Crime against Women in India

Abstract

Crime against women in this recent day are growing day by day which are unbearable
in every possible need. The women are being come under the vulnerable group of
society, and they are being exploited in every corner. They were exploited in major
point of time in the area of sexuality. The domestic violence are also a another area of
their weakness. Though there are so many laws are present in the statute but this are
kept in Pen & paper. The authoritative value to protect them i.e. The enforcement
agency for the prohibition of the crime against women are failure on this regard. Every
day in newspaper we can found that “girls are sexually harassed or raped and also
cause to death. Hence the empowerment which are being given by the grace of
democracy or so called constitutional aspect are in danger. The beast of our society
done this crime very rampant way. The recent amendment1 of the criminal law may be
a stringent one but the statistic says that the quantity of the crime also cannot be
stopped. This paper is related to the present position or status of women against the
women in India and also to carry with some suggestions to protect the vulnerable
group of our society.

Introduction

"0 Lord why you have 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?"

- Rabindranath Tagore2

Our societies continue to experience crime against women in India despite the efforts
of the government to toughen bills that prosecute men who attempt to rape women

1
http://indiacode.nic.in/acts-in-pdf/132013.pdf
2 Cited by Justice J.N. Bhatt, "Gender Justice Turmoil or triumph", Indian Bar Review Vol. XXV (2), 1998,
P.18

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and also criminalize offenses like stalking and voyeurism. In this article I have explore
the idea of crimes which are against the women in India. From the very beginning of
our society women are being exploited in every nock and corner of our society. Now
in recent era of our country this crime against women are being extended up to the
level of unbearable. The creator of our society are in danger.3

Although women may be victims of any of the general crimes such as ‘murder’,
‘robbery’, ‘cheating’, etc, only the crimes which are directed specifically against women
are characterised as ‘crimes against women’. Various new legislations have been
brought and amendments have been made in existing laws with a view to handle these
crimes effectively. Crimes against women are of various natures. It include crimes
involving sexual exploitation for economic gains like prostitution & trafficking, adultery,
abduction, rape, wrongful confinement, and murder etc. On the one hand and crimes
related to women's property like dishonest misappropriation, criminal breach of trust,
domestic violence, dowry extortion and outraging the modesty of women etc. on the
other. These crimes are not only injurious and immoral for the women but for the
society as a whole. We are classifying the crime against women in to some categories
namely

(a) Sexual crimes

(b) Matrimonial offences
(c) Offences relating to dowry
(d) Offences relating to miscarriage
(e) Offences relating to trafficking.

Background of Crime

In previous times, the status of women in India was inferior to men in the practical life.
However, they had a higher status in scriptures. They are considered as the perfect
home maker in the world. With their incomparable quality of calmness of their mind,
they can easily handle even toughest situation. Indian women are completely devoted
to their families. They’re preached in the names of Goddess Saraswati, Goddess
Durga, Parvati & Goddess Kali. Their condition remains unchanged even during the
modern times with only little changes. In India, women were never given any right of

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liberty &equality. Their condition becomes even worse when they gave birth to girls.
Men treated them in a humiliated manner. They were not only permitted not to step
outside their house but also abstained from being educated.

They were also supposed to eat after their husbands or even sometimes to eat their
husband’s leftovers. Women were prohibited from prohibited from taking external
matters as well as domestic matters. They were under the influence of their parents
before marriage & their husband after marriage. However, their status varied a lot
depending on the period which they were living us illustrated below:

WOMEN STATUS IN THE ANCIENT INDIA

It’s said during the ancient India, women enjoyed equivalent status & rights like their
males counterparts. In addition they were properly educated in the early Vedic period.
These references are available from the works of Grammarians such as Katyayana
and Patanjali. Women also had the freedom to select their husbands. This system was
known as ‘Swayamvar.’ In fact during this time, women had superior position than the
males.

WOMEN STATUS IN MEDIEVAL INDIA

The status of women in India deteriorated during the medieval period with the entrance
of the Muslims. Several evil practices such as female infanticide, sati and child
marriage were practiced during this period. ‘Purdah’ was introduced to the society.
Women were also forced to practice ‘zenana.’ Polygamy was also common during this
period. Women also excelled in literature, music and arts. They were also rulers during
this period. Some great-women rulers were Razia Sultana who was the only women-
monarch to-rule-the throne of Delhi, Nur Jahan, Gond queen Durgavati who ruled for
fifteen years before she was defeated in a battle by Ali emperor Akbar’s. Nur Jahan is
still considered as the most effective ruler by the society. In spite of these powerful
women, the condition of poor women remained the same. At this time girl were forced
to get married at a very tender age. The society also practiced Sati where women were
forced to jump over the burning bodies of their husbands during funerals. The southern

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India also practiced Devdasi tradition where girls were forced get married to trees or
deity.4

WOMEN STATUS IN MODERN INDIA

During this time there was a little development in the women status. There were many
women reformers in India who worked for the uplift & betterment of their female
counterparts. The begun of Bhopal discarded the ‘purdah’ & fought in the revolt of
1857. Their education was elevated and English was introduced during this period.
Various female writers emerged in the society.

Concept of Crime

crime5 n. a violation of a law in which there is injury to the public or a member of the
public and a term in jail or prison, and/or a fine as possible penalties. There is some
sentiment for excluding from the "crime" category crimes without victims, such as
consensual acts, or violations in which only the perpetrator is hurt or involved such as
personal use of illegal drugs6.

Crime7 has also been defined in social or non-legal terms. The social definition of crime
is that it is behaviour or an activity that offends the social code of a particular
community. Mower (1959) has defined it as "an anti-social act".

Caldwell (1956: 114) has explained it as "an act or a failure to act that is considered
to be so detrimental to the well-being of a society, as judged by its prevailing
standards, that action against it cannot be entrusted to private initiative or to
haphazard methods but must be taken by an organised society in accordance with
tested procedures."

Thorsten Sellin (1970: 6) has described crime as "violation of conduct norms of the
normative groups". Marshall Clinard (1957: 22) has, however, maintained that all
deviations from social norms are not crimes. He talks of three types of deviation: (i)

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http://legal-dictionary.thefreedictionary.com/crime
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http://www.preservearticles.com/2012050131509/what-is-the-social-definition-of-crime.html

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tolerated deviation, (ii) deviation which is mildly disapproved, and (iii) deviation which
is strongly disapproved. He perceives the third type of deviation as crime.

Let us take an example. Gandhiji not only himself deviated from caste norms but also
prompted others not to follow them. Yet, Gandhiji was not considered a deviant
because his deviation was for the good of the society. The deviation that harms the
society is strongly disapproved8

crime9, the intentional commission of an act usually deemed socially harmful or

dangerous and specifically defined, prohibited, and punishable under criminal law.

Categories of Crime against Women

A. sexual crimes

Every animal on the earth is attracted by the opposite sex; it is not limited to human
beings. But to the given legality to the sex between the human being in the society,
the concept of marriage was created. The object of marriage are to legitimize the
sexual relations, between the two opposite sexes of healthy bodies. In India other kind
of illegal sexual relations are there namely rape, act against the nature, illegal
intercourse, adultery etc....now i discuss all the illegal sexual relations which are crime
against women in India10.

Rape is the fastest growing crime in India compared to murder, robbery and
kidnapping. According to the report of National Crime Records Bureau (NCRB), every
60 minutes, two women are raped in this country. A total of 20,737 cases of rape were
reported in the year 2007, registering a 7.2 percent increase over the previous year.
According to NCRB, 19,348 rape cases were reported in the year 2006. The biggest
number of such crimes was reported from Madhya Pradesh. One-quarter of the victims
were minors, 75 percent of culprits were known to victims and 10 percent were
relatives. These figures are underestimations as many incidents go unreported due to
fear of stigma and non-awareness of rights. There are also the countless cases of eve

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http://www.britannica.com/EBchecked/topic/142953/crime
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teasing, indecent gazes, pinching, brushes and comments that infringe upon the rights
of women, especially in overcrowded spaces and public transport buses and trains.
Major cities in the country have become the hub of misdemeanour because of
technological reach. Mobile, cyber café, car, beach, mall, restaurant, hotel have
become popular apparatus for the criminals.11

What precipitates the problem is that the incidents of rape, sexual molestation and
harassment have been followed by dubious attempts by perpetrators and law
enforcers to arm-twist the course of justice. There is a need for a drastic change in
attitudes and mind-sets towards such incidents. Poor investigations, harsh cross
examination of victims, senseless adjournment of cases and faulty assessment of
evidence and furnishing of evidence by victims in presence of culprits are areas that
need reforms.

