Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : July 19, 2015 | Author : gadhre
Category : Woman Issues | Total Views : 8254 | Rating :

Avinash Gadhre Administrative Officer Legal, National Insurance Co. Ltd.

The Socio-Economic Status of Women in India
Ancient to Modern Era

There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women.
Ancient Indian Women

Scholars believe that in ancient India, the women enjoyed equal status with men in all fields of life. However, some others hold contrasting views. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period Rigvedic verses suggest that the women married at a mature age and were probably free to select their husband. Scriptures such as Rig Veda and Upanishads mention several women sages and seers, notably Gargi and Maitreyi.

Some kingdoms in the ancient India had traditions such as nagarvadhu ("bride of the city"). Women competed to win the coveted title of the nagarvadhu. Amrapali is the most famous example of a nagarvadhu.

According to studies, women enjoyed equal status and rights during the early Vedic period. However, later (approximately 500 B.C.), the status of women began to decline with the Smritis (esp. Manusmriti) and with the Islamic invasion of Babur and the Mughal empire and later Christianity curtailing women's freedom and rights.

Although reformatory movements such as Jainism allowed women to be admitted to the religious order, by and large, the women in India faced confinement and restrictions. The practice of child marriages is believed to have started from around sixth century.

Medieval Indian Women
Medieval India was not women's age it is supposed to be the 'dark age' for them. Medieval India saw many foreign conquests, which resulted in the decline in women's status. When foreign conquerors like Muslims invaded India they brought with them their own culture. For them women was the sole property of her father, brother or husband and she does not have any will of her own. This type of thinking also crept into the minds of Indian people and they also began to treat their own women like this. One more reason for the decline in women's status and freedom was that original Indians wanted to shield their women folk from the barbarous Muslim invaders. As polygamy was a norm for these invaders they picked up any women they wanted and kept her in their "harems". In order to protect them Indian women started using 'Purdah', (a veil), which covers body. Due to this reason their freedom also became affected. They were not allowed to move freely and this lead to the further deterioration of their status. These problems related with women resulted in changed mindset of people. Now they began to consider a girl as misery and a burden, which has to be shielded from the eyes of intruders and needs extra care. Whereas a boy child will not need such extra care and instead will be helpful as an earning hand. Thus a vicious circle started in which women was at the receiving end. All this gave rise to some new evils such as Child Marriage, Sati, Jauhar and restriction on girl education.

· Sati: The ritual of dying at the funeral pyre of the husband is known as "Sati" or "Sahagaman". According to some of the Hindu scriptures women dying at the funeral pyre of her husband go straight to heaven so its good to practice this ritual. Initially it was not obligatory for the women but if she practiced such a custom she was highly respected by the society. Sati was considered to be the better option then living as a widow as the plight of widows in Hindu society was even worse. Some of the scriptures like 'Medhatiti' had different views it say that Sati is like committing suicide so one should avoid this.

· Jauhar: It is also more or less similar to Sati but it is a mass suicide. Jauhar was prevalent in the Rajput societies. In this custom wives immolated themselves while their husband were still alive. When people of Rajput clan became sure that they were going to die at the hands of their enemy then all the women arrange a large pyre and set themselves afire, while their husband used to fight the last decisive battle known as "Shaka", with the enemy. Thus protecting the sanctity of the women and the whole clan.

· Child Marriage: It was a norm in medieval India. Girls were married off at the age of 8-10. They were not allowed access to education and were treated as the material being. The plight of women can be imagined by one of the shloka of Tulsidas where he writes [r1] "Dhol, gawar, shudra, pashu, nari, ye sab tadan ke adhikari". Meaning that animals, illiterates, lower castes and women should be subjected to beating. Thus women were compared with animals and were married off at an early age. The child marriage along with it brought some more problems such as increased birth rate, poor health of women due to repeated child bearing and high mortality rate of women and children.

· Restriction on Widow Remarriage: The condition of widows in medieval India was very bad. They were not treated as human beings and were subjected to a lot of restrictions. They were supposed to live pious life after their husband died and were not allowed entry in any celebration. Their presence in any good work was considered to be a bad omen. Sometimes heads of widows were also shaved down. They were not allowed to remarry. Any woman remarrying was looked down by the society. This cruelty on widows was one of the main reasons for the large number of women committing Sati. In medieval India living as a Hindu widow was a sort of a curse.

· Purdah System: The veil or the 'Purdah' system was widely prevalent in medieval Indian society. It was used to protect the women folk from the eyes of foreign rulers who invaded India in medieval period. But this system curtailed the freedom of women.

· Girl Education: The girls of medieval India and especially Hindu society were not given formal education. They were given education related to household chores. But a famous Indian philosopher 'Vatsyayana' wrote that women were supposed to be perfect in sixty four arts which included cooking, spinning, grinding, knowledge of medicine, recitation and many more.

