ISSN 0970-8669 Odisha Review

Role of the State and Rights of Women

Nirupama Swain

ABSTRACT:
Rights are conditions of life which enable a human being to maintain a dignified life. State is the
instrument through which those conditions are provided to human being. In our society women is
confined to four walls of a house. Through various social customs and traditions, conditions of
women are in a degradable position. In this situation, state has come forward with different provisions
for protection of rights of women.

Now-a-days, the state is the most important Before going to have an eye on the role of India
instrument through which change and development for improving women’s conditions let us have a
can be possible. Over the years, women are look upon international steps.
playing role of house makers deserving nothing
International Steps:-
from society. To maintain a dignified life, every
human being - whether men or women need some For the first time US and various
essential and congenial conditions which are international organizations such as the World Bank
considered as rights. But from time immemorial and UNESCO set up offices for integrating
women are neglected in society. They are silent women into development programs. (Tinker and
observers of many social injustices like dowry, Jaquette 1987, 425). The UN’s declaration for
child marriage, prostitution and servitude. Power, the year 1975 as International Women’s Year
position and prestige are out of reach of women. advocates for gender equality worldwide. The
More recently, however, protest movements on 1975 conference, held in Mexico City legitimized
global scale have brought out the concern that the international women’s movement by elevating
women need special attention. women’s issues to visible international debate.
Both national and international (Tinker and Jaquette 1987, 419) All UN member
organizations now acknowledge that women are nations were required to send representatives to
neglected for years and there is a need to rectify the conference. Though the original theme of the
this situation. So every state has come forward conference had focused on equality before the
and made plans and policies for improving law, development issues were added to the
conditions of women and protecting their rights. conference’s agenda, signaling recognition and

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wider endorsement of the women in Development The signing of the Millennium Declaration
platform (Tinker and Jaquette 1987, 420)1 and the development of the Millennium
The UN conference also resulted in the Development Goals in 2000 confirmed that
declaration of UN Decade for Women from 1976 gender equality had been mainstreamed into
– 1985. The Decade was intended to sustain international goal setting. The Millennium
momentum from International Women’s Year and Development Goals provided a set of
follow up on the goals that had been set in Mexico development targets for UN member countries
City. Two more conferences on women were to reach by 2015. Gender equality was
planned for 1980 and 1985, at the Decade’s institutionalized as one of the eight goals, and while
midpoint and conclusion. The UN also created the goal itself discussed political, economic and
the Voluntary Fund for the Decade of Women, educational dimensions, the target was limited to
an agency directed to assist in the implementation the elimination of gender disparity in primary and
of the goals and policies resulting from Decade’s secondary education by 2015 (World Bank
three conferences. Originally formed as a 2003)2.
temporary instrument, the General Assembly International Conventions:
voted in 1981, to extend the Funds tenure beyond
In 1952, the UN passed the Convention
the Decade. In 1984, the Voluntary Fund was
on Political Rights of Women. The Convention
renamed as the United Nations Development
protected women’s right to vote, run for publicity
Fund for Women (UNIFEM) and placed under
elected bodies, and hold political office.
the organizational umbrella of the United Nations
Development Program (UNDP). Another important milestone in the
international movement for women’s
Another conference on women was held
empowerment is the Convention for Eradication
in 1995, ten years after the Decade on Women
of all forms of Discrimination Against Women
had ended. The UN’s target for 30 % minimum
(CEDAW). In 1979 the draft optional to the
female representation in national parliament has
protocol was discussed on the forty – first session
been in place for more than a decade. The UN’s
of the Commission for the Status of Women
Economic and Social Council (ECOSOC) had
(CSW) in March 1997. The forty – second
originally called on nations to meet the target by
Commission for the Status of Women meet in
1995. It has reaffirmed at the 1995 Fourth World
1998, discussed the broad theme of “Women and
Conference on Women in Beijing. The 1995
Human Rights” along with critical areas such as
Beijing conference focused on ‘Action for
Equality, Development and Peace’. As with past violence against women, armed conflict and rights
conferences, the Beijing conference was well of girl child.
attended by representatives from UN member The Women 2000 session was held at
states, and women all over the world came to the United Nations between 5th and 9th of June
attend the parallel NGO Forum on women, where 2000. This meet aimed to review the progress
activists made strategies and shared stories of their made on the PFA (Platform for Action)
work. The Beijing conference resulted in the implementation by Governments. The meet was
signing of the Beijing Platform, which is up for marred by the slow pace of work, lack of
review in 2005. adherence of most Governments to the

