Skip to main content

Women’s rights in the context of legal safeguards and affirmative action in India

By IMPRI Team 
The three-day immersive online legal awareness and certificate training programme on “Women’s Rights, Laws and Policies in India”, organised by IMPRI Gender Impact Studies Center (GISC), IMPRI Impact and Policy Research Institute, New Delhi took place on September 1, 2022 to September 3, 2022. The event was chaired by Prof Vibhuti Patel. Inaugurating the session Ms Tripta Behera, a researcher at IMPRI, welcomed the speakers and participants to the program with an introduction to the eminent panellists.
Commencing the program, the chair for the session, Prof Vibhuti Patel gave a brief about the legal safeguards and affirmative actions for women in the Indian state based on two routes, Judicial and Legislative route, through which India has asserted women’s rights. Further adding to it, she talked about India’s role in shaping the national and international policies for women’s rights and how the Indian parliament adopted the Women Empowerment policy in 2001 and committed to Millennium Development Goals and Sustainable Development Goals backed by women’s rights.

Day 1 | September 1, 2022

Day 1 of the programme included expert trainers including Prof Saumya Uma, Professor, Jindal Global Law School and Director, Centre for Women’s Rights (JGLS), Adv Sanchita Ain, Advocate-on-Record, Supreme Court of India, and Prof Vishal Narain, Professor, Management Development Institute (MDI), Gurgaon. Prof Uma based her talk on Indian Women’s Movements as a way of resistance to subordination, with the whole history divided into 4 distinct phases: the Social Reform Movement (1800s- early 1900s), the Nationalist Movement (early 1900s – 1947), post-Independence era (1947 – 1977) and Post Emergency/Contemporary period (1977 – present). She talked about how women’s participation in social movements has increased over time.
She pointed out the fact that the initial fight for women’s rights was initiated by men but with time women came to the forefront to fight for their own rights. All in all, she emphasised the indispensable role of the women’s movements in the formulation of laws, policies and institutional reforms to promote equality and inclusiveness. After this, Adv Sanchita Ain shared the presentation on ‘The Rights of Survivors of Sexual Violence under Criminal Law’. She explained, in detail the process, the procedures and the provisions that the women are entitled to but are generally unaware of. She emphasised the importance of counselling after situations of sexual assault/violence as the victim needs psychological, medical and legal support.
She went further to explain the rights and process while undergoing examination, filing the FIR, the investigation procedure and the compensation for the victim. This was an enlightening session that made women aware of their rights and gave them a new perspective on thinking the way they are conditioned by society. The comprehensive presentation by Prof Vishal Narain focused on gender relations in the context of Natural Resource Management with emphasis on water management in which he has done extensive research. He started off by explaining the difference between gender and sex and how gender is a social construct defined by the norms of State law, religion and social practices.
He further explained the different relationships that men and women have with natural resources based on these norms which need to be changed. He also brought light to the dimension of intersectionality between gender and caste and how it changes access to resources. He observed that gender norms are more fluid in the low-class groups than in the high-class groups. This subtle link between gender and natural resource management was very well brought up and explained by Prof Narain.

Day 2 | September 2, 2022

Day 2 of the program included eminent panellists Adv Dr Albertina Almeida, Lawyer and Human Rights Activist, Goa; Dr Amar Jesani, Independent Researcher and Teacher (Bioethics and Public Health), Editor, Indian Journal of Medical Ethics, and Adv Dr Shalu Nigam, Advocate, Author, and Researcher, Gender and Human Rights. Starting with the session, Prof Vibhuti Patel gave a brief recap of the topics covered during the seminars on Day 1. She also provided an overview of the topics to be discussed on Day 2 of the workshop. Dr Albertina elaborated on how we should understand and use laws pertaining to sexual harassment in the workplace.
She started by explaining the historical context of the laws pertaining to sexual harassment in the workplace, through examples of cases such as the Bhanwari Devi case, Vishakha guidelines and the Nirbhaya case among others. She explained how each of these cases had different perspectives to offer on the issue. She further talked about the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and highlighted key concepts as defined by the law. She explained the major aspects of this piece of legislation and concluded with a few of its limitations. Dr Amar kicked off his presentation on ‘Abortion: Law and Ethics’ by defining the key concepts of morality and ethics.
He delved into the historical trajectory of the issue and its relation to the medical profession as well as law. Further, he explained the differences between the conservative, liberal and moderate positions on abortion and elaborated on how abortion can be or not be viewed as a woman’s right. To conclude, he discussed a few challenges and dilemmas pertaining to the issue at hand. His lecture comprehensively covered the topic of abortion from ethical, legal as well as medical perspectives. Dr Shalu in her presentation talked about how the conservative patriarchal family ideology operates and is challenged in the courts.
She started her presentation with the concept of domestic violence, the concept itself and its various dimensions. She further talked about the law pertaining to domestic violence and the international framework around it. She moved on to how the issue is dealt with within the courts and gives rise to a ‘clash of ideologies’. She concluded by emphasizing the need for courts to adapt to the changing circumstances and aspirations of the new generation of women who are no longer seeking masters, but rather partners.

