FINAL DRAFT:-

“Changes in the Status of Women in India”

Submitted by:

Aditi Banerjee

2nd Semester

B.B.A. LL.B. (Hons.)

Roll No. 2225

Submitted to:

Dr. Shakeel Ahmed

(Faculty of Sociology of Law)

This Synopsis is submitted in the fulfilment of course in Sociology

of Law

For completion of B.B.A. LL.B. (Hons.) course

Chanakya National Law University, Patna.

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 ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who
gave their support and helped me to complete this project.

First of all, I am very grateful to my subject teacher Dr. Shakeel Ahmed without the kind
support of whom and help the completion of the project would have been a herculean task for
me. He took out time from his busy schedule to help me to complete this project and
suggested me from where and how to collect data.

I acknowledge my family and friends who gave their valuable and meticulous advice which
was very useful and could not be ignored in writing the project. I want to convey most sincere
thanks to my faculties for helping me throughout the project.

Thereafter, I would also like to express my gratitude towards our seniors who played a vital
role in the compilation of this research work.

I would also like to express my gratitude towards the library staff of my college which
assisted me in acquiring the sources necessary for the compilation of my project.

Last, but not the least, I would like to thank the Almighty for obvious reasons.

Aditi Banerjee

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 DECLARATION

I hereby declare that the work reported in the B.B.A. LL.B. (Hons.) Project Report entitled
“Changes in the Status of Women in India” submitted at Chanakya National Law University,
Patna is an authentic record of my work carried out under the supervision of Dr. Shakeel
Ahmed. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

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 Contents
ACKNOWLEDGEMENT ..................................................................................................... 2
DECLARATION .................................................................................................................. 3
RESEARCH METHODOLOGY .......................................................................................... 5
AIMS AND OBJECTIVES ............................................................................................... 5
HYPOTHESIS .................................................................................................................. 5
SCOPE AND LIMITATION ............................................................................................. 5
METHOD OF RESEARCH............................................................................................... 5
SOURCES OF DATA ....................................................................................................... 5
RESEARCH QUESTIONS ............................................................................................... 6
METHOD OF DATA COLLECTION ............................................................................... 6
Chapter 1: INTRODUCTION ............................................................................................... 7
Chapter 2: CHANGES IN THE STATUS OF WOMEN IN INDIA....................................... 8
2.1. ANCIENT INDIA ...................................................................................................... 8
2.2. MEDIEVAL INDIA ................................................................................................. 10
2.3. BRITISH INDIA ...................................................................................................... 12
2.4. INDEPENDENT INDIA ........................................................................................... 12
Chapter 3: PROBLEMS FACED BY WOMEN IN INDIA ................................................. 15
Acid throwing .............................................................................................................. 15
Child marriage ............................................................................................................. 15
Domestic violence ........................................................................................................ 15
Dowry .......................................................................................................................... 16
Female infanticide and sex-selective abortion............................................................... 16
Honor killings .............................................................................................................. 17
Accusations of witchcraft ............................................................................................. 17
Rape............................................................................................................................. 17
Sexual harassment ........................................................................................................ 17
Trafficking ................................................................................................................... 18
Chapter 4: LAWS ENACTED FOR WOMEN IN INDIA ................................................... 19
Chapter 5: LANDMARK JUDGEMENTS .......................................................................... 21
CONCLUSION ................................................................................................................... 23
BIBLIOGRAPHY ............................................................................................................... 25

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 RESEARCH METHODOLOGY

AIMS AND OBJECTIVES

1. To study about the changes in the status of women in India.

2. To study about the problems faced by women in India.
3. To study about the acts legislated for women in India.
4. To study the landmark cases related to women empowerment in India.

HYPOTHESIS

The researcher is of the view that to study the status of women in any society, it becomes
necessary to study the complexity of roles which women perform in society in socio-
economic, cultural, religious and political fields.

SCOPE AND LIMITATION

 The resources on which the researcher resorts for data and information collection is
limited.
 There is time restraint which bounds the researcher.
 And, this research is limited to a particular area.

