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Home , Najma Heptulla, Padmaja Naidu, Vijaya Lakshmi Pandit

ISSN 0970-8669 Odisha Review

Empowerment of Women in

Dilip Kumar Chhotaray

“Kashmir to Kanyakumari India is one” is Dharma as per four Vedas, namely Rigveda, the established philosophy of Unity in Samaveda, Yajurveda and Atharvaveda. diversity. Mythological Era: A line of an important Shloka Ancient Indian culture: The primitive Indian “yaa devi sarva bhooteshu shakti roopena culture eloquently illuminates about respect to sansthitaa” reminds us to believe Devi is Shakti. women. The woman is considered as the epitome In other words, Goddess is the centre of power, of Love, Affection, Sacrifice, Strength and wealth, knowledge and victory etc. We worship Inspiration. According to Manusmriti, it says, Devi Parvati, Mahalaxmi, Saraswati, Kali, Durga etc. Parvati for Shiva, Lakshmi for Vishnu, and “Yatra naaryastu puujyante ramante tatra devataah| Saraswati for Brahma are believed as strength Yatraitaastu na puujyante sarvaastatraaphalaah kriyaah||” and power of their male counterpart. The devoted The above verse echoed the message that wife Savitri was so powerful that she could be in a society where the women are respected with able to get back her husband after his death. The honour and their desire is accomplished, the grace holy rivers, Ganga, Yamuna, Saraswati, Narmada, of God is blessed to the family and the society as Sindhu, Kaveri etc. are respected at par with a whole. On the contrary, where the women are “mother” called “Ganga Maata” and so on. Earth perpetrated with unfairness and repression, ill- is termed as Matrubhumi as it is embodied with treatment, then all the acts and deeds are shrouded tolerance. The Nature (Prakruti) is composed of with sins and all efforts become fruitless. The three elements such as ‘Rajas’(Creation), ’Sattva’ blessing of God is declined. Thus from the ancient (Preservation) and Tamas (Destruction). So, the Indian culture, women are given a place of high nature is considered in feminine existence. Nature respect in the Society. They were enjoying equal is also considered as mother being gift of God. status and rights with men. They were educated and allowed to be married on attaining the age of It is axiomatic that the feminine attributes maturity and they were also at liberty to select of woman being the source of power and strength their husband by Swaymber system. is seen to have been absorbed with the goddess, rivers, earth and nature etc. The corollary is that The Close connection of woman has the womanhood is an indicator on the source of accorded the status of divine revelation in Hindu power in a living civil society. India is adorned

