viewed as victims of gender- oriented vulnerability.” “Economic rehabilitation is one of the factors that prevent the practice of dedication of the young girls to the prostitution as Devadasis, Jogins or Venkatasins. Their economic empowerment and education gives resistance to such exploitation; however, economic programmes are necessary to rehabilitate such victims of customs or practices. They are being rehabilitated with the help of vocational training centres in some States by giving them preferential admission into educational training institutes”. “The society should make reparation to prevent trafficking in women, rescue them from red light areas and other areas in which the women are driven or trapped in prostitution. Their rehabilitation by socio-economic empowerment and justice, is the constitutional duty of the State. Their economic empowerment and social justice with dignity of person, are the fundamental rights and the Court and the Government should positively endeavour to ensure them” Gaurav Jain v. Union of India AIR 1997 SC 3021 In Vishal Jeet v. Union of India 1990) 3 SCC 318, the court held that the Act deals with not only a social but also a socioeconomic problem. Therefore, the provisions of the legislation are more preventive than punitive. 8.9 SEXUAL HARASSMENT OF WOMEN AT WORK PLACE David J. Marshall & Justine F. Andronici, "Sexual Harassment Law: A Brief Introduction for New Practitioners" http://www.kmblegal.com/ 8.9.1 Vishaka v. State of Rajasthan (1997) 6 SCC 241 (1997) 6 SCC 241. 1. Relying upon - CEDAW and the country's official commitment to it, in addition to the Constitutional mandate, the Supreme Court has laid down guidelines to be followed by employees to prevent sexual harassment of women employees. The guidelines are mandatory till they are replaced by legislation. “Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right. The common minimum requirement of this right has received global acceptance. The international conventions and norms are, therefore, of great significance in the formulation of guidelines to achieve this purpose.” Vishaka v. State of Rajasthan AIR 1997 SC 3011 Economic exigencies and women's increasing professional competence and liberation of women have led to more amd more women taking up jobs in offices in other establishments and industries. Their inferior physical strength has resulted in their exploitation at various stages and in various ways. . The Supreme Court, in Vishaka v. State of Rajasthan, taking due note of the hazards to which a working woman is exposed and the depravity to which sexual harassment can degenerate, opined that there was an urgent need for finding an effective alternate mechanism to fulfill this felt and urgent social need of prevention of sexual harassment at work place. In the absence of legislative measures and in view of the absence of enacted law to provide for effective enforcement of basic human rights of gender equality and to guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, the Supreme Court laid down guidelines and norms for due observation at all work places and other institutons, until a legislation is enacted for the purpose. These guidelines and norms were directed to be treated as law under Article 141 of the Constitution. The guidelines and norms specified by the Supreme Court include the duty of the employer in work places and other institutions, preventive steps to be taken in this regard, criminal proceedings, disciplinary action, complaints mechanism and complaints committee, to encourage workers initiative, creating awareness, and against third party harassment etc. These guidelines would not prejudice any rights available under the Protection of Human Rights Act 1993. These guidelines and norms, were directed to be strictly observed in all work places for preservation and enforcement of the right to gender equality of working women. 8.9.1 In Apparel Export Co. vs. A.K. Chopra AIR 1999 SC 625 (AIR 1999 SC 625), The Supreme Court was called upon to decide sexual misconduct of a superior officer against a subordinate female employee. In the words of Dr. Justice A.S. Anand, the Hon'ble Chief Justice "There is no gainsaying that each incident of sexual harassment at the place of work results in violation of the fundamental right to gender equality and the right to life and liberty - two most precious fundamental rights guaranteed by the Constitution of India. In our opinion the content of the fundamental rights guaranteed in our Constitution are of sufficient amplitude to encompass all facets of gender equality including prevention of sexual harassment and abuse and the courts are under a Constitutional obligation to protect and preserve those fundamental rights. That sexual harassment of a female at the place of work is incompatible with the dignity and honour of the female and needs to be eliminated and that there can be no compromise with such violation admits of no debate". "In a case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of a case and not gets swayed by insignificant discrepancies or narrow technicalities….. Such cases are required to be dealt with sensitively. Sympathy in such cases in favour of the superior officers is wholly misplaced and mercy has no relevance Joanne Conaghan, “GENDERED HARMS AND THE LAW OF TORT: REMEDYING (SEXUAL) HARASSMENT”, Oxford journal of legal studies, vol. 16, issue 3.". We have to strengthen international accountability, make provision for advisory services and adequate funding, improve the efficiency of the review bodies and bring about increased awareness of human rights by information and education and establish national institutions for promotion and protection of rights - and make "more fluid the interface between international and domestic law". To reiterate the Supreme Court in Vishakha Vs. State of Rajasthan, has held that it is now an accepted rule of judicial construction that regard must be had to international conventions and norms for construing domestic law, when there is no inconsistency between them and there is a void in the domestic law. In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14,15,19 (1) (g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein. Any international convention not inconsistent with the fundamental rights and in harmony with it, must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantees. This is implicit from Article 51 and the enabling power of the Parliament to enact laws for implementing the International Conventions and norms by virtue of Article 253 read with Entry 14 of the Union List in Seventh Schedule of the Constitution. "It is pertinent to mention that the immediate cause for filing of this case was Bhanwari Devi's case above mentioned, that is the rape of a social worker, which revealed the hazards to which the working woman is exposed and the depravity to which sexual harassment can degenerate. The Court held that the gender equality and the right to life and liberty contained in Article 14, 15 and 21 of the Constitution were clearly violated as also the right to practice a profession as contained in Article 19( 1 )(g)". It was of the view that the fundamental right to carryon any occupation, trade or profession depends on the availability of a "safe" working environment. The right to life means life with dignity. The primary responsibility for ensuring such safety and dignity through suitable legislation and the creation of a mechanism for enforcement is that of the legislature and the executive. However, the matter had been brought before the Court indicating that instances of sexual harassment resulted in violation of the fundamental rights of women workers under Article 14 &19". 8.10 MATERNITY BENEFIT ACT, 1961 It was rightly pointed out by the Court in B. Shah v. P.O., Labour Court AIR 1997 SC 3011that: "Performance of the biological role of childbearing necessarily involves withdrawal of a woman from the workforce for some period. During this period she not only cannot work for her living but needs extra income for her medical expenses. order to enable the woman worker to subsist during this period and to preserve her health, the law makes a provision for maternity benefit so that the woman can play both her productive and reproductive roles efficiently." The question whether Sundays are to be counted in calculating the amount of maternity benefit was considered in B. Shah v. Labour Court supra. The Supreme Court held that the term P.O. week signifies a cycle of seven days including Sundays. Maternity benefit is to be made for the entire period of the actual absence, i.e. for all days including Sundays, which may be wage less holidays falling within that period, and not only for intermittent periods of six days thereby excluding Sundays falling within that period. Again the word "period" emphasizes the continuous running of time and recurrence of the cycle of seven days. These computations ensure that the woman worker gets for the said period not only 100% of the wages but also benefits for Sundays and rest days. In order to reduce the disparities relating to maternity provisions under the various State and Central Acts referred to