Despite the increasing cases of crime against women, they would appear to be not in
priority list of the investigating agencies. The NCRB data shows that investigation
starts within the same year in only one out of 10 sexual harassment cases and only
two out of ten cases of molestation or cruelty by husband and relatives. Similarly, only
three out of ten rapes and dowry deaths are investigated within the same year. 12

A comparative study of the data available about these crimes suggest that there were
rise in the crimes against women in 2008 compared to the previous year. While a total
of 1,012 cases were registered for kidnap of women in 2007, the number went up to
1,494 in 2008. Similarly, the number of incidents related to dowry death rose from
1,226 in 2007 to 1,233 in 2008. Similarly, cases of atrocities perpetrated for dowry
rose to 2,230 in 2008 from 1,493 in 2007. Cases related to eye-teasing and
molestation shot up to 188 during 2008, 20 more than those recorded in the previous
year. Also incidents related to kidnapping of women increased from 1,012 in 2007 to
1,494 in 2008. The fact remains that there is sufficient information about crime against
women that calls for appropriate remedial actions.

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Again, there has been a sharp increase in the number of rape case recorded each
year. The National Crime Record Bureau recorded 24,206 case of rape in 2011 alone,
which indicated a rise of 9% from the previous year. It still indicated that more than
half of the victims of such rape incidences appeared to fall between 18-30 years of
age. These figures continued to point out that 10.6% of the victims of rape were young
girls under the age of 14, while 19% were teenagers between 14 and 18. Shockingly,
in the 94.2% of the cases reported, offenders were known to the victims. They included
their family members, relatives and neighbours13.

On 16 of December 2012, a 23 years old paramedic student in India’s capital-New

Delhi was brutally assaulted and gang-raped, shading a spotlight on crimes against
women in the country. For the first time, there was a furious outrage, emotional
outburst as the general public, both men and women demanded safety and protection
of women in the country. They were demanding changes to be made, a change in
attitude towards women and a change in the demeaning gender laws that have not
favoured women for decades, plus they wanted a speedy justice to be executed on
rapists so that they could be brought to book as soonest. Yet still, other protesters
wanted offenders of this nature punished through a death penalty.

A young woman based in Bengaluru was quoted saying “that rapists in India are
certain that they can always get away with such crimes” (which is evidence that there
are no strict laws that protect women), and unless laws are put in place to bring wrong-
doers to book and deliver justice speedily, crimes of that nature will continue to
escalate.14

What’s worse, the maximum sentence of a rapist continues to remain unclear under
the prevailing laws. It’s a challenge because there’s a huge debate on whether or not
to introduce death sentence for rape offenders. One side argues that it could bring
down the rate of rape crime against women in India, while the other side says this will
lead to massive killings of rape victims in an attempt to escape the death penalty.

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However, protesters all over the country are demanding that the government should
amends the archaic laws.

There are several kind of rape,

a) Custodial rape
This kind rape was made more punishable than rape committed by other person not
having any custody of woman. This is based on the theory that “agar bad hi khet ko
khate, to usko kaon bachaye” if the protector himself eats the crops of field, then no
one can protect the those crops. Section 376 of IPC, describes the several punishment
for the custodial rape.
b) Rape on a pregnant woman
Rape on a pregnant woman is heinous kind of rape. Where rape committed by a man.
On a pregnant woman of any age, it is serious in nature, so it is put in several category
of rape.
c) Rape on a girl under twelve years
Rape of a girl under twelve years is a heinous kind of rape and is against the whole
society. It should not occur in the defeat of humanitarian. It is duty of every member of
society to stop such kind of abuse.
d) Gang rape
Gang rape is also heinous kind of rape. Where a women is raped by one or more in a
group of persons acting in furtherance of their common intention, each of the persons
shall be deemed to have committed gang rape.
e) Rape by husband
Sexual intercourse by a man with his wife, is not rape, if the wife is above 15 years
age. Where the wife is below 15 years but above the age of 12 years, and sexual
intercourse is made by her husband it amounts to rape.

B. MATRIMONIAL OFFENCES

The provision for the offence relating to the marriage are described under section
493 to 498 of IPC, which may be explained as follows.
a) Mock marriage

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Every man who by deceit, causes any woman who is not lawfully married to him, to
belief that she is lawfully married to him and to cohabit or have sexual intercourse with
him in that belief, commits the offences of mock marriage. It is punishable with
imprisonment up to 10 years and fine.
b) Bigamy
Whoever, having a wife living, marriage in any case in which such marriage is void by
reason of its taking place during the life of such wife, shall be punished with
imprisonment up to 7 years and fine.
c) Dishonest or fraudulent marriage
Whoever, dishonestly or with a fraudulent intention, goes through, the ceremony of
being marriage, knowing that he is not there by lawfully married, shall be punished
with imprisonment up to 7 years and fine.
d) Adultery
Adultery means mutual sexual intercourse with a wife of another man, without consent
or connivance of husband, and such sexual intercourse not amounting to the offence
of rape. it is punishable with imprisonment up to 5 years, or with fine, or with both.
e) Hiding of HIV+ve status by either party, at the time of marriage
This offence does not follow from the matrimonial offence, find that place in the offence
affecting the public health, where any negligence or malignant act, which is likely to
spread the infection of any disease dangerous to life, is punishable.

C. OFFENCES RELATING TO DOWRY

a) Dowry

Dowry remains the major reason for discrimination and injustice towards women in
India. When dowry demands are not met, it precipitates into serious consequence for
the young bride. The Dowry Prohibition Act of 1961 marks the first attempt by the
Government of India to recognize dowry as a social evil and to curb its practice. The
act was modified with the Dowry Prohibition Amendment Act of 1984, which has again
been modified with Dowry Prohibition Bill 1986. Women's organization have played
key role in this process of change. The 1961 Act define dowry and makes the practice
of dowry- giving and taking, a punishable offence. However, i t is ridiculous to see that
even among highly educated sections, the articles of dowry are proudly exhibited in

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the marriage as a status symbol. The dowry abuse is increasing in India. The most
severe is ‘bride burning', the burning of women whose dowries were not considered
sufficient by their husband or in-laws. Most of these incidents are reported as
accidental burns in the kitchen or are disguised as suicide. Dowry is one of those
social evils that no educated woman will own up with pride, still many are adhering to
it. Practices of dowry tend to subordinate women in the society. Women should be
more economically empowered and should be educated properly regarding the
various legal provisions such as Section 498A Cr.PC, protection from domestic
violence etc., only then this evil menace could possibly be eradicated from Indian
social system15.

b) Cruelty to woman by her husband and his relatives

According to section 498A of IPC, whoever, being the husband or the relative
of the husband of the relative of the husband of a woman, subjects such
woman, subject such woman to cruelty, shall be punished with imprisonment
up to three years and fine.

D. OFFENCES RELATING TO MISCARRIAGE

Offences of this category are having some provisions under IPC as well as under
special laws, e.g, the medical termination of pregnancy act 1971; and the pre-
conception and pre-natal diagnostic techniques act 1994; the combined study of all
the provisions relating to the offence of miscarriage are as follows:

a) Voluntarily causing miscarriage

Whoever voluntary cause a women with child to miscarry, or a women who
cause herself to miscarry; except such miscarriage has been done in good faith
for the purpose of saving the life of the women, shall be punished with
imprisonment up to 3 years or with fine or with both.
b) Causing miscarriage without women consent

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 Whoever, commits the offences of miscarriage without the consent of the
women, weather the women is quick with child or not, shall be punished with
imprisonment for life, or imprisonment for 10 years and fine?
c) Death caused by act done with intent to cause miscarriage
Whoever, with intent to cause the miscarriage of women with child, does any
act which cause the death of such women, shall be punished with imprisonment
up to 10 years and fine?
d) Act done with intent to prevent child being born alive or to cause it to die after
birth. Whoever before the birth of any child does any act with the intention of
thereby preventing that child from being alive or causing in to die after its birth;
shall be punished with imprisonment up to 10 years, or with fine or with both.

E. OFFENCES RELATING TO TRAFFICKING.

According to UN, “the illicit and clandestine movements of persons across national
borders, largely from developing countries and some countries with economically in
transition, with the end goal of forcing women and girl children into sexually or
economically oppressive and exploited situation for profit of recruiters ,traffickers and
crime syndicates, as well as other legal activity related to trafficking such as forced
domestic labour, false marriage clandestine employment and false adoption.

