Rights of Women

The ’70s was the D-time which finally witnessed feminist

campaigns in India. It finally saw the origin of seeking
reformation of their long lost human dignity by knocking the
legal doors. Though the movement didn’t gain much
cognizance or came under public scrutiny, the shocking
incidents that happened across the country paved the way for
the people to realize the heinous atrocities that were faced by
the women.

The Mathura case where the gendered language made the

victim itself the culprit, the gravity of sexual violence during the
Gujrat riots, the Rupan Deol Baja case where a ‘seemingly’
small incident made the national media protect the culprit are
some of the cases which are hard to forget and has till now
served as a reminder that sexual violence can occur anywhere
and the definition of a victim can be changed through so
‘moral’ or ‘contrary to human behavior’ and ultimately who ‘is
not worthy’ to get arrested gets easily mended on what suits
the majoritarian’s conscious.

Patriarchy has been so deeply rooted that it just not restricts

itself to grave sexual violence, but also family structures, and
many a time the courts themselves have upheld the given
status of women in society. E.g. Recently, a session court
recently granted anticipatory bail to a Mumbai couple accused
of mistreating their daughter-in-law, saying taunting by in-laws
is something that every family witnesses as part of the “wear
and tear” of married life.

It goes unsaid this judgment further propagates domestic

violence and hereby refuses to give importance to mental
health. Alongside domestic violence and sexual offense, there
exists a gender pay gap, lack of representation, and hence,
rights have what brought to some extent an ideological change
and thereby are privy in ensuring that they get ‘privileged’
enough to live life with dignity and independently. Following are
some of the essential rights which brought a positive wave of
transformation

 Right to a safe environment: Bhanwari Devi, a social

reformist, as part of her job attempted to prevent child
 marriage but that raised a question over the domination of
the bearers of patriarchy and as a result, she was gang-
raped.
The court in this infamous Vishaka case observed that the
crime was a violation of art. 14,19 and 21. Relying
on CEDAW,( The Convention on the Elimination of all
Forms of Discrimination Against Women) an international
instrument to which India is a signatory, the court laid
down the historic Vishaka Guidelines. These guidelines
were later converted verbatim into The Sexual
Harassment of Women at Workplace (Prevention,
Prohibition & Redressal) Act, 2013.

 Right to equal pay: The court in Randhir Singh v Union

of India constitutionalized article 39-d saying “that there is
equal pay for equal work for both men and women”.
 Right to bodily integrity: The apex court
through Suchita Srivastava v Chandigarh Administration
brought in a new sphere to Article 21 of the constitution as
it introduced the right to make reproductive choices on
whether the woman wants to go ahead with her
pregnancy or abort her fetus.
 Right to the custody of minors: Through the supreme
court judgment in Roxann Sharma Vs Arun Sharma, the
court helped in establishing the notion that the mother is a
natural guardian and brought an end to the bitter legal
issues faced in getting custody of their children.
 Right to marry or live with anyone of choice: The
court through its landmark judgment in Lata Singh vs
State of Uttar Pradesh finally brought an end to the
question of so “honor killing” over inter-caste/ inter-
religion marriage and validated a woman’s personal
freedom to choose who she wants to marry or live with.
 Property right: The apex court, in its 121-page judgment
in Vineeta Sharma v Rakesh Sharma, overturned its prior
judgment and held that daughters and sons have equal
coparcenary rights in a Hindu undivided family and marital
status of daughters in the future shall not affect its
viability.
 Right to a reservation in Panchayat: Representation
becomes vital for making demands heard especially when
there has been a history of suppression and the others
 deciding what’s good for the other rather than asking
them, Article 40 of the constitution quite rightfully
reserves one-third of seats for women in the panchayat.
Rights of children

Human beings are granted rights by society not only as citizens

of a state but because they are human, however, women’s
rights are often violated not only in the political field but also in
day-to-day life, in the family, in households and in the public
domain. Women have always been a part of literature
throughout the ages. Unfortunately, they have often depicted
as a weaker, inferior, could not survive on their own and could
not do their work by themselves.

United Nation in its Millennium Summit in 2000 declared

‘Gender Equality and Women Empowerment’ as one among the
eight ‘Millennium Development Goal’ to be achieved by the
year 2015. However, these goals are far from being realized in
a country like India. Infact often women in India are deprived of
their fundamental right to dignity also, leave alone the question
of gender parity. India has a patriarchal society where male
dominates and always are treated as superior in compared to
their female counterparts, that is why the condition of Indian
women is not as good as men’s.

They have been facing discrimination, injustice and dishonour

based on gender in every walk of life. However, Indian
Constitution provides some special provisions to women only
for their empowerment and overall development, even then the
condition of women in India is quite miserable, because
majority of Indian women remain unaware about their rights
because of this; they have to face discrimination, harassment
and exploitation in various forms.

