Unit 5.

Law and Empowerment

5.1 Constitutional Provisions for women
India's Constitution contains various provisions aimed at safeguarding the rights and interests
of women. Here are some key constitutional provisions for women in India:

1. Right to Equality (Article 14-18):

Guarantees equality before the law and prohibits discrimination on the basis of sex. The state
is directed to ensure equal opportunities in matters of employment and public appointments.
2. Directive Principles of State Policy (Article 39):
Emphasizes equal pay for equal work for both men and women (Article 39(d)) and the health
and strength of workers, men, and women, and the tender age of children are not abused
(Article 39(e)).
3. Right against Exploitation (Article 23-24):
Prohibits trafficking in human beings and forced labor. Specifically mentions that trafficking
in women and children for immoral purposes is prohibited.
4. Right to Education (Article 21-A):
Guarantees the right to free and compulsory education for all children between the ages of 6
and 14. This provision benefits both boys and girls.
5. Special Provisions for Women (Article 15(3) and 15(4)):
Article 15(3) allows the state to make special provisions for women and children. Article
15(4) allows for special provisions for the advancement of socially and educationally
backward classes, including women.
6. Reservation of Seats (Article 243D, 243T):
Provides for the reservation of seats for women in local bodies (Panchayats and
Municipalities) to ensure their participation in grassroots governance.
7. Maternity Benefit (Article 42):
Directs the state to make provisions for securing just and humane conditions of work and
maternity relief.
8. Uniform Civil Code (Article 44):
Encourages the state to secure a uniform civil code for citizens throughout the territory of
India, which, if implemented, could have implications for gender justice.
9. Special Officer for Scheduled Castes, Scheduled Tribes, and Other Backward Classes
(Article 338, 338A, 339, 340):
While not exclusively for women, these provisions aim at the welfare of these groups, and
women within these communities benefit from these provisions.
10. National Commission for Women (NCW):
Though not a constitutional provision, the National Commission for Women was established
to safeguard and promote the interests of women.
11. Prohibition of Traffic in Human Beings and Forced Labor (Article 23):
This article prohibits traffic in human beings and forced labor and provides for the
enforcement of this prohibition.
These constitutional provisions collectively work towards ensuring the empowerment,
protection, and equal opportunities for women in various spheres of life. However, it's
important to note that effective implementation, awareness, and societal changes are crucial
for achieving gender equality in practice.
The National Commission for Women (NCW) in India is a statutory body that was
established to safeguard and promote the rights and interests of women. Here are the key
features and functions of the National Commission for Women:

Features:
Statutory Body:

The NCW is a statutory body established under the National Commission for Women Act,
1990.
Independence:

It operates as an autonomous organization, aiming for independence in its functioning.

Multi-Member Commission:

The NCW is typically composed of a chairperson and members appointed by the government.
Term of Office:

Members serve for a fixed term, and the chairperson and members are eligible for
reappointment.
Powers of a Civil Court:

The NCW has the powers of a civil court, allowing it to summon and enforce attendance,
receive evidence, and examine witnesses.
Reports to Parliament:

The Commission submits annual and special reports to the Central Government, highlighting
the status of women and recommending measures for their improvement.
Functions:
Investigation and Examination:

Investigates and examines all matters relating to the safeguards provided for women under
the Constitution and other laws.
Inquiring into Grievances:

Inquires into complaints and grievances related to women's rights, including matters of
discrimination and violence against women.
Legal Intervention:

Intervenes in legal proceedings involving allegations of discrimination or violence against

women.
Research and Publications:

Undertakes and promotes research and documentation of information related to women's

rights. Publishes reports and studies.
Education and Awareness:

Promotes awareness of women's issues through educational programs, seminars, and

workshops.
Recommendations and Advice:
Makes recommendations to the government on issues affecting women and advises on policy
matters.
Coordination:

Coordinates with various governmental and non-governmental organizations working for

women's welfare.
Legal Aid and Assistance:

Provides legal aid and assistance to women in need, particularly those who are economically
underprivileged.
Implementation of Legislation:

Works towards the effective implementation of laws and provisions safeguarding the rights of
women.
Monitoring:

Monitors the implementation of constitutional safeguards for women and reviews existing
legislation for possible amendments.
Special Studies:

Undertakes special studies or investigations on specific topics or issues affecting women.

