Role of Women in Indian Polity

Role of Women in Indian Polity

Editor Dr. J. Prabhas HOD, Political Science Department & Pro Voice Chancellor Kerala University, Kerala, India

VL Media Solutions

First Edition- 2013

ISBN

978-93-80820-65-1 Price- 850/-

Publisher VL Media Solutions

B-33, Sainik Nagar, Uttam Nagar New Delhi-110059 Ph.: 8800331354, 8010207580 Email- [email protected] web : www.vlmspublications.com

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Printed by: RBH, Delhi

Preface

The importance of studying “Women’s Role” in the present day’s society is more pertinent than ever because of the changing attitude in/of the society towards the same. Important among them are the changing value system with the increase in women’s literacy, the increased participation of women in politics, economy and popular movements. The striking change about women’s involvement which was conformed to only west in the past is now equally manifest in India as well as in other Third world countries. The role of women in society has been greatly overseen in the last few decades but now is coming to a more perspective to people. In the early days women were seen as wives who were intended to cook, clean, and take care of the kids. They were not allowed to vote while men took care of having jobs and paying any bills that had to be paid. Till recently, women were treated on a different footing/pedestal, depriving them of their rights but reminding them of their duties. But with the changing times the role of women has changed from child bearing and rearing to bread earner. Thus the new cultural milieu is making it inevitable for them to face the emerging reality in the contemporary Indian society. In spite of comprising 50 percent of the population on the globe, women were not given equal status with men. A major part of this sentiment can be attributed to gender role socialization that

operates in every society. This differential socialization raises boys and girls for different roles. However, if the total involvement is taken into account, woman plays multiplicity of roles that far exceed those of her counterparts. Traditionally the status and the role of women in the Indian society have been considered lower than that of men. This is closely related to the Indian kinship an economic system which assigns a subordinate and secondary role to women in the family and consequently in the society. Without women a man would not be man at all and not have the comfort of having someone by his side through the rough and bad times. Society is also a lot more diverse as woman’s opinion is like no other. This book brings under one cover the role of women in Indian society under the broad categories. The contributors are specialists in their own right, working in this area since a long time. I/we wish to record our grateful thanks to all our contributors who have readily responded to my/our request to contribute articles.

Contents

Chapters

P.No.

Women: A Political Community or Not Human Trafficking: A Key Threat to Women Dr. Payel Rai Chowdhury........................................................1 Social Justice and Gender Equality in Socio-Political Context of Women in Indian J. K. Das................................................................................25 Role of Indian women in Freedom Struggle Dr. S. F. R. Khadri.................................................................62 Women in Panchayats: A Critical Evaluation Vikram Singh........................................................................82 Caste Politics and Women in India Varun Chhacchar..................................................................96 Managerial Ability of Women in Indian Polity Raga Sudha, M. Ananda Rao, Dr. Naga Raju Battu............116 Caste Politics & Women in India Dr. Deepak Kumar Pandey.................................................137

Constrains and Controveries towards Women Participation in Sports and Games Dr. M. Saroja.......................................................................150 The Position of Women in India: Past and Present Alok Sharma.......................................................................180 Women Reservation Bill: Prospects and Concerns Gunjan Khanna..................................................................207 Power: The Realist Polity and Women Dr. Amna Mirza..................................................................237 Political Participation of Women in India and Challenges to Women Leadership : Sociological and Political Perspective Dr. Meghna Sharma............................................................246

Chapter - 1

Women: A Political Community or Not Human Trafficking: A Key Threat to Women Dr. Payel Rai Chowdhury*

I. Human Trafficking: Introduction Human trafficking has emerged as an important transnational, regional and national issue. According to estimates, between 1 and 2 million people are trafficked worldwide each year, the majority being women and children.1 The proportions of the trafficking problem in terms of the illegal revenue generated, the disregard for human rights and its scale all figure in any analysis of the issue and state responses to it. This paper attempts to analyse human trafficking as a key security threat to women and structures the argument through a study of its nature, scope and scale of trafficking as a multi-dimensional threat to women. a. Defining Human Trafficking The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 20002, defines trafficking as: “The recruitment, transportation, transfer, harbouring or receipt of persons, by means of a threat or use of force or other forms of coercion, of abduction, of fraud, *The author holds a PhD in Human Rights and Peace Studies and teaches Human Rights at Vivekananda College, Kolkata

of deception of the abuse of power or of a position of vulnerability, or of giving or receiving payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.” While the Protocol ostensibly reflects a global recognition that mostly women and children are trafficked, the lack of an international consensus about what constitutes trafficking that would be valid across countries raises questions about the extent to which the Protocol (and for that matter, other international instruments) can be effective tools in combating trafficking or even forced labour. Lack of a unanimous consensus, in large part, is a result of the diverse views represented in UN institutions. Trafficking, above all, is a social construction whose meaning varies with the culture and economic well being of each country. Scholars argue that this element of contextual interpretation renders the definition of trafficking much too broad such that in the end, it is too conceptually comprehensive to be effectively understood or implemented. b.Human Trafficking: Nature and Types Human trafficking is a violent assault on human security, and is shockingly widespread. Trafficking of humans involves moving men, women, and children from one place to another; often placing them in conditions of forced labour. The practice commonly includes forced sex work, domestic servitude, unsafe agricultural labour, sweatshop labour, construction or restaurant work, and various forms of modern-day slavery. While the term “human trafficking” is relatively new, what it applies to is not. The “commodification” of human beings dates back to antiquity. Altman3 argues that the sexual commodification of humans has always been accompanied by social change and industrialisation. Women and men caught up in trafficking schemes are recruited in number of ways and are vulnerable to trafficking for a number of reasons including high unemployment rates, the “flexibilisation” of labour and the feminisation of poverty. Identification documents are withheld as collateral, and victims are literally trapped, extending the relationship beyond its original terms and introducing the elements of debt bondage and servitude. Victims often quickly realize that they have been duped but face real threats to their safety (and that of their families) if they try to escape. Capitalising on victims’ fear and isolation, traffickers make 2


