Empowerment of Women

National Policy for Empowerment of Women: The National Policy for Empowerment
of Women (NPEW) was formulated in 2001 as the blueprint for the future, with the expressive
goal of bringing about the advancement, development and empowerment of women. The NPEW
laid down detailed prescriptions to address discrimination against women, strengthen existing
institutions which includes the legal system, provide better access to health care and other
services, equal opportunities for women's participation in decision making and mainstreaming gender concerns in the development process. The policies and programmes of the Government are
directed towards achieving inclusive growth with special focus on women in line with the
objective of the National Policy for Empowerment of Women. The Government introduced
Gender Budgeting in 2005-06 in order to ensure that policy commitments are backed by financial outlays and that the gender perspective is incorporated in all stages of a policy or a programme. The objectives of Gender Budgeting are for committing to initiatives with the objective of influencing and effecting a change in the Ministries’ policies, programmes in a way that could tackle gender imbalances, promote gender equality and development and ensure that public resources through the Ministries’ budgets are allocated and managed accordingly. The government also made all efforts to ensure a definite flow of funds to women was the introduction of a Women’s Component Plan (WCP) in the 9th Five Year Plan whereby all Ministries/Departments were directed to ensure at least 33 percent funds for women.
National Mission for Empowerment of Women: Government of India launched
the National Mission for empowerment of women (NMEW) on International Women’s Day in 2010 with the aim to strengthen overall processes that promote allround development of women. It has the mandate to strengthen the intersector convergence; facilitate the process of coordinating all the women’s welfare and socioeconomic development programmes across ministries and departments. The Mission aims to provide a single window service for all programmes run by the Government for Women under aegis of various Central Ministries. The Mission has been named Mission Poorna Shakti, implying a vision for holistic empowerment of women. The Mission focussed on access to health, drinking water, sanitation and hygiene facilities for women, coverage of all girls especially those belonging to vulnerable groups in schools from primary to class 12th, higher and Professional education for girls, Skill development, Micro credit, vocational training, Entrepreneurship, SelfHelp
Groups development , Gender sensitization and dissemination of information and taking steps to prevent crimes against women and a safe environment for women.
National Commission for Women: The National Commission for Women was set up as
statutory body in January 1992 under the National Commission for Women Act, 1990 to review
the Constitutional and Legal safeguards for women ; recommend remedial legislative measures ;
facilitate redressal of grievances and to advise the Government on all policy matters affecting
women. The Commission initiated various steps to improve the status of women and worked for
their economic empowerment. It organises consultations, constituted expert committees on
economic empowerment of women, conducts workshops and seminars for gender awareness and
took up publicity campaign against female foeticide, violence against women, in order to generate
awareness in the society against these social evils and human rights of women.
Women constitute almost half of the population of the world. Education for women is the
best way to improve the health, nutrition and economic status of a household that constitute a
micro unit of a nation economy. The lack of woman education can be an impediment to the
country’s economic development. In India, women achieve far less education that of 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 education 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. The divergences in the literacy rates between sexes indicate the
difference in the growth rate of literacy levels between males and females over a period of time.
Another area of concern is to reduce the gap between the rural and urban female literacy. Though
there has been a steady upward trend in both the rural and urban female literacy rates, it is
observed that the rural female literacy is increasing much faster than that of urban.

