WOMEN
GENDER ISSUES — GENERAL POINTS
Constitutional Provisions
- Equality before Law
- Article 15: The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- Article 15 (3): The State to make any special provision in favor of women and children.
- Article 15 (4): Capacitates the State to create special arrangements for promoting interests and welfare of socially and educationally backward classes of society.
- Equality of Opportunity
- Article 16: Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
- DPSP (Directive Principles of State Policy)
- Article 39(a): The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood.
- Article 39(d): Equal pay for equal work for both men and women.
- Article 39 A: To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
- Article 42: The State to make provision for securing just and humane conditions of work and for maternity relief.
- Article 46: The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation.
- Article 51(A)(e): To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.
- Reservation
- Article 243 D (3): Not less than 1/3 of the total number of seats to be filled by direct election in every Panchayat to be reserved for women.
- Article 243 D (4): Not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women.
- Article 243 T (3): Not less than 1/3 of seats to be reserved for women in Municipality elections.
- Article 243 T (4): Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes, and women in such manner as the legislature of a State may by law provide.
Gender Issues
- Girl Child
- Sex selective technology and Abortion of Girl Child: India accounts for 45.8 million of the world’s ‘missing females’ over the last 50 years (UN report).
- Female Infanticide: From 903 girls for every 1,000 boys in 2007, it dropped to 877 in 2016 (Civil Registration System).
- Neglect on Education of Girl Child: Involving them in household works, leading to school drop out of girl child.
- Neglect on Nutrition of Girl Child: Leading to problems like Anaemia.
- Child labor cases: India accounts for more than 10 million child workers (National Census 2011).
- Child abuse: Physical, social, mental, emotional, and even sexual (rapes). Example: Bihar shelter home cases.
- Adolescent Girls
- Health Issues: Like Anaemia and unhygienic practices during menstruation.
- Child Marriage: Each year, at least 1.5 million girls under 18 get married in India, making it home to the largest number of child brides in the world, accounting for a third of the global total. Nearly 16% of adolescent girls aged 15-19 are currently married.
- Mortality: Under-five mortality for girls in India remains 8.3% higher than for boys. Globally, this is 14% higher for boys.
- Early pregnancy: The risk of maternal mortality is highest for adolescent girls in the 15 years of age group.
- School Dropouts: In 2019, 40% of girls aged 15-18 had dropped out of school, usually to help with housework.
- Sexual violence and Rape cases: 1 in 3 women and girls experience physical or sexual violence in their lifetime, most frequently by an intimate partner.
- Cases of Trafficking and forced labour: According to a report by the UNODC, women make up 49% and girls 23% of all victims of trafficking.
- Adult Women
- Unpaid work and discrimination in employment: Oxfam India estimated that women and girls put in 3.26 billion hours of unpaid care work each day.
- Denial of Inheritance rights: Women hold only 12.8% of the land in India.
- Sexual harassment at workplace: A FICCI report found that 36% of all companies were still not in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Lack of asset base: According to Oxfam, there is an acute disparity in asset base in India among genders.
- Rape cases and sexual abuse: ‘Assault on women with intent to outrage her modesty’ comprises 21.7% of reported cases, followed by ‘kidnapping and abduction of women’ with 20.5% and ‘rape’ with 7.0% of reported cases (NCRB).
- Dowry: Dowry is still the major reason behind violence in households.
- Crime against women: Cases of crime against women rose to 15.3% from 2020. The crime rate per lakh women population is 64.5 in 2021 compared to 56.5 in 2020 (CII Report 2021).
- Marital Rape: Marital rape has been impeached in more than 100 countries, but, unfortunately, India is one of the 36 countries where marital rape is still not criminalized.
- Polygamy: Still persists in different sections in India.
- Poor health facilities, especially for deliveries.
- Older Women
- Social Insecurity: With improper sources of income.
- Social exclusion and neglected widowhood.
- Cases of destitution, begging, sending them to old care homes by children.
WOMEN EMPOWERMENT — GENERAL POINTS
Challenges to Women Empowerment
- Economic challenges
- Poor access to capital: Women hold just 2% of total assets in India.
- Poor Access to Skills: Coupled with poor learning outcomes. Among engineers, the unemployment rate of women is 5 times that of men.
- Discrimination in Job opportunities: Male counterparts are considered more capable over female candidates.
- Unequal Pay: Women are paid 34% less than men.
- Technology: Many machines and equipment are manufactured with male operators in mind.
- Stigmatization of Jobs: “Pink-collared jobs” are reserved only for women, e.g., air hostess roles.
- Discrimination with opportunities: In company boards across India, only 11% are women.
- Social challenges
- Education: Poor literacy levels with 59% compared to 80% in males, gender segregation in educational streams where humanities are preferred for women over STEM subjects.
- Health and Nutrition: Maternal mortality ratio of 130, son meta preference, “Missing women,” and “unwanted girls.”
- Religious and Cultural: Examples include the Sabarimala case and female genital mutilation in the Bohra Muslim community.
- Safety and Security
- Domestic Violence
- Harassment at Work Places
- Rape cases
- Cases of Eve teasing
- Poor Mobility of women: Due to insecurity and fear, which also hampers economic opportunities.
- Rising crimes against women
- Psychological challenges
- Patriarchal society: Leads to poor self-worth in women.
- Stereotypes: Phrases like “Be a man,” “Why are you crying like a woman,” and “Wear bangles” depict women as a weaker sex.
- Political challenges
- Poor Representation: Only 14% women representation in the last Lok Sabha.
- Poor demand address: For example, the 33% reservation for women in the Lok Sabha Bill is still languishing.
Measures for Women Empowerment in India
- Constitutional Measures: Several fundamental rights such as Article 14 (Right to equality) and Article 23 (Right against exploitation) aim to make women at par with men in India.
- Legal Measures: Since the time of Independence, several laws such as inheritance of property, the Dowry Prohibition Act, the PCPNDT Act, the Domestic Violence Act, and the Maternity Benefit Act have been enacted to uphold the rights of women.
- Judicial pronouncement: In the course of progressing humanity, the higher judiciary has given significant judgments in cases such as the Vishakha guidelines, Sabarimala Case, and Triple Talaq judgment to provide due justice to women.
- Programmes and Schemes: The Government has introduced various schemes such as Beti Bachao Beti Padhao Yojana, Janani Suraksha Yojana, e-Mahilahaat, and SHG-bank linkage Programme, etc., for the promotion of the welfare of women.
- Institutional Measures: Several institutions like the National Commission for Women and the All India Women’s Association strive to protect the interests of women in India.
- Gender Budgeting: To ensure better reach of government spending towards the upliftment of women, gender budgeting is being followed in India.
- Reservation: To encourage political participation of women, the 73rd and 74th constitutional amendment Acts reserve 33% of total available seats for women.
Way Forward
- Economic
- Formalisation: Formalisation of women’s jobs is necessary as women are concentrated in the informal sector, where jobs are unregulated and insecure.
- Child Care: High-quality childcare enables economic empowerment and can positively impact children’s learning.
- Investing in women-based sectors: Investing in sectors like MSME, non-profits, and education to create more jobs.
- Wage Gap: The wage gap needs to be narrowed for more equitable outcomes for both genders.
- Education-Employment Trade-off: Education must be accessible to women; otherwise, they either get married off or enter low-paying professions.
- Social and Security
- Awareness and sensitization: Gender equality and women’s rights should be included in the school curriculum and family ethos. Behavioral change should start from home.
- Gross enrollment ratio: Equitable increase in enrollment at all levels of education can lead to better outcomes for women.
- Crimes: Monitoring and better police work can ensure crimes against women are curbed.
- Awareness: Decentralized awareness regarding the benefits of empowered women must be promoted at the grassroots level.
- Healthcare: Maternity benefits and focused health measures can improve the quality of life for women and their households.
- Distress centres: Establishments for addressing complaints regarding discrimination and domestic abuse.
- POSH Act: Implementation of the POSH Act must be mandatory in all establishments employing women.
- Technological Interventions: Measures like CCTV cameras and alarm systems in public transport.
