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4. National Policy for the Empowerment of 14. The Criminal Law (Amendment) Act, 1983
Women, 2001 15. The Factories (Amendment) Act, 1986
The Government of India has addressed the 16. Indecent Representation of Women (Prohibition)
issue of empowerment by consolidating all Act, 1986
programmes for women under the National Mission of 17. Commission of Sati (Prevention) Act, 1987
Empowerment of Women (NMEW). The mission of 18. The Protection of Women from Domestic
NMEW is to "enhance economic empowerment of Violence Act, 2005
girls and women through skill development, micro Judicial Initiatives
credit, vocational training and entrepreneurship." In The Supreme Court of India is heading
2001, the Government of India passed the National towards a right direction in cases of gender equality.
Policy for the Empowerment of Women. The policy The Apex Court interprets Constitutional provision in
focuses on "the advancement, development, and favour of women. Whenever there is an anti-women
empowerment of women." Specifically, the policy legislation, rule or order of the government or any
focuses on ending gender inequality and violence other agency then the Court comes into picture to
against women. The United Nations has also rescue the rights of women. The judicial decisions
encouraged empowerment among India women by rendered by the Indian Courts depict the active role
campaigning to end violence against women in India. played by the judiciary to protect women from
The Department of Women & Child Development in exploitation at a stage where legislations are
the Ministry of Human Resource Development has uniformed due to lack of adequacy of enforcement
prepared a “National Policy for the Empowerment machinery. In protecting the women, the Indian
of Women” in the year 2001. The goal of this policy is Judiciary has removed all the procedural shackles
to bring about the advancement, development and and has completely revolutionised constitutional
empowerment of women. litigations. The judiciary has encouraged widest
5. 'Beti Bachao, Beti Padhao' Programmes possible coverage of the legislations by liberal
In order to end discrimination against the girl interpreting the terms. In Municipal Corporation of
18
child on Prime Minister PM Modi launched twin Delhi v. Female Workers (Muster Roll) the Supreme
programmes of "Beti bachao, beti padhao" and Court extended the benefits of the Maternity Benefit
"Sukanya Samriddhi account" in a bid to encourage Act, 1961 to the Muster Roll (Daily Wagers) female
birth and education of girls and tackle the abysmally employees of Delhi Municipal Corporation. In this
low child sex ratio of 918 girls for 1000 boys. PM case, the Court directly incorporated the provisions of
launched the two schemes from Panipat in Haryana Article 11 of CEDAW, 1979 into the Indian Law. In
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that has among the lowest child sex ratio in the Chairman, Railway Board v. Chandrima Doss , the
17
country (837 girls to 1000 boys). Supreme Court awarded compensation of 10 lakhs to
Under Sukanya Samridhi Yojna (girl child an alien woman under Article 21 of Constitution, who
prosperity scheme), girl children below 10 years will has been a victim of rape. In Municipal Corporation of
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have bank accounts with more interest and income Delhi v. Female Workers , the Supreme Court held
tax benefits. The campaign will be initially that a just social order could be achieved only when
implemented in the 100 districts, including 12 in inequalities are obliterated and women, which
Haryana, and across the country where the sex ratio constitute almost half of the segment of our society,
is rather poor. are honoured and treated with dignity. In Vishakha v.
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The Crimes identified under the Special Laws State of Rajasthan , the Supreme Court took a
Although all laws are not gender specific, the serious note of the increasing menace of sexual
provisions of law affecting women significantly have harassment at workplace and elsewhere. Considering
been reviewed periodically and amendments carried the inadequacy of legislation on the point, the Court
out to keep pace with the emerging requirements. even assumed the role of legislature and defined
Some acts which have special provisions to safeguard sexual harassment and laid down instruction for the
women and their interests are: employers. In Apparel Export Promotion Council v. A.
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1. The Employees State Insurance Act, 1948 K. Chopra , the Supreme Court found all facets of