METHOD OF RESEARCH

 The methodology adopted for this research work is traditional i.e., doctrinal and non-
doctrinal.

SOURCES OF DATA

 The researcher focuses on obtaining information from both the available sources; they
are (1) primary sources of data, (2) secondary sources of data.

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  Primary sources of data include first-hand information available like journals, district
plan goals, etc. and secondary sources include magazines, journals, etc.

RESEARCH QUESTIONS

The study seeks for the answer of following research question.

 What was the status of women during different eras in India?

 What changes have taken place in the status of women in India?
 What are the problems faced by women in Modern India?
 What are the legislative and judicial measures taken for women empowerment in
India?

METHOD OF DATA COLLECTION

 For the purpose of research work, the researcher has adopted doctrinal research
method. In Doctrinal Research Method, the researcher has collected information
through library study, books and through surfing the web.

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 Chapter 1: INTRODUCTION

The position of women reflects the cultural attainment of a society. A major index of
modernization of any society is the position of its women vis-à-vis men. The more balanced
the opportunity structure for men and women, the larger the role women have in the society,
and consequently higher their status. To study the status of women in any society, it becomes
necessary to study the complexity of roles which women perform in society in socio-
economic, cultural, religious and political fields.

The status of women in India has been subjected to great changes over the past years. The
status of women social, economic, political and general- in India today is much higher than in
ancient and medieval periods. Though the status of women has been raised in the eyes of law,
but they are still much far from equality with males. Theoretically the condition of modern
women was high however practically it was low. Women are still exploited and humiliated in
modern Indian society.

The status of Women in India has been subject to many great changes over the past few
millennia. From equal status with men in ancient times through the low points of the
medieval period, to the promotion of equal rights by many reformers, the history of women in
India has been eventful. In modern India, women have adorned high offices in India
including that of the President, Prime minister, Speaker of the Lok Sabha and Leader of the
Opposition.

In this paper, through a sociological and legal study, the status of women in India has been
presented. The paper discusses the changes in the status of women through the ages in
different periods, social problems of women in India, causes of social problems, laws enacted
for women, and some landmark judgements that historically changed the position of women
in India.

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 Chapter 2: CHANGES IN THE STATUS OF WOMEN IN INDIA

The status of women in India has been subject to many changes over the span of recorded
Indian history. Their position in society deteriorated early in India's ancient period, especially
in the Indo-Aryan speaking regions,1 and their subordination continued to be reified well into
India's early modern period.2 Practises such as female infanticide, dowry, child marriage and
the taboo on widow remarriage, have had a long duration in India, and have proved difficult
to root out, especially in caste Hindu society in northern India.3

During the British East India Company rule (1757–1857), and the British Raj (1858–1947),
measures aiming at amelioration were enacted, including Bengal Sati Regulation,
1829, Hindu Widows' Remarriage Act, 1856, Female Infanticide Prevention Act, 1870,
and Age of Consent Act, 1891. Women's rights under the Constitution of India mainly
include equality, dignity, and freedom from discrimination; additionally, India has various
statutes governing the rights of women.4

As of 2018, some women have served in various senior official positions in the Indian
government, including that of the President of India, the Prime Minister of India, the Speaker
of the Lok Sabha. However, many women in India continue to face significant difficulties.
The rates of malnutrition are exceptionally high among adolescent girls and pregnant and
lactating women in India, with repercussions for children's health.5 Violence against women,
especially sexual violence, has been on the rise in India.6

2.1. ANCIENT INDIA

In the ancient Indus valley civilisation of India, evidences show the worship of the mother
goddess. Hence, the veneration for the mother is evident during that period. Education of
young girls was considered as an important qualification for marriage. There are references in
Vedic literature that in the Kshatriya society, brides had exclusive right of selecting their own
1
Dyson, Tim (2018), A Population History of India: From the First Modern People to the Present Day, Oxford
University Press.
2
Ludden, David (2013), India and South Asia: A Short History, Oneworld Publication.
3
Stein, Burton (2010), A History of India, John Wiley & Sons.
4
Parihar, Lalita Dhar (2011), Women and Law: from impoverishment to empowerment, Eastern Book
Company.
5
Narayan, Jitendra; John, Denny; Ramadas, Nirupama (2018), Malnutrition in India: status and government
initiatives, Journal of Public Health Policy.
6
India + Rape and Sexual Assault, Guardian, retrieved 15 August 2019.

