Description
New Century Publications Women and Law in India by Anand Nishant
Empowerment of women has been a leading objective of state policy in India ever since the attainment of Independence in 1947. The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles of State Policy. The Constitution not only grants equality to women, but also empowers the state to adopt measures of positive discrimination in favour of women.Gender equality is both a constituent and instrument of holistic development of a society. No country can be deemed developed if half of its population is severely disadvantaged in terms of basic needs, livelihood options, access to knowledge and political voice. A natural corollary of ensuring gender equality is the elimination of gender discrimination.In recent years, the empowerment of women has been recognized as the central issue in determining the status of women. The National Commission for Women was set up by an Act of Parliament in 1990 to safeguard the rights and legal entitlements of women. The 73rd and 74th Amendments to the Constitution of India provided for reservation of seats for women in panchayats and municipalities, laying a strong foundation for their participation in decision-making at the local level.The enactment of the Medical Termination of Pregnancy Act, 1971, was a landmark initiative to protect the interest and welfare of women. Another landmark of historical importance concerning women was the passage of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. The Act was amended in the year 2003 to include sex determination at pre-conception stage and action against advertisements promising a male child.After 75 years of Independence, a good number of women do enjoy high status but countless women still continue to occupy a lonely, disadvantaged and humiliating position at the base of the pyramid. Exploitation of women at home and outside continues in most parts of the country. Male superiority and adverse conditions for women are still widely prevalent. The emancipation of women and the achievement of full equality between sexes must always be the primary objective of any society. The denial of such equality perpetrates injustice against women and promotes harmful attitudes and habits in men that are carried from the family to the workplace, to political life and ultimately to international relations. There are no grounds upon which such denial can be justified.The present work explains and examines frequently asked questions on constitutional and legal safeguards for women in India. While citing the provisions of the Constitution granting equality to women and men, the book carries a lucid commentary on many aspects of gender justice, conceptualized and turned into legal enactments. Comprehensive in scope and yet easy to follow, the book is a friendly guide to the complex judicial system. The book is designed to interest common readers as well as professional practitioners.