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OfficersofSocialStatisticsDivisionAssociatedwiththePublication
Smt.S.JeyalakshmiAdditionalDirectorGeneral
ShriInderjeetSinghDeputy
Director
General
ShriDhrijeshKumarTiwariDirector
ShriMoolChandBhaskarDeputyDirector
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IMPORTANT CONST IT UT IONAL AND LEGAL PROV ISIONS FOR
WOMEN IN INDIA
The principle of gender equality is enshrined in the Indian
Constitution in its Preamble, Fundamental Rights, Fundamental Duties
and Directive Principles. The Constitution not only grants equality to
women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a
democratic polity, our laws, development policies, Plans and
programmes have aimed at womens advancement in different
spheres. India has also ratified various international conventions and
human rights instruments committing to secure equal rights of women.
Key among them is the ratification of the Convention on Elimination of
All Forms of Discrimination Against Women (CEDAW) in 1993.
1. CONSTI TUTI ONAL PROVI SI ONS
The Constitution of India not only grants equality to women but
also empowers the State to adopt measures of positive discrimination
in favour of women for neutralizing the cumulative socio economic,
education and political disadvantages faced by them. Fundamental
Rights, among others, ensure equality before the law and equal
protection of law; prohibits discrimination against any citizen on
grounds of religion, race, caste, sex or place of birth, and guarantee
equality of opportunity to all citizens in matters relating to
employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of
the Constitution are of specific importance in this regard.
Constit ut ional Privileges
(i) Equality before law forw omen (Article 14)
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(ii) The State not to discriminate against any citizen on grounds only ofreligion, race, caste, sex, place of birth or any of them(Article 15
( i ) )
(iii) The State to make any special provision in favour of women and
children(Article 15 (3))
(iv) Equality of opportunity for all citizens in matters relating toemployment or appointment to any office under the State(Article 16)
(v) The State to direct its policy towards securing for men andwomenequally the right to an adequate means of livelihood (Article 39(a));
and equal pay for equal work for both men and women (Article
39(d))
(vi) To promote justice, on a basis of equal opportunity and to provide freelegal 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(Art icle 39 A)
(vii) The State to make provision for securing just and humane conditions
of work and for maternity relief(Article 42)
(viii) The State to promote with special care the educational and economicinterests of the weaker sections of the people and to protect them
from social injustice and all forms of exploitation(Article 46)
(ix) The State to raise the level of nutrition and the standard of living of its
people(Article 47)
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(x) To promote harmony and the spirit of common brotherhood amongst
all the people of India and to renounce practices derogatory to the
dignity ofw omen (Article 51(A) (e))
(xi) Not less than one-third (including the number of seats reserved for
womenbelonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every
Panchayat to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Panchayat (Article 243
D(3))
(xii) Not less than one- third of the total number of offices of Chairpersons
in thePanchayatsat each level to be reserved forwomen (Article
243 D (4) )
(ix) Not less than one-third (including the number of seats reserved forwomenbelonging to the Scheduled Castes and the Scheduled Tribes)
of the total number of seats to be filled by direct election in every
Municipalityto be reserved forwomenand such seats to be allotted
by rotation to different constituencies in aMunicipality(Article 243
T (3) )
(x) Reservation of offices of Chairpersons in Municipalities for theScheduled Castes, the Scheduled Tribes andwomen in such manner
as the legislature of a State may by law provide(Article 243 T (4) )
2. LEGAL PROVI SI ONS
To uphold the Constitutional mandate, the State has enacted various
legislative measures intended to ensure equal rights, to counter social
discrimination and various forms of violence and atrocities and to provide
support services especially to working women.
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Although women may be victims of any of the crimes such as 'Murder',
'Robbery', 'Cheating' etc, the crimes, which are directed specifically against
women, are characterized as 'Crime against Women'. These are broadly
classified under two categories.
