All human rights are women’s rights. The United Nations Organisation’s International
Covenant on civil and political rights, International Covenant on social, economic and cultural
rights, Universal Declaration of human rights 1948, UN Convention on Complete Elimination of
All Forms of Discrimination against women (CEDAW), several fundamental rights enshrined in
Indian Constitution from articles 14 to 32 and directive principles of state policy from articles 36 to
51 describes the human rights of women. There are several legislative provisions and social
security laws are also provides provisions for protection of human rights of women. The National
Human Rights Commission constituted under the protection of human rights Act 1993 and
National Commission’ for women are actively working for protecting the woman’s rights. The
guidelines of supreme court of India in Vishakha case has to be followed for preventing sexual
harassment of working women. The national policy for women and national mission for
empowerment of women and national awards for eminent women working for protection of rights
of women enables women empowerment and helps for protection of their human rights. The
greatness of a civilization can be judged by the place given to women in the society. One of several
factors that justify the greatness of India's ancient culture is the honorable place granted to women.
The foreign influence on India caused considerable deterioration in the status of women. They were
deprived of their rights of equality with men. Raja Ram Mohan Roy started a movement against
this inequality and subjugation. The contact of Indian culture with that of the British also brought
improvement in the status of women. The third factor in the revival of women's position was the
influence of Mahatma Gandhi who induced women to participate in the Indian Freedom Struggle.
The development of women is of paramount importance and sets the pace for overall development.
There is a need for addressing gaps in state action for women on promoting interMinisterial
and Inter Sector Convergence to create gender equitable and women centered policies and programmes.
The Ministry of Women and Child Development has nodal responsibility to promote the human
rights and concerns of women. We should have a vision of empowering women with human
dignity and contributing as equal partners in development in an environment free from violence and
discrimination. The Government and society should promote social, economic and political
empowerment of women through policies, programmes and create awareness about their rights and
facilitate institutional and legislative support for enabling them to realise their human rights and
develop their full potential of human personality. Several social reformers like Mahatma Jyotirao
Phule, Raja Ram Mohan Roy, Ishwar Chandra VidyaSagar, Narayan Guru and Periyar E.V.
Ramasamy have fought for the human rights of women especially Right to Education, Right to Equality etc and removal of social evils like Abolition of Child Marriages, Sati and promotion of
widow remarriages. Dr. B.R. Ambedkar, Chairman of the Drafting Committee of Indian
Constitution and First Law Minister of independent India has introduced Hindu Code Bill in
Parliament for liberating women from traditions and providing equal human rights for empowering
them. Education, health employment and political power will empower the women and helps of
protection of their human rights. 8th March is being observed as International Women’s Day
every year across the globe.
According to government reports 2 mil lion foetuses are aborted each year for reason none
other than they happen to be females. Census 2001 shows that during the 19912001
decade the overall sex ratio increased from 927 per 1,000 to 933 per 1,000. But during the same decade the child sex ratio (06 years) dropped from 945 to 927, while the sex ratio in the seven plus age group increased from 923 to 935. The problem of declining sex ratio cannot be viewed only in
terms of numbers. Studies should be conducted to look at the reasons be hind the decision to abort
and neglect baby girls. Some of the studies shows that juvenile sex ration (06 years) has been dropped from 945 (1991 census) to 896 (2001 census). This juvenile sexratio (06 years) is the most realistic indicator of trends in female foeticide and continuing dis crimination against the girl
child. The reasons behind the mistreatment of girls crosses the spectrum of Indian region,
economic classes and castes and are due to a complex mix of economic social and cultural factors.
Declining sex ratio is the reflection of the in trinsic flow in our social system, which has to be
taken into consideration and addressed. There is an urgent need to take measures to curb this
decline in sex ratio. In context to the educational development of women in India, they have
achieved far less education when compared to men. As per the Census report 2001, the literacy
rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincere effort
to improve the educational attainment of women by both government and voluntary organizations. The changes in the policies and infrastructural supports on primary, secondary and
higher education reflect the initiatives of the Government of India towards women education.
From an economist point of view, gender discrimination severely limit expansion and utilization
of human capabilities in women and it has critical implications for economic growth. It is
assumed that the status of women and discrimination against them are inversely related and
therefore measuring women’s status is equivalent to measuring gender discrimination.
Constitutional Rights
The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, Plans and programmes have aimed at women’s advancement in different
spheres. India has also ratified various international conventions and human rights instruments
committing to secure equal rights of women. India also ratified the UN Convention on
Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. Several
provisions are provided in Indian Constitution for upliftment of women like Equality before law
for women (Article 14), the State not to discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them (Article 15 (i)), the State has to make any
special provision in favour of women and children (Article 15 (3)), Equality of opportunity for all
citizens in matters relating to employment or appointment to any office under the State (Article
16), Prohibition of traffic in human beings, beggar and other similar forms of forced labour, the
State to direct its policy towards securing for men and women equally the right to an adequate
means of livelihood (Article 39(a)); and equal pay for equal work for both men and women
(Article 39(d)), to promote justice, on a basis of equal opportunity and to provide free legal aid
by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39 A), the
State has to make provision for securing just and humane conditions of work and for maternity
relief (Article 42), the State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46), the State to raise the level of nutrition and the standard of living of its
people (Article 47), to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e)).