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consorts, which was known as ‘Swayamvara’. Sita of Ramayana and Draupati of Mahabharat
married by way of Swayamvara. In Rig Vedic society, dowry system was unknown.
However, the concept of marriage as a dan or gift was prevalent. Monogamy was the general
practice though Bigamy was also in practice, but it was limited to the aristocratic classes.
However, being a patriarchal system, the women were expected to bear sons since the son
performed the last rites and continued the lineage. In this age there was no practice of
divorce.

In the Age of Sutras and Epics, the women held an honoured position in the household. She
was allowed to sing, dance, and enjoy life. Sati was not generally prevalent. Widow
Remarriage was allowed under certain circumstances. The most pleasing feature of this
period is the presence of women teachers, many of whom possessed high spiritual
knowledge. As in all patriarchal societies during that age, the birth of a daughter was
unwelcome.

The Ramayana along with the Mahabharata and the Puranas constitute the epic literature in
India. Sita is regarded as one of the five ideal and revered women in India, the other four
being Ahalya, Draupadi, Tara, and Mandodari. There are references in Mahabharata which
reflects that women used to guide men on religious and social questions. It was expected of a
good woman to cooperate with her husband in religious pursuits.

There is also evidence that women were active in such public economic activities as wage-
labour, as well as serving as temple dancers, courtesans, and court attendants. During the
earlier part of this period, there were highly educated women holding an honourable position
in the society and household. Women also received training in arts, music, painting, and for
some, military training also. Buddhist and Jain nuns renounced the world for the sake of
spiritual salvation.

In Vatsyayana’s Kamasutra, instances of princesses are mentioned whose intellect was

sharpened by knowledge of the Sastras. Women were expected to be educated, to give and to
receive sexual pleasure, and to be faithful wives. The other major dramatic female heroine of
classical Indian literature is Shakuntala, a docile young woman who yearned for her distant
lover in Kalidasa’s “Shakuntala and the Ring of Remembrance.”

Due to a lowering of the age of marriage, girls were not educated as before. This reduced the
position and status of women. Brides being too young had no say in choosing their partners.

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We cannot ignore the contrasting image of womanhood presented in the same Vedic texts of
ancient India. Manusmriti starts with the fundamental principle that women must be kept all
day and night in control by the males of their families. Her father protects her in childhood,
her husband protects her in youth, and her sons protect her in old age; a woman is never fit
for living independently.

There was gradual degeneration in the status of women in India after the Vedic age. Caste
system and ritualism began to take deep root in the lives of common man. Child marriage and
Sati became popular. Education of women, which was an accepted norm during the Vedic
period, slowly began to be neglected and later on girls were totally denied any access to
education.

2.2. MEDIEVAL INDIA

Women were generally considered mentally inferior. Their duty was to obey their husband
blindly. Women continued to be denied the right to study the Vedas. Furthermore, the
marriageable age for girls was lowered, thereby destroying their opportunities for higher
education.

Marriage by mutual love is condemned by Medhatithi and he said that one should marry a
girl who is much younger than himself, she must get married between the age of eight and
achieving puberty.

The practice of Sati was made obligatory by some writers, but condemned by others.
According to an Arab writer, Sulaiman, wives of a king sometimes burnt themselves on the
funeral pyre of their husbands, but it was for them to exercise their option in the matter.
Purdah was not prevalent during this period.

Several Queens of the Kara dynasty ruled in Ores. Sugandha and Didda of Kashmir
administered extensive kingdoms. There were learned women as well as administrators.
Saraswati, wife of Mandanamisra, who acted as an arbitrator in her husband’s disputations
with Sankaracharya, was a learned scholar herself.

