Gender issues & women empowerment in india

By
Dr. Satyanarayana Dash
Ex-Acting Chairman, Odisha Administrative Tribunal

Constitutional & other Enactments
for ensuring Human Rights for
Women
Principles of Gender Equality in Constitution of India
is enshrined in its Preamble, Fundamental Rights,
Fundamental Duties and Directive Principles. Our
Constitution has Provisions for the State to adopt
measures of Positive Discrimination in favor of
Women
Fundamental Rights ensure equality before Law and
Equal Protection of Laws and prohibits discrimination
on grounds of religion, Race, Caste, Sex or Place of
Birth and guarantees Equality of Opportunity to all
citizens in matters relating to Employment.

Women
Article 14: Equality Before Law
Article 15(1):Non- Discrimination on the Grounds of
Religion, Caste, Sex, Place of Birth
Article 15(3):State may make any special provision in
favor of Women & Children
Article 16:Equality of Opportunity for all Citizens in
matters relating to Employment
Article 39(a):Equal Rights for Men & Women to
Adequate Means of Livelihood

Women
Article 39(d):Equal Pay for Equal Work for both Men
& Women
Article 39(A):Ensure that opportunities for seeking
Justice are not denied for any Citizen by Economic &
other Disabilities
Article 42:State to make Provision for securing
just & humane conditions of work & Maternity Relief

Women
Article 46: State to Promote with special care, the
educational and economic interests of the weaker
sections of the people and protect them from social
injustice and all forms of Exploitation
Article 47: State to raise level of nutrition and
standard of living of the people
Article 51(A)(e):State to promote Harmony and the
spirit of common brotherhood amongst all the people
of India and renounce Practices derogatory to the
Dignity of Women

Women
Article 243D(3):Not less than 1/3rd
(including those
reserved for Women SC/ST Categories) of Seats to be
filled up in every Panchayat to be reserved for
Women, to be allotted on rotation basis among
different constituencies in Panchayats
Article 243D(4):Not less than 1/3rd
of the total
numbers of offices of Chairpersons in the Panchayats
at each level to be reserved for Women

Women Reservation in
Municipalities
Article 243T(3):Not Less than 1/3rd
(Including those
reserved for Women SC/STs) of the total number of
seats to be filled up by direct election in every
Municipality to be reserved for women and such
seats are to be allotted by rotation among different
constituencies in a Municipality
Article 243T(4):Reservation of offices of Chairpersons
in Municipalities for the Scheduled Castes, Scheduled
Tribes and Women in such manner as the Legislature
of a State may by law provide

Legal Provisions Relating to Crimes
against Women
Crimes against Women generally refers to crimes
directed specifically against women although they
may suffer other crimes like Robbery, cheating,
Murder etc.
Indian Penal Code Sections:
(i)Section 376: Offence of Rape
(ii)Section 363-373:Kidnapping and Abduction for
Different Purposes

IPC Sections Relating to Crimes
Against Women
Section 302/304-B:Homicide for Dowry, Dowry
Deaths or their Attempts
Section 354:Assault or Criminal Force Against
Women with Intent to Outrage her Modesty
Subsequent to Nirbhaya Case, Criminal Law
Amendment Act has made further Provisions under
this Section
Section 509: Word, Gesture or Act intended to insult
the Modesty of a Woman

Special Laws applicable to Women
The Employees State Insurance Act,1948
The Plantation Labor Act, 1951
Family Courts Act, 1954
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956 with Amendments in
2005
Immoral Traffic(Prevention Act), 1956
The Maternity Benefit Act, 1961 with 1995
Amendments

Dowry Prohibition Act, 1961
The Medical Termination of Pregnancy Act, 1971
The Contract Labor (Regulation & Abolition) Act,
1976
The Prohibition of Child Marriage Act, 2006
The Criminal Law Amendment Act, 1983 & 2013

The Factories (Amendment) Act, 1986
Indecent Representation of Women (Prohibition)
Act, 1986
Commission of Sati (Prevention) Act, 1987
The Protection of Women from Domestic Violence
Act, 2005
Subsequent to Brutal Rape & Murder of Nirbhaya on 16th
December 2012 in Delhi, Laws have been
strengthened based on Justice J.S.Verma Committee
Report