The offences relating to trafficking under IPC

a) kidnapping from lawful guardianship

whoever takes or entices any minor under 16 years of age if a mail, or under
18 years of age if a female, or any person of unsound mind, out of the lawful
guardian of such minor person of unsound mind, without the consent of such
guardian, is said to kidnap such minor or person from lawful guardianship.
b) kidnapping, abduction or inducing women to compel her to merry
whoever kidnaps or abducts any women with intent she may be compelled, or
knowing to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced or seduced to illicit intercourse, or
knowing it to be likely that she will be forced or seduced to illicit intercourse.

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 c) procuration of minor girl
whoever by any means whatsoever, induces any minor girl under the age of 18
years to go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduces to illicit intercourse
with another person shall be punishable with imprisonment up to 10 years, and
fine.
d) importation of girl from foreign country
According to section 366B of IPC, whoever imports into India from any country
outside India and from the state of Jammu and Kashmir any girl under the age
of 21 years with intent that she may be, or knowing it to be likely that she will
be, forced or seduced to illicit intercourse with imprisonment up to 10 years and
fine.

According to the Indian Penal Code, crimes against women include rape, kidnapping
and abduction, homicide for dowry, molestation, torture, sexual harassment and
importation of girls. In 2011, over 200,000 cases of crimes against women were
reported. At the time, the North Eastern city of Tripura recorded the highest number of
these crimes at 37%, compared to the national average crime rate of only 18.9%.
During the same period, both kidnappings and trafficking rose by 19 and 122 percent
respectively. And how about those crimes against women that go unreported? One
might ask. It’s not a surprise that ‘eve teasing’ or harassment, heckling and sexual
innuendos against Indian women in public places like cinema halls, public transport,
alongside rape of women and minors in the villages go unrecorded. Going by the
records, Madhya Pradesh, a state in India with a large population of tribes recorded
over 3000 rape cases, which was considered the highest number of such offence in
2011. Generally, what has been happening in India has attracted the attention of the
world as a whole, and only strict measures implemented by both the government and
external forces can bring the change that women have yearned for. It’s a fact that
many rape incidences go unreported, and that’s according to legal experts in the
country. Due to what is called “family honour”, several complaint files are withdrawn
and in most cases, the police don’t give a fair hearing. Again, medical evidences go
unrecorded making it easy for criminals to pass scot free under the prevailing
conditions. But it’s quite alarming that outside the legal rooms of India, it is very
common for Kangaroo courts to advise victims to marry off the criminals in an attempt

12
to ”preserve them” honour. And in some cases, rape is used to settle local disputes
and caste issues16.
In the modern time, women in India were given freedom & right such as freedom of
expression & equality as well as the right to be educated. Various prestigious positions
at this period were held by women. They’re enjoying the ‘ladies first’ facility in different
fields. However, some problems such as dowry, domestic violence, sex selective
abortion, female infanticide are still prevalent. Preventive measures needs to be taken
to ensure that women are empowered in India.

Crime is one of the main reasons that hinders women empowerment in India.

The negative effects of the oppressive societal values are as follows:

 Women are forced to get married at a tender Age.

 They are expected to fend for themselves while taking charge of the domestic
chores.

 They become malnourished since they are always expected to serve

themselves last, after every member of household has received their potion.

 They suffer from unfair and biased inheritance and divorce laws.

 Women are not able to accumulate any substantial amount of asset, making it
pretty difficult for them to establish their own financia security.

 And worse still, studies conducted as from the year 2010 show that crimes
against women have risen in the recent past by 7.1%.

HOW CAN WOMEN BE EMPOWERED?

In the simplest of words it is basically the creation of an environment where women
can make independent decisions on their personal development as well as shine as
equals in society. Women want to be treated as equals so much so that if a woman
rises to the top of her field it should be a commonplace occurrence that draws nothing
more than a raised eyebrow at the gender. This can only happen if there is a
channelized route for the empowerment of women. Thus it is no real surprise that

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women empowerment in India is a hotly discussed topic with no real solution looming
in the horizon except to doubly redouble our efforts and continue to target the sources
of all the violence and ill-will towards women.

CHALLENGES
There are several challenges that are currently plaguing the issues of women’s rights
in India. A few of these challenges are presented below. While a lot of these are
redundant and quite basic issues faced across the country, these are contributory
causes to the overarching status of women in India. Targeting these issues will directly
benefit the empowerment of women in India.

EDUCATION
While the country has grown from leaps and bounds since its independence where
education is concerned, the gap between women and men is severe. While 82.14%
of adult men are educated, only 65.46% of adult women are known to be literate in
India. Not only is an illiterate women at the mercy of her husband or father, she also
does not know that this is not the way of life for women across the world. Additionally,
the norms of culture that state that the man of the family is the be-all and end-all of
family decisions is slowly spoiling the society of the country. As said in a study
conducted by the Centre for the Study of Society and Secularism. In spite of the UN
Charter of Human Rights and the provisions of the Indian Constitution, women
continue to be victims of exploitation. The view that the future generation of a family is
carried on and preserved by boys-only has degraded the position of women in society.
Similarly, it is noticed that majority of the women are lacking in the spirit of rebellion. If
careful attention is not paid and major steps are not taken, the situation will become
extremely critical17.

Eradicating this gap and educating women about their real place in the world is a step
that will largely set this entire movement rolling down the hill to crash and break the
wall of intolerance, negligence and exploitation.

POVERTY IN THE COUNTRY

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About a third of the country’s population lives on less than 1.25USD per day. The
GINI18 index keeps rising slowly over the years, indicating that the inequality in the
distribution of wealth in the country is increasing, currently hovering a little close to
33.9. Poverty is considered the greatest threat to peace in the world, and eradication
of poverty should be a national goal as important as the eradication of illiteracy. Due
to abject poverty, women are exploited as domestic helps and wives whose incomes
are usurped by the man of the house. Additionally, sex slaves are a direct outcome of
poverty.19

Andhra Pradesh accounts for nearly half of all sex trafficking cases in India, the
majority involving adolescent girls. According to police estimates, a shocking 300,000
women and girls have been trafficked for exploitative sex work from Andhra Pradesh;
of these just 3,000 have been rescued so far.

The state is relatively prosperous, ranking fourth in terms of per capita GDP in India,
but it is also home to some of the poorest people in the country. If poverty were not a
concern, then the girl child will be able to follow her dreams without concerns of sexual
exploitation, domestic abuse and no education or work.

HEALTH & SAFETY

The health and safety concerns of women are paramount for the wellbeing of a
country, and is an important factor in gauging the empowerment of women in a
country. However there are alarming concerns where maternal healthcare is
concerned. In its 2009 report, UNICEF came up with shocking figures on the status of
new mothers in India. The maternal mortality report of India stands at 301 per 1000,
with as many as 78,000 women in India dying of childbirth complications in that year.
Today, due to the burgeoning population of the country, that number is sure to have
multiplied considerably. The main causes of maternal mortality are:-

 Haemorrhage: 30%

18
http://data.worldbank.org/country/india
19
, as unearthed by Davinder Kumar

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  Anaemia: 19%
 Sepsis: 16%
 Obstructed Labour: 10%
 Abortion: 8%
 Toxaemia: 8%

While there are several programmes that have been set into motion by the
Government and several NGOs in the country, there is still a wide gap that exists
between those under protection and those not. Poverty and illiteracy add to these
complications with local quacks giving ineffective and downright harmful remedies to
problems that women have. The empowerment of women begins with a guarantee of
their health and safety.

Proportion of Crime against women (IPC) towards total IPC crimes20.

S.no Year Total IPC crime Crime against women (IPC % to total IPC
cases) cases.
1. 2008 20,93,379 1,86,617 8.9

20
Source- Crimes in India, 2011, National Crime Record Bureau.

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2. 2009 21,21,345 2,03,804 9.2
3. 2010 22,24,831 2,13,585 9.6
3. 2011 2,19,142 9.4
23,25,575

4. 2012 23,87,188 2,44,270 10.2

Position of Women in India to eradicate the societal heinous Crime

A. Government Steps

Actions Taken To Empower Women Millennium Development

The United Nations Development Programme constituted eight Millennium
Development Goals (MDG) for ensuring equity and peace across the world. The
third MDG is directly related to the empowerment of women in India. The MDGs
are agreed-upon goals to reduce certain indicators of disparity across the world by
the year 2015. The third MDG is centred towards promoting gender equality and
empowering women: “Eliminate gender disparity in primary and secondary
education, preferably by 2005, and in all levels of education by no later than 2015
While India’s progress in this front has been brave, there are quite a few corners
that it needs to cut before it can be called as being truly revolutionary in its quest
for understanding what is women empowerment. As UNDP says:-

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 India missed the 2005 deadline of eliminating gender disparity in primary and
secondary education. However, the country has hastened progress and the
Gender Parity Index (GPI) for Gross Enrolment Ratios (GER) in primary and
secondary education has risen. Given current trends, India is moderately or almost
nearly on track. However, as the Government of India MDG Report 2009 notes,
“participation of women in employment and decision making remains far less than
that of men, and the disparity is not likely to be eliminated by 2015.” Achieving GPI
in tertiary education also remains a challenge. In addition, the labour market
openness to women in industry and services has only marginally increased from
13-18 percent between 1990-91 and 2004-05.