Human Rights
Human Rights are indivisible, inalienable and universal. The Human Rights includes Right
to life, Right to equality, right to freedom of speech and expression, human dignity, right against
discrimination, liberty, equality and right to safe environment etc. India is a signatory to Universal
Declaration of Human Rights 1948, International Covenant on Civil and Political Rights,
International Covenant on Economic, Social and Cultural rights and UN Convention on Complete
Elimination of Discrimination Against Women. All these UN Human Rights Conventions have
provided equal human rights to women. “Human rights represent the rights of all human beings of
the sex, men and women. Both men and women have equal access to these rights. No
discrimination is allowed or imposed in the exercise of these rights. It is a fact of history that
women have been denied equal rights for centuries. The “philosophy of human rights” became
popular only during the second half of the 20th century and the issue of “gender equality” and
“equal rights” for women assumed importance only after 1970′s. India which joined the UNO
after its independence gave much importance to the human rights by incorporating many of these
in its constitution. India which adopted a Constitution of its own in 1949 contains several Articles
mandating equality and nondiscrimination on the ground of sex. Indian Parliament enacted
protection of Human Rights Act 1993 and on the basis of this legislation National Human Rights
Commission was established for protection of Human Rights. Women can also send complaints to
NHRC when their constitutional, legal and human rights are violated.
Legislative Provisions
The State has enacted various legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence, atrocities and crimes against women
to provide support services especially to working women. Although women may be victims of
any of the crimes such as 'Murder', 'Robbery', 'Cheating' Child Marriages, Sati and forced
prostitution and human trafficking etc. The crimes, which are directed specifically against
women, are characterized as 'Crime against Women'. These are broadly classified under two
categories. The crimes identified under the Indian Penal Code (IPC) are Rape (Sec. 376 IPC),
Kidnapping and Abduction for different purposes (Sec. 363373), Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304B IPC), Torture, both mental and physical (Sec. 498A
IPC), Molestation (Sec. 354 IPC), Sexual Harassment (Sec. 509 IPC), Importation of girls (up to
21 years of age). The second category crimes are identified under the Special Laws. The Supreme
Court of India is a great champion of rights of women. The Apex court has given specific
guidelines for protection from Sexual Harassment of working women in Vishakha vs State of
Rajasthan. Indian Parliament enacted several legislations on women for protection of their rights in
tune with the fundamental rights guaranteed under Part III of the Indian Constitution and United
Nations Human Rights Conventions. The legislations includes the Employees State Insurance
Act, 1948, the Plantation Labour Act, 1951, the Family Courts Act, 1954, the Special Marriage
Act, 1954 the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 with amendment in
2005, Hindu adoption and Maintenance Act 1955 Immoral Traffic (Prevention) Act, 1956 the
Maternity Benefit Act, 1961 (Amended in 1995), Dowry Prohibition Act, 1961, the Medical
Termination of Pregnancy Act, 1971, the Contract Labour (Regulation and Abolition) Act, 1976, the Equal Remuneration Act, 1976, the Prohibition of Child Marriage Act, 2006, the Criminal
Law (Amendment) Act, 1983, the Factories (Amendment) Act, 1986, Indecent Representation of
Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act, 1987, the Protection of
Women from Domestic Violence Act, 2005 and Protection of Women from Sexual Harassment
Act.
Family courts are established to decide matters and make orders in relation to family law,
such as custody of children. In common law jurisdictions "family courts" are statutory creations
primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a
superior court. The Family Courts Act 1987 was enacted on 14 September 1987 to provide for
setting up of the family courts with a view to promoting conciliation and to secure speedy
settlement of disputes relating to marriage and family affairs. The State Government after
consultation with the High Court and by notification shall establish a Family Court for every area
of the state consisting of a city or town whose population exceeds ten lakhs and for other areas in
the state as it may deem necessary. Family courts are subordinate to the High Court, which has
power to transfer the case from one family court to the other. The matters which are dealt in the
Family Court in India are matrimonial relief which includes nullity of marriage, judicial
separation, divorce, restitution of conjugal rights, declaration as to the validity of marriage and
matrimonial status of the person, property of the spouses or any of them and declaration as to the
legitimacy of any person, guardianship of a person or custody of any minor children, maintenance
of wife including the proceedings under the Criminal Procedure Code. The Supreme Court of
India in its several landmark judgments like Shah Bano case protected the rights of women.