Main Provisions of Criminal Law
Amendment Act 2013
Section 326A: Acid Attack : Imprisonment >10 Years + fine
to cover reasonable Medical Expenses of the Victim
Section 326B:Attempt to Acid Attack : Punishable with
Imprisonment 5-7 Years+ Fine
Section 354A:Sexual Harassment defined as (i)unwelcome
Physical Contact and advances (ii) Demand/Request for
Sexual Favors (iii) Showing Pornography against the will
of a woman (iv) Making Sexually Colored remarks. For
first three offences, Rigorous Imprisonment for up to 3
years and/or fine. For the last offence, Imprisonment up to
One Year and/or fine
Section 354B: Assault on Woman with Intent to Disrobe:
Imprisonment 3-7 years + Fine

Main Provisions of Criminal Law
Amendment Act 2013
Section 354C: Voyeurism: Watching/Capturing &
Disseminating Image of a woman engaged in Private
Act—First Conviction– 1-3 years + Fine,
Second/Subsequent Conviction—3-7 years + Fine
Section 354D: Stalking: Following a woman to contact
or attempt to contact or monitor E mail/Internet use
by a woman unless authorized for
Prevention/Detection of Crime. First Conviction–
Imprisonment up to 3 years + Fine, Second
Subsequent Conviction – Imprisonment up to 5 years
+ Fine

United Nations’ CEDAW Covenant
The Covenant on Elimination of Discrimination
against Women (CEDAW), 1979 is a Landmark Treaty
of United Nations marking Struggles for
establishment of Womens’ Rights . Described as a Bill
of Rights for women, it propagates non-
discriminatory model, i.e. Women should enjoy same
rights as men– Civil, Political , Economic & Cultural.

CEDAW follows Universal Declaration of Human
Rights (1948) and International Covenant of Social &
Political Rights (1966), which laid stress on Equality
between Men & Women
General Recommendation 19 of CEDAW formulated
in 1992, deals entirely with Violence against Women
and asks State Parties to review their laws and policies
accordingly
India ratified CEDAW Resolution on 25th
June, 1993.
India affirmed to implement CEDAW at Fourth
World Conference on Women at Beijing (1995)

Articles 51 and 253 of the Constitution of India
empowers Parliament to make laws to give effect to
International Covenants.
The Declaration on the Elimination of Violence
against Women 1993 is a comprehensive statement of
international standards with regard to Protection of
Women from Violence . Any grave or systematic
violation can be enquired into and penalized ever
since the Optional Protocol of December 2000.

Protection of Rights of Working
Women
Following Gangrape of Bhanwari Devi, a social worker
who tried to stop a child marriage in a village in
Rajasthan by some upper caste men, a case was filed
in the Trial Court by her against offenders . Acquittal
of accused in trial Court led to several womens’
Groups under the Collective Platform of Visakha in
the Supreme Court
Supreme Court of India for the first time gave a
detailed definition of Sexual Harassment of Women

Women
Supreme Court considered many International
Conventions on Womens’ Issues for Gender Equality,
right to work with Dignity in Articles 14, 15, 19(1)(g) of
the Constitution of India
Earlier Working Women facing Sexual Harassment
could proceed under Sections 354 and 509 of IPC, but
what is the scope of “outrage of modesty of women”
was left to the discretion of the Police Station House
Officer.