The legislature and policy framers of India have made multiple

laws, rules and regulations ensuring rights of women but
proving ineffective because all are limited in form of ‘Act’
instead of ‘Action’, that is the reason why Indian women are
mistreated, being harassed physically and mentally. Anyhow
this research attempt to analyze the importance of women
rights with various Human Rights regarding women in India.
INTRODUCTION

“There is no chance for the welfare of the world unless

the condition of women is improved. It is not possible
for a bird to fly on only one wing.”

~Swami Vivekananda

India is one of the world’s oldest civilizations. In ancient India

during rig vedic period, women were given a high status in
society. It was the time when they were married at a matured
age, given the opportunity to participate in religious
ceremonies and provided freedom in choice of husbands.
[2] with the passage of time, the status of women fallen
gradually and they had to face discrimination in later vedic
period.[3] on analysing smritis, diminished condition of women
can be traced. However, smritis also create a lot of confusion in
terms of various theories and ideas in contrast to the vedic
literature, for instance, manu smiriti regards women the most
respectable while quoting, ‘naryastu yatra pujyante, ramante
tatra devta’ (where women are honoured, there very gods are
pleased).

In the contemporary world voice of women is increasingly being

heard in the streets, in the courts and in Parliament. Yet issues
concerning women are not given priority in society. While
women in the west fought for a century to get back basic rights
as that of right to vote, women in India were at an advantage
where the constitution of India has granted equal rights to the
men and women. The State shall not deny to any person
equality before law or the equal protection of laws within the
territory of India, and State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex and place of
birth or any of them. But today, it seems that there is a wide
gulf between theory and practice.

The women in India have always been considered subordinate

to men. Though the provision contained in the Indian
Constitution mandates equality and non-discrimination on the
grounds of sex, women is always discriminated and
dishonoured. Although various efforts have been taken to
improve the status of women in India, the notion of gender
equality as under the constitution is miles away from becoming
a reality.

Still due to the revolutionary changes brought by our

constitution and efforts made by Indian women, they have
earned themselves a respectable position in the society. Now
they are treated equally with men. Today women are
everywhere and to be precise women are in space, women are
incorporate, women are in politics, women are in entertainment
field, women are in defense field and the list goes on.

There is a need to discuss the rights of the women separately

as women represent almost half of the population of India, yet
they are discriminated, and their rights are violated in every
walk of life. There are some crimes which are committed only
against women such as rape, sexual assault, demand of dowry,
bride burning, prostitution, selling and importation, sexual
exploitation, etc., No man can be victim of any of these crimes.
Now, an important question arises as to how this Human Rights
shield provided to women under constitutional provisions and
various legislations, is beneficial to them? No doubt, the
government is continuously working for women empowerment
in India, but it needs a lot of things yet to be done.

STATEMENT OF THE PROBLEM

Indian women have been crucial victims of various social,

economic and political disabilities, economic dependence,
patriarchal form of family, ideal of daughter noble marriages,
child marriages, joint family system, illiteracy, etc. and have
been victims of various types of violence within the family and
outside on the streets and offices. But they need to be
protected by laws of the state as they exist as human being
which poses with basic human rights. Hence to define one own
freedom they should also know how to exercise the law with
having knowledge of women human rights under various legal
provision in India where Indian Constitution play major in all.
RESEARCH HYPOTHESIS AND OBJECTIVES

The research hypothesis of this research paper is based on the

question of whether India has sufficient legal provisions to
protect women’s basic human rights which are given to them in
the form of legal rights under various laws and fundamental
rights by the Indian constitution. An attempt has been made to
find an answer by analysing relevant laws and collected data.
Although under the framework of Indian constitution various
special rights have been given to woman as compared to men
yet in reality those are insufficient and least beneficial to
women. This paper studies critical analysis of the various
human rights given to women in India.

RESEARCH METHODOLOGY

For writing this research paper, the descriptive method of

research has been employed and the data collected and
interpreted for this research paper is secondary. The women’s
human rights in India are the core of this paper and it further
discuss how all such human rights given to the women in the
form of constitutional fundamental rights are being violated. By
focussing on the various crimes are committed against them,
an attempt has been made to draw attention towards this
problem.

WOMEN RIGHS AS HUMAN RIGHT

Human rights can be defined as the minimum equal and

inalienable rights compulsorily obtainable by every human for
being a member of global human community regardless of
gender, ethnicity, language, race, religion, nationality or any
other ground. These rights are universal which include right to
life, right to equality, right to live with human dignity, right to
freedom of speech and expression, right against discrimination,
and right to safe environment. These all-human rights are
recognised by the world community in 1948 under the universal
declaration of human rights to which India is a signatory.

The slogan ‘women’s rights are human rights’ was first used at
the un world conference on human rights in Vienna in 1993
though the slogan “human rights are women’s rights and
women’s rights are human rights” may at first appear to be
trite, or at best truism, a closer and more scrutiny will show the
serious undertones underlying this slogan. It signifies, firstly,
that women as a class have been denied fundamental human
rights for centuries and have been subject to worst forms of
bigotry, discrimination and exploitation.

