CHAPTER 1

LEGAL STATUS OF WOMEN

INTRODUCTION

After completing her childhood and adolescence, a female is legally referred to as a woman. In
order to give women in India equal status and to protect them from numerous violent crimes and
violent behaviour, the Indian government has passed a number of laws. Every citizen of India is
accorded the same rights and obligations under the Constitution of India, which sets forth
fundamental freedoms and fundamental duties. All Indian women are guaranteed equality,
freedom from state favouritism, equal access to opportunities, and equal pay for equal effort by
the Indian Constitution. Additionally, it renounces practises that are demeaning to women's
dignity and the State is permitted to make arrangements to support women and children.
Maternity leave provisions and reasonable and humane working conditions are to be looked into
by the State. When we look back at the history of our nation, we can see the deplorable situation
of the first-generation women. Studies show that during the very early and Vedic period, women
had equal position. But, the status of women started to deteriorate around 500 B.C. with the
Islamic onslaught of the Mughal Empire, and later Christianity, that hampered women's rights
and independence

In the early Vedic era of ancient India, women had equal status and rights. Women then had the
ability to choose their husbands completely, and they also had the right to an education. Women
are fully reliant on the male family members and are reviled in all spheres. Women's standing did
not significantly improve during the mediaeval era. During that time, it was common to see sati-
pratha, jauhar, devdasis, child marriages, parda system, etc. Through the efforts of various social
reformers, women in the modern age gained some rights and freedoms. But it was after
independence that women's conditions generally improved. However, because the constitution's
authors were aware of the status of women, it contains unique provisions for the equal
advancement of women in all spheres of society as well as for the advancement of society as a
whole. The Constitution guarantees gender equality and grants the State the power to enact pro-
women policies of positive discrimination. The Indian government grants women some rights
that are crucial to ensuring their safety.

1
A process known as "globalisation" involves bringing about an increase in the interconnection
and integration of economies and society to the point where a situation in one region of the world
has an impact on people elsewhere. Global culture, global economy, and global government are
topics that are frequently discussed by thinkers and academics worldwide. The rules of
globalisation have lowered the political barriers to trade in products, services, technology, and
information. The exchange of commodities, services, and information has also been governed by
economic considerations rather than the political considerations that prevailed during the Cold
War. However, this procedure has not been universally followed, which has resulted in war and
division between many nations and even between various groups of people living in the same
nation. The effects of globalisation depend on factors like group identity, location, culture,
gender, and individual skill levels.1

Policymakers, researchers, and academics contend that the development of information

technology has made the world more connected than ever before, with access to the most recent
information available anywhere in the world with the click of a mouse. The fusion of the
international economy and the interconnectedness of numerous socio cultural institutions have
acted as catalysts for the fusion of regional cultures and the development of a global culture. The
primary concerns of national and international governance now include the rising wealth
disparity, environmental challenges, local protests against megaprojects, and gender issues. At
both the national and international levels, efforts have been made to rationalise economic growth
and identify alternative approaches and methods for equitable and sustainable development.

A unique mechanism for the worldwide advancement and emancipation of women was formed
by the United Nations Organisation and the Division for the Advancement of Women (DAW).
The Commission on the Status of Women (CSW)2 was established by the Economic and Social
Council of the United Nations in 1946.

1. Madhudan Pandit, Human Rights and Social Justice, Swastik Publications, Delhi, 2011, pp. 91-93.

2. Asha Kapur Mehta, ―Globalisation and Women‖, Raj Mohini (ed), Globalisation Culture and Women‘s
Development, Rawat Publications, Jaipur, 1999, pp. 54-61

2
The improvement of women's position and gender equality are the sole goals of CSW. In order to
draw the immediate attention of nations throughout the world to the advancement of women's
rights in all spheres of socioeconomic, political, and educational activity, CSW creates reports
and recommendations and presents them to the ECOSOC.

The Convention on the Political Rights of Women in 1954, the International Research and
Training Institute for the Advancement of Women (INSTRAW) in 1976, the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979, and the United
Nations Development Fund for Women (UNIFEM) (1976)3 were all held credits to the United
Nations.

LEGAL STATUS OF WOMEN IN INDIA

Women in India have access to the legal safeguards they require to defend their economic,
social, and cultural life. These few incidents demonstrate the steps the Indian government has
made to safeguard the lives of women. Many legislations were brought in force to prohibit
harassment of women and to promote equality like the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1999, the Protection of Women from Domestic
Violence Act 2005, The Hindu Widows Remarriage Act of 1856, the National Commission for
Women Act 1990, Maternity Benefit Act 1861, the Medical Termination of Pregnancy Act 1971,
the Muslim Women (Protection of Rights on Divorce) Act of 1986 and so on. According to the
Indian Constitution, everyone is entitled to equal protection under the law within India's
territorial boundaries and is regarded equally in the eyes of the law, including women. It implies
that everyone, regardless of gender, should be treated equally under comparable circumstances.
The State should not discriminate against anyone, and the law should be applied equally to
everyone.

The Indian Constitution provides for prohibition against discrimination - It forbids the state from
treating any citizen, including women, unfairly based on their race, caste, gender, ethnicity,
religion, place of birth, or socioeconomic status. It states that everyone

3. D. Padmavthi, ―Empowerment of Women Through Micro Finance‖, Rameswari Pandya (ed), Women
Welfare and Empowerment in India, New Century Publications, New Delhi, 2008, pp. 331-333.