- Governance
- Maternity Benefit: The Maternity Benefit Act must be properly implemented and enforced in all areas.
- Political participation: Voter education must be extended to all households.
- Women Legislators: Quotas and reserved seats for women in every party can ensure better political representation.
- Pati-Panchayat Nexus: Women must be liberated from patriarchal hold even as they hold political offices.
- Psychological
- Sexual Assault: Women are the worst victims of sexual assault, and thus prevention as well as post-trauma rehabilitation must be provided.
- Mental Health: Many women, especially in weaker sections, face mental health issues, requiring intensive care and counseling to aid their growth.
Examples from around the world
- Georgia: Political parties that include at least 30% of each gender on their electoral lists receive a 30% supplement from the state budget.
- Japan: Promotes “Womenomics” where G20 leaders act to boost training and ensure equal use of technology so that no woman is left behind.
- Zambia: Honey collecting, usually done by men as beehives are placed high in trees, has seen changes with the introduction of ground-level hives, allowing women to become beekeepers and earn income.
FEMALE WORK and LABOUR FORCE PARTICIPATION IN INDIA
Data and Current Incidence
- Pre-pandemic: In 2019, before the Covid-19 pandemic, female labor force participation in India was 23.5%, according to ILO estimates.
- Global Gender Gap Index 2022 (WEF): India ranked 135 out of 146 countries in the Global Gender Gap (GGG) Index for 2022.
- Economic participation: India’s rank in economic participation and opportunity was particularly poor, at 143rd position.
- Proportion of women participating in paid work: Dropped from 30.7% in 2006 to 19.2% in 2021 (World Bank).
- Percentage of employed women: The percentage of employed women has remained low over the past decade, averaging 21% between 2012 and 2021.
- Global scenario: In 2021, 46% of women globally were part of the workforce. For example, China had 61% of its women in the workforce, while the US had 55%.
- Work from Home: The ILO found that 34% of rural Indian women and 28% of urban women were willing to work from home.
- Participation in corporate India: Only about a quarter of employees in India Inc. are women. This proportion is lower in start-ups, where only 20% of employees are women.
Impact of Pandemic
- Disproportionate impact: Women were disproportionately affected because they often work in sectors hit hardest by the pandemic, are more present in the informal economy, or are primary caregivers at home (ILO).
- Data from the Centre for Monitoring Indian Economy (CMIE): Reports showed that 61% of male workers were unaffected during the lockdown, while only 19% of women experienced this stability.
Social Incidence [Can be quoted in Essay]
- Recently, contractors in Beed district of Maharashtra stopped hiring women cane cutters because, in their imagination, women who menstruate are likely to take breaks from work, which may adversely affect productivity.
- In fact, irrespective of gender, any breaks taken by contracted labor result in financial penalties for contractors. As a result, about half of the women in some villages of Beed district have undergone hysterectomies (i.e., surgical removal of the uterus).
Reasons for Low FLFPR (Female Labor Force Participation Rate)
- Socio-Cultural
- Increase in family income: When family incomes increase, women often leave work to take care of the family due to cultural factors.
- Limited role: Women in Indian culture are often shown with the limited role of homemaker, as mothers, sisters, and wives, leading to discrimination and inequalities.
- Social bottlenecks: Cultural practices, such as husbands dominating family decisions after marriage, early marriages, and patriarchal attitudes, contribute to persistent inequality.
- Still a social stigma: Stigma against women working outside the house, especially for those who can afford not to work, continues to impact women’s presence in the labor market.
- Illiteracy: Lack of education among women leads to poor literacy rates, which contributes to the gender gap in higher education and economic opportunities.
- Literacy rate of India in 2011: 74%. Male literacy rate was about 82%, while the female literacy rate was 65.5% (Census 2011), showing a significant gender gap in literacy.
- Economic
- Unequal pay: It is common for women to face wage discrimination, earning less than their male counterparts.
- Glass ceilings: An invisible barrier prevents women from rising beyond a certain level in a hierarchy, particularly affecting high-achieving women in the corporate sector.
- Positional bias: Women are often considered for stereotypical roles such as secretaries, HR (human relations), receptionists, etc.
- Increasing family incomes: Rising incomes, especially in urban areas, can reduce the economic necessity for women to work.
- Demand-supply gap: India has not created enough jobs, and the gap in employment opportunities leads to more women choosing to stay at home.
- Lack of employment opportunities: While greater education correlates with higher economic participation for men, it does not have the same effect for women. Research shows a U-shaped relationship between education and labor force participation in India.
- Women with no education and those with tertiary education display the highest rates of labor force participation among Indian women.
- Physical
- Maternity: Many women who join the workforce are unable to rejoin after childbirth. Childcare responsibilities often act as a barrier to workforce participation for women.
- Diminished responsibilities: The sex differences are exaggerated to treat men and women differently, as the latter are given jobs with less responsibility like house-keeping, organizing events, etc., whereas men are entrusted with leadership roles.
- Unsafe environment: Women do not feel safe to work far away from home or at night due to the increasing number of crimes against women in India.
- Technological
- Design barriers: Many machines and equipment are designed and manufactured with male operators in mind, making it hard for women to work on them.
- Digital Divide: In 2019, in India, internet users were 67% male and 33% female, with an even bigger gap in rural areas. This divide can become a barrier for women to access critical skills for better job opportunities.
- Technological Disruption: Women hold most of the administrative and data-processing roles that artificial intelligence and other technologies threaten to usurp.
- Institutional and Infrastructural
- Sexual Harassment at the Workplace: Despite the enactment of the law, harassment persists in India due to poor implementation.
- Restrooms: Many workplaces, especially in the unorganized sector (e.g., salt farming), lack adequate restroom facilities, subjecting women to long work hours without relief, which impairs their health.
- Terminations: Women are sometimes dismissed for speaking out against sexual harassment or asking for equality, even in reputed companies like Wipro. Additionally, females may be terminated for taking maternity leave.
- Governance and Political
- Biased laws: Laws are often gender-biased rather than gender-neutral. Gender-neutral laws could have better outcomes in reducing the gender gap.
- Example: The Maternity Benefit Act provides provisions only for maternity leave, with no provision for paternity benefits.
- Gender equality seen in isolation: Many policies and initiatives focus only on empowering women without addressing the roles of men. This perpetuates patriarchal mindsets and inequality.
- Poor political representation: Without adequate political representation, gender equality cannot be fully achieved. Political empowerment helps women become decisive and aware of their rights. According to the Women in Politics 2017 report, the Lok Sabha had 64 (11.8% of 542 MPs) and the Rajya Sabha 27 (11% of 245 MPs) women MPs.
- Lack of data: Major gaps in gendered data and lack of trend data make it difficult to monitor progress. In India, significant data gaps regarding the girl child hinder a systematic longitudinal assessment.
- Restrictive legislations: Over 50 Acts and 150 rules across Indian states restrict women’s work choices. For example, women in India cannot work at night (after 6 PM) or in jobs deemed arduous (e.g., underground mines, heavy lifting), hazardous (at least 27 factory processes), or morally inappropriate (e.g., jobs involving the sale of liquor) [State of Discrimination Report by Trayas Foundation].
- Unintended impact of legislative measures: Some laws made to support women have adverse effects.
- Example: The Maternity Benefit Act can discourage employers from hiring younger women who may take 26 weeks of paid maternity leave and require a company-provided creche.
- Other reasons
- Increasing literacy levels: Literacy levels among women have been improving over the last few decades. With women aged above 15 increasingly enrolling in higher studies in colleges, their participation in the workforce might have decreased.
- Household work: Most Indian women are deeply engaged in running households, which is unpaid work and does not count as being part of the workforce.
Advantages of FLFPR (Female Labor Force Participation Rate)
- Governance
- Different way of looking: Women have a unique perspective, which is important in technical and administrative fields.
- Gender sensitivity: Increasing women’s participation leads to more women-oriented and better-targeted policies.
- Economic
- Increase national income: If more women engaged in paid work, India’s national income would rise significantly.
- Increase money circulation: With more female participation, money circulates as more people are employed, leading to greater expenditure.