above, the Central Government enacted a new Act, called the Maternity Benefit Act in 1961. By the end of the year 1972, the Act was extended to the whole of the Indian Union. It applies to every establishment belonging to the Government except those factories or establishments to which provisions of the Employees' State Insurance Act, 1948 are applicable. It applies to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances. It repealed the Mines Maternity Benefit Act, 1941, and the Bombay Maternity Benefit Act, 1929. The State Governments have been empowered to extend all or any of the provisions of this Act to any other establishment or class of establishments, industries, .commercial, agricultural or otherwise, with the approval of the Central Government by giving not less than two months notice of its intention of so doing. In Air-India v. Nargesh Meerza (1981) 4 SSC 335 (1981) 4 SSC 335, a service regulation of the Air- India Corporation which required air hostesses to retire on pregnancy was challenged. The Supreme Court found this provision to be most arbitrary and unreasonable. It ruled: "There was no reason why pregnancy should stand in the way of continuance of service. By making pregnancy a bar to continuance in service of an air hostess the corporation has adopted an unreasonable individualised approach to a woman's physical capacity to continue to work even after pregnancy." The Supreme Court further held: "There is neither any legal or medical authority for this bald proposition. Having taken N.M. in service and after having utilised her services for four years to terminate her service by the management if she becomes pregnant amounts to compelling the poor air hostess not to have any children and thus interferes and diverts the ordinary course of nature. It seems to us that termination of the services of an air hostess under such circumstances is not only callous and cruel but an open insult to Indian womanhood the most sacrosanct and cherished institution. We are constrained to observe that such a course of action is extremely detestable and abhorrent to the notions of a civilised society. Apart from being grossly unethical, it smacks of a deep-rooted sense of utter selfishness at the cost of all human values. Such a provision is therefore not only manifestly unreasonable and arbitrary but contains the quality of unfairness and exhibits naked despotism and is therefore clearly violative of Article 14." 8.11 INTERNATIONAL COVENANT International instruments and conventions can apply when there is no inconsistency between the international norms and the domestic law occupying the field. It is held in para 28 of the judgment reported in case of Apparel Export Promotion Council v. A.K. AIR 1999 SC 625 Chopra that “In cases involving violation of human rights, the Courts must for ever remain alive to the international instruments and conventions and apply the same to a given case when there is no inconsistency between the international norms and the domestic law occupying the field. In the instant case, the High Court appears to have totally ignored the intent and content of the International Conventions and Norms while dealing with the case”. R. D. Upadhaya v. State of A.P. AIR 2006 SC 1946 31. This Court has, in several cases, accepted International Conventions as enforceable when these Conventions elucidate and effectuate the fundamental rights under the Constitution. They have also been read as part of domestic law, as long as there is no inconsistency between the Convention and domestic law (See Vishaka v. State of Rajasthan [(1997) 6 SCC 241]. In Sheela Barse v. Secretary, Children's Aid Society (1987) 3 SCC 50 which dealt with the working of an Observation Home that was maintained and managed by the Children's Aid Society, Bombay, it was said 8.12 WOMEN IN JUDICIARY Although there is no discrimination against women in the judicial system in India, there are not very many women in the higher echelons of the judiciary. In 2003, there were 17 women judges out of a total of 514 judges in the Supreme Court and High Courts in India. Women in judiciary can play an important role in sensitising the judicial system towards gender issues. As the incidence of crimes against women is increasing, there is need to strengthen the judicial system by appointing more women judges to deal with issues relating to women and the family. As more and more cases of disputes within the family are arising, Family Courts were set up in 1984. The purpose and aim of establishing Family Courts is to protect and preserve the institution of marriage and to promote the welfare of children and provide for settlement of disputes by conciliation. Every State Government, after consultation with the High Court, establishes in every area in the state, a Family Court. One or more judges head it and preference is given to women judges. India's Supreme Court has set up special courts to deal with rape cases that will be judged by female judges. The Court has asked that all courts show more responsibility and sensitivity while dealing with sexual assault cases. The female judges will also deal with cases of sexual harassment and dowry-related offences in India. Some of the well known women judges in India are Justice K. K. Usha, Justice Fathima Beevi, Justice Sujata Vasant Manohar, Justice Sunanda Bhandare, Justice Leila Seth, and others. In 1975, Justice K. K. Usha represented India, in the 18th International Convention of International Federation of Women Lawyers at Hamburg. She represented India at the Joint Seminar on "Convention on the Elimination of all Forms of Discrimination as Regards Women" organised by International Federation of Women Lawyers and International Federation of Women of Legal Careers (both organisations having the status of non- governmental organisations under the auspices of U.N.O.) Honourable Justice Smt. Sujata Vasant Manohar was the first lady to be elevated as a Judge on the bench of Bombay High Court. She was invited as one of the five women judges from all over the world to constitute a tribunal for recording evidence and giving findings at the World Women's Congress for a Healthy Planet which was held at Miami, U.S.A. in November1991for formulating Women's Action Agenda. Justice Leila Seth was the Chief Justice of Himachal High Court, and Justice Fathima Beevi was Judge of Kerala High Court. She was the first woman to be appointed as a Judge of the Supreme Court of India in 1989. There is need to create awareness at the grassroot level regarding the judicial system in India, and to make women aware of their legal rights. Television and radio can play a vital role in spreading legal literacy among rural and urban women.  CHAPTER-IX WOMEN ENTERPRENEURSHIP AND ROLE OF GOVERNMENT Women entrepreneurship has been recognised as an important source of economic growth. Women entrepreneurs create new jobs for themselves and others and also provide society with different solutions to management, organisation and business problems. However, they still represent a minority of all entrepreneurs. Women entrepreneurs often face gender-based barriers to starting and growing their businesses, like discriminatory property, matrimonial and inheritance laws and/or cultural practices; lack of access to formal finance mechanisms; limited mobility and access to information and networks, etc. Women’s entrepreneurship can make a particularly strong contribution to the economic well-being of the family and communities, poverty reduction and women’s empowerment, thus contributing to the Millennium Development Goals (MDGs). Thus, governments across the world as well as various developmental organizations are actively undertaking promotion of women entrepreneurs through various schemes, incentives and promotional measures. Women entrepreneurs in the four southern states and Maharashtra account for over 50% of all women-led small-scale industrial units in India.    Policies and Schemes for Women Entrepreneurs in India In India, the Micro, Small & Medium Enterprises development organisations, various State Small Industries Development Corporations, the Nationalised banks and even NGOs are conducting various programmes including Entrepreneurship Development Programmes (EDPs) to cater to the needs of potential women entrepreneurs, who may not have adequate educational background and skills. The Office of DC (MSME) has also opened a Women Cell to provide coordination and assistance to women entrepreneurs facing specific problems. There are also several other schemes of the government at central and state level, which provide assistance for setting up training-cum-income generating activities for needy women to make them economically independent. Small Industries Development Bank of India (SIDBI) has also been implementing special schemes for women In addition to the special schemes for women entrepreneurs, various government schemes for MSMEs also provide certain special incentives and concessions for women entrepreneurs. For instance, under Prime Minister’s Rozgar Yojana (PMRY), preference is given to women beneficiaries. The government has also made several relaxations for women to facilitate the participation of women beneficiaries in this scheme. Similarly, under the MSE Cluster Development Programme by Ministry of MSME, the contribution from the Ministry of MSME varies between 30-80% of the total project in case of hard intervention, but in the case of clusters owned and managed by women entrepreneurs, contribution of the M/o MSME could be upto 90% of the project cost. Similarly, under the Credit Guarantee Fund Scheme for Micro and Small Enterprises, the guarantee cover is generally available upto 75% of the loans extended; however the extent of guarantee cover is 80% for MSEs operated and/ or owned by women.   