Covenant on civil and political rights, International Covenant on social, economic and cultural
rights, Universal Declaration of human rights 1948, UN Convention on Complete Elimination of
All Forms of Discrimination against women (CEDAW), several fundamental rights enshrined in
Indian Constitution from articles 14 to 32 and directive principles of state policy from articles 36 to
51 describes the human rights of women. There are several legislative provisions and social
security laws are also provides provisions for protection of human rights of women. The National
Human Rights Commission constituted under the protection of human rights Act 1993 and
National Commission’ for women are actively working for protecting the woman’s rights. The
guidelines of supreme court of India in Vishakha case has to be followed for preventing sexual
harassment of working women. The national policy for women and national mission for
empowerment of women and national awards for eminent women working for protection of rights
of women enables women empowerment and helps for protection of their human rights. The
greatness of a civilization can be judged by the place given to women in the society. One of several
factors that justify the greatness of India's ancient culture is the honorable place granted to women.
The foreign influence on India caused considerable deterioration in the status of women. They were
deprived of their rights of equality with men. Raja Ram Mohan Roy started a movement against
this inequality and subjugation. The contact of Indian culture with that of the British also brought
improvement in the status of women. The third factor in the revival of women's position was the
influence of Mahatma Gandhi who induced women to participate in the Indian Freedom Struggle.
The development of women is of paramount importance and sets the pace for overall development.
There is a need for addressing gaps in state action for women on promoting interMinisterial
and Inter Sector Convergence to create gender equitable and women centered policies and programmes.
The Ministry of Women and Child Development has nodal responsibility to promote the human
rights and concerns of women. We should have a vision of empowering women with human
dignity and contributing as equal partners in development in an environment free from violence and
discrimination. The Government and society should promote social, economic and political
empowerment of women through policies, programmes and create awareness about their rights and
facilitate institutional and legislative support for enabling them to realise their human rights and
develop their full potential of human personality. Several social reformers like Mahatma Jyotirao
Phule, Raja Ram Mohan Roy, Ishwar Chandra VidyaSagar, Narayan Guru and Periyar E.V.
Ramasamy have fought for the human rights of women especially Right to Education, Right to Equality etc and removal of social evils like Abolition of Child Marriages, Sati and promotion of
widow remarriages. Dr. B.R. Ambedkar, Chairman of the Drafting Committee of Indian
Constitution and First Law Minister of independent India has introduced Hindu Code Bill in
Parliament for liberating women from traditions and providing equal human rights for empowering
them. Education, health employment and political power will empower the women and helps of
protection of their human rights. 8th March is being observed as International Women’s Day
every year across the globe.
According to government reports 2 mil lion foetuses are aborted each year for reason none
other than they happen to be females. Census 2001 shows that during the 19912001
decade the overall sex ratio increased from 927 per 1,000 to 933 per 1,000. But during the same decade the child sex ratio (06 years) dropped from 945 to 927, while the sex ratio in the seven plus age group increased from 923 to 935. The problem of declining sex ratio cannot be viewed only in
terms of numbers. Studies should be conducted to look at the reasons be hind the decision to abort
and neglect baby girls. Some of the studies shows that juvenile sex ration (06 years) has been dropped from 945 (1991 census) to 896 (2001 census). This juvenile sexratio (06 years) is the most realistic indicator of trends in female foeticide and continuing dis crimination against the girl
child. The reasons behind the mistreatment of girls crosses the spectrum of Indian region,
economic classes and castes and are due to a complex mix of economic social and cultural factors.
Declining sex ratio is the reflection of the in trinsic flow in our social system, which has to be
taken into consideration and addressed. There is an urgent need to take measures to curb this
decline in sex ratio. In context to the educational development of women in India, they have
achieved far less education when compared to men. As per the Census report 2001, the literacy
rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincere effort
to improve the educational attainment of women by both government and voluntary organizations. The changes in the policies and infrastructural supports on primary, secondary and
higher education reflect the initiatives of the Government of India towards women education.
From an economist point of view, gender discrimination severely limit expansion and utilization
of human capabilities in women and it has critical implications for economic growth. It is
assumed that the status of women and discrimination against them are inversely related and
therefore measuring women’s status is equivalent to measuring gender discrimination.
Constitutional Rights
The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, Plans and programmes have aimed at women’s advancement in different
spheres. India has also ratified various international conventions and human rights instruments
committing to secure equal rights of women. India also ratified the UN Convention on
Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. Several
provisions are provided in Indian Constitution for upliftment of women like Equality before law
for women (Article 14), the State not to discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them (Article 15 (i)), the State has to make any
special provision in favour of women and children (Article 15 (3)), Equality of opportunity for all
citizens in matters relating to employment or appointment to any office under the State (Article
16), Prohibition of traffic in human beings, beggar and other similar forms of forced labour, the
State to direct its policy towards securing for men and women equally the right to an adequate
means of livelihood (Article 39(a)); and equal pay for equal work for both men and women
(Article 39(d)), to promote justice, on a basis of equal opportunity and to provide free legal aid
by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39 A), the
State has to make provision for securing just and humane conditions of work and for maternity
relief (Article 42), the State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46), the State to raise the level of nutrition and the standard of living of its
people (Article 47), to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e)).
