VULNERABLE SECTIONS : WOMEN

Published on 17 Feb 2025

UN reports suggest that India has become the most populous country with 1.428 billion people. According to the World Bank, women contribute to 48% of this population, making India with the highest female population. Despite these numbers, women in India feel insecure due to a number of reasons which hinder their growth.

Problems faced by women in India

✔     Social

●      Discriminatory socio-cultural norms: Deep-rooted patriarchal norms perpetuate gender-based discriminations which restricts women’s autonomy.

o   Example: Villages in the Mehsana and Banaskantha districts of Gujarat imposed a ban on girls and unmarried women from possessing phones, indicating the restriction on autonomy by cultural norms.

●      Sex selective foeticide and infanticide: Female child is considered as a social and economic burden. Hence, many families have son preference, which results in female infanticides and foeticide.

o   Example: As per NFHS-5, sex ratio in India reached 1020 but sex ratio at birth is still low at 929.

●      Educational disparity: Since women are to be married off as per traditional marriage system, parents tend to invest less in their education, limiting their career progress.

●      Child marriage: Aided by cultural norms and economic reasons, child marriage is still prevalent in Indian society despite legislation being in place.

o   Example: According to UNICEF, 23% young women in India are married before they turn 18.

●      Dowry system: The concept of women being treated as an economic liability lends support to the dowry system which persists despite legislation in place to prevent the practice.

●      Violence: The security threats faced by women range from eve teasing to brutal rapes, in family, in public space and in the cyber world.

o   Example: NCRB highlights 4.45 lakh crimes against women in 2022, with one in every 51 minutes.

✔     Economic

●      Limited participation: Patriarchal culture restricts women from being independent employers. Even when the economic necessity of running the family has introduced them to the job market, their participation is low.

o   Example: The female labour force participation as per PLFS has reached 32.8% in 2021-22.

●      Gendered nature of employment: Even when women are employed, they suffer from a glass ceiling, which restricts them to certain kinds of jobs and hinders career progression.

o   Example: Domestic work, care economy, nursing etc. has been earmarked as female-jobs, which restricts women to such jobs.

●      Pay gap: Women, in general, are not paid as equal as men even when they perform the same kind of employment.

o   Example: As per World Inequality Report 2022, in India, men earn 82% of the labour income whereas women earn 18% of it.

✔     Political

●      Political underrepresentation: Women are politically under-represented in India. Even the success of local-government reservation for women is debatable, as the real power enjoyed by many of these women representatives is low.

o   Example: As per Ministry of Law and Justice, women constitute only 14.4% seats in Lok Sabha and 12.24% seats in Rajya Sabha.

●      Flawed implementation of policies: Policies for the empowerment of women have not been properly implemented due to unrealistic planning, financial leakage, poor monitoring etc.

o   Example: Despite policies in place to reduce anaemia, the prevalence of anaemia among children aged 6-59 months increased from 59% in NFHS-4 to 67% in NFHS-5.

Legislations for the Empowerment of Women

Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act (PWDVA) was enacted in India in 2005 to address the issue of domestic violence and provide legal protection to women who are victims of such violence. The act recognises that domestic violence is a violation of the constitutional rights of women and aims to prevent and protect women from such violence. Some notable features of the legislation are:

✔     Definition of domestic violence: The act defines domestic violence to include physical, verbal, emotional, economic and sexual abuse. It also covers harassment by way of unlawful dowry demands and any other act that may cause harm or injury to the women.

✔     Applicability: The act applies to all women, irrespective of their age or marital status. It covers women in live-in relationships, sisters, mothers and daughters.

✔     Definition of shared household: The act defines a ‘shared household’ as a household where the aggrieved woman lives or has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted.

✔     Emergency relief: The act allows for the issuance of protection orders on an emergency basis to provide immediate relief to the victim.

✔     Counselling and support: The act emphasises counselling and support services for the victim. It also allows the aggrieved woman to seek the assistance of a protection officer and access medical facilities.

✔     Penalties for violation: The act imposes penalties for non-compliance with protection orders. Violation of protection orders may result in imprisonment and/or fines.

✔     Legal aid: The act provides for the right of the aggrieved woman to free legal services, including the services of a lawyer.

Concerns associated with Protection of Women from Domestic Violence Act, 2005

✔     Limited coverage of male victims: The act primarily focuses on providing protection to women and does not explicitly address domestic violence against men, thus making the act less inclusive.

●      Example: As per studies conducted by International Institute of Population Science, the spousal violence against men stands at around 29 per 1000, in India.