repeated profits from their victims’ situation. This cyclical nature4 of the effect distinguishes human trafficking from other organised crimes like drug trafficking or human smuggling5 where profits are collected once based on a single service or product. Human trafficking includes most notoriously the sex trade, but extends to bride trafficking, selling babies for adoption, trafficking victims into domestic servitude or military service, drug smuggling, and trafficking for organ transplants. Traffickers typically maintain subservience through debt-bondage, passport confiscation, physical and psychological abuse, rape, torture, threats of arrest and deportation, and threats to the trafficked person’s family. Victims often find themselves cut off from the outside world, unable to speak the local language, and without identification or documentation. In extreme cases, victims do not know where they are. Consequently, it is so much more difficult to find help. In certain cases, trafficked people fear the police because the law enforcement system is, or is perceived to be, corrupt and also because they fear immediate deportation. Trafficked people often are afraid to return to their country of origin because of remaining smuggling debt, fear of public humiliation upon disclosure of the work they performed, and possibilities of further victimisation (including members of their families). c.Scope of Human Trafficking It is important to remember that this global violation of human rights occurs within countries and across borders, regions, and continents. Given this background, one may outline the scope of trafficking in terms of the UN General Assembly definition statement of 1994 (before the 2000 UN Trafficking Protocol): “The illicit and clandestine movements of persons across national borders, largely from developing countries and some countries with economies in transition, with the end goal of forcing women and girl children into sexually or economically oppressive and exploitative situations for profit of recruiters, traffickers, and crime syndicates as well as other illegal activities related to trafficking, such as forced domestic labour,


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false marriages, clandestine employment and false adoption.” The business of trafficking uses a wide range of tools and techniques. While some traffickers may employ simple methods to move their victims such as word-of-mouth or personal connections (especially to attract people wanting to migrate abroad for employment); the use of adoption procedures has also been noted in the cases of children. Especially considering the trafficking in women; recruitment takes various forms, including advertisements in newspapers or through the marriage bureaus. While some trafficked women know they will work as prostitutes, they seldom fathom that they may be kept in slavery-like conditions where they will be unable to escape from their exploiters. Males too are victimised, though in smaller numbers. Some are kidnapped onto fishing boats and kept in captivity while others are forced into labouring in quarries and sweatshops and on plantations. Some young boys are taken to be camel jockeys in the Gulf States. In Africa, children are conscripted into militias. Often begging rings will force children to work against their will and demand daily quotas. There have been great strides made in mapping the routes of trafficking in Asia. Nepal to India is a well-established route as is the route from Bangladesh to Pakistan. Post-Taliban Afghanistan has also seen a rise of trafficking. Chapkis in “Trafficking, Migration, and the Law: Protecting Innocents, Punishing Immigrants,” described human markets in operation in Peshawar. The Mekong Delta is a hub of trafficking in East Asia. Burmese girls are consistently found all over Asia. Japan is a popular destination where the trade is known to be in the hands of the mafia. d. Scale of Trafficking in Human Beings Before launching into the discourse regarding the scale of trafficking in human beings, it is important to mention in passing the key causes of trafficking such as profitability, growing deprivation and marginalisation of the poor and insufficient penalties against traffickers. Moreover, the trafficking in persons has been facilitated by porous borders and advanced communication technologies which in turn have rendered it increasingly transnational in scope and highly lucrative. It’s important to remember that unlike drugs or arms, people can be “sold” many times. Indeed, one might infer that the massiveness of the trafficking scale is 4


largely due to inter linkage between trafficking and the lack of secure livelihoods that has and continues to force large numbers of people to leave their homes, seeking incomes to improve living conditions for their families. Remarkably, the UN mentions6 that a major consideration allowing for the growth of sexual trafficking is “Governments and human rights organisations alike have simply judged the woman guilty of prostitution and minimised the trafficker’s role.” Trafficking in human beings is a global concern leaving no region of the world unaffected – with people usually being trafficked from the poorer regions of the world to the more affluent ones. Trafficking in human beings has progressively assumed significant importance and social visibility in almost all countries. Based on EU estimates, one might infer that women in the European Union are forced into prostitution with a strong subdual number of around 500,000 of which less than half – around 200,000 – come from Eastern European countries. These last communities, by the way, are the most involved in trafficking for serious exploitation, followed by some African components, among which, in particular, are Nigerian women. However, the real scope of human trafficking is very difficult to determine7, since concrete statistical figures are lacking. The clandestine nature of the crime, the confusion of trafficking in human beings with smuggling of migrants, frequent lack of proper legal and criminal justice responses, difficult access to victims and various other factors result in very little reliable data on the crime and estimates vary. In order to do justice and clearly comprehend the massive scale of trafficking within Asia, the following section attempts to illustrate the trafficking flows within south, southeast and central regions of Asia. Trafficking in Asia South Asia is home to one-fifth of the world’s population, of which over 500 million live in absolute poverty, with an income of less than a dollar a day. Studies show that children, especially girl children and women bear a disproportionately large burden of the deprivation and exploitation resulting from such massive poverty. While the current globalisation processes may create livelihood opportunities in urban areas and specific sectors on one hand; they are, on the other, leading to diminishing choices in rural settings, prompting greater human Role of Women in Indian Polity

