'.
UNIT 5 RIGHTS OF WOMEN
Structure
5.0 Objectives
5.1 Introduction
5.2 Kinds of Women's Rights
5.2J Women's Rights as 'Political and Civil Rights
5.2.2 Women's Rights as Socio-economic Rights
5.2J Women and Inheritance Rights
5.3 Rights of Wornen
5JJ Constitutional Provisions and the Law
5J.2 Laws to Prevent Crimes Against Women
5JJ International Human Rights Mechanism
5.4' Monitoring of Rights of Women
5.4.1 National Commission and the NGOs
5.4.2 Creating Awareness
5.5 Different Forms of Violation of Rights of Women
5.5.l Gender Discriminations and Inequalities
5S2 Crimes against Women
5.6 Let Us Sum Up
5.7 Key Words and Phrases
5.8 Answers to Check Your Progress Exercises
5.0 OBJECTIVES
This unit discusses: why do we need to talk about rights of women as special
category, different forms of women's rights and the role of Indian Constitution and
International instruments like Universal Declaration of Human Rights (UDHR) and
Convention 'on the Elimination of All Forms of Discrimination Against Women
(CEDA W) in protection and promotion of Women's Rights;
After going through this unit you will be able to:
• understand and analyse patriarchal biases in society which make rights inaccessible
for women;
• different legal and constitutional provisions available to assure the basic rights to
women;
• understand and analyse various gender specific crimes and abuses and attitude
of neglect of the society and the state to take it seriously; and
• identify various possibilities and ways of enforcement, protection and promotion
of women's rights.
5
Rights of Special
Categerles 5.1 I.NTRODUCTION
You have already read that Human Rights are understood as basic rights which
human beings are entitled to for their development and existence with dignity. Human
Rights are rights that are held simply by,t,eing a human person. They are thought to
be fundamental for growth and dignity of human lives. They are necessary for adequate
functioning of human beings. They are available to all human beings without any
discrimination based on race, gender, clas , caste, and ethnicity.
Generally women's rights have not been classified as human rights. It has been the
result ofcontinuous struggle by the women's movement that now increasinglywomen's
rights are seen as human rights. Indian society is a patriarchal society. It means that
society is male dominated. The head of the family is always the eldest male member
who takes all important decisions. There is misconception of superiority of men and
inferiority of women. This leads to unequal status of men and women in the society.
As a result, women are deprived from their basic social, political and economic
rights. Due to feudal- patriarchal biases women suffer from subordination, exploitation
and oppression in the family and society. Women have never been given status of
equality in history. They have been compelled to lead the life of marginalization.
However, slowly and gradually the scene is changing now.As consequence of consistent
efforts by various women's organizations, NGOs, Government agencies and policies,
there are visible positive changes in status of women. The struggle has to continue
till we achieve a just and equitable society.
It is important to discuss rights of women as special category as in spite of formal
rights provided by the Indian Constitution, they are inaccessible to a large section of
women. Due to unequal power position between both sexes, women are unable to
enjoy equal rights as men. Their contribution is never recognized. The society must
understand that women constitute half of human kind. It is unjust to deprive half of
the population from their rightful claims. We must recognize and respect the rights
and entitlements of women in the society and family. Equality of women is necessary
on grounds of social justice and development of the nation.
5.2 KINDS OF WOMEN'S RIGHTS
5.2.1 Women's Rights as Political and Civil Rights
Political rights constitute right to vote, right to contest in the election, right to campaign
and take part in political life, peaceful assembly, association etc. Civil rights are those
rights that constitute free and equal citizenship in democracy. They are basic rights
such as right to life, liberty, equality, freedom of speech and expression, freedom of
religion, access to information etc. they are also known as first generation rights. Civil
and political rights ensure the protection of the citizens from interference from others.
The reality is that despite equal political and civil rights; women are unable to enjoy
them. Women's representation in the union and state legislatures is negligible. There
has been strong debate regarding reservation or quota as a tool for political
empowerment of women. It led to introduction of 73rd and 741h amendments that
provide one third membership (33%) to women in the three tier system of the local
self government (Panchayat Raj) in rural areas and local self government bodies
(Municipalities) in urban arers The three tier system consist of village, block and
district level. One third of the p,'.o: cri- ',,' .vomen's seats are for women of Schedule
6
Castes and Schedule Tribes. This has been seen as a landmark achievement in the Rights of Women
area of political empowerment of women. Along with this, there has also been debate
regarding reservation for women for legislative representation. Women's movement
in India has been demanding reservation in the parliament and the state assemblies.
