Role of Women and Women Organisation
Role of Women and Women Organisation
Women form an important social category. Social empowerment is meaningless if half of the
population of country remains in grips of malnourishment, selective sex abortion etc. The basis
of woman as a social group is not limited to biological but also the socio-cultural entity. Social
status and roles of women are defined not only in terms of the gender dimension but also in
terms of the norms, values, beliefs, traditions and customs of the society.
Women as a social category cut across the boundary of caste, class, race, estate etc.
social groupings. Women as a social group have diversified socio-economic groups and are
also divided in terms of spatial considerations like rural and urban. However, women are
frequently an oppressed group within each unit of socio-economic stratification.
However, we cannot simplify women’s issue as a conflict between men and women, or
the women’s movements as a crusade against men. Indeed, these issues are an outcome of the
prevailing social system. The norms, values, customs and old socialisation processes govern
each member of society, over generations to form his/her attitudes and behavioural patterns.
Similarly, these also formulate expectations of each member of society. The structural
arrangement of the society provides women low position. They are economically exploited and
discriminated, socially subjugated and politically rendered a powerless group in the society.
Women’s issues are thus perceived to be linked to social issues. These issues are
especially focussed on women’s unequal access to productive resources, decision-making
bodies, health care facilities, education, employment opportunities and social justice. In this
respect, the study of women’s issues needs to be incorporated within the discussion of wider
social issues, concerning the rights of underprivileged sections of society. The life-cycle
approach adopted in the section relating to women issues delineates women issues specific to
various categories including some emerging issues in contemporary India.
Structure
Status of Women: A timeline
Status of Women in History
Role of Women in Freedom Movement
Socio Cultural Context of Women in India today
Gender Stereotyping
Reflections of Gender Stereotyping: Individual, Family and Societal level
Stereotype behind the very notion of gender: Transgender Rights
Introduction to women’s Issues: A Structural Problem
Women Issues in India: A life-cycle approach
Unborns, Infants and Girl Child
Missing Millions: A National Shame
Child marriage: Depriving childhood of girl child
Adolescent girls
High dropout rate
Issues around Menstruation in India
Violence against Women
A gendered phenomena
Forms and manifestations
Domestic violence, bride burning
Sexual Violence in India
Nirbhaya and aftermath
Criminilisation of Marital Rape: A distant dream in India
Child Sex Abuse and POCSO
Child Sex abuse and death penalty
Honour Crimes: Intersection gender-based and caste-based violence
Issues concerning working women
Declining female labour force participation rate
Gender pay gap
Unpaid, unrecognized work
Harassment at workplace
Issues concerning other categories
Elderly women
Differently-abled women
Dalits and tribals
Sex workers
Contemporary Issues
Sale of Womb in India: Issues around surrogacy
Issues related to Assistive Reproductive Technologies (ART)
Harassment in cyberspace
Debate around abortion
Religious rights of women
Women’s movement in India
Evolution and new women’s movement
Gender stereotypes are preconceived notions about males and females. It is a generalized
view that certain attributes ought to be possessed; certain roles ought to be performed by a
particular gender. These stereotypes when ascribed to an individual man or woman and
inferences drawn based on the generalized assumptions it leads to the practice of gender
stereotyping.
Many of these stereotypes are perceived and not actual differences like men are aggressive,
strong and competitive and women are weak, passive and empathetic. These beliefs have
resulted in stereotypes in roles like women are caregivers and homemakers and men are
breadwinners and heads of households. These stereotype when combined with other
stereotypes results in compounded stereotypes like older men are inefficient, women with
disability are asexual, rural women are uneducated etc.
Further stereotypes are both positive and negative. However one thing should be made clear at
the outset that they are harmful, even the positive ones.
Individual level
Identities are formed based on ones interaction with the ‘other’ and woman’s identity is
no different. Woman identities are formed on the basis of their interaction with the family,
society and other institutions of socialization often embedded with gender
stereotypes. The identities so-formed based on stereotypes often results in
discrimination of women in various walks of life. For instance gender-based violence is
largely due to wrongful stereotype that women are physically weak.
Gender stereotypes particularly role-based stereotypes in marriage and family relations have
resulted in wide scale discrimination.
Marriage is considered as the ultimate destiny of a woman, and nurturing children and
caring for family members her primary role.
