Module 1 Women and Law
Module 1 Women and Law
VIT,Chennai
Semester: BALLB 6th
Module: 1
January 2024
Outline
● The word Vulnerability is derived from a Latin verb “vulnerare” which means “to cause damage or
injury”. vulnerability refers to “the tendency of something to be damaged.
● The Oxford English Dictionary defines “vulnerability” as “the quality or state of being exposed to the
possibility of being attacked or harmed, either physically or emotionally.
● Vulnerable groups are physically, mentally, or socially disadvantaged persons who may be unable to
meet their basic needs and may therefore require specific assistance.
● Refer to segments of the population that are more susceptible to experiencing harm, discrimination,
or disadvantage due to various factors such as their social, economic, geographic location, or
physical circumstances. These groups may face increased risks, have limited access to resources
or opportunities, and require specific support and protection to ensure their well-being and equal
participation in society.
● Vulnerable groups can vary across different contexts, but some common examples include children,
elderly, persons with disabilities, women and girls, ethnic and racial minorities, immigrants and
migrants, refugees and displaced persons etc.
● It is important to note that these groups are not mutually exclusive, and individuals can belong to
multiple vulnerable groups simultaneously.
Women as a vulnerable group
● Vulnerable is nothing but a synonym to the words sensitive, depressed, helpless. Those people who
cannot support their life of their own, these are called the vulnerable. Due to their poverty, old age,
disability the people are to depend on others for their survival.
● The women are also vulnerable as for their body is concern. The women are so delicate in compare
to the men folk. Hence they are treated as vulnerable. So these vulnerable groups require some of
the rights which have been recognized at the international level.
● India is a signatory of all covenants which make the Indian government or the parliament to observe
the rights on the vulnerable sections.
Magnitude and forms of Problems for Women
● Land ownership:Land is an important asset in India. Over 70% of the population derive livelihood
from it. Women traditionally played an important role in land use whether it is agriculture, pasture for
animal husbandry, or land covered with forests. However,women’s access to ownership of land is
extremely limited. Land is rarely in women’s names. Only in the case of widows, usually with no sons,
is it listed under her name.
● The biggest blow to women’s struggle for resource ownership was the policy of land reforms which
gave land titles to men only.
● Health service :Women have the right to the enjoyment of the highest attainable standard of physical
and mental health. The enjoyment of this right is vital to their life and well-being.However, health and
well-being elude a majority of women in the world. A major barrier for women to achieve the highest
attainable standard of health is inequality.Women have different and unequal access to and use of
basic health services,including primary health services for prevention and treatment of childhood
diseases, malnutrition, anaemia, diarrhoeal diseases and tuberculosis among others.
● Women worldwide are increasingly affected by HIV/AIDS. An estimated 20 million unsafe abortions are
performed every year throughout the world, resulting in the deaths of 70,000 women. Approximately, 5,
85,000 women die every year, over 1600 every day,from causes related to pregnancy and child birth
● Violence against women:All forms and acts whether verbal, non verbal,sexual, physical,
psychological, social, cultural and political which violate women’s and girls rights to life, liberty, dignity,
equality and bodily integrity constitute violence against women. This amounts to systematic violation of
women’s human rights.
● It is difficult for rape victims to obtain justice, since the burden of proof rests on the woman. Rape has
been seen as an individual problem and not a social phenomenon. In India a rape takes place every 54
minutes, eve-teasing every 51 minutes, molestation once in every 26 minutes, a vicious act of violence
every 33 minutes and a dowry death every 1000 minutes. A survey for National Commission
for Women found out that 84.97 % of the working women in the organized sector were unaware of the
Supreme Court ruling of August 13, 1997 on sexual harassment Women – A Vulnerable Group
at workplaces.
● Girl Child:A decline in the number of females the world over is an indicator of the discrimination
against them. The reasons for this discrepancy include, among other things, harmful attitudes and
practices, such as female genital mutilation, preference for sons which results in female infanticide
and parental sex determination using techniques like amniocentesis, chorion biopsy and ultrasound.
The sex ratio of females to males shows that the attitudes of people in India have not changed and
the girl child continues to be neglected. Of the twelve million girls born every year, 25% do not
survive beyond the age of 15. Nearly three more female infants than males die in the neo-natal stage
annually in the country.