- Increase in GDP: An IMF blog estimates that closing the gender gap in countries with higher gender inequality could increase GDP by an average of 35%.
- Boost to start-up India: Women entrepreneurs contribute to innovation and job creation, helping to address critical challenges globally.
- Increase in productivity: According to the IMF, four-fifths of productivity gains come from adding workers to the labor force, with one-fifth resulting from gender diversity effects.
- Social
- Better family development: Working women impart qualities such as independence, interdependence, tolerance, discipline, time management, and multitasking to their families.
- Enhances a woman’s control: Women gain greater influence over household decision-making.
Government Initiatives
- Policies and Schemes
- Support to Training and Employment Program for Women (STEP): Ensures sustainable employment and income generation for marginalized and asset-less rural and urban poor women.
- Skills for Employability: The government provides training to women through a network of Women Industrial Training Institutes, National Vocational Training Institutes, and Regional Vocational Training Institutes.
- Rashtriya Mahila Kosh (RMK): Provides microfinance services to aid the socio-economic upliftment of poor women.
- Mahila e-Haat: An online digital marketing platform for women entrepreneurs and SHGs/NGOs.
- Scheme for Working Women Hostel: Promotes the availability of safe and conveniently located accommodation for working women, with daycare facilities for children, at places where employment opportunities exist.
- Rajiv Gandhi National Creche Scheme for Children of Working Mothers: Seeks to provide daycare facilities for children (0-6 years) of working mothers.
- Others: The government has also prioritized women in many schemes such as MUDRA scheme, STAND UP India, and MGNREGA to boost women’s employment.
- Legal Provisions
- Equal Remuneration Act, 1973: Provides for the payment of equal remuneration to men and women workers for the same work or work of similar nature without any discrimination.
- Minimum Wages Act, 1948: The wages fixed by the appropriate government are equally applicable to both male and female workers, and the Act does not discriminate on the basis of gender.
- Unorganised Workers’ Social Security Act, 2008: Seeks to ensure social security to workers, including women in the unorganised sector.
- Indira Gandhi Matritva Sahyog Yojana (IGMSY) Scheme: Provides cash incentives to pregnant and nursing mothers to partly compensate for wage loss both prior to and after delivery.
- Maternity Benefit (Amendment) Act, 2017: Enhances paid maternity leave from 12 weeks to 26 weeks and includes provisions for mandatory creche facilities in establishments with 50 or more employees. However, these provisions have led to lower hiring rates of women in formal sectors, especially in start-ups and SMEs.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: Seeks to protect women against sexual harassment at all workplaces, both in the public and private sectors, whether organized or unorganized.
Way Forward
- The National Employment Policy: Currently in progress, it should address the constraints affecting women’s workforce participation.
- Expansion of MGNREGA: Introduce an urban employment guarantee targeted at women to alleviate mobility restrictions.
- COVID-19 hardship allowance: An allowance of at least ₹5,000 per month for six months should be announced for 2.5 million accredited social health activists and Anganwadi workers, most of whom are women.
- Convergence of various programmes: Focus on adult education, literacy, and advanced skill training to enhance women’s employability.
- Incentivising enterprises: Provide tax incentives for the recruitment of women.
- Investing in large-scale social campaigns: Promote social change to break gender stereotypes and redefine men’s roles in households, while supporting women.
Conclusion
Women’s labor force participation and access to decent work are essential for an inclusive and sustainable development process. The ultimate goal should be to increase female labor force participation and provide opportunities for decent work, which will contribute to the economic empowerment of women and the nation as a whole.
GENDER WAGE GAP
The Gender Pay Parity, also known as Gender Pay Gap or gender wage gap, is the average difference between the remuneration for working men and working women. Research and studies show that women are paid less than men.
Recently, the World Economic Forum (WEF) released its Global Gender Gap (GGG) Index for 2022, which placed India at 135 out of 146 nations.
Constitutional and Legal Provisions
- Article 39(a): Citizens, men and women equally, have the right to an adequate means of livelihood.
- Article 39(d): Ensures equal pay for equal work for both men and women.
- Equal Remuneration Act, 1973: Provides for the payment of equal remuneration to men and women workers for the same work or work of similar nature without any discrimination.
- Unorganised Workers’ Social Security Act, 2008: Enacted to ensure social security to workers, including women in the unorganised sector.
Data
1. Mind the Gap: The State of Employment in India (by Oxfam): Women on average are paid 34% less than similarly qualified male workers for performing the same tasks. 2. Global Gender Gap Report 2022 (by WEF) Findings:
3. An economy for the 99% (Report by Oxfam):
4. Based on National Sample Survey Office (2011-12): Estimates indicate that, in nominal terms, women earning a regular salary were paid, on average, Rs. 105 and Rs. 123 less than male workers daily in urban and rural settings, respectively. Corresponding figures for casual workers were estimated at Rs. 72 and Rs. 47 for urban and rural workers. |
Reason for Gender Wage Gap in India
- Reasons related to Job Provider
- Discrimination in Job Opportunities: Male counterparts are often considered more capable than female candidates, compelling women to work for lower salaries.
- Informal sector: Higher participation of women in light industries and the unorganized sector, where wages are typically lower.
- Work culture: Women prefer working in safe environments, even if it means compromising on wages.
- Bypassing laws: Employers may pay less to offset costs related to maternity benefits and women’s security expenditures.
- Glass ceiling: Women are often kept in lower executive roles, allowing companies to minimize social security costs, such as maternity leave.
- Less enthusiasm: Employers may undervalue female employees due to the perception that women are more likely to leave jobs after marriage.
- Reasons related to Job Seeker
- Poor Access to Skills: Combined with poor learning outcomes, women face an unemployment rate five times higher than men in some sectors.
- Poor access to capital: Women hold only 2% of total assets in India, forcing them into lower-wage employment despite entrepreneurial aspirations.
- Poor Bargaining Power: Due to low workforce participation, women generally have less bargaining power compared to men.
- Technological Barriers: Machines and equipment are often designed with male operators in mind, making it harder for women to work efficiently, leading to lower wages.
- Educational inequalities: High dropout rates among girls lead to fewer opportunities for higher education, impacting employment prospects.
- Reasons related to Society
- Patriarchal mindset: Wage discrimination is normalized and not viewed as wrong by people with patriarchal values.
- Rising crimes: Safety concerns compel women to seek lower-paying but safer jobs.
- Interruptions in career: Marriage, pregnancy, childcare, and other family responsibilities disrupt women’s career progression.
- Poor health and Nutrition: This can lead to lower productivity and thus lower wages.
- Unpaid work: Women spend about two-thirds of their time on unpaid work, whereas men spend only about one-fourth, affecting women’s productivity and economic contributions.
- Reasons related to Governance
- Poor grievance redressal system: There are insufficient mechanisms for complaints against wage discrimination, which fails to deter employers.
- No stringent rules and laws: There are limited regulations specifically addressing wage standards for women workers.
- Lack of political will: Politicians often hesitate to enhance women’s participation in politics, exemplified by the pending Women Reservation Bill.
Important Judgements
- State of Punjab and Ors. v. Jagjit Singh and ors: The Supreme Court held that an employee engaged in the same work cannot be paid less than another performing identical duties and responsibilities, emphasizing that such practices do not align with a welfare state.
- Mackinnon Mackenzie’s case 1987: A landmark case where equivalent compensation for male and female stenographers was at issue. The court ruled in favor of women stenographers, supporting the principle of equal pay for equal work.
Government Initiatives
- Support to Training and Employment Program for Women (STEP): Ensures sustainable employment and income generation for marginalized and asset-less rural and urban poor women.
- Rashtriya Mahila Kosh (RMK): Provides microfinance services to support the socio-economic upliftment of poor women.
- National Mission for Empowerment of Women (NMEW): Strengthens overall processes that promote comprehensive development of women.
- Mahila e-Haat: A digital marketing platform for women entrepreneurs, SHGs, and NGOs.
- Pradhan Mantri Mahila Shakti Kendra: Empowers rural women through community participation to help them realize their potential.