3
has the same rights to access to public areas, infrastructure, hotels, restaurants, shops, and other
services. To provide any particular concessions for women, children, scheduled castes, scheduled
tribes, and other disadvantaged groups, however, the state has the ability to do so

All residents, including women, will have equal access to public work opportunities regardless of
the sex, castes, race, ethnicities, faiths, or socioeconomic status. There are several exceptions,
such as when the government may declare by legislation that a particular job necessitates a
resident of the state.

CONSTITUTIONAL RIGHTS OF WOMEN4

1. Article 14: This provision guarantees that everyone in India has equal access to the legal
system or equal protection under the law. Women are afforded equal legal protection against all
crimes against women under this crucial clause.

2. Article 15: According to this article, no one may practise discrimination on Indian soil, and
according to article 15(3), the state may establish any particular provisions for women.

3. Article 16: Every Indian citizen is guaranteed equal work opportunities under this provision.
There shouldn't be any sex-based discrimination in regards to work opportunities under the State.

4. Article 21: This clause has been used to protect women's rights to safe abortions, the right to
divorce, and the right to live a life free from violence.

5. Article 39: Article 39 of the DPSP guarantees and directs the state to achieve for men and
women equality right to appropriate means of livelihood, and guarantees equal pay for equal
work for both men and women.

6. Article 42: Article 42 of the Indian Constitution requires every employer to provide fair and
humane working conditions as well as maternity leave. In actuality, women in corporate offices
have a terrible status and are mistreated by their superiors and supervisors. The rules of article 42
are crucial in this situation, and the employer must now ensure that all employees have a
comfortable workplace.

4. Basu, D.D., 2018, Introduction to the Constitution of India.

4
7. Article 51A: The Constitution's Article 51A outlines the fundamental responsibilities of all
citizens. It states that all citizens have a responsibility to advance peace and abandon behaviours
that are insulting to women's dignity.

The Untouchability Act, 1955 was passed by the parliament of India and it ended the prevalent
system of untouchability. In order to make the law stricter and eradicate untouchability from
society, this Act was revised in 1976 by the Untouchability (Offence) Amendment Act.

Every citizen, including women, has the right to freedom of thought and expression, the right to
peaceful assembly without the use of force, the right to form unions or associations, the freedom
to move around the country without restriction, the right to live or establish a home anywhere,
and the right to engage in any occupation or run any lawful business in accordance with one's
own objectives.

Nobody's life or personal freedom can be taken away from them unless it's done so legally. This
right to life includes rights to secrecy and to a life that is worthy of respect. Domestic violence
against women is also against the Indian Constitution since it violates the victims' dignity and
feeling of worth.5

The Indian Constitution forbids forced work and human trafficking in order to combat immoral
trafficking of women and girls. In order to penalise behaviours that lead to trafficking in people,
the Suppression of Immoral Trafficking in Women and Girls Act of 1956 was passed by the
Parliament.

5. Parashar A., ―Women and family law reform in India. Uniform Civil Code and gender equality‖, 1992.

5
Specific Laws-

(i) The Protection of Women from Domestic Violence Act, 2005 was passed to safeguard
women from all types of domestic violence. It offers the wife or live-in partner protection from
domestic violence committed by the husband or male live-in partner or his family. Any form of
violence—physical, sexual, verbal, or emotional—is included in this act.

(ii) The Dowry Prohibition Act, 1961 forbids women from giving or receiving dowries at any
point before, during, or after marriage.

(iii) The Family Courts Act, 1954: This law establishes family courts to facilitate the swift
resolution of family conflicts. With regard to family issues like matrimonial reliefs, child
custody, and spousal and child support, this legislation comes to an end.

(iv) The Sexual Harassment of Women at Workplace Act of 2013: This law was passed in an
effort to safeguard women from sexual harassment at the workplace and further the realisation of
their rights to life, liberty, and equality in all workplaces.

(v) The Medical Termination of Pregnancy Act, 1971: This law's goal is to lower the rate of
both legal and illegal abortions as well as maternal mortality and morbidity. This law permits
registered medical professionals to end some pregnancies for medical and humanitarian reasons.

(vi) The Equal Remuneration Act of 1976: This law mandates that workers of both genders
receive equal compensation for doing the same job. By doing this, sex-based prejudice is
avoided. Therefore, working women have the right to receive a remuneration that is equal to that
of males.

(vii) Maternity Benefit Act, 1961: This law controls women's employment in specific
establishments during specific times prior to and following childbirth and offers maternity
benefits.

(viii) Legal Services Authorities Act of 1987: This law grants Indian women access to free legal
services.

6
(ix) The Hindu Marriage Act, 1955: This law established monogamy and permitted divorce
under certain conditions. It gave Indian men and women the same legal protections on marriage
and divorce.

(x) The Hindu Succession Act, 1956: This law affirms that both men and women have the right
to inherit from their parents' estates.

The Minimum Wages Act (1948), Employees State Insurance Act (1948), Immoral Traffic
(Prevention) Act (1956), Plantation Labour Act (1951), Bonded Labour System (Abolition) Act
(1976), Muslim women (Protection of Rights on Divorce) Act (1986), Special Marriage Act
(1954), Foreign Marriage Act (1969), and Hindu Adoptions and Maintenance Act (19195) are
among the other laws that provide rights and protections for women.