64 April - 2017 Odisha Review ISSN 0970-8669 with symbolic icon of Bharat Mata which is Woman has various entities. The generosity of the respected by all Indians. It conveys the message woman is visible as a mother, wife, daughter and to the nation as a whole to honour the women Sister. The magnanimity of the woman in self with purity. Thus empowerment of women is sacrifice is immutable. longstanding desire prevailing since Vedic period Women in Indian Freedom Fight: The till date. contribution of many women freedom fighters is Harriet Beecher Stowe, a female author, written in golden letters in the annals of Indian novelist, social activist and philanthropist who is history of freedom fight. Some of them are Rani popularly known for her antislavery novel Uncle Lakshmibai, , Sarojini Tom's Cabin has said "Women are the real Naidu, Kasturba Gandhi, Sucheta Kripalani, architects of society." Durga Bai Deshmukh, Begum Hazrat Mahal, Guru Nanak, the founder of Sikhism has said Annie Besant, Madam Bhikaiji Cama, Kamala thus; Nehru, Aruna , , Savitribai Phulte,, , Veera "Man takes birth from woman. Within woman Mangai Velunachiyar, Sister Nivedita, Mirra does the creature’s body grow. To a woman does Alfassa known as The Mother, Meera Ben and a man get engaged and married. Through her are Sarala Ben etc. established blood relations. The cycle of births in this world is sustained by women.------. A woman : Equality and equal is born only from another woman (and never from treatment to all irrespective of caste, creed & a man). None in this Universe can take birth religion is the profound objectives of fundamental without a woman.-----." rights enshrined in Constitution of India. The serenity of the grant is sacrosanct. Women are Mahatma Gandhi [To the Women of India given equal rights, opportunities in the matter of (Young India, Oct. 4, 1930)] - has said as follows; employment at par with the men, adequate means “To call woman the weaker sex is a libel; it is of livelihood, equal pay for equal work, humane man's injustice to woman. If by strength is meant conditions of work and maternity relief, to brute strength, then, indeed, is woman less brute renounce practices derogatory to the dignity of than man. If by strength is meant moral power, women, one third Reservation of seats for women then woman is immeasurably man's superior. Has in three tier Panchayatiraj systems and local urban she not greater intuition, is she not more self- body elections. Human Trafficking and child sacrificing, has she not greater powers of labour are also prohibited. In spite of the rights endurance, has she not greater courage? Without and safeguards flown from the Constitution, still her, man could not be. If nonviolence is the law large numbers of women are not aware of their of our being, the future is with woman. Who can rights and duties because of illiteracy. make a more effective appeal to the heart than Political Empowerment: In the Indian political woman?" scenario, Vijaya Lakshmi Pandit was elected in Justice Altamas Kabir, the then Chief the year 1937 to the provincial legislature of the Justice of India said that "A nation which cannot United Provinces and became first Indian woman ensure respect for its women can never prosper.” to hold a cabinet post as Minister of local self-

April - 2017 65 ISSN 0970-8669 Odisha Review government and public health. She was the That apart, many women have also woman President of the UN General Assembly occupied the post of in the past. They and has also held the post of Governor of are Prabha Rao, Prativa Patil, Margaret Alva, . otherwise known as Kamla Beniwal, Sharda Mukherjee, Rama Devi, ‘Nightingale of India’ was the first woman to Justice Fatima Beevi(first woman judge of the become the Governor of an Indian State. The Supreme Court), Sheila Dikshit, Rama Dulari Country is proud of being a woman Prime Sinha, Jothi Venkatachalam, Sheila Kaul, Urmila Minister Late Indira Gandhi, Woman President Singh, Padmaja Naidu, Sarla Grewal(IAS Mrs. Prativa Devisingh Patil, Woman Speaker of officer), Kumud Ben Manishankar Joshi, namely Mrs. Meira Kumar and Chandrawati, Rajendra Kumari Bajapai, Rajani present Speaker Mrs. Sumitra Mahajan. That Rai. Presently, -Goa, Draupadi apart, India has witnessed sixteen Women Chief Murmu-Jharkhand and Najma Heptulla- Ministers namely Sucheta Kripalini and Mayabati are also occupying the post of Governor. (Uttar Pradesh), Janaki Ramachandran and Jaya Lalita(Tamil Nadu), and Shila Women Participation in Panchayatiraj and Dixit(Delhi), Nandini Satapathy (Odisha), Urban Local Bodies: As per 73rd Amendment Shashikala Kakodkar (Goa), Syeda Anwara of Constitution of India in the year, 1992, the Taimur (Assam), Rajinder Kaur Bhattal (Punjab), process of reservation of 33 per cent seats for Rabri Devi (Bihar), Uma Bharati (Madhya women was opened in Three Tire Panchayatiraj Pradesh), Mamata Banarjee (), System and Urban Local Bodies. In Odisha, large Scindia (), Anandiben numbers of women have occupied the chair in Patel () and Mehebooba Mufti (Jammu Panchayati Raj institutions. & Kashmir). Shortfalls in Political Empowerment: Despite That apart, there are innumerable women spectacular representation of women in the Indian leaders in the political scenario of India who have political scenario from the pre-Independence era played major role in Indian politics and occupied till date, there seems to be inadequate the post of Cabinet/State Ministers. At present, representation of women in the Parliament and Union Cabinet Ministers are Sushma Swaraj, State Legislative Assemblies. It is apt to mention External Affairs of India, , Water here that reservation of seats in Lok Sabha and Resources, , Textiles, , State Legislative Assemblies for Scheduled Women & Child Development, Harsimrat Kaur Castes and Scheduled Tribes commensurating Badal, Food Processing, , their proportionate population ratio is provided Minister of State, Commerce and Industry, in the Constitution of India but women from such Finance, Corporate Affairs (Independent Charge). caste are seldom selected as a candidate to contest Ambika Soni, Vijayaraje Scindia, the Rajmata of in the election. Similarly, Constitution (108th Gwalior, Agatha Sangma, Supriya Sule etc. Sonia Amendment) Bill, 2008 seeking to reserve one- Gandhi, being the Member of Parliament held the third of total seats for women in the Lok Sabha post of Leader of Opposition. She is the President and the State Legislative Assemblies introduced of the Party. Najma A. during the regime of UPA Government could not Heptulla held the post of Deputy Chairperson in be passed due to sheer political will on account . of divergent views of many political parties despite