On the other hand, it means that a real support of human rights

is not possible unless the exponent also vows to support and
uphold rights which are available only to women like, equality
with men, maternal health and sexual and reproductive rights,
freedom from gender-based violence, opportunities to access to
a safe, high-quality education. Put simply, republic around the
world cannot ignore women rights and at the same time
espouse human rights. Women rights are human rights
available to women as a part and parcel of humanity coupled
with gender specific rights, they should have because of being
women.

India is also a signatory to the international covenant on

economic, social and cultural rights, 1966 and U. N. Convention
on the elimination of all forms of discrimination against women,
1979. These all U. N. Conventions promote philosophy of
human rights and support the idea of equality among all human
without any discrimination.

WOMEN’S HUMAN RIGHTS IN INDIA

The constitution of India, which was adopted in 1949, contains

several articles incorporating the concept of equality and non-
discrimination on the ground of sex. The constitution
recognises human rights in form of various fundamental rights
and guarantees equal rights to both men and women without
any discrimination. In 1993 the parliament of India also enacted
protection of human rights act. Under the provisions of the act,
the national human rights commission was established. In case
of any violation of human rights, aggrieved women can send
their complaints to national human rights commission.

At present time, the status of Indian women has undergone

considerable changes with the expansion of level of literacy
which has made them far more independent and aware of their
rights such as right to equal treatment, right to property right
to work, and maintenance, a majority of women still remain
unaware about their rights and as a result of this, they have to
face harassment, exploitation and injustice. After the Nirbhaya
case[11] in 2012, certain amendments have been made in
Indian penal code, the code of criminal procedure, and the
Indian evidence act for ensuring protection to women and to
safeguard their interests.

Moreover, a number of women oriented specific legislations

have also been enacted to protect women’s basic human
rights. Such laws prescribe punishments for those who violate
the acceptable norms of human behaviour and cross the legal
boundaries to attack the women or their dignity. The provisions
of these laws give the following human rights in the form of
legal rights to women.

SOURCES OF WOMEN’S HUMAN RIGHTS IN INDIA

WOMEN’S HUMAN RIGHTS UNDER CONSTITUTIONAL

The Indian constitution is the supreme law and backbone of

India; all other laws get authority from the provisions of the
constitution. ‘Indian constitution secures for all its citizens
“justice” – social, economic and political, “liberty” – of
thoughts, expression, belief, faith and worship, “equality” – of
status and of opportunity………and dignity of the individual and
the integrity of the nation.’ with such wordings, the preamble of
the Indian constitution ensures the basic human rights of all
men as well as women. The constitution of India is known for its
idea of equality among men and women. However, a special
protection has also been provided to women under the
provisions of the constitution from the perspective of human
rights of women.

1. Right to equality under article 14: Article 1 of UDHR

declares that all human beings are born free and equal
in dignity and rights and article 7 of UDHR provides for
equality before law. Under the constitutional framework
of India, the status of women is equal to men in the eyes
of law because the state cannot deny to any person
 equality before the law or the equal protection of laws
within the territory of India.
2. Right against discrimination: Article 2 of UDHR
assures all the rights and freedoms without any
discrimination. Article 7 also talks about equal protection
against discrimination. Under article 15 of constitution of
India, Indian citizens can also not be discriminated on
the basis of their sex by any government authority
because the state cannot discriminate against any
citizen on ground only of religion, race, caste, sex, and
place of birth or any of them.

Furthermore, no citizen shall, on grounds only of religion, race,

caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to: (a)
assess to shops, public restriction, hotels and places public
entertainment or (b) the use of wells, tanks, bathing ghats,
roads and places of public resort maintain wholly or partly out
of state funds or dedicated to the use of the general
public however, state can make special provisions for women
under clause (3) of the article as exceptions to the principles of
non-discrimination.