7
 CHAPTER-2

EVOLUTION OF WOMEN RIGHTS IN INDIA

The status and rights of women in Indian society have undergone many changes and have always
remained a matter of great concern for the socio- religious and political elites of India.

A comprehensive analysis of the development of women rights in India needs asystematic study
of socio-economic and political set–up of Indian Society. In this chapter an attempt has been
made to gauge the degree and level of the rights of women at different stages and periods of
social evolution which are ancient, medieval and modern.

Women in Ancient India

The religious texts and the available literature on ancient India have assigned women a
subordinate identity as these texts define the role of Aryan men in detail but women are ignored
as the other subaltern classes. The holy Indian scripture Bhagwad Gita places Women, Vaisyas
and Sudras in one category. According to another text, the punishment for killing either a women
or a Sudra is the same.1 Woman was never recognised as an independent identity. The
subordination of women to men is clearly depicted in the Manu Smriti. Manu stated that a
woman should never be independent: as a daughter she should be under the surveillance of her
father, as a wife of her husband and as a widow ofher son.2

1 Savita Vishnoi, Economic Status of Women in Ancient India, Kusumanjali Prakashan, Meerut, 1993, pp. 71- 75,
also see, Sukumari Bhattacharji, “Economic Rights of Women in Ancient India”, Economic and Political Weekly,
vol. XXVII, no.9 , March,1991,p.507.
2 R.S. Sharma, Material Culture & Social Formulations in Ancient India, MacmillanIndia Ltd, Madras, 1983, pp.89-
134.

8
Some other historical evidences suggest that during the Vedic period women had an equal status
to men. They were allowed to study the Vedas and participate in Philosophical discussions. Even
some hymns of the Rig Veda were composed by women. After finishing their education, they
could either enter married life or devote themselves to religious and metaphysical studies just
like men.3

According to the Vedic rituals the bride should be a grown-up woman, mature in body and mind.
She is called a Kanya, who chooses a husband for herself. Religious scriptures and epics not only
consider the wife and husband of equal status but also lay emphasis on her dignity and respect in
social and personal life.4

Social Status of Women

The creation of universe has been described by the Aryans as the union of Parkrti and Purusha.
Woman is supposed to be Prakrti and man Purusha; the union of these two has created the home
and made the world. According to ancient ideals, the wife is the other half of man and hence as
long as he does not obtain her, he is incomplete. The epic literature also depicts that a man’s
other half is his wife; therefore, she is called ardhangini.

Though Manu did not have a high opinion of female intellect, he insisted that women should be
honoured. Manu assigns them the highest position of respect and says that a mother should, in no
case, be outlawed even if she has fallen from moral rectitude. 5 The Mahabharata also says that
one who desires prosperity must honour and respect a woman and consider her as the goddess of
fortune.6

3 V. S. Singh, Indian History, Allahabad Law Agency, Faridabad,1986,p.65.

4 Vijay Kaushik & Bela Rani Sharma, India Women through Ages, Sarup and Sons,New Delhi, 2005, p.29.
5 Jayshree Dubey and Anuradha Sharma, “Women and Hinduism”, Anil Dutta Mishra(ed), Women and Religion:
An Encyclopedia on Women in Different Religion of the World, vol.1, Regal Publications, New Delhi, 2011, p. 44.
6 R.S. Sharma, Material Culture & Social Formations in Ancient India, MacmillanIndia Ltd, Madras, 1983, p. 89.

9
Buddha emphasises the principle of reciprocity. Buddha expresses the view that the wife has
duties towards her husband and vice versa. The equal burden of responsibility and duty is the
hallmark of Buddha’s vision about the role of women in family life.7 A Hindu Marriage in
ancient India was to be indissoluble; it was supposed to continue even after death. The Rig Veda
and Atharva Veda entertained very high ideals about the sanctity of marriage. The Sutra
literature condemns the practice of divorce. According to the Manu Smriti, there were five cases
of legal sanction. A wife is allowed to take a second husband if her husband is missing (nashta),
or dead (mrta), or becomes an ascetic (pravrajita), or is impotent (kliba) or is degraded from the
Caste (patita).8 Kautilya also spoke on divorce (moksha), which could be obtained only in case of
mutual enmity and hatred between husband and wife. But he maintains that marriage of the
Arsha and Prajapatya forms cannot be dissolved at all.9

Narade Smriti says “When the husband is lost or dead, or turned a recluse, or impotent, or fallen
from caste, a woman can take a second husband. The Brahmin woman shall wait for eight years
for her husband who is gone abroad; if she has no issue she shall wait for four years. 10

The position of widows has changed considerably from the time of the Rig Veda, confusion over
the remarriage of widow prevailed during the period as it did not define the norms of widow
remarriage and her rights over the husband‘s property; however, the practice of Nagoya
remained popular, with the choice of husband for remarriage. But marriage by the widow from
outside of her late husband‘s home remained debarred.14 One cannot put the Atharv Veda in line
with Rig Veda as it has remained silent over the rights and remarriage of widow.