✔     Inhibition to use against partner/relatives: When the crime is conducted by familial members or partner, there exists reluctance to complain, leading to gross underreporting.

●      Example: As per NCRB report, around 31% of crimes against women are committed by a partner or his relatives.

✔     Fake case against partner: There have been multiple instances where complaints are filed under the act against the male partner, which are either false or exaggerated.

●      Example: In a study conducted in Bhopal, around 40% of cases registered under domestic violence act in 2022 were found to be fake. (Free Press Journal)

✔     Delay in legal proceedings: Legal proceedings under the act can be time consuming, leading to delays in providing relief to victims, thus questioning the effectiveness of the act.

✔     Burden on the Judiciary: The act has resulted in an increased workload for the judiciary and the backlog of cases may affect the timely resolution of domestic violence cases.

●      Example: As per NALSA report, more than 4.7 lakh domestic violence cases have been pending before the judiciary.

Maternity Benefit (Amendment) Act, 2017

The Maternity Benefit (Amendment) Act, 2017 is an amendment to the Maternity Benefit Act, 1961 in India. Its objective is to improve and enhance the maternity benefits provided to women in the workforce. Here are some of the key features of this act:

✔     Extension of maternity leave: The act extended the maternity leave from 12 weeks to 26 weeks for women who have less than two surviving children and in other cases, the existing period of twelve weeks maternity benefit shall continue.

✔     Work from home option: It facilitates work from home for women who may find it challenging to commute to the workplace during the later stages of pregnancy or during the nursing period.

✔     Creche facilities: Establishments employing 50 or more employees are required to provide creche facilities and also to allow four visits to the creche daily, including the interval for rest allowed to them.

✔     Maternity benefit for adopting and commissioning mothers: The act extends maternity benefits to women who legally adopt a child below the age of three months and commissioning mothers (mothers who use a surrogate to bear a child) shall be entitled to 12 weeks maternity leave.

✔     Medical bonus: In case of miscarriage or medical termination of pregnancy, the amendment entitles women to receive a medical bonus, which is to be paid by the employer.

Concerns associated with Maternity Benefit (Amendment) Act, 2016

✔     Limited coverage: The act primarily focuses on formal sector employment and establishments with a certain number of employees. This leaves out the majority of women working in the informal sector, who may also need maternity benefits.

●      Example: As per ILO, around 82% of women in India are working in the informal sector and majority of them would miss these benefits.

✔     Impact on small and medium scale businesses: Small and medium sized enterprises may find it financially challenging to implement the provisions of the Act, especially those related to extended maternity leave and the establishment of creche facilities.

✔     Exclusion of self-employed women: The legislation does not extend maternity benefits to self-employed women or those working in the gig economy.

●      Example: As per State of Working Report 2023, the self-employment among women increased to 65% by December 2022.

✔     Lack of paternity leave: The act focuses solely on maternity benefits and does not include provisions for paternity leave and this may reinforce traditional gender roles and miss an opportunity to promote shared responsibilities in parenting.

●      Example: Nations like Sweden, Iceland, Japan etc. have provisions to provide parental leave.

✔     Limited inclusivity for adoption: This act includes provisions for adopting mothers, the coverage is limited to children below the age of three months and this may exclude older adopted children who also require parental care.

●      Example: As per NCPCR, around 1.5 lakh children lost at least one of their parents, between April 2020 and June 2021. Of these over 10,000 lost both parents (i.e. orphaned).

Sexual harassment at Workplace Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (PoSH) Act, 2013 is a legislation to address the issue of sexual harassment faced by women at workplace. The act aims to create a safe and conducive work environment for women and provide protection against sexual harassment. Here are some of the notable provisions mentioned in the legislation

✔     Defines sexual harassment: The act defines sexual harassment broadly, covering unwelcome acts, behaviour or conduct of a sexual nature that creates an intimidating, hostile or offensive work environment.

✔     Applicability: The act applies to all workplaces, including both the organised and unorganised sectors and it covers women working in any capacity, such as regular, temporary, ad-hoc or on a daily wage basis.

✔     Constitution of internal complaints committee (ICC): Employers are required to constitute an internal complaints committee at each office or administrative unit with 10 or more employees and the act also emphasises fair treatment of both the complainant and the respondent during the inquiry.

✔     Duties of employers: Employers are obligated to create a safe working environment and prevent sexual harassment and they must widely publicize the policy against sexual harassment and provide awareness programs at regular intervals.

