legal provisions and judicial response to...

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1 | P a g e J O U R N A L O N C O N T E M P O R A R Y I S S U E S O F L A W [ J C I L ] V O L U M E 3 I S S U E 2

LEGAL PROVISIONS AND JUDICIAL RESPONSE TO PROTECT THE

RIGHTS AND DIGNITY OF A WOMAN

Parmila Kumari1

“You can tell the condition of a nation by looking at the status of its women”

– Pt. Jawaharlal Nehru

ABSTRACT

A Woman plays many roles in her life as mother, sister, and daughter. But in return what they

get? They get exploited in homes and in society as they have committed a crime being a woman.

India as a developed nation has made many achievements in the world but when it comes to the

women all its heads get down. Constitution of India gives equal status and equal rights to every

human being in the Society, much legislation have been passed to protect the rights of the

women, Judiciary has played an active role to protect the rights and dignity of the women but

still the aim of the founders of the Constitution is long way to achieve. In present paper a brief

history of women is given and the study is focused on the status of women, crimes against

women, legal provisions and safeguards for the protection of the rights of women with the help

of some landmark decisions made by the supreme court of India.

INTRODUCTION

Women constitute about one half of the global population, but they are placed at various

disadvantageous positions due to gender difference and bias. They have been the victims of

violence and exploitation by the male dominated society all over the world. Ours is a tradition

bound society where women have been socially, economically, physically, psychologically and

sexually exploited from time immemorial, sometimes in the name of religion, sometimes on the

pretext of writings in the scriptures and sometimes by the social sanctions. The concept of

equality between male and female was almost unknown to us before enactment of the

1 PhD Scholar, Dept. Of Law, Himachal Pradesh University, Shimla

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Constitution of India. Of course, the preamble of the Constitution, which is the supreme law of

the land, seeks to secure to its citizens including women folk, justice—social, economic and

political, liberty of thought, expression, belief, faith and worship, equality of status and

opportunity, and promote fraternity assuring dignity of the individual.2

MANDATE OF CONSTITUTION IN FAVOR OF WOMEN

The difference in treatment or any kind of discrimination between men and women by the state is

totally prohibited by the Constitution of India.3 The Constitution has guaranteed the fundamental

right to every female citizen to enter into any shop, public restaurant, hotel and any other place

of public entertainment even if owned by private individuals. Similarly, no restriction can be

imposed on female citizens with regard to use of any public place maintained wholly or partly by

state fund. However, special provisions can be made by legislation to protect the interest of

women. The legislators are permitted to enact any law for reservation in favour of women in

public employment.4 To improve women's access to decision making structures, the Constitution

has been amended in 1.992 to reserve 33 per cent of the seats in their favour in panchayats and

municipalities, which is considered as major steps for socio-economic empowerment of the

women of India.'5 The Constitution has also cast the duty on every citizen to renounce practices

derogatory to the dignity of women.6This duty is not enforceable in a court of law, but if the

State makes any law to prohibit any act or conduct in violation of this duty the court would

uphold the law as a reasonable restriction of the fundamental rights just as it upheld the law

implementing Directive Principles of State Policy.7

Although a woman in India is awarded with the fundamental right of 'gender equality' and 'right

to life and liberty', ensuring dignified and equal status to that of a man under the Constitution of

India, the men oriented conspiracy has prevented the significant contributions of women from

2 Bag.R.K;”Domestic Violence And Crime Against Women : Criminal Justice Response In India”;vol.39, 1997;

p.359 3 Article 15 of Indian Constitution 4 Article 16 of Indian Constitution 5 Article 243D and 243T of Indian Constitution 6 Article 51 A(e) of Indian Constitution 7 Supra n. 2