Anuradha Sharma and Jayshree Dubey, ―Women and Buddhism‖, Anil Dutta Mishra(ed), Women and
Religion: An Encyclopedia on Women in Different Religions of the World, vol.2, Regal Publication, New Delhi,
2011, p.45.
7
M. Sophie Tharakan & Michael Tharakan, “Status of Women in India: A HistoricalPerspective”, Social Scientist,
vol. IV, no.1, November-December 1975, pp.119-120.
8
Thomas, n.10, pp.141-149.
9
Anjali Kant, Women and Law, APH Publication, New Delhi, 2003, pp. 25-26.
10
Dubey & Sharma, n. 6, pp. 54-55

10
According to Manu Smriti woman as a daughter, wife and widow is totally dependent on the
male and an ideal women is one who is an ideal wife. The social, legal and religious status of
woman was distinctively lower than that of a man. 11

But, as Altekar has maintained, the customs of niyoga and remarriage has become unpopular
gradually from the beginning of the Christian era. A widow was considered as a burden and she
did not receive any sympathy in society, if she continued to live in the family of her husband, she
had to work as a drudge. If she lived separately, she was given a pittance as her maintenance.12

Economic Status of Women

In vedic Indiawife was generally regarded as the co-owner of the family property along with her
husband. Taittiriya Samhita holds wife as the mistress of the household and Jamini refers to it for
establishing the contention that women could actually own property. They used to receive
wedding gifts called Purinahya which later came to be known as Stridhana.

The confusion over the right to property of Hindu women is also found in Kautilya’s
Arthasastra. Although he made a clear reference on women rights over the property of her
deceased husband, however, he denied the very rights of women over her dowry and husband
property if she disapproves the husband selected by her father-in law and choose husband of her
choice. A woman was subject to the control of her husband as regarded her Stridhana. Manu says
that women should never hold property which is common to many, nor from their own property
without their husband’s permission. But Yajnavalika was against the independent economic
status of women and wrote that the wife can only claim the property of her husband if she carries
out the command of her husband even after he has renounced the wife.13

11 Vishnoi, n.1, pp. 6 -7.

12A.S. Altekar, The Position of Women in Hindu Civilization, Mohit Banarsidass Publishers Private Limited, New
Delhi, 1978, p. 11719 J.C. Jain, Life in Ancient India as Depicted in Jain Canons, Vikas PublishingHouse, New
Delhi, 1947, p. 163, also see, Kaushik & Sharma, n.6, pp. 36-40. 20 Vishnoi, n.1, pp. 46-47.
13 Clarisse Bader, Women in Ancient India: Moral and Literary Studies, AnmolPublications, Delhi, 2000, pp. 60 -
68.

11
Further developments in the Smriti laws on Stridhana were made by Katyayana. He defines
many type of Stridhana like given to women before the nuptial fire, given to her at the time of
the bride procession and given by brothers, grandmother and grandfather.14

Manu and Katyayana wrote that widows and sonless women do not deserve any rights of
property.15 However, a brother less daughter was recognised as the first heir. For all religious
purpose, the vedic father could, thus, regard a daughter to be as good as a son.16

Yajnavalkya also gives a share to the brotherless daughter in her father’s property.17

Political Status of Women

The political thinkers of ancient India like Narada, Kautilya and Sukra suggested the succession
of the crown only to the male descendants. Hence ancient Indian history does not furnish any
instances of female sovereigns and administrators. The Vedic age, however, presents a glimpse
of women in political and administrative spheres and later in the Epic Age Kautilya was strict
against trusting women for the state duty.

In the Buddhist literature, it appears that religion was mingled with political rights. It is due to
the mingling of religious and political life that a few Queens like Mahapraja Gautami, Kshema
Bhadda, Kundalakesa etc, embracing the Buddhist order have their appearance in the sacred
texts. Regarding the political status of women, the views of Lord Buddha remained very negative
and he disliked the idea of women participating in politics.

14 Sharma, n. 15, pp. 55-67.

15 Vishnoi, n. 1, p. 63,65.
16 Kiran Devendra, Status and Position of Women in India, Vikas Publishing House Pvt. Ltd., New Delhi, 1985, pp.
2- 3.
17 Shakuntala Rao Shastri, Women in Vedic Age, Bharatiya Vidya Bhavan, Delhi, 1954, pp. 54 -55, also see,
Sadhana Thakur, et.al, Women and Jainism, Anil Dutta Mishra, Women and Religion: An Encyclopedia on Women
in Different Religion ofthe world, vol.3, Regal Publications, New Delhi, 2011, pp. 20-21

12
Women in Medieval India

The period of Medieval India (1206-1761 AD) has been depicted as a dark period of Indian
history. India became a soft target to successive invaders, some of them assimilated into Hindu
culture, but the Muslims, adhering to the irrigidity could not interact with Hinduism and
remained a separate entity.

The non-accommodative views of both the communities had a lot of effect on the status of
women indirectly and directly along with the other social implications on Hindu society. The
Mughal invaders created a sense of social insecurity as the invaders looted the women along with
the property of the Hindus. The emotional set-backs which the Hindu families, particularly of
north-India, faced due to the abduction and looting of their women folk by the Muslim invaders
resulted in many problems. The evil practice of infanticide and parda (veil) was developed
during the medieval period.

Social Status of Women

The social status of women in medieval India was largely castigated along the socio- religious
divisions of the Indian society.