However there appears to be lack of political will to execute and actualise Women's
Reservation Bill.
However, there are numerous factors which create problems in women's participation
in political and public life. Most of the women are financially dependent on others
and lack economic resources. Since they are either illiterate or have little education,
they are unable to participate equally. They lack access to relevant information and
get misguided. They carry huge burden of responsibilities of home which keep them
preoccupied with the household. The traditional role of women in Indian society
results in their low level of participation and low socioeconomic status. The electoral
process is also not supportive of women candidates. The limited experience from
Village Panchayats reports that violence and use of bad language is quite common
there. There is indifference, sexist behaviour, harassment and violence against elected
women representatives. Despite all odds, some women dare to engage in civil and
political activities. However, they become victims of discrimination, harassment and
violence.
5.2.2 Women's Rights as Socio-economic Rights
Most important socioeconomic rights constitute rights to food, shelter, medical care,
employment, work, social security etc. they are also popularly known as second
generation rights or welfare rights: These rights are vital for complete development
and full participation in the society.They ensure the well being of the citizens. Formally
all these rights and securities should be equally available to women. However, in
reality, women are more or less marginalized. They are treated as second class
citizens. Their rights are not seriously taken care of. They are always seen as the
subjects of the state rather then active participants and agents of change. There is
need for change in orientation of government and society towards women. Women
need to be empowered so that they can participate equally and effectively on issues
related to their lives. It will equip women to be part of decision-making process in
society and polity. Women battle persistently for land rights, right to water and forest
produce.
5.2.3 Women and Inheritance Rights
Women are consistency denied inheritance rights. Women lack access to all productive
resources. They bear no entitlement of land and other forms of property. Traditionally
land has been basis of political power and status. It provides security against poverty.
Millions of women depend on land for livelihood. Endowing women with land will
empower them in economic terms. The Hindu succession Act of 1956 made sons,
daughters and widows equal claimant in a man's separate property and in his share
in joint family property. However it treats agricultural land differently from other
property. Women's inheritance in tenancy land depends on state laws in India. In
...•.
o joint family property, sons but not daughters have inheritance rights. Hindu law still
o
o does not give women equal rights in ancestral property. By and large, all religions
\""
-' deny women equal property rights. They have limited rights to inherit it. Divorced
women face major hurdles in claiming maintenance for themselves and their children.
Also it will enable them to fight political and social gender inequalities better.
7
I{ights of 'I)ccia I
Categories
Check Your Progress 1
1) Do you think rights are essential for women's development? Why?
••••••••••••••••••••••••••••••••••••••••••••••••••••••••• i •••••••••••••••••••••••••••••••• ••
2) What is patriarchy?
............................................................................................
............................................................................................
3) Enlist important political and civil rights of women .
............................................................................................
.
4) Wh~t are the hurdles in the way of realization of these rights by women?
5.3 RIGHTS OF WOMEN
5.3.1 Constitutional Provisions and the Law
Indian Constitution provides equal rights to all its citizens. It grants political rights to
women on equal standing with men under the universal adult suffrage. There is list
of fundamental Rights including Right to Equality,Right to Freedom, Right of Religion,
Right against Exploitation etc. These rights exist to protect individuals from any
atrocities from the state and fellow citizens. These rights are believed to be inviolable
and are justifiable. In case of their encroachment, the Supreme Court ofIndia can
be approached for justice. Fundamental rights represent equal status granted to both
men and women. However, what we find in reality is that women are deprived even
of their fundamental rights. The traditional societal structure and pattern make it
difficult for women to enjoy their rights. The socio-economic context, patriarchal
institutions and traditions make rights inaccessible for women.
Unfortunately, the law and the legal institutions are not of much help for women. The
existing laws are not gender sensitive. Many grieving women are unaware ofthe
8
existing laws and legal remedies. They also lack courage to protest against their Rights of Women
oppressor in fear of bad name, desertion by family and violence by the society.
5.3.2 Laws to Prevent Crimes Against Women
A number of laws exist to protect women from their abuse and crime. Some of the
important laws are Equal Remuneration Act, Prevention of Immoral Traffic Act, the
Sati (Widow burning) Act, and the Dowry Prevention Act. Dowry Prohibition Law
declares giving or taking dowry as a punishable offence. If the bride dies under
suspicious condition within one year of her marriage, the husband and in-laws are the
prime suspect and may get punishment if proved guilty. Government has passed
legislation to curb the misuse of amniocentesis for sex selection and abortion of
female fetuses. An amendment was passed in 1976 "Child Marriage Restraint Act"
that raised the minimum legal age for marriage from 15 to 18 for young women and
from 18 to 21 for young men.