In addition to the special schemes for women entrepreneurs, various government schemes for MSMEs also provide certain special incentives and concessions for women entrepreneurs. For instance, under Prime Minister’s Rozgar Yojana (PMRY), preference is given to women beneficiaries. The government has also made several relaxations for women to facilitate the participation of women beneficiaries in this scheme. Similarly, under the MSE Cluster Development Programme by Ministry of MSME, the contribution from the Ministry of MSME varies between 30-80% of the total project in case of hard intervention, but in the case of clusters owned and managed by women entrepreneurs, contribution of the M/o MSME could be upto 90% of the project cost. Similarly, under the Credit Guarantee Fund Scheme for Micro and Small Enterprises, the guarantee cover is generally available upto 75% of the loans extended; however the extent of guarantee cover is 80% for MSEs operated and/ or owned by women.   Some of the special schemes for women entrepreneurs implemented by the government bodies and allied institutions are provided below.   Schemes of Ministry of MSME Trade related entrepreneurship assistance and development (TREAD) scheme for women Mahila Coir Yojana To read more on activities of Ministry of MSMEs for women development, click here. Schemes of Ministry of Women and Child Development Support to Training and Employment Programme for Women (STEP) Swayam Siddha Schemes of Kerala State Women s Development Corporation Self employment loan programmes Educational loan schemes Single women benefit schemes Job oriented training programmes Marketing support for women entrepreneurs Autorickshaw / school van’s driver scheme Kerala Government s Women Industries Programme Delhi Government s Stree Shakti Project Schemes of Delhi Commission for Women (Related to Skill development and training) Incentives to Women Entrepreneurs Scheme, 2008, Government of Goa Magalir Udavi Scheme, Pudhucherry Government Financing Schemes by Banks/ Financial Institution Women Entrepreneur Associations The efforts of government and its different agencies are supplemented by NGOs and associations that are playing an equally important role in facilitating women empowerment. List of various women associations in India is provided in the table. Details of Women Entrepreneur Associations in India S.no. Association Name Website 1 Federation of Indian Women Entrepreneurs (FIWE) http://www.fiwe.org/ 2 Consortium of Women Entrepreneurs(CWEI) http://www.cwei.org/ 3 Association of Lady Entrepreneurs of Andhra Pradesh http://www.aleap.org/index.html 4 Association of Women Entrepreneurs of Karnataka (AWAKE) http://awakeindia.org.in/ 5 Self-Employed Women's Association (SEWA) http://www.sewa.org/ 6 Women Entrepreneurs Promotion Association (WEPA) 7 The Marketing Organisation of Women Enterprises (MOOWES) 8 Bihar Mahila Udyog SanghBihar Mahila Udyog Sangh http://www.biharmahilaudyogsangh.com/ 9 Mahakaushal Association of Woman Entrepreneurs (MAWE) http://www.maweindia.com/ 10 SAARC Chamber Women Entrepreneurship Council http://www.scwec.com/index.htm 11 Women Entrepreneurs Association of Tamil Nadu (WEAT) Success Stories of Women Entrepreneurs in India Available at http://her.yourstory.com/25-women-entrepreneurs-0714: Image 9.1 source: http://www.tribuneindia.com/2011/20110517/ttlife.htm 1) Rajni Bector, Founder of food empire Cremica, was born in Karachi and then moved to Delhi with her family. After her children went to boarding school, she noticed that there was huge demand for her desserts, which led her to launch food company Cremica in Ludhiana. Despite setbacks such as the violence in Punjab in the 1980s, she persevered and eventually got contracts from the likes of MacDonald’s for bread and ‘vegetarian’ mayonnaise. IMAGE 9.2 SOURCE: http://idiva.com/interviews-work-life/meena-bindra-on-creating-a-pan-india-brand-like-biba-diva-in-focus/20461 2) Meena Bindra, Founder of India’s largest readymade ethnic-wear brand Biba, grew up in Delhi but lost her father at a young age. She started her designing business with a Rs.8000 loan from the bank and today she has grown it into a pan-India brand. In the last 30 years, Meena Bindra has created a success story called BIBA thanks to her love for what she does She started off with a local block printer, initial sales to Mumbai stores, and then her own company-owned outlets. Her sons joined the company for a while as trusted managers, then struck out on their own . IMAGE 9.3 http://business.rediff.com/slide-show/2009/sep/30/slide-show-1-how-with-just-rs-15000-she-turned-an-entrepreneur.htm 3)Sarala Bastian At 17, when most girls of her age were set to go to college for higher studies, she got married. But Sarala Bastian did not wish to just be confined to her house. She wanted to do something on her own. She wanted to be independent and carve out an identity for herself. "My father gave me the initial capital of Rs 15,000 to start a business in 2004. I started a mushroom farm in my backyard," says Sarala. There has been no looking back since then. Today, she is a successful entrepreneur in a field not explored by many.  It has been an incredible journey for the 32-year-old Sarala. To add to her glory, she has been shortlisted for the prestigious Youth Business International (YBI) Entrepreneur of the Year award for 2009. YBI is a UK-based network established by Prince Charles to encourage young entrepreneurs. Here's how Sarala transformed herself from a simple housewife into a successful entrepreneur with minimum resources at her hands.  The beginning years I spend my childhood in Coimbatore where my father worked as an auditor in the state co-operative society. In school, I also learnt typewriting and shorthand. I came to Chennai with him. I have two daughters, elder one is 14-years old. My seven year old younger daughter is mentally challenged. When she was a baby, she had brain fever and life changed for the worst. She is my life, and I am willing to spend all my money to make her all right. IMAGE 9.4 SOURCE: http://www.thehindu.com/todays-paper/tp-features/tp-metroplus/the-desi-girl/article3264144.ece 4) Success story of Saloni Malhotra Founder & CEO of DesiCrew [Rural BPO] At 23 she followed her dream, turned entrepreneur and set up a rural BPO. Saloni Malhotra speaks about DesiCrew's success and the team behind it. “Tell me what is the big deal about being an entrepreneur? Why does no one talk about their team?” asks Saloni Malhotra. I explain that the vision of one person matters. “Well, you can have people working for you but do you have a team who is willing to take a pay cut when times are hard and make adjustments because they believe in the idea?” DesiCrew, a rural BPO's five-year success story is because of such a team. Says Saloni, “I first came to Chennai in 2005, and took my time to get used to the food and other things. But my team was with me through it all. That's the only thing that has kept me going.” Rural, technology and business With a degree in engineering and a desire to combine three worlds – rural, technology and business, Saloni started DesiCrew Solutions when she was 23. “I'm from Delhi and was working there in an interactive agency after my graduation. I wanted to start something by myself and chanced upon a talk by Professor Jhunjhunwala of TeNet group, Indian Institute of Technology Madras. I came here to meet him and he gave me this idea. After two years of research the rural BPO was born on February 2, 2007.” What exactly is a rural BPO? “It's not very different except of course, the ‘rural' perspective. It's like any other BPO that functions with people in rural areas. We work with IT/ITES companies, insurance, new media and mobile-based clients. When we looked around, we saw that a lot of BPOs hire people from rural areas and realised that people have to migrate to work here. So, we decided to take the jobs to them,” she says, “We started a unit in Kollumangudi near Mayiladuthurai with four people and now we have 40-odd people working there.” As someone who was new to the city, Saloni had to work extra hard to run her company. “I had never been to Chennai before and initially small things seemed big,” she laughs, “But DesiCrew was my topmost priority and it shadowed everything else. Language, of course, was a problem but it was overcome. There was just a madness to do this and when you get to that state, you don't think about much else.” DesiCrew now has four rural offices – Udupi, Ammapalayam, Apakoodal and Kollumangudi and employs 300-odd