NATIONAL FORENSIC SCIENCES UNIVERSITY, GANDHINAGAR
SCHOOL OF LAW FORENSIC JUSTICE AND POLICY STUDIES
INTERNSHIP RESEARCH PAPER
For the period of Internship from January 8th to 25th, 2024
At Gujarat State Human Rights Commission
For the Academic Session 2023-24
Submitted to:
Gujarat State Human Rights Commission
Gandhinagar.
Submitted by:
Prerna Patel
LL.B. [Hons.]
National Forensic Sciences University
Title:
Rights of women in the context with human rights
Abstract:
As we embark on this exploration, it is crucial to recognize the interconnectedness of
women's legal rights with broader societal structures. This paper aspires to serve as a catalyst
for informed discussions, policy advocacy, and collective action, fostering a deeper
understanding of enduring challenges and pathways toward a more just and inclusive future.
The study of women's legal rights within the context of human rights transcends academic
inquiry; it represents a call to action, urging us to confront injustices, challenge norms, and
collaboratively strive towards a world where the rights of every individual, regardless of
gender, are unequivocally protected and respected.
List of Abbreviation:
Art. Article
UDHR Universal Declaration of Human Rights
UN United Nations
SC Supreme Court
VS Versus
IPC Indian Penal Code
Sec. Section
ICC Internal Complaints Committees
SHG Self-Help Group
GNN Gaurav Nari Niti
GRC Gender Resource Centre
ICJ International Court of Justice
SCC Supreme Court Cases
WP Write Petition
OP Original Petition
List of Cases:
Indian Young Lawyers Association Vs. the State of Kerala
Vishaka Vs State of Rajasthan Bhanwari Devia
Centre for enquiry into Health and Allied themes (CEHAT) Vs Union of India
Mary Roy Vs State of Kerala
[Link]:
The concept of human rights, often seen as the cornerstone of a just and equitable society,
encompasses the inherent rights and freedoms entitled to all individuals, regardless of gender,
race, or creed. Despite the global commitment to upholding these principles, women have
historically faced systematic discrimination, violence, and impediments to exercising their
rights. This paper aims to decipher the legal dimensions shaping women's experiences by
critically examining the intersections of gender, law, and human rights.
In India, the legal rights of women are governed by various laws and regulations aimed at
promoting gender equality and protecting women's rights. While progress has been made in
recent years, there are still challenges and disparities in the enforcement of these rights. Here
in the research paper these are some of the key legal rights and protections for women in
India.
2. Literature Review:
Some of the prominent articles and the research already made in this field has provided some
of the key findings on the topic of the legal rights of women in India that the Indian
government guarantees to its citizens which is also mentioned in this research paper but the
real question that arises is whether this provisions are enough as we all know that India is still
a developing nation so it becomes essential to examine whether the legal rights of women are
in line with human rights. This research paper particularly aims at comparing such rights with
the human right declarations made by UN.
[Link]:
Various books and the government sources has been read
First the existing provisions were studied then there implementation through different
government data and newspaper has been studied
Then 30 articles of Universal Declaration of Human Rights by UN have been studied in
depth.
[Link] and Analysis:
I. Starting from the constitutional rights of women,
Article 14: Equality before law. This article of the Indian Constitution guarantees the right to
equality before the law for all citizens, irrespective of their gender. This includes protection
against discrimination on the grounds of sex.
All humans must be treated equally which is the core of our constitution as even the preamble
of the constitution mentions “EQUALITY: of status and opportunity”
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
This article again deals with the discrimination faced by people at various places broadly the
government or any citizen can’t discriminate others on the said basis and can’t even deny
access to shops, public restaurants, hotels and places of public entertainment or even use of
wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out
of the state funds or dedicated to the use of general public. Besides in this article the state is
also given the immunity from making special provision for women and children.
All public places are the properties that are maintained by the government with the help of
the funds provided by the public in the form of taxes so all of them have equal rights over the
properties and these rights can’t be denied on the basis of any distinction.
It is not just to discriminate any person on the basis of gender that can even be the access of
temples too which was in news for a long period of time.
