International Journal of Political Science, Law and

International Relations (IJPSLIR)

ISSN(P): 2278-8832; ISSN(E): 2278-8840
Vol. 11, Issue 1, Jun 2021, 13-24
© TJPRC Pvt. Ltd.

EMPOWERMENT OF WOMEN: A REALITY OR A MYTH

Dr. DAISY CHANGMAI1 & MONMI GOHAIN2

1
Department of Law, National Law University and Judicial Academy, Assam, India
2
Department of Law, National Law University and Judicial Academy, Assam, India

ABSTRACT

Empowerment of women denotes the liberation of women from the atrocious and faulty clutches of society and its
various components. Empowerment can be brought about by providing certain platforms like education, awareness,
social acceptance, etc. The Constitution of India has embedded the idea of gender equality and empowerment in its
Preamble, Fundamental Rights, Fundamental Duties, and the Directive Principles. There are various other legislations,
both domestic and international which work for the same. But until today, it is considered as a dilemma, given the rate of
development and modernization the society has gone through. World Health Organisation has revealed that 35% of the
women worldwide suffer several kinds of violence at some point in their life. This is the position of almost every country
in the world and India is not an exception. There is still a huge percentage of women who are defenseless, marginalized,

Original Article
and distressed, providing only support and ample facilities will not suffice the idea of empowerment. It is required to
have an insight into the real cause of the situation and actual effort lies in changing the perception of the entire society
towards uplifting the sense of security and safekeeping of the women of our country.

KEYWORDS: Empowerment, Gender Equality, Security, Status Quo, Insight

Received: Mar 18, 2021; Accepted: Apr 08, 2021; Published: Apr 20, 2021; Paper Id.: IJPSLIRJUN20212

INTRODUCTION

“You can tell the condition of a country by looking at the status of women”- Jawaharlal Nehru.

Empowerment of women is a major goal of development. In the real sense, empowerment of women
denotes guaranteeing rights to women, giving them decision-making power and access to opportunities and
resources. It can also be brought about by providing certain platforms like education, awareness, social acceptance,
etc.

Women have been given a high place of honour since ages under Hindu Society. The Great Shastrakars
Manu proclaims that women form the foundation of a prosperous society. Manu quotes – “the society that provides
respect and dignity to women flourishes with nobility and prosperity. And a society that does not put women on
such a high pedestal has to face miseries and failures regardless of how so much noble deeds they perform
otherwise.”

Women empowerment is a critical aspect of achieving gender equality, both go hand in hand. Only by
uplifting the women which are also regarded as the vulnerable section of the society, we can generate equality
among unequals. The Constitution makers were well versed with the idea of gender equality and empowerment and
hence, they incorporated the same in the objectives of the Preamble and different Parts, namely, Part- IIII, IV,II IV-

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 14 Dr. Daisy Changmai & Monmi Gohain

AIII in the Indian Constitution. Violence against women becomes a major subject of concern for international legal and
policy framework which obliges the state parties to take appropriate measures – legal or other measures to ensure
protection to women against all kinds of violence and respect their dignity and integrity. There are various other
legislations both domestic and international that aim at achieving gender justice through women empowerment.
Considering the importance, the researchers attempt to find out the authenticity of the empowerment in the prevailing legal
regime and the role of the civil society to ensure overall empowerment to the women community as well. Hence, the aim of
this paper is to look into the actual idea of women empowerment in our country and how is it fulfilled by the established
rules and regulations. In addition to that, the paper also aims at giving out apparent solutions to ensure the status quo for
women in society.

RESEARCH METHODOLOGY

The researchers have incorporated mainly doctrinal methodology in preparing the paper. The research is analytical which is
based on critical analysis of the existing state of facts and information available. Source of data is secondary based on
different reports and statistics of prominent investigative agencies published from time to time. However, researchers have
also relied on the study on legal articles, legal journals and internet archives, etc.

Empowerment of Women in India: A Conceptual Analysis

The concept of empowerment of women in India is not a new concept. Several steps are being taken by the government as
well as non-governmental institutions towards the empowerment of women. At this juncture, it is essential for us to
understand the concept of empowerment. Empowerment can be defined as the phenomenon through which the vulnerable
and defenseless can gain greater control over their lives and the entire decision-making process. It also means a change in
the thinking of the people and the changing the circumstances of the society.IV

Various Aspects of Women Empowerment in India

Women empowerment does not mean the exclusion of women as a different class of people in society. It means
taking women to be at par with men and reducing the notion of patriarchy present in our country. So, there are various
aspects of women empowerment which is given as under:V

 Empowerment of women from a human rights perspective: By the virtue of being a part of society, women
have equal rights with men.