people from these villages. Earning trust “A rural BPO is an oxymoron,” she explains, “our biggest hurdle was to gain the client's trust. You have cities like Chennai and Bengaluru offering the same services and even they suffer from power cuts. But this is a village where none of them have been to nor do they speak the language. What is the power situation there and what will they deliver, are the main questions that clients would look at. We invested heavily on infrastructure and made sure there is no compromise. All our offices have generators, UPS and backups because the office can't shut down even for a minute.” Saloni won the TiE Stree Shakthi Award in 2011 and DesiCrew won the Sankalp award in 2009. Taking risks “But I guess it all comes down to taking the risk. When you're 23, shifting jobs doesn't matter and for me, it was just a case of following my dream.” Among the earl4 y start-ups in this scene, DesiCrew has been an experience of a lifetime, says Saloni, who recently stepped down as CEO of the company and will continue to be on its board. “It's been an amazing experience and an adventure. I have a lot of ideas for DesiCrew which I couldn't implement until now due to lack of time. Now I'll have the time to work on them. But I'll still tell you that being an entrepreneur has been glorified much. At the end of the day, you are only as good as your team,” she smiles.  CHAPTER-X IMPACT OF GLOBALIZATION ON THE RIGHTS OF WOMEN 10.1 INTRODUCTION “Women do two third of the world’s work, receive ten percent of the world’s income and own 1 percent of the means of production.’ This is the present picture of women workers in the era of globalization. The International Labour Organization (ILO) In the year 2000 had assessed that significant changes in world economy, such as rapid globalization, fast-paced technological progress and growing in formalisation of work have greatly altered women’s labour market status in recent years. The idea of forced labour conjures up sights of people in shackles being led off to perform hard labour to pay back debts. But this no longer holds true as the modern picture of forced labour in globalized work is young girls working long hours as indentured servants to cruel employers, or servicing long hours in sweat shops for a mere pittance of what their time is worth. Million of women throughout the world live in conditions of abject deprivation of and, attacks against their fundamental human rights for no other reason than that they are women. From coffee to computers, women workers provide the labour that creates the goods that appear in the world’s supermarkets and department stores. Women workers are good for trade, but are trade good for women workers? This paper is an attempt to throw light on the negative impact of neo-liberal policies of the globalization on the human rights of women workers in a swiftly changing socio-economic. 10.2 DENIAL OF BASIC HUMAN RIGHTS TO WOMEN AS A RESULT OF GLOBALIZATION Globalization is a multi-dimensional process of economic, political, cultural and ideological change. It has led to increasing violations of women’s economic, political and cultural rights in large measure due to withering away of the welfare/ Developmentalist state, the feminization of poverty, the expansion of religious fundamentalisms and new form of militarism and conflict. Often being unorganized, facing recurrent inequality in employment and harassment at work and violation of their human rights, with low levels of education, limited technological skills, women workers easily become marginalized and hardly derive any benefits form the ever new opportunities emerging in an open and competitive world trade. Globalization has drawn millions of women into paid employment across the developing world. Today, supermarkets and clothing stores sources the products that they sell form farms ad factories worldwide. At the end o their supply chains, the majority of workers-picking and packing fruits, sewing garments, cutting flowers- are women. But these women workers are systematically being denied their fair share of the benefits brought by globalization. Commonly hired on short-term contracts-or with no contract at all women are working at high speed for low wages in unhealthy conditions. They forced to put in long hours to earn enough to get by. Most have no sick leave or maternity leave, few are enrolled in health or unemployment schemes, and fewer still have saving for the future. Instead of supporting long-term development trade is reinforcing insecurity and vulnerability for million of women workers. The harsh reality faced by women workers highlights one of the glaring failures of the current model of globalization. Now we will have a look at the impact of globalization on women working in various sectors. 10.3.1 Employment of Women in Export Processing Zones (Epz) and Export-Oriented Manufacturing Industries In late nineties, the share of the female employment in total employment in Export Processing Zones (EPZs) and export-oriented Zones manufacturing industries typically exceeded 70 percent. Women workers were preferred by employers in export activities primarily because of the inferior conditions of work and lower pay scales that they were usually willing to accept. Thus, women workers had lower reservation wages than their male counterparts, were more willing to accept longer hours, unpleasant and often unhealthy or hazardous factory conditions, typically did not unionize or engage in others forms of collective bargaining to improve conditions and did not ask for permanent contracts. They were thus easier to hire and fire at will and according to external demand conditions, and also life cycle changes such as marriage and child-birth could be used as proximate causes to terminate employment. The high “burnout” associated with these activities meant that employers preferred work-forces that could be periodically replaced and what better option they can have than to employ female workers who could be easily fired. Average age of women working in these industries is between 20-25 years and they are fired when they cross 30 years of age. 10.3.2. Employment of women in Sweatshops Image 10.1Women working at a sweatshop. Image source: https://anonymousqcc.wordpress.com/dramaturgy/sweatshops/ A sweatshop is a work place, often a factory, in which employees work long hours at low wages under poor conditions. Although sweatshops virtually disappeared after World War- II because of increased government regulations and the rise of unions, they have reappeared, and are steadily increasing in number throughout the world. This is due, in large part, to economic globalization. Multinational corporations like Nike, Wal-mart carry on their productions of goods for world markets at lowest possible cost in order to maximize profit. Typical sweatshop employees, in which 90% of women are young and uneducated. They are subject to horrible working conditions and innumerable injustice. Their human rights are violated throughout the world. Common abuses include low wages that fail to meet basic costs of living conditions, long hours of overtime for which employees are not compensated and sexual harassment. In addition, to these women are often forced into indentured servitude. Lured by recruiters who promise wonderful opportunities in foreign lands, young women often pay thousands of dollars in recruitment and contract “fees’, tying themselves to contractual obligations that can last for years. Because their wages are often only $.10 to $.20 per hours, the women may receive no wages per years as they attempt to pay off these debts. If these women try to return home without fulfilling their contractual obligations, they are often blacklisted, fined or arrested. Many of these factories, as well as women’s living quarters, are crowded, fifty and rat- infested. The women are verbally abused, spat on and beaten. An investigation in Saipan (a part of U.S. common Wealth of the Northern Marianas Islands) sweatshops revealed that pregnant employees were forced to have abortions in order to keep their jobs. Moreover, in June of 2000, in Buenos Aires, authorities discovered forty Bolivian girls working in slavery- like conditions in a clandestine textile factory. It was discovered that they were forced to work up to 19 hours a day, were poorly fed, and often beaten. Conditions in Sweatshops  Available at http://www.webster.edu/~woolflm/sweatshops.html) "Sweatshops violate women's human rights throughout the world. Common abuses include low wages that fail to meet basic costs of living, substandard and unsafe working and living conditions, long hours of overtime for which employees are not compensated, and sexual harassment. In addition to these, women are often forced into indentured servitude. Lured by recruiters who promise wonderful opportunities in foreign lands, young women often pay thousands of dollars in recruitment and contract "fees", tying themselves to contractual obligations that can last for years. Because their wages are often only $.10 to $.20 per hour, the women may receive no wages for years as they attempt to pay off these debts. If the women try