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receiving due recognition. The women's liberation and progress certainly does not mean hatred

for the men. Nevertheless, in an era of emancipation, the struggle for perfect equality of sexes

continues. With the rise in awareness and emphasis upon the gender justice there is an increasing

endeavor to guard against the violation of these fundamental rights and strong resentment

towards harassment of women. If women are neglected, humanity is deprived of half of its

energy and creativity.8

The biological weakness of a woman particularly makes her an easily vulnerable victim of

tyranny at the hands of man, in addition to socioeconomic and educational factors. The women,

whose inferior status is established at the birth itself in view of female infanticide and sex

determination, are confronted with multi-dimensional problems at all stages of life which have

acquired growing importance in the society. Hence an integrated search of means and methods is

essential to prevent crimes, violence and atrocities against women.9

HISTORICAL INFORMATION

Indian women enjoyed an exalted position in ancient times and had a fair measure of equality in

all spheres of human activity including war and statecraft. This glorious status of women

suffered a socio-cultural setback in the medieval period, resulting gradually in loss of their

freedom and decline in their education. This eroded their personality and lowered their status. It

is during this period that many evils cropped up, e.g., purdah system,10 the practice of sati,11

child marriage, female infanticide, polygamy and exclusion of women from succession to

property.12

Social inhibition and discriminatory practices continued to exist during the British rule.

However, social reform movements of the nineteenth century aroused considerable awakening

against the prevailing social evils. With freedom movement coming into being, the social

8 Sankaran. Kamala;”Women And The Law”; Annual Survey of Indian Law; Vol. XL;2004; p.575 9 Ibid 10 A system under which a woman lived under veil 11 A practice whereby a woman immolated herself on the funeral pyre of her dead

husband 12 Vijayawargiy. Mukulita ;”National Commission For Women : Legal Framework”; Journal of the Indian Law

Institute; Vol. 34(1992);p.295-296

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scenario began to change. Eminent leaders of the movement believed in women's equality and

inspired womenfolk to get into the mainstream of national life along with men. The period of

British enslavement became, in fact, the era of social reform. Many women organisations, which

sprang up in the beginning of the current century, promoted women's cause through education,

employment, etc.13

CRIMES AGAINST WOMEN

A preliminary report in 1994 by the Special Reporter, Ms. Radhika Coomaraswamy, focused on

three areas of concern where women are particularly vulnerable:

1. in the family (including domestic violence, traditional practices, infanticide);

2. in the community (including rape, sexual assault, commercialized violence such

as trafficking in women, labor exploitation, female migrant workers etc.);

3. And by the State (including violence against women in detention as well as

violence against women in situations of armed conflict and against refugee

women).

In the Platform for Action adopted at the Beijing Conference, violence against women and the

human rights of women are 2 of the 12 critical areas of concern identified as the main obstacles

to the advancement of women.14

INCEST, RAPE AND DOMESTIC VIOLENCE

Some females fall prey to violence before they are born, when expectant parents abort their

unborn daughters, hoping for sons instead. In other societies, girls are subjected to such

traditional practices as circumcision, which leave them maimed and traumatized. In others, they

13 Ibid. 14 Available at <www.legalserviceindia> (Visited on 17th January 2017)

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are compelled to marry at an early age, before they are physically, mentally or emotionally

mature.15

Women are victims of incest, rape and domestic violence that often lead to trauma, physical

handicap or death. And rape is still being used as a weapon of war, a strategy used to subjugate

and terrify entire communities.

NATIONAL COMMISSION FOR WOMEN

In this context, though belated, the enactment of the National Commission for Women Act in

1990 is the first major step in the direction of women's development. The idea of establishing a

national commission for women is not new. The United Nations Commission on the Status of

Women in its Twenty-fifth Report had recommended to all member states the establishment of

national commissions or similar bodies "with a mandate to review, estimate and recommend

measures and priorities to ensure equality between men and women and the full integration of

women in all spheres of national life." Acting on this resolution and on the demands of several

women organisations, the Government of India set up a committee in 1971 known as the

Committee on the Status of Women,

(i) to evaluate the changes that had taken place in the status of women as a result of the

constitutional, legal and administrative measures adopted since Independence;

(ii) to examine the impact of the complex processes of social change on various sections

of women; and

(iii) To suggest measures to enable women to play their full and proper role in building

up the nation.

In 1974, the committee submitted a comprehensive report with a summary of its

recommendations on,

a. the socio-cultural setting of women's status;

b. women and the law;

15 Ibid.

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c. roles, rights and opportunities for economic participation;

d. educational development;

e. political status; and

f. Policies and Programmes for women's welfare and development.