The ladies of royalty enjoyed an exalted position in the Mughal courts. These women were not
only provided with the materialistic comforts but also the opportunities of mental and spiritual
growth. Moreover, the avenues of business and commerce were also open to their excellence.
Some of the women from the royalty were even trained in warfare and political
administration.18Thewomen under the Hindu rulers were deprived of the rights which the elite
women enjoyed during the Vedic and ancient period. In comparison to the women of Muslim
royalty, the women from the elite Hindu families were more deprived of the social and economic
rights, which were available even to the women from the low castes of Hindu society.

Mriducchanda Palit, “Power Behind the Throne: Women in Early Mughal Politics”,Mandakranta Bose(ed),
18

Women and Power, Deep &Deep Publications, New Delhi, 1985, p. 202

13
The respect of women as mothers continued and they enjoyed respect both among the Hindus
and the Muslims in medieval India as it was in ancient India. In all the sections of Hindu society,
mothers and other elderly ladies were given utmost respect and their commands were invariably
carried out. The Rajputs particularly showed great regard to their mothers and never dared to go
against their wishes. There are many instances which show that the Rajput rulers did not do
anything without consulting their mothers. For example Rana Sangram Singh of Mewar always
took his meals after paying respect to his mother. The Muslims also showed great respect to their
mothers.19

Marriage and Divorce

The conservatism and the social insecurity which was created after the establishment of the
Mughal empire resulted in restraints and encroachments upon women rights at large. One such
heinous crime against the girl child and violation of the human rights of women was the child
marriage. During the medieval ages child marriage became a popular feature of the Hindu
society, although it had no religious sanction and had no mention in the Vedic age. Theparents
who were afraid of alien rulers married their daughters at a very early age. Girls were generally
married before they reached the age of nine or ten years. Both Hindus and Muslims had fallen a
prey to this evil practice. Among the Hindus sometimes daughters were married even before they
had learned to walk and talk.20

Widow Remarriage was virtually non-existent among the Hindus. A Hindu widow had either to
lead the life of celibacy for the rest of her life or to be burnt on the funeral pyre of dead
husband.21 Widow marriage was permitted amongst the Muslims but the widows were given the
status of a second wife.22

19
Neelam Upadhyay & Rekha Panday, Women in India: Past and Present, APH Publishing, New Delhi, 1990, p. 18.
20
S. C. Raychoudhary, History of Mughal India, Oxford University Press, New Delhi, 1986, p. 251, also see,
N.V. Jagannatha Rao and Godavari D. Patil, “Changing Role and Status of the Indian Women”, J.P. Singh (ed), The
Indian Women: Myth andReality, Gyan Publishing House, New Delhi, 1996, p. 213.
21
Ibid, p. 251.
22
Upadhyay & Panday, n.33, pp. 17-18, also see, Rao and Patil, n.34, p. 212.

14
The evil practices of infanticide, Sati and Jauhar were connected with religion and family
honour. Particularly the Rajputs killed their daughters due to the scarcity of suitable matches or
due to wars with the tribes and outsiders etc.

Parda

Parda was the symbal of the lower status of women which was religiously preserved by the
Muslim women across all the sections of the Muslim society. It also appears as a tendency to
imitate the ruling class; abundant references to the observance of Parda are found in the accounts
of Contemporary foreign travelers.23 Parda was mainly confined to the rich and well-to-do
classes.24

Sati

Another grave tragedy in the lives of Hindu women was the death of their husbands. A widow
had to burn herself with the dead body of her husband otherwise she had to lead a life of misery
and was treated with contempt by the other members of the family. In these circumstances, the
widows were forced to perform the sati24 and in case a widow refused to perform the sati and
exempted from sati due to some reason. She was forced to live a pitiable life, was not allowed to
grow her hair long or to put on ornaments or good dresses.25 The practice of performing Sati
voluntarily was an ancient practice, but gradually it became a forced custom and women were
forced to commit sati after the death of their husbands even against their wishes. The evils of Sati
even continued during the period of Mughal emperors, although they issued many verdicts
against it and even many women refused to burn themselves along with the dead body of their
husbands.26 The efforts of the Mughal emperors could not bear much fruit as they lacked a
comprehensive strategy and strong will. Simultaneously, the religious differences between the
rulers and ruled alsobecame a major hurdle in the banning of sati during the medieval period.27

23
Irfan Habib, Agrarian System in Mughal Indian, Asia Publishing House, London,1963, P.155.
24
Mishra, n.37, p. 132.
25
Withington, Early Travels, Oxford University Press, Delhi,1975 p- 219
26
Thomas, n. 10, pp. 262 – 265, also see, Dubey and Sharma, n.6, pp 53 – 54.
27
Vijay Kaushik & Bela Rani Sharma, Indian Women Through Ages, Sarup & Sons, New Delhi, 2005, pp. 178-
185.