to return home without fulfilling their contractual obligations, they are often blacklisted, fined, or arrested. Many women are not paid even without such debt. Sweatshops often fail to pay their employees on time, if at all. The workers, who are often unaware of their rights, have no choice but to continue to work because sweatshop managers threaten and punish them for insubordination. Many of these factories, as well as the women's living quarters, are crowded, filthy, and rat-infested. They are located behind barbed wire fences that are monitored by armed guards. Not only are the women not allowed to come and go freely, but they are forbidden to have visitors. Thus, they are not given the opportunity to air their grievances to anyone who may be in a position to help them. Additionally, the women are always under the threat of corporal punishment. The women are verbally abused, spat on, and beaten. They are not allowed to take breaks or go to the bathroom during their shifts, and are fined if they do so. In some Indonesian sweatshops, women were forced to take down their pants and reveal to factory doctors that they were menstruating in order to claim their legal right to menstrual-leave (Morey, 2000). Female sweatshop employees are forced to endure numerous instances of sexual harassment. Additionally, managers often make false promises for better jobs in return for sexual favors. In a Samoan apparel plant, the factory owner routinely entered the womens' barracks to watch them shower and dress (Greenhouse, 2001). A 20/20 investigation in Saipan sweatshops discovered that pregnant employees were forced to have abortions in order to keep their jobs (20/20 special investigation, 2000). These women are often faced with little if any choices. They are prohibited from unionizing, and face the loss of their job, physical abuse, or deportation if they try to better their situation. Sweatshops are not restricted to factories. Agricultural workers all over the world are subject to poor working conditions, low wages, and unhealthy working environments. Women make up a large portion of field workers. They are exposed to toxic pesticides and strenuous working conditions that lead to a number of health problems (Co-op America, 2001). Like factory sweatshop workers, they are not given adequate healthcare, if any, and are prohibited from unionizing. Even in the U.S., agricultural workers are not guaranteed legal rights to minimum wage, workers compensation, and overtime pay (Co-op America, 2001) Available at :https://www.mtholyoke.edu/~nshah/fashioncrimes/Sweatshops.html. 10.3.3. Women Employed informal Sectors Most of the world’s economically active women are working in the informal sector which mostly do not yield enough income to secure a living, are usually unprotected by labour laws, and are not cover by social insurance. According to international labour organization (ILO), in the informal sector and flexible employment often women don’t have any work contract and are not entitled to legal provisions. Sometimes employers even force them to sign that they won’t demand any benefits guarranted in labour organization. Moreover, the Structural Adjustment Programs due to globalization mandate cuts in social programs and reduction in public spending in third World, which pushes the costs on to the family, where it is most often the women who shoulder the added burden. 9.3 IMPACT OF GLOBALIZATION ON WOMEN WORKERS IN INDIA. Globalization has affected women workers in both agricultural as well as no- agricultural sector in India. Because of export promotion in this sector many women have lost their jobs as the newer export friendly system of cash crop cultivation and especially aquaculture required much less input from women. Instead of harvesting paddy crops, they have to collect snails for feeding fish. This is not only a hazardous and more dangerous task but it also means much lower pay. In non-agriculture sector, due to unemployment, many women have been force to turn to prostitution or to work in informal sectors like construction where they are sexually exploitation by contractors. The belief by many that there will be large-scale feminization of labour in a post-globalization situation has also been found to be completely false in case o India. In a scenario where government wants to reduce the workforce in our country, the first target are women as reflected in the way the voluntary retirement schemes target women. In Export Processing Zones (EPZ), dominance of women workers is a characteristic feature, and India EPZs also follow a long the same lines. Women workers constitute 70-80 percent of the work force. Working hours are typically much longer than the specified maximum wages. According to the PRIA study, “Women do not get maternity leave anywhere; in fact women generally lose their jobs if they get pregnant. Surprisingly, some companies MIGRATION IN INDIA; TRADE UNION PERSPECTIVE IN THE CONTEXT OF NEO----LIBERAL GLOBALISATION, Sardhe, Sudharshan Rao , Regional Representative, IMF-SARO, New Delhiemploy women on the condition that they won’t get married or pregnant in near future. As per the factories law, employer are prohibited form allowing women to work in night shifts, but during the survey the contrary was seen women work in nights shifts in many places in EPZ.’ 10.4 HUMAN RIGHTS OF WOMEN WORKERS NEED SPECIAL ATTENTION It has been rightly said that ‘Human Development. If not engendered, is endangered’. So equal enjoyment of human rights by women and men was universal accepted principle, reaffirmed by the Vienna Declaration, adopted by 171 states at world conference on human rights in June 1993. But in the current economic turmoil with the winds of changing blowing all over the world bringing about fundamental changes in global trade, diminishing role of the state and rapidly changing work environment, the human rights of the vulnerable women workers seem to be getting sidelined. While new opportunities for economic growth are opening up for national and global economic growth are opening up for national and global economies, an ILO Report has found “a bias against women in all these categories’ with some significant following findings. (a) Women constitute an increasing share of the world’s labour force- at least, one third in all regions of the world barring Northern Africa and Western Asia. (b) The informal sector employs more than men. (c) Self-employment and part-time and home based work have led to expanded opportunities for women’s participation in the labour force but have also resulted in lack of work security, lack of benefits and low income. (d) Especially younger women and also women in general experience more unemployment than men and for a longer period of time as compared to men. (e) Women still are at the lower end of a segregated labour market and continue to concentrated in a few occupations, hold positions of little or no authority and receive less pay than men. 10.5 INTERNATIONAL LAW AND INTERNATIONAL INSTRUMENT RELATING THE WOMEN WORKERS Available at http://www.wikigender.org/index.php/ILO_Instruments_on_Labour_Standards_concerning_Women_Workers The international law concerning women workers have been codified in the form of various international instruments mainly by the ILO since the first quarter of the last century. In this context, a “silent revolution” largely inspired by ILO Conventions, had been taking place for decades and continued even, now. No doubt, ILO’s international labour standards and the principles they enshrine proved to be a source of inspiration and provided strength and legitimacy to those espousing the human rights of women workers and they have been pace setters in the promotion of equality of opportunity and treatment in education, training, employment and improving working conditions. The Declaration of Philadelphia adopted by the international Labour Conference in 1994 and a part of the ILO Constitution, emphasizes that “ all human beings, irrespective of race, creed or sex, posses, the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity of economic security and equal opportunity”. Equality at work has been the subject of two most widely ratified ILO convention 1958 (No. 111), and the equal Remuneration Convention, 1951(No 100). The ILO Convention No. 100 stressed the importance of equality between men and women workers in respect of remuneration, which included the basic wage and any additional cash or in kind remuneration or benefits arising out of worker’s employment. A pioneering feature of this Convention was its guarantee of equal pay for “work of equal Value” and not just for the same or similar work. This took care of gender biases in the way labour markets are structured, because most women did different jobs from most men. Other important conventions and declarations pertaining to women’s rights are: Convention on Elimination of all forms of discrimination against women (CEDAW) 10.6 Beijing platform for Action and ILO Convention on non-discrimination such as maternity Protection Convention. The international Labour Conference also promoted gender equality through the adopted of other international instruments, including, in 1975, the ILO Declaration on equality of Opportunity and Treatment for Women Workers and the resolution concerning a plan of aimed a promoting equality of opportunity and treatment for women workers. The Workers and family Responsibilities, 1981 (No. 156), was another step in furthering gender equality at work and in other spheres. Last but not the least, the Millennium Development Goals (MDGs), adopted by the United Nation General Assembly in 200010.3, has been another landmark in this direction which pointed out the importance of women’s access to paid jobs in sectors other than agriculture for improvement of their economic and social status and achieving the goals of gender equality. 