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mobility driven by both ‘push’ and ‘pull’ factors. Such trends reflect underlying patterns of poverty, marginalisation and disempowerment. Several economic liberalisation policies have entailed a progressive ‘feminisation of poverty’, coupled with decreasing rural participation rates for both men and women and rising female-underemployment. The number of women living in poverty and the number of women headed households living below the poverty-line has increased over the last decade, impacting significantly the well being and security of children, often leading to situations of trafficking. Trafficking Flows within South Asia From

To

Type

Scale

Nepal

India

Sex industry

5,000-7,000 women and girls/ year

Bangladesh India

Sex industry

Of 500,000 prostitutes in India, an estimated 13,500 are Bangladeshi

Bangladesh Pakistan

Sex industry

4,500 women and children/year; 200,000 over 10 years

Bangladesh Middle East

All

200,000 women and children over last 20 years; 3,397 children (1,683 boys) in last 10 years

Sri Lanka

Internal

Children: Affects 100,000 children in Sri begging, labor, Lanka under age 16 sex industry, child soldiers

Sri Lanka

Internal

Unclear; some 2,000-3,000 children/year sex industry, domestic labor

Source: International Organization for Migration, Trafficking in Migrants, no. 23 (April 2001). 6


Trafficking Flows within Southeast Asia

From Vietnam (northern regions) Vietnam Vietnam Cambodia Cambodia (north, northwest) Cambodia Thailand

To

Type

China

Marriage

Taiwan Cambodia Internal

Marriage Sex industry Sex industry

Thailand (children and women)

Primarily begging, also sex industry and domestic labor

Taiwan, Singapore Internal

Sex industry, domestic Sex industry

Source: International Organization for Migration, Trafficking in Migrants, no. 23 (April 2001).

Trafficking Flows within Central Asia

From To Kazakhstan Either by (southern) charter flight or regular flight to United Arab Emirates

Kazakhstan By train to (northern) Moscow and with falsified Russian passports to Greece and other locations


Scale For all of Kazakhstan, extrapolating from one known case of 50 women trafficked from city of 150,000: 5,000 women in 1999

Returns Type Recruitment All of Sex Promises of Kazakhstan: industry jobs in 1999, 245 from Greece, 21 from United Arab Emirates, 16 from Turkey

Sex Promises of industry jobs

7

Kyrgyzstan Within Commonwealth of Independent States (37%), Middle East, Turkey; transit via Kazakhstan and Russia Tajikistan Middle East, Ukraine, Kyrgyzstan

4,000 (IOM/ OSCE* estimate)

Via Kazakhstan and Russia

At least 20 known cases in 2000

Sex industry

Source: International Organization for Migration, Trafficking in Migrants, no. 23 (April 2001).

While it is difficult to be precise about the exact numbers of women and children trafficked, one needs to work on estimates based on reports from law enforcement agencies, researchers and groups working with survivors and communities. In fact, according to Global Alliance Against Traffic in Women (GAATW), an NGO, the numbers are steadily rising with trafficking affecting communities where it was formerly unknown. While mainly an origin region, Asia is also a recipient of trafficked persons. Asian victims are reported to be trafficked to and within Asian countries; particularly Thailand, Japan, India, Taiwan and Pakistan. China and Thailand rank very high on the citation index of origin countries of trafficking among persons while Nepal, Bangladesh, Cambodia, India, Lao PDR, Myanmar, Pakistan, Philippines and Vietnam are categorised as high according to the 2006 UNODC Report on Trafficking in Persons. Women and Girl Children: Special Trafficking Vulnerabilities in Asia South Asia is witnessing an alarming trend of increasingly younger girls being trafficked into the sex trade; the average age of girls trafficked from Nepal into India has fallen over the past decade from 14-16 years to 10-14 years8. In Mumbai and other Indian cities, girl children as young as eight or nine are sold at auctions. It is perhaps interesting to know

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that a common myth that fuels the demand for young girls in South Asia is the notion that sex with virgin cures Sexually Transmitted Infections (STIs) and HIV/AIDS. The multiple vulnerabilities to trafficking and HIV/AIDS faced by women and girl children in the region are further reinforced by socially sanctioned forms of violence, and skewed gender and power relations manifest through crimes such as rape, commercial sexual exploitation, dowry-related violence, female infanticide, domestic violence and violence in conflict situations. The lives of millions of women in this region remain defined by traditional practices that enforce disempowerment and endorse unequal treatment. II. Human Trafficking: A Multi-dimensional Threat to Peace and Security It goes without saying that human trafficking has a devastating impact on individual victims, who often suffer physical and emotional abuse, rape, threats against self and family, passport theft, and even death (and all this together in some instances!). However, the impact of human trafficking extends beyond individual victims; it threatens and undermines the safety and security of all nations it touches. It might be safe to argue, for the convenience of analysis, that human trafficking poses a three-dimensional threat: a. Deprivation of Human Rights and Freedoms The transnational crime of trafficking is an issue of global nature besides being a contemporary form of slavery9 and an enormous violation of human rights. The essential characteristic of this condition of slavery or servitude in which immigrant workers find themselves when their survival is subject to total submission under absolute control of their employers is lack of liberty (i.e. the absence of all forms of negotiation and collective agreement on working). This phase is usually characterised with: • legal vulnerability (eg. lack of residence permit), • socio-existential weakness (eg. lack of relations), • p olitical absence (eg. no participation in institutional decisionmaking mechanisms); and • economic crisis (eg. unemployment). Role of Women in Indian Polity

