JAMIA MILLIA ISLAMIA
FACULTY OF LAW
PROJECT TOPIC:
CHANGING STATUS OF WOMEN FORM PRE
AND POST-INDEPENDENCE INDIA
LAW RELATING TO WOMEN AND CHILDREN
SUBMITTED BY:
Khushbu Gupta
Roll No: 23
Akash Bharti
Roll No: 05
B.A. LL.B. (Hons.) (Self-finance) 7th Semester
Batch: 2017 - 2022
SUBMITTED TO:
Dr. Subhradipta Sarkar
1
ACKNOWLEDGEMENT
First and foremost, we would like to thank our subject teacher Dr. Subhradipta Sarkar, for the
valuable guidance and advice. He inspired us greatly to work on this interesting assignment. His
willingness to motivate us contributed tremendously to our assignment. We also would like to
thank him for showing us some sample assignments on how to go about the research assignment.
It gave us an opportunity to analyse and learn about the operation of various Articles of
Constitution of India relating to the topic. Besides, we would like to thank the Faculty staff for
providing us with a good Online study material and facilities for completing this assignment.
In addition, we would also like to thank my seniors who provided me with the valuable
information acting as a source of guidance in making the assignment. Finally, an honourable
mention goes to our family and friends for their understandings and supports in completing this
assignment. Without the help of the particulars mentioned above, making of this assignment
would not have been possible.
2
TABLE OF CONTENTS
1. INTRODUCTION.....................................................................................................................4
2. STATUS OF WOMEN IN PRE-INDEPENT INDIA...............................................................4
2.1. ANCIENT INDIA..............................................................................................................4
2.2. POST VEDIC PERIOD......................................................................................................5
2.3. MEDIEVAL PERIOD........................................................................................................5
2.4. BRITISH PERIOD.............................................................................................................5
2.5. POSITION OF WOMEN IN SOCIETY............................................................................6
3. STATUS OF WOMEN FORM POST-INDEPENDENT INDIA.............................................8
3.1. CONSTITUTIONAL PROVISIONS.................................................................................9
3.2. STATUTORY PROVISIONS..........................................................................................10
3.3. LANDMARK EVENTS...................................................................................................12
4. SUGGESTIONS......................................................................................................................14
5. CONCLUSION........................................................................................................................14
6. BIBLIOGRAPHY....................................................................................................................15
3
INTRODUCTION
Men and women are two basic components of the human society and women constitute more or
less half of the population of the world. But still it’s common everywhere to classify human
society into two different groups on the basis of sex into men and women. The biological fact of
sex has created many differences between them like in the Aims and objective, desire and
aspirations, duties and responsibilities, dress style and behavioral patterns, roles and status of
men and women.1
The status of women has gone through great changes over the years. From equal status with men
in ancient period through the low points in the medieval period and to the promotion of equal
rights by many reformers.2 The status of women socially, economically, politically and generally
in India today is much higher than in ancient and medieval periods. Women today enjoy more
social and legal rights and have greater freedom and voice and participate more freely in public
affairs. In modern India, women have attained high offices including that of the President, Prime
Minister, Speaker of the Lok Sabha and Leader of the Opposition. But still women in India are
generally exposed to discrimination, harassment, humiliation, domination and exploitation.3
According to swami Vivekananda, once upon a time, he said, “A Nation which did not respect
women have never become great nor will ever in future.”4
The degree of freedom and respect given to women to move about and take part in public
activities gives the idea of the nature of the society to which they belong. The status accorded to
women in society symbolize its level of progress. The spirit of civilization can be assessed by the
way in which women are treated by the members of that civilization.5
1
Shankar Rao, Principles of sociology with an introduction to social thought, S.Chand & Company Pvt. Ltd,
Publication, 1st edn., New Delhi 1993.
2
https://www.slideshare.net/poojachakraborty17/status-of-women-15465478
3
Ahuja, Ram, Indian Social System, Rawat Publication, Jaipur, 1993.
4
Shankar Rao, Principles of sociology with an introduction to social thought, S.Chand & Company Pvt. Ltd,
Publication, 1st edn., New Delhi 1993.