During Medieval Period, Muslims appeared in India as a warrior class. Their rule in India is
divided into two Eras: The Era of Delhi Sultanate and the Mughal Era. The only woman who
had ever occupied the throne of Delhi was Razia Sultan. Gulbadan Begum was a woman of

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exceptional poetic talent who wrote Humayun-namah. Nur Jahan and Jahan Ara took an
active part in the state affairs. Nur Jahan was the greatest Muslim queen of India.

India has also produced heroic women such as Chandbibi, who appeared on the ramparts of
the fort of Ahmednagar dressed in male attire; Tara Bai, the Maratha heroine who was the life
and soul of Maratha resistance during the last determined onslaught of Aurangazeb;
Mangammal, whose benign rule is still a green memory in the South, and Ahalya Bai Holkar,
to whose administrative genius Sir John Malcolm has paid a magnificent tribute.

During the medieval period the social life of women underwent great changes. Dependence
of women on their husbands or other male relatives was a prominent feature of this period.
Devoid of avenues of any education, having lost the access to Stridhana or dowry, they
virtually became the exploited class with disastrous results for themselves and the nation.
Indian women were politically, socially, and economically inactive except for those engaged
in farming and weaving. Political subordination includes the exclusion of women from all
important decision-making processes.
With the advent of Muslims in India, the social movement of Indian women was restricted.
They were prohibited to attend public functions and were not free to participate as men
equals in religious functions. Another social evil that existed in society during this period was
child marriage. These child brides were denied all intellectual, physical, and spiritual
development.
The condition of the Hindu widows became more miserable during the medieval period. A
widow was secluded from society and was devoid of any worldly pleasure. Jauhar refers to
the practice of voluntary immolation by wives and daughters of defeated warriors, in order to
avoid capture and consequent molestation by the enemy. The practice was followed by the
wives of defeated Rajput rulers, who are known to place a high premium on honor. The
feudal society of the time encouraged “Sati” which meant self-immolation of the widow. The
Devadasi system was prevalent among the Hindus. Under the Devadasi system women were
the brides of gods. But they were supposed to entertain kings, priests, and even members of
the upper classes.
Bhakti movements which flourished during the medieval age gave rise to a new class of man
and women who cared little for gender bias. Akkamadevi and Mirabai are prominent female
figures of the bhakti movement.

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 2.3. BRITISH INDIA

In colonial India anti-imperialist women’s movement play a significant role for freedom. The
six women participated at the Bombay session of Indian National Congress in 1889. It was
only after that appeal that the Calcutta session of Indian National Congress under the
president-ship of Anne Besant resolved that women should be granted the right of universal
franchise in the elected process of our country meanwhile, women’s organization like Sahi
Samity, (1887) under the leadership of Swarnakumari Devi and Bharat Sree Mandal (1910)
led by Sarala Devi Chowdhurani were formed by the women of the Tagore family.

A significant change came when Gandhi led “Civil Disobedience Movement” of the 1930s,
and “Quit India Movement”. In this movement many women played a remarkable role for
Indian national movement, like Sarojini Naidu, Pravabati Devi, Kasturba Gandhi, Kamala
Nehuru, Jyotirrmoyee Ganguli, Latika Ghosh, Ashalata Devi, Neli Sengupta, Captain Laxmi
Saigal, Aruna Asaf Ali. That time most of the women participate the Indian national
movement which is launched by Gandhi against the British rule, like non-cooperation (1920)
civil disobedience movement (1930) and quit India movement (1942) and the greatest women
freedom fighter Matangini Hazra who sacrificed her life for free India.
British established their rule in India, Modernization began in the 19 th century in India. At the
advent of the British rule, the position of women in India was at its lowest ebb. Sati was
evidently prevalent. Purdah was strictly enforced on Muslim women. Dancing girls had
lucrative professions. Almost all the Hindu temples openly harbored devadasis. The British
rule, no doubt, tried to check all these evils. The British lifestyle began to impress Indians.
The British government took bold steps to reform the caste ridden Indian social order. There
were some enlightened Indians who supported the British attempt to reform the oppressive
social order of India. The first was the abolition of sati by law, on humanitarian grounds. The
natural consequence of the abolition of sati was the recognition of the right of the widow to
remarriage.