Human Rights
Human Rights are indivisible, inalienable and universal. The Human Rights includes Right
to life, Right to equality, right to freedom of speech and expression, human dignity, right against
discrimination, liberty, equality and right to safe environment etc. India is a signatory to Universal
Declaration of Human Rights 1948, International Covenant on Civil and Political Rights,
International Covenant on Economic, Social and Cultural rights and UN Convention on Complete
Elimination of Discrimination Against Women. All these UN Human Rights Conventions have
provided equal human rights to women. “Human rights represent the rights of all human beings of
the sex, men and women. Both men and women have equal access to these rights. No
discrimination is allowed or imposed in the exercise of these rights. It is a fact of history that
women have been denied equal rights for centuries. The “philosophy of human rights” became
popular only during the second half of the 20th century and the issue of “gender equality” and
“equal rights” for women assumed importance only after 1970′s. India which joined the UNO
after its independence gave much importance to the human rights by incorporating many of these
in its constitution. India which adopted a Constitution of its own in 1949 contains several Articles
mandating equality and nondiscrimination on the ground of sex. Indian Parliament enacted
protection of Human Rights Act 1993 and on the basis of this legislation National Human Rights
Commission was established for protection of Human Rights. Women can also send complaints to
NHRC when their constitutional, legal and human rights are violated.
Legislative Provisions
The State has enacted various legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence, atrocities and crimes against women
to provide support services especially to working women. Although women may be victims of
any of the crimes such as 'Murder', 'Robbery', 'Cheating' Child Marriages, Sati and forced
prostitution and human trafficking etc. The crimes, which are directed specifically against
women, are characterized as 'Crime against Women'. These are broadly classified under two
categories. The crimes identified under the Indian Penal Code (IPC) are Rape (Sec. 376 IPC),
Kidnapping and Abduction for different purposes (Sec. 363373), Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304B IPC), Torture, both mental and physical (Sec. 498A
IPC), Molestation (Sec. 354 IPC), Sexual Harassment (Sec. 509 IPC), Importation of girls (up to
21 years of age). The second category crimes are identified under the Special Laws. The Supreme
Court of India is a great champion of rights of women. The Apex court has given specific
guidelines for protection from Sexual Harassment of working women in Vishakha vs State of
Rajasthan. Indian Parliament enacted several legislations on women for protection of their rights in
tune with the fundamental rights guaranteed under Part III of the Indian Constitution and United
Nations Human Rights Conventions. The legislations includes the Employees State Insurance
Act, 1948, the Plantation Labour Act, 1951, the Family Courts Act, 1954, the Special Marriage
Act, 1954 the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 with amendment in
2005, Hindu adoption and Maintenance Act 1955 Immoral Traffic (Prevention) Act, 1956 the
Maternity Benefit Act, 1961 (Amended in 1995), Dowry Prohibition Act, 1961, the Medical
Termination of Pregnancy Act, 1971, the Contract Labour (Regulation and Abolition) Act, 1976, the Equal Remuneration Act, 1976, the Prohibition of Child Marriage Act, 2006, the Criminal
Law (Amendment) Act, 1983, the Factories (Amendment) Act, 1986, Indecent Representation of
Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act, 1987, the Protection of
Women from Domestic Violence Act, 2005 and Protection of Women from Sexual Harassment
Act.
Family courts are established to decide matters and make orders in relation to family law,
such as custody of children. In common law jurisdictions "family courts" are statutory creations
primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a
superior court. The Family Courts Act 1987 was enacted on 14 September 1987 to provide for
setting up of the family courts with a view to promoting conciliation and to secure speedy
settlement of disputes relating to marriage and family affairs. The State Government after
consultation with the High Court and by notification shall establish a Family Court for every area
of the state consisting of a city or town whose population exceeds ten lakhs and for other areas in
the state as it may deem necessary. Family courts are subordinate to the High Court, which has
power to transfer the case from one family court to the other. The matters which are dealt in the
Family Court in India are matrimonial relief which includes nullity of marriage, judicial
separation, divorce, restitution of conjugal rights, declaration as to the validity of marriage and
matrimonial status of the person, property of the spouses or any of them and declaration as to the
legitimacy of any person, guardianship of a person or custody of any minor children, maintenance
of wife including the proceedings under the Criminal Procedure Code. The Supreme Court of
India in its several landmark judgments like Shah Bano case protected the rights of women.
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