5
Hasnain Nadeem, Indian society, themes and social issues, Mc Graw Hill Publication, Chennai.
4
STATUS OF WOMEN IN PRE-INDEPENT INDIA
ANCIENT INDIA
In Ancient India, Vedic and epic period women were treated equal to men. They were given
highest level of respect but protection and safety were also given. They were treated, honoured
and considered to be embodiment of all divine virtues on earth. They were considered not only
pivots of domestic life but also of entire social organization. Women marry at the proper age and
were allowed to choose their husband. Widow remarriage was also allowed. Women were
having education rights. Women studied in gurukuls and enjoyed liberty in society. The wife has
been blessed to live as a queen in the husband’s house in Rigveda.6
POST VEDIC PERIOD
During the post Vedic period, women had suffered hardship and various restrictions were
imposed on women’s rights. Girls were denied education. There was male dominated society by
increasing authority of male. The birth of the daughter was considered inauspicious and on the
other hand the birth of a son was considered an occasion of happiness. During this period, pre
puberty marriage was originated. Women rights to property was recognised and the concept of
stridhana prevailed.7
MEDIEVAL PERIOD
The position of women was further degraded during the medieval period with lot of invasion in
India so there was security threat. In this period, the social evils like child marriage, sati, female
infanticide etc. were prevalent in the society. There was ban on widow remarriage. During this
period the system of purdah was also introduced. Polygamy was also practiced. Further social
curse like dowry, devadasi etc. were at rampant.
In spite of these conditions, some women have done excellent work in the fields of politics,
literature, education and religion. Razia Sultana is an example of this who became the only
woman monarch to have ever ruled Delhi. The Bhakti movement had played a very important
role in restoring the status of women and questioned some of the forms of oppression.8
6
Ahuja, Ram, Indian Social System, Rawat Publication, Jaipur, 1993.
7
Ibid.
8
https://shodhganga.inflibnet.ac.in/bitstream/10603/123356/8/08_chapter2.pdf
5
BRITISH PERIOD
During British period, the position of women had undergone drastic changes mainly due to
western impact on the social-cultural pattern of India.9 The concept of equality, liberty, and
individual secularism arose. During British period, many social reformers like Raja Ram Mohan
Roy, Ishwar Chandra Vidyasagar, M.G. Ranade and Mahatma Phule raised their voices against
unjust practices and struggled for the development of status of woman in Indian society. Raja
Ram Mohan Roy’s efforts led to the abolition of the Sati practice and succeeded in introducing
widow remarriage. Rani Lakshmi started a war against the Britishers and fought for her state
independence. Two major movements took place during the British regime. These are:
a) Social Reforms Movement: This movement emerged during the 19th century and raised
the question of equal status of women. Social Reformers showed the concern regarding
Problems of sati, prohibition on re-marriage, denial of rights of property, child marriage
and education to women. Swami Vivekananda, Dyanand Sarswati, and Annie Besant
were of the opinion that the old Vedic period should be revived which was ideal for
women’s status. The father of Nation. M.K. Gandhi ji criticised the system of child
marriage, sati, prohibition, of widow’s re- marriage and devadasi system.
b) Nationalist Movement: The Nationalist movement generated confidence among women’s
conference was formed and it proved to be crucial movement towards the right to
equality of women. During the British period, public awareness was created while
women’s political and social participation attained momentum.10
The formation of All India Woman’s Conference in 1927 was a crucial event in women’s march
towards equality. Many laws were enacted to eradicate certain social evils. These included an act
legalizing remarriage of widows, Child Marriage Restraint Act, 1929, Act recognizing Hindu
women’s right to property. The Indian Penal Code was also passed during British period which
also identified some crimes against women and made it punishable under the code like Rape
(section 376), Molestation (Section 354), Sexual harassment (Section 509) etc.
POSITION OF WOMEN IN SOCIETY
Women status can be analyse at two levels:
9
V.K. Dewan, Law Relating to Offences Against Women (2nd Edn. Orient Law House, 2000) 33.