3. Right to equal opportunity in public

employment: Women are able to get equal opportunity
pertaining to public employment because there is
equality of opportunity for all citizens, whether males or
females, in matters relating to employment or
appointment to any office under state and no citizen
can, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be
ineligible for or discriminated against in respect of any
employment or office under the state. However,
government has authority to make rules for reservation.
4. Right to freedom of speech and
expression: Everyone has right to freedom of opinion
and expression under article 19 of UDHR. Women can
raise their voice for any matter affecting them by using
their right under article 19 (1) (a) of Indian constitution
which guarantees freedom of speech and expression to
all citizens.
5. Right to work: UDHR in its article 23(1) confirms right
to work, to free choice of employment, to just and
 favourable conditions of work and to protection against
unemployment to everyone. Recognising such right in its
structure Indian constitution through article 19 (1) (g)
provides the right to work to Indian women by ensuring
freedom to all citizens for occupation, profession and
business. Even the sexual harassment of women at
workplace (prevention, prohibition and redressal) act,
2013 was passed after the case of Vishaka and ors. V
state of Rajasthan[17] to make women work freely and
comfortable.
6. Right to life and personal liberty: Right to life, liberty
and security of person has been recognised under article
3 of UDHR. Article 21 of Indian constitution also provides
right to live to all women and men as per their own
choice by constitutional guarantee that no person shall
be deprived of his/her life or personal liberty except
according to procedure established by law.
7. Right against exploitation: Article 5 of UDHR protects
against torture or cruel, inhuman or degrading
treatment. Indian constitution under article 23 protects
against human trafficking and bonded labour, which
works as a shield for women’s safety and ensures their
right to work. For implementing the idea of this article,
Indian parliament enacted the suppression of immoral
trafficking in women and girls act, 1956 which was
renamed as the immoral trafficking (prevention) act,
1956. Constitutional scheme of directive principles of
state policy directs the state to secure the idea of
women’s right in the society. These are the relevant
articles in this regard.
8. Right to livelihood: Article 39 (a) provides that the
citizen, whether men or women, equally have the right
to an adequate means to livelihood. Same right has been
recognised under article 23(3) of UDHR which says that
everyone who works has the right to just and favourable
remuneration.
9. Equal pay for equal work: Under article 39 (d), Indian
constitution ensures that the state shall, particular;
direct its policy towards securing that there is equal pay
for equal work for not only men but also women. UDHR
under article 23(2) also provides such right.
 10. Right to health: Through article 39 (e), constitution
of India guarantees that the state shall direct its policy
towards securing that the health and strength of
workers, men as well as women and the tender age of
children are not abused and none of them are not forced
by economic necessity to enter avocations unsuited to
their age or strength. Article 25(1) of UDHR also provides
right to a standard of living adequate for health and well-
being.
11. Equal justice and free legal aid: Under article
39(a) of the constitution aids those who are unable to
afford legal expenses of lawyers. So, the state shall
secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall provide
free legal aid, by suitable legislation or schemes 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.
12. Just and human conditions of work and
maternity relief: Article 42 of the constitution directs
that the state shall make provision for securing just and
human conditions of work and for maternity relief.
13. Right of constitutional remedies: In case of the
violation of any of these fundamental rights, the
aggrieved woman can move supreme court and high
court and file writ petition under article 32 and article
226 for seeking remedy but there is no such mechanism
available in case of directive principles of state policy,
which are not enforceable by any court under writ
jurisdiction. The state is under duty to implement such
principles through its policy. Hence, directive principles
of state policy impose a moral obligation on the state for
their implementation.

WOMEN’S HUMAN RIGHTS PROTECTED UNDER VARIOUS

LEGISLATIONS

To uphold the Constitutional mandate, the State has enacted

various legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence and
atrocities and to provide support services especially to working
women. Although women may be victims of any of the crimes
such as ‘Murder’, ‘Robbery’, ‘Cheating’ etc, the crimes, which
are directed specifically against women, are characterized as
‘Crime against Women’ These are broadly classified under two
categories.

(1) The Crimes Identified Under the Indian Penal Code

(IPC)

 Rape (Sec. 376 IPC)

 Kidnapping & Abduction for different purposes ( Sec. 363-
373)
 Homicide for Dowry, Dowry Deaths or their attempts (Sec.
302/304-B IPC)
 Torture, both mental and physical (Sec. 498-A IPC)
 Molestation (Sec. 354 IPC)
 Sexual Harassment (Sec. 509 IPC)
 Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law
affecting women significantly have been reviewed periodically
and amendments carried out to keep pace with the emerging
requirements. Some acts which have special provisions to
safeguard women and their interests are:

 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
 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,
2000

WOMEN’S HUMAN RIGHTS PROTECTED UNDER CONSTUTION

AND VARIOUS LEGISLATIONS TOGETHER

Various legislations led together with constitution in India which

recognised women’s human rights in form of their legal rights
and provide protection to them. These laws are very important
in order to ensure the overall empowerment of women.

1. Right to live with Dignity: Under article 51 (A) (e), it is a

fundamental duty of every citizen of India to renounce the
practices derogatory to the dignity of women. Article 21 also
confirms that every person has a right to live dignity full life.
So, the women also have such right under which they can
oppose the practices which are against their self-respect. As
per legal provisions,

No woman can be presented indecently in any publications,

paintings, writings, and advertisement or in any other way, if it
is done so, it will be an offence under the provisions of Indecent
Representation of Women (Prohibition) Act, 1986. If any person
pulls Dupatta, Sari or any piece of their dress, they can lodge a
complaint under Section 354 of Indian Penal Code, 1860. In
case of occurrence of such incident at workplace, she can move
her complaint under Sexual Harassment of Women at Work
Place (Prevention, Prohibition and Redressal) Act.

In rape cases, First Information Report can be lodged under

Section 376 in which the name and the identity of the victim
woman will be kept under secrecy and not to be disclosed
because the disclosure of the identity of such aggrieved women
is itself an offence under section 228-A of Indian Penal Code,
1860 punishable with imprisonment up to 2 years and fine.

2. Right to Use Earnings: Women have the right to use the

money as per their wish which they earn. In past centuries,
women had the right only on the property called “Stridhan” but
the enactment of Married Women’s Right on Property Act,
1834, extended the definition of women’s personal property
which includes:
  Earning or salary from business, profession or service,
 Earning from scientific, literature or artistic skills,
 Saving from salary or capital gain, and
 Insurance policy of women.