2. The Plantation Labour Act, 1951 gender equality including prevention of sexual
3. The Family Courts Act, 1954 harassment in the fundamental rights granted by the
4. The Special Marriage Act, 1954 Constitution.
5. The Hindu Marriage Act, 1955 Political Empowerment
6. The Hindu Succession Act, 1956 with The term 'political participation' has a very
amendment in 2005 wide meaning. It is not only related to 'Right to Vote',
7. Immoral Traffic (Prevention) Act, 1956 but simultaneously relates to participation in decision
8. The Maternity Benefit Act, 1961 (Amended in making process, political activism, political
1995) consciousness, etc. Political activism and voting are
9. Dowry Prohibition Act, 1961 the strongest areas of women's political participation.
10. The Medical Termination of Pregnancy Act, The concern for women‟s political equality in
1971 India first emerged as a political issue during the
11. The Contract Labour (Regulation and Abolition) national movement in which women were active
Act, 1976 participants. As early as 1917, Indian women raised
12. The Equal Remuneration Act, 1976 the issue of representation in politics, which at a time
13. The Prohibition of Child Marriage Act, 2006 meant a demand for universal adult franchise. By
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1929 women had the right to vote on the basis of reservations and the electoral strategies perceived to
wifehood, property and education. Under the be behind the Bill, continues to be a contentious issue
Government of India Act, 1935, all women over 21 even among those strongly committed to the cause of
could vote provided they fulfilled the conditions of women‟s empowerment. However, the Rajya Sabha
property and education. Post-Independence, women on March 9, 2010, took a „historic and giant step‟ by
continued to play a significant role in less voting (191 for and 1 against) to amend the
conventional political activities such as environmental Constitution, providing one-third reservation in
movement, anti-alcohol agitation, peace movement Parliament and State Assemblies for women. Till
and even revolutionary activities, which equally affect today bill is not passed by the Lok Sabha and ratified
power relationships as they have the capacity to by onehalf of the states before it comes into effect.
influence the state. Yet, politics proved to be a very Assuming that the Women‟s Reservation Bill gets
inhospitable terrain for women and continues to be signed into law, how will it work on the ground? If
the male bastion into which the entry of women is women gain control of one-third of the seats in the
severely restricted. Transforming the existing Lok Sabha and the State Legislative Assemblies,
egalitarian pattern of gender relationships what will be its effect on their male counterparts? How
necessitates leadership in the state, markets and civil will rotation of seats work in practice? Who decides
24
society-the key centres of power in the present which seat will go to women?
globalising economy. It is, therefore, imperative for To combat gender inequality in politics,
women to be in the corridors of power and have the the Indian Government has instituted reservations for
power to negotiate a better deal for themselves, if seats in local governments.Women turnout during
they are to influence policy decisions which have an India's 2014 parliamentary general elections was
25
impact upon them. Empowerment of women in all 65.63%, compared to 67.09% turnout for men. India
spheres, in particular the political sphere is critical for ranks 20th from the bottom in terms of representation
26
their advancement and the foundation of a gender- of women in Parliament.
equal society Involvement of women in the political The 73rd and 74th amendments to the Indian
arena and in decision-making roles is an important Constitution in 1992 and 1993 provided for 33 per
tool for empowerment as well as monitoring standards cent reservation for women in panchayats and urban
of political performance.” The application of the local bodies. These amendments, as a strategy of
philosophical underpinnings of Jakarta Declaration is affirmative action, served as a major breakthrough
necessary, because in the countries where women towards ensuring women‟s equal access and
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have gained near equal representation such as in the increased participation in political power structures.
Scandinavian countries, they have begun to alter the As in January 2015, India, the world's largest
23
very nature of politics. democracy, has only 65 women representatives out of
Taking this whole question to its logical 542 members in Lok Sabha, while there are 31 female
conclusion, the demand gathered momentum and the representatives in the 242 member Rajya Sabha and
question of quotas came up again in 1995. This time hence presently the proportion of seats in National
the focus was on women in Parliament. Initially, most Parliament held by women is only 12.24% against the
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political parties agreed to introduce 33 per cent target of 50%.
reservation for women in Parliament and State In a country like India where society is still
Legislatures and in order to attract women voters, the patriarchal and most women are supposed to be
1996 election manifestoes of almost all the political dependent on their family, how can 33 per cent
parties echoed this demand. But soon doubts gender quotas, as granted by the Constitution of India
surfaced. When the Bill addressing this issue was at grassroots level (local political institutions) after the
introduced in the Eleventh Lok Sabha in 1997, several 73rd amendment in 1992, empower women? The
parties and groups raised objections. The objections participation of women in the local government
focused around two main issues: first, the issue of institutions of India is, often described as being
overlapping quotas for women in general and those surrounded by different obstructing factors and many
for women of the lower castes; second, the issue of scholars have used the notion of proxy women as an
elitism. The Bill was first introduced by Dev Gowda interpretation of elected women with only formal
led United Front Government. But persistent demands power. Here it can be argued that the presence of
for a sub-quota for another backward classes and women is not necessarily identical with participation
minorities resulted in its being referred to a and empowerment.