10
Dr, S.C. Tripathi & Vibha Arora, Law relating to women & children, Central Law Publications, 6th edn., reprint,
2019, Allahabad
6
a) Women in the rural areas and
b) Women in the urban areas.
In urban areas, the status of women may further be examined at three sub-levels, rich women,
middle class women and poor women. In the rural areas, there is a little difference in the status of
women who are non-working and those who are working. But in urban areas, middle class
women are at the crossroads.
In the patriarchal family system in India (except in some social groups in Kerala), women
possessed little individuality of their own, although there were few exceptions. While upper class
women remained at home, lower class women worked in fields and outside their homes
supplementing the family income. Certain out dated and exploitative social customs and
traditions such as the purdah, sati, child, marriage, polygamy did exist which hindered the
progress of women.
Women’s movement in order to change Status and position of women in India:
In ancient time, the status of women was glorious but gradually this status and got fade up and,
even got worst form of behaviour towards women. After all this, there is huge requirement in
change of behaviour towards women so they started doing movement to gain their respect in the
society. Status and position of women has not achieved over night, still there is lot of issue with
regard to women which is either it has not been addressed yet or yet require proper
implementation of provision related to right of women. Women’s movement is very important
and plays a very crucial role in the deciding the fate of women.
Women movement can be defined as an organized effort to achieve a common of equality and
liberation of women. These movement can be divided into following phase:
a) The social reforms movement before 1857:
The origin of contemporary women movement is often trace to this period where various
laws were enacted to ensure to change the status and position of women and women
empowerment in society. Different efforts were also made for empowering and
promoting women such as education for girls and also raise the question on social issue
of women which led the movement such as in religious reforms movements which raise
the concept of Sati-paratha, widow re-marriage, abolition of child marriage etc.
7
However, the movement were limited in terms of lack of mobilization of women for their
own issue. In this phase, women did not participate a lot, the movement was led by the
elite class, educated people.11
b) The role of women in freedom struggle: Freedom Struggle, it was an important landmark
in the history of women’s movement as it helped women in the struggle, for liberation as
feminism and nationalism. The women accepted as political comrades and were given
equal opportunities for participation.
During freedom struggle, women were participating in the freedom struggle but they
were not raising the issue of women. They were more concerned with the fighting with
Nation against the Britishers.12
STATUS OF WOMEN FORM POST-INDEPENDENT INDIA
Women’s were participating significantly and it improved and it can be divided into two phases:
a) During 1947 10 1975: This period witnessed the wide participation of women. However,
the movements did not raise the issue affecting the women per se but societal and class
issue. In this various issue were covered such as society issue, peasant, tribal student etc.
These movement were known as pre movement as they reveal the power of women as
force in the society, they allowed women, the opportunity to put forward their demands.
b) Post 1975: By this time, it was realized that there is huge discrimination and gap of
equality among men and women and the women issue can be solved only by
confrontation. By this time, International convention on women such as CEDAW came in
which India is signatory member. This CEDAW, convention is land mark in this
direction of giving equality and rights of women. Hence, after this period, India witness
several important movements which address the question of women emancipation. For
example: Anti-Arrac Movement, Environmental movement such as Chipko movement,
movement against violence such as anti-rape movement, anti-dowry movement, anti-
sexual harassment, temple entry Movement, triple talaq etc.
11
Mamta Rao, Law relating to women and children, 4th edn., Eastern Book Publication, EBC Publication, 2018,
Lucknow
12
https://www.historydiscussion.net/women/the-influence-of-womens-organizations-of-the-early-20th-century-in-
india/521
8
Women’s organization: The role of women’s organisation in women movement is very
important. In the 19th century Social reform movements that raised various issues concerning
women. In the early 20th century, there was rapid growth of different women organisation at the
National and at the local level. such as:
a) The women’s India Association (WIA) in 1917,
b) All India Women’s Conference (AIWC) in 1926,
c) National council for women in India (NCWI) in 1925.
All these organisations have more or less equal purpose such as women’s welfare.13
CONSTITUTIONAL PROVISIONS
The framers of the Constitution have enshrined the principle of gender equality in the Indian
Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive principles.