Stereotypes like women are homemakers and caregivers has imposed on them extra
burden of child rearing being solely responsible. This is being reflected even in laws
that entitles 26 weeks of Maternity leave to women (Maternity Benefit (Amendment) Act,
2017) as opposed to 15 days of Paternity leave for men in All India Civil Services Rules.
The stereotypes reflected in the patriarchal mindset in India have resulted in women
being primarily confined to private sphere and men more suitable in the public sphere.
The stereotype that the primary role of women is motherhood has curbed women’s
sexual expression and reproductive freedom including unwanted pregnancies,
deteriorating sexual and reproductive health of women.
Further wrongful stereotyping of wives being the sexual properties of husbands has
hindered the criminalization of marital rape in India. (forced sex is a crime under
Section 375 of IPC only in case of minor wives between the ages 15-18.
The understanding of transgender in India best represents stereotypes on the very notions of
gender. The stereotypical belief the Indian society holds on the very definition of gender has
often lead to grave violation of their fundamental rights that the constitution guarantees
irrespective of caste, creed, gender etc. The Transgender Persons Protection of Rights Bill
2018 that seeks to restore and protect the rights of transgender community in India is ridden
with the fundamental flaw of not recognizing the right to self determination of gender. This is
against the spirit of the famous NALSA decision of the Supreme Court of India in 2014,
according to which gender is an innate experience of the individual. With transgender
community representing more than 5 lakh of the citizenry it deserves freedom from the societal
stereotype and conferred the right of self-determination.
Conclusion
Office of Human Rights Commission has declared gender stereotyping as a human rights
violation and Gender Stereotyping is the root cause of discrimination against women and
transgender across the spectrum. Women face violations of a vast array of rights such as the
right to health, adequate standard of living, education, marriage and family relations, work,
freedom of expression, freedom of movement, political participation and representation, gender-
based violence etc. In this backdrop the following section is written in an attempt to understand
women issues in India.
Women Issues
Women Issues: A structural problem
Firstly, they are breast fed for shorter period. Further, many parents show lesser concern to girl
child during illness. Finally, a female child is made responsible for household chores like
cooking, caring for younger siblings very early in life. This extra burden during childhood has
long-lasting impact throughout their lives.
According to Niti Aayog, the sex ratio at birth in India has worsened from 906 in 2012-2014 to
900 in 2013-2015. Further the Child Sex Ratio (0-6 years) was at an all time low of 914 girls to
1000 boys as per the 2011 census. This led the Economic Survey of 2017-2018 to identify 63
million ‘Missing girls’ in India until 2014.
The main reasons for the prevalence of ‘Missing Girls’ and decline Child Sex Ration are sex
selection biased in favour of male child, neglect of girl children, inadequate nutrition and
discriminatory practices. Further the son-meta preference has exasperated the national shame
of daughter deficits in India.
The daughter deficit is a structural issue in India that is consciously perpetuated first through
female infanticide and with advancement in sex-selection techniques through abortions. Today
the number of abortions has outnumbered the number of infanticides in India reiterating
prevalence of preference for male child.
Till 1970s preferred way of killing the girl child was female infanticide.
With emergence of technologies like amniocentesis, ultrasound tests etc, people started
adopting sex determination and abortion.
Post 90s technologies for sex selection even before conception became available.
In order to arrest the problem of sex-selection and female foeticide, the government in 1994
introduced the Prenatal Diagnostics Techniques Act. In 2003, PDT act was amended to become
the Prenatal Conception and Prenatal Determination Act (PCPNDT) which regulates sex
selection before or after conception.
However the PCPNDT Act is a failure in India with around 2300 cases of infanticide and 2000
cases of abortion registered under the act between 1994 and 2014. Today’s trend is that the
number of abortions has outnumbered infanticides.
To address this issue the government in 2015 launched the Beti Bachao Beti Padhao
Programme. The programme is said to have produced positive results with child sex ratio
improving from 914 to 919 (NFHS-4) in the 1st phase. This has led to nation-wide scaling up of
the initiative to cover all 640 districts. Beti Bachao Beti Padao focuses specifically on prevention
of sex selective abortions through effective enforcement of PCPNDT Act. The Supreme Court in
2017 also played its part in directing the search engines such as Google and Yahoo to block
content relating to pre-natal sex determination.
Besides the government has launched the Sukanya Samriddhi Yojana, a small savings
scheme to reduce financial burden associated with marriage and education of daughters.