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These dimensions of vulnerability push the trafficked victims further into social and economic degradation, as the tendency to carry out any kind of work that can guarantee however basic survival becomes an absolute must; a condition difficult to escape, especially for those whose encounter with the recipient society produces bewilderment and a strong feeling of uprooting. The major forms of forced labour or services and the threats they pose to human rights and freedoms are hereby discussed briefly: Domestic Servitude10 is a special case of forced labour that affects both adults and children. In most European countries, informal markets exist for housekeeping and cleaning sector dealing with trafficked women from Africa, Asia, Latin America and also Eastern Europe. It goes without saying that these women and girls work under extremely exploitative and degrading conditions as domestic workers, chars, nursemaids and au pair respectively in private homes11. Interestingly, since domestic workers are usually confined to the privacy of the home, the abuse is relatively invisible and difficult to tackle. Trafficking in human beings for Forced Marriages implies a combination of several forms of exploitation: sexual exploitation, forced labour, domestic servitude. Seeking a way out of hardship and poverty, women leave their countries of origin to marry a foreign citizen in order to enter and live in a foreign country legally. However, many find themselves exploited in situations of domestic slavery under the total control of their husbands. (The situation is rendered especially hopeless in that they have no choice but to stay on in an exploitative marriage, as a divorce may be tantamount to the loss of legal status or her being reported to the police by her husband for fictitious marriage). Sexual Exploitation: Victims, predominantly women and girls, trafficked into the sex industry, are forced to prostitute in ‘red-light areas’, in hostess bars, escort agencies or in apartments being used as brothels. Required to work extremely long hours, they provide unprotected and dangerous sexual services to many clients each day. In most cases, being unable to speak the native language, they communicate with clients through a written ‘menu’ of sexual services. The women are frequently moved from city to city and country to country (the purpose being the disorientation of the victims in order to prevent their developing friendships and gaining familiarity with their surroundings); the process 10


thereby serving twin purposes: prevent police detection and intelligence gathering activity and ensure victims’ continued dependence on the trafficker. Sexual and Labour Exploitation of Children: Given children’s psychophysical vulnerability; the deceit, trickery and fraudulent nature of trafficking assumes a wider dimension. On arrival at their destination, child victims of trafficking are usually exploited in one or more of the following ways: •

s exual exploitation of both male and female children; including different forms of exploitation such as street prostitution, prostitution (conducted) within private houses or night clubs and production of paedophile or pornographic material;

•

b egging, which is more of a quasi-slavery nature given that it is based on violence, abuse and exploitation of the minor for a profit-making purpose;

•

b lack labour, especially in the manufacturing industry, in harsh exploitative situations without any possibility for the minors to leave voluntarily.12

•

i ncreasingly common fictitious illegal adoption (concealing trafficking recruitment behind the façade of adoption practices) for the removal and trafficking in human organs for profit.

Removal of Organs: The international trade in human organs is on the increase fuelled by growing demand as well as unscrupulous traffickers. And this trend has not gone unnoticed by the World Health Assembly which voiced, “concern at the growing insufficiency of available human material for transplantation to meet patient needs,” in a resolution adopted earlier this year.13 Trafficking in organs according to the UN Trafficking Protocol is a form of trafficking in human beings. It is also the more widespread form of exploitation given that it is just so much more difficult to be intercepted by the police. To sum it up, besides the forms of trafficked labour discussed above, labour exploitation of the trafficked occurs also within the agricultural, catering, construction and the clothing industry, such that adult and child victims of both genders are coerced into working under ruthlessly exploitative conditions. Children and young adults Role of Women in Indian Polity

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are, moreover, forced into street begging, recruited and trafficked to earn money for others by begging or selling goods on the street,14 not to mention their vulnerability to trafficking for ‘contracted’ exploitation as criminal agents.15 Additionally, boys and young men are appointed as street runners for drug trafficking.16 All trafficked victims invariably work under compulsive overtime without pay, further jobs which they have not consented to, and accept very lengthy delays in the payment of wages (if at all!). b. Global Health and Security Risk Traumatised by their experiences, depression and suicidal thoughts17; trafficked people often suffer from a multitude of physical and psychological health problems. This population possibly being one of the most stigmatised and outcast human groups facing moral and legal isolation; their vulnerability to HIV /AIDS and drug addiction is so much more. Indeed, global human security and development is seriously threatened as the epidemic spreads steadily within an environ of stigma, discrimination, denial and ignorance. Remarkably, trafficking has a two-fold relationship with development. On the one hand, conditions of poverty, illiteracy, gender inequality and unequal access to resources and information enhance the vulnerability of people (particularly women and children) to infections and reduce their capacity for immunity. On the other hand, the economic costs of sickness and death from HIV/ AIDS affect individuals, communities, nations and the region as a whole, pushing people further into the cycle of poverty, exploitation and vulnerability. Dual Victimisation It is important to remember that women are twice vulnerable to reproductive and other gender-specific health problems in trafficking situations due to little or no access to reproductive health care. These vulnerabilities include lack of access to birth control, constant rapes, forced abortions and contraceptive use, lack of regular healthcare, etc. While women in domestic servitude are commonly subject to molestation, rape and other physical abuse; women in forced sex work incur sexually transmitted infections, including HIV/AIDS, repetitive stress injuries, and back problems.18 In Thailand, 4.3% of the female are HIV positive