The Constitution of India not only provides equality to women but also empowers the state to
make special provisions for women so they did not face any socio-economic, education and
political disadvantage. Some of the provisions under Indian Constitution are:
1. Article 14: Equality before law.
2. Article 15(1): State cannot discriminate on the basis of caste, sex, religion etc.
3. Article 15(3): State can make special provisions for women.
4. Article 16: Equality of opportunity for all citizens in the matters of employment.
5. Article 39(a): State to direct its policy towards securing men and women equal rights for
the means of livelihood.
6. Article 39(d): Equal pay for equal work for both men and women
7. Article 39(A): Promote justice on basis of equal opportunity and provide free legal aid to
all.
8. Article 42: State to make special provision for securing just and humane conditions for
work and for maternity relief.
9. Article 46: State to promote with special care the educational and economic interests of
the weaker section of the society.
10. Article 47: State to rais ethe nutrition and standard living of the people.
13
https://www.historydiscussion.net/women/the-influence-of-womens-organizations-of-the-early-20th-century-in-
india/521
9
11. Article 51(A)(e): To promote harmony and spirit of common brotherhood among people.
Women are also entitled to vote and are provided with other special benefits also under the
Constitution of India. The Constitution of India ensures that women should be given equal rights
and opportunities in each and every field and provides protection against any kind of
exploitation.
STATUTORY PROVISIONS
The Government of the Independent India have framed various legislations for the protection of
women’s interests. These provisions are as follows:
1. The Hindu Marriage Act, 1955: This Act prohibits polygamy, polyandry and child
marriage and provides equal rights to women to divorce and remarry.
2. The Hindu Succession Act, 1956: It provides women the right to parental property.
3. The Hindu Adoption and Maintenance Act, 1956: It provides a childless woman with the
right to adopt a child and a divorced woman with the right to claim maintenance from her
husband.
4. The Special Marriage Act, 1954: It provides women the right to inter-caste marriage, love
marriage and registered marriage. The Act has also fixed the minimum age of marriage at
21 for males and 18 for females.
5. The Dowry Prohibition Act, 1961: It says that taking of dowry an unlawful activity and
thereby prevents the exploitation of women.
6. The Hindu Minority and Guardianship Act of 1956: This Act provides that woman is
entitled to act as the natural guardian of her minor children.
7. The Hindu Women Right to Property Act of 1973: This Act provides that the daughter,
the widow, and the mother can inherit property of the deceased simultaneously.
8. The Equal Remuneration Act of 1976: The Act does not permit wage discrimination
between male and female workers.
9. Code of Criminal Procedure, 1973: Under S. 125, of The Code of Criminal Procedure, a
woman has got right to maintenance.
10. The Suppression of Immoral Traffic of Women and Girls Act, 1956: This Act provides
protection to women from being kidnapped and being compelled to become prostitutes.
10
11. The Medical Termination of Pregnancy Act, 1971: It legalises abortion conceding the
right of a woman to go for abortion on the ground of physical and mental health.
12. The Family Court Act, 1984, which seeks to provide justice to women who get involved
in family disputes.
13. The Muslim Women (Protection of Right on Divorce) Act, 1986: Under the provisions of
the Act provides for maintenance of women by the relatives after the iddat period.
14. The 73rd and 74th Constitution Amendment Acts, 1993 which empower women and seek
to secure greater participation of women at all the levels of the Panchayat System
15. Indian Penal Code, 1860: Crimes identifies under IPC are:
a) Rape (Sec. 376 IPC)
b) Kidnapping & Abduction for different purposes (Sec. 363-373)
c) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
d) Torture, both mental and physical (Sec. 498-A IPC)
e) Molestation (Sec. 354 IPC)
f) Sexual Harassment (Sec. 509 IPC)
g) Importation of girls (up to 21 years of age)
16. Indian Evidence Act, 1872: Sections 113(a), 113(b) and 114(c) provide for presumptions
as to abetment of suicide by a married woman within 7 years of marriage, as dowry death
of a woman and as to absence of consent of woman for sexual intercourse.