MINISTRY FOR WOMEN & CHILD DEVELOPMENT

The Ministry for Women & Child Development was established as a department of
the Ministry of Human Resource Development in the year 1985 to drive the holistic
development of women and children in the country. In 2006 this department was
given the status of a Ministry, with the powers to formulate plans, policies and
programmes; enacts amends legislation, guiding and coordinating the efforts of
both governmental and non-governmental organisations working in the field of
Women and Child Development. It delivers such initiatives such as the Integrated
Child Development Services (ICDS) which is a package of services such as
supplementary nutrition, health check-ups and immunisation. As mentioned earlier,
the empowerment of women begins with their safety and health and this Ministry
is committed to providing them21.

Swayamsidha Programme
Additionally, the Ministry is also implementing the Swayamsidha programme – an
integrated scheme for the empowerment of women at a total cost of Rs.116.30
Crores. Core to this programme will be the establishment of women’s self-help
groups which will empower women to have increased access to all kinds of
resources that they are denied, in addition to increasing their awareness and skills.

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 This programme will benefit about 9,30,000 women with the setting up of 53,000
self-help groups, 26,500 village societies and 650 block societies22.

National Commission for Women

The National Commission for Women is a Department within the Ministry of
Women and Child Development. It was set up exclusively to help women via the
Constitution – by reviewing Legal and Constitutional safeguards for women,
recommending remedial legislative measures, by facilitating quick reressal of
grievances and by advising the Government of India on all policy matters affecting
women. The website allows for online submission of complaints and fast redressal
exclusively for women. Additionally it is also a good resource of information for
women and the Commission is committed to helping out women in need.

SOCIAL EMPOWERMENT
Women are educated about the social benefits including awareness about the
existing social problems in the society, good recognition & image in the family &
community, role in making important decision in their family, plan & promote better
education for their children, taking care of health of the aged and the children just
to mention a few. Women are also allowed to participate in political and public life.
Therefore, they are given a chance to serve the community including fighting for
the basics amenities & welfare needs of the village community such as: Safe
drinking water Public sanitation Street light Chance to help the weaker people like
disable and the aged23.

EMPOWERING INDIAN WOMEN BY EDUCATION

While illiteracy levels in India continue to stand at about 54% for women and 76%
for men, school enrolment, attendance and quality of education, especially for the
girl-child threatens to deteriorate even further if appropriate measures are not put
in place and mostly this is due to the lack of women education in India. Illiteracy is
one of the main obstacles in women empowerment in India. Let’s sample 3 case
studies below:

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CASE STUDY 1
Amla (not her real name) didn’t tell her parents when the older boys started to
harass her on the one hour- long walk to school from their apartment in Madanpur
Khadar, south of Delhi. They occasionally grabbed her hands and demanded that
the little girl kiss them. She knew that the blame would be placed on her, as if she
was some-what encouraging them to do so. But she was pretty right when her
family found out. They literally ”banned” her from ever going back to school again,
worried about the effects on their ”honor” in the event that she was sexually
assaulted. Guess what, now the plan is to marry her off once she reaches 16 years
of age.

CASE STUDY 2
Amita is luckier, her mother is determined to take her to school so that one day she
would become a doctor. However, in her class, there are 70 pupils and the teacher
(one teacher) never shows most parts of the lessons. The facilities at the school
are poor, the drinking water is so filthy that pupils have to bring along their own
water to school. And what’s more, Amita confesses that the toilets are very dirty
that she has never used them since she got enrolled in that school. Though she
doesn’t understand, her mother saves at least 900 rupees so that she can get
coached in 3 subjects where she is not doing well.

CASE STUDY 3
Sumen, a woman who is 35 years old is battling with her daughter’s future. The
little girl who is only 9 years has learning disabilities and her mother has tried every
year to enroll him in schools but with very little success. Luckily, the authorities
have agreed that the little girls should get some education, but it’s only once in 7
days. Sumen, who is a house wife wonders if she should try to teach her daughter
herself. The question is this; how will she teach her when she never went to school
herself? It’s sad how she was quoted speaking—”But if I haven’t studied myself,
how much value will I add to her life?” Just 4 years ago, the World Bank upgraded
India from ”poor” to middle income country. The UK, on the other hand announced
that it would end its financial aid to India come 2015, citing unclear reasons. Under
the Rights to Education Act that was passed in the year 2009, every child between

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 ages 6 and 14 was guaranteed a free and compulsory education, which saw
enrolment figures at an all-time impressive-sounding of 98%.

Most women are given a chance of finishing their education to the degree level.
They are discouraged from getting married and raising a family when they are
young. There are number of women education grants that offer help to women from
poor background in order to give them a chance to be educated. There’re various
scholarships that benefits women in India to achieve their career by going back to
school or various training institutions where they can further their education. Also,
many NGO‘s in India offer support to women in order to benefit them in education.
The government of India is also setting aside funds that are used to empower
women & other initiatives that will empower them. Women who have the desire to
improve their lives are allowed to take these grants from the government and
NGO’s to empower themselves with the help of their spouses or without for single
mothers to get education to the degree level, post graduates, PHD just to mention
a few. These grants for women get most supports from different companies after
realizing that women can perform better than men if they are well educated and
equipped.

National Policy objectives

The goal of this Policy is to bring about the advancement, development and
empowerment of women. The Policy will be widely disseminated so as to encourage
active participation of all stakeholders for achieving its goals. Specifically, the
objectives of this Policy include

(i) Creating an environment through positive economic and social policies for
full development of women to enable them to realize their full potential.
(ii) The de-jure and de-facto enjoyment of all human rights and fundamental
freedom by women on equal basis with men in all spheres – political,
economic, social, cultural and civil.
(iii) Equal access to participation and decision making of women in social,
political and economic life of the nation.

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 (iv) Equal access to women to health care, quality education at all levels, career
and vocational guidance, employment, equal remuneration, occupational
health and safety, social security and public office etc.
(v) Strengthening legal systems aimed at elimination of all forms of
discrimination against women.
(vi) Changing societal attitudes and community practices by active participation
and involvement of both men and women.
(vii) Mainstreaming a gender perspective in the development process.
(viii) Elimination of discrimination and all forms of violence against women and
the girl child; and
(ix) Building and strengthening partnerships with civil society, particularly
women’s organizations.

Judicial Contribution

Hereunder Some landmark cases are discuss with its case note which were
directly deal with the matter of crime against women and also the empowerment
of women. On the part of judicial contribution, these are the Oditer Dicta:

Xavier ' s Institute of Management vs . State of Orissa & Ors . ( 24 . 11 . 2011 -

ORIHC )

Case Note: A. Income Tax Act, 1961 (Act No. 43 of 1961 ) - S. 10 (23-C) (vi).The
word "solely" means exclusively--The expression "solely" makes it clear that only
the income of the institution established solely for educational purposes and not
for commercial activities is entitled for exemption--In deciding the character of the
recipient of the income, it is necessary to consider the nature of the activities
undertaken--If the activity has no co-relation to education, exemption has to be
denied--The recipient of the income must have the character of an educational
institution to be ascertained from its objects. B. Income Tax Act, 1961 (Act No. 43
of 1961)--S. 10 (23-C) (vi).In order to be eligible for exemption U/s. 10 (23 C) (vi)
of the I. T. Act, the following conditions are to be satisfied (i) there must be an
educational institution,(ii) such University or other educational institution must exist

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 solely for educational purposes,(iii) it should not exist for the purposes of profit
and(iv) approval by the prescribed authority.