Publications and Campaigns:

Publishes reports, journals, and other publications to disseminate information on women's

issues. Engages in public awareness campaigns.
The National Commission for Women plays a crucial role in advocating for women's rights,
addressing gender-based discrimination and violence, and working towards creating an
environment where women can live with dignity and equality.
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) is an international treaty adopted by the United Nations General Assembly in
1979. It is often referred to as the international bill of rights for women. CEDAW defines
discrimination against women and outlines measures to end such discrimination in all its
forms, including political, economic, social, cultural, civil, and other fields. The convention
calls for equality between men and women in areas such as employment, education,
healthcare, and legal rights. Countries that are party to CEDAW are required to submit
regular reports on their progress in implementing the convention's principles.
189 countries are parties to the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW). The countries that have not ratified CEDAW are
Iran, Palau, Somalia, Sudan, Tonga, and the United States. he Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW) identifies various problems
related to gender discrimination and suggests measures to address them.
Some of the key problems identified include:Violence Against Women: CEDAW recognizes
that violence against women is a widespread and serious human rights violation. This
includes domestic violence, sexual assault, trafficking, and harmful practices like female
genital mutilation.
Discrimination in Employment: Women often face discrimination in employment, including
unequal pay, limited access to certain professions, and lack of maternity leave and childcare
support.
Access to Education: CEDAW emphasizes the importance of equal access to education for
women and girls. This includes addressing barriers such as cultural norms, lack of resources,
and gender-based violence in educational settings.
Political Participation: The convention highlights the need for women's equal participation in
political and decision-making processes at all levels of government.

Healthcare: CEDAW recognizes the importance of women's access to healthcare services,

including reproductive health services and information, as well as addressing issues like
maternal mortality and HIV/AIDS.

To address these problems, CEDAW suggests various measures, including:

Legal Protections: Implementing and enforcing laws that prohibit discrimination against
women in all areas, including employment, education, healthcare, and politics.
Awareness and Education: Promoting awareness about women's rights and gender equality
through education, training, and public campaigns.
Support Services: Providing support services for victims of gender-based violence, including
shelters, counseling, legal aid, and healthcare.
Empowerment Programs: Implementing programs to empower women economically,
socially, and politically, including access to credit, training, and leadership opportunities.
Data Collection and Monitoring: Collecting data on gender disparities and monitoring
progress in achieving gender equality goals, including through regular reporting to the
CEDAW Committee.
The Ministry of Women and Child Development in India plays a crucial role in formulating
and implementing policies and programs for the welfare and empowerment of women and
children in the country. Here are key points you can include in your notes:

Objective: The ministry's primary objective is to ensure the overall development and
empowerment of women and children, with a focus on gender equality, women's rights, child
protection, and welfare.

Initiatives and Programs:

Beti Bachao Beti Padhao (BBBP): A flagship program aimed at addressing the declining
child sex ratio and promoting the education of girls.
Sukanya Samriddhi Yojana: A savings scheme for the girl child to ensure financial security
and encourage parents to save for their daughters' future.
Integrated Child Development Services (ICDS): Provides holistic services for early childhood
development, nutrition, health care, and education for children under six years of age.
National Nutrition Mission (POSHAN Abhiyaan): Focuses on addressing malnutrition among
women and children through various interventions.
One Stop Centres (OSCs): Provides support and assistance to women affected by violence,
including counseling, legal aid, medical assistance, and rehabilitation services.
Mahila Shakti Kendras: Aims at empowering rural women through skill development,
capacity building, awareness programs, and support services.
Legislation and Policies:

The ministry works on drafting and implementing legislation related to women and children's
rights, such as the Protection of Women from Domestic Violence Act, the Juvenile Justice
Act, and amendments to the Dowry Prohibition Act.
It also formulates policies and guidelines for issues like maternity benefits, child protection,
women's safety, and gender sensitization.
Collaboration and Partnerships: The ministry collaborates with various stakeholders
including state governments, NGOs, international organizations, and civil society groups to
achieve its objectives and implement programs effectively.