● The Constitution of India guarantees rights and opportunities to women at par with men in
socio-economic and political affairs through Article 14. Article 15 too prohibits discrimination on
grounds of race, religion, caste, sex etc. and Article 16 guarantees equality of opportunity in public
employment, but the falling sex ratio of the country is indicative of reverse trends. The Prenatal
Diagnostic Techniques Act, 1992 too has failed to stop the disabilities and humiliations faced by the
girl child in the country
● Women and work:The situation of women on the economic front is no better and men still enjoy a
large share of the cake. The majority of women on an average earn about three-fourths the pay of
men for the same work, outside the agricultural sector, in both the developed and the developing
countries.
● Women make up 31% of the official labour force in developing countries and 47% worldwide Rural
women produce more than 55% of all foodgrains in developing countries. Women's contribution to
development is seriously underestimated and thus its social recognition is limited.
● Only the women in the formal or organized sector can be considered to be protected by the
labour laws while the women in the unorganized sector are marked with high incidence of
casual labour doing intermittent jobs at extremely low wages, total lack of job security benefits,
long hours of work, unsatisfactory working and living conditions. The work of women at home
includes collection of firewood, bringing water from long distances and helping in the family or
in the fields and this type of work is not recognized because they are not paid for it. The work
burden on women is extreme. In India,women work 69 hours a week, while men work 59 hours
per week.
Status of women during different periods of history around the world
➢ Mesopotamia: Women had some legal rights but were often subordinate to men.
➢ Ancient Egypt: Women had legal rights, including property ownership, and some held positions of
political power.
➢ Ancient Greece: Women's status varied, with limited rights in the public sphere but more influence in
the household.
➢ Ancient India
➢ Europe: Women's roles were largely confined to the domestic sphere, and they had limited legal
rights.
➢ Islamic Golden Age: Women in the Islamic world had legal rights in areas like inheritance and
education, though their roles were often traditiona
● During the sultanate period, social status of a woman, both in Hindu and Muslim communities was very low. She was
regarded as the property of men. Females belonging to the nobility observed purdah and were rarely allowed to go
outside the house. Firuz Shah Tughluq, (1309-1388) prohibited women from even visiting holy shrines. It was
believed that if women went out, they might get involve in immoral activities.
● As a custom, rulers and nobles married many women and kept slave girls in a place called harem. Their
women, while not always getting a very good treatment from them, were considered as their honour. The
Rajputs, especially after being defeated in wars, killed their wives and slave girls in order to save their
honour. Whenever a war took place, the defeated enemy's wealth and all their belongings were
distributed equally among the triumphant army, and even the women folk of the enemy were treated as
war booty.
● Women had no freedom and were suppressed. Peasant women had to work at home as well as in the
fields. Their life was very hard and without love and respect. Among the Hindus, the custom of 'sati' was
common in which a widowed woman had to immolate herself on her husband's funeral pyre. However,
women belonging to the nobility had some privileges; they could get education at home and enjoyed
some freedom. However, there have been women who got the opportunity to play important roles in
politics and the administration.
● During the Sultanate period, Razia Sultana became the successor of her father, Iltutmish (1211-1236).
She was the first Muslim woman to sit on the throne as a ruler. Razia was talented, wise and excellent as
an administrator. She received trainings in fighting, leading armies, administration, etc.
● Gradually, she took some bold steps, such as abandoning purdah and dressing like a man and appearing
in public without any hesitation. According to Minhaj Siraj (born 1193), a historian of that era, while
appearing at public places, people could see her clearly and while she sat on her throne in the court, she
was guarded by armed women.
● The Turkish nobility had no intention to further comply with the Iltutmish's appointment of a
woman as his heir; they disliked Razia because her policies supported non-Turks more than
they did the Turks;, therefore they disapproved of Rizia's bold behaviour and started rebelling
against her.
● One of the Turk nobles, Malik Altunia, revolted against her. In desperation, and to escape
death, she agreed to marry him. While she was in Bhatinda, in north-western India, her
brother, Muizuddin Bahram Shah, with the help of 40 chiefs declared himself king. Both Razia
and her husband Altunia tried to regain the throne but they were defeated and executed by her
brother.