Way Forward
- Factors which make women better suited to leadership roles: Studies show that women possess patience and a high emotional quotient, making them well-suited for leadership due to better communication and work relationship management.
- Example: Successful women leaders like Ela Bhatt, Indira Nooyi, and Arundhati Roy have demonstrated the capability and strength of women in leadership roles.
- Challenging social attitudes: Addressing patriarchal attitudes through socialization and education is essential for meaningful change.
- Policy intervention:
- Better implementation of the Companies Act, 2013: Enhance women’s representation on corporate boards, aiming for at least 35%.
- Effective enforcement of laws: Such as the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to ensure a safe work environment.
- More legislations: To promote workforce parity, including labor reforms, maternal benefits, equal pay, and female quotas.
- Support for Self Help Groups (SHGs): Encourage women entrepreneurship and provide financial and digital literacy to enhance women’s decision-making power and empowerment.
- Stringent infrastructure rules for providing basic facilities for a decent workplace like toilets and restrooms.
- Increasing women’s economic independence through improved financial literacy, access to financial services, and assistance for women to develop their employment prospects is essential.
- Skill development through life skills education for low-income women equips them with the knowledge, skills, and understanding of their rights and entitlements, enabling them to manage their lives better.
For India to maintain its position as a global growth leader, more concerted efforts at local and national levels, and by the private sector, are needed to bring women to parity with men.
WOMEN AND DIGITAL LITERACY
The digital gender gap in India is significant, with less than a third of India’s internet users being female (29%). Globally, in developing countries, the number of women using the internet is 12% lower than that of men. In India, over 60% of women in 12 states and union territories have never used the internet [NFHS V].
Reasons for low digital literacy among women:
- Personal issues: Obstacles such as lack of self-confidence, low self-esteem, lack of competence in using equipment, and lack of training facilities.
- Social issues:
- Illiteracy: Leads to low exposure and awareness about ICT technology.
- Others: Lack of awareness, accessibility, and often restrictions or resistance due to gender.
- Financial issues:
- Poverty: Families lack resources, preventing them from affording computers and internet services.
- Financial dependence: Low labor force participation and wage gaps mean women are not financially independent, making it difficult to afford such devices.
- Legal and administrative issues:
- Ill-equipped system: Police and courts are not yet equipped to handle ICT-mediated violence and harassment cases.
- Legal issue: The absence of data privacy laws creates an aversion to digital services.
Significance of digital literacy for women:
- Financial independence: Knowledge and access to digital literacy empower women to start small businesses and gain greater control over their finances and savings.
- Social benefits:
- Mobilization: The ability of women to connect and mobilize via social media and the internet is crucial for the success of campaigns against gender inequality (e.g., the MeToo Movement).
- Supplement education: Free online learning resources can support education and help women learn new skills.
- Generate a sense of agency: The ability to communicate and educate themselves helps women develop a sense of agency.
- To fight social discrimination: Households where women owned mobile phones showed lower tolerance for domestic violence and higher women’s autonomy [A study on mobile phone ownership and usage by women in India].
- Address challenges: With relevant skills and digital awareness, women can counter new challenges arising in the online environment.
Measures taken:
- We Think Digital: Facebook launched the “We Think Digital” programme in partnership with NCW and Cyber Peace Foundation to provide digital learning training to 1 lakh women across 7 states.
- Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA): Initiated in 2017 with the goal of covering 6 crore rural households by March 2019.
Way Forward:
- Economic empowerment: Enables the accessibility of digital products for women.
- Collaborations: Civil society organizations can play a crucial role in teaching basic digital awareness to rural women.
- Affordable products: Promotion of domestic electronic manufacturing can lead to more affordable digital goods, benefiting the poor.
ELIMINATION OF VIOLENCE AGAINST WOMEN
Data
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Causes of violence against women
- Social reasons
- Patriarchal mindset: Objectification of women results in them being seen as a source of pleasure for men, treated as a second-class gender, leading to subjugation.
- Gender social norms (Index 2021) [UNDP]: Almost 28% of the population believes it is justified for a man to beat his wife.
- Blame-game: Victims are often named, shamed, and blamed, contributing to under-reporting.
- Lack of awareness: Limited sexual education in childhood and lack of gender sensitization within families.
- Changing socio-economic relations: Especially seen in urban areas, such as higher income of women and neglect of in-laws.
- Power imbalance: Gender inequalities that fuel rape culture often stem from power imbalances [UN Secretary-General António Guterres].
- Patriarchal mindset: Objectification of women results in them being seen as a source of pleasure for men, treated as a second-class gender, leading to subjugation.
- Flaws in legal and criminal justice system
- Poor deterrence against crime: Due to manpower shortages, insensitive investigations, and delays in the judiciary, crime deterrence is weak.
- Victimization: Victims may face unfair treatment or marginalization during investigations, known as secondary victimization.
- Limitation of laws: Laws are not comprehensive. For example, marital rape is not recognized as a crime in India.
- Poor representation of women in law enforcement: Women constitute only 7.28% of the police force in India [Status of Policing in India Report 2019].
- High pendency and low conviction rate: Crimes against women have a pendency rate of 91.3% and a conviction rate of only 30% [NCRB].
- Poor implementation of laws: For instance, many organizations have not formed Internal Complaints Committees under the Sexual Harassment of Women at Workplace Act.
- Under-reporting: 70% of women who faced workplace sexual harassment did not report it due to fear and possible repercussions [2017 National Bar Association survey].
- Political issues
- Low representation of women in political institutions: Despite 14.39% of legislators in the 17th Lok Sabha being women, India lags behind the global average of women parliamentarians at 24.6%.
- Sarpanch pati syndrome: 49% of elected representatives are women in local bodies, but real power is often exercised by their husbands.
- Lack of political will: The bill for reservation of seats for women in Parliament has not yet been passed.
- Criminalization of politics: Approximately 40% of elected MPs in the 17th Lok Sabha had criminal charges, including those related to violence against women.
- Infrastructural issues: Unsafe roads, poorly lit corridors, and inadequate public spaces contribute to violence due to a lack of last-mile connectivity.
- Other issues:
- Law and order problem: Violence against women is treated as a law-and-order issue without implementing stricter changes in mindset.
- Under-utilization of the Nirbhaya Fund: Ministries and departments, as well as states, have not fully utilized the fund to its potential.
- Just under half the sanctioned funds for Ministry of Women an dChild Development schemes have been released, and of the released amount, only 27% has been utilized.
- Uttar Pradesh, which has the highest number of One Stop Centers and accounts for 50% of the cases reported to these centerd, has utilized a mere 12.5% of the amount of Rs 50.7 crore allocated to it over six years.
Steps taken to eliminate violence against women
- Legislative measures
- Based on Verma committee Criminal Law (amendment) Act, 2013: Introduced new offenses such as acid attacks, sexual harassment, voyeurism, and stalking into the IPC.
- POCSO, 2012: Amended in 2018 to include the death penalty for the rape of children under 12 and lifelong imprisonment if the victim is under 16.
- Juvenile Justice Act, 2015: Allows for treating a child aged 16-18 as an adult if the offense committed is of a heinous nature.
- Dowry Prohibition Act: Criminalizes the giving or taking of dowry.
- Section 498A of IPC: Punishes cruelty against women by husbands or relatives.
- Sexual Harassment of Women at Workplace, 2013: Defines sexual harassment and sets up institutional mechanisms for complaints and inquiry.
- Protection of Women from Domestic Violence Act: Addresses physical, verbal, emotional, sexual, and economic violence within domestic relationships, including provisions for women in live-in relationships, mothers, and grandmothers, with compensation and maintenance rights.
- Other measures
- National Database of Sexual Offenders: Created for better tracking of offenders.
- National Commission of Women: Promotes gender sensitization and capacity-building programs for police officers, with a dedicated email ID for reporting complaints about sexual harassment.
- Panel to look into sexual harassment at the workplace: A central government initiative to set up a panel of judges to establish an institutional framework to curb workplace sexual harassment, following the #MeToo campaign.
- Judicial measures
- Mallikarjuna Kodagi v. State of Karnataka: The Supreme Court emphasized the importance of victim impact statements (VIS) for appropriate punishment, allowing victims to share their experiences.