Women
Landmark Judgement by Hon’ble Supreme Court in
August 1997 by Justice J.S.Verma led Bench defined
Sexual Harassment as (i) Physical Contact and
Advances (ii) demand or request for sexual favors
(iii)Sexually colored remarks(iv) showing
pornography (v) any other physical, verbal or non-
verbal conduct of sexual nature
Complaints Mechanism will be evolved to deal with
the complaints by the Employer

Women
After the Nirbhaya Case, Visakha Guidelines were
incorporated in a Legislation “The Sexual Harassment
of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 made effective from April 23rd
,
2013 by Gazette Publication
Highlights of the Act:-
(i) It covers all women, irrespective of her age or
employment status, whether in organized or
unorganized sectors, Public or Private and covers
Clients, Customers and Domestic Workers as well

Women
(ii)The workplace covers all establishments in Private
Sector, Public Sector, Organized/Unorganized
Sectors, Hospitals, Nursing Homes, Sports Institutes,
Stadium, Places visited by Employee on duty, during
transportation
(iii)Internal Complaints Committee (ICC) will complete
Enquiry within 90 days. On Completion of Enquiry,
the Report will be sent to the Employer or the District
Officer and they have to take action within 60 days

Women
(iv)Every Employer will constitute ICC in the
Departments or Branches with 10 or more employees.
The District Officer (District Collector) is required to
constitute Local Complaints Committee (LCC) in
each District and if required at Block Level
(v)ICC/LCC will have powers of Civil Court for
gathering Evidence
(vi) The Inquiry will be kept confidential and anybody
breaching will be fined Rs.5000/-

Women
(vii)Employers to conduct Education/Sensitization
Programs and develop Policies against Sexual
Harassment of working Women
(viii)Non-Compliance with Provisions of the Act shall
be Punishable with Fines up to Rs.50,000/-. Repeated
violations may lead to higher Penalties/Cancellation
of Licenses

Women
(ix) Since Sexual Harassment is a Criminal Offence
under Section 354 of IPC, Employers are obligated to
report offences.
(x) The Act can cover even women working as
Agricultural Labor, since the definition of workplace
is very wide.

Special Initiatives for Women
National Commission for Women: Set up in January,
1992 it is meant to safeguard interests of Women. Has
a wide mandate covering all aspects of Womens’
Development like investigating and examining legal
safeguards provided for women under Constitution &
other Laws. Looking into complaints and take suo
moto notice . Taking up research and studies related
to Women

Special Initiatives for Women
National Policy for Empowerment of Women
2001:The Department of Women & Child
Development had prepared a “National Policy for the
Empowerment of Women” in the year 2001. Its goal
was to bring about the advancement, development
and empowerment of Women
Reservation of Women in Local Self-Government:
The 73rd
Constitutional Amendment Act passed in 1992
ensures 1/3rd
of total seats for women in all elected
offices in rural and urban local Bodies

Protection of Child Rights
Constitutional Provisions:-Article 15:Non-
discrimination against any citizen ; Article 21:No
person should be deprived of his life and liberty ;
Article 23:Traffic in Human beings & Forced Labor
Prohibited ; Article 24:No Child below 14 years to
work ; Article 39:Tender age of children not abused ;
Article 42:Securing Just & Humane conditions of
Work and for Maternity Relief

Protection of Child Rights
 Article 45:Free & Compulsory Education of all children till 14 years of age ; Article
47:Raising the Level of Nutrition & Standard of living of people
International Convention– UN Convention on the Rights of the Child . Sets out 54
Articles and outlines Basic Human Rights for every Child. It Covers– Right to Survival,
Right to Development, Right to Protection, Right to Participation. Other International
Conventions are SAARC Convention on Regional Arrangements for the Promotion of
Child Welfare in South Asia—Protocol to prevent, suppress and punish and deals with
Trafficking in Persons, Especially Women & Children for Prostitution
National Policy for Children, 1974:Children to be covered by Health & Nutrition Services,
Free & Compulsory Education for all Children below 14 years, Non Formal Education—
Physical Education, Games, Sports to be promoted in Schools, Community Centers,
Equality of Opportunity for Children of Weaker Sections, Children to be protected
against neglect, cruelty and exploitation, No Under 14 Child to work, Special Facilities
for Handicapped Children, Priority to Children under Distress, Calamities, special
programs for Gifted Children, Existing Laws are to be amended keeping in view
safeguarding of Childrens’ interest

National Health Policy, 1983
Emphasis on launching of Nationwide immunization
Program aimed at 100% coverage of targeted
population
Priority of launching of Special Program for maternal
and child Health Care with focus on underprivileged
sections of Society
School Health Programs
Emphasis on Provision of Safe Drinking Water &
Sanitation Facilities