10.7 SUGGESTIONS The Globalization process has evolved inequality across regions, socio-economic gropes within regions and between sexes with multiple consequences that continue to erode the equality of people’s life. Women are not only affected as part of the family and as a disadvantaged grouped of society, but also a result of their position in the sexual division of work. No doubt, the aspects of globalization have provided women with increasing opportunities to work but on the other hand it had led to gender wage differentials and marginalization of women which is reflected through segregation of women workers in certain specific jobs which are less rewarding, low in status but have long working hours. Unhealthy working conditions with mostly facilities for their maternity requirements and care of young siblings missing while the mothers are at work, unfavourable working hours, lack of training and skill up-gradation opportunities and lesser career mobility in the formal sector of economy still prevail in almost every country. Therefore, a new vision for future is required for which we all should work together. Our future should not be the one we live in now. We need to create an alternative society based on gender justice, ecological sustainability and local global democracy. It is so important to create feminized culture based on caring, nurturing, mutual help and change the prevailing masculine culture of competition, efficiency and power greed. Women should have the confidence to change their own daily lives and the world by supporting one another. Only Global Women’s force can overcome Global market force. So hereby few suggestions are made; 1. The above critical analysis calls for renewed efforts by the United Nations and the International Labour Organization (ILO) to frame not only new instrument under the international law wherever required under the changing circumstances, but also ensure a better implementation by the member status of the existing instruments in their true spirit, specially by countries that have ratified them. 2. The remaining countries that have not ratified should be encouraged to ratify and implement them at the earliest for a universal enjoyment of human rights by women workers. 3. All countries should make appropriate amendment in national legislations to bring them in conformity with international labour standards mainly set by ILO. 4. All the countries should enact new laws and ensure better implementation of laws to protect human rights of women workers. 5. Gender-sensitive politics and programmes of economic and social development should be adopted at national and international level. 6. Allocation of public expenditure should be restructured and targeted to promote women’s economic opportunities to education, training, science and new technologies and to give them full and equal access to education and training. CHAPTER-XI SURVEY ANALYSIS 11.1 INTRODUCTION: 11.1.1 Preparation of forms: The subject, 'Economical Empowerment of Women' is very important and has of great significance, having crucial relevance and value for the society. I thought that it will be lacking or not able to fulfil a need or requirement of my research work with out the basic and fundamental suggestion, hint or indication from women, who is the main concern of the study. Therefore, I had prepared a form in simple Hindi language and distributed to the number of women. 15 samples were taken out of women belonging to age group of 25-70 and questions were asked in the form of a written questionnaire to analyse as to what women think that how much important is economic empowerment for women and how far has law supported them. They are having different social and cultural settings and circumstances. Thus, I got suggestions, idea, thought, and belief as an input from the women of all the vocation. 11.2.1- How analysis made: The collected data are scrutinized by me with systematically and scientific manner to locate or discover, or try to establish the existence of relation of different factors on Economical Employment of Women. Analysis of data is a process of inspecting, cleaning, transforming, and modeling data with the goal of highlighting useful information, suggesting conclusions, and supporting decision making. Data analysis has multiple facets and approaches, encompassing diverse techniques under a variety of names, in different business, science, and social science domains. An analysis of Data is to be done for abstract separation of a whole of particular things into its constituent parts in order to study the parts and their relations. Systematic investigation of scrutinized data is done by adopting different methods. I. Typology: Classification according to general type. A classification system, taken from patterns, themes, or other kinds of groups of data. II. Taxonomy: (See Domain Analysis - often used together, especially developing taxonomy from a single domain.) A classification of organisms into groups based on similarities of structure or origin etc. A classification according to their presumed natu ral relationships. III. Logical Analysis/Matrix Analysis: An outline of generalized causation, logical reasoning process, etc. Use flow charts, diagrams, etc. to pictorially represent these, as well as written description. A BRIEF ANALYSIS OF THE ANSWERS GIVEN BY WOMEN: S no. NAMES AGE EDUCATIONAL QUALIFICATION OCCUPATION 1 Sheetal Sahni 33 MA B.ED Homemaker 2 Harpreet Kaur 35 Post graduate Housewife 3 Mamta Jain 38 MA Housewife 4 Rinku Malhotra 40 BA hons Housewife 5 Shruti Gupta 23 Graduate Student 6 Seema Pandey 35 B.A. Housewife 7 Monica Dhir 44 Graduate Homemaker 8 Subhadra Jain 69 MA Bed Teacher 9 Sonu Bhatia 42 M.A. Housewife 10 Bindu Kohli 46 M.A. Housewife 11 Khushi Kohli 36 M.A. Teacher 12 Aarti Sharma 34 Graduate 13 Radhika Sharma 29 B.E. IT Professional 14 Pooja Malik 37 MA Bed School Teacher 15 Geetanjali Jain 40 M.A. Housewife ANALYSIS OF THE ANSWERS: 1) Did you want to pursue higher education? 2) Reasons for resistance of higher education? Most of them couldn’t give the proper answer. Only few of them have given domestic responsibility and marriage as the answer. 3) Who gave encouragement for higher studies? 14 out of 15 samples said that encouragement for higher studies was given by one of the family members’ father, mother or sister. 4) Is confidence increased by education? 5) Does education help women to become economically independent? 6) Do you think that the government is making enough efforts to promote women education? 7) Do you think there should be women reservation in education and service sector? 8) What stops women from stepping out of their homes and gain economic independence? 9) Are these legislations enough to give women a place in society equal to men in terms of economic independence? 10) Do you think that most of the women empowerment related laws are just toothless tigers and a lot needs to be done by the government for the implementation of these laws? CONCLUSIONS DRAWN FROM THE QUESTIONNAIRE: ECONOMICAL EMPOWERMENT: 1) Economically independent women can live better in the society. 2) Economically sound women can earn more by investing money in different project. 3) If woman is economically empowered, her respect will increase in the society, which decreases the dowry evils. 4) If woman is economically empowered, she can compete with man and she can development mentally. Man can not exploit her. 5) If woman is economically empowered, she can take her own decision. She can compete with man. 6) If women are economically empowered, they can help her husband in weak economical condition; they can give better education to children; they can give better nutrition and clothes to the children. SOCIAL EMPOWERMENT: 1) Crime against women (e.g. rape, suicidal death, child marriage etc.) are increasing day to day due to less socially and economical empowerment. 2) Economically independent women can do social services as per her choice. The men-women (girl child) ratio is also decline day by day due to less importance of women in the society. 3) Women become victim of domestic violence because of dowry, girl child, and illiteracy. 4) Women become victim of domestic violence because of not economically empowered. 5) Women have to know the Law that may reduce atrocities against women. 6) Her behaviour and thinking can be changed by education. 7) Women become victim of domestic violence because of lack of courage to challenge the situation. 