- Vishakha v. State of Rajasthan: The Supreme Court recognized the issue of workplace sexual harassment and ruled that failing to address it violated fundamental rights, establishing guidelines for its prevention.
- International Obligations
- ILO’s Violence and Harassment Convention, 2019: A legally binding convention covering workers, trainees, job seekers, interns, and third parties such as clients and customers.
- The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979: Adopted by the UN General Assembly to prevent violence against women and girls worldwide.
- Declaration on the Elimination of Violence Against Women, 1993: Defines violence against women as “any act of gender-based violence that results in physical, sexual, or psychological harm including threats of such acts, deprivation of liberty, etc. occurring in public or private life.”
- Sustainable Development Goals: SDG-5 targets gender equality globally by 2030.
Way Forward
- Gender Sensitization: Changing social attitudes through school curriculum inclusion, promoting a culture of mutual respect for children, and reforming discriminatory laws, such as recognizing marital rape as a crime.
- Women Empowerment: Implementing self-defense training for girls and women and increasing their participation in decision-making positions.
- Changes in legal and criminal justice system:
- Rape crisis cell: Establish rape crisis cells that notify authorities immediately when an FIR related to sexual assault is filed, providing legal assistance to victims [Justice Verma Committee].
- CCTV Cameras: Install CCTV cameras at police station entrances and in questioning rooms [Justice Verma Committee].
- Assist victims irrespective of jurisdiction: Implement Zero FIR provisions, allowing FIR registration regardless of jurisdiction, which should then be transferred to the appropriate police station [Justice Verma Committee].
- Marital Rape: Marital rape should be classified as an offense, as marriage should not imply irrevocable consent to sexual acts [Recommended by Pam Rajput Committee, UN Committee on Elimination of Discrimination Against Women].
- Increase women in law enforcement: Essential for addressing violence against women and improving community-police relations, reducing excessive force, and enhancing responses to sex crimes.
- Other recommendations: Enable online FIR filing, fair treatment for good Samaritans, specialized training for police officers on handling sexual offenses, community policing, and a ban on the two-finger test [Justice Verma Committee].
- Electoral Reforms: Individuals charged with crimes such as rape and murder should be barred from participating in the electoral process.
- Women Safety: Prioritize infrastructure development to ensure women’s safety, with monitoring by police, especially in isolated areas frequented by women, and the installation of CCTV cameras.
The character of a society is reflected in its treatment of women. The rising crimes against women in India question the very essence of our national character. It is imperative to implement multifaceted approaches to combat this menace. Women deserve the right to live with dignity and freedom from violence. The cycle of rape, outrage, and amnesia must be broken. Violence against women in India is a ‘National Problem’ that requires ‘National Solutions’.
ONLINE HARASSMENT OF WOMEN
Online harassment can take many forms, but the core concept is straightforward. It occurs when a person or person uses online platforms like email, social media, apps, and websites to cause emotional distress to their victims. The harassment targeted specifically at women is sometimes called cybersexism or cybermisogyny, involving gendered abuse aimed at women and girls online.
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Impact of Online Harassment
- Social
- Reduces Empowerment: Harassment can significantly reduce the confidence of individuals, especially those facing sexual harassment.
- Communal Disharmony: Harassment based on culture, language, religion, or caste can disrupt social harmony.
- Example: The GitHub platform was recently used to harass women of the Muslim faith.
- Spread of Personal Data: Perpetrators often share rumors and personal images.
- Example: In 2022, a man in Mumbai was arrested for circulating intimate photos on Instagram.
- Health
- Mental Health: Victims of cyberstalking and harassment suffer from depression, anxiety, suicidal ideation, and panic attacks.
- Example: A 19-year-old in Delhi took her own life after being bullied by a cyberstalker.
- Threat to Life: Online harassment can lead to real-world stalking and assault when perpetrators are known to the victim.
- Mental Health: Victims of cyberstalking and harassment suffer from depression, anxiety, suicidal ideation, and panic attacks.
- Political
- Threat to Freedom of Speech and Expression: Harassment aimed at online communication can restrict women’s ability to express themselves freely.
- Psychological
- Poor Self Esteem: Cyberbullying leads to loss of self-esteem and social isolation.
- Prone to Paranoia: Victims of bullying or extortion may experience depression and suicidal thoughts.
- Example: Phishing rackets in India have seen cybercriminals blackmailing individuals for money or sexual favors.
Some Government Initiatives
- Legislations to deal with Online Harassment
- IPC Section:
- 153 A: Punishes behavior that promotes hostility and disrupts harmony based on religion, race, birthplace, etc., with up to three years in prison.
- 295A: Punishes intentional acts aimed at damaging religious beliefs of any community.
- 354D: Defines stalking and states that men who monitor women’s use of digital platforms are guilty, with penalties up to 5 years in prison.
- 500: Punishment for defamation, with imprisonment up to two years and/or a fine.
- 509: Punishment for gestures or acts intended to insult a woman’s modesty.
- IT Law:
- Section 67: Penalties for posting/sending obscene electronic material; up to 3 years in prison for the first conviction and up to 5 years for subsequent offenses.
- Section 66E: Penalizes acts of invading privacy by capturing, publishing, or transmitting images of a person without consent.
- IPC Section:
- Cyber Crime Reporting Portal: An initiative under the Ministry of Home Affairs for reporting cybercrimes as part of the National Mission for Women’s Safety.
- Regulation for Protection of Workplace Harassment: Online harassment, including social media misconduct, is covered under workplace harassment regulations.
Way Forward
- Strengthening Legal Frameworks: Implement effective IPC sections to combat cyber harassment.
- Responsive Intermediaries: Enforce due diligence and grievance redress mechanisms requiring intermediaries to monitor and prevent illegal content.
- Bringing Parity: Ensure cyber harassment penalties are equivalent to those for physical harassment.
- Digital Education: Promote respectful and appropriate online behavior and recognition of cyber issues.
- Example: Initiatives like the Government’s Digital Swachhta Kendras.
- Police Sensitization: Encourage police to act on cybercrimes that may not involve physical evidence.
- Raising Awareness: Educate girls and women about cybersecurity to help them take precautions against online risks.
- Better technical infra: To assist the police, the government needs to promote better infrastructure, special cybercells, regular training, and collaboration with cyber experts.
- Proper skilling: Forensic research institute skills need to be strengthened so that evidence of cyberbullying can be collected in a timely manner.
- Individual Level:
- Keep the evidence safe: In cases of cyberbullying, victims should capture and save evidence to prove their claims.
- Example: Reporting to the police with relevant screenshots.
- Use technology: Most social media platforms provide options to report or block harassers.
- Protection: Keep phones and accounts password protected to safeguard sensitive information.
WOMEN-LED DEVELOPMENT MODEL
In the vision of women-led development, women are seen as architects of India’s progress and development, rather than passive recipients of development outcomes.
Need for women-led development:
- Economic reasons:
- Increase in GDP: Gender gaps cost the global economy an estimated 15% of GDP. Closing the gender gap could add between $12 and $28 trillion to global GDP [McKinsey & Company’s Global Institute report].
- Benefit to business: Enhancing women’s employment and leadership opportunities boosts organizational effectiveness and growth.
- Job creation: Gender equality could lead to 10.5 million additional jobs, with 70% of these going to women [EU Report].
- Other benefits: Women’s economic empowerment promotes productivity, economic diversification, and income equality.
- Social reasons:
- Role models: Women in leadership can inspire young girls and foster ambition.
- Inclusive societies: Equal representation of women ensures the design of societies that meet the needs of all citizens.
- Counter stereotypes: Women-led initiatives challenge traditional roles and patriarchal norms.
- Positive sector outcomes: Women-led development can lead to better results in health, nutrition, and other sectors.
- Political benefits:
- Representative institutions: Empowering women leads to diverse and representative policy-making bodies.
- Better policy-making: Women bring unique insights to policies that address their needs and promote inclusivity.
- Patriarchy to parity: Women development does not mean ‘deifying women’ but replacing patriarchy with parity.