Jyotsna Singh @ Kumari Jyotsna Singh vs . State of Bihar & Ors . ( 31 . 08 . 2007
- PATNAHC )

Case Note: Commercial - Dealership - Resettlement of Location - Petition filed for

direction to Respondents to re site/re position HP Gas dealership allotted to
Petitioner from earlier place to place as prayed for - Held, Petitioner was earlier
selected as candidate for distributorship because of policy decision of Government
but her selection was not given priority though her selection itself was in priority
category - Respondent could not refuse resettlement stating that application of
Petitioner was only for earlier place - Respondents had refused to consider this
aspect that at that time there were no other distributor functioning at earlier place
and other applicant was appointed after issuance of Letter Of Intent in favour of
Petitioner - Case of Petitioner should have also been considered compassionately
by Respondents considering that she was a women - Empowerment of women
was policy of Government and special obligation of Corporation like Respondents
- Her case for resettlement should not have been rejected by Respondents on
grounds, as mentioned in counter affidavit - Letter of withdrawal of distributorship
and letter cancelling letter of restoration for allotment of LPG distributorship in
favour of Petitioner under open women category were quashed - Court directed
Respondents to restore letter of intent and consider Petitioner's request for
resettlement of location for LPG distributorship - Petition allowed

C . V . Manoj , S / o C . S . Vaidhyanathan vs . Vidhya , D / o N . Raman , 23 / 44 (

10 . 12 . 2009 - KERHC )

Case Note: Hindu Marriage Act, 1955 (Central Act 25 of 1955)--Section 13--
Irretrievable break down of marriage, by itself, is not a ground for divorce--In a
claim for divorce on the ground of cruelty, if it is proved that certain pieces of
conduct have made it impossible for the parties to resume co-habitation and revive
the marriage and the marriage is dead de facto, such piece of conduct can certainly
be reckoned as amounting to contumacious matrimonial cruelty to justify the plea

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 for divorce. The appeals were filed by the Appellant/husband challenging the
common order passed by the family court. The wife filed the petition for divorce
and the husband filed the petition for restitution of conjugal right. The Family Court
found the husband guilty of matrimonial cruelty, but granted only the lesser relief
of judicial separation. The prayer for restitution of conjugal right filed by the
husband was rejected. The wife filed cross objection contending that the Family
Court, having found the Appellant guilty of matrimonial cruelty, ought to have
granted the divorce sought for by the wife. The Division Bench of the High Court,
on a novel and fairly exhaustive judicial evaluation of the case dismissed the
appeal filed by the husband and allowed the cross objection by the wife;Held:We
make it clear again that irretrievable break down of marriage is by itself not yet a
ground in law to order divorce. But in a claim for divorce on the ground of cruelty,
if it is proved that certain pieces of conduct have made it impossible for the parties
to resume co-habitation and revive the marriage and the marriage is dead de facto,
such piece of conduct can certainly be reckoned as amounting to contumacious
matrimonial cruelty to justify the plea for divorce. It is in that view of the matter that
we look at the evidence of irretrievable break down of marriage available in this
case.

Alisha Kour vs . State of J & K & Ors . ( 10 . 02 . 2011 - JKHC )

Case Note: Education - Cancellation of Admission - Challenge thereto - Rule 3 of

Jammu & Kashmir Certification of Outstanding Proficiency in Sports Rules 2008,
Rule 16 of Jammu & Kashmir Reservation Rules, 2005, Regulation 5 (ii) MCI
Regulations on Graduate Medical Education, Section 9 of Jammu & Kashmir
Reservation Act, 2004 - Appellant questioned Writ Court Judgment, whereby Writ
Court had set aside admission of Appellant to MBBS Course and directed
Respondent to consider case of Respondent no. 3 for change of course from BBS
to MBBS - Whether BOPEE was competent to grant admission to Appellant in
breach of para 4 page 15 of Information Brochure under which both candidates
sought admission to MBBS course - Held, in terms of Rule 3 of Rules 2008, merit
of an aspirant for admission in Sports category was to be assessed on a scale of
100 units and out of 100 units 60 units were to be set apart for merit in Common
Entrance Test and 40 units for performance in Sports - Marks obtained by

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 candidate in Common Entrance Test were to be evaluated on scale of 60 points
and percentage worked out, as if, marks obtained were out of total of 60 marks -
Marks/points awarded to a candidate on basis of his performance in
National/International events as individual or team participation were to be
assessed on scale of 40 points - Section 9 of Jammu & Kashmir Reservation Act,
2004 was intended to achieve an important object and was a step towards
empowerment of women, admittedly an insular, un-represented and
disempowered section of society - But notwithstanding its object, provision could
not be pressed into service, to selectively commit breach of a condition that
governed admission of aspirants to a professional course, and had been followed
and acted upon in case of other categories or to resort to arbitrariness - BOPEE
had arbitrarily decided to pick up Sports category with "Children of Defense
Personnel" category for allotment of odd seat on basis of gender, irrespective of
merit - Writ Court thus was right in observing that method adopted by BOPEE in
picking up one or two categories selectively for allotment of odd seat irrespective
of merit was totally arbitrary - BOPEE action could not be justified in name of
carrying out object of Section 9 of Jammu & Kashmir Reservation Act, 2004

Shruti Singh Advocate vs. Press Council of India & Ors . ( 30 . 07 . 2008 -
PATNAHC )

Case Note: Criminal - Implementation of provisions - Sections 8, 9 and 10 of

Protection of Women from Domestic Violence Act, 2005 - Samajik Punervas Kosh
had been created to provide support to victims of domestic violence whose
rehabilitation requirements were not met by other schemes for that an amount had
been sanctioned to provide rehabilitation services to victims of domestic violence
and exploitation and to raise awareness with regard to Act - Hence, this Petition -
Whether, Act had been properly implemented by Government - Held, it was found
that Protection Officers were required to assist Magistrate in discharge of his
functions under Act and to made a domestic incident report to Magistrate -
Appointment of Protection Officers was not an empty formality - Further role of
Service Providers under Act was no less as he had power to record domestic
incident report to ensure that aggrieved person was medically examined and that

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 victim woman was provided shelter in a shelter home - Section 10 of Act provides
for registration of voluntary association but in none of affidavits filed by Government
anything had been said about registration of service providers - Further availability
of shelter homes for an effective implementation of Act was a must and without
that aggrieved persons might continue to suffer domestic violence - Therefore
protecting women from such violence was main objective of Act - Moreover there
had to be sensitization and awareness training on issues addressed by Act needed
no emphasis as without that objective sought to be achieved by Act might not be
achieved - It was true that State Government had referred to a few schemes with
regard to women development and empowerment and also budget sanction for
rehabilitation services to victim of violence - However such schemes might not
have any meaning unless benefits percolated down needy victim of domestic
violence - It should not be reminded to State Government that talk of women
development and empowerment might remain hollow unless there was sincere
implementation of Act - Thus taking all said aspects into consideration Act had to
be effectively implemented for protection of rights of women - Petition disposed of
Ratio Decidendi "Government shall implement provisions of statute in proper
manner so as to avail relief to aggrieved person."

The State of Gujarat vs . Chaturbhuj Maganlal ( 07 . 04 . 1976 - SC )

Case Note: Criminal - suppression - Sections 32 and 39 of Criminal Procedure

Code, 1973 and Sections 2 (c) of Suppression of Immoral Traffic in Women and
Girls Act, 1956 - issue related to interpretation of words "specially empowered"
appearing in Section 2 (c) - empowerment of all Magistrates of first class in State
under one notification by virtue of their office to try offence under Act in area held
to be "special" and not "general" - held, by virtue of State Government notification
Judicial Magistrate First Class at 'X' has jurisdiction to try offences under Act of
1956.

Uthuppan , P . P . vs . K . S . Girija and Ors . ( 27 . 08 . 2008 - KERHC )

Case Note: Constitution of India - Articles 14, 15 and 16--The guidelines issued by
the Supreme Court in MANU/SC/0786/1997 : A.I.R. 1997 S.C. 3011 (Vishaka v.

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 State of Rajasthan) with regard to the norms to be observed in all work places for
the preservation and enforcement of the right to gender equality of working women
are applicable to all Co-operative Societies and private establishments in the State.
#The 1st Respondent filed a complaint before the Kerala Women's Commission
alleging that her claim for appointment to the post of Secretary was overlooked and
that there was an intention to harass her as she had resisted the sexual advances
made on her by the Petitioner, who was the President of the Co-operative Society.
The Women's Commission heard the first Respondent and the Petitioner regarding
the complaint and drew up a report to the effect that after the initial appointment of
the first Respondent she was promoted as an Accountant. However, her claim for
the post of Secretary was overlooked on account of harassment by the Petitioner.
The Commission also opined that the proper method is to expeditiously constitute
an independent grievance redressal cell according to the guidelines issued by the
Supreme Court. The report of the Women's Commission was forwarded to the
Registrar of Co-operative Societies. The said report was challenged by the
Petitioner. The High Court observed that the entitlement to promotion would
depend on the provisions in the Co-operative Societies Act and Rules and directed
the Registrar to look into the grievance of the first Respondent. The High Court
referred to the decisions of the Supreme Court in Vishaka v. State of Rajasthan
laying down the guidelines regarding to the rights of working women in all work
place and held that the said guidelines are also applicable to all Co-operative
Societies and private establishments;#Held: The rights sought to be protected by
the issuance of guidelines in Vishaka's case (supra) have been essentially
enunciated as referable to human rights to be protected and human rights as
defined in Section 2(d) of the Protection of Human Rights Act, 1993. Those
guidelines were issued taking note of the fact that the existing civil and penal laws
do not adequately provide for specific protection for women in work places and that
it is necessary and expedient for employers in work places as well as other
responsible persons or institutions to pre-observe certain guidelines to ensure the
prevention of sexual harassment of women.