What is needed is a radical shift in the approach moving from protection of girl child to
promotion of women as a category. This is done not just by improving the image of the girl child
but increasing the value of the girl child. A rights-based lifecycle approach with focus on
nutrition, health, education, equal entitlements in property rights, employment and income
generation is the need of the day. Finally only an over-arching gender sensitization programme
focusing at the individual level through education, at the institutional level, public and private, at
societal level through professional behavioural campaign is the only way to not add more to the
shameless inventory of ‘Missing Millions’.
A measure of Childhood deprivation, End of Childhood index, 2019 by Save the Children, a
global NGO has placed India 113 among the 176 countries. One of the major drivers of
childhood deprivation is child marriages, the other being child labour. Being a major factor in
deprivation of childhood, child marriage is a gross violation of child rights.
Though India has successfully managed to reduce the menace of child marriage by about 51%
in the last decade (2006-2016), we still account for the majority of child marriages in the world.
1.5 million girls constituting a staggering 27% still get married before they attain the legally
prescribed marriage age of 18 in India.
According to a 2018 report from UNICEF, child marriage rates are highest in Jharkhand, Uttar
Pradesh, West Bengal, and Madhya Pradesh. Further it is more prevalent in rural areas (48%)
than in urban areas (29%).
Impact
Child marriage significantly hinders physical, emotional and mental and therefore all-round
development of the girl child. The impact of child marriage is socio-economic subjugation of girls
in every stage of their life cycle including
A structural problem
The patriarchal mindset in India has perpetuated the low socio-economic value of girl child.
Confining women to domestic sphere, reproductive role has significantly contributed to gender
biased sex selection and child marriage alike.
Low enrollment
The low education opportunities, inadequate infrastructure, and overall girls’ safety have
contributed to low enrollment of girls in schools leading to perpetuation of early marriage.
Culture of Dowry
The prevalence of practice of dowry has further perpetuated child marriage in India. It is
seen in India that with increase in age and education of women, the amount spent on
dowry increases. As a result child marriage is seen as a way to escape the high burden
of dowry especially in poor families.
Weak enforcement of the law
India has had a law targeting child marriage since 1929. The Child Marriage Restraint
Act, 1929 had put a restraint on solemnization of child marriages in India. However this
law was seen as toothless as it did not have a provision for prevention or prohibition of
child marriages. The
The Prohibition of Child Marriage Act was enacted in 2006 with provisions for prevention
of child marriages, protection of children involved and prosecution of offenders. It made
the child marriage a cognizable and non-bailable offence.
Toothless law
Though non-bailable and voidable, child marriage is not automatically void under India’s
civil laws. Simply put, in order to make a child marriage ‘void’, the child bride has to
declare her marriage null and void within 2 years of attaining majority (20 years of age),
else the marriage stands valid. The structural position of a girl child in India makes this
law toothless. Karnataka has addressed this lacuna by inserting a provision in the Act
making every child marriage invalid ab initio. (from the beginning)
Adolescent girls
Adolescence is the transition phase from childhood to adulthood. Adolescents need special care
to ensure a smooth transition to adulthood. Adolescent girls face issues like higher dropout rate,
disparities due to menstruation, lack of menstrual health management, teen births, anemia,
multiple forms of violence and abuse in real and virtual platforms alike etc.
Higher drop rate is a serious issue especially in rural areas. It increases as we move towards
higher education. Girls dropout of school for several reasons including absence of toilets in
school, distance of school form home, unavailability of reliable transport, safety concerns,
patriarchal mindset that gives preference to male education, need to supplement family income,
care of siblings etc.
Issues around Menstruation in India
There are about 355 million menstruating women and girls in India. Menstrual health is oft-
neglected in India leading to restricted mobility, lack of agency, lack of dignity, absenteeism in
school and work etc. The stigma and issues surrounding menstruation in India has severely
hindered the all-round development of adolescent girls in India.
The Rashtriya Kishori Swasthya Karyakram (RKSK), launched in January 2014 enables
access to MHM information, support, and products through Adolescent Friendly Health
Clinics and counselors.
The Swach Bharat Mission (SBM), prioritizes sanitation infrastructure (e.g., individual
and community toilets, solid waste management) and awareness programs for
behavioral change.
The SABLA program (2011), has a component of awareness about MHM to adolescent
girls through Anganwadi Centers.
In December 2015, the Ministry of Drinking Water and Sanitation released the National
Guidelines for Menstrual Hygiene Management with support from UNICEF India,
elevating the urgency for an integrated approach to improved MHM for adolescent girls
and women in India
Under WASH (water, sanitation and hygiene) a number of NGOs are developing
curriculum and partnering with schools to deliver awareness programs.