- SDG Achievement: SDG 5, ‘Gender Equality,’ supports achieving other SDGs through holistic, multi-pronged development.
Steps taken to promote women-led development
- Empowering motherhood:
- Pradhan Mantri Matru Vandana Yojana (PMMVY): A direct benefit transfer (DBT) scheme for pregnant women and lactating mothers to meet nutritional needs and partially compensate for wage loss. The scheme reached one crore beneficiaries in FY 2019-20.
- Maternity Benefit (Amendment) Bill, 2017: Extended paid maternity leave from 12 to 26 weeks.
- Access to sanitation:
- Swachh Bharat Mission-Gramin: 91% of women reported saving time and travel distance due to the construction of toilets [UNICEF 2020: Access to Toilets and Safety, Convenience, and Self-respect of Women in Rural India].
- Education:
- Sukanya Samriddhi Yojana: Part of ‘Beti Bachao Beti Padhao,’ aiding girl child education and reaching over 3 crore young women.
- Knowledge Involvement in Research Advancement through Nurturing (KIRAN): DST consolidated all women-specific programs to enhance gender parity in S&T.
- Consolidation of university research for innovation and excellence (CURIE): Proactive measures to attract and train promising girl students in women’s universities with state-of-the-art infrastructure.
- Gender Advancement through Transforming Institutions (GATI): Grading institutes based on women’s enrollment and career advancement, inspired by the UK’s Athena SWAN model.
- Financial empowerment:
- Pradhan Mantri Jan Dhan Yojana scheme: Major contributor to financial inclusion for women.
- Skill Development and employment:
- Pradhan Mantri Kaushal Vikas Yojana: From 2016 to 2020, 40% of the 73 lakh trained candidates were women.
- Support to Training and Employment Programme for Women (STEP): Promotes skills and self-employment for women.
- Occupational Safety, Health and Working Conditions Code, 2020: Ensures women’s employment in all establishments, including night shifts, with safety provisions.
- Women Entrepreneurship Platform (WEP): Promotes entrepreneurship among women in India.
- Women Scientist Scheme: Provides opportunities for women scientists and technologists to return to mainstream science after a career break due to social responsibilities.
- MUDRA Yojana: Offers collateral-free loans to entrepreneurs, with over 70% of beneficiaries being women.
- Stand Up India: Provides entrepreneurship loans of up to Rs 1 crore to women or SC/ST entrepreneurs.
- Legal and Judicial Measures
- Joseph Shine v. Union of India: The Supreme Court struck down Section 497, citing its violation of gender neutrality and its impact on women’s individual identity.
- Issue of Triple Talaq: Declared unconstitutional in Shayara Bano v. Union of India, as it was arbitrary and violated Article 14.
- Right to Property: In Vineeta Sharma v. Rakesh Sharma, women were granted coparcenary rights, ensuring equal rights to family property by birth, regardless of the father’s status as of September 9, 2005 (amendment to the Hindu Succession Act, 1956).
- Physical Molestation:
- Criminal Law (Amendment) Act, 2013: Passed after the Nirbhaya case, expanding the definition of sexual offenses.
- Criminal Law (Amendment) Ordinance, 2018: Increased punishments for rape, especially for victims under 16.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Ensures a safe environment for women in workplaces across public and private sectors and includes visitors.
- Women Participation at the Local Level
- Mahila Sabhas: Meetings of village women to address issues before the Gram Sabha.
- Rashtriya Gram Swaraj Abhiyan (RGSA): Strengthens PRIs for responsive local governance.
- Panchayat Mahila Evam Yuva Shakti Abhiyan (PMEYSA): Supports women panchayat leaders in articulating their issues collectively.
- Other Schemes
- Ujjwala Yojana: Provides free LPG connections.
- National Rural Livelihood Mission.
- Pradhan Mantri Awas Yojana: Gives preference to women for owning immovable assets.
- Other Measures
- Army: Women officers are now eligible for Permanent Commission in the Indian Army.
- Single mothers: Passport rules have been relaxed to simplify formalities for single mothers.
- Voters: There has been a steady and notable reduction in gender bias in voter participation over time. The sex ratio of women voters compared to 1,000 men has increased significantly from 715 in the 1960s to 883 in the 2000s.
- Space: India’s Mangalyaan launch and a record-setting deployment of 104 nano-satellites from a single rocket featured a team of women scientists, showcasing female contribution in STEM.
Way Forward
- Gender-sensitization: Encourage gender-sensitive perspectives in legislation and policymaking that take into account women’s challenges at different life stages, educational levels, and locations to address inequities.
- Strengthening legal frameworks: Ensure comprehensive legal inclusivity that covers the unorganized sector, implements mandatory laws, and advances Equal Opportunity Policies.
- Encourage women’s participation in industry and enterprise: Develop sector-specific goals for women’s employment and policies to improve credit access for female entrepreneurs. Incentivize industries and companies that hire more women.
- Improve asset ownership and economic security: Support joint or sole registration of land in women’s names and secure women’s rights over shared resources like water systems, forests, and fisheries.
- Enhance women’s skills and leverage abilities: Offer financial incentives for girls’ education until Class XII, promote training in non-traditional jobs like electronics, plumbing, and driving; create professional guilds for collective bargaining.
- Ensure mobility, security, and safety for women: Provide affordable housing, gender-friendly facilities, and hostels; ensure gender-sensitive judicial processes and timely case disposal for violence against women.
Government initiatives aimed at promoting women-led development have bolstered women’s economic and social empowerment. Access to improved facilities, targeted investments in skill building, and supportive legislation have enabled women to become leaders and contribute significantly to India’s progress. The Prime Minister’s vision supports this transformation, positioning women as pivotal contributors to national growth.
GENDER DISCRIMINATION IN STEM RELATED FIELDS
Despite 43% of STEM graduates in India being women—the highest in the world—their actual representation in STEM jobs is only 14%.
Reasons for the Gender Gap in STEM
- Social reasons:
- Patriarchal norms in family: These norms discourage women from STEM careers, viewing them as incompatible with traditional roles like child-rearing and caring for elders.
- Time-consuming roles: STEM jobs can be perceived as too demanding, conflicting with family responsibilities.
- Marriage-related issues: Highly educated women may face difficulties adjusting to a husband’s family or relocating due to marriage.
- Incompatibility between family life and career: There is a significant drop in the number of women pursuing careers due to social pressure to prioritize family over career.
- Girls considered a burden: Cultural hesitance to invest in girls’ education.
- Patriarchal norms at the workplace:
- Perception during hiring: Women are often perceived as prioritizing family over career.
- Repercussions of women-friendly measures: Women being restricted to working only official hours, unlike men who access labs anytime, reinforcing perceptions of being less capable.
- Male-dominated work environment: Gender insensitivity adds to the challenges women scientists face.
- Glass ceiling: Subtle discrimination that prevents women from accessing opportunities and discourages them from STEM careers.
- Lack of confidence and mindset: Societal conditioning leads women to doubt their capabilities compared to men.
- Lack of exposure: Limited exposure in early childhood to STEM fields discourages girls from entering these areas.
- Economic reasons:
- Poverty: Financial constraints mean less educational investment, especially for girls.
- Gender Pay Gap: India’s position at 135th in the 2022 Global Gender Gap Index reflects deterrents to women’s participation.
- Other reasons:
- Limited women-specific science institutes: Only 11% of colleges in India focus on women, with most emphasizing arts and commerce over science.
- Fewer female role models: The scarcity of prominent female figures in STEM.
- Leaky pipeline effect: Women often drop out of STEM careers due to inadequate support related to safety, pregnancy, and workplace policies.
- Security concerns: Long working hours raise safety issues, affecting women more than men.
- Low gross enrollment in higher education: Although improving, historically low rates take time to impact women’s STEM representation.
Need for closing the gender gap in STEM
- Economic Reasons:
- Increase global GDP: Bridging the gender gap could add $12-$28 trillion to global GDP [McKinsey & Company].
- Organizational benefits: Diverse organizations see higher profits and innovation.
- Job creation: Gender equality could yield 10.5 million more jobs [EU Report].