Domestic Violence Bill has come as a great respite for women victims of domestic
abuse. Despite of elaborate laws, the government is unable to enforce them. Most
of the patriarchal laws flourish in the rural and remote areas.
5.3.3 International Human Rights Mechanism
At international level, there is United Nations Organizations (UNO) which provides
various documents, declarations and treaties dealing with human rights enforcement.
The UNO lacks the power to punish the member states that violate its norms. Yet,
it has been very effective in helping the countries in developing the human rights
culture. Among its various documents the following two are very important from
women's rights point of view.
Universal Declaration of Human Rights (UDHR)
UDHR is a remarkable achievement of United Nations Organizations in the field of
human rights. India is a party to it. UDHR provides the fundamental guidelines on
protection and promotion of human rights worldwide. It was adopted and proclaimed
by the General Assembly of United Nations Organizations on 10 December 1948.
This is the reason 10 December is observed as the World Human Rights Day. It
emphasizes the inherent dignity and equal and inalienable rights of all human beings.
It includes a variety of articles which talks of various human rights. UDHR asks all
its signatories to protect and promote these rights. The two broad sets of human
rights mentioned in UDHR - Civil and Political Rights and Economic, Social and
Cultural Rights were further divided in two Covenants - International Covenant on
Economic, Social and Cultural Rights and International covenant on civil and Political
Rights. UDHR along with the two Covenants constitute International Bill of Rights.
Convention on the Elimination of aUForms of Discrimination Against Women
(CEDAW)
This Convention was adopted by the General Assembly of the United Nations on 18
December 1979 and came into force on 3 September 1981. It aims at ending all
0'
o forms of discrimination against women in political and public life. It prohibits any
o
-
~ distinction, exclusion or restriction made on basis of sex to discriminate women. It
asks all the state Parties to create conducive environment to ensure equal rights and
protection of women. It includes educational rights, adequate health care, and equality
with men before the law. It says that legislative measures should be taken to ensure
Rights of Special
Categories
women equal rights with men in field of civil laws including right to inherit property.
The aim of this Convention is to ensure gender equality in economic, social, cultural,
civil and political rights.
5.4 MONITORING OF RIG.HTS OF WOMEN
There are various instnunents and mechanism for enforcement and implementation of
right of women. At national level every nation has its own constitution, legal system
and judiciary, national and state commissions and NOOs that exist for this purpose.
At the same time, at international level United Nations Organizations (UNO) along
with its documents lay the foundation of global consensus on human rights. Along
with these, regional human rights conventions also contain guarantees of civil and
political rights.
5.4.1 National Commissions and the NGOs
Most of the nations have their National Commissions on Women's Rights. These
commissions are set up to see the implementation of rights of women. For example,
in India, National Commission of Women (NCIW) work for women's rights and
empowerment. You will read in detail about this commission in Unit 11 of this course.
Along with this State Commissions on Women's Rights exist at state level. In addition
to the government appointed agencies, there are women's organizations like SEWA.,
(Self Employed Women's Association), AIDWA (All India Democratic Women's
Association), National Council of Women in India, Kali for Women, Saheli, Jagori
etc. They are committed for achieving democracy, equality and women's emancipation.
There are many grassroot organizations and nongovemmental organizations (NGOs)
committed to women's issues. Some of them have been working on specific is ues
of rights of women. They have been able to empower helpless women in different
ways. There are international NGOs working on women's issues simultaneously in
various countries. Other NGOs work at regional and local level. Their efforts have
resulted in great improvement in the quality of wornen's life. Women's organizations
and association aim at organizing educational, economic, legal literacy and other
activities to empower women from below.
5.4.2 Creating Awareness
Women continue to be under represented in all areas oflife. They face hurdles in way
of their full and equal participation in public and private life. Their still are various
difficulties in realization of rights of women. There exist deep rooted prejudices
against women in our country. These challenges can be overcome by seriously
working for their up liftment. To achieve this task we need to work on various fronts.
Some important ways by which this can be done are:
a) By providing education for women, free education for girl child in rural and remote
areas.
b) By .reating health care facilities for women, especially in rural areas.
c) By creating mass awareness towards their rights and entitlements. Also women
should be made aware about the laws, legal provisions and judiciary and how
to seek help from them.
10
d) By encouraging their political participation at various levels in administration, for Rights of Women
example in Panchayat Raj Institutions and Municipal Corporations. They should
be given reservation in the Parliament and the local governance process. 73rd
(Panhyati Raj) and 74th (the Municipalities Act for Urban local Government)
Constitutional Amendments are crucial in this direction.
e) The state and government should make gender sensitive laws and policies.
f) The law and legal and judicial procedures should be revised with changing time
and should be made more women friendly.
g) One of the most urgent needs is to change the mindset of people and the society.