Other statutory provisions are:
1. The Employees State Insurance Act, 1948
2. The Plantation Labour Act, 1951
3. The Indecent Representation of Women [Prohibition] Act, 1986
4. The Maternity Benefit Act, 1961 (Amended in 1995)
5. Commission of Sati (Prevention) Act, 1987
6. The Protection of Women from Domestic Violence Act, 2005
7. The Prohibition of Child Marriage Act, 2006
8. The Criminal Law (Amendment) Act, 1983
9. The Factories (Amendment) Act, 1986
10. The Medical Termination of Pregnancy Act, 1971
11
11. The Contract Labour (Regulation and Abolition) Act, 1976
12. National Commission for Women in 1992
13. Surrogacy Bill, 2019
14. National women policy, 2015
15. Sexual Harassment Act,2013
LANDMARK EVENTS
Different land mark events that led to overall changes in the process of empowering and
promoting the rights of women in Indian society after Independence.
1. Anti-Sexual Harassment issue: This is the most important event that changed sexual
harassment issue of women. Bhanwari Devi, the rape that led to the development of
India's Sexual Harassment Law. In 1997, Indian women celebrated a landmark moment
when Supreme Court formulated the Vishaka guidelines and these guidelines made it
mandatory for institutions across the country to take required measures to prevent sexual
harassment at the workplace.14 The Vishaka guidelines laid down the foundation for the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013.
it started: There was a female Bhanwari Devi. She was working for NGO from there idea
of sexual harassment arises. She was women belonging to lower strata. Lower strata
women issue raised and brought to the notice of every one where the maximum lower
strata women were working such a agriculture sector, domestic worker etc because all
these women are illiterate, these women are unaware, these women, are cannot afford the
expense criminal juristic system. They are daily wage earner and cannot afford to
compromise the economic opportunities.15
2. Another example is from Kerala, Kudumbashree Successful Women Empowerment
Model: Empowerment of women means making women economically, and socially
independent, self-reliant, confident and positive in attitude. Kudumbashree units are
considered as one of the most important tools in participatory approach for the
14
Vishaka v. State of Rajasthan, AIR 1997 SC 3011
15
https://www.bbc.com/news/world-asia-india-39265653
12
empowerment of women. This helps the women to develop themselves individually and
to participate in the developmental activities of the family and society. 16
3. Anti-arrack movement: It started by Andhra context. arrack means liquor so women have
actively participated to ban on the liquor shop.17
4. Anti-rape movement: In this, custodial rape case of Mathura happened so women also
participated on a pan India basis.
5. Sabarimala Temple Case18: The Court delivered its verdict in Sabarimala Temple Entry.
Court held that the temple's practice of excluding women is unconstitutional. It held that
the practice violated the fundamental right to freedom of religion - Article 25(1) - of
female worshipper.
In Dattatraya v. State19, it was held that educational institutions established by the State
exclusively for women, or the reservation of seats for women in colleges does not violate Article
15(1).
In Rajesh Gupta v. State of UP20, the Court held that 50% reservation of posts for female
candidates is not arbitrary.
In Muller v. Oregon21, the Court says that the reason for incorporating article 15(3) in Indian
Constitution is that “women’s physical structure and the performance of maternal functions place
her at a disadvantage in the struggle for subsistence and her physical well-being becomes an
object of public interest and care in order to preserve the strength and vigour of the race.”
In Air India v. Nargesh Meerza22, the Supreme Court held that the regulation of Air India
regarding termination of an air hostess if she get pregnant within 4 years of service was held to
be arbitrary and unconstitutional.
16
https://thekudumbashreestory.info/index.php/history-and-evolution/the-kudumbashree-idea/the-kerala-mode l
17
https://feminisminindia.com/2019/06/14/anti-arrack-movement-women-andhra-pradesh/
18
Indian Young Lawyer Association v. State of Kerala, AIR 2018 SC 1690
19
AIR 1953 Bom 311
20
AIR 2005 SC 2540
21
52 L.Ed.551
22
(1981) 4 SCC 335
13
In Laxmi v. Union of India23, taking cognizance of the number of cases relating to acid attacks
against women on the rise, the Supreme Court imposed stringent regulations on the sale of acid
in 2013.