In order to ensure the implementation of various measures, the committee recommended the

constitution of statutory, autonomous commissions at the Centre and in the states.36 It is

surprising that the government took sixteen years to give effect to the recommendation of the

committee for setting up a national commission.16

The Central Government has to consult the commission on all major policy matters affecting

women. The reports submitted by the commission to the government have to be laid before each

House of Parliament along with a memorandum by the government explaining the action taken

or proposed to be taken on the recommendations and the reasons, if any, for their non-

acceptance. A similar provision has been made for the states. The annual report of the

commission containing a full account of its activities during the preceding financial year has to

be sent to the Central Government. The government has to lay before each House of Parliament

the report together with a memorandum of action taken on the recommendations.17

JUDICIAL RESPONSE TOWARD PROTECTION OF WOMEN

The Indian Constitution, inter alia, seeks to protect the interest of women through fundamental

rights and directive principles of state policy. The founding fathers not only ensure equality

before law or equal protection of law within the territory of India under article 14 of the

Constitution but have incorporated a specific clause prohibiting the discrimination on the ground

inter alia of sex under article 15. Thus article 15 (1) of the Constitution provides that the state

shall not discriminate against any citizen on ground only of religion, race, caste, sex, place of

birth or any of them. Article 15 (3) gives special treatment to women namely "nothing in Article

15 shall prevent the state from making any special provision for women and children", and

thereby modifies the requirement laid down in clause (1) of article 15.

16 Supra n. 11 at 299-300 17 Id. at 300

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The Supreme Court in Government of A.P. vs. P B Vijay Kumar18 explains the object for

inserting clause 3 to article 15 observed:

The insertion of clause (3) of Article 15 in relation to women is recognition of the fact that for

centuries, women of this country have been socially and economically handicapped. As a result,

they are unable to participate in the socio-economic activity of the nation on a footing of

equality. It is in order to eliminate this socio-economic backwardness of women and to empower

them in a manner that would bring about effective equality between men and women that Article

15 (3) is placed in Article 15. Its object is to strengthen and improve the status of women.

Violence faced by women whether in public places, their homes or in the working environment,

is an aspect of Indian society that finds reflection in the cases coming before the courts. The

provisions of criminal laws that deal with specific gender-based violence such as rape, dowry

death and cruelty together with special laws such as the Protection of Women from Domestic

Violence Act, 2005 (PWDVA) or the provisions relating to sexual harassment at the workplace,

provide the framework to deal with such forms of violence against women.19

The Judiciary in India under its policy to achieve equality and social justice has been very active

to give effect to the rights of women. The role of Judiciary has been quite significant with respect

to women. The Indian Judiciary to a certain extent has shown the way in securing socio-

economic justice to women. An analysis of decided cases shows that there is a new trend in the

Judiciary to interpret laws so as to provide better protection to women in respect of their rights.

The creative thinking that is evident in cases like Kishori Mohanlal Bakshi v. Union of India20,

C.B. Muthamma v. Union of India21, Air India v. Nargesh Meerza, People’s Union for

Democratic Rights’ v. Union of India22, Randhir Singh v. Union of India23, are a good sign of

18 AIR 1995 SC 1648 19 Sankaran. Kamala;”Women And The Law”; Annual Survey of Indian Law; Vol. XLIV; 2008;p. 699 20 AIR 1962 SC 1139 21 AIR 1976 SC 1868 22 1982 Lab. IC 1646,1658 23 AIR 1982 SC 879,882

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judicial activism. The Supreme Court rightly maintained that women are the participants in the

mainstream and deserve equal treatment.

The present paper points on the legal Provisions and effective and efficient working of courts for

the Protection of the rights of Women in the Society through some landmark judgments.

1. Right to Equality

In the context of equality between men and women workers the Supreme Court in the case of Air

India v. Nargesh Mirza24 observed that Article 14 of the Constitution of India forbids hostile

discrimination and not reasonable classification and the Article 14 of the Constitution would be

involved where equals are treated differently without reasonable basis. In case the class or

categories of service are different in purpose and spirit, Article 14 would be attracted. Article 15

of the Constitution of India provides that the State would not discriminate on the basis of sex but

if the welfare state frames any special scheme which might be aimed at ensuring welfare the

women the same would be valid and in accordance with Article 15 of the Constitution of India.