Position of women in Renaissance Period
● In the Renaissance, women were to marry and have children, there main job was to take care of the
household .If Women were given the opportunity to work they were sometimes paid less for the
same jobs as men , which meant that more women were unemployed.
● If the Women who could not marry or didn't have the money were required to become nuns or had
to find work.During the renaissance, Women of higher status were given an education up to an
extent, if of lower status the woman wanting an education usually studied to become a nun if not
then the only other education provided was by their mothers of how to become a proper housewife
and future mother.
● Women workers were often preferred for hired farm work. Women have always been a majority of
the household servants. When a country family needed money, they would often send the daughters
out to service or to day labor.
● Elizabeth was born in the Chamber of Virgins on September 7th, 1533.Elizabeth's father originally
wanted a son so that he would carry on the throne but unfortunately all he had was two girls one of
which is Queen Elizabeth Queen Elizabeth ruled during the time of the renaissance and became an
important figure in the history of England.
Position of women in 19th century
● European and American women in the nineteenth century lived in an age characterized by gender inequality.
At the beginning of the century, women enjoyed few of the legal, social, or political rights that are now taken
for granted in western countries
● They could not vote, could not sue or be sued, could not testify in court, had extremely limited control over
personal property after marriage, were rarely granted legal custody of their children in cases of divorce, and
were barred from institutions of higher education.
● Women were expected to remain subservient to their fathers and husbands. Their occupational choices
were also extremely limited. Middle- and upper-class women generally remained home, caring for their
children and running the household. Lower-class women often did work outside the home, but usually as
poorly-paid domestic servants or laborers in factories and mill.
● For most of the eighteenth century through the first few decades of the nineteenth century, families worked
together, dividing farming duties or work in small-scale family-owned businesses to support themselves.
With the rapid mercantile growth, big business, and migration to larger cities after 1830, however, the family
home as the center of economic production was gradually replaced with workers who earned their living
outside the home.
● In most instances, men were the primary "breadwinners" and women were expected to stay at home to
raise children, to clean, to cook, and to provide a haven for returning husbands.
Position of women in 20th century
● The 20th century witnessed significant transformations in the status of women
globally, as well as in India. Throughout this era, women fought for their rights,
challenged societal norms, and achieved remarkable progress in various
fields.
● Causes of the Changing Status of Women: 1. Women's Suffrage
Movements:
● One of the pivotal catalysts for change was the women's suffrage movements
that emerged worldwide in the early 20th century. Women tirelessly
campaigned for their right to vote, leading to landmark achievements such as
the passage of the Nineteenth Amendment in the United States in 1920 and
the Representation of the People Act in the United Kingdom in 1918.
● Increased access to education and employment opportunities played a vital role in transforming
women's status. The establishment of educational institutions and the rise of feminist
movements advocated for equal educational rights.
● Feminist movements across the globe spearheaded the fight for gender equality. The
suffragette movement in the UK, led by suffragettes like Emmeline Pankhurst, and the feminist
movement in the United States, with iconic figures such as Gloria Steinem, demanded equal
rights, reproductive rights, and an end to gender discrimination.
● As women gained access to education and employment, their economic independence soared.
They began challenging traditional gender roles, contributing to household incomes, and
actively participating in entrepreneurial ventures
● The changing status of women led to significant legal reforms, including changes in marriage
laws, inheritance rights, and protection against domestic violence.
● Women's empowerment movements, such as the MeToo movement, brought attention to issues like
sexual harassment, gender-based violence, and workplace discrimination. Such movements
created awareness, challenged societal norms, and paved the way for necessary changes in
attitudes and policie
Women in 21th century
● Women in the 21st century have expanded their roles and positions in
society, especially those that were formerly dominated by men. These areas
include careers, independence, decision-making, and military combat, to
name just a few. Women are still trying to prove their equality to men, but
have made major strides in the last 100 years
● The modern era has taken the woman out of the home and into the
workplace. furthermore, large families are no longer as economically practical
or as socially desired. Today’s family model has changes & the traditional
family structure of woman as homemaker and husband as breadwinner
makes up only 10 percent of today’s families
● Women have made advances towards equity in their career.For example modern woman may compete
in the workplace for positions such as doctors, engineers,architects, and construction workers. These
occupations were previously dominated by men. Today you see women climbing the corporate ladder of
large companies earning salaries approaching, if not equivalent, to those of men. In the past, the ‘glass
ceiling’was much lower.