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while in Nepal, the percentage is approximately 2%. According to UNAIDS 2006 report on the Global AIDS epidemic, an estimated 2.2 million women are living with HIV in South and Southeast Asia. Linkage to HIV/AIDS as a Security Threat With trafficking rendering the epidemic increasingly more widespread, the link between trafficking and HIV/AIDS is emerging stronger than ever before. South and Southeast Asia is witnessing a rapid growth in HIV/AIDS with a WHO stated figure of over 7.6 million HIVpositive people. With Asia recording the fastest growing rates of new infections; the nexus of poverty, HIV and trafficking within and across borders has created ever-widening circles of insecurity that threatens lives and further impoverishes the poor through sickness, loss of livelihood and rejection by society. Therefore, the link between trafficking and HIV/ AIDS is severely undermining human security and posing serious threats to the social capital and overall development of the region. c. Security Consequences and Risks of Trafficking in Human Beings Consequences and Risks for the Victim Quite evidently, victims of trafficking are subjected to detrimental forms of physical and psychological violence. Trafficking poses a risk to the right to life, liberty and security of person, as victims face a range of violence, are kept against will in slavery and servitude, and subject to torture, cruel, inhuman or degrading treatment, etc. To summarise, it is important to view the situation through the eyes of a (female) victim, as outlined by Suzanne H. Jackson so potently in George Washington Law Review: Alone in a foreign country, isolated from contact with other compatriots, unable to communicate in the native language, denied possession of own identity and travel documents, denied contact with the family, disorientated by constant movement and re-location, subject to repeated physical and sexual abuse, denied access to police assistance through fear of the consequences, required to engage in physically dangerous and unprotected sexual practices on a daily basis for very long hours with male clients with whom effective Role of Women in Indian Polity

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communication is impossible, existing under a regime of threats or reprisals against herself and/or her family if she seeks to escape. - “To Honor and Obey: Trafficking in ‘Mail Order Brides,’” George Washington Law Review 70, no. 3 (June 2002). Whether all of these factors are applied collectively or alone, it becomes simple to understand why so few trafficked victims seek to escape from their traffickers and why there is such a compelling humanitarian duty upon the global community to act against the traffickers and provide for the victims’ protection. Consequences and Risks for the Traffickers Trafficking in human beings is known as a “low risk high profit” crime; implying that traffickers hardly ever face criminal proceedings, are exposed to minimal risks of detection and arrest and even when apprehended, punishment possibilities remains low. On the other hand, profit accrued through trafficking in persons easily surpasses that made through trafficking in drugs and arms. The major reasons for the lack of prosecution and convictions are the underground/latent nature of the crime, lack of testifying victims (due to fear or the fact that many victims may even be detained/deported as illegal immigrants/criminals) and the lack of adequate anti-trafficking legislation including state negligence even when such legislation does exist. Consequences and Risks for the “End user” The lucrative criminal business of trafficking in human beings also caters to the demand for cheap and informal labour provided by the trafficked. End users, demanding cheap and vulnerable workers, could comprise employers in small businesses or large scale industries, as well as persons engaging in the informal economy, private households, clients of prostitutes, etc. Because countries place focus on the control of illegal migration instead of offering protection to the migrants19 from abuse and exploitation, the end users face little to no consequences for having exploited a trafficked human being.20 Consequences and Risks for the State and Society While victims face secondary victimisation incident to their vulnerability; law enforcement and judicial authorities do not often use 14


victim-friendly instruments for investigation. This, on one hand, leads to: • Undermining governmental action and the rule of law, • Growing number of socially excluded persons, • Violation of whole gamut of laws and human rights, • M anifestation and perpetuation of patriarchal attitudes and undermining efforts to promote gender equality, • Growth of social problems that weaken the society. On the other, it results in serious consequences for the state and society: • Destabilisation of existing labour markets, • T hreat to society because traffickers operate across borders with impunity through the involvement of organised criminals, • Growth and diversification of organised crime • Growth of money laundering • Growth of corruption • E normous losses to communities and governments in terms of human and social capital investments • L oss of productivity and earning power due to illiteracy, ill health and epidemics like HIV/ AIDS. Trafficking in People is Organised and Big Business This highly profitable ‘trade in people’ poses a relatively low risk compared with trades in drugs or arms. Unlike drug trafficking, the principal investors do not have to accompany the commodity (the smuggled people) physically across the border. The low risk and high profit goes a long way to explain why the volume of human smuggling has increased since the early 1990s. With the advent of globalisation, migrants rely more and more on trafficking networks to assist them, placing themselves in potentially abusive situations. Trafficking has turned into a big business; according to the Taylor and Jammison in “Sex Trafficking and the Mainstream of Market Culture”, trafficking in people represents the third largest source Role of Women in Indian Polity