66 April - 2017 Odisha Review ISSN 0970-8669 their laudable voice for enhancing the modalities organised their community group to protect forest for woman empowerment. Until the said Bill is growth to maintain ecological balances. In the reflected in to action thereby giving adequate wake of crawling effect of crime against women, representation of women in the Lok Sabha and the general awareness of women to accept training the State Legislative Assemblies, there cannot be on self defence is rapidly increasing. From the true women empowerment in the political scenario above, it is conspicuously seen that women are of India in its letter and spirit. kin to establish their sense of identity, leadership As regards, representation of women in quality, autonomy and self confidence to meet any Three Tire Panchayatiraj System, illiteracy of challenge in the society. Longstanding traditions elected women representative (may be she is a prohibiting equal rights to worship for women and Sarapanch or a member of Panchayat Samiti or preventing them from entering into Temples/ Zilla Parishad) plays a major factor of disability. Mosques have been stopped by intervention of Their independence to work in free and fair manner the Supreme Court. Women are now allowed their to upkeep their commitment to the people is access to the sanctum like men in Sabarimala hijacked by their male counterpart who may be Temple in Kerala, Shani Shignapur Temple and her husband, brother, father etc. on account of Haji Ali Dargaah in Maharashtra. male chauvinism. Many educated and talented Economic Empowerment of Women: Majority women being afraid of muscle power, money of rural women suffers from illiteracy and power and criminalisation in politics are afraid of unemployment. In order to promote economic their security as a result of which the basic idea of empowerment of women, Government have giving power to people through qualitative introduced several programmes and schemes for leadership is at stake. poverty alleviation. The Central Sector Scheme Social Empowerment: Once upon a time, the called Support to Training & Employment profession which was considered as male Programme for Women (STEP) aims to upgrade dominated profession has now been shared by skill of women in the lower strata of life and women. Many women have now accepted“the provide employment to asset less women on profession of their choice such as doctors, sustainable basis. Scheme for engineers, lawyers, Judges, scientists, bankers, Empowerment of Adolescent Girls (RGSEAG), pilots, transport drivers, song and music, dance, Sabla Scheme is implemented through State sports and games, entrepreneurs and in Civil Government to enhance self-development and Services. But their representation commensurating empowerment, nutrition and health status etc. of the women population ratio in the country is very adolescent girls. Central and State Social Welfare negligible. The adverse effect of Poverty, gender Board (CSWB) are constituted to address the inequalities, Illiteracy, inadequate medical facilities socio-economic needs of the women and children. and lack of adequate safety measure are the major National Rural Livelihood Mission is launched to chunk of obstacle in the development of social enable women to access micro credit and micro empowerment of women. The organised women finance facilities to secure self employment have raised their voice to shot down liquor shops, opportunities and strengthen their livelihood. The prevent Child marriage and create awareness on institution of Rashtriya Mahila Kosh (RMK) is a AIDS and HIVs. In many areas, women have National Credit Fund for Women which