Though these evils were present in medieval Indian society but they were mainly confined to Hindu society. As compared to Hindu society other societies such as Buddhism, Jainism and Christians were a bit lenient. Women in those societies enjoyed far more freedom. They had easy access to education and were more liberal in their approach. According to these religions gender was not the issue in attaining salvation. Any person whether a man or a woman is entitled to get the grace of god. During the time of king Ashoka women took part in religious preaching. According to Hiuen Tsang, the famous traveler of that time, Rajyashri, the sister of Harshavardhana was a distinguished scholar of her time. Another such example is the daughter of king Ashoka, Sanghmitra. She along with her brother Mahendra went to Sri Lanka to preach Buddhism.

The status of women in Southern India was better than the North India. While in Northern India there were not many women administrators, in Southern India we can find some names that made women of that time proud. Priyaketaladevi, queen of Chalukya Vikramaditya ruled three villages. Another women named Jakkiabbe used to rule seventy villages. In South India women had representation in each and every field. Domingo Paes, famous Portuguese traveler testifies to it. He has written in his account that in Vijaynagar kingdom women were present in each and every field. He says that women could wrestle, blow trumpet and handle sword with equal perfection. Nuniz, another famous traveler to the South also agrees to it and says that women were employed in writing accounts of expenses, recording the affairs of kingdom, which shows that they were educated. There is no evidence of any public school in northern India but according to famous historian Ibn Batuta there were 13 schools for girls and 24 for boys in Honavar. There was one major evil present in South India of medieval time. It was the custom of Devadasis.

· Devadasis: It was a custom prevalent in Southern India. In this system girls were dedicated to temples in the name of gods and goddesses. The girls were then onwards known as 'Devadasis' meaning servant of god. These Devadasis were supposed to live the life of celibacy. All the requirements of Devadasis were fulfilled by the grants given to the temples. In temple they used to spend their time in worship of god and by singing and dancing for the god. Some kings used to invite temple dancers to perform at their court for the pleasure of courtiers and thus some Devadasis converted to Rajadasis (palace dancers) prevalent in some tribes of South India like Yellamma cult.

The plight of women in medieval India and at the starting of modern India can be summed up in the words of great poet Rabindranath Tagore: "O Lord Why have you not given woman the right to conquer her destiny? Why does she have to wait head bowed, By the roadside, Waiting with tired patience, Hoping for a miracle in the morrow?"

Women's Struggle and Reforms
Though women of India are not at par with her counterpart in Western world but she is struggling hard to make her mark in men's world. We can count on certain names from the British India where women put the example of extraordinary bravery which even men might not be able to show. Rani Lakshmi Bai of Jhansi was the one such woman. She was the one who put even British rulers to shame with her extraordinary feats in battle. She fought for her kingdom, which Dalhousie, British Governor General, had unlawfully annexed. She was in a true sense the leader of uprising of 1857. There are certain men who took the cause of women in India. There have been social reformers like Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Swami Vivekanand, Swami Dayananda Saraswati who have helped women gain their previous status in society.

Raja Ram Mohan Roy
Born on 22nd may 1772 he was the torchbearer of social reforms for the women. He was strictly against the evils prevalent in society in his time. He is the one who has done women a great favor by abolishing Sati lawfully. It was due to his efforts that Lord William Bentinck banned the custom of Sati in 1829. Though this law was not a great deterrent but it changed mindset of people to some extent. Ram Mohan Roy also did great work in the field of women education. He was against child marriage and favored widow remarriage. He himself married a widow thus setting the example for the whole society. Along with 'Dwarka Nath Tagore' he founded "Brahmo Samaj" for the reform of Indian society and emancipation of women.

Ishwar Chandra Vidyasagar
Ishwar Chandra Vidyasagar was popularly known as Vidyasager, which means sea of knowledge. Testifying to his name he was truly the sea of knowledge. He was a pillar of social reform movement of Bengal in 19th century. He widely read ancient Hindu scriptures and came to know that the gender divide which was prevalent in Bengal was not encoded in our ancient texts instead it is the politics to keep women subordinate to men. He strongly supported women education in Bengal and went door to door to persuade people to send their girl child to school. He also did a lot in the field of widow remarriage. He opened many schools for girls.

Mahatma Jyotirao Phule
Born on April 11, 1827, Pune, Jyotirao Govindrao Phule was a real philanthropist. He was the one to open first girl school in India. He is also credited with opening first home for widows of the upper caste and a home for newborn girl children so that they can be saved from female infanticide.

Swami Dayananda Saraswati
He was the founder of Arya Samaj and gave a cry, "back to Vedas". He translated Vedas from Sanskrit to Hindi so that a common man can read it and understand that the Vedic Hindu scriptures gave utmost importance to women. He emphasized for the equal rights for women in every field. He tried to change the mindset of people with his Vedic teachings.

Mahatma Gandhi
The social reformers of 19th century laid down the stage for the emancipation of women but it was Mohan Das Karam Chand Gandhi under whose influence these reforms reached masses[r10]. He was the one who liberated Indian women from the clutches of 'Purdah' and other social evils. He brought them from their confinement and asked them to participate in the struggle for independence. According to him women should be liberated from the slavery of kitchen only then their true potential could be realized. He said that responsibility of household is important for women but it should not be the only one. In fact she should come forward to share the responsibilities of nation.