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of profits for organised crime after drugs and guns, generating billions of dollars each year. Organised crime groups operating within and across borders often run trafficking networks which are structured, well-funded and operated well beyond the reach of law enforcement. Some traffickers are individuals or small groups trafficking people for specific purposes. While traffickers can be friends, family members, or neighbours; common evidences are found of couple groups (often husband-wife teams) trafficking women in domestic servitude and keeping them in slaverylike conditions for years. III. Human Trafficking as a Security Threat: Papers and Practices Concern about the existence and scale of trafficking in human beings for exploitative purposes has grabbed immense international attention over the last decade. The most commonly cited (although unverifiable) figure comes from the US State Department that estimates up to 800,000 people trafficked globally in 2004 (the majority being women and children, trafficked for the purposes of sexual exploitation). This concern has obviously led to the development of a plethora of domestic and international law designed to end the ‘trade in people’. In 2000, the UN promulgated the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which provided a widely referred definition. In essence, it defines trafficking as the deceptive recruitment, illegal harbouring, transporting and finally enforced exploitation of a person. Although this Protocol implicitly recognises the human rights violation done to the trafficked people, the tendency in both international and domestic law has been to treat trafficking as primarily a criminal rather than a human rights issue. For instance, the UN Protocol goes on to demand of signatory states a strenuous law enforcement effort against traffickers but only encourages them to respond to the needs of victims. This ordering of priorities at the global level is replicated at the national level as countries of destination develop laws to combat the practice. The sad consequence of this focus on trafficking as a crime against states and the integrity of their borders is not only the very weak protection offered to the victims of trafficking but, indeed, their criminalisation. A woman suspected of being trafficked is far more likely to be treated as an illegal immigrant21, liable for deportation, than as someone whose human rights have been violated. This is the legal situation, for instance, in most 16


European states today, as exemplified by Germany, where in 1997 of the 1,500 women identified by the police as trafficked, 95% were deported. Way Forward To improve the treatment of those who have been trafficked, efforts must be made to train law enforcement, immigration agents, attorneys, and others to identify and assist trafficked persons. Governments must work to strengthen law enforcement and effective sentencing of traffickers including national, regional, and international efforts to prosecute organised crime groups and others profiting from global trafficking. In addition, state must adopt measures to protect the trafficked victims and offer them safe housing, welfare services and short term residence. For such ideas to come into law, there must happen a legislative realisation that the viewing of trafficking exclusively through a criminalisation lens actually exacerbates human insecurity and enhances the vulnerability of people to trafficking. Trafficking is prohibited under several international human rights treaties22 including the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. The UN Convention on the Elimination of All Forms of Discrimination against Women calls for all parties to take measures “to suppress all forms of traffic in women and exploitation of prostitution of women.” Countries that have ratified these treaties must ramp up the integration of the commitments of these conventions into national legislation. With passage of global anti-trafficking legislation, the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime, adopted by the UN General Assembly in November 2000, trafficking is increasingly being recognized as a serious international problem. The UN Protocol came into force in 2003 with regional treaties filling out the international legal regime in Africa, Asia, Europe and the Americas. As in other elements of the human security agenda, the challenge now is to enforce recognised law and accepted norms against human trafficking. One may argue in this regard that effective enforcement would necessitate three transitions in policy and action: it would require a transition from international law-making responses to national perfor Role of Women in Indian Polity

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mance responses; a transition from prohibition to prevention and a transition in attitudes and operations. One must keep in mind that accomplishing these necessary reforms means addressing roots of human insecurity: poverty and marginalisation, social and cultural disadvantage (especially the disadvantages borne by girls and women), legal inequities (including barriers to protection and redress in local justice systems), and the risks of violent political unrest. Thereby, three courses of action stand out as practical and urgent: • G overnments must recognise the commonplace origins of insecurity—and identify the people and communities at risk from trafficking. (This is not, in most countries, complicated: since it is almost always obvious who in society runs the highest risk of being trafficked). • S tates must turn their energies from prohibition and exhortation to effective prevention. Prevention includes addressing the origins of insecurity and powerlessness, including ratification by every state of the UN Protocol against human trafficking, amending national laws to give it effect, and unequivocally defining human trafficking as a crime in domestic law. (The Protocol itself would be strengthened by adding to it an accessible procedure for victims to lodge complaints.) Most of all, prevention will demand vigorous efforts at better governance—open, inclusive governance in which citizens can act to secure their own safety. One practical reform: universally accessible registration of all births. It must be remembered in this context that prevention is a shared obligation of all governments, and can only be achieved in active cooperation with civil society organisations and private industry. • T he third course of policy and action—a responsibility especially of countries where trafficked people arrive and where they often suffer most—is to start adopting a rights protective approach to counter vulnerabilities of trafficked people and reduce stigmatisation. It is important to mainstream trafficking and HIV/AIDS in an integrated manner (through a multi-sectoral and participatory approach) and maximise linkages and coordination between national and regional programmes related to trafficking 18


and HIV/AIDS (thereby under-cutting the multiple burdens for HIV-positive survivors).23 Such a three-pronged action strategy, will hopefully, prove more enabling in: • c ombating stigmatisation and stereotypes of those affected by trafficking and HIV/AIDS, • f ocussing on behaviour patterns rather than vulnerable groups, since concentrating on such populations further stigmatises and marginalises them and allows those with unsafe behavioural practices who may not be a part of the vulnerable groups, to be complacent, • d eveloping empowering strategies to reduce vulnerabilities by providing information and services on safe health and safe migration practices. Conclusion: A Reality Check! The increasingly globalised flow of goods, capital, and people has had a serious downside: trafficking in humans as commodities. Human trafficking nothing less than “slavery in the twenty-first century”, is an insidious and global problem. The alarming scope of human trafficking today is defined by textbook as the coerced transport and trade of human beings for the purpose of labour exploitation; about 600,000-800,000 cases globally each year. Millions more children and family members are affected. It is an industry worth some $7 billion annually, putting it behind only drugs and arms trafficking in profitability, and with links to immigration and smuggling rings, as well as organised crime. According to Kevin Bales in Disposable People (1999), “In Phnom Penh, Cambodia, for example, a trafficker can buy a young girl for $50 then smuggle her to Japan where she will bring in up to $200 a day while serving dozens of clients. Often a single person is bought and sold multiple times. Most victims of trafficking are duped into leaving their homes. The majority are women who end up in the sex trade. Recent immigrants are particularly at risk as they often have no economic foundation and no knowledge of rights, or sources of help”. Often there is little political will, since police and border guards act complicit in the trade. Legal standards themselves within different Role of Women in Indian Polity