April - 2017 67 ISSN 0970-8669 Odisha Review ameliorate the income generating activities at places that unskilled manual work is substituted concessional terms by providing micro-credit by sophisticated tools and machineries and facilities to poor women. payment of wages are shown artificially in records Pradhan Mantri Mudra Yojana (PMMY) is a with the knowledge of implementing agencies. newly created institution declared by the Finance Many women job seekers finding no employment Minister during presentation of Union Budget for at their doorstep become the prey on the hands the Financial Year- 2016. It caters to meet the of Inter-State labour brokers on the false promise borrowing needs of non-corporate small business of lucrative payment of wages in order to units of the country. It is comprised of three types assimilate their hunger. They are forced to work of financial assistance provided under as domestic servant or trafficked for immoral the“following heads; Shishu Loan up to purposes. Thus the economic independence of Rs.50,000, Kishore Loan ranging from Rs.50,000 women is shattered to certain extent. to Rs.5 lakh and Tarun Loan above Rs.5 lakh National Commission for Women is a and below Rs.10 lakh. statutory body which has been functioning since Conditional Maternity Benefit (CMB): The 1992. That apart, State Commission for women pregnant and lactating women are constrained to are also constituted to take care of the women. incur wage loss. In order to compensate wage The basic objective of the Commission is to assure loss incurred by pregnant and lactating women, the women to exercise their constitutional and Conditional Maternity Benefit (CMB) scheme legal safeguards afforded to them. The promoted under Indira Gandhi Matritva Sahyog Commission recommends remedial legislative Yojana (IGMSY) is introduced to provide cash measures to Government for the upliftment of incentives of Rs.4000/- under instalments subject women. It has the power to advise the to fulfilment of certain conditions. Janani Suraksha Government in matter of policy affecting women. Yojana (JSY) provides another one-time cash Though the Commission is the creature of National incentive to pregnant women and both the Commission for Women Act, 1990, it lacks its schemes are mutually coextensive. Mahatma autonomy. Sometimes, it is criticised that the Gandhi National Rural Employment Guarantee composition of the Commission in the matter of Act (MGNREGA) assures the guarantee of appointment of members are backed by political employment in a financial year for one hundred consideration by party in power. The Commission days to rural household who volunteer to do has no independent power to investigate any crime unskilled manual work. The Act prohibits gender against women and punish the culprit. While the inequalities by making provision for equal wages woman feels the Commission is ineffective to to men and women. afford desired relief, the man in her counterpart In spite of the vigorous steps to enrich equally feels unsecured to get justice from the economical growth of women there appears some alleged shelter of falsehood of woman. In order inquisitive deficiencies in its implementation. For to afford complete relief to the parties, the an example, MGNREGA prohibits use of tools Commission for Women needs more and machineries to give guarantee of employment power.“Women and Civil Law: Women’s right to unskilled manual labourer but it is seen in many are recognised as human rights.