- Social Reasons:
- Future generations: Women in STEM foster scientific awareness for future generations.
- Role models: Visible female STEM leaders inspire young girls and challenge stereotypes.
- Inclusive societies: Equal STEM participation helps build inclusive societies that meet all citizens’ needs.
- To tackle stereotypes: Women in STEM can help counter the traditional roles expected of women and combat patriarchal norms in society.
- To Counter Technological Issues
- To tackle preferential treatment for one group: 80% of AI professors are male, with only 10-15% of AI workforce at companies like Facebook and Google being women. This creates bias in algorithms that favor men, which can lead to societal biases.
- Risk of being displaced by technology: Low representation of women in science and technology increases the risk of women being displaced by technological advances.
- Other Reasons
- Impact on Quality: Fewer women in STEM negatively affects both scientific progress and societal advancement.
- Constitutional mandate: Article 14 seeks equality, and Article 51A encourages all citizens to promote scientific temper.
- SDG 5: Achieving gender equality and empowering women and girls is essential to meet this Sustainable Development Goal.
Success Cases of Women in STEM
- Chandrayaan-2: Women engineers played a crucial role in India’s second lunar mission.
- Role Models: Notable figures include Marie Curie, Kalpana Chawla, Tessy Thomas, and Shakuntala Devi.
Government Steps
- Policies
- New draft Science, Technology and Innovation Policy (STIP) 2020: Mandates at least 30% representation of women in decision-making bodies, including scientific selection and evaluation committees.
- National Education Policy 2020: Integrates coding into the curriculum from Class 6 onwards to counter gender stereotypes and encourage early scientific curiosity among girls.
- Schemes
- Women Scientist Scheme: Provides opportunities for women scientists and technologists to re-enter mainstream science after career breaks.
- Knowledge Involvement in Research Advancement through Nurturing (KIRAN): A program under DST to mainstream gender equality in science and technology.
- Consolidation of University Research for Innovation and Excellence (CURIE): Builds advanced infrastructure in women’s universities to attract, train, and retain promising female scientists.
- Gender Advancement through Transforming Institutions (GATI): A grading system inspired by the UK’s Athena SWAN model to encourage women’s enrollment and career advancement in science.
- Women Technology Parks: Offers hands-on training for women in various technologies.
- National Programme for Training of Women Scientists and Technologists: Provides skill upgrade opportunities for over 1,000 women scientists.
- Collaborations
- Vigyan Jyoti program: A DST and IBM India initiative for STEM learning among girls.
- SHE STEM: Women Leading the Way: Organized by the Embassy of Sweden in India in partnership with the Atal Innovation Mission.
- Others:
- National Science Day 2020: The theme was “Women in Science” to highlight the role of women in science.
- International Summit on Women in STEM, 2020: Organized by the Department of Biotechnology (Ministry of Science & Technology).
- STEWARD: IIT Madras launched the STEM Women Scholars’ and Researchers’ Development (STEWARD) initiative focused on mentoring women PhD scholars at all levels.
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Way Forward:
- Promote and Publicize role models: Highlighting the contributions of women in STEM through textbooks can inspire young girls to become future leaders.
- Private participation: Alongside public sector efforts, private sector involvement is essential to incentivize women in STEM.
- Improving workplace environment: Promote diversity, break glass ceilings, reduce gender pay gaps, and improve social security benefits.
- Mentoring at School Level: Mentorship programs for girls at secondary levels are crucial for boosting confidence.
- Self-affirmation: Encourage women to participate in STEM, fostering confidence.
- Reducing barriers at home: Offer incentives to families to support girls in STEM.
- Promoting safety and security for women: Improve transportation, housing, and campus safety for women.
- Policy Decisions.
- Leaves for men: Paternity and child care leaves for men to reduce domestic responsibilities on women and reduce gender bias.
- Creche facilities: By funding and making them mandatory.
- Generating awareness: Through role models in STEM such as Tessy Thomas, Darshan Ranganathan, Usha Barwale Zehr, Radhika Ramachandran, Anuradha TK, etc.
- Best Practices:
- UK: The Athena SWAN Charter is an evaluation and accreditation program enhancing gender equity in STEM. Participating research organizations and academic institutions receive bronze, silver, or gold accreditation based on their efforts.
- A study in BMJ found that, over five years, participating institutions had more female leaders and improved gender diversity in leadership roles compared to non-Athena institutions.
- Part of national strategies: Countries like Gambia, Argentina, Uruguay, and the province of Quebec have incorporated gender equality in Science, Technology, and Innovation in their national strategies.
MINIMUM AGE FOR GIRLS MARRIAGE
A task force led by Jaya Jaitley and V.K. Paul was established to assess the proposal of raising the legal age of marriage for women. The report has been submitted but is not yet public.
- Mandate of the task force: To examine the correlation between age of marriage and motherhood on health, well-being, and the nutritional status of mothers and children during pregnancy, birth, and afterward.
- Present status:
- Hindus: The Hindu Marriage Act, 1955, sets the minimum age at 18 for brides and 21 for grooms. Child marriages are not illegal, though they can be voided if the minor requests it.
- Islam: A minor who has attained puberty can be considered legally married.
- Special Marriage Act, 1954: Sets the minimum age of consent for marriage at 18 for women and 21 for men.
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Benefits of increasing the age of marriage
- Health benefits:
- Less risk for children: Studies from over 50 low- and middle-income countries show that delaying first births until after age 21 reduces risks of infant mortality, child malnutrition, diarrhea, and anemia.
- Better psychological development: Teenage brides face challenges with child-rearing, as they are often not yet psychologically ready.
- Less complications: Pregnancy-related complications are the leading cause of death among girls between 15 and 19 years of age [UNICEF].
- Optimal age of child birth: Health outcomes are generally best for women having their first child between ages 27 and 29, with an optimal motherhood age range of 21 to 35 years.
- Women health: Raising the legal marriage age for women offers social and economic benefits such as lowering the Maternal Mortality Ratio (MMR) and improving nutrition levels.
- Child health: Children born to adolescent mothers (10-19 years) are 5% more likely to be stunted (shorter for their age) than those born to young adults (20-24 years) [IFPRI].
- Financial benefits:
- Increase female labor force participation: Raising the legal marriage age encourages women to pursue education and join the workforce.
- Financial independence: Providing education and work opportunities allows women to achieve financial independence.
- Political benefits:
- Protection of Basic Rights: Protecting women from early and child marriage safeguards their basic rights and promotes a comprehensive rights-based framework.
- Equal Laws Emanate Equality: Equal laws support social equality and transformation.
- Example: A 2018 Law Commission reform argued that different marriage ages reinforce stereotypes of wives being younger than husbands.
- Example: The 2014 National Legal Services Authority case recognized transgender people as a third gender, establishing equal legal recognition.
- Social benefits:
- Gender equality: Increasing marriage age for women eliminates the gender gap in legal marriage age (21 for men and 18 for women). In 2018, NHRC recommended uniform marriage ages.
- Help counter hypergamy: Equalizing marriage age counters norms that expect women to be younger than men at marriage.
- Curb dowry issue: Younger, financially dependent brides increase dowry demands, which can be reduced by raising marriage age.
- Provide greater educational opportunities: Women who marry later are more likely to pursue higher education, gain skills, and understand the world better.
- Tackling child marriage: India has the largest number of child marriages globally; raising marriage age helps curb this.
- To protect women’s dignity: A law treating women differently based on stereotypes is an affront to dignity.
- Example: In Joseph Shine v Union of India (2019), the Supreme Court decriminalized adultery, stating that laws based on gender stereotypes violate dignity.
Concerns relating to increase in age of marriage
- Lack of control: Increasing the marriage age to 21 years means that girls will have no say in their personal matters until they are 21.
- Denial of rights: This change denies girls the elementary rights granted by child rights conventions, such as the right to be heard and have their views considered, until age 21.
- Increased marriage age: As per an SBI report, the mean marriage age in India is already above 21 years (22.3 years).
- Ineffectiveness of legal measures: Despite the Prohibition of Child Marriage Act (PCMA) of 2006, India has not been able to stop child marriages.