Case: Indian Young Lawyers Association vs. the State of Kerala
In this case SC stated that 'devotion cannot be subjected to gender discrimination'. Supreme
Court condemned the prohibition as "hegemonic patriarchy" (hegemonic patriarchy means
that patriarchy has become such an over-arching idea that discrimination based on it appears
to be common sense to such an extent that not only men, even women become the supporter
and perpetrator of the very notion which discriminates them). It said that exclusion on
grounds of biological and physiological features like menstruation was unconstitutional. It
amounted to discrimination based on a biological factor exclusive to gender. It was not in line
with the right to equality and dignity of women.
Article 16: According to Simone De Beauvoir, “One is not born, but rather becomes, a
woman.” This clearly mentions the way our society functions, generally girls and women are
expected to behave in a particular way and there are many stereotype that are already created
for women like they can’t take up any work that includes physical power like getting jobs in
armed forces or even police forces besides the work like teaching and nursing are made
feminine as they are supposed to be soft and nurturing.
Equality of opportunity in the matter of public employment Even today 83% of the workforce
in India works in unorganized sector where even though many women are willing to work,
they are denied on the basis of their gender and even if allowed then are not treated equally
which makes less women participation but they can practice their fundamental right under
this article.
The same thing is mentioned in Article 23 of Universal Declaration of Human Rights by
United Nations which mentions,
(i) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(iii) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
So, it is very essential for all humans to have the opportunity to work and get reasonable
means to lively hood.
Article 17: Abolition of untouchability This article can slightly go out of the topic but it is
important to have a knowledge about untouchability is banned in India and is punishable as
even today in many areas of our country it is practiced and due to which many women have
to face double discrimination.
Again pinning the case from the above:
In the case of Indian Young Lawyers Association vs. the State of Kerala, the SC said that
prohibition founded on the notion that menstruating women are "polluted and impure" is a
form of untouchability and the notions of purity and pollution stigmatized women.
Article 21 A : The state shall provide free and compulsory education to all children of the age
of six to fourteen years in such manner as the state may, by law, determine.
Even in Article 26 of the UDHR mentions,
(i) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made generally
available and higher education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
Apart from this there are other provisions related to education that every individual needs in
this article and we are yet to cover that even though it is very essential that women get access
to quality education only after that they can be made aware about their rights which we are
discussing so right to education specially of girl child becomes the pre requisite of all the
other rights.
Article 39 (d): Equal pay for equal work this article directs the state to ensure equal pay for
equal work for both men and women. Which means women can’t be paid any less than men
after delivering equal work.
Article 23 (2) of UDHR, “Everyone, without any discrimination, has the right to equal pay
for equal work.”
Many times it is seen that women are paid lesser than men specifically in the work that
includes the physical force and unorganised sector which is not just according to the human
rights.
Article 41: Right to work As mentioned earlier no one can deny the right of women to work
including their own family or members of the society and even the employers if eligible just
on the grounds of her being a women.
Article 42: The state shall ensure just and humane conditions of work and for maternity relief.
Article 243-D (3): One third of the total number of seats to be filled by direct election in
every panchayat shall be reserved for women.
Article 243-D(4): One third of the total number of offices of chairpersons in the panchayat at
each level shall be reserved for women. Article 243-T (3): One third of the total number of
seats to be filled by direct election in every municipality shall be reserved by women. Article
243-T (4): The offices of chairpersons in the municipalities shall be reserved for women in
such manner as the state legislature may provide.
II. Apart from this Article 17 of the UDHR mentions
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
So it is very evident for women to have legal rights over property which are even ensured in
Indian laws. Apart from this women have various rights over land too,
From the past traditionally it is believed and practiced that only sons have rights over the land
of their father but that is not the case,
Hindu Succession Act, 1956 which was later amended in 2005 to grant daughters equal rights
to ancestral property. Earlier, they had limited rights compared to sons. This amendment
ensures that daughters have the same rights as sons in matters of inheritance. Traditionally in
our societies women are not given equal or even shares from the ancestral property but if the
citizens and even women themselves are not aware about this besides people are still inclined
towards following the traditional approach.