These all properties are included in their earnings which can be

utilized by women as they wish.

3. Right to own Property: The Hindu Succession Act, 1956

conferred absolute ownership to Hindu women on the
properties possessed by her under section 14(1). The Apex
Court upheld section 14(1) of the Hindu Succession Act, 1956
in Harak Singh v. Kailash Singh and Anr. This Act enlarged
limited estate of Hindu women and also abolished the
reversionary rights to a great extent. So, Hindu women have
got full rights on properties earned or acquired by her in gift or
will.

4. Right to Private Defence: Many times, a woman finds

herself in very difficult situations that apprehend immediate
assault on her. If there is no one to save her or rescue her from
such assault, the law empowers her to defend herself in form of
‘Right to Private Defence’. Right of self-preservation existed
during ancient India and self-help was the first rule of criminal
law. At present, such right has been given to women under
sections 96, 98,100,102 and 103 of Indian penal code, 1860,
which can be practised by women in adverse situations.

5. Right against Discrimination in Employment: Article 23

(1) of UDHR provides everyone the right to work with free
choice of getting an employment in just and favourable
conditions. In India, discrimination on the grounds of sex or
marital status in any employment, whether public or private,
has now been outlawed by Sex Discrimination Act, 1975. The
act applies to all employees of public as well as private sector.
Though Sex Discrimination Act, 1975 was enacted to protect
woman from sexual discrimination, provisions of the act are
also applicable on men except provisions relating to pregnancy
which have been inserted in the act especially for women only.

Any woman or man can register complaint in case of

discrimination based on sex or marital status. The act protects
existing employees, ex-employees and job applicants as well.
Apart from this, protection of articles 14, 15 and 16 of the
Constitution is also available to women against any
discriminatory action by the state.

6. Right to get Equal Pay: Article 39(d) of the Constitution

confirms the right to get equal pay for equal work, recognised
under Article 23(2) of UDHR, and directs the state to make
policy for equal work for both men and women. The Apex Court
in ‘State of Madhya Pradesh v. Pramod Bharatiya’ held that
Directive principles of state policy are not enforceable by court
but Part IV and III of the Constitution are not supposed to be
exclusionary of each other.

In fact, they are complementary to each other. The rule (equal

pay for equal work) is as much a part of Article 14 as it of
clause (1) of Article 16. The Supreme Court in D.S. Nakara v.
Union of India held that if articles 14 & 15 interpreted with the
Preamble of the Constitution and Article 39 (d), equal pay for
equal work for everyone is expressly declared by these
provisions. The Parliament recognized right to get equal pay of
women by enacting Equal Remuneration Act, 1976 which
declares discrimination between woman and man employees
unlawful by an employer pertaining to the terms of the
employment contracts.

Thus, the purview of the act extends beyond terms and

conditions relating to pay. As per the provisions of this act,
employment contracts of all employees must have an “equality
clause”, so that no one can be treated less favourable on
gender basis. Any woman employee may bring claims under
the equal remuneration act if she is treated less favourable in
compare to man regarding any terms or conditions of her
employment contract.

7. Right to get Minimum Pay: Under Article 23(3) of UDHR,

everyone including women has the right to get just and
favourable remuneration for work which should be sufficient to
maintain herself and her family with human dignity. At
domestic level, such right has been identified under Minimum
Wages Act, 1948 which was enacted to fix minimum rates of
wages in certain categories of employments. Under the
Minimum Wages Act women, doing small jobs, have right to get
minimum payment for work done by them.
8. Right against Sexual Harassment at Work Place: For all
women, whether working in public sector, private sector,
organised industry or unorganised industry, sexual harassment
at work place is a big problem. Most of women employees
experience such problem one or more times in their career.
Some of the male counterparts think that the woman
colleagues do not have self respect and dignity; they try to
exploit them. Inappropriately touching woman colleagues
against their will; showing them any pornographic content or
literature; compelling them for any indecent favour or for
making sexual contact etc. are considered as sexual
harassment.

The Supreme Court in its historic decision in ‘Vishakha and

other v. State of Rajasthan and Others’ issued 12 guidelines
and declared them as law under Article 142 because at that
time there was no enacted law on the subject. After 16 years,
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 was enacted to empower
all women against sexual harassment at work place.

The act mandates all employers to set up internal complaint

committee for Redressal of women employees’ sexual
harassment complaints, failure to which the employer may be
fined up to Rs. 50,000/-. Apart from this, the Criminal Law
(amendment) Act, 2013 has enlarged the scope of Section 354
of IPC which, now, also includes the sexual harassment at
workplace punishable with an imprisonment 1 to 3 years and
/or fine. Any aggrieved women can file complaint under section
354 of IPC even for any unwanted touch or behaviour.