In this context it was observed by the Supreme Court in case of Yusuf v. State of Bombay25that

if any general or Customary law discriminated between male and the female on the basis of some

rationale for such discrimination then it would be valid one but on the other hand if it was in the

favour of the male person only on the basis of sex it would contravene Article 15 of the

Constitution of India and hence held void. Similarly in case of Smt. Anjili Rai v. State of West

Bengal26, it was observed by the Calcutta High Court that the discrimination is forbidden Article

15 of the Constitution would be only that which might be solely on the ground of a person

belonging to a particular race or caste or a particular religion or place of birth or that of a sex of a

person but it would be possible to hold reasonable discrimination to be valid one under clause (3)

of Article as it would be obviously be an exception to clauses (1) and (2) of Article 15. The

Purpose of clause (3) of Article 15 was to authorize what was otherwise forbidden so its meaning

could be presumed that notwithstanding clauses (1) and (2) of Article 15 which prohibited

discrimination on the ground of sex, the State might discriminate against male by making

24 AIR 1981 SC 1829 25 AIR 1954 SC 321 26 AIR 1952 Cal. 825

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reasonable provisions in favour of female. Therefore the meaning of Article 15(3) of the

Constitution would be that a special provision in favour of women would be valid even if it

implied discrimination against women. In furtherance of the object of preventing discrimination

against women and the children it has been provided in Article 15(1) that equal opportunity shall

be provided to all citizens and Article 16(2) provides that the women shall not be discriminated

against or declared to be ineligible for any employment or on the ground of sex by the State.

2. Sexual Harassment at Work Place

A three judge bench of the Supreme Court in Vishaka and other v. State of Rajasthan and

others,27 of India made a significant contribution in evolving the code against sexual harassment.

While emphasizing the need to have guidelines the Supreme Court observed:

“The primary responsibility for ensuring such safety and dignity through suitable legislation, and

the creation of a mechanism for its enforcement is of the legislature and the executive. When,

however, instances of sexual harassment resulting in violation of fundamental rights of women

workers under Articles 14,19 and 21 are brought before us for redress under Article 32, an

effective redressal requires that some guidelines should be laid down for the protection of these

rights to fill the legislative vacuum.”

The aforesaid guidelines and norms must be strictly observed at all work places for the

preservation and enforcement of the right to gender equality of the working women. These

directions according to the court would be binding and enforceable in law until suitable

legislation is enacted to occupy the field.

The court added: “The obligation of this Court under Article 32 of the Constitution for the

enforcement of these fundamental rights in the absence of legislation must be viewed along with

the role of the judiciary envisaged is the Beijing Statement of Principles of the Independence of

the Judiciary in the LAW ASIA region.”

27 AIR 1997 SC 3011

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3. Trafficking of women

The growing violence against women is visible in the increased reports of cases of women being

trafficked for immoral purposes. In State of Maharashtra vs. Mohd. Sajid Husain28,The

Supreme Court examined a petition for anticipatory bail granted to the accused under the

Immoral Traffic (Prevention) Act, 1956 for forcing a minor girl into prostitution.29 The accused,

consisting of police officers, politicians and a business man, were charged with involving a

minor girl in a prostitution racket. Several of the accused, including the police officers absconded

and it was stated that their whereabouts were not known. Taking a stern view of policemen being

charged with trafficking, the Supreme Court cancelled the anticipatory bail given by the high

court to the accused.

4. Maternity Benefit

The judgment in Municipal Corporation of Delhi v. Female Workers30 has far reaching

consequences. This is a beneficial piece of judgment which will cover a large number of

women workers who were till date refused maternity benefit because of the casual and

temporary nature of service. In, Bharati Gupta (Mrs) v. Rail India Technical and Economical

Services Ltd31, The court explained the provisions of the Maternity Benefit Act, Sections 4 and 5

of the Act obligate every employer of an establishment to extend maternity benefits under the

Act, including leave/pay and maternity bonus. Section 12 mandates that no one can be

dismissed on account of pregnancy and section 27 specifically provides that the provisions of

the Act would have an overriding effect.

28 AIR 2008 SC 155 29 AIR 2008 SC 155 30 AIR 2000 SC 1275 31 2005 LLR 1108

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LEGAL PROVISIONS TO PROTECT THE RIGHTS OF A WOMAN

A. Constitutional Rights to Women:

The rights available to woman (ladies) in India can be classified into two categories, namely as

constitutional rights and legal rights. The constitutional rights are those which are provided in the

various provisions of the constitution. The legal rights, on the other hand, are those which are

provided in the various laws (acts) of the Parliament and the State Legislatures.