2.4. INDEPENDENT INDIA

Revolutionary changes have taken place in the status of Indian women after independence.
Cultural and Structural changes reduced exploitation of women to a great extent and provided

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equality of opportunities to women in various fields. The women have left the secured
domain of their home and are now in the battle field of life, fully armoured with their talent.
Now, there is no arena which remained unconquered by Indian women. Female activists also
united over issues as female infanticide, gender bias, women’s health, women’s safety and
women’s literacy.

In 1966, Indira Gandhi became the first women Prime Minister of India and served on that
post for an aggregate period of fifteen years and became the worlds’ longest serving women
Prime Minister. In the field of politics, women like Indira Gandhi, Jayalalitha, Mayawati,
Vasundhra Raje, Uma Bharti, Shiela Dixit, Mamta Banerjee etc. proved themselves and made
Indian women feel proud. From a time, when there were no women writer in India, today
names like Arundhati Roy, Anita Desai, Kiran Desai, Jhumpa Lahiri, etc. can put any other
writer to Shame. Kiran Bedi, Mother Teresa, Bachendri Pal, Kiran Majumdar, Kalpana
Chawala, Meira Kumar, Pratibha Patil, etc. are those names from different fields which set
examples for others.

Many Women have emerged as leaders of local movements, for example, Medha Patkar of
the Narmada Bachao Andolan. The Government of India declared 2001 as the Year of
Women’s Empowerment. The National Policy for the Empowerment of women was also
passed in 2001. Women are actively participating in the democratic process and elections
which is quite impressive in enhancing their Status.

Today modern women in India are entering into all kind of professions like engineering,
medicine, politics, teaching, etc. They are joining the universities and colleges in large
numbers. In fact, India has the largest population of working women in the world, and has
more numbers of doctors, Surgeons, Professors than the United States.

On one hand women are climbing the ladder of success. On the other hand, they are also
suffering from atrocities of male dominated Indian Society. Let’s now have a look at the
darker side. According to UNICEF’s “State of the World Children-2009’’ report, 47% of
Indian’ s women aged 20-24 were married before the legal age of 18, rising to 56% in rural
areas. The report also showed that 40% of the world’s child marriages occur in India. In
2011, Government stated India was missing three million girls and there are now 48 less girls
per 1000 boys. The gap between the two genders is a direct response to the gender bias within

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India. Men and Women in India have unequal health and education rights. Male education
and health are made more of a priority. So, women’s death rates are increasing.

A 1997 report claimed that each year at least 5,000 women in India die due to dowry
violence. In 2011, the National Crime Records Bureau reported 8,618 dowry deaths.
According to Renuka Chowdhary, former Union Minister of women and Child Development,
around 70% of women in India are victims of domestic violence. 11,332 women and girls are
getting trafficked every year. Rape in India has been described by Radha Kumar as one of
India’s most common crimes against women. In India, acid attacks on women who dared to
refuse a man’s proposal of marriage or asked for a divorce are forms of revenge. The number
of acid attack victims has been increasing.

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 Chapter 3: PROBLEMS FACED BY WOMEN IN INDIA

Patriarchy and gender inequality in society is the main cause of women’s deprivation by way
of health, food and nutrition, more susceptible to mortality and contributing to unbalanced
male female ratio as well as in the sphere of education, employment, wages and that of
political representation. Women are treated by men only as consumers, sex objects or
reproductive machines as a result of which their status in the family and society has been
demoted. Subsequently, this has led to increasing violence and denial of human rights,
liberty, equality, justice.