Parliamentary Committee headed by Gita Mukherjee, Several studies reveal that reservation itself
which recommended its passage, rejecting the cannot bring empowerment of women unless there is
demand for sub-quotas, despite differences among a positive change in the social structure and mind-set
members on the various issues involved. The demand of the people. One of them is Sekhon´s (2006) study
for sub-quotas for OBCs and minorities is seen, again which explores women„s participation in panchayats
to be merely a way of stalling reservation for women; with an analysis located in feminist politics and
there are no instances of political parties having such participatory democracy. It is a theoretical study in
quotas in their own cadres. The Bill has already been which the author analyses the role of social
introduced five times, but is stalled each time. movements engaged in participatory action research,
The ugly scenes witnessed in Parliament at training, advocacy, and networking with and for
the time seem to indicate a devaluation of the agenda women at grassroots level. She argues that
of women‟s empowerment. Sex as the basis of reservations alone is not adequate because women
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are constrained by a variety of social, cultural, every girl child born after April 1, 2015, for next 14
economic, and political factors, for instance traditional years. “The funds for baby girl will directly go to her
gendered believes of the role and position of women bank account and at reaching 21 years, she would
in family and community, caste and class inequalities, receive around Rs 6.5 lakh,” The government also
lack of education, and lack of legal knowledge. She announced „Aasra‟ (help) scheme for 50000 widows
argues that the government of India in principle and destitute women of the state. Allocating Rs 100
recognized, some of these limitations when it crore annually under Aasra insurance-cum-saving
introduced the reservation of 33 per cent of seats in scheme, in which government would open zero
panchayats for women, but later both the government, balance saving accounts for widows or destitute
and especially women„s and other non-government women with no source of income. “These accounts
organizations, realized that more research, training, come up with life insurance cover of Rs 25,000, an
networking, and advocacy were necessary at the accident cover of Rs 25,000, sickness and disease
local, state, national, and international levels to enable cover of Rs 5000 and maturity/survival benefits of Rs
effective participation. She argues that the Indian 25,000 after five years.” The government also
social structure is patriarchal, and where women are proposed to exempt baby diapers, adult diapers and
not fully educated and dependent on their family female sanitary napkins from VAT to improve
members, thus they cannot take part in decision personal hygiene of women folk. This means
making process with full freedom. Moreover they can “Women empowerment and emancipation will be
get a political position by reservation but may work inconclusive without addressing the health and
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merely as proxies for their husbands or other family medical issues of women.”
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members. Conclusion
Further studies reveal that women elected on The legislative and judicial initiatives have
quotas face many difficulties during their participation placed the women in a better place in the society. Yet
in governmental bodies. For example, Kaul and Sahni the woman in India has to go for miles to achieve cent
(2009), in their study analyses the level of elected per cent empowerment. On the basis of the above
women representative‟s participation in panchayat literature three main conclusions may be drawn: The
and the difficulties faced by them. They have judged first, reservation itself cannot bring empowerment
the participation of elected women members on the because women are constrained by a variety of
basis of meetings attended by women members in social, cultural, economic, and political factors.
panchayats, decisions taken by these women Second, the gender quota or women„s reservation has
members and freedom of speech in panchayats. The yielded mixed results. According to this theory after
authors also revealed the motivations of women the introduction of gender quotas women have
members behind contesting elections, problems faced become more independent in decision making
by them during participation in panchayats and their process but still they have to face many difficulties in
ways to overcome those problems. Their findings the course of their participation. Women still face
illustrates that neither the reservation for women nor opposition from villagers and their male counterparts
their actual presence in the panchayat have helped in in Panchayats. Third, reservations have had a good
addressing the problems associated with the common impact on women„s empowerment as women have
village women. They argue that the elected women become more visible and confident and have had the
are not always treated with due respect and that many opportunity to work for more women-friendly laws.