9. Right of Maternity Benefit: To perform the biological role

of childbearing every woman need to leave work for some
period in which she requires financial support not only for her
living but also to meet medical expenses. So, the law provides
maternity benefit to the working women for their survival and
to protect their health. The Maternity Benefit Act, 1961
regulates the employment of women employees in certain
establishments immediately before and after childbirth and
provides them maternity benefit and certain other benefits. The
act applies to all factories, mines, plantations whether public or
private. State government may extend its ambit to industrial,
commercial, agriculture or any other establishments. The act
prohibits woman work for 6 weeks immediately after the day of
her delivery, miscarriage or medical termination of pregnancy.

10. Right to claim Maintenance: The Code of Criminal

Procedure, 1973 under section 125 recognises woman’s right to
get maintenance from her husband. Section 18 of the Hindu
Adoption and maintenance act, 1956 also provides such right to
women from her estranged husband. By using these provisions,
women can claim maintenance even during separation. The
Supreme Court in Bhagwan Dutt v. Kamla Devi and Anr ruled
that women can claim maintenance if monthly income earned
by her is not sufficient to sustain her. The court also clarified
that the phrase “Unable to maintain herself” does not require a
woman to be absolute destitute, to entitle for maintenance.

Right to maintenance is restricted, in case of her remarriage or

conversion to another religion. In 2019, the Apex Court in Ajay
kumar v. Lata@Sharuti held that a widow woman can claim
maintenance from her brother in law under Protection of
Women from Domestic Violence Act, 2005.

SPECIAL INITIATIVES FOR WOMEN

National Commission for Women: In January 1992, the

Government set-up this statutory body with a specific mandate
to study and monitor all matters relating to the constitutional
and legal safeguards provided for women, review the existing
legislation to suggest amendments wherever necessary, etc.

Reservation for Women in Local Self -Government: The

73rd Constitutional Amendment Acts passed in 1992 by
Parliament ensure one-third of the total seats for women in all
elected offices in local bodies whether in rural areas or urban
areas.

The National Plan of Action for the Girl Child (1991-

2000): The plan of Action is to ensure survival, protection and
development of the girl child with the ultimate objective of
building up a better future for the girl child.

National Policy for the Empowerment of Women, 2001:

The Department of Women & Child Development in the Ministry
of Human Resource Development has prepared a “National
Policy for the Empowerment of Women” in the year 2001. The
goal of this policy is to bring about the advancement,
development and empowerment of women.

SUGGESTION AND CONCLUSION

Women play very important roles in our life, they make our life
complete as mother, sister, wife and daughter. They deserve
equality and respect in all the walk of life, but due to
unsupportive attitude of the society, ignorance of family and
outdated legislations are the main reasons for the violations of
women’s human right in India. In past centuries, women had
equal rights and status as males, such as right to participation
in religious ceremonies (according to Valmiki’s Ramayana,
even lord Rama needed effigy of Sita in her absence in order to
complete rituals of Ashwamegh Yagya). They also had freedom
in choice of husbands, but presently, the condition of women is
quite critical, they are the most vulnerable section of the Indian
society.

They are no ‘safer’ while roaming on roads, travelling in metro,

bus or train, watching movies in cinema halls, walking in parks,
on beaches, in her neighbourhood and even inside their own
home; they can be victim of harassment. The legislature and
policy framers of India have made multiple laws, rules and
regulations ensuring rights of women but proving ineffective
because all are limited in form of ‘Act’ instead of ‘Action’, that
is the reason why Indian women are mistreated, being
harassed physically and mentally. Incidents of violations of
women’s human rights raise some thought-provoking questions
before us. Hence it is to be note for different make over the law
should be made for better society for women.

Human rights can be defined as the minimum equal and

inalienable rights compulsorily obtainable by every human for
being a member of global human community regardless of
gender, ethnicity, language, race, religion, nationality or any
other ground. Women have to face discrimination, injustice and
dishonour based on gender in every walk of life.
Introduction:
Attaining equality between women and men and eliminating all
forms of discrimination against women are fundamental human
rights and United Nations values. The United Nations has a long
history of addressing women's human rights and much
progress has been made in securing women's rights across the
world in recent decades.

Some groups of women face additional forms of discrimination

based on their age, ethnicity, nationality, religion, health
status, marital status, education, disability and socioeconomic
status, among other grounds. These intersecting forms of
discrimination must be taken into account when developing
measures and responses to combat discrimination against
women.

Protection Of the Human Rights of Women Under International

Law
Since the founding of the United Nations, equality between men
and women has been among the most fundamental guarantees
of human rights. Adopted in 1945, the Charter of the United
Nations sets out as one of its goals "to reaffirm faith in
fundamental human rights, in the dignity and worth of the
human person, [and] in the equal rights of men and women".

Furthermore, Article 1 of the Charter stipulates that one of the

purposes of the United Nations is to promote respect for human
rights and fundamental freedoms "without distinction as to
race, sex, language or religion". This prohibition of
discrimination based on sex is repeated in its articles 13
(mandate of the General Assembly) and 55 (promotion of
universal human rights).