Challenges
Solutions often remain in silos: RKSK, SABLA, SSA consider MHM awareness as a
component of improving outcomes such as adolescent health, life-skill, or education.
However, the current emphasis on MHM is small.
Lack of convergence and coordination: For example, RKSK and SABLA both
prioritize creating awareness about MHM among adolescent girls; however, there is
limited clarity on how a counselor under RKSK’s Adolescent Friendly Health Clinics and
an Anganwadi worker supported by SABLA may complement each other’s efforts.
Limited human resource capacity: Although MHM programs leverage health workers
(e.g., ASHAs, counselors) and teachers to provide MHM education, their comfort in
discussing sensitive topics, particularly when talking to boys.
Market barriers: The MHM Guidelines recommend increasing access to MHM products
by outsourcing production and distribution of pads to self-help-groups. However, despite
efforts to leverage SHGs, they have struggled to create awareness of sanitary pads and
serve as a high volume platform for manufacturing pads.
Way forward:
Menstrual health should not only be treated as a public health issue but with a human
right approach ensuring access to a safe, clean and private space every menstruating
girl and woman.
Build on the existing momentum through public-private partnership to ensure a viable
model for MHM products delivery.
A multi-sectoral response involving water, sanitation, urban planning, education, health,
and the social sector can ensure that appropriate, evidence-based, and cost-effective
interventions and policy are developed and implemented for the benefit of girls and
women.
In 2018, the Ministry of Women and Child Development has launched the #YesIBleed
campaign. It aims to raise awareness and ensures that every girl and woman gains the
requisite knowledge on menstrual management and has greater access to hygiene
products at affordable prices.
Violence against women is deep-rooted in the unequal power relations between man and
woman in a society. The gender-based inequalities persisting along the life cycle of a woman
manifests in the form of various forms of violence from infancy to old age. The violence against
women is a tool to reinforce and sustain the inferior status of women in society. Violence is used
as a weapon to punish those women who transgress the gender roles defined in the society. In
a society engulfed by patriarchal attitudes that assign roles of servitude, docility, domestic
sphere etc to women, any effort towards women empowerment itself unleashes violence against
women as a backlash. Therefore violence against women is an ideological threat to establishing
women’s identity and dignity. A deeper look into the reasons behind female foeticide, child
marriages, dowry deaths, marital rape, honor killings, deprivation of sexual and reproductive
rights, religious rights, differentiated access to nutrition and health etc reveals the deep-seated
gendered phenomena at play behind violence against women in India. As a result violence
against women should be understood and tackled from a gendered perspective in India.
Following from the above discussion, for the purposes of this section violence against women is
defined as any act of gender based violence that results in physical, sexual or psychological
harm or suffering to women including threats of such acts of coercion and deprivation occurring
in both public and private sphere.
The widespread socioeconomic dependency and fear of exclusion subordinates women to their
husbands and family members leaving wide scope for violence. Owing to deeply entrenched
patriarchal attitudes in the institutions of marriage, family and religion, violence against women
is manifested in the private sphere in the form of dowry, domestic violence, marital rape, female
infanticide, honor killings etc.
According a NFHS-4 survey, nearly 1 in 3 women above the age of 15 in India face domestic
violence in one form or the other. Further about 1/3rd of the crimes against women in India were
perpetrated by husband or relatives in 2016-17, according to Nation Crime Record Bureau.
Domestic violence range from spousal violence in case of married women to violence by
fathers, step fathers, mothers, step mothers, brothers, sisters and other relatives in case of
unmarried women. They manifestations of domestic violence are varied ranging from wife
beating, torture and harassment to extreme form of violence in the form of bride burning, dowry
deaths, abetment of suicides, marital rape, honor killings etc.
Domestic violence is defined under the Protection of Women from Domestic Violence Act 2005
as all forms of violence including physical, emotional, verbal, sexual, and economic violence.
Besides it also includes threats of violence. The act also recognises marital rape and dowry
demands as abuse. Besides section 498 A (cruelty by husband and his relatives), section 304 B
(dowry deaths) and section 306 (abetment of suicide) of the Indian Penal Code deal with
domestic violence in India.