15
Dowry

The marriage of the girls sometimes becomes difficult because of the custom of dowry (Dahej).
It is given at the time of marriage of the girl by her parents. It consisted of gifts given by the
parents to the bride: like jewels, ornaments, furniture, elephants, horses, maids and other articles
of luxury. It was an old custom and gradually it became rigorous. Dowry system was prevalent
more among the commoners than the elite. The nature of dowry differed with the economic
status of the parents. In opposition to the dowry was selling of girls to the grooms and it was
prevalent mostly among the lower classes in the region now comprising of the states of Uttar
Pradesh and Bihar. Under the system the aged and moneyed grooms could marry young girls by
giving money to girl‘s parents. There was also a curious custom of giving away a younger sister
of the bride to the bridegroom as a part of dowry.28

Education of Women

Women education was a distant dream both for the Hindu and the Muslims during the medieval
India. The education of the girls was restrained to the learning of elementary reading and the
reading of the Koran and the Hindu women even did not have this right.29Due attention was paid
to their education. Often the girls of the palaces gathered to receive education of the primary
standard.30
Emperors and the royal families were very keen to make arrangements for the education of their
women. During the reign of Akbar special arrangements were made to impart regular education
to the ladies of imperial harem. Akbar paid great attention to the education of his daughters and
other women of the royalty. They were taught to read and write and were even trained in other
ways by matrons. He established a girl’s school in Fatehpur Sikri.31

28
Misra, n.37, p.131.
29
Kant, n.17, p. 53.
30
Meenakshi Poonia & Virender S. Poonia, Women and Human Rights in India, Sonali Publications, New Delhi,
2011, p. 37.
31
Misra, n.37,p. 87.

16
Simultaneously, the education of common women was not a popular concept and the
opportunities were very few. As there were no regular and separate schools for girls, it is argued
that boys and girls in the early years studied together, but it also seems doubtful due to the
prevailing social evils.32 The condition of the girl child from the Hindu families seems to be
more pathetic as they were deprived of learning the sacred language, Sanskrit, along with the
dalits and other lower strata of Hindu Society.33

Economic Status of Women

During the Medieval period, a Muslim woman had the right to property of her father as her
brother had. Even after her marriage, she did not lose that right. In this respect, a Muslim woman
was better placed than her Hindu counterpart. If she wanted, she could give this property to
anyone she liked. Even her husband did not possess any right on her property. A Muslim woman
also had the right to nullify her marriage, if she was married by her parents at a minor age. She
had equal rights with her male counterpart to dissolve the marriage after attaining the age of legal
maturity. The Hindu child brides and grooms, however, were deprived of this right.34

Allowances and Maintenance

During the Mughal Period, the ladies in Mughal harem were given regular allowances and
maintenance grants to meet their personal expenses. Usually one half of the amount of allowance
in that case, was paid from the royal exchequer and the other half was given to them in the form
of assignment of land the revenue from which usually yielded more than the required amount.
Sometimes, the jagirs assigned to them used to be fairly large.35Women were also the sole
custodian of the presents which they received on special occasions like birthdays, wedding -
ceremonies and gifts from her husband, relatives and friends etc.36

32
J.N. Sarkar, Studies in Mughal India, Atlantic Publishers & Distributors Ltd.,Bombay, 1925, pp. 79- 90.
33
Ibid, p.155
34
Irfan Habib, Agrarian System in Mughal India, Oxford University Press, Delhi,1970, p.155.
35
Thomas, n.10, pp.254-256.
36
S. Das, The Status of Indian Women, ESS Publications, New Delhi, 1979, pp.66-69.

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Employment

The labour force in the Caliphate was employed from diverse ethnic and religious backgrounds.
While both men and women were employed in a wide range of commercial activities and diverse
occupations in the primary sector (as farmers for example), secondary sector (as construction
workers, dyers, spinners, etc) and tertiary sector (as investors, doctors, nurses, presidents of
guilds, brokers, peddlers, lenders, scholars etc.) Muslim women also held a monopoly over
certain branches of the textile industry, the largest and most specialised and market-oriented
industry, of the time, and engaged in occupations such as spinning, dying and embroidery. Poor
women, especially in the villages, worked in this sector and earned handsome money.37

Political Status of Women

During the Sultanate period, the first instance of a royal lady interfering with the politics was of
Shah Turkan, the wife of Iltumish and mother of Ruknuddin Firoz. She was a very ambitious
lady and took the Sultanate in her hands immediately after the death of her husband; she
manipulated the politics and put her Son Kukunuddin Firoz on the throne. Although Iltumish had
declared his daughter Razia as his successor, she did not bother about Razia and the wishes of
her husband and declared her son as the King with the help of some nobles. She started
concentrating all the powers in her hands as she found her son pleasure loving and not a fit
person to rule.

WOMEN IN MODERN INDIA

The history of modern India starts with the advent of the Europeans, particularly the British and
East India Company rule over some provinces at the early stage. The arrival of the British is also
taken as the starting point of the new age in Indian thinking as the connection with the British
Empire provided them an exposure to the outside world and to rational and scientific education.
The rights of women became matter of great concern for the social reformers of India and the
very dawn of India’s renaissance started with the advocacy of women education and liberation.38

37
Ibid, p.135.
38
Kant, n.13, pp.56-57.

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Child Marriage
Child marriage was as rampant as infanticide, it was a continuing phenomena for many centuries
and it was imbedded to the fabrics of the all sections of Indian society. Child marriage became a
matter of great concern not only to the Indian social reformers but also to the British
bureaucracy, as it was a greater social evil than any other social evils which affected the society
at large. First it resulted in the physical, mental and moral degradation of a child bride and then
furthers in a society an increase in the number of sick mothers and the sick child brides and high
rate of mother and child deaths.39
The Brahmo Samaj, the Arya Samaj and all other such socio-religious reform movements
worked against this social evil. It was felt that a law should be passed to prevent child marriage.
Ishwar Chandra Vidyasagar did pioneering work on the issue of child marriage and his efforts
met with success when in 1860 Indian Penal Code included the child marriage as a punishable
offence. Early marriage, however, remained unchecked despite the earnest efforts of the
reformers who continued to oppose it. The movement against child marriage took a long period
and could get some success only when the Government of India passed the Child Marriage Act,
popularly known as the Sarda Act of1929.

