TRANSFORMATION OF THE ROLE OF WOMEN – FROM DEPENDENTS TO SELF-RELIANT

INTRODUCTION

Women – known as NARI SHAKTI play a very important role in men’s lives, as mothers, wives daughters, daughters-in-law, grandmothers, and much more but, are often neglected because she is not physically as powerful as a man. In a patriarchal society, where men consider themselves superior to women, they forget that they were nourished and nurtured by women only. Women who play many roles do not complain about it but in the end, they have to face more regressive behaviour toward themselves because there is no one to listen to her grievance.

Through this article, we are here to know about a woman, not the meaning, but the changing role of a woman from being depend on men for her survival to the self-reliant and independent.

THE EVOLVING ROLES AND CHALLENGES OF WOMEN IN ANCIENT INDIA

The position of women in ancient India has seen significant changes from the Vedic period to the 20th century. In the Rig Veda, women played a prominent role in society, enjoying equal rights with men in gaining spiritual knowledge and intellectual development. Figures like Mata Sita from the Ramayana highlight the strength and piety of women during this era.

As kingship emerged, notable queens such as Rani Lakshmi Bai, Meerabai, Queen Ahilyabai Holkar, Razia Sultan, Maharani Sethu Lakshmi Bai, and Maharani Tarabai demonstrated women's power, bravery, and intellectual capabilities. They contributed significantly to education, governance, and societal welfare.

Despite these illustrious examples, women faced numerous social evils, including Sati, child marriage, female infanticide, lack of education, and domestic violence. Although efforts have been made to combat these issues through education and campaigns, many of these problems persist. Today, women and girls continue to suffer from sexual offences and lack of safety

LAW AND WOMEN

India is a democratic and republic country in which maintaining law and order is the foremost work, it is possible only if all the people, whether citizens or not are protected. Every person has a duty to protect the other’s rights. Our Constitution makes India powerful and has also provided the rights and duties towards its citizens, which is women's first step towards self-dependent.

Rights of the women

Indian constitution provides the fundamental rights to its citizens irrespective of any gender or sex. If women have rights, then it leads to women's empowerment, which is one of the purposes, purported by the government. Fundamental Rights enshrined in Part III of the Indian Constitution are as follows:

1. Right to Equality [Article 14 to Article 18]

These Articles provided equality before law (Article 14); and prohibition of any discrimination on the grounds of religion, race, caste, gender, sex etc. Under this article State shall make any special provisions for the benefit of the women and the children (Article 15); equal opportunity shall be given in public employment irrespective of religion, sex, caste etc. (Article16); abolition of untouchability and title (Article 17 &18)

2. Right to Freedom [Article 19 to Article 22]

These Articles provided certain freedoms related to speech and expression, the movement, against illegal detention, the right to life etc. Article 19 provided the freedom of speech and expression, freedom to move, freedom to assemble, freedom of residence, freedom to the profession, carry any business and trade with some reasonable restrictions. These rights are given to all citizens of India irrespective of any sex and gender. Article 20 provided protection in the convicted offences. Article 21 provided the right to life and personal liberty to all persons, Article 21 covered many facets of the right to life one's right to body.

There is a case Suchita Srivastava vs. Chandigarh Administration, AIR 2010 SC 235, the Supreme Court held that the woman’s right to make reproductive choices is also a dimension of ‘personal liberty’ as understood in Article 21. The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity should be respected.

Article 22 provided the protection against arrest and detention in certain cases.

3. Right against Exploitation [articles 23 and 24]

Traffic in human beings and beggars and other similar forms of forced labour are prohibited (Article 23). Article 24 prohibited the work of any child who is below the age of fourteen years in any factory, which includes the girl child too.

4. Right to Education [Article 21A]

The state shall provide the free and compulsory education to all children of the age of six to fourteen years whether a boy child or girl child.

5. Right in Coparcenary Property [Section 6 of Hindu Succession Act, 1956] – The Hindu woman has rights and liability in the coparcenary property same as the man has rights in the coparcenary property. Section 6 of the Hindu Succession Act, 1965 provided the right after the amendment done in the section in 2005.

Laws for the protection of women against the offences committed against them

In India, there are many social evils against women like the sati practice, the dowry system, domestic violence and child marriage. Various acts and legislation are enacted for the protection of women in the society.

Bharatiya Nyaya Sanhita, 2023, replaced the Indian Penal Code, 1860, the current act defines the offences against women and puts the liability of punishment on the offenders.

Section 63 of BNS, 2023[i], defines rape and its punishment given under section 64 of said act of rigorous imprisonment of 10 years up to life imprisonment and imposed the fine.

DOWRY DEATH- Section 79[ii] of BNS, 2023 provided the offence of dowry death, Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. The punishment for the offence is not less than 7 years and extends to imprisonment for life.