Day 3 | September 3, 2022

Day 3 of the program included eminent panellists Prof Bijayalaxmi Nanda, Principal, and Professor of Political Science, Miranda House, University of Delhi, Ms Urvashi Prasad, Director, Development Monitoring and Evaluation Office, NITI Aayog and Dr Nivedita Haran, Former Additional Chief Secretary, Government of Kerala. Kickstarting the session, Prof Patel gave an overview of the previous days and shared the themes for Day 3. Prof Bijayalaxmi in her lecture talked about the Pre-Conception and Pre-Natal Diagnostic Techniques Act, of 1994 and its role in countering gender discrimination. She started with some important trends regarding the sex ratio and what those trends mean. She highlighted the role played by womens’ movements in India in dealing with issues such as female foeticide and infanticide.
She also talked in detail about policy responses that can help deal with the issue of sex ratio imbalance. She concluded with how three are important in empowering women – Assets, Agency and Age Security. Ms Urvashi Prasad gave valuable insights regarding the gender policy framework in India and the challenges that need to be addressed. She gave a detailed description of the four broad areas of policy framework including Women’s Labour Force Participation Policies, Education Policies, Health and Nutrition Policies and Policies related to Women’s Safety Issues. She elaborated on the existing policies and stated that although governmental policy plays an enabling role in implementing these policies it cannot be effective in isolation and thus, needs participation from the private sector and society.
She stated that the lower participation rate of women in the labour market is the result of societal attitudes towards women. She also talked about the changing focus of policies in the education sector towards lowering the dropout rate of girl children from secondary and higher secondary education. She further stated the need not to view women’s health requirements as just limited to childbearing but also to give importance to non-communicable diseases and mental health problems in women. While concluding her talk, she emphasised the need for effective allocation and use of funds and the simultaneous participation by the private sector and society with the government for these policies to work in an efficient way.
Dr Nivedita Haran commenced with her presentation on the perspectives on legal challenges for women in bureaucracy by talking about the need for such legal rights as the number of women coming out of homes to enter the workplaces rises at a time when with technological advancement newer ways of sexual harassment cases are also on the rise with cyber-crimes gaining the centre stage. Her discussion was mainly based on the challenges faced by women employees from grade 3 or 4 levels in the government offices like personal assistants or secretaries who are not vociferous about the situations they face in the workplaces because of the prevalence of the political power hierarchies. She narrated two instances that she encountered while working in a government office as an IAS officer and while in the office of the United Nations.
She also talked about the formulation of the POSH Act 2013 as an aftermath of the Vishakha judgement. Closing the 3-Day informative session, the chair, Prof Vibhuti Patel gave her concluding remarks and thanked all the eminent panellists. She underlined many essential points that had been brought up by Nivedita Haran and stressed the need for women employees to come out with complete facts rather than ignoring workplace harassment just because of the power dynamics. She mentioned the important learnings and points that all nine sessions brought together and the need for the right perspective-building in the context of gender equality. In her powerful concluding remarks, she said, “ Knowledge empowers but the use of knowledge for gender equality brings social transformation.” The training program ended with a vote of thanks by Dr Suravie Ghimiray, IMPRI on behalf of IMPRI Gender Impact Studies Center (GISD).
---  
Acknowledgement: Vithita Jha and Fiza Mahajan, research interns at IMPRI

Comments

Post a Comment

TRENDING

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...
Post a Comment
Read more

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor*  Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.
Post a Comment
Read more

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.
Post a Comment
Read more

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...
1 comment
Read more

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).
Post a Comment
Read more

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.
1 comment
Read more

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative  The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment.  The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents.   The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...
Post a Comment
Read more

How polarization between different ideological trends within the communist movement sharpened in India

By Harsh Thakor*  This article is a rejoinder to A Note on Slogans of “Left Unity,” “Unity of the Communist Revolutionaries” and “Mass Line” by Umair Ahmed, published on the Nazariya blog .
Post a Comment
Read more

Vadodara citizens urge authorities to adhere to environmental mandates in Vishwamitri River Rejuvenation Project

By A Representative   A coalition of environmental activists, ecologists, and urban planners in Vadodara has issued an urgent appeal to state and municipal authorities, demanding strict compliance with court-mandated guidelines for the upcoming Vishwamitri River rejuvenation project. Scheduled to commence in March 2025, the initiative aims to mitigate flooding and restore the river, but citizens warn that current plans risk violating National Green Tribunal (NGT) orders and jeopardizing the river’s fragile ecosystem, home to endangered species like crocodiles and Indian Softshell Turtles.  
Post a Comment
Read more

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.
Post a Comment
Read more