When Gandhiji came to the stage of Indian struggle for independence then the average life span of Indian women was 27 years and only 2%women were educated this shows what a Herculean task it was to bring the women of India who was not getting her basic rights to fight for the cause of the nation. But it was due to his efforts that so many women like Sarojini Naidu, Vijayalakshmi Pandit, Aruna Asaf Ali, Sucheta Kriplani and Rajkumari Amrit Kaur came forward. He spread the message of equality of the gender to the masses and criticized the desire of Indian people to have male child instead of a female. Gandhiji was strictly against the child marriage and favored widow remarriage. He urged the youth to come forward and accept young widows as their life partner. He said that the girls are also capable of everything boys can do but the need of the time is to give them opportunities so that they can prove themselves. It was mainly due to his efforts that when India got independence 'right to vote' came naturally to Indian women whereas in other developed nations like England and America women got this right very late and that too after lot of protest.

Independent India
Women in India now participate in all activities such as education, politics, media, art and culture, service sectors, science and technology, etc.

The Constitution of India guarantees to all Indian women equality (Article 14), no discrimination by the State (Article 15(1)), equality of opportunity (Article 16), equal pay for equal work (Article 39(d)). In addition, it allows special provisions to be made by the State in favour of women and children (Article 15(3)), renounces practices derogatory to the dignity of women (Article 51(A) (e)), and also allows for provisions to be made by the State for securing just and humane conditions of work and for maternity relief. (Article 42).

The Constitution of India guarantees equality of sexes and in fact grants special favours to women. These can be found in three articles of the Constitution. Article 14 says that the government shall not deny to any person equality before law or the equal protection of the laws. Article 15 declares that government shall not discriminate against any citizen on the ground of sex. Article 15 (3) makes a special provision enabling the State to make affirmative discriminations in favour of women. Moreover, the government can pass special laws in favour of women. Article 16 guarantees that no citizen shall be discriminated against in matters of public employment on the grounds of sex. Article 42 directs the State to make provision for ensuring just and humane conditions of work and maternity relief. Above all, the Constitution imposes a fundamental duty on every citizen through Articles 15 (A) (e) to renounce the practices derogatory to the dignity of women.

All these are fundamental rights. Therefore, a woman can go to the court if one is subjected to any discrimination. When we talk about constitutional rights of women in India, we mainly pertain to those areas where discrimination is done against women and special lawsformulated to fight those bigotries. The most important issues stand as those pertaining to marriage, children, abortion, crimes against women, and inheritance.
Before modern Hindu laws were passed, child marriages were the norms, inter-caste marriages were banned, the girl became a part of the husband's family, and polygamy was common. In the 19th century, the British rulers passed several laws to protect customs and traditions while abolishing detestable practices like Sati. Some such revolutionary laws were Hindu Widows Remarriage Act 1865 and the Brahmo Samaj Marriage Act 1872, the forerunner of the present Special Marriage Act. In the beginning, the Act sets four essential conditions for a valid Hindu marriage. They are:
1. Monogamy
2. Sound mind
3. Marriageable age
4. The parties should not be too closely related

Polygamy was permitted among Hindus before the Act was passed in 1955. However, after the act was passed, any man marrying again while his wife is living will be punished with fine and imprisonment up to seven years. Formerly, child marriages were common. The Child Marriage Act of 1929 was not very effective as such marriages were continued to be performed. Now, however, the bridegroom must be 21 years old and the bride 18 years. However, there is a separate Muslim Code of Conduct, which allows polygamy of up to four wives as per Islamic laws.

A marriage may be invalid without the boy or the girl realizing it at the time of the wedding. A civil marriage would be void if four essential conditions are not complied with. These conditions are listed in the Special Marriage Act (Section 4), as enumerated below:
· If it is bigamy

· If either party was suffering from mental disorder

· If the boy has not completed 21 years and the girl 18 years

· The boy and the girl are too closely related, or in legal language, are "within degrees of prohibited relationship" unless custom governing at least one party permits the marriage between them. Prohibited relationships are listed in the Special Marriage Act.

· A fifth reason for invalidating a marriage is impotence of either party.

There are some grounds available to the wife only, both in Hindu and civil marriages. One such ground available exclusively to the wife is her husband's commission of rape, sodomy or bestiality. Under the Hindu Adoptions and Maintenance Act 1956, a Hindu wife is entitled to be maintained by her husband. Section 125 of the Criminal Procedure Code also deals with maintenance of wife and children. If there is a decree of maintenance against the husband and the couple have been living apart for over one year, it would be a ground for the wife to seek dissolution of marriage. Here again the Muslim Personal Law has a different set of conditions for the annulment of an Islamic marriage.

The Dowry Prohibition Act of 1961 says that any person who gives, takes, or abets the giving or taking of dowry shall be punished with imprisonment, which may extend to six months or with fine up to Rs. 5,000 or with both. Dowry that started off as a practice to give away presents to the departing daughter, usually some resources to begin her new married life, slowly assumed extraordinary proportions and turned into a social evil. Brides were expected to bring the "gifts" regardless of their personal willingness. The bride's family could no longer have an individual say; lists were prepared and sent to the girl's house before the final agreement between the two families. The condition being that the boy would marry the girl only if the demands were met. Such a custom is being practiced not only in India but also in other countries like Bangladesh and Nepal. The reason behind this custom is the poor economical condition of the people along with a lack of education; unawareness of legal rights among women and a general bias against the women.