 Empowerment of Women from a social perspective: It emphasizes the gender disparities that women faced in
society which need to be curbed down so that there can be social upliftment of women.

 Empowerment of women from an educational Perspective: This highlights the awareness and education of the
womenfolk in the society so that we can ensure equal participation of women in the society.

 Empowerment of Women from a legal perspective: This emphasizes the formation of an appropriate legal
structure and implementation of the established provisions. Women should be made aware of the available legal
provisions.

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 Empowerment of Women: A Reality or A Myth 15

 Empowerment of women from an occupational perspective: In this regard, equal opportunities have to be
given to the womenfolk as well. There should not be any discrimination in the nature of work and payment
facilities.

 Empowerment of Women from a political perspective: Taking part in the politics of a country is very
important to women in terms of empowerment. So, there should be the formulation of a suitable legal system that
can ensure women's involvement.

Empowerment of Women in India: A Legal Analysis

The Constitution of India assures empowerment of women by means of various guarantees in it such as the prohibition of
discrimination on the basis of sex,VI equality of opportunity in employment,VII equal remuneration with the male
counterpart for equal work,VIII equal participation in the decision-making process, one-third reservation in the election of
local bodies, IX etc. Moreover, the State machinery is directed under the Constitution to take measures to secure adequate
means of livelihood for women equally with men,X just and human conditions of work and maternity reliefXI, so on and so
forth. Additionally, Indian Constitution giving special privileges to women and children empowers the State to make
special provisions for themXIIand also imposes an obligation on every citizen of India to promote harmony and
renunciation of derogatory practices towards the dignity of women.XIII

To maintain the focus of the constitutional objectives, the Government of India has passed a considerable number
of laws for safeguarding women from their abode to the workplace. But, in spite of these efforts, the womenfolk of our
country are not secured. This is a question that needs to be answered in the due course of time. There must be some lacunae
that prevent such provisions to reach the women which is not yet gone from our society and which needs to be addressed.

Some of the Recent Cases Respecting Dignity of Women

Right to be Forgotten and Dignity of Women
Right to be forgotten is a new concept applied in sensitive cases affecting the modesty and reputation of the women
particularly. This right is generally functional in cases involving women. In India, the right to be forgotten is recognized in
Sri Vasunathan v. Registrar GeneralXIVcase, where the petitioner had prayed under Articles 226 and 227 of the Constitution
before the Court for the removal of the name of his daughter from the digital records maintained by the High Court in a
judgment. The petitioner urges the court that the judgment of the Court might reflect in the public domain along with her
name which would be detrimental to her reputation in society and also her relationship with her husband. The Karnataka
High Court sustained the right, in this case, set an example of its goodwill towards the dignity of women fraternity. This
right permits an individual to request for the removal of his/her personal information/data online to the extent that it is not
visible for search engines like Google and Yahoo.XV

Right to Reproductive Choice or Sexual Autonomy

The Apex Court in the case of Suchita Srivastava v. Chandigarh Administration XVIopined that under the broader
ambit of right to life and personal liberty, the reproductive choice of women is an important facet that entitles a woman's
autonomy in participation in sexual activity and beget or not to beget child out of their married relationship. XVII

Triple Talaq is Unconstitutional

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 16 Dr. Daisy Changmai & Monmi Gohain

The Supreme Court of India Shayara Bano v. Union of IndiaXVIII held that the practice of triple talaq is
unconstitutional as it violates the right of Muslim women and also raises issues of gender equality and human rights. As a
result of this landmark judgment, the Parliament of India passed the Muslim Women (Protection of Rights on Marriage)
Act, 2019 in July.

Entry of women in Sabrimala Temple

In Indian Young Lawyers Association v. State of KeralaXIX, the Apex Court by a majority on 28th September 2018
upheld gender equality in the worship of God and held that the age-old temple practice of excluding women age group of
10-50 years only on the ground of biological differences is unconstitutional and violated fundamental rights under Art. 14
and 25 of the Constitution of India.

Interference with the freedom of matrimonial alliances is unlawful

The Supreme Court judgment in Shakti Vahini v. Union of IndiaXX is a significant one as it gave direction to the
Centre and States to curb the practice of honour killings. The Court directed the Khap panchayat not to take law in hand
and assume the character of a law implementing agency as they are just community-based assemblies. The Honourable
Court further held that preventing any consenting adults from marrying by the Khap panchayat is illegal.