8) Women become victim of domestic violence because of out side business, service etc. 9) Women become victim of domestic violence because of social culture, social customs. 10) Social Women has to do work where safety and self respect are maintained. 11) Social Women have to do work places where people respect women. LEGAL EMPOWERMENT: 1) Women become victim of domestic violence because of ignorance of law. it may be domestic and personal reasons. 2) For the women empowerment to day there is need of law. The awareness of Law is very less. PNDT, assault, rape etc. 3) There must be law for empowering the women. Total rights must be given to women. Total freedom must be given to the women. Economical, social, politically, employment should be done. Education to girl should be must. Respect to girl should be must. Early marriage should not be done. 4) An educated women will know about law. She can get knowledge about benefit given to the women. She can know about the law and take action for that. 5) The education of law should be imparted to women from standard 10 6) Reservation in education and service for women is not needed there may be open competition. EMPOWERMENT ANALYSIS: 1) For employment of women it is necessary to frame or enact laws to empower women socially and politically also. 2) For empowerment of women the political employment is the main factor. 3) Modern women is competent to do service in any field. 4) Socially empowered woman can develop self resistance and self confidence in her work. 5) Socially empowered woman can do job. She can enjoy in service or employment. 6) Socially empowered woman can solve her problems by herself/her own. 7) They have to develop self confidence and face the situation courageously. 8) If women are posted on dominant post so that one can not exploit women. 9) Women officer/ authorities can better understand the problems of women. e.g. Supreme court has held that trial of rape cases be conducted in the court presided by the lady judge. 10) Awareness Action for empowerment of women can be done by using media. CHAPTER-XII CONCLUSION 12.0 Introduction: "Gender equality is more than a goal in itself. It is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance." -Kofi Annan UN Secretary General The question of gender equality is very old and burning problem. The concept of “Gender Justice” has received recognition both at national and international level. 12.1 Causes and Malady: Illiteracy among women is declining, maternal morality rates are beginnings to fall, and more women are participating in the labour force than before. The utter failure on the policy-makers, legislation, the education system, the media and most other social institutions to take effective measures to break to the institutionalized subordination and inequality of women has delighted to study the aspect of Gender equality in the light of the Indian perspective. While throwing light on the availability of various privileges, protection given to the folk under our supreme lex and other laws, the implementation of these laws and highlighting their weakness, there should be a way for the acceptance of women’s honour and dignity. However, the society by disseminating the fact the equality of women is necessary, not merely on the grounds of social justice, but as basic condition for social, economic and political development of the nation. In recent past, there has been so persistent and frequent commission of crimes in different shape and size violating their basic rights and outranging their dignity and modesty, almost all over the world, India is no exception, that solemnity and significance of this day has virtually been lost. Factors impacting women's economic empowerment include: A) Violence: women are the predominant victims of conflict, sexual violence, injury, death, intimidation and human trafficking B) Lack of adequate access to education, training and technology C) Lack of access to clean water, sanitation D) Lack of access to responsible health care/reproductive health (one of the costs of widely available pre-natal screening in India has been the selective abortion of female foetuses, 10 million in the past two decades -this has led to one of the most skewed gender ratios in the world with 927 girls to every 1000 boys in 2001). E) Lack of access to credit/finance, safe work conditions, and living/minimum wages F) Cultural practices, tradition, religious interpretations of women's status G) Women's lack of knowledge about rights and laws (economic, social, political, religious) H) Lack of adequate representation in decision-making positions and governance structures I) Need for comprehensive global statistical data on the informal economy and the collection of gender-specific data. It must be analyzed to bring out the linkages between informal employment, poverty and gender inequality. 12.2 Present Scenario: Although women constitute half of world’s population yet they are the largest group which is excluded from the benefits of social and economic development. Despite efforts made towards economic empowerment of women, majority of the active female population continues to be confined to micro, small-scale enterprises and the informal sector. Women are deprived of equal access to education, health care, capital, and decision making powers in the political, social, and business sectors. Whereas men are credited with performing three quarters of all economic activities in developing countries, women actually perform 53 percent of the work, according to the United Nations. The 1995 UN Human Development Report11.1, states that "an estimated $16 trillion in global output is currently 'invisible,' of which $11 trillion is estimated to be produced by women." According to the UNDP Human Development Report, women in Africa represent 52 per cent of the total population, contribute approximately 75 percent of the agricultural work, and produce 60 to 80 percent of the food. Yet they earn only 10 percent of African incomes and own just 1 per cent of the continent's assets. Recently, the World Economic Forum11.2 ran a study on 58 countries to assess the size of the gender gap. The Forum's analysis concluded that no country has managed to close the gender gap with the exception of the Nordic nations. For example, Sweden scored high in its efforts to advance women's participation in all aspects of societal structure, while the United States ranked 17th, Mexico 52nd, Jordan 55th, and Egypt 58th. These findings suggest that the world has a long way to go to bring women to the forefront of economic, social, and political participation. Below are just some of the statistics that highlight the discrepancies between men and women in the contemporary world. A) There are 135 million children in the world between 7 and 18 who are not receiving any education at all, of which approximately 60 percent are girls. B) Of the girls who do begin primary school, only 1 in 4 is still in school four years later C) The gender gap increases at higher levels of education. D) Two-thirds of the 880 million illiterate adults around the world are women. E) When women's income increases, money is more likely to be channelled back into families and they are more likely to educate daughters. F) Each additional year in school raises a woman's earnings by about 15 percent compared to 11 percent for a man. Efforts: There is a requirement to analyses the growing concept of gender equality at national level, to explore the efforts that have taken place in promoting equality to the second sex by reviewing the working of the women’s commission and agencies constituted and pursuing for this cause. Transforming the prevailing social discrimination against women must become the top priority, and must happen concurrently with increased direct action to rapidly improve the social and economic status of women. In this way, a synergy of progress can be achieved Now a days, women has broken their ill-social fetters and are ready to face the contemporary challenges without any help and hesitation and consequently, March 8, is formally observed and celebrated in several countries, including India as a mark of integrated achievements towards the equality of rights, status and dignity of women and their equal participation in economic, social and cultural development in contemporary world scenario. Society is in a continuous process of evolution. It will take several decades for these imbalances to be ratified. Educational of both men and women will lead to change in attitudes and perceptions. It is not easy to eradicate deep-seated cultural value, or alter tradition that perpetuates discrimination. The Ninth Five Year Plan (1997-2002)11.3 adopted the strategy of Women’s Component Plan under which not less than 30 per cent of funds/benefits were earmarked for all the women-related sectors and women-specific programmes. The Tenth Five Year Plan (2002-07)11.4 also undertook steps to further strengthen the policy of Women’s Component Plan. The Working Group on Empowerment of Women for the Eleventh Five Year Plan (2007-12)11.5, constituted by the Planning Commission in 2006, has emphasized the strengthening of Self-help Groups (SHGs) and community-based organizations for the empowerment of women. 