Crimes like rape, kidnapping, eve teasing and indecent exposure can be grouped as crimes against women. Rape is the worst crime against women after murder and the maximum punishment under the Indian Penal Code (IPC) is life imprisonment. An abortion or miscarriage due to natural causes is not an offence. Therefore, the law does not deal with it. However, violent and forceful abortion is a crime. Sections 312 and 316 of the Indian Penal Code deal with abortion as crime. Section 313 deals with abortion without the consent of the woman. The punishment could even be life imprisonment.

The Hindu Succession Act gives male and female heirs almost equal right to inheritance. Section 14 says that any property possessed by a female Hindu shall be held by her as full owner and not as a limited owner.

The feminist activism in India picked up momentum during later 1970s. One of the first national level issues that brought the women's groups together was the Mathura rape case. The acquittal of policemen accused of raping a young girl Mathura in a police station, led to a wide-scale protests in 1979–1980. The protests were widely covered in the national media, and forced the Government to amend the Evidence Act, the Criminal Procedure Code and the Indian Penal Code and introduce the category of custodial rape. Female activists united over issues such as female infanticide, gender bias, women health, and female literacy.

Since alcoholism is often associated with violence against women in India, many women groups launched anti-liquor campaigns in Andhra Pradesh, Himachal Pradesh, Haryana, Orissa, Madhya Pradesh and other states. Many Indian Muslim women have questioned the fundamental leaders' interpretation of women's rights under the Shariat law and have criticized the triple talaq system.

In 1990s, grants from foreign donor agencies enabled the formation of new women-oriented NGOs. Self-help groups and NGOs such as Self Employed Women's Association (SEWA) have played a major role in women's rights in India. Many women have emerged as leaders of local movements. For example, Medha Patkar of the Narmada Bachao Andolan.

The Government of India declared 2001 as the Year of Women's Empowerment (Swashakti). The National Policy For The Empowerment Of Women came was passed in 2001.

In 2006, the case of a Muslim rape victim called Imrana was highlighted in the media. Imrana was raped by her father-in-law. The pronouncement of some Muslim clerics that Imrana should marry her father-in-law led to widespread protests and finally Imrana's father-in-law was given a prison term of 10 years, The verdict was welcomed by many women's groups and the All India Muslim Personal Law Board.

Modern Indian Women

The status of women in modern India is a sort of a paradox. If on one hand she is at the peak of ladder of success, on the other hand she is mutely suffering the violence afflicted on her by her own family members. As compared with past women in modern times have achieved a lot but in reality they have to still travel a long way. Their path is full of roadblocks. The women have left the secured domain of their home and are now in the battlefield of life, fully armored with their talent. They had proven themselves. But in India they are yet to get their dues. The sex ratio of India shows that the Indian society is still prejudiced against female. There are 933 females per thousand males in India according to the census of 2001, which is much below the world average of 990 females. There are many problems which women in India have to go through daily. These problems have become the part and parcel of life of Indian women and some of them have accepted them as their fate.

The main problems of Indian women includes:

· Malnutrition
Generally in India, women are the one who eat last and least in the whole family. So they eat whatever is left after men folk are satiated. As a result most of the times their food intake does not contain the nutritional value required in maintaining the healthy body. In villages, sometimes women do not get to eat the whole meal due to poverty. The UNICEF report of 1996 clearly states that the women of South Asia are not given proper care, which results in higher level of malnutrition among the women of South Asia than anywhere else in the world. This nutritional deficiency has two major consequences for women first they become anemic and second they never achieve their full growth, which leads to an unending cycle of undergrowth as malnourished women cannot give birth to a healthy baby.

· Poor Health
The malnutrition results in poor health of women. The women of India are prejudiced from the birth itself. They are not breastfed for long. In the want of a son the women wants to get pregnant as soon as possible which decreases the caring period to the girl child whereas the male members get adequate care and nutrition. Women are not given the right to free movement that means that they cannot go anywhere on their own if they want and they have to take the permission of male member of family or have to take them along. This results in decrease in women's visit to doctor and she could not pay attention to her health as a result.

· Maternal Mortality
The mortality rate in India is among highest in the world. As females are not given proper attention, which results in the malnutrition and then they are married at an early age which leads to pregnancies at younger age when the body is not ready to bear the burden of a child. All this results in complications, which may lead to gynecological problems, which may become serious with time and may ultimately, lead to death.

· Lack of education
In India women education never got its due share of attention. From the medieval India women were debarred from the educational field. According to medieval perception women need just household education and this perception of medieval India still persists in villages of India even today. Girls are supposed to fulfill domestic duties and education becomes secondary for them whereas it is considered to be important for boys. Although scenario in urban areas has changed a lot and women are opting for higher education but majority of Indian population residing in villages still live in medieval times. The people of villages consider girls to be curse and they do not want to waste money and time on them as they think that women should be wedded off as soon as possible.

The main reason for not sending girls to school is the poor economic condition. Another reason is far off location of schools. In Indian society virginity and purity is given utmost importance during marriage and people are afraid to send their girl child to far off schools were male teacher teach them along with boys.