✔     Penalties for non-compliance: Failure to comply with the provisions of the act may result in penalties for employers including fines and repeated offences leads to higher penalties and cancellation of business licences.

✔     Annual reports: Employers are required to submit an annual report to the government regarding the complaints received and actions taken under the act.

Concerns associated with Sexual harassment at Workplace Act,2013

✔     Underreporting: Many cases of sexual harassment go unreported due to fear of retaliation, stigma or lack of awareness about the complaint mechanisms.

●      Example: According to a survey by Indian Bar Association, around 70% of the workplace sexual harassment cases go unreported.

✔     Delayed redressal: Complaint redressal processes can sometimes be slow, leading to frustration among complainants and delays can also result in a prolonged hostile work environment.

✔     Concerns about ICC composition: There have been concerns about the composition of ICCs with questions raised about their independence and effectiveness.

●      Example: Over half of sports federations in India don’t have a sexual harassment panel.

✔     Lack of standardisation: There may be variations in the implementation of the act across different organisations and sectors and the lack of standardised procedures can create confusion and hinder the uniform application of the law.

Way forward

Each of these above-mentioned legislations has some generic flaws and some specific issues that must be rectified. Some suggestions include:

✔     Make legislations more inclusive: Covering violence faced by men under domestic violence act and inclusion of women in the informal sector for maternity benefits can make these legislations more lively.

✔     Awareness and victim protection: Underreporting of crimes at home and office can be reduced by proper victim support and clear legal assistance.

✔     Address fake cases: Investigations should be effective in uncovering the validity of claims made against the aggressor, with no media trials unless the accused is proven guilty.

✔     Better institutionalisation: The women's cells need to be better organised and connected with women so that they could be easily approached by the victims.

Through these measures, the legislations for protecting and empowering women could be made more robust, thus making them more effective in serving the needs of the society.

Draft National Policy for Women, 2016

The goal of this strategy is to create a society where women may realise their full potential, engage in all aspects of life as equal partners and have an impact on social change. Some features of the policy are:

✔     Economic empowerment: Encouraging women’s participation in economic activities, promoting entrepreneurship and ensuring equal opportunities for employment.

✔     Health and nutrition: Focusing on women's health, including maternal healthcare, family planning and nutritional support.

✔     Education: Promoting education for girls and women, reducing dropout rates and addressing gender disparities in educational access.

✔     Legal rights: Ensuring and protecting women's legal rights, including property rights, inheritance and protection against domestic violence and harassment.

✔     Political empowerment: Encouraging women's participation in political processes, including representation in elected bodies.

✔     Social welfare: Implementing schemes and programs that enhance the social wellbeing of women, particularly those from marginalised communities.

✔     Awareness and sensitization: Conducting campaigns to raise awareness about women's rights and issues and fostering a more gender sensitive society.

✔     Protection against violence: Implementing measures to prevent and address violence against women, including the establishment of crisis centres and support services.

Concerns associated with the National Policy for Women, 2016 (Draft)

✔     Implementation challenges: A lack of proper implementation mechanisms, monitoring and evaluation can undermine the intended impact of the policy.

✔     Limited focus on intersectionality: The policy has not adequately addressed the diverse needs of women from various backgrounds, including those from marginalised communities, who suffer the most due to intersectional discrimination.

●      Example: Hathras incident is an indication of the plight of Dalit women who suffer from the dual burden of caste and patriarchy.

✔     Economic empowerment challenges: The policy has not been successful in providing equal economic opportunities for women, especially in sectors that traditionally have gender disparities.

●      Example: According to a report published by NITI Aayog, the contribution of women to India’s GDP still remains only at 18%.

✔     Violence against women: Despite legal measures being taken, Indian women still face security concerns due to persistent events of violence against them.

●      Example: As per Crime in India report, the rate of crimes against women per lakh population is around 66.4.

A comprehensive and holistic approach that involves multiple stakeholders, including government agencies, non-governmental organisations, communities and individuals is essential to drive positive change in women's empowerment.

Previous Year Questions (PYQs)

1.     “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? (2021)

2.     Performance of welfare schemes that are implemented for vulnerable sections is not so effective due to the absence of their awareness and active involvement at all stages of policy process – Discuss (2019)

Tags:
Social Justice

Keywords:
Women Women Empowerment National Policy for Women POSH Act Maternity Benefit Act Protection of Women from Domestic Violence Act

Syllabus:
General Studies Paper 2

Topics:
Social Justice