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commitments on the PFA and the inherent tensions • Article 15(3) - Enables affirmative
in the United Nations at that time. The North- discrimination in favour of women.
South divide was perhaps at its peak at that time. • Article 39- Equal means of livelihood and
In spite of these hurdles some policies were
equal pay for equal work.
accepted by various governments including
• Article 42- Just and Humane conditions of
1. Need to make legal and policy changes
work and maternity relief.
would have to be undertaken to ensure
elimination of all forms of gender • Article 51 (A) (e) - Fundamental duty to
discrimination by 2005. renounce practices, derogatory to dignity of
2. Developing the country budgets to include women.
provisions for achieving the commitments The Government of India has always
made at the international level. attached great importance to the protection and
3. Ratification of CEDAW and the optional promotion of the rights of women and is
protocol to CEDAW. committed to achieve it. National Plans and
Policies have consistently reflected a vision of
4. Implementation of “Equal Pay for Equal
progress that is not narrowly confined to expanding
Work.”
incomes, but gives a central place to the
5. Promotion of a nationwide campaign for achievement of rights, freedoms and wellbeing of
elimination of violence against women.3 women.
Steps by Government of India: Various legislations have been done by
Over the past few millennia, the status of Government of India for improving, changing and
women in India has gone through many changes. empowering women. Some important Acts for
Now, they are participating in all activities such women are as follows:-
as education, health, defence, politics, media, art Women specific Legislation
and culture, various service sector, science and
technology. The Constitution of India contains a • Immoral Traffic (Prevention) Act, 1965. The
number of provisions for the empowerment of Maternity Benefit Act, 1961. The Dowry
women. Right to equality, Directive Principles of Prohibition Act, 1961.
State Policy and Universal Adult Franchise are • Indeed Representation of Women
some of the constitutional provisions which give (Prohibition) Act, 1986. The Commission
equal status to women with men. of Sati (Prevention) Act, 1987, Protection
The commitment to gender equality is well of Women from Domestic Violence Act,
entrenched at the highest policy making level-the 2005.
Constitution of India. A few important provisions
Economic
for women are:
Factories Act, 1948, Minimum Wages
• Article 14-Equal Rights and Opportunities
Act, 1948, Equal Remuneration Act, 1976, The
in Political, Economic and Social Spheres.
Employees State Insurance Act, 1948, The
• Article 15-Prohibits discrimination on Plantation Labour Act, 1951, The Bonded
grounds of sex. Labour System (Abolition) Act, 1994.

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Social • The Maternity Benefit Act, 1961 (53 of