12.3 Remedy: There is a need of implementing existing privileges given to women by our supreme judgments and under the provisions of other laws and would certainly commemorate the contribution of our high esteemed judiciary in acknowledging the concept of gender equality. Legislature and judiciary has been doing its job in a responsible way but lot has to be done and that too in as effective way. At the same time, there is also the need to think about the reasons which have become the root cause of all the failure of persisting system and will propose some suggestions which if followed, will be helpful in minimizing this menace to some extent. 12.3.1 Economical Empowerment through Education: As women receive greater education and training, they will earn more money. As women earn more money - as has been repeatedly shown - they spend it in the further education and health of their children, as opposed to men, who often spend it on drink, tobacco or other women. As women rise in economic status, they will gain greater social standing in the household and the village, and will have greater voice. As women gain influence and consciousness, they will make stronger claims to their entitlements - gaining further training, better access to credit and higher incomes - and command attention of police and courts when attacked. As women’s economic power grows, it will be easier to overcome the tradition of "son preference" and thus put an end to the evil of dowry. As son preference declines and acceptance of violence declines, families will be more likely to educate their daughters, and age of marriage will rise. For every year beyond 4th grade that girls go to school, family size shrinks 20%, child deaths drop 10% and wages rise 20%. 12.3.2 Economical Empowerment through Health: As women are better nourished and marry later, they will be better, more productive, and will give birth to healthier babies. Only through action to remedy discrimination against women can the vision of India's independence — an India where all people have the chance to live health and productive lives —be realized. 12.3.3 Economical Empowerment through Effective Law Enforcement: Law can only be an instrument of change that must be effectively used. The absence of effective law enforcement, results in low rates of conviction, which in turn emboldens the feeling that the accused can get away. It is necessary that deterrent punishments are provided in the statute, and are strictly enforced. 12.3.4 Economical Empowerment through Support to Working Women in the Rural Areas: A beginning has certainly been made in urban areas. Working women continue to remain primarily responsible for taking care of home and child rearing, in addition to their vocation. Increased stress has made them more prone to heart and other stress related diseases. Hence, it is necessary to improve the Support System for working women. The empowerment of women in urban and the metropolises cannot be the indicator of growth in the country. In a country, where eighty percent of the population is in rural areas, until the lot of women in these areas is also not improved simultaneously, development will remain an illusion to them. The status of women cannot be raise without opening up opportunities of independent income and employment. In the rural areas, employment of women is concentrated mainly in labour-intensive, unskilled jobs where simple or traditional skills are required. There is lack of access to vocational institutions. 12.3.5 Economical Empowerment through Involving in Decision Making: The numbers of women in official positions remains relatively low. The representation of women in decision making level through the Indian Administrative Service and the Indian Police Service which stood at 5.4% in 1987 increased to 7.6% in 2000. Of all employees in central, state and local governments 17.47 % were women in 2001. The March towards elimination of gender bias, has to go on, so as to make it meaningful for the vast majority of women in this country. There is a grater representation now in the legislature, executive and judiciary. India is one of the few countries in the world, which has had a woman Prime Minister. Various states have from time to time, had women Chief Ministers. A women judge in the Supreme Court, and in the High Courts, has today become the norm. Women have crossed many barriers, and head various departments in large multinationals today. A beginning has been made in the Army also, when women are being commissioned as SSC officers. 12.3.6 Economical Empowerment through Participation on the Political Power The 73rd and 74th Constitutional Amendments passed in 1993 provide for reservation of 33 1/3 % of elected seats for women at different levels of local governance in both rural and urban local bodies as also one-third reservation for women to posts of chairperson of these bodies. This has dramatically increased women's participation in local bodies and a million women are now in these local bodies. The proposed Women’s reservations Bill to provide 33% reservation for women in the Lok Sabha and State legislatures in now under consideration. 12.3.7 Economical Empowerment through Media: Media is extensively used in changing gender stereotypes and providing information. The approach to media strategy is two fold, to use it as an instrument of change and to control its possible misuse. An integrated media campaign to project a positive image of women and the girl child is an important component of Government's communication strategy. There is an increased presence of women in managing media and in gender sensitization of the media in depiction of sensitive issues. Media is encouraged to develop a code of conduct, professional guidelines, other self-regulatory mechanisms to remove gender stereotypes, and promote balanced portrayals of women and men. Policy initiatives include: A) A Code for Commercial Advertising B) Review of programmes by Doordarshan prior to telecast C) 50% representation of women in the Film Censor Board D) Information Technology Act has declared online pornography a punishable offence E) The Parliamentary Committee has issued a stricture against the depiction of domestic violence by the media. As described earlier, in the majority of poor nations, mothers, not fathers, have the most influence on their children. Mothers are the ones who dictate the decisions on whether or not children are sent to school, what school they go to, and how much time they spend working for the family. Until women are given the same opportunities that men are, entire societies will be destined to perform below their true potentials. Other large global humanitarian issues such as poverty, unemployment, population growth, the HIV/AIDS epidemic, and violence are all intertwined with the gender equality issue. Thus, concerted action to educate women, give them equal access to credit, and generally empower them, are critical components in battling all of the above-mentioned ills. Until societies, governments and non-governmental organizations around the world come together and make a concentrated effort to empower and grant equality to women, the world will be stuck in the past, and human well-being will never truly realize its full, vigorous potential. I would like to end the dissertation by the rightful words of Swami Vivekananda that : “Just as a bird could not fly with one wing only, a nation would not march forward if the women are left behind.” - Swami Vivekananda BIBLIOGRAPHY 1) . Kabeer, N. (2008), Mainstreaming Gender in Social Protection for the Informal Economy, Commonwealth Secretariat, London. 2) 5. Kucera, D. and T. Xenogiani (2009), “Women in Informal Employment: What Do We Know and What Can We Do?” in J. Jutting and J.R. De Laiglesia (eds.), Is Informal Normal? : Towards More and Better Jobs in Developing Countries, OECD, Paris. 3) Molyneux, M (2009), Conditional cash transfers: a ‘Pathway to women’s empowerment’? Pathways of Women’s Empowerment, Pathways brief 5, IDS, Brighton. 4) Mishra, Sweta , Women and 73 rd Constitutional Amendment Act: A Critical Appraisal , Social Action, Vol.44, 16-30, (1997) 5) Gender equality through reservation in decision-making Bodies, By Shashi. S. Narayana. Social Action 1998, Pg 147 6) " Gender Justice and The Supreme Court" by Indira Jaising in Supreme but not Infallible: Essays in Honour of the Supreme Court of India B.N. Kirpal, Ashok H. Desai, Gopal Subramaniam, Rajeev Dhavan and Raju Ramachandran (eds.) 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(Professor, Dept. of Econometrics & Co-ordinator, Centre for Gender Studies, University of Madras, Chennai) 13) Sheth, Surabhi D, Women's Sexuality: A Portrayal from Ancient Indian Literature Manushi, no.71,jul-aug 92, pg-14-2 14) Status of Women and Social change, By B. Sivaramayya in Journal of Indian law institute, Vol. 25, 1983, pp. 270. 15) Employment of Women and reproductive hazards in Work Places , By Neeru Sehgal, research scholar( Delhi university), in Journal India Law Institute, Vol. 29, (1987), pp. 201-215. ANNEXURE –A - 173 -