elected women complained that their suggestions It can be stated that the reservation for
were not seriously considered and that sometimes women can be an important impetus to women„s
they were even not consulted in the decision empowerment in India on village level but that it is not
30
making. a guarantee for the participation of the elected
Political representatives need to take certain women. It can be noted that there are more
innovative and focused measures for empowerment restraining than facilitating factors for the entry and
of women and one such example is of PDP-BJP participation of women in political arena, and it is
collation government‟s maiden budget presented by equally interesting to find out that the restraining
Finance Minister Dr. Haseeb A Drabu in the factors are so many and so diverse. Steps are being
Legislative Assembly which launched few schemes taken to overcome these hindrances, but it is a very
for women empowerment. The budget proposes time-consuming process. A structure, which has been
introduction of many women-centric schemes with a created over centuries, cannot be dismantled within a
provision of Rs 135 crore allocations. As a step short span of time. To expedite and speed up this
towards empowerment of women, the government process it is essential to implement some
proposes to provide financial assistance to girl child supplementary policies which encourage the self-
right from her birth—beginning initially in six districts confidence of women, build women„s capabilities and
having adverse sex ratio. Expressing concern over remove operational obstacles. There is a need to
declining sex ratio in the state, Drabu said, “According change many aspects of the existing gender relations,
to the census of 2011, J&K has exhibited a fall in the power distribution and to take hard decisions
sex ratio to 889 and more alarming is the child sex concerning power-sharing. While it cannot be claimed
ratio in 6 to 10 age group where it has shown a very that women are categorically empowered though
rapid decline.” Stressing on financial security to a girl these reservations, it cannot be denied that they have
child, he allocated Rs 35 crore for 2015-16 financial gained a certain extent of authority and confidence as
year to contribute Rs 1000 per month on behalf of a direct outcome of the quota. In this respect it
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appears that the quota can be a feasible tool for the 4. Nussbaum, Martha C. (July 2005). "Women's
political empowerment of women. Bodies: Violence, Security, and
To overcome issues of discrimination and Capabilities". Journal of Human
violence, women's organizations have focused on Development 6 (2): 173–174
the empowerment of Indian women. While 5. International Center for Research on Women;
denouncing the female foeticide, recently, Prime UN Women (2012). "Opportunities and
Minister PM Modi launched a nationwide 'Beti Bachao Challenges of Women's Political Participation in
Beti Padhao' (save girl child and educate her) India: A Synthesis of Research Findings from
campaign from Panipat, Haryana where the sex ratio Select Districts in India". Retrieved 27
is very adverse. While launching the scheme Prime March 2014
Minister said "We cannot call ourselves citizens of 6. Mohan, Shantha et al. "Women and Political
21st century by practising such a crime - we are Participation in India". International Women's
worse than people in the 18th century when newly Rights Action Watch Asia Pacific. Retrieved 23
born baby girls were drowned in a bowl of milk. At April 2014
least they allowed those girls to see their mother's 7. Chhibber, Pradeep (2002). "Why are Some
face, see the world for a few moments. We do not Women Politically Active? The Household,
even allow that because we do not even let them be Public Space, and Political Participation in
born". India". International Journal of Comparative
J&K government‟s initiative of providing Rs Sociology 43(409)
1000 per-month for newborn girl for 14 years; „Aasra‟ 8. Mangubhai, Jayshree (12–13 November 2009).
scheme for widows is a welcome step towards "Obstacles to the Effective Political Participation
empowerment of women and such best practices of Dalit Women". United Nations Second Forum
need to be followed by other states as well. on Minority Issues
Empowerment is tied to the support of family 9. "India tops in adult illiteracy: U.N. report". The
and improved status within the household, which is Hindu. 29 January 2014. Retrieved 23
undermined by the threat of domestic and sexual April 2014.
violence. Socio economic conditions, such as poverty 10. Census of India. "Literacy and Level of
and illiteracy, prevent the entrance of women into Education". Government of India. Retrieved 23
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understand the rules of Panchayat Raj undermines 11. Dubey, Mukta; K. Ramesh (June 2012). "How
the self-confidence to participation in public office. did women vote in Lok Sabha election 2004? Do
Empowerment of Indian women can also women participate less in politics?". International
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renegotiating gender roles, the gender division of Research 1 (6). Retrieved 23 April 2014
labour and addressing biased attitudes." Women can 12. Nussbaum, Martha C. (2004) “Women’s
also be empowered to participate by family, and when Education: A Global Challenge”. Signs 29(2) :
familial support is present they are more likely to run 325-355
for office. 13. Ibid
The legislations, which take care of rights 14. Teltumbde, 1996, 2000, 2004; Throat, 2001,
and privileges of women, are numerous, but due to 2002; Nancharaiah, 2002
ignorance and illiteracy those legislations cannot be 15. Gender and Human Development, Human
properly enforced. The plethora of Indian Legislations Development Report 1995, Published by UNDP,
aims at women empowerment. The judicial decisions p3
rendered by the Indian Courts depict the active role 16. Promilla Kapur, “Empowering the Indian
played by the judiciary to protect women from Women”, Publications Division, New Delhi,
exploitation at a stage where legislations are Preface, 2001.
uniformed due to lack of adequacy of enforcement 17. PM Modi launches 'Beti Bachao, Beti Padhao'
machinery. The legislative and judicial initiatives have campaign, Times of India, Jan 23, 2015
placed the women in a better place in the society. Yet 18. AIR 2000 SC 1274
the woman in India has to go for miles to achieve 19. AIR 2000 SC 988
holistic empowerment. India lags behind on targets for 20. AIR 2000 SC 1274, 1281
empowering women through wage employment and 21. AIR 1997 SC 301
political participation, reducing child and infant 22. AIR 1999 SC 625
mortality and improving access to adequate sanitation 23. Kuldeep Fadia, Women’s Empowerment
to eliminate open defecation. Through Political Participation In India, , Indian
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72