The lack of education is the root cause for many other problems. An uneducated mother cannot look after her children properly and she is not aware of the deadly diseases and their cure, which leads to the poor health of the children. An uneducated person does not know about hygiene this lack of knowledge of hygiene may lead to poor health of the whole family.

· Mistreatment
In India violence against women is a common evil. Not just in remote parts but in cities also women bear the brunt. They are subjected to physical and mental violence. They are the one who work most but are not given their due. The women is not safe anywhere neither at home nor at workplace. Every hour a woman is raped in India and every 93 minutes a woman is burnt to death due to dowry problem. There are many laws such as The Hindu Marriage Act of 1955, The Hindu Succession Act of 1956, The Hindu Widow Remarriage Act of 1856, The Hindu Women Right to Property Act of 1937, The Dowry Prohibition Act of 1961, to protect women and punishment is severe but the conviction rate of crime against women is very low in India.

· Overworked
Indian women work more than men of India but their work is hardly recognized as they mainly do unskilled work. Their household chores is never counted as a work, if a woman is working in a field to help her husband it will also be not counted as a work. A study conducted by Mies in 1986 states that in Andhra Pradesh a woman works around 15 hours a day during the agricultural season whereas a male on an average works for around 7-8 hours.

· Lack of power
In India a large percentage of women do not have power. They cannot take decisions independently not even related to their own life. They have to take permission of male members for each and every issue. They don't have any say in important household matters and not in matter of their own marriage.

· Marriage
The family mainly fixes the marriages in India. The scenario in villages is very bad. The girl is not consulted[r6] but is told to marry a guy whom her family has chosen for him. They are taught to abide by the whims and fancies of their husbands. Going against the wishes of husband is considered to be a sin. In marriage husband always has the upper hand. The groom and his parents show as if they are obliging the girl by marrying her and in return they demand hefty dowry.

· Dowry
It's a serious issue. Courts are flooded with cases related to death due to dowry harassment by husband and in laws. In ancient times women were given 'Stridhan' when they departed from the house of their parents. This amount of money was given to her as a gift which she can use on her and her children but her in-laws did not have any right on that amount. This amount was supposed to help the girl in time of need. Slowly this tradition became obligatory and took the form of dowry. Nowadays parents have to give hefty amount in dowry, the in laws of their girl are not concerned whether they can afford it or not. If a girl brings large amount of dowry she is given respect and is treated well in her new home and if she does not bring dowry according to expectations of her in laws then she has to suffer harassment. Due to this evil practice many newly wed women of India have to lose their lives.

· Female infanticide/foeticide
As women were supposed to be and in some areas of India are still considered to be curse by some strata of society their birth was taken as a burden. So in past times they were killed as soon as they were born. In some of the Rajput clans of Rajasthan newly born girl child was dropped in a large bowl of milk and was killed. Today with the help of technology the sex of the unborn baby is determined and if it is a girl child then it is aborted down. In all this procedure women do not have any say they have to do according to the wish of their husbands even if she does not wan to abort she have any choice.

· Divorce
The divorce rate in India is not so high compared to western countries but it does not mean that marriages are more successful here. The reason behind low level of divorce rate is that it is looked down by the society. It is regarded as the sign of failure of marriage, especially of women. She is treated as if she has committed some crime by divorcing her husband. In some communities like Muslims women did not have the right to divorce their husband they were divorced at just the pronouncement of " I divorce you" by their husband thrice and they could not do anything except to be the mute spectator. Recently Muslim Law Board has given right of divorce to women. After divorce women is entitled to get her "Mehar" for herself and her children's sustenance. In Hindu society women get maintenance for themselves and their children after divorce.

Crimes against women

Police records show high incidence of crimes against women in India. The National Crime Records Bureau reported in 1998 that the growth rate of crimes against women would be higher than the population growth rate by 2010. Earlier, many cases were not registered with the police due to the social stigma attached to rape and molestation cases. Official statistics show that there has been a dramatic increase in the number of reported crimes against women.

Sexual harassment

Half of the total number of crimes against women reported in 1990 related to molestation and harassment at the workplace. Eve teasing is a euphemism used for sexual harassment or molestation of women by men. Many activists blame the rising incidents of sexual harassment against women on the influence of "Western culture". In 1987, The Indecent Representation of Women (Prohibition) Act was passed to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.

In 1997, in a landmark judgement, the Supreme Court of India took a strong stand against sexual harassment of women in the workplace. The Court also laid down detailed guidelines for prevention and redressal of grievances. The National Commission for Women subsequently elaborated these guidelines into a Code of Conduct for employers.


In 1961, the Government of India passed the Dowry Prohibition Act, making the dowry demands in wedding arrangements illegal. However, many cases of dowry-related domestic violence, suicides and murders have been reported. In the 1980s, numerous such cases were reported.

In 1985, the Dowry Prohibition (maintenance of lists of presents to the bride and bridegroom) rules were framed. According to these rules, a signed list of presents given at the time of the marriage to the bride and the bridegroom should be maintained. The list should contain a brief description of each present, its approximate value, the name of whoever has given the present and his/her relationship to the person. However, such rules are hardly enforced.