Factors of Women Empowerment in India

Empowerment of women is a very subjective concept. It depends on the type of society that we live in and on the
mindset of people how they perceive the concept of women empowerment. It also depends on the sociocultural factors of a
particular society. Ample opportunities should be provided to the womenfolk in order to get themselves empowered. This
responsibility is on the government as well as the common people to pave the way for women's empowerment. In the
context of our country, the state of society that we live in has a major role to play in achieving the goal of empowering and
strengthening the women population. Among many, the following are some of the factors which if adhered to can help the
idea of women empowerment in our country:

 The right of making life decisions: Women have the right to make their own life decisions by the virtue of being
a woman. This cannot be snatched away from them. So, the ability to make good life decisions will help in
strengthening the position of women in society.

 The right to move freely in society: Freedom of movement is granted by our constitution of India as a
fundamental right, but the enjoyment of the same should not be a biased affair. This freedom should be available
to women as a whole. This will help the women to be self-dependent.

 Educational Facilities: The constitution of India also grants the right to education, but the idea of women
empowerment cannot be achieved unless and until adequate facilities are provided to them for seeking a proper
education. This also requires adequate support from the government as well as the common public.

 Empowerment Opportunities: Women empowerment remains a myth if the convenience and the possibility of
the same are not provided. This is only possible if ample participation in all spheres of society is provided to the
women.

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 Empowerment of Women: A Reality or A Myth 17

 Political Participation: Participation of women in the political system of our country is very important in the
present scenario in order to vouch for the empowerment of women and to emerge as an unsuppressed class of
society. So, the representation of women in every stage of politics should be encouraged.

Hindrances To Women Empowerment

The researcher perceives the following notions as a hindrance to the empowerment of women

 Social Norms and family responsibility: Social norms are socially derived and man-made collective rules for
shaping the behaviour of human beings but when these norms become harsh, it leads to sufferings, coercion, and
other deprivation of liberty. A girl in our society from her childhood is bound to prioritize family honour and if
she fails to do so, social norms blame her.

 Poverty and economic Suppression: Many a time, the poor economic condition of a family deprives a woman of
her basic living standards, access to education, health, and life expectancy, etc.

 Lack of Adequate Information about rights and safeguards: Lack of legal literacy is a common problem among
women with both having basic education and uneducated.

 Lack of Change in the perception of the society: Unchanged social psychology even among the educated masses
in fear of social norms many a time leads to gender-based violence.

 Crime against women in India: Continuity of crimes against women in various forms put the women community
in deep fear of insecurity and helpless condition. All these phenomena restrict the free movement of women in
society and in getting a job which ultimately results in economic impairment.

Why do We Need Women Empowerment?

Undoubtedly, the central Government as well as the state Government strives to empower the women of India by enacting
stringent laws as well as schemes from time to time. But in real life, women are discriminated against and marginalized in
every way in society whether it is a matter of participation in different segments of life or their education or about
healthcare. Reportedly, a few women are engaged in services and other activities which on the other hand leave an
impression of poor economic condition and illiterate position of women in India and it results in a huge barrier in their way
to stand at par with the male counterpart. Hence, these factors strongly recommend the empowerment of the women
community in the true sense.XXI

Women empowerment although asserts significant importance, truth is something inverse to it. Gender disparity is
still deep-rooted in every society. Even at the age of civilization, they are denied access to basic amenities like education,
health, etc. As per statistics of the World Health Organisation, almost 35% of the women worldwide experienced various
types of violence be it sexual violence, domestic violence, forced sex, human trafficking, street-based violence, bullying,
and cyber-harassment through unwanted emails, offensive massages, so on and so forth. India is not an exception to it.
Even after the fatal night of 16th December 2012, the rate of offenses against women neither decreases nor is slowing
down. We have witnessed many such incidences which shattered the nation. Some of the notable rape cases are –

Mumbai gang-rape case, 2013

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 18 Dr. Daisy Changmai & Monmi Gohain

In August 2013, a 22-year-old photojournalist was gang-raped by five persons including a juvenile when she along with a
male colleague went to the Shakti Mills compound on an assignment.

Unnao rape case, 2017

A 19-year-old girl was gang raped in Unnao, Uttar Pradesh by a BJP lawmaker along with another 11 people. The case
came into the limelight when the survivor tries to commit suicide in the court premises by burning herself on account of
getting intimidation and life threatening from the alleged offenders.