Sati
Sati was another social evil which became prevalent in the upper caste Hindus, particularly
among the Brahmin, Bania and Rajput Castes. The voice against the Sati was first raised by the
British officers and it was followed by enlightened Indians like Dwarkanath Tagore and Raja
Ram Mohan Roy. Ram Mohan Roy had seen his brother's wife committing Sati in 1811 and he
fought since then for its abolition.40 Undoubtedly the ground for this social reform had been first
prepared by Ram Mohan Roy. The first major step against the sati was taken by Lord William
Bentinck, the then Governor- General of India (1829-1832), who decided to abolish the evil
practice of sati by passing a law against it.

39
Devendra Kumar Chaudhary, Arya Samaj in Punjab 1877-1901, M. Phil Dissertation (Unpublished), Punjabi
University, Patiala, 1979, pp. 121-122.
40
Annu Menon Muzamdar, Social Welfare in India, Asia Publishing House, Bombay,1964, p.107.

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Widow Remarriage
After the abolition of Sati, another social evil which attracted the attention of a majority of the
social reformers was the miserable plight of Hindu widows and restrictions on their remarriage.
When Sati was abolished, a widow was permitted to exist, but her life was miserable. She was
treated badly by her in- laws. To end this social evil, social reformers like Raja Ram Mohan Roy
and Ishwar Chandra Vidyasagar in Bengal, Malabari, Narmad, Ranaday and K. Natarajan in
Bombay and Dayananda Saraswati took an initiative to improve the condition of widows
advocating the right of a widow to remarry.This wasin the first quarter of the 19th century when
remarriage became the centre of their reform activities concerning women.

Parda
Parda was a practice which made the women to suffer due to many reasons one of which was
seclusion and segregation of women from society. It was very common in north India. The evil
custom of Parda was started with the arrival of Muslims and soon became stronger as the upper
castes and upper classes from the Hindus also started adopting this system.
Amongst the Muslim, a woman was not supposed to appear before a man to whom she was to be
married. The women who observed purda went out in covered palanquins. Those who could not
afford this luxury had to go in burqa which is a sheet covering them from top to bottom.
Almost all the socio-religious reform movements of the Hindus and Sikhs like Brahma Samaj,
Arya Samaj and Singh Sabha had worked to create public opinion against this evil practice. A
large number of articles were written by reformers in various magazines of such movements. To
name a few, Punjabi Bhain, Azad Bhain, Istri Sudhar etc. The mass condemnation of such
irrational socio-religious customs and practices certainly gained momentum under the leadership
of Mahatma Gandhi. Under his influence appeals were signed by men and women of Bihar
demanding the total abolition of Purdah.41

41
G.S. Dutt, A Woman of India, Vikas Publishing House Pvt. Ltd., New Delhi, 1977,p.74.

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Dowry
The custom of giving dowry in the marriage of a daughter was generally unknown in ancient
India but it started in the medieval India and this evil practice continued till today, however, it
has increased to an unbelievablelevel.42
There was no Government enactment to check this growing evil under the British Raj. The
Government of India passed an Anti-Dowry Act in 1961 to check this evil. This act, however,
could not become affective as the evil practice of dowry is not only continuing, but the dowry
deaths are also a matter of routine in our day today life.43

Education and Women

The new thinking and the competitiveness which was created by the Christian Missionaries for
emancipation of women led many social reformers to advocate the same under their reform
movements. It forced them to make a strong arrangement for the education of their women,
which was a necessary effort to control influence of Christianity and western values over their
women folk.
She opened thirty schools and made efforts to attract the girls from the upper caste Hindu
families, her schools also enjoyed the patronage of Hindu gentlemen and staffed by Brahmin
44
Pundits, however, she failed to attract girls from the higher castes. One of the most important
schools for girls was Hindu Balika Vidyalaya opened in 1849 in Calcutta by J.E. Drinkwater
Bethune, legal member of the Governor – General’s Council and President of the council of
Education.45 Lord Dalhousie, Governor – General and of India from 1848 to 1856 declared that
no single change was likely to produce more important and beneficial consequences than female
education. Sir Charles Wood, president of the Board of Central Education from 1853 to 1855,
issued an education dispatch in 1854 that detailed a shift in Government Policy, from providing
higher education for the elites to support for mass education in the vernacular.

42
Y.S. Parmar, Polyandary in the Himalayas, Vikas Publishing House Pvt. Ltd., NewDelhi, 1973, p. 33.
43
Sita Ram Singh, Nationalism and Social Reform in India, Vikas Publishing House,Delhi, 1968, p. 237.
44
R.Vishalakshmi Neduncheziar, "Education of Girls and Women in Tamil Nadu", R.Vishalakshmi (ed), Status of
Women Souvenir 1973, Task-force Sub-Committee on Education, Madrass, 1985, pp. 62-65.
45
J.C. Bagal, Women's Education in Eastern India: The First Phase, World Press Private Ltd., Calcutta, 1956, pp.
77-95.