The rights and safeguards enshrined in the constitution for women in India are as follows:

1. The state shall not discriminate against any citizen of India on the ground of sex [Article

15(1)].

2. The state is empowered to make any special provision for women. In other words,

this provision enables the state to make affirmative discrimination in favour of women

[Article 15(3)].

3. No citizen shall be discriminated against or be ineligible for any employment or office

under the state on the ground of sex [Article 16(2)].

4. Traffic in human beings and forced labour are prohibited [Article 23(1)].

5. The state to secure for men and women equally the right to an adequate means of

livelihood [Article 39(a)].

6. The state to secure equal pay for equal work for both Indian men and women [Article

39(d)].

7. The state is required to ensure that the health and strength of women workers are not

abused and that they are not forced by economic necessity to enter avocations unsuited to

their strength [Article 39(e)].

8. The state shall make provision for securing just and humane conditions of work and

maternity relief [Article 42].

9. It shall be the duty of every citizen of India to renounce practices derogatory to the

dignity of women [Article 51-A(e)].

10. One-third of the total number of seats to be filled by direct election in every Panchayat

shall be reserved for women [Article 243-D(3)].

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11. One-third of the total number of offices of chairpersons in the Panchayats at each level

shall be reserved for women [Article 243-D(4)].

12. One-third of the total number of seats to be filled by direct election in every

Municipality shall be reserved for women [Article 243-T(3)].

13. The offices of chairpersons in the Municipalities shall be reserved for women in such

manner as the State Legislature may provide [Article 243-T(4)].

Legal Rights to Women:

The following various legislations contain several rights and safeguards for women:

1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation

to protect women in India from all forms of domestic violence. It also covers women who

have been/are in a relationship with the abuser and are subjected to violence of any

kind—physical, sexual, mental, verbal or emotional.

2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention

of trafficking for commercial sexual exploitation. In other words, it prevents trafficking

in women and girls for the purpose of prostitution as an organised means of living.

3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent

representation of women through advertisements or in publications, writings, paintings,

figures or in any other manner.

4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention

of the commission of sati and its glorification on women.

5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any

time after the marriage from women.

6. Maternity Benefit Act (1961) regulates the employment of women in certain

establishments for certain period before and after child-birth and provides for maternity

benefit and certain other benefits.

7. Medical Termination of Pregnancy Act (1971) provides for the termination of

certain pregnancies by registered medical practitioners on humanitarian and medical

grounds.

http://ncw.nic.in/acts/TheProtectionofWomenfromDomesticViolenceAct2005.pdf

http://www.hyderabadpolice.gov.in/acts/immoraltraffic.pdf

http://ncw.nic.in/acts/TheIndecentRepresentationofWomenProhibitionAct1986.pdf

http://ncw.nic.in/acts/TheCommissionofSatiPreventionAct1987-of1988.pdf

http://ncw.nic.in/acts/THEDOWRYPROHIBITIONACT1961.pdf

http://tcw.nic.in/Acts/MTP-Act-1971.pdf

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8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)

Act (1994) prohibits sex selection before or after conception and prevents the misuse of

pre-natal diagnostic techniques for sex determination leading to female foeticide.

9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both

men and women workers for same work or work of a similar nature. It also prevents

discrimination on the ground of sex, against women in recruitment and service

conditions.

10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek

the dissolution of her marriage.

11. Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of

Muslim women who have been divorced by or have obtained divorce from their

husbands.

12. Family Courts Act (1984) provides for the establishment of Family Courts for

speedy settlement of family disputes.

13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry

death, rape, kidnapping, cruelty and other offences.

14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of

a person to maintain his wife, arrest of woman by female police and so on.

15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and

divorce among the Christian community.

16. Legal Services Authorities Act (1987) provides for free legal services to Indian women.

17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain

specified grounds. It provided equal rights to Indian man and woman in respect of

marriage and divorce.

18. Hindu Succession Act (1956) recognizes the right of women to inherit parental

property equally with men.

19. Minimum Wages Act (1948) does not allow discrimination between male and female

workers or different minimum wages for them.

20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between

7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.