This requires commitment and will happen gradually if we work for it.
The aim is to generate confidence, self esteem and skills to fight the unequal power
structure in the society. Efforts should be directed to create enabling environment that
can allow women to participate equally in decision making process at all levels.
There should be support network to provide access to information about laws,
policies, institutions and structure that regulate their life. The Indian government is
obligated under CEDAW to work to remove traditional practices which subordinate
women. The government should prioritise women's rights. It should ensure that
women are treated fairly with respect during legal proceedings.
Check Your Progress 2
1) Specify fundamental rights granted by the Indian Constitution that guarantee equal
rights to women.
2) Mention Instruments of international human rights mechanism .
.............................................................................................
3) What are the significantmechanisms for implementationof human rights of women?
J I
Rights of Special
Categories
4) Name some women's organization working for women's cause.
••.••..•••••...•.••••••.•••••••....•••••••.••••••••••••••• ,'t ••• ,', •• •••••••····•••••·••····
5.5 DIFFERENT FORMS OF VIOLATION OF
RIGHTS OF WOMEN
5.5.1 Gender Discriminations and Inequalities
There are various forms of discriminations experienced by women. Most common
ofthem are malnutrition, poor health, lack of education, overwork, mistreatment etc.
Malnutrition and poor health results in anaemia in women. This complicates child
bearing and results in maternal and infant deaths. India has high female mortality rate.
Women get less health care facility than men. Women lack power to decide about
their marriage. Daughters are seen as liability. They are very often married off in
childhood.
There are various cultural and traditional discriminations existing against women. A
male child gets better education and opportunitie of growth compared to a girl child.
Very few female receive higher and technical education. Parents show reluctance in
educating their daughters as it brings no return to them. Besides, common prevailing
view is that the main responsibility of women is to produce offspring and take care
of her family. Women constitute highest percentage of unskilled work force primarily
engaged in agriculture. Most of women's labour is unrecognized. Women get fewer
wages compared to men workers, even when they work equally. Many times women
workers work for longer hours. Ifvarious activities of the household like maintenance
of kitchen gardens and poultry, grinding food grains, collecting water and firewood,
etc are taken into account then most of women's labour can be considered
economically productive.
Globalization, new economic policies and new technologies have negative impact on
women. There is shift from subsistence to market economy. New technologies and
mechanization of agriculture have led to marginalization and displacement of women
workers by men workers. There have been huge cuts on subsidies earlier given on
fertilizers, pesticides, electricity for irrigation etc. There is commercialization of
agriculture focusing only on cash crops rather than staple food grains. These all
changes affect women the most as they are primarily seen as responsible for providing
food to the family. Sad part is that the government is removing some welfare provisions
for women and girl child under the influence of globalization. We must understand the
helplessness of women who constitute subaltern section of the society. They need
assistance and opportunities for empowerment and growth. Government should launch
programmes and create opportunities for women.
5.5.2 Crimes against Women
There has been atrocities and rampant violence against women in all aspe- .." of life.
Violence against women includes rape, molestation, kidnapping, dowry-deatr-: ;.sture,
12
Rights of Women
female feticide and female infanticide, sexual harassment, custodial rape and death,
witch hunting, female sexual slavery, etc. Victims of rape have to bear stigma, without
any fault of theirs. Their testimonies are not treated with serious concern. There exist
hostile social attitude towards rape victims. As a result very few victims dare to
report the matter and seek the help of judiciary. The investigations are often inadequate
and lack of will to prosecute the guilty. There is trafficking of women and girl children
for forced prostitution and sex trade. The preference for male child leads to female
feticide and female infanticide. It is a positive initiative from the government that the
pregnancy screening to detect the sex of the unborn child has been banned in our
country. This has been done to check female feticide and improve the declining sex
ratio of women and men. Still many couples carry out sex selective abortions in
secretive ways. Dowry system has been one of the major culprit responsible for
subordination and deaths of numerous women. The cultural practice of dowry has
resulted in degeneration of women's position in the society. Many times when the
dowry demands of the groom's side is not fulfilled; the bride is tortured and murdered.
Ironically, such brutal murders are often not taken seriously by the system. Convictions
are rare and offenders often go scot-free. Another example of violence against
women is 'hate clime' or 'honour killing' in which women are killed when they try
to defy patriarchal norms of the society. Such killings are often carried out by the
family members or by the community to which she belongs when a woman tries to
marry and live by her own choice.