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countries appear woefully inadequate, and many nations do not recognise the official definition of trafficking. Furthermore, there is no systematic legal protection for witnesses and testifiers and so identifying traffickers becomes extremely difficult. Retribution is common. In addition, rehabilitation support for HIV/AIDS sufferers is often lacking, as many of the trafficking victims test positive for the disease. As it stands now, the social stigma surrounding a positive test means the victim will often not be welcome back at home and, moreover, they will not be allowed to cross borders. In short, they are stuck. In recent years, human trafficking has been identified as a form of modern slavery, a threat to human security, and as one of the greatest human rights challenges of our time. Globalisation is a critical factor exacerbating human trafficking. As has been argued above, the root causes of the trafficking of women and children lie in insecure lives. People vulnerable to being trafficked are people whose lives have been made insecure by harsh economic conditions and state breakdown. The experience of being trafficked from start to finish involves a violation of personal security, from the initial deceptive relationship to the physical violence used to enforce compliance with exploitation. These insecurities are only compounded in the country of destination where the trafficked persons, aware of their illegal status and liability to deportation, fear both their traffickers and the state authorities. As a result of its link with organised crime, drugs and weapons smuggling, not to mention the criminal networks (rendering it more difficult to fight against traffickers in a single country); human trafficking poses a great threat to social order, solidarity, peace, security and the democratic values of both the source and the destination countries. It seems, therefore, that neither states nor people are secure in this current dynamic. States remain vulnerable to the border violations that will always be created by the inventiveness of smugglers and traffickers. It is to outline this threat to peace and security posed by human trafficking, that this short analysis paper undertakes a brief study of the problem and attempts to recommend a set of reforms through a multilateral approach necessary in combating this crime; hoping thereby that there would be

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some chance to create secure human lives, with people enjoying the possibility to live in freedom, peace and safety and with their fundamental rights protected and access to resources and the basic necessities of life.

Endnotes 1. Francis Miko, Trafficking in Women and Children: The U.S. and International Response, Congressional Research Report 98-649-C (May 10, 2000). 2. Mention of the Convention appears on the UN website, at http://www.odccp. org/crime_cicp_convention.html#final. 3. Dennis Altman, Global Sex (Chicago, IL: University of Chicago Press, 2001), 13-14 4. Poverty and the desire for a better life—either by being duped or being forced by “others”—are major motivations leading women and girls to become the unwitting victims of trafficking cartels. 5. While used interchangeably, the terms “smuggling” and “trafficking” actually signify two separate phenomena. If a person hires an individual or a criminal organisation for assistance in moving from one country to another, then that person has been smuggled. Upon arrival at the destination, the business relationship ends, and the smuggler and the individual go their separate ways. In cases of trafficking, however, the association continues, often becoming exploitive and violent. It is important to remember that in certain cases, smuggling turns into trafficking. This may happen when people use organised criminal groups to help facilitate movement (smuggling), only to learn upon arrival in the destination country that the fee has increased, their passports are taken away, or they are raped and forced to work (trafficking). 6. Retrieved from ‘Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders’ in http://www.un.org/events/10thcongress/2098. htm accessed on June 06, 2007. 7. Contrary to popular belief, traffickers are both male and female. Other common misperceptions are that all women are trafficked for forced prostitution, that trafficking and prostitution are the same, and that trafficked people are uneducated and from rural areas. Many trafficked people have completed primary school and some have attained secondary or post-secondary education. In Hong Kong, for example, many Filipinas in domestic servitude were once teachers and nurses. In Russia and Eastern Europe, many trafficked women hold college degrees and come from large cities Role of Women in Indian Polity

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8. Source: “The Busiest ‘Sex Traffic’ Port: Trafficking of Girls from Nepal into India” by Bhuwan Thapaliya retrieved from http://peacejournalism.com/ ReadArticle.asp?ArticleID=3551 9. Human trafficking is the cross-border sale of a person, against his or her will, for the purpose of sexual or other exploitation. It leaves the victims in a condition of slavery as they are forced into prostitution or other activities while being deprived of the freedom to change. The profile of most illegal sex-workers (age-groups ranging from 13 to the mid-40s) shows that they are disadvantaged and vulnerable in terms of age groups and socioeconomic status. 10. Servitude in itself represents a broader concept, covering conditions of work or service, which the individual cannot change or escape from – implying that one person dominates over another person. 11. Also the so-called mail order brides can end up in domestic servitude. The international “mail-order bride” industry has been proliferating in recent years, using the internet as a high-powered engine to reach an unprecedented number of clients. International marriage or “mail-order-bride” agencies, capitalise on increasing disparities between women in economically distressed countries and men in the wealthiest nations of the world. 12. Commonly occurs when parents or relatives are involved, or when children are subjected to various forms of intimidation or threat of violence. 13. Retrieved from http://www.who.int/bulletin/volumes/82/9/feature0904/ en/index.html. 14. In many cases, beggars are maimed in order to arouse pity and increase charity. It is not unusual for victims in the cases of forced labour to be subjected to sexual abuse as well. 15. The criminal agency traditionally employs trafficked persons into activities such as pocket picking and other low-level crime. 16. Also in the sports sector trafficking in human beings is not an unknown phenomenon. Especially adolescent persons are ready to leave their countries of origin in order to become rich and famous and depend on “helpers” for the realisation of these dreams. A sport is often a very profitable business for many clubs, federations, players, private companies and individuals. The “right” athlete - the one that is cheap to “buy” and profitable to “sell” or “lease” – is recruited by use of deception, fraud, exploitation of somebody’s position of vulnerability and then treated like a commodity.

