PREFACE

The rights of men and women are the same but because of certain
situational factors it is imperative to discuss the women's human rights
separately. There are several reasons behind this: first, women are representing
almost half of the world's population; secondly, women are discriminated
throughout the world in different spheres and at different stages; thirdly, women
are supposed to carry out some special flinctions, therefore they needed human
rights separately.
Gender injustice taking the shape of crimes against women has escalated
all over the world and India is not exception to this. Despite the fact that the
Indian mythology placed women on a very high pedestal, deterioration in this
glorious status suffered a socio- cultural setback resulting in loss of their
freedom and decline in their personality. Despite the social reform movement in
the 19"' century arousing considerable awakening, constitutional and legal
provisions aimed at preventing discrimination, positive judicial trends, welfare
schemes and activism of voluntary sector, women continue to suffer - from
increasing tide of violence both in and outside homes.
Question of gender justice is not a communal question or a question
teaching any particular religion it is a social question having humanist contents.
Political democracy is never complete without social democracy and the human
society which keeps fifty percent of its population under social servility can
never hope to prosper.
However, in the sphere of women's human rights in India, there exists a
wide gap between theory and practice. Indian Constitution has granted equal
rights to women like men and several laws have been enacted by successive
governments to realize the goal of gender equality, but the ground reality is
different in actual terms. In real life treatment to women is based on biases and
discriminations. Their condition is deplorable in the country. Very often they
have to face discrimination, injustice and dishonour. Discrimination against the
girl child starts the moment she enters into the mother's womb. This is the reason
behind alarming decline in sex ratio.' Thus the very first and most important
right to life is denied to women. If a girl child opens her eyes any way, she is
killed after her birth by different cruel methods in some parts of the country.
Education is considered as the means for development of personality and
awareness. An educated person can work efficiently for his/her socio-economic
and political development. Education is one of the most important human rights
but the position of women's education in India is not satisfactory.
The need of the hour is to abridge the gap between man and women. The
Universal Declaration of Human Rights, 1948 proclaims the gender justice. The
Fourth world conference on women held in Beijing in 1995 was an important
step forward in terms of Human Rights for Women. Promoting women rights
call for special attention. It has been an important area of focus for the whole
world and the international agencies. Now there is global recognition to the
women rights and these rights are considered as an integral and an inalienable
part of universal human rights. Though, the ages have placed woman on a
pedestal "mother of mankind". Paradoxically, the most horrendous cruelties
have been inflicted on her, often without reason and mostly without just cause.
Women's issues have been a matter of grave concern for a long time but
have attracted attention only in the past few decades. Over the years, radical
changes have been introduced in the laws pertaining to women, which not only
recognize their rights, but also afford protection against exploitation. But
majority of women are still living inhuman conditions and they have been
deprived from their basic human rights. By mere enacting laws, this heinous
state of affair will not change unless and until there is change in attitude of
society towards women. Since, unless and until women get equal status similar
to man, our society cannot progress. There is urgent need that steps should be
taken by legislature, executive, judiciary and also by society itself, for the
upliftment and welfare of women, thus, researcher has chosen to conduct

1 Government reports talk of sex ratio of 933 in 2001 wiiereas it was 946 in 1951. India 2007,
Publications Division, Ministry of information and Broadcasting, Government of India, New Delhi.

II
research on the aspects of women, so that they could be assisted to obtain their
true position in the Indian society.
Salient features of the present research work are as follows:-
> Status of women is not equal as per with man.
> Despite constitutional provisions and lot of legislations women are not
adequately protected in our country.
> Education among the woman is low.
> Women are still subjected to assault at work places, at public places and
also in houses.
> Incident of sexual assault on women are increasing.
> Executive mechanism of women's human rights laws in India is not
proper.
> In spite of comprehensive directions and guidelines issued by the
judiciary of India, executive failed to implement them in letter and sprite.
> Social evils against the women in Indian society are still prevailing.
> With the increase of liberalism in our country the incidents of violence
against women are also increasing