Acid throwing

A Thomas Reuters Foundation survey7 says that India is the fourth most dangerous place in
the world for women to live in. Women belonging to any class, caste, creed or religion can be
victims of this cruel form of violence and disfigurement, a premeditated crime intended to
kill or maim permanently and act as a lesson to put a woman in her place. The number of acid
attacks has been rising.8

Child marriage

Child marriage has been traditionally prevalent in India but is not so continued in Modern
India to this day. Although child marriage was outlawed in 1860, it is still a common
practice.9 The Child Marriage Restraint Act, 1929 is the relevant legislation in the country.

According to UNICEF's "State of the World’s Children-2009" report, 47% of India's women
aged 20–24 were married before the legal age of 18, rising to 56% in rural areas. 10 The report
also showed that 40% of the world's child marriages occur in India.11

Domestic violence

Domestic violence in India is endemic. Around 70% of women in India are victims of
domestic violence, according to Renuka Chowdhury, former Union minister for Women and
Child Development.12 Domestic violence was legally addressed in the 1980s when the 1983

7
Thomas Reuters Foundation Survey, 15 July 2011.
8
Thakur, Sunita, India’s acid victims demand justice, BBC News, 9 December 2012.
9
Lawson, Alastair, Child marriages targeted in India, 24 October 2001.
10
The State of the world’s Children, UNICEF, 2009.
11
Dhar, Arti, Child marriages in India: UNICEF, The Hindu, 18 January 2009.
12
Choudhary, Renuka, India tackles domestic violence, BBC News, 2006.

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Criminal Law Act introduced section 498A "Husband or relative of husband of a woman
subjecting her to cruelty".13

The National Crime Records Bureau reveal that a crime against a woman is committed every
three minutes, a woman is raped every 29 minutes, a dowry death occurs every 77 minutes,
and one case of cruelty committed by either the husband or relative of the husband occurs
every nine minutes. This occurs despite the fact that women in India are legally protected
from domestic abuse under the Protection of Women from Domestic Violence Act.

Dowry

In 1961, the Government of India passed the Dowry Prohibition Act,14 making dowry
demands in wedding arrangements illegal. However, many cases of dowry-related domestic
violence, suicides and murders have been reported. In 1985, the Dowry Prohibition
(maintenance of lists of presents to the bride and bridegroom) Rules were framed. A 1997
report claimed that each year at least 5,000 women in India die dowry-related deaths, and at
least a dozen die each day in 'kitchen fires' thought to be intentional.15 The term for this is
"bride burning" and is criticized within India itself. In 2011, the National Crime Records
Bureau reported 8,618 dowry deaths. Unofficial estimates claim the figures are at least three
times as high.

Female infanticide and sex-selective abortion

In India, the male-female sex ratio is skewed dramatically in favour of men, the chief reason
being the high number of women who die before reaching adulthood. Ultrasound scans often
reveal the sex of the baby, allowing pregnant women to decide to abort female foetuses and
try again later for a male child. This practice is usually considered the main reason for the
change in the ratio of male to female children being born. 16 In 1994 the Indian government
passed a law forbidding women or their families from asking about the sex of the baby after
an ultrasound scan (or any other test which would yield that information) and also expressly
forbade doctors or any other persons from providing that information. In practice this law
(like the law forbidding dowries) is widely ignored, and levels of abortion on female foetuses
remain high and the sex ratio at birth keeps getting more skewed.

13
Confronting Dowry related violence in India: women at the centre of justice, UN Women, 2012.
14
The Dowry Prohibition Act, 1961.
15
United Press International, 1997.
16
Gentleman, Amelia, India’s lost daughters, The New York Times, 2002.

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Female infanticide (killing of infant girls) is still prevalent in some rural areas. Sometimes
this is infanticide by neglect, for example families may not spend money on critical
medicines or withhold care from a sick girl.Continuing abuse of the dowry tradition has been
one of the main reasons for sex-selective abortions and female infanticides in India.

Honor killings

Honor killings have been reported in northern regions of India, mainly in the Indian states
of Punjab, Rajasthan, Haryana and Uttar Pradesh, as a result of the girl marrying without the
family's acceptance, and sometimes for marrying outside her caste or religion.