In economics we often talk of discrimination which means denial of equality and human rights to women and the freedom to make decisions which affects their lives and results in widening disparities in the human capabilities and functionings associated between man and woman. The add 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. This issue, though, is receiving increasing academic and policy attention in the recent years, there is still a dearth of research in this area, particularly quantitative and empirical research. Until recently, it was assumed that development was gender neutral – that both men and women could benefit equally from development, and that the benefits of developmental interventions spread evenly across society. The historical legacy of gender inequality existed in all societies across the world implies that there is no “level playing field”. Gender inequalities can also have instrumental impacts through creating constraints in the achievement of a number of development goals. For example, studies have shown that gender inequality in education and access to resources may hamper the process of reduction of child mortality and lowering of fertility, which in turn impacts the expansion of education for the next generation. Gender inequality also has a negative impact on economic growth. There is now overwhelming evidence that countries that adopt specific measures to protect women’s rights and increase their access to resources and schooling have less corruption and achieve faster economic growth than countries that do not.
There is a need for political empowerment of women Globally, women hold slightly
less than 20 per cent of seats in Parliament. In AsiaPacific region, just over 18 per cent of all members of national Parliaments are women. India is far below these countries with 11 per cent
women in the Lok Sabha. With 60 women members of Parliament out of 545 (11 per cent),
nationally, India’s Lower House ranks only 105th worldwide in this context. With 37 per cent of
members at rural and district bodies, India has achieved a better gender balance at subnational
level. Not less than onethird of the total number of seats to be filled by direct election in every
Panchayat to be reserved for women and such seats to be allotted by rotation to different
constituencies in a Panchayat (Article 243 D(3)), Not less than one third of the total number of
offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4)), Not less than onethird of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3)) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4)). The 73rd and 74th Constitution Amendments provided reservations for women. The Bill for providing 33 percent reservation for women in legislatures is not yet enacted.
Media and Women
MAG Study (1994) revealed that there are now more women in the media workforce than they were twenty years ago. The decision making in these organizations remain overwhelmingly the domain of man. Senior decision makers with a gender sensitive perspective can use their persuasive power to empower others and change the image and status of women in print and electronic media organizations. As far as print media is concerned, late seventies and eighties in India witnessed the emergence of lot of women journalists. The choice of many educated women to take to this profession which was till recently considered a bastion of men is a sign of women of India joining the main stream decision making process in an important way. The last twenty years of print media is a story of women's participation in an area that focuses on the national agenda of great public interest. Communication researchers should take up studies on women's employment in various mass media. This may provide guidelines for bringing gender equality in the employment in mass media. It is true that women are lagging behind men in the media work force. At the same time, it is also a fact that there has been progress in this regard. There is more number of women employed now in media organizations and Government media of radio and Doordarshan in senior positions. Once they acquire positions of power in the media workforce, the task of improving women's images in media will become easier. There is a need for projecting
the positive image of women in film media.
Awards
Government of India instituted five national awards which are to be called 'Stree Shakti
Puraskar for recognition of achievements of individual women in the field of social development.
These awards will be in the name of the eminent women personalities in the Indian history, who
are famous for their personal courage and integrity like Devi Ahilya Bai Holkar, Kanngi, Mata
Jijabai, Rani Gaidenlou Zeliang and Rani Lakshmi Bai. The award will carry a cash prize of
Rupees one lakh and a citation. These awards will be given to women who have triumphed over
difficult circumstances and have fought for and established the rights of women in various fields.
Also, women achievers who have worked in the areas of education, health, agriculture and rural
industry, protection of forests and environment and those who have created awareness and
consciousness on women's issues through arts and media would be recognized and awarded by
the Government.
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Protection of Human Rights of Women

            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.

