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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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xv

(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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xxiii

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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xxiv

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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xxv

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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xxvi

IndiainInternationalArena

49. Indiaranks134 in2011among187countries intermsof theUNDPHuman

DevelopmentIndex(HDI)andGenderInequalityIndex(GII).

*****