In 1948, the Universal Declaration of Human Rights was

adopted. It, too, proclaimed the equal entitlements of women
and men to the rights contained in it, "without distinction of any
kind, such as ... sex," In drafting the Declaration, there was
considerable discussion about the use of the term "all men"
rather than a gender-neutral term. The Declaration was
eventually adopted using the terms "all human beings" and
"everyone" in order to leave no doubt that the Universal
Declaration was intended for everyone, men and women alike.

Vienna Declaration And Programme Of Action

In 1993, the World Conference on Human Rights was held in
Vienna. It sought to review the status of the human rights
machinery in place at the time. Women's rights activists
mobilized to ensure that women's human rights were fully on
the agenda of the international community under the rallying
cry "Women's Rights are Human Rights."

Particularly around the issue of violence against women, civil

society activists organized tribunals to put the spotlight on
violations of women's rights, previously unaddressed because
they were considered part of the private sphere, taboo or
simply accepted as an inevitable part of women's lives. The
Conference was successful in adopting the Vienna Declaration
and Programme of Action, which stated that:
The human rights of women and of the girl-child are an
inalienable, integral and indivisible part of universal human
rights [2] and placed particularly heavy emphasis on
eliminating all forms of gender-based violence.

Importantly, the Programme of Action also called for:

the eradication of any conflicts which may arise between the
rights of women and the harmful effects of certain traditional or
customary practices, cultural prejudices and religious
extremism[3]

The Commission On The Status Of Women

The Commission on the Status of Women was established by
United Nations Economic and Social Council resolution 2/11 in
1946 "to prepare recommendations and reports to the [Council]
on promoting women's rights in political, economic, civil, social,
and educational fields".

The Commission is also mandated to make recommendations

to the Council on "urgent problems requiring immediate
attention in the field of women's rights". The Commission
meets once a year and issues agreed conclusions on priority
themes set for each year. The agreed conclusions include an
assessment of progress, gaps and challenges, as well as
concrete recommendations addressed to Governments,
international organizations, civil society and other stakeholders.
The Commission also adopts resolutions on a variety of
women's rights-related issues.

Throughout its history, the Commission has played a key role in

promoting women's rights, actively contributing to landmark
international legal and policy instruments, such as the
Convention on the Elimination of All Forms of Discrimination
against Women, the Declaration on the Elimination of Violence
against Women and the Beijing Declaration and Platform for
Action.

Women's Right To An Adequate Standard Of Living

The International Covenant on Economic, Social and Cultural
Rights mentions the right to adequate food, clothing and
housing, and the continuous improvement of living conditions
as part of the right to an adequate standard of living for oneself
and one's family[4]. Women's rights to land, property, food,
water and sanitation, as well as work and social security, are
intrinsically linked to the right to attain an adequate standard
of living.

All these rights are guaranteed under international human

rights law, including the right to enjoy these rights on an equal
basis with men, without discrimination. Women's access to
services, to education and to productive resources is
paramount to the realization of the above-mentioned rights.

Land, property, housing Rights to land, housing and property

are essential to women's equality and well-being. Women's
rights in, access to and control over land, housing and property
are a determining factor in their living conditions especially in
rural economies, essential to women and their children's daily
survival, economic security and physical safety. Despite the
importance of these rights for women and female-headed
households, women still disproportionally lack security of
tenure[5]

This is often because property is registered in a man's name;

the father, husband or brother. In the event of separation,
divorce or widowhood, the man or his family often retains rights
to the property or the land whereas the woman becomes
homeless or will have to share the property with her in-laws
without gaining control or rights over it.

Millennium Development Goals

In 2000, the international community agreed to eight time-
bound development goals to be achieved by 2015, including a
goal on gender equality and the empowerment of women, as
well as one on the reduction of maternal mortality. Seven of the
Goals have specific targets to measure progress. Although they
have shortcomings from a human rights perspective, the
Millennium Development Goals are an important political
commitment which has galvanized international support for
some of the world's most daunting problems.

With respect to women's rights, Millennium Development Goal

3 is to promote gender equality and empower women.
However, its corresponding target relates only to eliminating
gender disparities in education by 2015. While girls' access to
education is imperative for achieving gender equality, this
narrow target is insufficient for measuring progress on
achieving gender equality and empowering women.

Goal 3 also includes indicators on the share of women in wage

employment in the non-agricultural sector and in national
parliaments, but these do not have benchmarks or deadlines.
Critical issues such as violence against women and
discriminatory laws are not addressed. Millennium
Development Goal 5 aims to reduce the maternal mortality
ratio by three quarters, between 1990 and 2015. Unfortunately,
at the 2010 High-level Plenary Meeting of the General Assembly
on the Millennium Development Goals, it was revealed to be
the most off track of all of the Goals, despite the fact that the
knowledge and the tools are available to make pregnancy and
childbirth a safe experience for women.

In 2010, the Secretary-General launched the Global Strategy for

Women's and Children's Health, setting out key actions to
improve the health of women and children worldwide.
Integrating human rights and gender equality throughout the
Millennium Development Goals and in the post-2015
development agenda are key to achieving meaningful progress.