Women are also victim of oppressive .personal law (the laws governing marriage,
divorce, maintenance and succession etc). Personal laws of different religious
communities discriminate against women. Most of their provisions favour men. It puts
men in the seat of authority and control. Under the Indian Divorce Act of 1869, there
are different grounds of divorce for men and women. A Christian woman may
demand divorce in case of spousal abuse and certain categories of adultery. However
a Christian man can demand divorce on grounds of adultery alone. Under Islamic
law, Muslim husband can divorce his wife unilaterally.
Domestic violence affects the mental health of women. It causes low self esteem
anxiety and fear disabling them from engagement in public life. Women's groups
generate support and solution for the women victims by various methods like legal
protection, counselling and advice. There is rampant violence against women that
exist in all spheres of their life in different forms. Women become the worst victims
of caste and communal riots.
Check Your Progress 3
1) Indicate few disctirninations experienced by women in their lives.
2) Do you think that there has been increase in violence and climes against women?
.................................................. :, . 13
Rights of Special
Categories
3) Mention some gender specific crimes.
4) What are the negative affects of globalization on women?
5.6 LET US SUM UP
In thi unit we have read that women in India, as in most countries of the world, have
remained marginalized and discriminated. Even after recognition of the concept of
Human Rights by the International Community, generally women's rights had not
been classified as human rights. Of late there is trend towards recognition of women's
rights. In India women's rights are recognized in the Constitution of India. Thereafter
women have been provided equality and empowerment through various laws and
policies. It is now well accepted that a better society can be created when men and
women are treated equally. Women should be empowered to enjoy their rights and
claims. In order to create democratic and just society, we need change in mindset
of the society. No healthy and democratic society can grow by depriving women
from their due. Therefore it is important to strengthen our legal and judicial system.
There is need of gender sensitive policies. It will enable women to fight for and
acquire equal status. Gender awareness programmes need to be developed for men
and women. All forms of violence against women should be recognized as violation
of human rights of women that should be seriously taken care of.
However, to achieve this task we need serious commitment and joint efforts of all
including the government, women's organizations, NGOs, and the whole society. The
state and the society have to work hard to mitigate the gross injustice done to the
women in all ages. There is need of a vision and moral and political commitment on
part of each of us to achieve the aim of gender justice.
5.7 KEY WORDS AND PHRASES
Patriarchy It refers to the system in society and family in which the
eldest male member is the head of the family. There is
strong preference for male off-spring in the family.
Women experience unequal and inferior treatment in
patriarchal societies.
Offspring son or daughter.
Inalienable which cannot be separated or detached.
14 Female Feticide Killing of female fetus in the womb.
Female Infanticide Killing of Female infants. Rights of Women
Custodial Rape Rape committed by the police of the women victims in
custody.
Witch-hunting An evil practice still practiced in many villages in which
elderly women are declared witch and are often killed
brutally by the villagers.
Degeneration Decline, deterioration.
5.8 ANSWERS TO CHECK YOUR PROGRESS
EXERCISES
Check Your Progress 1
1. Rights are most crucial for self dignity, autonomy and complete development of
women.
2. Patriarchy is a system in which the head of the family is the eldest male member
who takes important decisions about the family. It is based on the assumption of
superiority of male and inferiority of female. It denotes unequal rights and status
to men and women.
3. Important political rights are rights to vote, contest election, campaign, form
association etc. Civil rights are constituted by right to life, liberty, equality etc.
4. Patriarchy, unequal status of women, violence and crimes against women are the
hurdles in way of realizing these rights.
Check Your Progress 2
1. Right to Equality, right to liberty, right against exploitation, right to religion etc.
2. United Nations Organization along with its documents like UDHR and CEDAW,
Regional Human Rights Conventions etc.
3. The Constitution, the law, organizations like National Commission of Women,
NGOs, UN and its documents like UDHR and CEDAW, Regional arrangements
for human rights, etc.
4. SEWA (Self Employed Women's Association), AIDWA (All India Democratic
Women's Association), kali for Women, Saheli, Jagori etc.
Check Your Progress 3
1. Malnutrition, poor health, lack of education, overwork, mistreatment, lack of
equal opportunities etc.
2. Yes, there has been constant increase in violence and crimes against women·
...., which is reflected by the reports by print and visual media .
3. Dowry deaths, molestations, sexual harassment, rape, child marriage, forced.
prostitution etc.
4. Displacement of women workers by men workers, commercialization of the
market, shift from subsistence to market economy, withdrawal of subsidies and
welfare measures etc. 15