(1) The Crimes Identified Under the Indian Penal Code (IPC)
(i) Rape (Sec. 376 IPC)(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec.
302/304-B IPC)
(iv) Torture, both mental and physical (Sec. 498-A IPC)(v) Molestation (Sec. 354 IPC)(vi) Sexual Harassment (Sec. 509 IPC)(vii) Importation of girls (up to 21 years of age)
(2) The Crimes identified under the Special Laws (SLL)
Although all laws are not gender specific, the provisions of law
affecting women significantly have been reviewed periodically and
amendments carried out to keep pace with the emerging requirements. Some
acts which have special provisions to safeguard women and their interests
are:
(i) The Employees State Insurance Act, 1948(ii) The Plantation Labour Act, 1951(iii) The Family Courts Act, 1954
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(iv) The Special Marriage Act, 1954(v) The Hindu Marriage Act, 1955(vi) The Hindu Succession Act, 1956 with amendment in 2005(vii) Immoral Traffic (Prevention) Act, 1956(viii) The Maternity Benefit Act, 1961 (Amended in 1995)(ix) Dowry Prohibition Act, 1961(x) The Medical Termination of Pregnancy Act, 1971(xi) The Contract Labour (Regulation and Abolition) Act, 1976(xii) The Equal Remuneration Act, 1976(xiii) The Prohibition of Child Marriage Act, 2006(xiv) The Criminal Law (Amendment) Act, 1983(xv) The Factories (Amendment) Act, 1986(xvi) Indecent Representation of Women (Prohibition) Act, 1986(xvii) Commission of Sati (Prevention) Act, 1987(xviii) The Protection of Women from Domestic Violence Act, 2005
3. SPECI AL I NI TI ATI VES FOR WOMEN
(i) National Comm ission f or Wom en
In January 1992, the Government set-up this statutory body
with a specific mandate to study and monitor all matters relatingto the constitutional and legal safeguards provided for women,
review the existing legislation to suggest amendments wherever
necessary, etc.
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(ii) Reservat ion f or Wom en in Local Self - GovernmentThe 73rd Constitutional Amendment Acts passed in 1992 by
Parliament ensure one-third of the total seats for women in all
elected offices in local bodies whether in rural areas or urban
areas.
(iii) The National Plan of Acti on for th e Girl Child (1991-2000)The plan of Action is to ensure survival, protection and
development of the girl child with the ultimate objective of
building up a better future for the girl child.
(iv) Nati onal Policy for the Empow erment of Wom en, 2001
The Department of Women & Child Development in the Ministry
of Human Resource Development has prepared a National
Policy for the Empowerment of Women in the year 2001.
The goal of this policy is to bring about the advancement,
development and empowerment of women.
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Highlights
*********
Populationand
Vital
Statistics
1. As per Census 2011, the population of India is 1210.19million comprising
586.47million (48.5%) femalesand623.72million (51.5%)males. Femaleshavea
shareof48.1%intheurbanpopulationandof48.6%intheruralpopulation.
2. Theaverageannualexponentialgrowthrateofpopulationduring20012011
is1.64%.Thedecadalgrowthrateduringthesameperiodstandsat17.64%whichis
3.90%lessthanthatduring19912011.
3. Intheagegroup06years,theshareoffemalechildpopulation is47.8%of
thetotal
child
population
in
that
age
group.
Among
the
States,
this
share
varies
be
tween45.4%(Haryana)and49.3%(Mizoram).
4. Thesexratio(numberofwomenper1000men)is940in2011whichshows
continuedimprovementoverthesexratiosof927in1991and933in2001.Among
theStates,inCensus2011,Keralahasthehighestsexratioof1084andHaryanahas
thelowestof877.
5. Themeanageateffectivemarriageforfemalesstandsat21.0yearsin2010.
AmongthemajorStates,thehighestmeanageateffectivemarriageis22.6yearsfor
Keralaandthelowestis20.1yearsforRajasthan.