Debate around sexual violence is reinvigorated in the recent times in the aftermath of heinous
incidents in Unnao, Kathua and Surat. The sexual offences in general are covered under three
sections of the IPC namely Section 376: Rape: Sexual intercourse without consent, Section
354: Assault on a woman outraging her modesty, Section 377: Unnatural acts defined as “carnal
intercourse against the order of nature with any man, woman or animal” (anal sex,
homosexuality or bestiality). Beside child sex abuse is covered under the POCSO Act.
Rape accounts for about 12% of all crimes against women in India. According to NCRB data,
the number of rape cases reported has doubled in a decade from 20000 in 2007 to about 40000
in 2016. These numbers are shameful given the chunk of cases (about 99% according to
estimates) go un-reported. Besides the conviction rate in cases of rape has been a stagnant
25% in India. The reporting of sexual violence has increased manifold in India after the Nirbhaya
case in 2012. In addition to increase in reporting, the Nirbhaya movement of 2012 in India made
rape laws in India more stringent and definition of rape more broad.
As a result the cases of marital rape in India are reported under Section 498 A (cruelty by
husband), Section 377 (unnatural offences). Since about 60% of the domestic violence reported
constitutes sexual abuse including forced sex and absence of specific provision for the same,
the law with respect to marital rape is considered toothless in India. The only relief is that
Section 375 considers forced sex in marriages as a crime when the wife is below age 15.
Recently the Supreme Court also criminalized forced sex with minors between 15-18 years of
age.
Denying the right to decide on matters of sexual, procreative and intimate relations to Indian
wives and right to equal protection under Section 375, marital rape and the legal provisions
relating to it violate the spirit the Article 21 and Article 14 under the Indian constitution. As a
result laws relating to marital rape needs an overhaul making it a criminal offence.
Acid attack
As observed by the Supreme Court of India, Acid attacks are “uncivilised and heartless
crimes”, the perpetrators of which do not deserve any clemency. Acid attacks are driven by
a feeling of revenge against a woman who rejects a proposal of marriage or a sexual
advance. The intention of the attacker, driven by male ego, is to disfigure the victim.
Steps against acid attack
The Criminal law Amendment Act, 2013 provided for a specific provision under Section 326
for acid attacks with minimum punishment of 10 years imprisonment extendable upto life
imprisonment. Further the Supreme Court, in the Laxmi case (2015), mandated all States to
fix ₹3 lakhs as minimum compensation for victims, and also mandated private health care
providers to provide free care to victims.
Honour Killings: Intersection of caste-based and gender-based violence
Honour killings are prevalent in Indian society given the nature of institutions and attitudes that
pervade them. Caste being an endogamous group, inter-caste marriages are often seen in
Indian society as transgression of caste rules (endogamy). Honour killings are seen as a step to
restore the ‘honour’ of the family and community. To restore the ‘honour of the community’,
caste-based extra-constitutional councils like ‘Khap Panchayats’ foment honour crimes in
various parts of India including Haryana, Punjab, UP, Rajasthan, Bihar. Caste-based rules,
enforced by ‘Khap Panchayats’, prevent marriage within the same ‘gotra’ (exogamy) in order to
maintain the so-called ‘purity’ of lineage. While ‘honour crimes’ are targeted at both men and
women, it assumes a ‘gendered’ dimension as family and community ‘honour’ is associated with
chastity of women and men are seen as the protectors of the so called honour. Further the
victims of honour crimes are predominantly women and perpetrators mostly men. Thus, as the
law commission has observed, khap panchayats are a reflection of the male point of view of
what is agreeable in a society
In a landmark judgment in the ‘Shakti Vahini case’ of 2018, the Supreme Court recognised the
‘right to choose’ partners in marriage as indispensible part of right to life under Article 21.
Following this the apex court declared the decrees of ‘Khap Panchayat’ and similar caste-based
councils in cases of inter-caste and inter-religious marriages illegal.
The Supreme Court has also directed states to enact a law against honour killings, until
which it has provided the following guidelines in the famous Shakti Vahini case.
Setting up of fast-track courts against honour killing cases in order to dispose off the
cases within 6 months
It is the duty of the police officer to file FIR against Khap Panchayat.
A provision of safe houses for the couples under the supervision of District Magistrate or
Superintendent of Police
Prohibition on meetings of Khap Panchayat under section 144 of CrPC
Witch hunting
Witch hunting is a way to control women who do not conform to the whims of those in power,
locally. Adivasi, dalit, single and elderly women are soft targets of being branded a witch. It is
often a ploy to grab their properties under the garb of superstition and traditional practices. Bihar
was the first state to ban witch hunting under Prevention of Witch (dayan) Practices Act, 1999.