National Policy on Education 1986
Priority to Early Childhood Care & Education (ECCE)
Day Care Centers as support service for
Universalization of Primary Education
Integration of Child Care and Pre-primary Education
Universal Enrolment and retention of Children up to
14 years in the School System

Child centered Activity Based Process of Learning
adopted at Primary Stage
Supplemental Remedial instruction for first
generation learners
Provision of Essential Facilities in Primary Schools
like Toilets & Safe Drinking Water
Highest Priority to solving School Drop-out Problems
of Children . Non-formal Education Facilities for
Working & School Drop-out Children

Non-formal Education Facilities for Girl Child
Provision of at least Two Teachers (One Woman)in
every school
National Nutritional Policy, 1993: Realized the
importance of tackling the problem of mal-nutrition
through Direct Nutrition Intervention for specially
vulnerable groups as well as through various
Development Policy Instruments

Child Targeted Schemes &
Programs
Mid-Day Meal Scheme
Integrated Child Development Scheme (ICDS)
Integrated Child Protection Schemes(ICPS)
Sarva Shiksha Abhiyan
Operation Blackboard
Integrated Program for Street Children
Kishori Shakti Yojana

Programs
Wheat Based Nutrition Program
Nutrition Programs for Adolescent Girls
Rajiv Gandhi Creche Scheme for the Children of
Working Mothers
Balika Samriddhi Yojana
Initiatives to combat trafficking in Women &
Children
CHILDLINE Services

Programs
Reproductive & Child Health Program
National Child Labor Project
Scheme for Working Children in need of care &
protection
Acts supporting Child Rights
(1)The Protection of Children from Sexual Offences Act
2012
(2)The Right of Children to Free & Compulsory
Education Act 2009

Acts Supporting Child Rights
(3) Juvenile Justice (Care & Protection of Children) Act,
2000
(4) Child Labor (Prohibition & Regulation) Act 1986
(5) Child Labor (Amendment) Act, 2006
(6) Bonded Labor System (Abolition) Act, 1976
(7) Factories Act, 1948
(8) Prenatal Diagnostic Techniques Act 1994

Acts Supporting Child Rights
(9) Persons with Disabilities Act 1995
(10) Prohibition of Child Marriage Act 2006
(11) Immoral Traffic (Prevention) Act 1986
(12) Guardians & Wards Act 1890
(13) Hindu Adoption & Maintenance Act 1956
(14) Sections of the Indian Penal Code & Child Related
Offences

National Commission for
Protection of Child Rights (NCPR)
Set up in 2007 to safeguard Childrens’ interests
Examines and reviews safeguards provided by various
laws for protection of child rights & recommend
measures for effective implementation
Inquires into violations of Child Rightsa & initiate
Proceedings

National Commission for
Protection of Child Rights (NCPR)
Undertakes and promotes research in the field of
child rights
Spreads Child Rights Literacy among various Sections
of Society and promotes awareness of the safeguards
available for protection of these rights through
Publications in Media, Seminars and other available
means

Odisha State Child Protection
Society(OSCPS)
Registered in 2009 to implement ICPS
Functions under Women & Child Development
Department, Government of Odisha
Setting up District Child Protection Units
Ensuring effective implementation of Juvenile Justice
Act 2000 & Odisha Juvenile Justice (Care & Protection
of Children) Rules
Ensure proper implementation of all acts relating to
Child Rights . Co-ordinating with all Departments
related to protection of Child Rights

Protection of Children from Sexual
Offences (POCSO) Act, 2012
Act Passed by Lok Sabha on 22nd
May,2012 and Rajya
Sabha on 10th
May, 2012.Rules under the Act notified
on 14th
November, 2012. For the First Time, Special Act
was passed. Earlier, IPC Sections dealt with the
Problem, but they were grossly inadequate , as they
failed to distinguish between Adult & Child Victims
Act defines a Child to be below 18 years of age
Act provides for stringent punishments for various
offences