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Hindu Succession, 1956- By Hindu Succession marriage has received serious criticism. In various (Amendment Act), 2005, daughters in a joint Muslim countries like Algeria, Cyprus, Egypt, Hindu family, governed by Mitakshara law, Indonesia, Iran, Iraq, Malaysia, Morocco, Syria, daughter is granted the statutory right in her father’s Turkey, Tunisia and the neighbouring and unpartible property equally with men on and from Bangladesh etc., developing a reformatory 09.09.2005 when the amendment came in to approach have banned Triple talaq, or instant force. The Hon’ble Supreme Court in the case of divorce. Justice Hidayatullah has said that “If the Prakash & Ors. vs. Phulavati & Ors decided on lead is coming from Muslim countries, it is hoped 16.10.2015 has held that amendment is that in the course of time the same measures will prospective in nature and the benefit is available be applied in India also.” to the daughter if both the father and the daughter Desirability of Uniform Code of Marriage: were alive on 09.09.2005. Constitutional Bench judgement in the case of Hindu Marriage Act, 1956- It has prohibited Mohd. Ahmed Khan vs. Shah Bano Begum and monogamous marriage and fixed the marriageable Ors. [AIR 1985 SC-945] has observed as age of bridegroom as 21 years and the bride as follows; 18 years. Dissolution of marriage by divorce is “A common Civil Code will help the cause of restricted to fulfilment of certain grounds. national integration by removing disparate loyalties Muslim Personal Law: In contradistinction to to laws which have conflicting ideologies. No Hindu Marriage Act, Muslim Personal Law community is likely to bell the cat by making allowing polygamous marriage, dissolution of gratuitous concessions on this issue.------.We marriage by three utterances of Talaq, payment understand the difficulties involved in bringing of meagre maintenance to divorced Muslim persons of different faiths and “persuasions on a women is now under hot discussion being grossly common platform but, a beginning has to be made injurious to the human rights of the married if the Constitution is to have any meaning.” Muslim women. The Supreme Court of India in In Sarla Mudgal, President, Kalyani v. Union of Khursheed Ahmad Khan vs. State of U.P. & Ors.- India [AIR 1995 SC 1531], the Apex Court has 2015(I) CLR-(SC) 659 decided on 09.02.2015 observed as follows; has confirmed the penalty of removal of Khursheed Ahmad Khan on the ground of “The desirability of uniform code can hardly be entering second marriage during existence of the doubted. But it can concretize only when social first marriage without permission of the climate is properly built up by elite of the society, Government as required under Conduct Rules. It statesmen amongst leaders who instead of gaining is further held that "Polygamy was not an integral personal mileage rise above and awaken the or fundamental part of the Muslim religion and masses to accept the change. Therefore, a unified monogamy was a reform within the power of the code is imperative both for protection of the State under Article 25.” As regards, Talaq oppressed and promotion of national unity and conveyed three times by words, letters, telephone, solidarity. But the first step should be to rationalize short message through mobile or posting in social the Personal Law of the minorities to develop platform and even by Skype for dissolution of religious and cultural amity”

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Recently, the Kerala High Court in the remarks, showing pornography or any other case of Nazeer @ Oyoor Nazeer vs. Shemeema unwelcome physical, verbal or non-verbal decided on 16.12.2016 in WP(C).No.37436 of conduct of sexual nature. 2003 (F) has held thus; “Justice has become Safety measures for working women: In the elusive for Muslim not because changed Indian scenario of economic of the religion they profess, but on account of lack empowerment of women, many educated girls of legal formalism resulting in immunity from law. have accepted jobs in Government,“National/ Law required to be aligned with justice. The multinational I.T. Companies, Business Process search for solution to this predicament lies in the Outsourcing (BPOs), Call Centres, Corporate hands of the law makers.” In order to maintain and Media houses, Industries and factories, the dignity of Muslim women and prevent them Business Establishments and Malls etc. They from discrimination on account of gender usually return home in late night or used to work inequalities, the time has ripened for law makers in night shift. The barbaric Nirvaya crime in Delhi to legislate Common Civil Code for the citizen of has kicked to the backbone of safety in the India irrespective of caste, creed and religion. Country. Anti-social elements pinpoint their Prohibition of Child Marriage Act,2006- Child sacrilegious target on women travelling in night Marriage Restraint Act 1929 was a social reform and as such women are vulnerable to crime by movement in India. The old law did not meet the the criminals. Delhi Police and Karnataka State growing tendencies of the parties to such child have taken policy measures to drop women marriage. The far reaching consequence of child employees at homes after 8 PM. The Delhi Police marriage not only increases infant mortality but it has directed to all employers to maintain database has the effect on health risk and the child becomes of all the employees, security personnel, cab the prey of domestic violence and sexual drivers and contractual workers working with the exploitation etc. In order to ensure eradication of women employee. Antecedents of cab driver, child marriage, the old Statute Child Marriage security guard should be scrupulously verified. Restraint Act 1929 is replaced by Prohibition of Women employees are not made to travel alone Child Marriage Act, 2006. According to the new with the cab driver. The driver should not be legislation, marriage between bridegroom below allowed to choose the route of the women 21 years of age and the bride below 18 years of employee as first pickup or last drop. The drivers age is prohibited. Child marriage in contravention of night hours cab shall wait at the doorstep on drop of the women till she informs over phone by of law is made punishable. call or SMS about her safe arrival /reaching at Sexual Harassment of Women at Workplace her place of residence. The Karnataka (Prevention, Prohibition and Redressal) Act, Government has issued guidelines by amending 2013- This is an Act which provides protection their Shops and Commercial Establishment Act against sexual harassment of women at workplace where in adequate security measures are and for the prevention and redressal of complaints enumerated for the safety of working women. The of sexual harassment. Sexual harassment is also cabs shall be conditioned to GPS facilities. This defined in the Act which covers physical contact, is high time for our State to legislate law for safety request for sexual favours, sexually coloured of working women.