Chhattisgarh Tonhi Atyachar (Niwaran) Act was passed in 2005.
Labour force participation rate (LFPR) of women has declined from 36% in 2005-06 to 26% in
2018. The female labour force participation in India is one of the lowest in the world with only 1
in 4 women work in the country. According to IMF, equal women’s participation in workforce can
potentially boost Indian economy by 27%. There are 149.8 million working women in India,
according to the 2011 Census. However, 95% of the women workforce are employed in
unorganized sector or unpaid labour. Only 1% of the total female workforce constitutes women
professionals in the highest ranks like legislators, senior officials, and managers. Declining
poverty level, gender pay gap, attraction for higher education, fear of harassment at workplace,
migration after marriage are some driving factors behind declining LFPR.
The NSSO, ILO collaborated employment unemployment survey (EUS) 2011-12 indicate that
women get 34% less compared to men for the same job with same qualifications. This is against
the spirit of Article 39D of the constitution which strives for equal pay for equal work for both
men and women. According to the 1st gender-based inequality report by Oxfam in 2018, low
wage rate among women prevail across categories whether casual or salaried, organised or
unorganised sector, rural or urban.
While the gender pay gap is highest in the unorganized sector, the pay gap is lesser for more
skilled workers. The recent trend of feminisation of agriculture has tended to narrow the wage
gap in rural areas among casual workers. This means that the biggest victims of low agricultural
income and consequent rural distress are rural women especially casual labours. The
increasing literacy among women and declining gender gap in education exacerbates the crisis
in jobs when it comes to women. Male outmigration has also pushed women into taking on
more responsibility of own cultivation and to perform wage labour to ensure households’ daily
survival.
Household work is often not even considered a work. It is unrecognized and unpaid. Further,
even women engaged in formal employment are expected to perform household work after their
office hours. The patriarchal mindset prevents many male members from helping women in
household chores. Women find it difficult to balance the demands of both their home and
offices. This leads to serious physical, mental and psychological stress among women. Thus
equal sharing of household chores, payment for full time housewives and dual parenting in
which both mother and father share child care work should be the way forward.
Harassment at workplace
Sexual harassment at workplace is another form of gender-based violence. According to
feminists, it is one of the ways to prevent women from challenging male domination in economic
spheres. About 47% of working Indian women have experienced some form of sexual
harassment over the course of their work. The case of Aruna Shaunbaug is worth noting here. A
nurse in Mumbai, she went into vegetative state after sexual assault at work. She remained in
coma for 42 years, and her case sparked debates on passive euthanasia in India. The problem
is more acute in informal sector like domestic work where many cases go unreported.
Originally, sexual harassment at workplace was not considered as a separate offence in the
Indian Penal Code (IPC). It was in 1997 that Supreme Court came up with a set of procedural
guidelines (Vishakha Guidelines) to deal with such cases. These guidelines led to the
enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013. The act includes the following under sexual harassment physical contact
and advances, demand or request for sexual favours, sexually coloured remarks, showing
pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Vice-president of India, in one of his speeches in 2018, said that elderly people are the
conscience keepers of our society and it is everybody's responsibility to respect them.
According to Census 2011, senior citizens (60+ years of age) account for 8.6% of Indian
population. Elderly women far outnumber their male counterparts – a phenomenon called
feminization of ageing. 70% of elderly live in villages where physical, financial and healthcare
infrastructure is normally poor. This combined with changing value systems compounds the
problems of elderly women that are-
Corrective measures:
Differently-abled women
Corrective measures:
Dalit women bear the double brunt of being a woman and being a social outcaste. The complex
intermix of these two factors relegates dalit women to the bottom most stratum of society. Since
they lack the power of retaliation, they are a soft target of violence which may include filthy
verbal abuse of a sexual nature, naked parading, rape, murder, witch hunting etc. Dalit women
account for the maximum number (90%) of manual scavengers who clean dry latrines manually.
Since most of dry latrines are located within housing premises, female manual scavengers are
preferred over their male counterparts. Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 1993 bans this practice, however, its implementation has been
unsatisfactory.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, amended
in 2015, National Database on Sexual Offenders, establishment of Exclusive Special Courts and
specification of Exclusive Special Public Prosecutors etc. aim at addressing the atrocities faced
by dalit women. Police connivance with the dominant community often leads to delays in filing of
cases and lodging of false complaints against victims, thus preventing effective implementation
of constitutional and legal safeguards these vulnerable women.