A 1997 report claimed that at least 5,000 women die each year because of dowry deaths, and at least a dozen die each day in 'kitchen fires' thought to be intentional. The term for this is "bride burning" and is criticized within India itself. Amongst the urban educated, such dowry abuse has reduced considerably.

Child marriage

Child marriage has been traditionally prevalent in India and continues to this day. Historically, young girls would live with their parents till they reached puberty. In the past, the child widows were condemned to a life of great agony, shaving heads, living in isolation, and shunned by the society. Although child marriage was outlawed in 1860, it is still a common practice.

According to UNICEF’s “State of the World’s Children-2009” report, 47% of India's women aged 20–24 were married before the legal age of 18, with 56% in rural areas. The report also showed that 40% of the world's child marriages occur in India.[42]

Female infanticides and sex selective abortions

India has a highly masculine sex ratio, the chief reason being that many women die before reaching adulthood. Tribal societies in India have a less masculine sex ratio than all other caste groups. This, in spite of the fact that tribal communities have far lower levels of income, literacy and health facilities. It is therefore suggested by many experts, that the highly masculine sex ratio in India can be attributed to female infanticides and sex-selective abortions.

All medical tests that can be used to determine the sex of the child have been banned in India, due to incidents of these tests being used to get rid of unwanted female children before birth. Female infanticide (killing of girl infants) is still prevalent in some rural areas. The abuse of the dowry tradition has been one of the main reasons for sex-selective abortions and female infanticides in India.

Domestic violence

The incidents of domestic violence are higher among the lower Socio-Economic Classes (SECs). The Protection of Women from Domestic Violence Act, 2005 came into force on October 26, 2006. Then also the rate of this crime is not so much decreased and even there are cases coming up from higher strata people after commencement of the Act of 2005.


The Immoral Traffic (Prevention) Act was passed in 1956.[43] However many cases of trafficking of young girls and women have been reported. These women are either forced into prostitution, domestic work or child labor.

Improvement and development in Social condition of Women

Though it is gradually rising, the female literacy rate in India is lower than the male literacy rate. Compared to boys, far fewer girls are enrolled in the schools, and many of them drop out. According to the National Sample Survey Data of 1997, only the states of Kerala and Mizoram have approached universal female literacy rates. According to majority of the scholars, the major factor behind the improved social and economic status of women in Kerala is literacy.

Under Non-Formal Education programme, about 40% of the centers in states and 10% of the centers in UTs are exclusively reserved for females. As of 2000, about 0.3 million NFE centers were catering to about 7.42 million children, out of which about 0.12 million were exclusively for girls. In urban India, girls are nearly at par with the boys in terms of education. However, in rural India girls continue to be less educated than the boys.

According to a 1998 report by U.S. Department of Commerce, the chief barrier to female education in India are inadequate school facilities (such as sanitary facilities), shortage of female teachers and gender bias in curriculum (majority of the female characters being depicted as weak and helpless).

Workforce participation

Contrary to the common perception, a large percent of women in India work. The National data collection agencies accept the fact that there is a serious under-estimation of women's contribution as workers. However, there are far fewer women in the paid workforce than there are men. In urban India Women have impressive number in the workforce. As an example at software industry 30% of the workforce is female. They are at par with their male counter parts in terms of wages, position at the work place.

In rural India, agriculture and allied industrial sectors employ as much as 89.5% of the total female labour. In overall farm production, women's average contribution is estimated at 55% to 66% of the total labour. According to a 1991 World Bank report, women accounted for 94% of total employment in dairy production in India. Women constitute 51% of the total employed in forest-based small-scale enterprises.

One of the most famous female business success stories is the Shri Mahila Griha Udyog Lijjat Papad. In 2006, Kiran Mazumdar-Shaw, who started Biocon - one of India's first biotech companies, was rated India's richest woman. Lalita Gupte and Kalpana Morparia (both were the only businesswomen in India who made the list of the Forbes World's Most Powerful Women), run India's second-largest bank, ICICI Bank.

Land and property rights

In most Indian families , women do not own any property in their own names, and do not get a share of parental property. Due to weak enforcement of laws protecting them, women continue to have little access to land and property. In fact, some of the laws discriminate against women, when it comes to land and property rights.

The Hindu personal laws of mid-1956s (applied to Hindus, Buddhists, Sikhs and Jains) gave women rights to inheritance. However, the sons had an independent share in the ancestral property, while the daughters' shares were based on the share received by their father. Hence, a father could effectively disinherit a daughter by renouncing his share of the ancestral property, but the son will continue to have a share in his own right. Additionally, married daughters, even those facing marital harassment, had no residential rights in the ancestral home. After amendment of Hindu laws in 2005, now women in have been provided the same status as that of men.

In 1986, the Supreme Court of India ruled that Shah Bano, an old divorced Muslim woman was eligible for maintenance money. However, the decision was vociferously opposed by fundamentalist Muslim leaders, who alleged that the court was interfering in their personal law. The Union Government subsequently passed the Muslim Women's (Protection of Rights Upon Divorce) Act.

Similarly, the Christian women have struggled over years for equal rights of divorce and succession. In 1994, all the churches, jointly with women's organisations, drew up a draft law called the Christian Marriage and Matrimonial Causes Bill. However, the government has still not amended the relevant laws.