CRUELTY - The husband or the relative of the husband of a woman who subjects such woman to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine, provided under Section 84 of BNS, 2023.[iii]

Dowry Prohibition Act, 1961 – This act was enacted in May 1961 for the prohibition of taking and giving the dowry. The act imposes the penalty on the person who is giving or taking of dowry. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with a fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, and court by the adequate reason record in the judgment imposed the punishment of imprisonment less than five years.

The Commission of Sati (Prevention) Act, 1987 - This act was introduced to prevent the commission of the sati. SATI means burning or burying alive the woman after the death of her husband. After the Commencement of this act, any act of sati performed by any person is punishable under this act. The said act punishes the abetment of sati, attempt to commit sati, and glorification of sati means the person who is an observer of the act, who supports or justifies the practice of sati is punishable under The Commission of Sati(Prevention) Act, 1987.

The Protection of Women from Domestic Violence Act 2005 – This act was introduced to provide protection that is more effective to the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family.

The Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 – This act was enacted to protect against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment. Sexual harassment results in the violation of the Fundamental Rights of a woman, which are provided under the Constitution of India. Right to Equality under Article 14 and Article 15, and her right to life and to live with dignity in a safe environment under Article 21, freedom and right to practice any profession or to carry on any occupation, trade or business violated under Article (19)(1)(g) of the Indian Constitution violated due to the sexual harassment. There is a leading judgment on sexual harassment – Vishaka and Ors. v. State of Rajasthan, AIR 1997 SC 3011.

SCHEMES LAUNCHED BY GOVERNMENT FOR THE EMPLOYMENT OF WOMEN[iv]

Central Government launched some schemes for the employment of women in India, which helps the women become self-dependent and helps in saving the life of a girl child whose parents thinking as a burden on them to do the nourishment of the girl child.

1. Pradhan Mantri Kaushal Vikas Yojana- Under this Scheme, the Government of India provided the training programme to women through a network of Women's Industrial Training Institutes and Regional Training Institutes.[v]

2. Stand-up India Scheme – This is a government scheme through which women entrepreneurs are empowered economically, 81% of loans of size from Rs. 10 Lakhs to Rs.1 crores under this scheme.[vi]

3. MUDRA Yojana - this scheme is also known as (Prime Minister’s Micro-Units Development & Refinance Agency), the main focus of this scheme is on women and small enterprises, to help in the development of women and micro and small enterprises.[vii]

4. Mission Shakti – The Ministry of Women and Child Development launch this scheme to empower women and for the betterment of women throughout the country. This mission implements an integrated women empowerment program, as an umbrella scheme for the safety, security and empowerment of women. The mission Shakti has sub-parts- sambal and samarthya.[viii]

Problems Arising for the Women in Employment/ self-dependent

There are some problems faced by women if she employed in any work,

1. Management between employment and household work – The first problem for a woman is management. A woman who is employed in any service then she has to manage her household work too. There is no one for her help to manage her wants and duties, a woman is trapped in a patriarchal society where household work is considered the first and foremost duty, where she was nourished with such a mentality that she has to only nourish her family and don’t have to work. It creates a barrier to her own growth.

2. Time limits- A woman has a time limit in her employment because there are many reasons for that like the safety and security, and multiple duties performed by the woman which gives a time limit to a woman.

3. Maternal duties – after the birth of the child a woman becomes a mother, a child needs his mother first, and while performing her duties a woman does not remember her own health, which shows negligence towards her health.

4. Safety and security at the workplace – A person can work where his/ her safety and security are ensured many times we can see that a woman does not feel secure. The environment at the workplace has a negative effect on the minds of women.

Conclusion

To make women independent, the foremost duty of a person and the woman is to ensure her rights and make her strong. A woman does not need any person for her safety because she herself is powerful. In the present time, the sex ratio between the man and women has wide differences although the woman is one step ahead of the man in every field. In every occupation, there is at least one woman in the count list in the work which show that the participation of the woman in the society. Despite this, when a girl child is born in a family, the mindset of the society is somewhere is in lack of the boy child, which shows narrow mind thinking of society. According to the customs and traditions, only a son can perform the last rites of his parents, which is the main cause of this thinking. However, when there is a question of the marriage of the son then they need a girl. Then why the society encourages the birth of a son and discourages the birth of a girl? For sure, they need a new mind to change their thinking towards girl child

[i] Section 63 of Bharatiya Nyaya Sanhita, 2023

[ii] Section 79 of Bharatiya Nyaya Sanhita, 2023

[iii] Section 84 of Bharatiya Nyaya Sanhita, 2023

[iv] https://pib.gov.in/PressReleaselframePage.aspx?PRID=1943757

[v] ibid

[vi] ibid

[vii] ibid

[viii] ibid