SUGGESTIONS
After all the above discussion, it is obvious that we had done substantial effort for welfare of the
women but still we need some improvement in the major areas. Here are some of the suggestion,
1. Education of women: Education to women is necessary so that they can attain equality. It
is a prerequisite that without value change or social change objective cannot be achieved.
The Constitution if India have given them political, economic, social religious rights but
merely giving them rights does not motivate them to avail these rights to their benefit.
The law may give them right to vote in elections, s\contest elections and hold political
posts but it cannot compel them to do so. And so many such rights may be given by law
to them to develop but mainly because illiteracy has made them sick to traditional values.
Lack of courage prevents them from taking any bold step. Education will help them to
become liberal and broadminded, and change their attitudes, values and role perceptions.
2. Strict Implementation of laws: Whatever law and provision given in the constitution of
India should be strictly implemented, as this will create fear in the mind of people who
will the law and also this will give inner voice to women if something wrongs happen
then they can raise their voice.
3. Participation of women in formulating the legislation for welfare of women as they will
express their opinion and their opinion should be considered as that matter a lot.
CONCLUSION
From the above discussion, it is obvious that status and position of women is getting better day
by day but still require a lot to change and we as a human need to support the women for their
rights and welfare, it is us who directly or indirectly creating problem for women. In every
community and every region and in every caste, women’s concerns are very difficult and also
patriarchy is already a problem. The Dalit women is more vulnerable as compared to others
women similarly class women is more vulnerable to other class women same as Muslim class
23
2014 SCC 4 427
14
women is more vulnerable to other religion women. We need to be optimistic for change in
society as definitely change is possible.
15
BIBLIOGRAPHY
BOOKS
1. Dr, Mamta Rao, “Law relating to women and children”, 4th Ed, EBC, Lucknow.
2. Dr, S.C. Tripathi & Vibha Arora, Law relating to women & children, Central Law
Publications,6th edn, reprint, 2019, Allahabad.
3. Ahuja, Ram, Indian Social System, Rawat Publication, Jaipur,1993.
4. Shankar Rao, Principles of sociology with an introduction to social thought, S.Chand
&Company Pvt. Ltd, Publication,1st edn. New Delhi 1993.
WEBSITES
1. https://www.ipl.org/essay/Women-Empowerment-In-Ancient-India-P3G3YN2FJ486
2. https://www.slideshare.net/poojachakraborty17/status-of-women-15465478
3. https://www.yourarticlelibrary.com/essay/changing-status-of-women-in-india-2095-
words/39180
4. https://www.slideshare.net/itishajain50/status-of-women-52039418
5. https://www.researchgate.net/publication/330221015_Status_of_Women_in_Pre-
Independence_India#:~:text=In%20the%20pre-independence%20period%2C%20the
%20status%20of%20women,to%20this%2C%20the%20position%20of%20women
%20was%20undermined.
6. https://shodhganga.inflibnet.ac.in/bitstream/10603/123356/8/08_chapter2.pdf
7. https://www.historydiscussion.net/women/the-influence-of-womens-organizations-of-the-
early-20th-century-in-india/521
8. https://thekudumbashreestory.info/index.php/history-and-evolution/the-kudumbashree-
idea/the-kerala-model.
9. https://feminisminindia.com/2019/06/14/anti-arrack-movement-women-andhra-pradesh/.
10. https://blog.ipleaders.in/position-women-indian-society-independence/amp/
11. https://www.shareyouressays.com/essays/essay-on-status-of-women-in-independent-
india/86449
12. https://www.google.com/url?
sa=t&source=web&rct=j&url=http://mospi.nic.in/sites/default/files/reports_and_publicati
16
on/cso_social_statices_division/Constitutional
%26Legal_Rights.pdf&ved=2ahUKEwjFy62g4NvsAhU8wjgGHYQgBNoQFjABegQIA
RAF&usg=AOvVaw3I4sY8gMajWVTNEaiHZHze
13. https://www.yourarticlelibrary.com/society/changing-status-of-women-after-the-
independence-of-india/4398
17