Legal Provisions Concerning Sexual Violence against Women and Children in India

Introduction:
On 14th November, 2012, a new law was enacted, the Protection of Children from Sexual Offences
(POCSO) Act, which brought in major changes in the law related to sexual violence, as far as children below 18 years are concerned.
The aims and objectives of this Act were:
 To secure a child’s right to safety, security and protection from sexual abuse.
 To protect children from inducement or coercion to sexual activity
 To prevent exploitative use of children in prostitution and generation of pornographic material.
 To provide a comprehensive legislation to safeguard the interest of a child at every stage reporting,
recording of evidence, investigation and trial of offences.
 To provide for establishment of special courts for sensitive and speedy trial
It made the law gender neutral and brought within its purview sexual assault of both girls and boys
below the age of 18 years. It also widened the definition of sexual violence beyond the conventional
penovaginal penetration to include crimes which did not amount to rape under the IPC. It also
prescribed stringent punishment and many procedural safety measures to protect the child during
investigation and trial.
But this statute received hardly any media attention and the police continued to use the existing IPC
sections in most cases of sexual assault on children. Things began to change only by January, 2013,
when, after the gruesome gang rape and murder of a 23 year old paramedic
in Delhi, there were widespread protests and international attention was drawn to the issue of sexual violence against women in India and the question whether we have adequate and stringent laws in place to address the issue became the point of debate in the media. In response, the government set up a committee headed by late Justice J.S. Verma to make recommendations for formulating a new law to deal with sexual violence. As per these recommendations a draft Bill was submitted to the Parliament, and without much delay, on 3rd April, 2013, the Amended law came into effect which changed the relevant sections in the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC) and the Indian Evidence Act (IEA). With these changes the definition of sexual violence and the procedural aspects to provide safety to women and children are more or less, similar.
The same are provided here below in a tabular form for easy reference.
Important provisions under the POCSO Act, 2012
Victim under the Act: Any person, both male and female, below the age of 18 years.
Accused under the Act: Any person, both male and female, adult or child.
Note: As far as the offence of sexual violence against children is concerned, the law is gender neutral.
Also note that the POCSO Act does not use the word “rape” and uses instead the word “sexual
assault”. The definition is very wide and includes a range of offences including nonpenetrative
sexual abuse and also oral and anal sex and insertion of objects into the vagina, anus or other body orifices. If grave harm is caused to the victim or if the offence is committed by a person in authority, the offence is termed as “aggravated” offence.
The present law for sexual violence upon women and children provides for several safety measures for protecting the victim / survivor right from the time of lodging the FIR till the end of the trial. Some of them are summarized below.
While Lodging the First Information Report (FIR) at the police station:
A victim need not come to the police station to lodge the FIR. The same can be given to the police by
a relative or a friend who will be the complainant.
The FIR shall be recorded in writing and shall be read over to the complainant and a copy of the same
shall be provided free of cost to the complainant.
Failure to record an FIR is a cognizable offence.
While recording the statement of the victim:
After the FIR is lodged, the police will record a detailed statement of the victim regarding the crime.
The same shall be recorded in a simple language
The police shall not reveal the identity of the victim to the media or to the public.
A woman or a child shall not be detained in a police station overnight.
If the victim needs a translator the same shall be provided.
Within 24 hours of receiving information the victim shall be taken to the nearest hospital for medical
examination and care
If the victim has any other special needs, the same shall be met.
If the victim is a child,
 The statement shall be recorded at a place where the child resides or where the child feels
comfortable.
 The officer recording the statement shall not be below the rank of sub inspector and should
preferably be a woman officer.
 The police officer shall not be in uniform.
 The child shall not come in contact in any way with the accused
 A person who the child trusts shall be present
 For mentally or physically (temporary or permanent) disabled child, a special educator / expert may be called
 If possible, the statement of the child may be recorded using audiovideo
electronic
 If required, the police shall take the child to the nearest shelter home for emergency shelter and
produce the child before the Child Welfare Committee (CWC)
 The Police shall report all cases of child sexual offences to the Child Welfare Committee and
Special Court within 24 hours
Medical and Forensic Examination:
A person who the victim trusts shall be present at the time of medical examination
A female victim shall be examined only by a lady doctor
The police shall ensure the samples collected from the hospital are sent to the forensic laboratory at
the earliest
The medical practitioner shall treat the child for cuts, bruises, bodily and genital injuries, exposure to
STDs & HIV. S/he shall discuss possible pregnancy and emergency contraceptives with the child or
the person who the child trusts. Rule 5 (4)
The victim may be referred for mental, psychological or other counselling.
Non treatment of a victim by a Hospital is an offence punishable with imprisonment for a term which
may extend to one year or fine or both under S. 166B Cr. P C
The medical and forensic examination shall be conducted as per the Central guidelines or the
guidelines issued by the respective state.
Scheme for Financial Support and to provide support to overcome and physical and mental
trauma caused by the incident:
Many states have introduced schemes for either compensation or financial support to the victim. There are different models for the same.
The Maharashtra state has introduced the Manodhairya Scheme for victims of rape and acid attacks,
where the compensation has to be paid within a few weeks of lodging the FIR.
Legal assistance during the trial is also provided as per this scheme.
During the Trial:
The POCSO Act provides for setting up of special child friendly courts to conduct the trial.
Many states have also set up special courts for all cases of sexual assault concerning women and
children.
All trials concerning sexual assault will be conducted in camera.
The victim shall be allowed to have a support person inside the court during the examination and cross examination.
Questions regarding the past sexual history of the victim or child, or any other humiliating questions
which cause the victim trauma shall not be asked during cross examination.
If the child I below 7 years, there cannot be direct cross examination. The lawyer would have to give
the questions in writing to the judge and the judge shall explain the same to the child.
Conclusions:
If all the protective measures are stringently followed, the investigations and trial will not be a
harrowing experience for the victim and this will in turn provide for maintaining the dignity of the
victim, which in turn will improve conviction rates in the country.
*Ms. Audrey D’mello is Program Director, Majlis Legal Centre.
Majlis Legal Centre provides socio legal support to victims of domestic and sexual violence in
Maharashtra. The Centre has collaboration with the Department of Women and Child Development,
Government of Maharashtra for effective implementation of laws with regard to crimes against Women.
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