● Many more women areoccupying the position of Chief Executive and are even sitting on Board of
Directors . The modern-day woman is independent, makes the right decisions, stands up for her rights,
and strives to succeed. Women like Kalpana Chawla, Indra Nooyi, Susma Swaraj, Aishwarya Rai and
Susmita Sen serve as examples.
● Modern women make the right career choices that determine their future, and as a result, they excel in
every aspect of their lives. While rural women have made some progress, they still have a long way to
go than their urban counterparts. Rural women are not backward by any means, but the changes and
transformations that urban women see happen much more slowly.
● During the modern time in India, women have been granted rights such as freedom of expression,
equality, and education. During this period, women held various prestigious positions. The ‘Ladies first’
facility is being enjoyed in several fields. We still face several problems in our society, including dowry,
domestic violence, sex detective abortion, and female infanticide
● Currently, women learn about social benefits, such as being aware of social issues, having a good
image in the family, promoting better education for their children, and taking care of the elderly or infirm.
Most women can complete their education up to the degree level today. When they are young, they are
discouraged from getting married and starting families.
● Government programs provide education grants to women from low-income backgrounds to give them
a chance to go to college. Many scholarships are available in India for women who wish to achieve their
career goals by returning to school at various training institutions.
● The female gender has been particularly vulnerable to horrific events like rape and sexual assault. The
prosecution of the perpetrators of such heinous acts has been abysmally low despite a surge in such
crimes. Because of this, perpetrators can easily avoid the law, so they are encouraged to commit similar
crimes again.
● The Indian women’s movement has made some progress despite the less-than-ideal conditions in which
they live. Still, India is far from achieving women’s empowerment truly in its true sense.
The position of women at the international level encompasses a range of roles, challenges, and
advancements across various spheres. Here are key aspects:
● International Organizations:
Leadership Roles: Women have assumed leadership positions in international organizations. For
example, women have served as heads of UN agencies, the International Monetary Fund (IMF), and the
World Health Organization (WHO).
Gender Equality Initiatives: International organizations, including the United Nations (UN), have prioritized
gender equality and women's empowerment through initiatives such as UN Women.
● Diplomacy and International Relations:
Representation: While progress has been made, women remain underrepresented in diplomatic and
international relations roles. Efforts are ongoing to increase the number of women in diplomatic
services and peacekeeping missions.
Gender in Foreign Policy: Some countries have adopted feminist foreign policies, integrating gender
perspectives into diplomatic decision-making.
● Human Rights and Advocacy:
Women's Rights Movements: International women's rights movements have advocated for gender equality,
challenging discriminatory practices and policies globally.
● International Agreements: Conventions such as the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) have provided a framework for promoting and protecting
women's rights.
● Global Health:
Leadership in Health: Women play significant roles in global health, contributing as healthcare
professionals, researchers, and leaders in addressing global health challenges.
Reproductive Health Advocacy: International organizations focus on improving women's reproductive
health, with efforts to enhance access to family planning and maternal healthcare.ll
● Economic Empowerment:
Entrepreneurship and Leadership: Women entrepreneurs and leaders contribute to the global economy.
Initiatives promote women's economic empowerment, addressing barriers in access to finance and market
opportunities.
● Peace and Security:
Women, Peace, and Security Agenda: The UN's Women, Peace, and Security agenda emphasizes the
● Representation in Peacekeeping: Efforts are made to increase the participation of women
in UN peacekeeping missions, recognizing their unique contributions to conflict resolution.
● Science and Technology:
Representation in STEM: Women contribute to advancements in science, technology,
engineering, and mathematics (STEM). Initiatives aim to address gender disparities in
STEM fields globally.
● Digital Inclusion:
Internet Access: International efforts address the digital gender divide, promoting women's
access to and participation in the digital economy.
Combatting Online Violence: Initiatives focus on combating online harassment and violence
against women in digital spaces.
While progress has been achieved, challenges persist, and there is a continued need for
concerted global efforts to address issues such as gender-based violence, unequal
representation, and systemic discrimination. International collaboration and advocacy play
crucial roles in shaping the position of women on the global stage.
Thank you