21
This commission recommended the first factory act and by 1881 this act became legislation,
despite all local hostility.46 Another progressive step for the working women came in 1891, when
the factory act of 1881 was amended and new factory act 1891 was enacted and this act limited
the working hours of women to an eleven hour day and also prohibited women from working at
night.47

Political Status of Women

The politicisation of the women and the demand for the political rights by the women came with
the politicisation of the masses and other weaker sections of the Indian society. Broadly, the
demand for the political rights of the Indian women during the colonial rule can be divided into
two streams. One was by the mainstream politicians and social reformers, who recognized the
equal rights of women along with the other weaker sections of the Indian society and
second is by the educated elite women and women organisation which directly concentrated on
women rights and demanded the same rights for the Indian women as were available to women
in west at that time.

The participation and support of women which the national leaders received during the Baroda
Satyagraha of 1923-24 and the Bardoli Satyagraha of 1928 are memorable. Women commitment
for the, no tax campaign‘ which was launched under the leadership of Sardar Patel was so high
that they did not bother about the confiscation of their land and cattle by the government. The
protest led by Smt. Swarrop Rani against the salt law in Allahabad can be considered as a
historic one as the women did not bow against the most hideous act of lathicharge and other
atrocities.48

The Demand for Women's Franchise

The first initiative for the political rights and right to franchise for the Indian women was taken
by Women's Indian Association (WIA). It was in 1917 when the first delegation of

46
“The First Factories Act-Indian History”, www.indhistory.com/factory-act.html,
47
“The Factory Act” www.indhistory.com/factory-act.html, Accessed: 12-12-2012,10:00 am
48
Suguna, n. 44, p.40.

22
Indian women led by WIA met the Montague- Chelmsford Committee on Constitutional
Reforms. Montagu-Chelmsford Committee suggested increasing the representation of Indians in
the legislative council and widening the electorate, however, it did not make any reference to the
women franchise in India.

The hopes of Indian women were further dashed by the Southborough Committee which was
appointed by the British government to investigate the suggestions made by the Montagu –
Chelmsford Committee. Without wasting any time, the 40 branches of WIA showed the
numerical support for their demands. The committee was presented with a petition signed by 800
educated women and statements supporting women's suffrage from the all – India Women's
delegation. The Southborough Committee's report, however, stated that extension of the right to
vote to women would be premature in a society which continued to enforce Parda and
prohibition against female education.49

Post- Independence Period

Promulgation of the Constitution of India on January 26, 1950 was a defining moment in the
history of human rights in India. The Preamble, Fundamental Rights and Directive Principles of
the State combined together provided the basic human rights for the people of India. Democratic
socialism spelt out in the Preamble and the Directive Principles meant to provide the context in
which the fulfillment of Fundamental Rights had to be achieved. While Fundamental Rights
stressed on the existing rights, Directive Principles provided the dynamic movement towards the
goal of providing human rights for all. In addition to these, the Supreme Court of India through
judicial interpretation has widened the horizons of human rights in India. Article 14 of the
constitution, firstly, confers on women the equality of status and, secondly, protects them against
any violation of this principle. Article 14 recognises "women" as a class and declares this "class"
to be different from men as a class. By this, the legislature was empowered to pass the Hindu
Succession Act, 1956 and remove the traditional disadvantages attached to women.

49
Thomas, n.10, p. 334.

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Directive Principles of State Policy

Article 39, provides: (a) that the citizens, men and women, equally have the right to an adequate
means of livelihood; (b) that there is equal pay for equal work for both men and women; (c) that
the health and strength of workers, men and women are not abused and that citizens are not
forced by economic necessity to enter a vocation unsuited to their age and strength. The principle
underlying this provision is "equal wages for equal work", irrespective of "sex".
In furtherance of these principles, suitable provisions have been included in various labour laws
passed from time to time e.g. the Equal Remuneration Act, 1976, the factories Act 1948, the
Mines Act 1952 and several others statutes. In this regard various international labour
conventions and recommendations of the international labour organisations have been kept in
view. For example, The Equal Remuneration Convention 1951 was followed by the Equal
Remuneration Act, 1976.
Article 42 and 43 specially addresses the States responsibility to make provisions for securing
just and human conditions of work and maternity relief." Article 43: "The state shall endeavor to
secure, by suitable legislation or economic organization or in any other way, to all workers,
agricultural, industrial or otherwise, work, a living wage and conditions of work ensuring a
decent standard of life.‖
The cumulative effect of these articles is that "the state is under an obligation to provide the
suitable legislation to ensure just and human conditions in various industries and maternity
benefits to women".
Article 51-A: stipulates the Fundamental Duties to be followed by citizens. Among others, it
states: ―it shall be the duty of every citizen of India to renounce practices derogatory to the
dignity of women.

Other Legislations protecting women

Besides the Constitutional provisions, The Indian Penal Code, 1860, the Code of Criminal
Procedure, 1973 and the Indian Evidence Act 1872 along with other 54 major legislations are
there to protect and promote women rights.

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