Accusations of witchcraft

Violence against women related to accusations of witchcraft occurs in India, particularly in

parts of Northern India. Belief in the supernatural among the Indian population is strong,
and lynchings for witchcraft are reported by the media.17 In Assam and West Bengal between
2003 and 2008 there were around 750 deaths related to accusations of witchcraft. Officials in
the state of Chhattisgarh reported in 2008 that at least 100 women are maltreated annually as
suspected witches.

Rape

Rape in India has been described by Radha Kumar as one of India's most common crimes
against women18 and by the UN’s human-rights chief as a "national problem". While per-
capita reported incidents are quite low compared to other countries, even developed
countries,19 a new case is reported every 20 minutes.20

New Delhi has one of the highest rate of rape-reports among Indian cities. Sources show that
rape cases in India have doubled between 1990 and 2008.

Sexual harassment

A study by ActionAid UK found that 80% of women in India had experienced sexual
harassment ranging from unwanted comments, being groped or assaulted. Many incidents go
unreported as the victims fear being shunned by their families. Of the total number of crimes
against women reported in 1990, half related to molestation and harassment in the workplace.

17
The Times of India, 19 January 2018.
18
Kumar, Radha, The agitation against Rape, 2003.
19
Goel, Sharad, Lies, damned lies, rape, and statistics (blog), 2013.
20
Rape statistics around the World, India Tribune, 2012.

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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
came into force in December 2013, to prevent Harassment of women at workplace.

Trafficking

The Immoral Traffic (Prevention) Act was passed in 1956. However many cases
of trafficking of young girls and women have been reported.

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 Chapter 4: LAWS ENACTED FOR WOMEN IN INDIA

1. Guardians & Wards Act, 1890

2. Indian Penal Code, 1860
3. Christian Marriage Act, 1872
4. Indian Evidence Act, 1872
5. Married Women's Property Act, 1874
6. Workmen's compensation Act, 1923
7. Indian Successions Act, 1925
8. Immoral Traffic (prevention) Act, 1956
9. Dowry Prohibition Act, 1961
10. Commission of Sati (Prevention) Act, 1987
11. Cinematograph Act, 1952
12. Births, Deaths & Marriages Registration Act, 1886
13. Minimum Wages Act, 1948
14. Prevention of Children from Sexual Offences Act, 2012
15. Child Marriage Restraint Act, 1929
16. Muslim Personal Law (Shariat) Application,1937
17. Indecent Representation of Women (Prevention) Act,1986
18. Special Marriage Act, 1954
19. Hindu Marriage Act, 1955
20. Hindu Successions Act, 1956
21. Foreign Marriage Act, 1969
22. Family Courts Act, 1984
23. Maternity Benefit Act, 1961
24. Hindu Adoption & Maintenance ACT, 1956
25. Code of Criminal Procedure, 1973
26. Medical Termination of Pregnancy Act, 1971
27. National Commission for Women Act, 1990
28. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994
29. Protection of Women from Domestic Violence Act, 2005

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30. Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal)
Act, 2013
31. Indian Divorce Act, 1969
32. Equal Remuneration Act, 1976
33. Hindu Widows Remarriage Act, 1856
34. Muslim women (protection of rights on divorce) Act, 1986
35. The Muslim Women (Protection of Rights on Marriage) Act, 2019.

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 Chapter 5: LANDMARK JUDGEMENTS

Let us have a look at some of the landmark decisions of the Supreme Court on gender justice.

1. The Secretary, Ministry of Defence v. Babita Puniya & Ors. (2020)

The bench comprising Justice DY Chandrachud and Ajay Rastogi slammed the arguments
made by the Centre in their written notes which had cited the physiological features and
domestic obligations of women as reasons for denying them command appointments. The
bench observed that such arguments perpetuate "gender stereotypes".

The court also held that the absolute exclusion of women from command assignments is
against Article 14 of the Constitution and unjustified. Hence, the policy that women will be
given only "staff appointments" was held to be unenforceable by the Court.

