#MeToo movement in India, which has sparked a national conversation about Sexual Harassment and Abuse, and the Gulabi Gang, a group of women who have organized to fight against Domestic Violence and other forms of abuse
A JOURNEY of Women’s Rights in India” is a fascinating and eye-opening account of the development of women’s rights from ancient India to the present day. Through the lens of history, it traces the ups and downs of women’s rights in India, from the time when women enjoyed a relatively higher status in society, to the establishment of the caste system, and the subsequent erosion of women’s rights.
The emergence of social reform movements, the first and second wave of Feminism, legal reforms, and landmark Supreme Court judgments that have contributed to the development of women’s rights in the country. Despite significant improvements in recent years, women in India continue to face challenges in areas such as education, healthcare, employment, and political representation. A comprehensive overview of the past, present and future of women’s rights in India shows a bright future and serves as a reminder of the progress yet to be made.
India’s history with women’s rights is a long and complex one. It can be traced back to ancient times when women enjoyed a higher status in society. However, with the onset of the medieval period and the establishment of the caste system, women’s rights were gradually eroded, and they were relegated to a subservient role in society. Today, India is a country where women are fighting to gain equal rights.
According to ancient texts such as the Vedas, women in ancient India enjoyed a relatively higher status in society. There were references to women scholars, philosophers, and rulers. However, the Manu Smriti, a legal code dating back to 200 BCE-200 CE, prescribed a subservient role for women in society and limited their rights to property and inheritance.
During British colonial rule, women’s rights were largely ignored, and there was little progress in this area. However, in the 19th century, social reform movements such as the Brahmo Samaj, Arya Samaj, and the Theosophical Society emerged, which sought to improve the status of women in society.
The first wave of feminism in India began in the early 20th century and was led by women such as Sarojini Naidu, Kamaladevi Chattopadhyay, and Annie Besant. They advocated for women’s suffrage, Education, and employment rights. Women also played a significant role in the Indian independence movement, and their participation helped to highlight their political and social issues.
The Constitution of India, which was adopted in 1950, included provisions for gender equality and women’s rights. The 1970s saw the emergence of the second wave of feminism in India, which focused on issues such as violence against women, reproductive rights, and gender discrimination. In the 1980s and 1990s, several legal reforms were introduced, including the Dowry Prohibition Act, the Protection of Women from Domestic Violence Act, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
Several landmark judgments by the Supreme Court of India have contributed to the development of women’s rights in the country. These include Vishaka v. State of Rajasthan (1997) on sexual harassment at the workplace, Mary Roy v. State of Kerala (1986) on women’s right to inherit property, and Indra Sawhney v. Union of India (1992) on reservations for women in public employment.
Violence against women in India is pervasive and often goes unpunished. Women also face significant barriers in accessing healthcare, particularly in rural areas where healthcare facilities are often inadequate or non-existent. In addition, the low participation of women in the workforce is a major concern.
However, the time has changed, the government has launched several initiatives aimed at improving women’s rights, including the Beti Bachao Beti Padhao scheme and the Sukanya Samriddhi Yojana. Women’s organizations and grassroots movements are also working to promote women’s rights and challenge patriarchal attitudes.
The progress of women’s rights in India has led to increased recognition and career opportunities for women, exemplified by Manushi Chhillar’s victory as Miss World 2017 – the sixth Indian woman to win the title. While her win serves as a symbol of progress, there is still much to be done towards achieving true gender equality in the country. From the ancient times of Manu to the modern-day success of Manushi Chhillar, India has come a long way, but there is still a long road ahead.
WOMEN RIGHTS CASE LAWS
Vishaka v. State of Rajasthan (1997): This case led to the formulation of guidelines for employers to prevent sexual harassment of women at the workplace. The Vishaka Guidelines, which were established earlier, have now been integrated into the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
Mary Roy v. State of Kerala (1986): This case challenged the discriminatory provisions of the Travancore Succession Act, which denied women the right to inherit property in the same way as men. The SC ruled the Act as unconstitutional and upheld the right of women to inherit property equally with men.
Indra Sawhney v. Union of India (1992): This case dealt with the issue of reservations in government jobs and educational institutions. The Supreme Court ruled that reservations for women in public employment were valid and necessary to address the historical discrimination and disadvantage faced by women in India.
Lata Singh v. State of UP (2006): This case dealt with the issue of honour killings, where women who marry outside their caste or religion are targeted by their families. The Supreme Court ruled that the right to choose one’s partner and marry outside one’s caste or religion is a fundamental right protected by the Constitution, and that honour killings are illegal.
Anuj Garg v. Hote Association of India (2008): This case dealt with the issue of discrimination against women in the workplace on the basis of pregnancy. The Supreme Court ruled that women cannot be discriminated against on the basis of pregnancy, and that employers must provide maternity leave and other benefits to pregnant employees.