R.K. Shivdasani vs. Export Inspection Agency (Delhi) & Anr. (20.04.1999 -
DELHC)

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 Case Note: Constitution - transfer - Article 226 of Constitution of India - transfer
Order of petitioner passed on basis of complaint of sexual harassment - petition for
quashing such Order of transfer - petitioner also made complaint against
complainant for refusing to attend work - respondents did not file any counter to
writ petition - employer concerned should be satisfied that there is prima facie case
against employee concerned before Order of transfer is passed - Order of transfer
issued on extraneous considerations - respondents directed to file counter to
petition.

The State of Gujarat vs . Chaturbhuj Maganlal ( 07 . 04 . 1976 - SC )

Case Note: Criminal - suppression - Sections 32 and 39 of Criminal Procedure

Code, 1973 and Sections 2 (c) of Suppression of Immoral Traffic in Women and
Girls Act, 1956 - issue related to interpretation of words "specially empowered"
appearing in Section 2 (c) - empowerment of all Magistrates of first class in State
under one notification by virtue of their office to try offence under Act in area held
to be "special" and not "general" - held, by virtue of State Government notification
Judicial Magistrate First Class at 'X' has jurisdiction to try offences under Act of
1956.

Dr . K . Krishna Murthy and Ors . vs . Union of India ( UOI ) and Anr . ( 11 . 05 .

2010 - SC )

Case Note: (1) Constitution of India - Articles 243D (4), 243D (6), 243T (4), 243T
(6), 15 (4) and 16 (4)--Reservation of Chairperson positions in panchayats under
Article 243D (4) and Municipalities under Article 243T (4)--Reservation for
backward classes for seats and chairperson positions in panchayats under Article
243D (6) and Municipalities under Article 243T (6)--Constitutional validity of these
Articles--Constitutional validity of these Articles upheld. #The Constitution Bench
speaking through K. G. Balakrishnan, C.J., recorded its conclusions as follows :#(i)
The nature and purpose of reservations in the context of local self-Government is
considerably different from that of higher education and public employment. In this
sense, Article 243D and Article 243T of the Constitution of India form a distinct and
independent constitutional basis for affirmative action and the principles that have

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been evolved in relation to the reservation policies enabled by Articles 15 (4) and
16(4) cannot be readily applied in the context of local self-Government. Even when
made, they need not be for a period corresponding to the period of reservation for
purposes of Articles 15 (4) and 16 (4), but can be much shorter.#(ii) Article 243D
(6) and Article 243T (6) are constitutionally valid since they are in the nature of
provisions which merely enable State Legislatures to reserve seats and
chairperson posts in favour of backward classes. Concerns about disproportionate
reservations should be raised by way of specific challenges against the State
Legislations.#(iii) The Court is not in a position to examine the claims about over
breadth in the quantum of reservations provided for O.B.Cs. Under the impugned
State Legislations since there is no contemporaneous empirical data. The onus is
on the executive to conduct a rigorous investigation into the patterns of
backwardness that act as barriers to political participation which are indeed quite
different from the patterns of disadvantages in the matter of access to education
and employment. As the Court has considered and decided only the constitutional
validity of Articles 243D (6) and 243T (6), it will be open to the petitioners or any
aggrieved party to challenge any State legislation enacted in pursuance of the said
constitutional provisions before the High Court. However, the identification of
‘backward classes’ under Article 243D (6) and Article 243T (6) should be distinct
from the identification of S.E.B.Cs. for the purpose of Article 15 (4) and that of
backward classes for the purpose of Article 16 (4).#(iv) The upper ceiling of 50%
vertical reservations in favour of S.C./S.T./O.B.Cs. Should not be breached in the
context of local self-Government. Exceptions can only be made in order to
safeguard the interests of Scheduled Tribes in the matter of their representation in
panchayats located in the Scheduled Areas.#(v) The reservation of chairperson
posts in the manner contemplated by Articles 243D (4) and 243T (4) is
constitutionally valid. These chairperson posts cannot be equated with solitary
posts in the context of public employment.#(2) Democracy--Exercise of electoral
franchise--Is essential component of liberal democracy--But right to vote and
contest elections--Does not have status of fundamental rights--It is in nature of
legal right controllable through legislative means.#(3) Panchayats and
Municipalities -- Office of Chairpersons--Reservation is as measure of protective
discrimination.

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Voluntary Health Association of Punjab vs . Union of India ( UOI ) and Ors . ( 04
. 03 . 2013 - SC )

Case Note: Dipak Misra, J.Constitution - Implementation of provisions - Pre

Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection)
Act, 1994 - Supreme Court directed personal appearance of Health Secretaries of
States of Punjab, Haryana, NCT Delhi, Rajasthan, Uttar Pradesh, Bihar and
Maharashtra to examine what steps they have taken for proper and effective
implementation of provisions of Act as well as various directions issued by Court -
Hence, this Petition - Whether, Supreme Court rightly directed Health Secretaries
of different States - Held, various directions were given which were that Central
Supervisory Board and State and Union Territories Supervisory Boards would meet
at least once in six months, so as to supervise and oversee how effective was
implementation of Act - State Advisory Committees and District Advisory
Committees should gather information relating to breach of provisions of Act and
Rules and take steps to seize records, seal machines and institute legal
proceedings, if they notice violation of provisions of Act - Committees should
reported details of charges framed and conviction of persons who have committed
offence to State Medical Councils for proper action, including suspension of
registration of unit and cancellation of licence to practice - Authorities should
ensure that all Genetic Counselling Centres, Genetic Laboratories and Genetic
Clinics, Infertility Clinics, Scan Centres etc. using preconception and pre-natal
diagnostic techniques and procedures should maintain all records and all forms,
required to be maintained under Act and Rules and duplicate copies of same be
sent to concerned District Authorities in accordance with Rule 9(8) of Rules -
Further States and District Advisory Boards should ensure that all manufacturers
and sellers of ultra-sonography machines do not sell any machine to any
unregistered centre, as provided under Rule 3-A and disclose, on a quarterly basis,
to the concerned State/Union Territory and Central Government, a list of persons
to whom the machines have been sold, in accordance with Rule 3-A(2) of the Act.
- There would be direction to all Genetic Counselling Centres, Genetic
Laboratories, Clinics etc. to maintain forms A, E, H and other Statutory forms
provided under Rules and if these forms were not properly maintained, appropriate
action should be taken by Authorities concerned - Steps should also be taken by

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State Government and Authorities under Act for mapping of all registered and
unregistered ultra-sonography clinics in three months’ time - Moreover Steps
should be taken by State Governments and Union Territories to educate people of
necessity of implementing provisions of Act by conducting workshops as well as
awareness camps at State and District levels - Special Cell be constituted by State
Governments and Union Territories to monitor progress of various cases pending
in Courts under Act and take steps for their early disposal - Authorities concerned
should take steps to seize machines which have been used illegally and contrary
to provisions of Act and Rules thereunder - Various Courts in country should take
steps to dispose of all pending cases under Act within period of six months and
communicated order to Registrars of various High Courts, who would take
appropriate follow up action with due intimation to concerned Courts - Thus, all
State Governments were directed to file status report within period of three months
- Petition disposed of.Dipak Misra, J.Constitution - Implementation of provisions -
Pre Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-
Selection) Act, 1994 - Whether, Supreme Court rightly directed that steps should
be taken by State Governments and Union Territories to educate people of
necessity of implementing provisions of Act by conducting workshops as well as
awareness camps at State and District levels - Held, it was requisite that people
were made aware that it was obligatory to treat women with respect and dignity so
that humanism in its conceptual essentiality remained alive - Each member of
society was required to develop scientific temper in modern context because that
was social need - Authorities of Government, Non-Governmental Organisations
and other volunteers were required to remember that there had to be awareness
camps which were really effective - People involved with same must take it up as
service, crusade and they must understand and accepted that it was an art as well
as science and not simple arithmetic - If awareness campaigns were not appositely
conducted, needed guidance for people would be without meaning and things shall
fall apart and everyone would try to take shelter in cynical escapism - It was difficult
to precisely state how an awareness camp was to be conducted and it will depend
upon what kind and strata of people were being addressed to - Further
documentary films could be shown to highlight need of awareness campaign and
install idea in mind of public at large for when mind becomes strong, mountains do
melt - People involved in awareness campaigns should have boldness and

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 courage and there should not be any iota of confusion or perplexity in their thought
or action and they should treat it as problem and think that problem had to be
understood in proper manner to afford a solution - Moreover people involved in
awareness campaigns should bear in mind that they were required to change mind-
set of people, grammar of society and unacceptable beliefs inherent in populace
and it should be clearly spelt out that female foeticide was worst type of
dehumanisation of human race - Thus, when awareness campaigns were held,
they were kept in view for that was object and purpose to have real awareness -
Petition disposed of.Ratio Decidendi" Actions shall be taken in place, where
woman are not treated with proper respect and dignity in society."