- Example: According to NFHS-4 (2015-16), 26.8% of women between 20-24 years were married before age 18.
- Age not a primary criterion for marriage: Factors such as education, skills, and awareness of rights play a more significant role.
- Misuse of Laws by Parents: Women’s rights activists point out that parents often use this act to punish daughters who marry against their wishes, elope, or seek to escape forced marriages, abuse, or lack of educational facilities.
- Criminalization of a large number of marriages: The change could make many Indian marriages unlawful, as women marrying before 21 will lack legal protections, criminalizing their families.
- Lack of education is a bigger problem: According to the UNFPA’s State of the World Report 2020, in India, 51% of young women with no education and 47% of those with only primary education marry by age 18.
- Increased female infanticide: Raising the marriage age in countries with high son preference and poverty may inadvertently increase female infanticide.
- Exercise in a vacuum: UNICEF estimates that each year, 1.5 million Indian girls under 18 are married. Nearly 16% of girls aged 15-19 are currently married, so the law change may be ineffective without supportive measures.
Raising Legal Age of Marriage for Women – Jaya Jaitly Committee Recommendations
- Increase age: The committee recommended raising the marriage age to 21 based on feedback from young adults from 16 universities across the country.
- Over 15 NGOs were engaged to reach young adults in remote areas and marginalized communities.
- Better access to education: The committee also recommended improving access to schools and colleges for girls, including transportation from remote areas.
- Economic training: Skill, business training, and sex education were recommended.
- Awareness campaign: An awareness campaign should be undertaken on a large scale to promote social acceptance of the new legislation.
Way Forward
- Increasing awareness: The task force emphasized the importance of sex counseling and sex education rather than adopting a judgmental view of sex.
- Phased approach: Raising the marriage age from 18 to 21 could be done gradually, allowing states the necessary time for groundwork.
- Sociological impact study: A government sub-committee advised against raising the marriage age, suggesting no amendments to the PCMA Act without examining their sociological impact on the girl child, even though there was no legal impediment to increasing the age.
- Altering the thinking: Any ground-level change will only happen when the psyche of people alters. No law is effective if change does not occur from within.
- Erasing the stereotype: Increasing the legal age for marriage is essential to challenge the stereotype that women are more mature than men of the same age and thus can marry sooner.
- Empowering disadvantaged women: Empowerment of disadvantaged women is needed through respect for their reproductive rights and investments to counter structural disadvantages faced by women who marry early.
- Study on Karnataka model: In 2017, Karnataka passed the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, declaring all marriages between minors void ab initio (from the beginning).
To make sustainable progress, it is necessary to empower women through education and skill development. The government should focus on economic and social empowerment of women and girls, with targeted social and behavior change communication (SBCC) campaigns.
MARITAL RAPE
Marital rape is defined as compelling, forcing, or subjugating a woman to have sexual intercourse without her consent. The lack of consent is the critical element, not necessarily involving physical violence. Marital rape is widely classified as rape in many societies worldwide, repudiated by international conventions, and increasingly criminalized.
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Types:
- Force Only Rape: The husband uses threats and limited violence to coerce sex, typically in relationships where violence is verbal or limited to sexual interactions.
- Battering Rape: A combination of physical beatings and rape, with sexual abuse as part of a pattern of psychological, verbal, emotional, economic, and physical abuse.
- Obsessive Rape: The most sadistic form, where the abuser is obsessed with sex, and the act itself is violent.
Causes
- Economic
- Unemployment: A 2002 study confirms that marital rape is more common among unemployed men. Being unemployed may impact their self-esteem, potentially leading to violence.
- Poverty: Poverty, especially in rural areas, has historically been linked to a propensity for violent crimes, particularly against women.
- Data: NFHS-4 found that 36% of women in rural areas experienced spousal violence, compared to 28% in urban areas.
- Social
- Hypermasculinity: Societies that celebrate toxic masculinity or hypermasculine behavior may normalize marital rape.
- Family Factors: Men who witness their fathers enacting violence toward their mothers are more likely to emulate such behavior.
- Low Self-Esteem: Low self-esteem in both men and women can lead to marital violence, with spouses seen as easy targets.
- Toxic Dominance: Increased discord between spouses may lead the husband to assert dominance by forcing himself on his wife.
- Non-Reporting of Crime: Marital rape becomes more prevalent as women often do not report it.
- Data: 17% of women reported sexual violence from husbands, while 31% of men admitted to committing sexual violence against their wives.
- Legal
- Non-Justifiable: Section 375 of the IPC does not classify marital rape as a crime, making such cases non-prosecutable.
- Example: In the Harvinder Kaur vs. Harmander Singh case of 1984, the Delhi High Court stated that interference in a household could “destroy the institution of marriage.”
- Poor Data: Limited data on marital rape makes it challenging for authorities to address the issue effectively.
- Non-Justifiable: Section 375 of the IPC does not classify marital rape as a crime, making such cases non-prosecutable.
THE CRIMINALIZATION OF MARITAL RAPE
Need to Criminalize
- Lack of Legal Support: Currently, there is no legal remedy for marital rape, so criminalization can provide both legal remedies and potentially reduce cases.
- Broadening the Scope of Crime: Criminalizing marital rape would recognize it as a criminal offense within marriage.
- Rights of Women: Criminalizing marital rape helps protect women’s rights, even within the household.
- Data: 83% of married women in India (ages 15-49) have reported sexual violence by their husbands, with 7% identifying their husband as a perpetrator (2015-16 NFHS).
- Empowerment: Criminalizing marital rape empowers women by preserving their self-respect and dignity, helping them stand up to aggressors.
- Social Reform: Criminalizing marital rape would contribute to social reform by challenging patriarchal narratives around family life.
- Discriminatory Laws: Exception 2 to Section 375 discriminates against married and unmarried women, violating their fundamental rights under Article 14 of the Constitution. The law clearly discriminates between married women above the age of 15 and below the age of 15.
Issues with Criminalisation
- Malicious Intent: Due to the absence of witnesses, it is very difficult for men to prove that a crime did not occur. An example is seen in the case of Section 498a, which is often misused with malicious intent.
- Issues in Proving: Due to the near impossibility of proving marital rape, its criminalization would only add to the burden on an already overburdened legal system.
- Reduce scope for reconciliation: Marital rape laws would destroy many marriages by preventing any possible reconciliation.
Evolution of Judicial Progress
- Related to Fundamental Rights
- Bhodhisathwa Gautam v Subhra Chakraborthy: The Supreme Court held that rape is a crime against basic human rights. A married woman has the right to live with human dignity, privacy, and rights over her own body, which marriage cannot infringe.
- K.S. Puttaswamy v Union of India: This case upheld the right to privacy as a fundamental right, including decisional privacy in intimate decisions concerning one’s sexual or procreative life.
- Related to Marital Rape
- Nimesh Bhai Bharatbhai Desai v. State of Gujarat 2018: Assault by a husband on his wife can be considered an offense under the IPC. However, if the husband forces his wife to have sexual intercourse, it is not considered rape due to the presence of a valid marriage.
- Independent Thought v. Union of India 2017: The court directed the striking down of Exception 2 to Section 375 IPC for cases involving a girl child below 18 years.
- Chhattisgarh High Court 2021: Justice N.K. Chandravanshi relied on an exception in Section 375 IPC, stating that sexual intercourse by a man with his wife under 15 years of age is not considered rape.
- Kerala High Court 2021: A landmark judgment recognized marital rape as valid grounds for divorce, although it is not criminalized in India.
- JS Verma Committee: Established after the Nirbhaya case, this committee recommended criminalizing marital rape.
Way Forward
- Criminalisation: The law must be reformed to include marital rape as a form of rape, with penal provisions similar to rape outside marriage.
- Options for Wives: The wife should have the option of a decree of divorce if marital rape is proven against her husband.
- Matrimonial Reform: Relevant changes should be made in matrimonial laws.
- Social Education: Men should receive awareness through social campaigns about the harms of such acts.
- Women Empowerment: Studies show that economically empowered women are more likely to seek help and report abuse than those who are not.