21. The following other legislation’s also contain certain rights and safeguards for women:

http://www.ncpcr.gov.in/view_file.php?fid=434

http://www.ncpcr.gov.in/view_file.php?fid=434

http://chdslsa.gov.in/right_menu/act/pdf/muslim.pdf

http://admis.hp.nic.in/himpol/Citizen/LawLib/c177.htm

http://ncw.nic.in/acts/THEINDIANPENALCODE1860.pdf

http://ncw.nic.in/acts/TheIndianChristianMarriageAct1872-15of1872.pdf

http://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf

http://admis.hp.nic.in/himpol/Citizen/LawLib/C129.HTM

http://ncw.nic.in/acts/TheMinesAct1952.pdf

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1. Employees’ State Insurance Act (1948)

2. Plantation Labour Act (1951)

3. Bonded Labour System (Abolition) Act (1976)

4. Legal Practitioners (Women) Act (1923)

5. Indian Succession Act (1925)

6. Indian Divorce Act (1869)

7. Parsi Marriage and Divorce Act (1936)

8. Special Marriage Act (1954)

9. Foreign Marriage Act (1969)

10. Indian Evidence Act (1872)

11. Hindu Adoptions and Maintenance Act (1956).

22. National Commission for Women Act (1990) provided for the establishment of a

National Commission for Women to study and monitor all matters relating to the

constitutional and legal rights and safeguards of women.

23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act (2013) provides protection to women from sexual harassment at all workplaces both

in public and private sector, whether organised or unorganised.

WOMAN EMPOWERMENT: INTERNATIONAL COMMITMENTS OF INDIA AS TO

WOMEN EMPOWERMENT

India is a part to various International conventions and treaties which are committed to secure

equal rights of women. One of the most important among them is the Convention on Elimination

of All Forms of Discrimination against Women (CEDAW), ratified by India in 1993.32

Other important International instruments for women empowerment are: The Mexico Plan of

Action (1975), the Nairobi Forward Looking Strategies (1985), the Beijing Declaration as well

as the Platform for Action (1995) and the Outcome Document adopted by the UNGA Session on

Gender Equality and Development & Peace for the 21st century, titled “Further actions and

32 Available at <www.indiacelebrating.> (visited on 17th January 2017)

http://www.esic.nic.in/Tender/ESIAct1948Amendedupto010610.pdf

http://teaboard.gov.in/pdf/policy/Plantations%20Labour%20Act_amended.pdf

http://ncw.nic.in/Acts/THEINDIANEVIDENCEACT1872.pdf

http://www.ncw.nic.in/PDFFiles/ncwact.pdf

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initiatives to implement the Beijing Declaration and the Platform for Action”. All these have

been enthusiastically sanctioned by India for appropriate follow up.33

In spite of these various laws and policies, national and International commitments, the condition

and situation of women have still not improved satisfactorily. Various problems related to

women are still subsisting; female infanticide is growing, dowry is still prevalent, domestic

violence against women is practised; sexual harassment at workplace and other heinous sex

crimes against women are on the rise.

Though, economic and social condition of women has improved in a significant way but the

change is especially visible only in metro cities or in urban areas; the situation is not much

improved in semi-urban areas and villages. This disparity is due to lack of education and job

opportunities and negative mind set of the society which does not approve girls’ education even

in 21st century.34

CONCLUSION

As Pt. Jawaharlal Neharu said “You can tell the condition of a nation by looking at the status of

its women”, it is very true because when a woman is given equal status, equal respect and equal

opportunities in the Country then only a Nation can be said a developed Nation. But

unfortunately the situation and position of a woman in India is not so. Their position and

condition is very pathetic. They face many problems and crimes like rape, molestation, human

trafficking, kidnapping, domestic violence, sexual harassment, etc. against them, though many

legal provisions like Protection of Women from Domestic Violence Act (2005),Immoral Traffic

(Prevention) Act (1956), Dowry Prohibition Act (1961), Sexual Harassment of Women at

Workplace (Prevention, Prohibition and Redressal) Act (2013) are made to protect the rights of

the women but still their condition is not much improved. All these provisions are made for them

but how much they are effectively implemented there is no check on it. Today even in 21st

century women in India are not allowed to live their life freely according to their wish as men

33 Ibid. 34 Ibid.

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live. In this man dominating society women are exploited in every field. Our judiciary has played

a tremendous role in protecting the rights of women and to give them equal status and respect in

the society and that can be seen in many landmark judgments discussed in this paper. But only

judiciary can’t achieve the goal that our founder of the Constitution had aimed, we all the people

of the society need to bring the change by changing our mentality and thoughts.

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