Rameshbhai Dabhai Naika vs . State of Gujarat and Ors . ( 18 . 01 . 2012 - SC )

Case Note: Constitution of India, 1950 - Article 15(4) & 16(4) - Inter-caste
marriages - In an inter-caste marriage, the woman need not in all cases take her
caste from her husband. The caste of a person born in an inter-caste marriage or
a marriage between a tribal and non-tribal is to be decided on the basis of the facts
adduced in each case. The presumption that the cast of a child born in an inter-
caste marriage is the caste of its father can be rebutted by leading evidence to
show that the child was brought up by its mother.

Gaurav Jain vs . Union of India and others ( 09 . 07 . 1997 - SC )

Case Note: Criminal - prostitution - Constitution of India, Immoral Traffic

(Prevention) Act, 1956 and Sections 4 and 5 of Juvenile Justice Act, 1986 - matter
pertaining to right of children of fallen women and scheme to be evolved to
eradicate prostitution - direction given to Government to rehabilitate children and
child prostitutes after conducting in depth study of matter - rescue and rehabilitation
has to be kept under nodal department - suitable schemes has to be formulated
for proper implementation - juvenile homes should be used for rehabilitating child
prostitutes and neglected children - if they have crossed age limit prescribed under
Act of 1986 Government has to make arrangements for their safety and protection
with help of NGO's.

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Ashoka Kumar Thakur vs . Union of India ( UOI ) and Ors . ( OBC Judgment ) (
10 . 04 . 2008 - SC )
Case Note: K.G. Balakrishnan, C.J. Constitution - Reservation for Admission in
educational institutions or for public employment - Challenge thereto - Validity of
Constitution (Ninety-Third) Amendment Act, 2005 and the enactment of Act 5 of 2007
giving reservation to Other Backward Classes (OBCs), Scheduled Castes (SCs) and
Scheduled Tribes (STs) questioned as being destructive of basic structure of the
Constitution and were sought to be declared ultra vires the Constitution - Whether the
Constitution (Ninety-Third Amendment) Act, 2005 against the basic structure of the
Constitution itself and abridging the equality principles guaranteed under Article 15
and other provisions of the Constitution - Whether Ninety-Third Amendment of the
Constitution is against the basic structure of the Constitution - Held, No, the
Constitution (Ninety-Third Amendment) Act, 2005 does not violate the basic structure
of the Constitution so far as it relates to the state maintained institutions and aided
educational institutions - Incase of private unaided educational institutions, the issue
left open to be decided in an appropriate case - Clause (5) of Article 15 of the
Constitution inserted by the amending act is an enabling provision which states that
nothing in Article 15 or in Sub-clause (g) of Clause (1) of Article 19 would prevent the
State from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their admission to the
educational institutions including private educational institutions, whether aided or
unaided by the State - Minority educational institutions referred to in Clause (1) of
Article 30 to be excluded - Act 5 of 2007 was enacted to provide reservation of seats
for Scheduled Castes, Scheduled Tribes and SEBCs of citizens in Central Educational
Institutions - Central Educational Institution are the one as defined under Section 2(d)
of the Act - Act 5 of 2007 does not intend to provide reservation in private unaided
educational institutions - Kesavananda Bharati's case clearly indicated about what is
the basic structure of the Constitution - Basic structure of the Constitution is to be
taken as a larger principle on which the Constitution itself is framed - If any
Constitutional amendment is made which moderately abridges or alters the equality
principle or the principles under Article 19(1)(g), it cannot be said that it violates the

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basic structure of the Constitution - If such a principle is accepted, the Constitution
would not be able to adapt itself to the changing conditions of a dynamic human society

Rameshbhai Dabhai Naika vs . State of Gujarat and Ors . ( 18 . 01 . 2012 - SC )

Case Note: Constitution of India, 1950 - Article 15(4) & 16(4) - Inter-caste marriages
- In an inter-caste marriage, the woman need not in all cases take her caste from her
husband. The caste of a person born in an inter-caste marriage or a marriage between
a tribal and non-tribal is to be decided on the basis of the facts adduced in each case.
The presumption that the cast of a child born in an inter-caste marriage is the caste of
its father can be rebutted by leading evidence to show that the child was brought up
by its mother.

Guidelines and norms laid down by the Hon’ble Supreme Court in Vishaka and
Others Vs. State of Rajasthan and Others(JT 1997 (7) SC 384)

All employers or persons in charge of work place whether in public or private sector
should take appropriate steps to prevent sexual harassment. Without prejudice to
the generality of this obligation they should take the following

steps:

A. Express prohibition of sexual harassment as defined above at the work place

should be notified, published and circulated in appropriate ways.

B. The Rules/Regulations of Government and Public Sector bodies relating to

conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the
offender.

C. As regards private employers, steps should be taken to include the aforesaid

prohibitions in the standing orders under the Industrial Employment (Standing
Orders) Act, 1946.

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 D. Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards
women at work places and no employee woman should have reasonable grounds
to believe that she is disadvantaged in connection with her employment.

Enforcement agencies Contribution

Law enforcement agencies (police) implement the legal orders of protecting violence
against women. Police take cases of violence against women and investigate the
matter. They sometimes provide suggestions to the victim and her family. Police are
the ultimate institution where the victim complains. Most of the incidents of violence
are not reported in the police station. Only 10-20% incidents are reported. And the
plaintiff sometimes faces problems while complaining in the police station. She faces
threat to withdraw cases. And sometimes the police officials demand bribe from the
victim and her family. And there is political pressure upon the police officials, which
restricts them from taking further action to help the victim. However, in recent days
police strictly investigates the cases of violence and take effective steps.

Roles and Contribution of Schools

In most of the cases people identified illiteracy as the most important catalyst behind
violence against women. It is observed that uneducated women become more victim
of violence than the educated women. And educated women can establish mutual
understanding in the family more than the uneducated women. Educated women don‘t
get married at an early age. They are aware about their rights, about the legal aids
provided by the government for women and have more power in the family. So
educating women can both empower them and ensure their safety from violence. So,
educational institutions especially schools have a lot of opportunities and
responsibilities to contribute in the empowerment of women. GoB provides stipends
for female students both in the primary and secondary levels. This program should be
extended throughout the whole country. And the number of beneficiaries should be
increased. Achieving gender parity in education is also mentioned in the MDG. And
Bangladesh has achieved considerable advancement on this point. Texts of schools
should be modified so as to make the students conscious about the importance and
benefits of women empowerment. School teachers should be aware to stop the

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dropping out of students, both male and female. Dropped out school boys often tease
the girls and dropped out girls are married at an early age. School teachers are
respected in the society. These people need to attend the activities of various
organizations and institutions to empower women. School standing committees often
gather the guardians and suggest them to send their children to school. Besides,
schools also arrange cultural functions on several occasions. School authorities
should encourage students to make others aware about women empowerment by
showing drama, presenting songs, poems etc.

Roles and contribution of Socio-political leaders

Socio political leaders have the utmost role to play, for empowering women, which
can‘t be ensured by any legal system. Only these people need to come willingly.
Government can‘t make these people bound to stop violence. And if these people
oppose the activities of NGOs, then people will support them. The people in the rural
areas often follow the orders of their political leaders. So, political leaders can
insinuate their supporters to stop violence against women and empower them. It is
reported that everywhere, like police station, local government, Salish, the political
leaders have some influence. They sometimes go against the victim due to political
reasons. Sometimes police faces pressures from the political leaders. But political
leaders can batter the government about the condition of women empowerment in
their localities. They can communicate with the media about it. People follow their
leaders. So, if leaders don‘t deviate, the followers also remain normal. They can help
GOs and NGOs to work for women empowerment. Political leaders can control the
influence of local rural elites or religious leaders. They can easily convince people.
Only a positive response from the socio political leaders can change the backdrop of
women empowerment.