Case: Mary Roy Vs State of Kerala
Women from the Syrian Christian community in Kerala were prevented from inheriting
property due to patriarchal traditions. This decree was challenged by Mary Roy, a woman's
right activist and educator. After the demise of her father, she filed a case against her elder
brother when she was denied equal share in the family's inheritance. Though the plea was
rejected by the lower court, the Kerala High Court overruled the previous judgment. In 1986,
the Supreme Court delivered a landmark judgment that granted Syrian Christian women the
right to seek an equal share in their father's property.
Forest Rights Act, 2006: This act recognizes the rights of forest-dwelling communities, which
include women, to hold and manage forest land. It can have implications for tribal and
indigenous women's land rights. Moreover Gujarat government is providing possible
assistance to secure all these rights through different schemes.
Land Ownership through Joint Pattas: In many states, including Gujarat, efforts have been
made to issue joint land titles (pattas) in the names of both spouses, recognizing women's co-
ownership of land. This helps secure women's land rights.
III. Besides this the following various legislation’s contain several rights and safeguards for
women:
The Protection of Women from Domestic Violence Act (2005) is a comprehensive legal
structure aimed at ensuring the well-being of women in India by addressing diverse forms of
domestic violence. This law is broad in scope, providing protection to women who have
experienced or are currently facing any type of violence within a relationship, such as
physical, sexual, mental, verbal, or emotional abuse perpetrated by their partner.
The Immoral Traffic (Prevention) Act (1956) is the primary legislation focused on preventing
the trafficking of women and girls for commercial sexual exploitation, specifically targeting
organized prostitution.
The Indecent Representation of Women (Prohibition) Act (1986) prohibits the inappropriate
portrayal of women in advertisements and various forms of media, including publications,
writings, paintings, figures, or any other medium.
The Commission of Sati (Prevention) Act (1987) is designed to more effectively prevent sati
and its glorification, with a specific emphasis on safeguarding women from this harmful
practice.
The Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at any time before,
during, or after marriage, with a particular focus on protecting women from such practices.
Apart from this IPC sec. 304(B) protects women from dowry death.
The Maternity Benefit Act (1961) regulates the employment conditions of women in specific
establishments, especially during certain periods before and after childbirth, ensuring
maternity benefits and other related privileges.
The Medical Termination of Pregnancy Act (1971) permits the termination of specific
pregnancies by registered medical practitioners based on humanitarian and medical
considerations.
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act
(1994) prohibits sex selection before or after conception, aiming to prevent the misuse of pre-
natal diagnostic techniques for sex determination and addressing the issue of female feticide.
Case: Centre for enquiry into Health and Allied themes (CEHAT) Vs Union of India
With the advent of pre-natal diagnostic techniques that could determine the sex of a fetus, the
growing trend of aborting female fetuses was observed. In a bid to curtail female feticide, the
government of India issued the PNDT Act in 1996. The provisions of the PNDT Act,
however, were not being effectively implemented by the state and central government. The
Centre for Enquiry into Health and Allied themes filed a petition which led to the Supreme
court directing the Central and State governments to enact the provisions of the act
immediately, and banned all advertisements relating to pre-natal sex determination
techniques.
IPC Section 375,376: Broadly deals with the cases of Rape and its punishment.
Case: Vishaka Vs State of Rajasthan Bhanwari Devia
Social worker from Rajasthan, was brutally gang-raped by five men for preventing a child
marriage. Determined to seek justice, she decided to go to court. In a shocking decision, the
trial court acquitted all five accused. Vishaka, a Group for Women’s Education and Research,
took up the cause of Bhanwari Devi. It joined forces with four other women’s organisations,
and filed a petition before the Supreme Court of India on the issue of sexual harassment at the
workplace. On August 13, 1997, the Supreme Court commissioned the Vishaka guidelines
that defined sexual harassment and put the onus on the employers to provide a safe working
environment for women.
IPC Section 498 A: Provides punishment in case of husband or relative of husband of a
women subject her to cruelty
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013: This law mandates the prevention and redressal of sexual harassment at the
workplace. It requires employers to establish Internal Complaints Committees (ICCs) to
address complaints of sexual harassment. It also defines sexual harassment and prescribes
penalties for offenders.