Tribal women enjoy better social status and decision-making power within their own community.
In fact some tribal societies of North-East like Khasi, Garo have matrilineal societies in which
property is passed on along female line. However, these women bear the brunt of climate
change, colonial mindset of forest officials and remote location of tribal areas. The ordeal of
Dana Majhi (Kalahandi, Odisha), who had to carry his wife’s body on shoulders after being
denied ambulance services reflects the shoddy state of healthcare services in tribal areas.
Sex workers
Sex workers do not fall under any official category of ‘workers’. Most of them are victims of
human trafficking. Poor girls, mostly from rural areas, are lured in the name of employment in
cities, and pushed into prostitution. These factors, combined with social taboo associated with
prostitution, results in denial of basic rights to both sex workers and their families.
Contemporary Issues
Sale of Womb in India: Issues around surrogacy
Surrogacy is an arrangement in which a woman (called surrogate mother) agrees to carry the
child and give birth to it for a willing person or couple (intended parents). With no law governing
surrogacy, India has emerged as a surrogacy hub for couples from different countries.
According to law commission surrogacy is a Rs. 25,000 crore industry in India. The entire
process beginning from fertilization to birth of the child is ethically sensitive. There have been
reports of intended parents abandoning the child after its birth, exploitation of surrogate mothers
by confining them in “hostels” during pregnancy etc.
Recently the Parliament has introduced Surrogacy (Regulation) Bill 2018 that seeks to ban
commercial surrogacy and regulate altruistic surrogacy in India. Important provisions include
An Indian infertile couple, married for 5 years or more, can opt for ‘altruistic surrogacy’.
Women within the age group of 23 years to 50 years and men aged between 26 and 55
years will be eligible to go in for surrogacy.
Only ‘close relatives’ can be chosen to be surrogate mothers
A woman can be a surrogate only once in her lifetime.
The surrogate mother will not be paid any compensation except medical expenses and
insurance.
The bill covers 18-month care expenses and insurance cover for the surrogate mother.
Live-in partners, single parents, homosexuals, foreigners, NRIs cannot avail surrogacy.
Foreigners, NRIs and PIOs are not allowed to commission surrogacy in the country.
Changing life styles, pollution, genetic disorders and other health issues prevent many people
from bearing child of their own. This inability to become pregnant is called infertility. 10 to 14
percent of the Indian population is affected by infertility, according to the Indian Society of
Assisted Reproduction. This problem is more acute in urban areas where one out of six couples
is impacted. The medical procedure used to address infertility is called Assisted Reproductive
Technology (ART). It includes procedures such as in vitro fertilization, fertility medication,
cryopreservation of gametes or embryos etc. Companies like Apple and Google are offering
female employees, who want to delay their pregnancy without any adverse age-related
complications, the chance to freeze their eggs.
sex selection of babies, and demand for ‘designer babies’ with specific traits
the right of the child to know his/her origins
the right of privacy of the donors of eggs or sperms
destruction of unwanted embryos
Assisted Reproductive Technology (Regulation) Bill, 2014 aims at regulating ART services in
India. A strong regulatory framework with strict code of ethics would help address the ethical
issues associated with this practice.
Harassment in cyberspace
With rapid penetration of internet and social media, cyber space has emerged as a new platform
for harassment of women. Though women can now overcome the traditional barriers and
participate in public life, they are also exposed to greater harassment on online portals. The
anonymity provided by cyberspace makes effective redressal of these issues difficult. Forms of
harassment on internet:
According to a 2017 survey conducted by cybersecurity firm Norton, 41% of women have faced
sexual harassment on the web.
Corrective measures:
Stalkers and cybercriminals can be booked under Information and Technology Act, 2000
for breach of privacy.
Cyber Crime Reporting Portal has been formed Nirbhaya fund for addressing the cases
of online harassment of women.
Local storage of data, and greater scrutiny of accounts by internet and social-media
giants.
Abortion means termination of pregnancy due to health risks to mother or child, unwillingness of
mother to continue with pregnancy, pregnancy resulting due to rape etc. 73% of the 15.6 million
abortions that occurred in India (The Lancet study) were sought outside health facilities. This
highlights the seriousness of unsafe abortions that are driven by stigma associated with
abortions, need for anonymity etc.