6. Of the48.7%nevermarriedpersons in2010,womenhadashareof43.8%
comparedwith53.5%formen.
7. TotalFertilityRate(TFR)hascomedownfrom3.2in1999to2.5in2010.The
General FertilityRate (GFR) during the same period has decreased from 103.2 to
83.9.The agespecific fertility rate ishighest (198.6) in the agegroup2024 years
followed by 156.8 in the agegroup 2024 years and 66.0 in the agegroup 3034
years.
8. Historically,theagespecificmortalityrate is the lowest forbothmalesand
females
in
the
age
group
10
14
years.
The
mortality
rate
among
females
across
all
agesis6.7andthatamongmalesis7.7fortheyear2010.
9. Outof150.18millionhouseholdsintheruralareasin200405,16.67million
(11.1%) are Female HeadedHouseholds. In the urban sector, out of the total of
56.97millionhouseholds,4.85million(10.9%)areFemaleHeaded.
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10. Keepingwith thepast trend, the shareof ruralmigrant females stoodata
high level of 47.7% comparedwith ameagre 5.4% of theirmale counterparts in
200708.Theshareofurban femalemigrantswas45.6%comparedwith25.9% for
malesduringthesameperiod.
11. 60.8% of the ruralmigrant femalesmigrated due tomarriage followedby
29.4%due
to
movement
of
parents/earning
member
in
2007
08.
A
high
55.7%
of
the
male migrants migrated due to employment reasons followed by 25.2% due to
movementofparents/earningmemberinthesameperiod.
HealthandWellBeing
12. ThefemaleInfantMortalityRate(IMR)was49comparedwiththemaleIMR
of46andtheoverallIMRof47in2010.AmongthemajorStates,thehighestoverall
IMRof62wasobservedinMadhyaPradeshandthelowestof13inKeralain2010.
13. LifeExpectancyatBirth (LEB)has increasedmoreamongwomencompared
tomen.
It
is
observed
that
in
2002
06
LEB
for
males
was
62.6
years
compared
to
64.2yearsforfemales.
14. 47.0%of thedeliveries tookplace at ahealth facility in 200708. Shareof
womenwhoreceivedantenatalcarewas76.9%duringthisperiod.
15. TheMaternalMortalityRatiohas comedown from254during 200406 to
212during200709.
16. 57.4%womeninruralareasand50.9%womeninurbanareassufferedfrom
anaemiaduring200506.Theshareofanaemicwomenacrosstheagegroups1519
years,20
29
years,
30
39
years
and
40
49
years
is
centred
around
55%
during
the
sameperiod.Among theStates,prevalenceof anaemiawas thehighest inAssam
andJharkhand,bothat69.5%,anditwasthelowestinKeralaat32.8%.
17. The shareofdeliveries inhospitals,maternity/nursinghomes,health cen
ters, etc. is 40.8%while the deliveries assisted by doctors, trained dais, trained
midwives,trainednurses,etc.constituteanother48.8%.
18. Over99%ofmarriedwomenknowaboutanyofthemethodsofcontracep
tion.Theawarenessaboutthefemalesterilizationisveryhighinbothurbanandru
ralareas.Theruralwomenarefoundtobelessawareaboutthetraditionalmethods
ofcontraception
(55.5%)
compared
with
the
urban
women
(62.4%).
19. During 201011, the share of unprotected couples was 59.6%. At 26.7%,
sterlisationwas themostpreferredmethodof familyplanning followedby IUDat
5.7%,oralpillat4.1%andCCat3.9%.
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20. 2.2%womeninIndiadrinkalcohol,10.8%chewpaanmasalaand1.4%wom
ensmokecurrently.
ParticipationinEconomy
21. Theworkforceparticipationrateoffemalesinruralsectorwas26.1in2009
10(NSS
64th
Round)
while
that
for
males
was
54.7.