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Equal Remuneration Act (1976)- It postulates giving and taking of dowry at or before or any for payment of equal remuneration to both men time after the marriage is considered as a social and women workers for same work or work of a evil and made punitive in law. similar nature. The Protection of Women from Domestic Women and Criminal Law: The crime against Violence Act, 2005- An Act to provide for more women is rapidly increasing in spite of stringent effective protection of the rights of women penal law existing in our Country. Violence against guaranteed under the Constitution who are victims woman may be in form of rape, molestation, of violence of any kind occurring within the family outraging the modesty, sexual harassment in and for matters connected or incidental to workplace, sexual abuse of child, cruelty/torture, Domestic Violence. The Act provides Residence dowry demand, dowry death which are alarmingly orders, Custody orders, Compensation orders increasing day by day. Eve teasing by road and monetary reliefs etc. to the women suffering Romeos, obscene and indecent behaviour by from domestic violence. gesture or phone calls or SMS, Acid Attack are stirring their life everyday. The sense of insecurity Immoral Traffic (Prevention) Act 1956(ITP is predominantly playing in the mind of the woman Act)- Article 23 of the Constitution prohibits and their right to move freely in a civilized society trafficking in human being and forced labour etc. is at peril. Return home after the day’s work Sexual exploitation or abuse of women/girl for stands as a question of horror. Inside the home commercial purposes is not only prohibited but the woman is also not free from domestic violence. made penal under the ITP Act,1956. At present, no place is safe for them including the The Indecent Representation of Women mother’s womb because of incidence of (Prohibition) Act, 1986- The Act prohibits innumerable female foeticide. Female babies are indecent representation of women by way of killed before they see the light of the day and their advertisements, publication or sending by post of corpus delicts are thrown on the streets and books, pamphlets, etc. For contravention of the dumping yards where wild animal gets pleasure provisions, imprisonment may extend to two years for their appetite. In the back drop of social and with fine which may extend to two thousand malady and in order to curb the menace, stringent laws are enacted by the Parliament. Some of them rupees. are illustrated as follows; Pre-Natal Diagnostic Techniques Indian Penal Code, 1860- It contains provision (Regulation and Prevention of Misuse) Act, for Dowry death, (Section-304-B), Abetment of 1994- The Act prohibits sex selection before or suicide, Acid attack, outraging the modesty of after conception and prevents the misuse of pre- woman, Sexual harassment, Voyeurism, Causing natal diagnostic techniques for sex determination miscarriage, Importation/transportation of girls for leading to female feticide. sexual“exploitation, Kidnapping & abduction of women, rape, Cruelty by husband or his relatives etc. Chhotaray, Deputy Director, Public The Dowry Prohibition Act, 1961- Demand for Prosecutions (Rtd.) Law Officer, Commissionerate of dowry by means any property or valuable security, Police, Bhubaneswar -Cuttack.

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