Present study is mainly based on doctrinal methodology where the

primary source material for the present inquiry are conceptual analysis of
women's human rights, Indian Constitution and various legislations relating to
women's human rights, reports of various commissions and the judgments
pronounced by the Supreme Court and various High Courts. Whereas the
secondary sources such as analysis of law, rules, regulations, judicial decisions,
data, legal commentaries and reports are also analysed in the present research
work.
For convenience, the research work has been divided into seven chapters.
Here is the chapter-wise excerpt of research work:-

III
Chapter I
Violence affects the lives of millions of women world wide in all socio-
economic and educational classes. It cuts across cultural and religious barriers
impeding the right of women to participate fully in society. Violence against
women takes a dismaying variety of forms, from domestic abuse and rape to
child marriages and female circumcision. All kind of the violence committed on
the women is violations of the fiindamental human rights, and liberties. In a
statement to the Fourth World Conference on Women in Beijing in September,
1995 the then United Nations Secretary General, Boutros Boutrosghalli, said that
"violence against women is a Universal problem that must be universally
condemned". But he also said that this problem continue to grow in the
contemporary world.
In the present study, and attempt has been made to highlights these
problems with the objective of finding out the solution of such problems relating
to women.

Chapter II
Nearly all human societies in different parts of the world are male-
dominated. Now males have become active part and the females reduce to
passive part of the different societies of the world because they are still treated as
only chattels, saleable and endowed with the duty to serve males elder females
and to do all the domestic works. In theory they are respectable but in practice,
they are the subjects of cruelty, ill treatment, and all sorts of misbehavior of
males. The vulnerability of the women as a class has nothing to do with her
economic independence. The women have been a victim irrespective of her
economic background.
An attempt has been made by the researcher in chapter second of this
research work to evaluate the true position of women in India.

IV
Chapter III
The Constitution of India as an organic and dynamic socio- political and
legal written document which is the guiding polestar for the destiny of the
world's largest Sovereign, Socialist, Secular Democratic Republic it is one of the
youngest basic legal document and also the largest amongst the constitution. It
is first and foremost protector of fundamental rights with a detailed agenda for
people's welfare. People of India (both men and women) adopt enact and give
the constitution of India to themselves.
According to Indian constitution, women enjoy all the provisions which
are applicable along with men. In addition to that, they also enjoy some special
privileges like maternity benefits with wages, prohibition of work in dangerous
operations, and in mines below ground, and equal remuneration for similar work.
For this purpose some provisions are included for the benefit of women
labourers in the following Acts;
A. Factories Act 1948
B. Mines Act 1952
C. Maternity Benefit Act 1948
D. The Equal Remuneration Act 1976
E. Employees state insurance Act 1948
Parliament and respective state legislatures in India have enacted relevant
laws for the promotion of welfare and empowerment of women from time to
time. These laws have also tried to remove the obstacles in the path of women's
development and progress. These are as under'^:
1. The Factory Act, 1976 (amendment in the Factory Act of 1948)
2. Minimum Wages Act, 1948
3. Employees State Insurance Act, 1948
4. Garden Employees Act, 1951
5. Mines Act, 1952 Women's Human Rights

2 See Preamble of The Constitution of India, 1950.

3 Quoted from Purnima Advani's write up on Ensuring Gender Neutrality, an Agenda of tlie National
Commission for Women, 2001, pp. 31-32.

V
6. Special Marriages Act, 1954
7. Hindu Succession Act, 1955
8. Hindu Succession Act, 1956
9. Immoral Trade (Prevention) Act, 1956
10. Hindu Minority and Guardianship Act, 1956
11. Hindu Adoption and Living Act, 1956
12. Maternity Relief Act, 1961
13. Dowry Prohibition Act, 1961
14. Christian Marriage Dissolution Act, 1966
15. Bidi and Cigarette Workers (Conditions of Work) Act, 1966
16. Foreign Marriages Act, 1969
17. Medical Abortion Act, 1974
18. Bonded Labour System (Eradication ) Act, 1976
19. Equal Wages Act, 1976
20. Contract Labour (Regulation and Eradication) Act, 1979
21. Interstate Migrant Labour (Regulation of Employment and Condition of
Work) Act, 1979
22. People Related to Film Industry and Theatre (Regulation of Employment)
Act, 1981
23. Family Court Act, 1984
24. Child Labour (Prohibition and Regulation) Act, 1986
25. Women Obscene Exposure (Prohibition) Act, 1986
26. Juvenile Court Act, 1986
27. Sati (Prevention) Act, 1987
28. Mental Health Act, 1987
29. National Women Commission Act, 1990
30. Baby Milk Substitution, Milk Feeding Bottles and Baby Food (Regulation
Production, Supply and Distribution) Act, 1992
31. Pre-Natal Cure Technique (Regulation and Prevention of Misuse) Act,
1994.

