POSTED BY BHAWNA BHARDWAJ

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This article is written by Ishan Arun Mudbidri from Marathwada Mitra
Mandal’s Shankarrao Chavan Law College, Pune. This article talks about
women’s empowerment in India.
Table of Contents
 Introduction
 History of women empowerment in India
o Constitutional provisions
 Legal framework for the protection of women in India
o The Indian Penal Code
o Special laws
 The Equal Remuneration Act, 1976
 The Dowry Prohibition Act, 1961
 The Special Marriage Act, 1954
 The Medical Termination of Pregnancy Act, 1971
 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
 World policies on women empowerment
o Convention on the Elimination of All Forms of Discrimination against Women
o United Nations principles on women empowerment
 Indian policies and schemes on women empowerment
o National Policy for Women Empowerment
o The National Commission for Women
o Beti Bachao, Beti Padhao
o Support to Training and Employment Programme for Women (STEP)
o Ujjwala Scheme
 Case laws where rights of women reigned supreme
o Vineeta Sharma v. Rakesh Sharma (2020)
o Shayara Bano v. Union of India (2017)
o The Secretary, Ministry of Defence v. Babita Puniya (2020)
o Mackinnon Mackenzie v. Audrey D’costa (1987)
 A few suggestions
 Conclusion
 References

2. Introduction
“No struggle can ever succeed without women participation side by side with
men. There are two powers in the world. One is the sword, one is the pen.
There is a third power, stronger than both, that of women”. – Malala
Yousafzai
For the overall growth of any country, the f-word is very important. And by
the f-word I mean feminism. As mentioned in the above quote, with the
participation of men and women together, any problem can be easily solved.
Indian women have been treated differently since ancient India. Today,
however, the times are changing, and this article throws some light on how
Indian women are overcoming all the odds and emerging supreme.
History of women empowerment in India
Around 50% of the Indian population is women. Still, India has a
disproportionate sex ratio. This is because women are still treated differently
as compared to men, in different parts of the country. This problem has been
seen from ancient India, where women were worshipped as goddesses and at
the same time treated as slaves. In the Mahabharata, the wife of the
Pandavas, Draupadi had to face all forms of inequality. This shows that
women were treated lower than men. The ideal mindset of the society was to
make the girl-child marry at a very young age. However, this state of affairs
was weird and different as, on one hand, the daughters had the right to
choose their husbands and on the other, they had to perform the practice of
Sati. The British era brought various changes and improvements in this
context as, in the West, women were treated equally and on par with men.

3. In 1848, Savitribai Phule became the first woman educator in India. This
gave women the courage that they can get out of the clutches of various
forms. With the freedom struggle going on, women’s empowerment was the
most important agenda for various social reformers and freedom fighters.
Various social reformers like Raja Ram Mohan Roy, Iswar Chandra
Vidyasagar, and even Mahatma Gandhi promoted women’s education,
various other social norms like the abolition of sati, and banning child
marriages, etc. This national uprising led to various reforms like the Abolition
of the Sati Act 1829, the Hindu Widow Remarriage Act, 1856, The Child
Restraint Act, 1929, The Women’s Right to Property Act, 1937, etc. The
position of women in society started getting better after independence. The
Hindu Marriage Act, 1955, The Hindu Adoption and Maintenance Act,
1961, and The Dowry Prohibition Act, 1961, etc. were reforms that were
implemented to save women from all forms of social injustice.
Constitutional provisions
Due to the injustices faced by women in Indian society, they were unaware
of what Independence, freedom is. The Constitution of India changed things.
The Constitution guaranteed equality and justice in all spheres of life. It
granted equality to women and ensured that the State implemented various
schemes for their benefit. Some of the various provisions that guarantee
gender equality are:
 Article 14 of the Constitution states that every person is equal
before the law and has equal protection of the laws.
 Article 15 prohibits discrimination of any citizen on the grounds of
religion, race, gender, customs, caste, etc.
 Article 16 provides equal opportunity to every citizen, in the context
of employment to any office.
 Article 39A directs the States to promote justice on the basis of
equal opportunity and to provide free legal aid for securing justice to
every citizen.
 Article 42 directs the States to make provisions for just and humane
conditions of work and maternity relief.
 Article 51A states that it is the duty of every citizen to renounce
practices that are derogatory to the dignity of women.
Legal framework for the protection of
women in India
In India, the laws related to women are classified into two categories, which
are:

4. The Indian Penal Code
Under the Indian Penal Code 1860, the following crimes against women are
identified:
 Rape (Section 376);
 Sexual harassment (Section 509);
 Torture (Section 498A);
 Dowry, dowry deaths (Section 302, Section 304B);
 Molestation (Section 354).
Special laws
Various legal provisions in India, ensure the protection and safety of women
and their rights. Some of them are:
The Equal Remuneration Act, 1976
This Act was established to ensure that men and women both, get equal pay
and wages for the work done and that there is no discrimination on grounds
of sex, in the matters of employment.
The Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961 was established, to stop the practice of
paying or accepting dowry as a consideration for marriage.
The Special Marriage Act, 1954
The Special Marriage Act came into force in 1954. This Act was established to
provide a special form of marriage, irrespective of the faith or religion they
believe in.
The Medical Termination of Pregnancy Act, 1971
This Act was enacted to prohibit the practice of illegal abortions. This Act
mentions the provisions by which a pregnancy can be terminated or aborted.