Some Bright Spots
· India has world's largest number of professionally qualified women.
· India has largest population of working women in the world.
· India has more number of doctors, surgeons, scientists, professors than the United States

Women Achiever
With the help of these social reformers women of India slowly started recognizing her true potential. She started questioning the rules laid down for her by the society. As a result, started breaking barriers and earned a respectable position in the world. Today Indian women have excelled in each and every field from social work to visiting space station. There is no arena, which remained unconquered by Indian women. Whether it is politics, sports, entertainment, literature, technology everywhere we can hear applauses for her.

Women of India are highly active today in this area. Sarojini Naidu, Vijaylakshami Pandit, Sucheta Kriplani were the torchbearer for the women of India. Mrs.Vijay Lkshami Pandit was the first Indian woman to hold a post in the cabinet. Thus paving the way for other women. The most important name in the category of women politicians of recent times is Mrs Indira Gandhi. She was the one who made world stop and notice the talent and potential of Indian women. She was the first women Prime Minister of independent India. Today her daughter-in law Mrs Sonia Gandhi is following her footsteps and leading the Indian National Congress.

Other women who have made their name in politics of India are Shiela Dixit, Uma Bharti, Jayalalitha, Vasundhra Raje and Mamata Banerjee.

Indian women have achieved great laurels for the nation in every sport. Whether it is cricket or hockey India have national women team for every game. Indian women cricket team has won Asia Cup of 2004 and 2005 and made country proud. Some women sports icons of India are:
· P.T. Usha (Athletics)
· Kunjarani Devi (Weight lifting)
· Diana Edulji (Cricket)
· Sania Mirza (Tennis)
· Karnam Malleshwari (Weight lifting)

Art and Entertainment
This arena is full of Indian women. We have many names to boast of like M.S. Subbulakshmi, Indian Nightingale Lata Mangeshkar, Asha Bhosle as famous singers. Madhu Bala, Rekha, Aishwarya Rai as Bollywood queens. Today Indian woman is a painter, an actor, a singer, and a beauty queen.

In past women of India used to write, but their work did not get the recognition. Today they are getting their dues. Arundhati Roy, Anita Desai, Kiran Desai, Shobhaa De, Jhumpa Lahiri are famous names in Indian literature. Not just in India now these women are recognized all over the world. Arundhati Roy has been awarded with the Booker Prize of 1997 for her work "God of Small Things". Kiran Desai has been given Booker Prize of 2006 and Jhumpa Lahiri got recognition in the form of Pulitzer prize.

Corporate Divas

Kiran Majumdar Shaw is the undisputed corporate queen of India. She is the richest Indian woman. She is the MD of Biocon India. She is the wealthiest entrepreneur of India Kiran wanted to become a doctor but could not get admission in medical colleges but even then she did not lose courage and went on to become India's first woman 'Brew Master' and subsequently corporate queen. Another names in this list include Vidya Mohan Chhabaria, Chairperson of Jumbo Group, Naina Lal Kidwai, Vice Chairperson and Managing Director of HSBC Securities and Capital Market, Sullaijja Firodia Motwani and Mallika Srinivasan.

Social saints

The Indian saint of today's times Mother Teresa is the name which every Indian whether rich or poor is familiar with. She was the person who used to consider the smile of her countrymen as her wealth. She worked for those whom even their own families have deserted. She did not care whether she is in the company of a person suffering from communicable disease or whether it is day or night. Whenever or wherever one needed her she was present. She opened various homes for these people most famous of which is 'Nirmal Hriday". It is open to everyone irrespective of caste, creed or religion.

Another important names working for the cause of people includes Aruna Roy who worked for the save RTI Campaign and Medha Patekar who is associated with Narmada Bachao Andolan.

Universal Queens

Indian women have not just made their mark on earth but they have engraved their name in the whole universe by flying to space. Kalpana Chawla, who was the member of Colombia Space Shuttle, which exploded on its way back, was the first Indian women astronaut who visited space station. And now following on her footsteps another women of Indian origin Sunita Williams has become the second one to be the member of International Space Station crew.

Indian women have mastered anything and everything which a woman can dream of. But she still has to go a long way to achieve equal status in the minds of Indian men.
Women's Contribution to the Economy

Although most women in India work and contribute to the economy in one form or another, much of their work is not documented or accounted for in official statistics. Women plow fields and harvest crops while working on farms, women weave and make handicrafts while working in household industries, women sell food and gather wood while working in the informal sector. Additionally, women are traditionally responsible for the daily household chores (e.g., cooking, fetching water, and looking after children). Since Indian culture hinders women's access to jobs in stores, factories and the public sector, the informal sector is particularly important for women. There are estimates that over 90 percent of workingwomen are involved in the informal sector.