An offence is treated as aggravated when committed
by a Person in Position of Trust or Authority, such as
a Member of Security Force, Police Officer, Public
Servant etc.
Various Punishments Prescribed are:-
(i)Penetrative Sexual Assault (Section 3)--7 years to
Imprisonment for Life + Fine (Section 4)
(ii)Aggravated Penetrative Sexual Assault (Section 5)– 10
years to Imprisonment for Life + Fine (Section 6)

(iii) Sexual Assault (Section 7) – 3 years to 5 years + Fine
(Section 8)
(iv) Aggravated Sexual Assault (Section 9)-- 5 years to 7
years + Fine (Section 10)
(v) Sexual Harassment of the Child (Section 11)– up to 3
years + Fine
(vi) Use of Child for Pornographic Purposes (Section
13)– First Conviction: up to 5 years + Fine: Subsequent
Conviction: up to 7 years + Fine (Section 14(1))

Protection of Human Rights of
Scheduled Castes/Scheduled Tribes
Constitutional & Legal Provisions:
(i)Articles 23, 24, 37,38,39, 39A & 46 of the Constitution
of India deals with Traffic in Human Beings/Forced
Labor, Employment of Children in Factories, Securing
a Social Order for promotion of Welfare of people,
Equal Justice & Free Legal Aid, Promotion of
Educational & Economic Interests of Scheduled
Castes/Scheduled Tribes/Weaker Sections

Article 17 relates to abolition of Untouchability . Article 25
deals with Freedom of Conscience and free profession,
practice & propagation of religion
Article 15 & 16 relate to principles of Equality & Prohibition
of Discrimination on the basis of Caste/Race/Sex/Place of
Birth/Religion
Article 16(4) makes Special Provision for Reservation in
Public Services for Backward Classes where they are not
adequately represented. Article 16(4A) provides for
Accelerated Promotions also based on Backwardness,
inadequacy of Representation and Administrative
Efficiency (Article 335).

Article 330: Reservation for SC/ST in the Lok Sabha
Article 332:Reservation for SC/Sts in the Legislative
Assemblies
Article 243D: Reservation of Seats in Panchayats
Article 243T:Reservation of Seats in Municipalities

Article 19(5):Special Restrictions may be placed by
Government for acquisition & Disposal of Property in
the interests Scheduled Tribes, especially the
Primitive Tribal Groups
Article 29: Cultural/Linguistic Minority has Right to
Conserve its Language & Culture
Article 338: National Commission for Scheduled
Castes has been set up to safeguard their Rights
Article 338A: National Commission for Scheduled
Tribes has been set up to safeguard their Rights

These National Commissions are to investigate,
monitor Complaints by Members of SC/Sts into
atrocities committed on them and also advise
Government to bring in appropriate Legislation or
make changes in existing Legislation to safeguard
their interests. Annual Report to President of their
activities . They also advise Government on Sub-Plans
of Schemes of Government of India/State
Governments

(Prevention of Atrocities) Act,1989
This Specific Legislation was brought in as Protection
of Civil Rights Act 1955 and IPC was not sufficient to
deal with cases of atrocities against members of
Scheduled Castes/Scheduled Tribes.
Salient Features of the Act are:-
(i)Creation of new offences not in IPC or PCRA
(ii)Commission of offences by non-SC/ST persons on
SC/ST Community

Defines various types of atrocities against SC/STs
under Section 3
Provides for stringent punishments
Enhanced Punishments for Public Servants
Punishment for neglect of duty by a Public Servants
Attachment & Forfeiture of Property
Creation of Special Courts to try the offences under
the Act

Appointment of Special Public Prosecutors
Empowers Government to impose Collective Fines
Cancellation of Arms Licenses in identified Areas and
seize all illegal Fire arms
Granting Arms Licenses to SC/STs
Denial of Anticipatory Bail
Denial of Probation to convicts
Provides compensation to victims & their
relief/rehabilitation
Identify Atrocity prone areas
Setting up deterrent to avoid commission of atrocities

Setting up mandatory, Periodic monitoring System at
different levels, District Level District Level
Monitoring & Vigilance Committee-DVMC, State
Level Monitoring & Vigilance Committee-SVMC &
National Level Vigilance & Monitoring Committee—
NVMC
Atrocity under the Act is any offence under Sections
3(1) & 3(2).