VI
 Though the Indian Constitution provides equality of status and of
opportunity to women, discrimination is still persisting in one form or the other
against women in India. Discrimination against women continue to exist even
today as it is so deep rooted in the traditions of Indian society. The root cause for
the discrimination of women is that most women are ignorant about their rights
and the provision of equality assured to them under the Indian Constitution and
legal system, is going in vain. It is submitted that enlightened women should
fight to bringing awakening in other women regarding their rights by brining
awareness about their status in society as they constituted half of the Indian
population.
In the present chapter, researcher has highlighted the pros and cons of
various legislations including provision of the Constitution of India relating with
the several aspects of women.

Chapter IV
Due to the intricate nature, women have been subject to various kind of
violence for a long time in almost all the society of the world. In chapter fourth
of the present study; researcher has made an attempt to analyze the causes of
violence against women. The atrocities which are use against the women may be
mental or physical. However, according to the degree and places where these
atrocities have been inflicted on the person of women, such violence can be
categories into various classes, for example, domestic violence, sexual
harassment, dowry death, rape, eve-teasing etc. All these above mention aspects
have been covered in chapter forth of the research work.

Chapter V
Constitutional provisions and other legal provisions for the protection and
safeguard of the women can be properly executed by the specified agencies;
which are particularly interested with the job of protection and welfare of the
women. Besides various agencies at international level, in India also there are
many national as well as state agencies vested with the powers and functions for

VII
the protection of the various interests of women by the Indian Parliament and
various state legislatures.
In the forth chapter of the research work an attempt has been made to
highlight the contribution of National Commission on Women in the field of
welfare and protection of the women. An attempt has also been made to evaluate
its success and failures. Similarly the contribution of National Human Rights
Commission, National Minorities Commission in the field of upliftment of
women have also been discussed and analyzed. Besides this there are many state
commissions for the protection of interest of women in various states. The role
and their contributions towards gender equality have also been covered under the
said chapter.
Field of women is vibrant, diverse and growing. Not all NGOs target
women specifically and only very few target women exclusively Women's
NGOs have a role in changing women's perception about their position and
status. Some of them focus on particular needs of women while others focuses
on different aspects of women. For example, struggle-oriented ones fight for
women's rights and service-oriented ones provide training in skills and financial
assistance or assistance to establish self employment small units. Researcher has
made a humble attempt to assess the work of those NGOs which are working in
the arena of welfare of the women.

Chapter VI
Judiciary is an important pillar of democracy. For common people
judiciary is considered as ray of hope in the dark world. The Supreme Court of
India and the High Courts have delivered many land mark judgments for the
protecfion and welfare of women which are mile stone in the advancement of
women causes."^ Chapter sixth of the present research work deals with the

4 CS Uslia V. Madras Refineries and Cliennair others, 2001 LLR 669, Vishakha v. State of Rajasthan
and others, 1997 SCC 241, Uttrakhand MahilaKalyan Parishad v State of UP, AIR 1992 SC 1695, CB
Muthuma v. Union of India, AIR 1979 SC 1868, Supreme Court in Mackinn and Mackenzie v. Audrey
D'costa, AIR 1987 SC 1281, Bombay labour Union v. International Franchise, AIR 1966 SC 9421,
Geetha Hari Haren v. Reserved Bank of India, AIR 1999 SC 1149

VIII
contribution of Indian judiciary in the field of welfare and development of
women.

Chapter VII
After highlighting various evils and offences against the women, the
researcher has raised some important and diverse issues and evils in precise
form. Thereafter to eradicate these evils and for the proper and effective
protection of various interests of women, researcher has made an humble attempt
to find out the solution of such problems. Thus, the present study concludes with
few recommendations which may be proved beneficial for the welfare of
women.

*5<ii<

IX