The informal sector includes jobs such as domestic servant, small trader, artisan, or field laborer on a family farm. Most of these jobs are unskilled and low paying and do not provide benefits to the worker. More importantly, however, cultural practices vary from region to region. Though it is a broad generalization, North India tends to be more patriarchal and feudal than South India. Women in northern India have more restrictions placed on their behavior, thereby restricting their access to work. Southern India tends to be more egalitarian, women have relatively more freedom, and women have a more prominent presence in society. Cultural restrictions however are changing, and women are freer to participate in the formal economy, though the shortage of jobs throughout the country contributes to low female employment. But in the recent years, conditions of working women in India have improved considerably. More and more women find themselves in positions of respect and prestige, more and more workplaces are now populated with women who work on equal terms as men. Working is no longer an adjustment, a mere necessity; but a means to self worth and growth.

Women have now not only found their place in work places but are also party to governance. In recent years there have been explicit moves to increase women's political participation. Women have been given representation in the Panchayati Raj system as a sign of political empowerment. There are many elected women representatives at the village council level. At the central and state levels too women are progressively making a difference. Today we have women Chief Ministers in five large states of India. The Women's reservation policy bill is slated to further strengthen political participation.

At the end we can conclude that although the changes are occurring slowly but there is an advent of social reforms and strengthening of women in India in late 20th century and hence being at the beginning of 21st century we can hope for the bright future of women in India whereby they can claim to be really equal to the men in every field of life.

· Extensive excerpts from strIdharmapaddhati at http://www.cse.iitk.ac.in/~amit/books/tryambakayajvan-1989-perfect-wife-stridharmapaddhati.html
· Mishra, R. C. (2006). Towards Gender Equality. Authorspress. ISBN 81-7273-306-2 https://www.vedamsbooks.com/no43902.htm
· Pruthi, Raj Kumar; Rameshwari Devi and Romila Pruthi (2001). Status and Position of Women: In Ancient, Medieval and Modern India. Vedam books. ISBN 81-7594-078-6. https://www.vedamsbooks.com/no21831.htm
· "Vedic Women: Loving, Learned, Lucky!". http://hinduism.about.com/library/weekly/aa031601c.htm. Retrieved 2006-12-24.
· "InfoChange women: Background & Perspective". http://www.infochangeindia.org/WomenIbp.jsp. Retrieved 2006-12-24.
· "Women in History". National Resource Center for Women. http://nrcw.nic.in/index2.asp?sublinkid=450. Retrieved 2006-12-24.
· Jyotsana Kamat (2006-1). "Status of Women in Medieval Karnataka". http://www.kamat.com/jyotsna/women.htm. Retrieved 2006-12-24.
· Vimla Dang (1998-06-19). "Feudal mindset still dogs women's struggle". The Tribune. http://www.tribuneindia.com/50yrs/women.htm. Retrieved 2006-12-24.
· "The Commission of Sati (Prevention) Act, 1987". http://www.wcd.nic.in/commissionofsatiprevention.htm. Retrieved 2006-12-24.
· K. L. Kamat (2006-12-19). "The Yellamma Cult". http://www.kamat.com/kalranga/people/yellamma/yellamma.htm. Retrieved 2006-12-25.
· Jyotsna Kamat (2006-12-19). "Gandhi and Status of Women". http://www.kamat.com/mmgandhi/gwomen.htm. Retrieved 2006-12-24.
· Kalyani Menon-Sen, A. K. Shiva Kumar (2001). "Women in India: How Free? How Equal?". United Nations. http://www.un.org.in/wii.htm. Retrieved 2006-12-24.


The author can be reached at: gadhre@legalserviceindia.com

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Woman Issues category
• Crime Against Women & its Impact on Them
• Dr. B.R. Ambedkar’s Role In Women Empowerment
• Marital Rape versus Conjugal Right
• Sec. 498A I.P.C.- Its Use and Misuse
• Live-in Relationships
• Women Society
• Protection Against Sexual Harassment Of Women In India --- A Human Right Perspective
• Extent to which immoral trafficking is addressed
• Sexual Harassment at Workplace
• Gender Justice and Indian Labour
• A Cry Still Unheard: The Menace Of Female Foeticide In India
• Judicial Activism in the Area of Women Empowerment
• The Role of Education Sector in Removing Gender Inequality
• Law of Adultery in India
• Right of Women to Terminate Pregnancy
• Gender Justice: A Comparative Study of U.K., U.S.A., E.U. & India
Most recent articles in Woman Issues category
• Sociological, political, moral and legal implications of surrogacy
• Journey of Women Empowerment
• Gandhis contribution in Women empowerment
• Women Empowerment- How Empowered Are We
• Women Safety in an Insecure World
• Formation of Special Courts in Rape Cases for Speedy Trial
• Women empowerment: With Special Reference to Constitutional Provisions
• Sex Determination and Pre-Natal Diagnostic Technique Act of 1994
• Women Empowerment in India: Discussing Liberal Feminism and Legal Interventions
• Succumbing To Feminism
• The Socio-Economic Status of Women in India Ancient to Modern Era
• Judicial Activism and Women Empowerment In India
• Domestic Violence Against Women-Criminology Perspective
• Uniform Civil Code Towards Gender Justice
• Women Protection and Changing Laws
• Surrogacy Its Legal Implications

Article Comments

there are no comments...

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
Legal Metrology Act, 2009: Establish the standards of Weights & Measures, regulate trade and commerce.

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2016
 ISBN No: 978-81-928510-1-3