In
Urban
sector,
it
was
13.8
for
femalesand54.3 formales.AmongtheStates/UTs,workforceparticipationrateof
femalesintheruralsectorwasthehighestinHimachalPradeshat46.8%andinthe
urbansector,itwasthehighestinMizoramat28.8%.
22. In the rural sector, 55.7% femaleswere selfemployed, 4.4% females had
regularwage/salaried employment and 39.9% femaleswere casual labours com
paredwith53.5%,8.5%and38.0%malesinthesamecategoriesrespectively.
23. Atotalof20.4%womenwereemployedintheorganizedsectorin2010with
17.9%workinginthepublicsectorand24.5%intheprivate.
24. Thelabourforceparticipationrateofwomenacrossallagegroupswas20.8
inruralsectorand12.8inurbansectorcomparedwith54.8and55.6formeninthe
ruralandurbansectorsrespectivelyin200910(NSS64th
Round).
25. Theunemploymentrateforwomenofallageswas2.4comparedwith2.0for
men inthe ruralareas in200910. Itwas7.0 forwomenand3.1 formen inurban
areasduring the sameperiod.Among the States/UTs, thehighest unemployment
rateforwomeninruralsectorwasobservedinChandigarh(51.1%)andintheurban
sectorinDadraandNagarHaveli(60.0%)in200910.
26.
Ofthe
total
job
seekers
registered
with
employed
exchanges,
women
consti
tuted32.5%in2009.
27. ThefemaleshareoftotalCentralGovernmentemploymentstoodat10.0%in
2009.
28. The share of female employees in the scheduled commercial banks was
15.9%in2009whichroseslightlyto16.6%in2010.
29. In200910, theaveragewage/salary receivedby regularwage/salariedem
ployeesofage1559yearswasRs.155.87perday for femalescomparedwithRs.
249.15per
day
for
males
in
rural
areas.
For
urban
areas,
it
was
Rs.
308.79
and
Rs.
377.16perdayforfemalesandmalesrespectively.
30. In2010,thenumberofaccountsoperatedbyfemalesinallcommercialbanks
was153.18crorescomparedwith487.37croreaccountsoperatedbymales.Thede
posit amountwas Rs. 517209.74 crore for females and Rs. 1838826.25 crore for
males.
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31. In201112,theshareofwomenswarojgarisinthetotalswarojgarisassisted
undertheSwarnjayantiGramSwarojgaarYojna(SGSY)stoodat69.4%.
32. TheshareofwomeninthepersondaysemployedthroughMGNREGAstood
at48.3%in201112(alldistrictswithruralareas).
33.
Accordingto
the
pilot
Time
Use
Survey
conducted
in
18,620
households
spreadoversixselectedStates,namely,Haryana,MadhyaPradesh,Gujarat,Orissa,
TamilNaduandMeghalayaduringtheperiodJune1998toJuly1999, womenspent
about2.1hoursperdayoncookingfoodandabout1.1hoursoncleaningthehouse
holdsandutensils.Mensparticipationintheseactivitieswasnominal.Takingcareof
childrenwasoneofthemajorresponsibilitiesofwomen,astheyspentabout3.16
hoursperweekontheseactivitiesascomparedtoonly0.32hoursbymales.
LiteracyandEducation
34. AsperCensus2011,74.0%ofthepopulationisliteratecomprising65.5%fe
malesand
82.1%
males.
The
incremental
increase
over
Census
2001
of
11.8%
for
femalesishigherthan6.8%formales.
35. Among the States/UTs, the female literacy rate is the highest in Kerala at
92.0%followedbyMizoramat89.4%.Thehighestmale literacyrate isobserved in
Lakshdweepat96.1%followedbyKeralaat96.0%asperCensus2011.