1961)
Family Courts Act, 1984, The Indian
Succession Act, 1925, the Medical Termination • The Foreign Marriage Act, 1969 (33 of
of Pregnancy Act, 1971, The Child Marriage 1969)
Restraint Act, 1929, The Hindu Marriage Act, • The Indian Divorcee Act, 1969, (4 of 1969)
1955, The Hindu Succession Act, 1956 (and
• The Medical Termination of Pregnancy Act,
amended in 2005), The Indian Divorce Act,
1971 (34 of 1971)
1969.
• Code of Criminal Procedure, 1973
Women –related Legislations
• The Equal Remuneration Act, 1976
• The Guardians and Wards Act, 1860 (8 of
1890) • The Family Courts Act, 1984
• Indian Penal Code, 1860 • National Commission for Women Act, 1990
(20 of 1990)
• The Christian Marriage Act, 1872 (15 of
1872) • The Infant Milk Substitutes, Feeding Bottles
and Infant Foods (regulation of Production,
• The Indian Evidence Act, 1872 (yet to be Supply and Distribution Act, 1992
reviewed)
• The Pre-Natal Diagnostic Technique
• The Married Women’s Property Act, 1874 (Regulation and Prevention of Misuse) Act,
(3 of 1874) 19944.
• The Workmen’s Compensation Act, 1923 • Pre-Natal Diagnostic Techniques
• The Legal Practitioners (Women) Act, 1923 (Regulation and Prevention of Misuse) Act,
1994 (PNDT), was amended in 2003 to
• The Indian Succession Act, 1925 (39 of The Pre-Conception and Pre-Natal
1925) Diagnostic Techniques (Prohibition Of Sex
• The Child Marriage Restraint Act, 1998 (19 Selection) Act (PCPNDT Act) to improve
of 1929) the regulation of the technology used in sex
selection5.
• The Payments of Wages Act, 1936
Women Empowerment in Five Year Planning
• The Muslim Personal Law (Shariat) of India:-
Application Act, 1937
Over the years the plan documents of India
• The Special marriage Act, 1955 (28 of have reflected some features of women
1989) empowerment but formal ear marking plans for
• The Hindu Adoption and Maintenance Act, women began with the 7th Five Year Plan.
1956 • The Seventh Plan (1985 – 1990) introduced
• The Hindu Minority and Guardianship Act, the concept of monitoring of 27 beneficiary
1956 oriented schemes for women by DWCD.
The exercise continues and the number of
• The Hindu Succession Act, 1956 schemes covered is being expanded.

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• The Eighth Plan (1992 – 1997) highlighted operative attitude from all sections of society are
for the first time a gender perspective and needed to alter their positions. As the society is
the need to ensure a definite flow of funds not static, but dynamic, periodical review of plans
from the general developmental sectors to and policies are essential. The state should not
women. remain silent after framing plans and policies but
• The Ninth Plan (1997 – 2002) adopted the right steps should be taken for ensuring efficient
“Women’s Component Plan as one of the implementation of policies and programmes. The
major strategy and directed both the central real truth is that plans, programmes and legislations
and state government to ensure not less 30% are not sufficient enough to change the condition
of the funds / benefits are earmarked in all of women. Adjustment and attitudinal change in
the women’s related sectors. The our social arena is required to protect rights of
Government of India also declared 2001 as women.
the year of ‘Women’s Empowerment’. References:
• The Tenth Plan (2002 – 2007) attempted 1. Tinker, Irene and Jane Jaquette, “UN Decade for
the major strategy of ‘Empowering Women’ Women: Its impact and legacy on World
Development”, 1987, 15 (3) 419 – 427.
as agents of Social Change and
Development. It adopted a sector – specific 2. World Bank, Gender and Development Group
2003- Gender Equality and the Millennium
three-fold strategy for empowering women
Development Goals. http:/.www.mdgender.net
viz. Social Empowerment and Economic (10th October 2004)
Empowerment and Gender Justice.
3. Instruments of international law concerning
• The Eleventh Plan (2007 – 2012) envisions women http://www.ipu.org/wmn-e/law.htm
empowerment of women as “Inclusive and 4. Legislative Support for Women, Yojana
integrated economic, social and political October 2008, P- 11.
empowerment with gender justice”6. 5. http://www.ncpcr.gov.in/view_file.php?fid=434
• The Twelfth Plan (2012 – 2017) the vision 6. Nayyar Reva, Towards Gender Equity, Yojana,
for the XII Five Year Plan is to ensure October 2006, P-15.
improving the position and condition of 7. XII Five Year Plan Report of the Working
women by addressing structural and Group on Women’s Agency and
institutional barriers as well as strengthening Empowerment, 2011, P18.
gender equity7.
Though various steps have been taken at
different levels to improve the conditions of Nirupama Swain, Asst. Professor in Political Science,
women, so far their status is changing gradually. BJB Jr. College, Bhubaneswar, E-mail :
Only the role of Government is not sufficient, co- [email protected].

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