Women's Human Rights Under Constitutional Framework

The Indian Constitution is the supreme law of India; all other
laws get authority from the provisions of the Constitution.
'Indian constitution secures for all its citizens "Justice" - social,
economic and political, "Liberty" - of thoughts, expression,
belief, faith and worship, "Equality"- of status and of
opportunity���and dignity of the individual and the integrity
of the nation.' With such wordings, the preamble of the Indian
constitution ensures the basic human rights of all men as well
as women. However, a special protection has also been
provided to women under the provisions of the constitution
from the perspective of human rights of women.
1. Right to Equality under Article 14:

Article 1 of UDHR declares that all human beings are born

free and equal in dignity and rights and article 7 provides
for equality before law. Under the constitutional
framework of India the status of women is equal to men in
the eyes of law because the state cannot deny to any
person equality before the law or the equal protection of
laws within the territory of India.[6]

2. Right against Discrimination:

Article 2 of UDHR assures all the rights and freedoms

without any discrimination. Article 7 also talks about equal
protection against discrimination. Indian citizens can also
not be discriminated on the basis of their sex by any
government authority because the state cannot
discriminate against any citizen on ground only of religion,
race, caste, sex, and place of birth or any of them.[7]

Furthermore, No citizen shall, on grounds only of religion,

race, caste, sex, place of birth or any of them, be subject
to any disability, liability, restriction or condition with
regard to:
 a. Assess to shops, public restriction, hotels and places
public entertainment or
b. The use of wells, tanks, bathing Ghats, roads and
places of public resort maintain wholly or partly out
of state funds or dedicated to the use of the general
public.[8] However, state can make special provisions
for women under clause (3) of the article as
exceptions to the principles of non-discrimination.

3. Right to Equal opportunity in Public Employment:

Women are able to get equal opportunity pertaining to

public employment because there is equality of
opportunity for all citizens, whether males or females, in
matters relating to employment or appointment to any
office under state and No citizen can, on grounds only of
religion, race, caste, sex, descent, place of birth, residence
or any of them, be ineligible for or discriminated against in
respect of any employment or office under the state.[9]
However, government has authority to make rules for
reservation.[10]

4. Right to Freedom of Speech and Expression:

Everyone has right to freedom of opinion and expression

under article 19 of UDHR. Women can raise their voice for
any matter affecting them by using their right under
Article 19 (1) (a) of Indian Constitution which guarantees
freedom of speech and expression to all citizens.

5. Right to work:

UDHR in its article 23(1) confirms right to work, to free

choice of employment, to just and favourable conditions of
work and to protection against unemployment to
everyone. Recognising such right in its structure Indian
Constitution through article 19 (1) (g) provides the right to
work to Indian women by ensuring freedom to all citizens
for occupation, profession and business.
6. Right to Life and Personal Liberty:

Right to life, liberty and security of person has been

recognised under article 3 of UDHR. Article 21 of Indian
Constitution also provides right to live to all women and
men as per their own choice by constitutional guarantee
that no person shall be deprived of his/her life or personal
liberty except according to procedure established by law.

7. Right against Exploitation:

Article 5 of UDHR protects against torture or cruel,

inhuman or degrading treatment. Indian Constitution
under article 23 protects against human trafficking and
bonded labour, which works as a shield for women's safety
and ensures their right to work. For implementing the idea
of this article, Indian parliament enacted the Suppression
of Immoral Trafficking in women and girls Act, 1956 which
was renamed as the Immoral Trafficking (prevention) Act,
1956. Constitutional Scheme of Directive Principles of
State Policy directs the state to secure the idea of
women's right in the society. These are the relevant
articles in this regard;

8. Right to Livelihood:

Article 39 (a) provides that the citizen, whether men or

women, equally have the right to an adequate means to
livelihood. Same right has been recognised under article
23(3) of UDHR which says that everyone who works has
the right to just and favourable remuneration.

9. Equal Pay for Equal Work:

Under article 39 (d), Indian Constitution ensures that the

state shall, particular; direct its policy towards securing
that there is equal pay for equal work for not only men but
also women. UDHR under article 23(2) also provides such
right.
 10. Just and Human Conditions of Work and Maternity
Relief:

Article 42 of the Constitution directs that the state shall

make provision for securing just and human conditions of
work and for maternity relief.

11. Right of Constitutional Remedies:

In case of the violation of any of these fundamental rights,

the aggrieved woman can move Supreme Court and High
Court and file writ petition under Article 32 & Article 226
for seeking remedy but there is no such mechanism
available in case of Directive Principles of State Policy,
which are not enforceable by any court under writ
jurisdiction. The state is under duty to implement such
principles through its policy. Hence, Directive Principles of
State Policy impose a moral obligation on the state for
their implementation.

Conclusion:
Only when women and girls have full access to their rights -
from equal pay and land ownership rights to sexual rights,
freedom from violence, access to education, and maternal
health rights - will true equality exist. Only when women have
taken leadership and peacemaking roles and have an equal
political voice will economies and countries be transformed.
And only then will all women and girls have the self-
determination they are entitled to.