Kathua Rape Case, 2018

Asifa Banu, an 8-year-old girl was abducted on 10th January 2018 and kept in captivity for four days in a village temple
and the minor girl was gang raped and murdered.

Gang-rape of veterinarian Priyanka Reddy, 2019

This is another shocking incidence of rape and murder cases in the Indian crime record. A 26-year-old veterinarian doctor
from Shamshabad in Hyderabad goes missing when she returns from her clinic on 27th November 2019. The next day
morning her body was found in the outskirts of Hyderabad partially burnt. She was raped, smothered, and burnt by the four
alleged persons.

The crime rate against women is shockingly rising day by day. The annual report of the National Crime Record
Bureau reveals a very poor picture of combating crime against women. The following tables show an analysis of crime
scenario in India.

The statistics depict that nothing has changed in the recent years. In fact, there has been a dreadful increase in rape
cases since 2013-2018. However, the above figure in the chart is based on the reported cases. There are still more numbers
that go unreported.

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 Empowerment of Women: A Reality or A Myth 19

The state of Assam which is usually recognized as a safe zone for women shows a gradual increase in crimes
against women, but, some of the incidences in the recent past literally smash the image of the state. As per the government
report, 6528 cases have been registered in Assam from April 2016 to October 2019. However, in the years 2017 and 2018,
Assam set the record of crime against women when the rate becomes 143.3 against the national record and 31% spurt in
cases of rape in 2018 compared to the previous year. Some of the significant cases of Assam –

Bornali Debbarma’s rape case 2002

A minor girl named Bornali was abducted from a travel agency on the night of July 12, 2002 in Guwahati, Assam,
and was raped and later on, her body was thrown into a septic tank.

Arnamai Bora rape case, 2017

On May 31, 2017, a 58-year-old Arnamai Bora, the Head Master of a village school was raped by two persons
who dumped her body in the river Kopili.

Batadrava gang-rape case, 2018

A 13-year-old girl was raped by the accused along with his two minor partners and later the victim was burnt alive
by pouring kerosene on her.

Tezpur gang-rape, 2020

On 28th February 2020, in Biswanath District, Assam, a 12-year-old girl was kidnapped and raped by seven minor
boys and was then hung from a tree.

Hence, it is apparent that even though we are talking about empowerment, women are still suppressed under the
male-dominated society. Nothing seems to be working when it is about gender equality or women empowerment. In a
country with the largest economy like India, women have to suffer different kinds of annoyance like witch hunting, honour
killing, bride burning, etc besides rape and sexual harassment.

To Empower Women in the Purest Sense in India

The researchers felt that,

 Only the effort of the government will not suffice, the society should give an appropriate atmosphere to the
women so that the women have an inclination to their own empowerment by taking part in the social, political,
and legal developments with a feeling of equal status.

 A sense of independence should be developed in the mindset of women which will come through not only by
proper education but also by taking certain skill development programs which will help women to take care of
themselves.

 The issue of gender inequality should be curbed from our society giving women equal preference in all sectors of
life. Reservation to women in various spheres of society is essential but along with it, thinking that women is no
less capable than men is necessary.

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 20 Dr. Daisy Changmai & Monmi Gohain

 More effort is needed on the part of the government as well as the general public to upgrade the well-being of
women when they go out for seeking education, for a livelihood, and various other participations of the
society.XXII

 Changes in Institutions and systems – it is very important that the present system of institutions (family,
community, state, market, law, etc.) in the society have to be changed that reproduce unequal power relations
among different genders. XXIII

Why not Strict Laws in Both International and Domestic Sphere to Curb the Problem?

Protection of women against all kinds of torture or discrimination is the major policy goal of all international laws on the
rights of women. Starting from the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW)
including the Optional Protocol to the CEDAW, Beijing Convention, the number goes never-ending. But what about the
outcome of all these laws and their recommendations? Do the state parties get the expected result by rectifying the
obligations? The answer might not be affirmative. Also, there might be a question upon the proper domestic
implementation of the international laws in our country concerning women.

In India, after the ‘Nirbhaya case’, the government pledge for a ‘zero tolerance’ policy on violence against
women, as such legal reforms were implemented, punishment against such crime was made harsher, but the statistics say
the complete opposite to it. About 90 rape cases are reported everyday in India which means a woman is raped every 20
seconds. Even the Survey of 2018 by Thompson Reuters Foundation held that the maximum number of sexual violence
cases committed in India as such making it the most dangerous country in the world for women.XXIVSo, the main question
at this hour is that why, despite having such stringent laws, crime against women is rising in India?