36. AsperNSS64th
Round,200708,ofthecurrentlyattendingstudentsaged5
29years,69.2%femalesinprimaryschools,65.6%femalesinthemiddleschoolsand
56.8% females insecondaryandhighersecondaryschoolswereattendingGovern
ment schools.The shareofmales is across theboard lower at 65.4%, 64.0% and
55.6%in
the
respective
categories.
37. Shareoffemalesgettingfreeeducation/exemptionfromtuitionfeeandre
ceivingdifferenttypesofincentivesishigherthanthatformalesinallthethreelev
els of school education. However, the average annual expenditure for females is
lowerthanthatofmales.
38. Themain reasonsof femalesneverattending schoolare expensivecostof
education, not interested instudies, education isnotconsiderednecessaryand
requiredforhouseholdwork.
39.
TheGross
Enrolment
Ratio
(GER)
for
females
at
the
primary
level
stood
at
115.39comparedwith115.55 formales in200910 indicatingparity inGER.Atthe
middleclasseslevel,theGERforfemaleswas78.30whilethatformaleswas84.53.
40. TheGrossAttendanceRatioforfemales intheclasses IV inruralareaswas
103comparedwith106formalesin200708(NSS64th
Round).TheNetAttendance
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Ratiowasobservedtobe83and86forfemalesandmalesrespectively intherural
areasintheclassesIV.
41.TheDropoutRateswereobservedtobe27.25and30.25forfemalesandmales
respectivelyintheclassesIVin200910.Thesewere44.39and40.59inclassesIVIII
and51.97and53.38inclassesIXforfemalesandmalesrespectively.
ParticipationinDecisionmaking
42. In2012,womenoccupiedonly8outof74MinisterialpositionsintheCentral
CouncilofMinisters.Therewere2womenjudgesoutof26judges intheSupreme
Court and therewereonly 54womenjudges outof 634judges in differentHigh
Courts.
43. According toNationalFamilyHealthSurveyIII (200506) in the ruralsector
currentlymarriedwomen take 26%decisions regardingobtaininghealth care for
herself and7.6% in caseofpurchasingmajorhousehold items.10%decisions are
takenby
females
in
respect
of
visiting
their
family
or
relatives.
For
urban
areas,
the
sefiguresare29.7%,10.4%and12.2%respectively.
44. Intheagegroupof1519years,46%ofwomenarenotinvolvedinanykind
ofdecisionmaking. Intheruralsector,23.4%femalesarenotinvolvedinanydeci
sionmakingwhile,intheurbansector,only13.9%ofurbanresidentwomenarenot
involvedinanydecisionmaking. It isfoundthat32.7%illiteratewomen,21.6%un
employedwomen arenot involved in anydecisionmaking. For the country as a
whole,59.6%haveaccesstomoney.
CrimesagainstWomen
45. Cruelty by husband and relatives continues to occupy the highest share
(43.4%)amongthecrimescommittedagainstwomen in2011followedbymolesta
tion(18.8%).15.6%casesarethatofkidnappingandabduction,10.6%ofrape,3.8%
ofdowrydeathsand3.7%ofsexualharassment.
46. 10.4%casesofcrueltybyhusbandandrelativesunderwenttrialbytheCourts
ofLawin2011andconvictionwasdonein8.3%cases.Thehighestconvictionrateof
16.5%wasobserved forthecrime importationofgirlsandthe lowestof4.0% for
indecentrepresentationofwomen.
47.
Outof
atotal
24270
victims,
there
were
875
victims
who
were
less
than
10
yearsofage,1707intheagegroup1014years,4646intheagegroup1418years,
13264intheagegroup1830years,3637intheagegroupof3050yearsand141in
theagegroupgreaterthan50years.
48. In2011,ofthetotal JuvenileDelinquency,5.8%weregirls.Also,therateof
incidenceofthecrimeperlakhpopulationwas2.1.
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IndiainInternationalArena
49. Indiaranks134 in2011among187countries intermsof theUNDPHuman
DevelopmentIndex(HDI)andGenderInequalityIndex(GII).
*****