Need for Women’s Empowerment in India

In this contemporary world, women need to gain the same amount of power
that men have. Now, it is time to forget that men are the only holders of power. In India,
women are still facing different obstacles in male-dominated cultures. The things are
related to women’s status and their future. However, I believe that Indian women are
slowly getting empowerment in the sectors like education, politics, the work force and

36
even more power within their own households. The worth of civilization can be
arbitrated by the place given to women in the society.

Today, women are busy running in the presidential campaign. The work force is
covered with intellectual women who currently hold the CEO positions at large
companies which were never held by Indian women in long ago. In our country, women
have reached a long way eventually and have discovered a new path for them to come.
Women rights are human rights. The concept of feminism is very vogue. Feminist
usually deals out balky attention. Women’s right and changes effort to win equality for
women have containing women's suffrage, feminism, women's property rights, equal
opportunity in work and education, and equal pay. Now, the future of women is seeking
out.

More, we have come across a more image of gender differences. Each year, we notice
that the headline as “Girls outshine boys” in CBSE, ICSE and State Board results as
well. It arrests us showing that girls are now more confident of getting better-paid
professional jobs than their flagging male counterparts. Clearly, there is an excellent
amount of reason for the girls to be more confident than boys and this is because of
their remarkable academic feat around the nation. This achievement of girls is an
absolute reversal of what would have been expected a generation ago. This is likely
to steer to higher-income jobs.

But, an upsetting place still remains for Indian women is the negative sexual attention
that women often receive. Indian societies have received notoriety for being unsafe
for women. Whereby the fair sex is not only being hassled, stalked and raped but
incidents of immoral trafficking also are very high. Add to this the heinous practice of
female feticide and infanticide wherein nearly 10 million baby girls have been killed in
the last twenty years alone. In fact, the level of atrocities against women is an indicator
of the coercion of our society and underscores that we are a suppressed society.
Clearly, safety is an obsolete word in today’s India.

It is the duty of law enforcement agencies to prevent crimes against women but they
fail to solve this scourge alone. Teamwork by people is the key to eradicating this
menace. People must come forward to help in rooting out such social evils. Law
enforcing agencies cannot work alone. When the people are dynamic in their drive

37
against crimes, the police cannot remain a mute spectator though they are supposed
to be the protectors of citizens. They will be forced to dispense their bounden duties.
Youth should be motivated to be socially responsible and protect women. This is the
need of the hour. Everyone must think of changing society. If we all abide by the rules,
women in our cities will surely be safer.

In India, women are devalued traditionally and the men are normative reified.
According to Hindu mythology, the word ‘Ardhanarishvara’ meaning "The Lord whose
half is a woman". What is the value of a man without a woman? We shouldn’t forget
that there are many temples in our country devoted to the Goddesses and men also
use to visit the temples for worshiping them. We need both male and female each
other. We must work all together and both needs each other to survive and flourish.

I do think that women should also be in place of man in today’s society. As they are
now highly qualified, make remarkable contributions to the economy through their paid
work. They work in a wide variety of professions around the country from teachers and
secretaries to welders and doctors to machine operators and child care workers too.

Conclusion

Only legislation and law enforcement agencies cannot prevent the incident of crime
against women. There is need of social awakening and change in the attitude of
masses, so that due respect and equal status is given to women. It’s a time when the
women need to be given her due. This awakening can be brought by education
campaign among youth making them aware of existing social evils and the means to
eradicate same. Mass media can play an active role here as in the present days it has
reached every corner of the nation. Various NGOs can hold a responsible position
here by assigning them with the task of highlighting socio-economic causes leading to
such crimes and by disseminating information about their catastrophic effect on the
womanhood and the society at large.
Findings of the present study strongly indicate that women in the studied Upozilla are
being subject to violence that is systematically embedded to a traditional socio-cultural
and religious setting. Changes that have been attempted or experimented by civil

38
society organizations, new laws, and government initiatives have been producing
some impact but that are far from creating any significant result. As poverty forces
women to participate more in economically gainful activities, the control over asset
and economic decisions remain still in the hand of males. Attitudes prevail that identify
young and adult women as sex objects and encourages women‘s restraining
behaviour. When violence (particularly sex abuse) incurs the victim is blamed than the
violator24.
Whatever the scale of impact, the factors that have been contributing towards women
empowerment include awareness raising campaign by NGOs, spread of girls
education (attainment of parity in primary education and greater enrolment in
secondary education), women‘s greater participation in economic activities, provisions
for skill training and financial support, new legal provisions protecting women‘s interest
and promoting their participation in local governance, training on gender issues
particularly to LEA etc. It is recommended that future actions for bringing in further
changes should emphasize on these aspects more. Impregnation of law, particularly
regarding dowry and early marriage should be prioritized by both NGO and GO sectors
immediately as these two still remain as two most perilous evils in rural women‘s life.
Also, organizing women‘s action group should bring in a new dimension in initiatives
directed toward women empowerment in project locations. As it has been reported,
when a women becomes victim, few in the community raise voice against this violation.
Women‘s action group (WAG) can come forward to fill in this gap. If such groups
engage in persistent voice raising and advocacy it may contribute towards expediting
cases. Bringing in changes in general socio-cultural and religious setting is obviously
a longer run agenda that can‘t be fully entertained within the limited time and spatial
dimension of title of the work. While awareness on rights based approach should be
raised on every walk of community life, certain factors that are of critical importance
should be identified through further research. This is needed to provide rights based
approach get rationalized and accepted within the prevailing framework of beliefs and
perceptions. As such how people like teachers and religious leaders - who exert
considerable influence on formation of popular mind-set through their teaching,
preaching and sermons - could be mainstreamed into the struggle against VAW should
be carefully investigated.

24
id

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Suggestion

There are a growing number of promising examples that demonstrate pathways to

advancing women’s empowerment and gender equality. Greater investments in
testing and scaling up these practices offer great potential. A study of successful
‘scaling up’ efforts to reduce crime rate identified four dimensions for learning from
change:
(i) Institutional change – change in the rules, norms, behaviours, and organizations;
(ii) Experimentation and learning – how change is learned from and adapted to
different contexts;
(iii) Political leadership and commitment – how different interest groups and coalitions
support change; and
(iv) Supportive external environments – how external environments can catalyse and
sustain change.
‘Scaling up’, therefore, should be viewed in terms of enabling and supporting change
in a way that maximizes the potential of resources to achieve impact. For this reason,
simple replication of successful projects or activities in new locations is unlikely to be
effective unless it is accompanied by a conducive enabling environment.
Based on the review in this paper, and on many of the key convening’s and analyses
generated over the action taken for the eradication of the crime against women I have
cited some suggestions hereunder:
1. My first & foremost suggestion on this regard are that, complete banned on
alcohol and other similar intoxicant. If we see the statistics the criminal of this
crime are in drug addict at the time of commission of crime.
2. Criminalize acts which people could not do without such as bribing, prostitution,
p*rn movie, domestic violence, cheating, black money etc. rather make these
acts civil offence.
3. The judiciary has the primary responsibility of enforcing fundamental rights,
through constitutional remedies. The judiciary can take suo-motu cognizance
of such issues being deeply concerned with them both in the Supreme Court
and the High Court. An all India strategy to deal with this issue would be
advisable. The Chief Justice of India could be approached to commence
appropriate proceedings on the judicial side. The Chief Justice may consider
making appropriate orders relating to the issue of crime against women.

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 4. The use of the sophisticated electronic devise to trace criminals and every
university, Colleges and other public places must be come under the CCTV
footage.
5. Improve national level capacity to track and report on progress, gaps and
opportunities through better generation and use of sex-disaggregated data and
statistics, including on time use.

Bibliography:-
1. Constitution of India ........................................... , V.N. Shukla.
2. Constututional law of India..........................., Dr. J. N. Pandey.
3. Law & Social Transformation..........................., Malik & Raval.
4. Law & Justice....................................................., Soli J. Sorabjee.
5. Rule of Law in a free Society..............., N.R. Madhava Menon.
6. Women & Law………………………….. Mamta Rao
7. Treaties on Administrative Law..............................., M.P. Jain.

& SOURCE OF INTERNET.

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