5. The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
This Act was enacted to ensure that women are protected in their place of
work. In the case of Vishaka v State of Rajasthan (1997), the Court laid
down certain principles known as ‘The Vishaka Guidelines’. These principles
were later converted into The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
World policies on women empowerment
Convention on the Elimination of All Forms of
Discrimination against Women
The Convention on the Elimination of All Forms of Discrimination against
Women was adopted in 1979 by the United Nations General Assembly and
came into force in 1993. This convention is termed an international bill of
rights for women and their empowerment. It sets out the conditions and
provisions for discrimination against women. This convention has 30 articles
and it lays down the various measures, which all States accepting the
convention must follow. These measures include:
 To follow the equality between men and women, abolish all
discriminatory frameworks enacted in the country, and implement
laws that prohibit discrimination against women.
 To set up courts, tribunals, and other organizations which make
sure that women get adequate protection against any form of
discrimination.
 To end all acts of discrimination going on against women.
The countries which have accepted this convention, become legally bound by
its provisions. India has also accepted this convention.
United Nations principles on women
empowerment
Established in 2010, the United Nations Women’s Principles, help people
understand how to empower women in every sphere of life. The principles
are as follows:

6.  Incorporate a high-level leadership to help maintain gender equality,
 To treat all women and men equally, and not discriminate.
 To maintain equality in giving employment to both men and women,
promote education, provide professional training for the
development of women.
 To ensure the health and well-being of women.
 To promote equality by implementing various initiatives.
 To prepare a report on the progress of achieving gender equality.
Indian policies and schemes on women
empowerment
In India, the empowerment of women and their rights has become a central
issue. Post-independence, the government has enacted various commissions
and policies for the upliftment of women. Some of those policies are:
National Policy for Women Empowerment
The main objective of the National Policy for the Empowerment of Women,
2001, is the upliftment and well-being of Indian women. Some of the other
principles of this policy are:
 To create an environment where women realize their full potential.
 To provide equal participation and opportunities to women, and also
provide them with decision-making powers.
 To give equal access to health services, quality education and
training, equal pay and remuneration, all the necessary guidance
required.
 To incorporate effective courts and legal systems, to protect women
against discrimination.
The National Commission for Women
The National Commission for Women was set up in 1992. It was
implemented to protect the legal rights of women. The main objectives of the
commission were:

7.  To keep a check on the legal protections that are available to
women.
 To recommend legal measures.
 To solve the grievances and issues of women.
 To help the government in implementing various policies for women.
The commission consists of the Chairman, five members nominated by the
Central Government, including one member from the Scheduled Castes and
Scheduled Tribes, and a member-secretary.
Beti Bachao, Beti Padhao
The Beti Bachao, Beti Padhao Scheme was launched recently in 2015 and has
emerged as one of the important policies for women empowerment. This
campaign aims to prohibit female foeticide. Other objectives of this scheme
include education and protection of the girl child, creating awareness among
the weaker sections of society, eliminate gender-biased sex. The scheme
mainly targets the regions of Uttarakhand, Haryana, Delhi, Uttar Pradesh,
and Bihar.
Support to Training and Employment Programme
for Women (STEP)
The Support to Training and Employment Programme for Women came into
force in 1986. This scheme was established to provide employment
opportunities for women, and also the skill and training needed to become
self-employed. Other objectives of this scheme include:
 To provide training to develop various skills, for 5 years.
 Helping various women groups to set up employment programmes
of their own.
 Providing access to health care, literacy, legal knowledge, etc.
The various sectors covered by this scheme are agriculture, animal
husbandry, handicrafts, sericulture, fisheries, handlooms, etc. It also includes
other skills like learning English, hospitality, travel, and tourism, etc.
Ujjwala Scheme
This Scheme aims to prohibit the human trafficking of women and children. It
was launched in 2007. This Scheme was implemented by the Ministry of
Women and Child Welfare Development. Some of its objectives include:

8.  Preventing trafficking and sexual exploitation of women and
children.
 Rescuing victims and taking care of them.
 Providing rehabilitation services and other amenities like food,
shelter, clothing, medical services, etc.