There may be several reasons behind rampant cases of rape in India. Firstly, we may blame the slow addressing of
the legal system in sexual assault and rape cases. It is because of the poor rate of conviction in most cases. In this
connection, we can take the glaring example of the ‘Nirbhaya case’ which took seven years three months to hang the
victims to death. The National Crime Record Bureau reveals the data of conviction by the courts in 2017 is just 32% which
goes low at 27.2% in 2018. There are approximately 133,000 pending cases in the different courts till date.

The following diagrams show the comparative result of the year 2017 and year 2018 on number of reported cases,
solved cases, conviction, and pending cases.

Figure 2

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 Empowerment of Women: A Reality or A Myth 21

Secondly, rape survivors and witnesses are often struggling to be taken into faith by the police or medical
professional or even in courts. They have to face sensitive as well as humiliating questions during the investigation as well
as during prosecutions.

Thirdly, the safety of the rape victims and witnesses becomes a big question as they get very little protection from
revengeful and life-threatening attacks. Sometimes, even social activists and women workers also get threatened by rape
and death. Under such a terrifying situation, many a time witnesses prefer to become hostile.

Fourthly, sometimes, state agencies or law enforcement agencies indulge in the sexual assault which results in a
more pandemic situation in women's safety. We can state several such examples, namely alleged mass rape by Indian
Armed Forces in Jammu and Kashmir and recent incidences of sexual assault by police personnel in Jamia Milia
University during the protest of CAA.

Fifthly, delayed justice and lack of assurance of imposition of punishment to the perpetrator lead to psychological
stigma among the victims and their families.

Lastly, studies reveal that many victims are not willing to register their cases as they could not face the social
humiliation, because it seems that whenever a rape case is registered our society first raise question on the character of the
victim and her outfits.

Does the Role of Civil Society End in Candle March?

As we know, civil society denotes a group of people or an organization working outside the government authority,
but for the interest of the citizens. We feel there is a significant role to be played by civil society in order to combat the
crime against women beyond candle marching for peace of the soul of the victim.

In order to empower the women in the true sense, for greater cooperation and commitment towards equality and
justice, here begins the role of civil society. Their role may be two-folded – one, they may be the bridge of connection
between the people who are victims and the decision-making authority. Secondly, they may advise the law enforcing
agencies as they represent the voice of those neglected masses.

In India, gang-rape of the national capital set the trend of public outrage in brutal offence against women. A
public protest may create pressure over the ruling government, but civil society may hold the public hearing to form their
opinion which may be constructively represented by them before the government.

Moreover, social awareness is another important task to be performed by civil society as well as non-
governmental organizations. They can make society more sensitive about the psychological and mental trauma undergone
by the rape survivors and also encourage them to support the victims. If society stands as a barricade against those evil
masses, every perpetrator might think twice before taking such an inhuman action.

So, only representing a sense of grief through demonstrations and other means after the crime is already
committed against the women will not be of much help. Efforts should be made which will prevent any sort of crime to be
committed against the women because, in the end, it is the women who suffer. The role of society never ends in candle
march, but it lies much beyond that. Amicable efforts have to be taken both on the part of the government and the common
people for bringing a change in society. People are with the conception that sudden amending of laws will bring women

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 22 Dr. Daisy Changmai & Monmi Gohain

empowerment. The concept of women empowerment has to be achieved in the due course of time through the proper
implementation of already existing laws and if required bring up new laws.

CONCLUSIONS

From the above analysis, it is seen that the concept of women empowerment in India is indeed dependent on
various factors like education, social status, political participation, etc. It can never be denied that there are certain policies
that are taken up by both the Central and State governments to achieve the idea of women’s empowerment, but the
question of concern at this juncture is that there is a drastic void between the policies which are laid down on paper and the
implementation mechanism of the same. As a result of that, in spite of having stringent punishments for crimes against
women, there is no deterrent effect on the people who are continuously committing heinous crimes against women in our
country. So, it is essential that the society itself takes up the activity of setting up an atmosphere where women can feel
empowered. This will help the women to make good choices for themselves and will develop their interests in the activities
of the society and will have a sense of equality. There is also an urgent need to curb the gender inequality which persists in
our society. The suppression and oppression of women in all walks of life in the name of gender should be eliminated at all
levels. The real development of the country lies in empowering the women of our country. So, it is felt that our constant
effort as a woman, as government, and as a civil society can make women empowerment not a myth but a reality in our
society.

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 Empowerment of Women: A Reality or A Myth 23

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