2. Joseph Shine v. Union of India (2018)

The five-judge bench unanimously struck down Section 497 IPC saying that it was
unconstitutional since the very basis for criminalising adultery was the assumption that a
woman is considered as the property of the husband and cannot have relations outside the
marriage. The said section violated the right to privacy as well as the liberty of women by
discriminating against married women and perpetuating gender stereotypes.

3. Indian Young Lawyer’s Association v. State of Karnataka (2018)

The Supreme Court held that exclusion of women from the age 10 to 50 in the Lord Ayyappa
temple at Sabarimala, Kerala cannot be regarded as an essential religious practice and the rule
placing the ban on women’s entry was struck down.

4. Shayara Bano vs Union Of India (2017)

In this case Supreme Court declared the practice of instant Triple Talaq as unconstitutional by
3:2 majority.

5. D. Velusamy v. D. Patchaiammal (2010)

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The bench comprising Justice Markandey Katju and Justice TS Thakur held that Live-in
relationships will also come under Domestic Violence Act 2005.

6. Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India (2003)

The apex court, in this case, issued Guidelines to prevent female foeticide.

7. Daniel Latifi v. Union of India (2001)

The Bench held that the liability of Muslim husband to his divorced wife arising under
Section 3(1) (a) of the Act to pay maintenance is not confined to iddat period.

8.Vishaka & Ors. V. State of Rajasthan & Ors. (1997)

In this case, the Supreme Court court issued Guidelines to prevent sexual harassment against
women in workplaces. This verdict by the bench, comprising of Chief Justice Verma, Justice
Sujatha Manohar and Justice B.N. Kirpalwas superseded by the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

9.Air India v. Nargesh Meerza (1981)

The clauses regarding retirement and pregnancy under Regulation 46 of the Air India
Employees Service Regulations was held unconstitutional and therefore struck down.

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 CONCLUSION

"We all know that women are half the world and hold up half the sky but where are they
when it comes to equality?" – Leela Seth

The status of women in India has been subjected to great changes over the past years. The
status of women social, economic, political and general- in India today is much higher than in
ancient and medival periods. Though the status of women has been raised in the eyes of law,
but they are still much far from equality with males. Women are still exploited and
humiliated in modern Indian society.

Gandhi ji once said, “Women are the noblest of God’s creation, supreme in her own sphere of
activity.” These words are blossoming now. Increased awareness and education has inspired
women to come out of the walls of home. The modern woman has started caring for her
social, emotional, cultural, religious and economic needs. She has now become tool for social
change in India. It can be said that women have more freedom than earlier however not true
in many respects because prejudice still remains in the society. Though the status of today’s
modern women in India is high, the overall picture of women’s position in India is not
satisfactory.

In recent years, on the one hand, incidents of aggressive violence against women are reported
to be escalating alarmingly in our country, and this in itself is a sufficient cause for increased
concern, and on the other hand, awareness of rights among women has increased, leading to
the rise of feminist movement, resulting in a new sensitivity to all forms of subjugation of
women by men.

A large number of cases of violence against women are smothered due to social pressures.
The rights of women have been neglected, and in actual terms, there has not been any
significant change in the rights of women within the family. Women’s rights should be
brought to the centre-stage of the current political context to ensure better status of women of
both majority and minority communities.

Last but not the least, we should not forget that progress of a nation cannot be achieved until
and unless there is active participation of its mothers, wives, sister and daughters. So each
and every man should thoughtfully decides to bring a revolutionary transformation in his

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attitude towards women and accept the women to be the equal participants in the country’s
progress.

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 BIBLIOGRAPHY

 http://www.ijemr.net/
 https://shodhganga.inflibnet.ac.in/
 https://www.jstor.org/
 www.academicjournal.in
 www.ijariit.com
 www.researchgate.net
 www.legalservicesindia.com
 www.mondaq.com
 www.journals.openedition.org
 www.unicef.org
 www.bbc.com
 www.timesofindia.indiatimes.com

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