Increasing realization of reproductive rights of women and right to their bodies has led to a spurt
in demand of elective abortion where women want to abort the fetus out of choice, not due to
any medical exigency. For example, in western societies a couple may break up during
pregnancy; this leaves the expecting mother with sole responsibility of caring for the child. In
such cases women may go for abortion.
In India, abortion is not a right – it is regulated by the Medical Termination of Pregnancy Act,
1971 which lays down conditions and procedures for abortion. Mandatory provision of consent
of registered medical practitioner forces many women to go for unsafe abortions, often leading
to infection related deaths.
Ethical issues with abortion include Right to life, liberty and pursuit of happiness of women; right
to bodily sovereignty of women vs. rights of the unborn child etc. Supreme Court’s recognition of
right to privacy as a part of right to life and liberty guaranteed in Article 21 of the Constitution
has renewed debates around abortion in India.
Demand for ending this gender-based discrimination is the latest development in women’s
movement in India. Women of reproductive age (10-50 years) were not allowed entry in
Sabarimala temple in Kerala. Supreme Court ruled that the ban is violative of the right to
equality (Article 14) and the right to worship (Article 25) of the constitution. A similar ban was in
place on entry of women in sanctum of Shani Shinganapur temple in Maharashtra. Trupti Desai-
led women activists ended the six-decade-old tradition in 2016 after Bombay High Court
ordered Maharashtra government to ensure that women are not denied entry. These
developments have emboldened a couple from Pune, who have filed a PIL in Supreme Court
demanding the right of women to pray in mosques.
Critics of these developments are of the opinion that gender-based discrimination is not inherent
in practices of Hinduism which has numerous female deities. There are only selected temples
that prohibit entry of women due to their extraordinary nature. They argue that there are some
temples (Linga Bhairavi temple in Coimbatore, Tamil Nadu) that prohibit men from entry. Hence,
according to them, such practices are not structural features of Hinduism, but only driven by
special nature of selected deities.
Conclusion
It is clear from the above discussion that the issues faced by women are multi-dimensional,
complex in nature and require structural as well as attitudinal change to mainstream them in
different aspects of life. SDG 5 which says “Achieve Gender Equality and Empower all Women
and Girls” calls for global efforts to end all forms of discrimination against all women and girls
everywhere. There is a need to redefine governance architecture from national to local level by
revisiting the overall gender architecture. India is making steady strides in this direction. 30% of
the allocated budget in all ongoing schemes is now earmarked for women beneficiaries.
National Policy for Women (NPW) aims at ensuring all-round development of women treating
them as equal partners in development in an environment free from violence and discrimination.
Sustained efforts of government, civil society, women’s organization and gradually changing
attitude are bearing positive results. Child Sex Ratio (CSR) of Jhajjar, Haryana was 782 in 2011;
it has reached 920 in 2018. 17% reservation for women in IITs has increased their
representation in higher education. INSV Tarini team completed the first ever all-women
circumnavigation of globe by India women. Women are now getting combat roles in armed
forces. Sports persons like P V Sindhu, Saina Nehwal are making India proud at international
sporting events. The list goes on and on. The need of the hour is to make these efforts reach
the lowest rungs of society in the remotest locations of India. There is now a consensus among
all quarters that restoring the dignity of women is indispensable to reclaim India’s status as a
world leader. Empowerment of women is an essential component of the vision of New India by
2022.
The evolution of Women’s movement in India can be classified under 2 distinct phases.
1. Women’s movement of 19th century that coincided with socio-reform movement with its
emphasis on women issues like sati, women education.
2. Women’s movement of 20th century that coincided with national movement that gave
fillip to political participation of women, formation of women political associations.
The above two phases focussed on women issues and not so much on gender issues.
Therefore these movements were “Feminine not Feminist”.
The Women’s movement of 1960s and 1970s profoundly attacked gender inequalities prevalent
in India. This led to intertwining of gender issues into mass movements of the time. Since the
role of active negotiation for their rights was taken up by themselves, it was movement by the
women, of the women and for the women. In the background or political and economic turmoil,
new issues like sexual division of labour, violence against women, equal wage demand etc.
gained importance. The feminist consciousness that linked violence in private sphere to the
economic structure broke the public-private divide. New-women’s Movement with its emphasis
on diverse issues like dowry death, rape and marital rape broadened the realm of gendering
with its assertion of gendered rights.