The Protections under the Act mainly covers the
following:-
(i)Social Disabilities like non-access to Drinking Water
Source or use of a Passageway
(ii)Personal Atrocities like forceful drinking or eating of
obnoxious substance
(iii)Outraging Modesty or sexual exploitation, causing
injury or annoyance

(iv) Atrocities affecting Properties like land, residential
premises
(v) Economic Exploitation, Bonded Labor
Criminal Liability under the Act can only be
established if the offence is committed by a person
who is not an SC/St against a person who is SC/ST. A
Court of Session will be a Special Court under the Act

Protection of the Rights of
Minorities—Constitutional
Provisions
Rights fall in Two Categories—(1) Common Domain
applicable to all Citizens and (2) Separate Domain
applicable to Minorities
Part III of Constitution --- Fundamental Rights & Part
IV– Directive Principles of State Policy
Part IV Article 38(2):state to try to eliminate
inequalities in status, facilities & opportunities
amongst individuals and groups of people residing in
different areas. Article 46: State to Promote
Educational/Economic interests of weaker sections of
people

Provisions
Article 51A:Citizens’ Duty to promote harmony and
spirit of common brotherhood amongst people of
India transcending
religious/linguistic/regional/sectional diversities
Article 15,16, for equality of opportunity for all with
consideration for Backward Classes, Women, SC/STs
Article 25(1):Right to Profess, practice and propagate
religion subject to Public Order, morality & Health

Provisions
Article 26: Every Religious Denomination can
establish & maintain Institutions for Religious &
Charitable Purposes, can own or acquire
movable/immovable property and administer it as per
law.
Article 27: Prohibits compelling any Person to pay
taxes or promote any particular Religion
Article 28:Peoples’ Freedom to attend any Religious
instruction or worship in Educational Institutions

Provisions
Article 29(1) Right of any citizen/group of citizens to
conserve their language, script or culture
Article 29(2):Restricts denial of admission to any
citizen to any Educational Institution maintained or
aided by the State on only the grounds of
religion/caste/language
Article 30(1): Right of all Linguistic Minorities to
establish & Administer Educational Institutions of
their Choice

Provisions
Article 30(2):Freedom of Minority Managed
Educational Institutions from discrimination in the
matter of receiving aid from the State
Article 347: Special Provision relating to the language
spoken by a Section of the Population of any State
Article 350A: Provision of Facilities for instruction in
Mother Tongue at Primary Stage

Provisions
Article 350B:Provision of a Special Officer for
Linguistic Minorities and his Duties
Article 25(1) Explanation: Sikh Community’s Rights to
wearing and carrying Kirpans
National Commission for Minorities (NCM) has been
set up Pursuant to NCM Act, 1992 to safeguard the
interests of Religious Minorities– Muslims, Christians,
Sikhs, Buddhists, Jains. Social Pluralism of India has
been fortified by the unique concept of Secularism
enshrined in the Constitution of India

Health Indicators of Women &
Children in Odisha & India
Indicator Odisha India
(1)Maternal
Mortality Rate 222 178
(2) Infant Mortality
Rate 51 40
(3) Sex Ratio 978 940
(4)Child Sex Ratio 934 914
(5)Women Literacy 64.4% 65.4%

Gender issues & women empowerment in india

Gender issues & women empowerment in india

Empfohlen

Empfohlen

Weitere ähnliche Inhalte

Was ist angesagt?

Was ist angesagt? (20)

Andere mochten auch

Andere mochten auch (20)

Ähnlich wie Gender issues & women empowerment in india

Ähnlich wie Gender issues & women empowerment in india (20)

Mehr von DR SATYANARAYANA DASH,IAS (RETD.)

Mehr von DR SATYANARAYANA DASH,IAS (RETD.) (19)

Kürzlich hochgeladen

Kürzlich hochgeladen (20)