Mandatory board representation: The Companies Act, 2013, requires certain classes of
companies to have at least one woman director on its board. This is to ensure that women are
represented at the highest levels of decision making in a company.
All this provisions are exclusively dealing with the human rights of women in one way or
another i.e. when we look at the practices prevalent in the society like sati pratha which is
directly related to the life of an individual and even the sex selections techniques, just to get
son many time girl child are killed in the womb, all this provisions in the Indian legal system
are created to cover all the human rights that women must have.
IV. Apart from this if we talk specifically about Gujarat then here we have mentioned some
of the recent steps that Gujarat government has taken on this particular issue,
Sakhi Mandal Yojana: The Project is to enable the poor women, particularly in rural areas of
Gujarat to improve their access to resources and consequently strengthen livelihoods and
quality of life. Sakhi Mandals are formation of women self-help groups based on thrift and
credit principles. It provides financial services to accelerate the process of economic
development and ensure welfare of women. They are encouraged to foster decision skills and
develop a framework of wider range of participation in micro finance development. In one
year, the Gujarat Government aims for one lac Sakhi Mandals across the state.
Nari Adalat: The concept devised ‘By women for women’ - the Nari Adalats is operational
for legal justice in over 19 regions in Gujarat. Women jurists dispense justice in women’s
cases of divorce, abandonment, violence, rape and dowry demands. These courts are set up
for women empowerment and gender justice. These courts are not recognized by the State as
a legal forum. However, the autonomous hybrid institutions are para legal authority who
solve women cases faster than judicial courts. These courts are helping rural women
overcome problems encountered in the normal judicial system. Inaccessibility, cost, time,
unfamiliarity with legal procedures, inadequate resources, and a traditional disregard of the
needs of women – all solutions get speedy, efficacy, and cost effective.
Gaurav Nari Niti - Women’s Pride, Gender Equality: The Government of Gujarat decided to
formulate the Nari Gaurav Niti (GEP) in the year 2002. The State has sanctioned and
announced the state policy for Gender Equity as ‘Nari Gaurav Niti’. Gujarat Government
formulated the Nari Gaurav Niti Policy with a view to create awareness in all its
Administrative Departments on the socio-economic-educational and developmental sector of
women and benefit them through the policy by active involvement of departments for timely
modus operandi.
It consists of action plans and monitoring mechanisms and addresses public as well as private
sectors. The autonomous Gender Resource Centre provides technical inputs in
implementation and monitoring of the policy at State level. Working groups are formed and a
series of deliberations take place on all aspects of gender equity and equality.
Swayamsidh Yojna – Self Reliance and empowerment Swayamsidha is an integrated project
for the development and empowerment of women. Swayamsiddha (swayam or self and
siddha – the one who has proven capability or is empowered) project was introduced by GOI
during 2001 to 2002 replacing the erstwhile Indira Mahila Yojana. The long term objective of
the scheme is to achieve an all-round empowerment of women – socio economical-cultural
empowerment by ensuring their direct access to, and control over, resources through a
sustained process of mobilization and convergence of all ongoing sector programs. The WCD
of Gujarat implements the policy to help rural women be self-reliant, gain confidence and
learn the art of savings. It also focus on Community oriented innovations, working in groups,
building team spirit, mobilization of activities, gaining knowledge and awareness to empower
financially. This project is envisaged in 20 regions at 26 spots covering 1760 villages which
include 43,200 women and 2700 initiating helpers. This project has brought women into the
mainstream of development in the rural areas of Gujarat.
5. Conclusion:
The Indian government over the years has taken many steps to ensure the human rights to
women in the form of various legal provisions, it has covered not only the major human
rights but the aspects related to it besides this over the period of time Indian legal system has
identified the needs of the society and has accordingly provided various rights to the women
but the desired outcomes can’t yet be seen as the laws that are on paper are yet to be
implemented on field and it is not only the government’s duty but also the women for whom
they are made, unless and until the subject are made aware about their right and encouraged
to use them whenever or wherever they face injustice, it won’t be of any use.