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17. The mental state of survivors may include helplessness, withdrawal, disassociation; self blame and often undergo psychiatric disorders depressive disorders and psychotic disorders. 18. Moreover, most trafficked persons suffer from post-traumatic stress and exhibit symptoms associated with survivors of severe trauma and torture because their constant exposure to physical and psychological abuse. Social responses to those affected by HIV/AIDS as well as trafficking are commonly influenced by stigmatisation, discrimination and further marginalisation. Such responses, in turn, undermine the basic rights and freedoms of the affected individuals, including the right to mobility and residence, the right to essential services, right to confidentiality, right to free association, and sexual and reproductive rights. 19. On arrival in the country of destination, the illegal status of the migrants puts them in mercy of their smugglers, often forcing them to work for years in the illegal labour market to pay off the debts incurred as a result of their transportation. 20. Some countries, however, decided to penalize the clients of prostitutes in an effort to reduce demand. The current trend seems to be towards increasing penalties for the hiring of “illegal” migrant workers. This can be seen for example in such countries as France, Germany, Russia, the United Kingdom and probably many others. 21. Historically, trafficked people, particularly those trafficked not for forced prostitution, have been treated as criminals and as illegal immigrants. As such, they have been arrested and deported, sometimes even prosecuted for entering a country illegally or holding fake travel documents. Their traffickers, at most, are convicted of alien smuggling, but are rarely held accountable for the numerous human rights violations that accompany trafficking (including servitude, slavery, rape, and physical and psychological abuse). In Israel, according to Human Rights Watch, the government continues to regard trafficked women as criminals and “illegal aliens,” housing them in prisons where they are actually more vulnerable to human rights abuses. It is important to note that this occurs despite legislation making the buying and selling of human beings for prostitution a criminal offence. 22. In 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention and two Palermo Protocols thereto:Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children


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23. Carol Yost, Director of Women’s Programs, The Asia Foundation, in the article “Trafficking in Persons in Asia: Slavery in the 21st Century” published on Friday, November 19, 2004 in the Modern Asia Series, Harvard University Asia Center, remarks: “Key strategies should focus on creating a new knowledge, an increased understanding and innovative operational strategies to create an enabling environment for social change. Attention should be given to activities offering legal, physical and psychological protection and empowerment to people who are affected by trafficking and are HIV positive. Innovative aspects include the active participation of affected women and girls as peer workers and educators in designing and implementing activities. Strategic planning and networking should be supported for inter-country bilateral and multilateral cooperation within the region.”

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Chapter - 2

Social Justice and Gender Equality in Socio-Political Context of Women in Indian J. K. Das*

“The need for a theory of justice relates to the discipline of engagement in reasoning about a subject on which it is…very difficult to speak. It is sometimes claimed that justice is not a matter of reasoning at all; it is one of being appropriately sensitive and having of right nose for injustice. It is easy to be tempted to think along these lines…Reasoning is some form cannot but be involved in moving from the observation of a tragedy to the diagnosis of injustice.1” I. Introduction The rights of women in public and private sphere, in terms of opportunity to occupy political office and in terms of access to work and employment, have been important themes of the Constitution of India. These rights have been constitutionally recognised to bring women into the social, economic and educational mainstream of public and private life for the purpose of achieving “social justice.” The Preamble, and indeed the Constitution, was drafted in the light and direction of the Objective Resolutions adopted on January *TLL.M., Ph. D (Law School, Banaras Hindu University). Associate Professor (Former Head), Department of Law, University of Calcutta, Kolkata, India-700019

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22, 1947 by the Constituent Assembly, Preamble to the Constitution assured that political justice must include real economic freedom of starving millions of people. Along with it came the concept of social 4 justice3 based on expansive values of human rights. The framer of the Constitution, therefore, in the Objective Resolution, speaking on behalf of, “We, the people of India”, pledged on their behalf to accord justice, social, economic and political to all the citizens, equality of status and opportunity and dignity of person with liberties. The objectives specified 5 in the Preamble contain the “basic structure” of our Constitution, which cannot be amended in exercise of the power under Article 368 of the Constitution. The Preamble and various Articles contained in Parts III and IV of the Constitution, inter-alia, promote social justice so that life of every individual becomes meaningful in general and women in particular. Dispensation of social justice and achieving the goals set forth in the Constitution are not possible without abolition of social evils, like, gender discrimination, untouchability, forced labour, bagger and bounded labour, traffic in human being and child labour. The Indian society, which the framers of the Constitution found was not only hierarchical and feudal, but also suffered from semi-religious belief in untouchability which condemned a section of the Hindus to the position of untouchables who, it was foolishly believed with religious fervor, were born with an impurity that had the effect of polluting everything they touched or interacted with. This resulted in not only compelling them to live a life of indignity, poverty and deprivation, but also imposed on them a host of disabilities. These very people and many others as well, who suffered from extreme poverty in the feudal social and economic order, were subjected to do beggar or hard labour for their landlords without any remuneration. Poverty forced them to remain indebted to the landlords and this led them to become bounded labours and to send their children to get employed to do hazardous work, totally unsuited to their age. Again, at times they had to sell their children, especially females, which coupled with many other social evils, compelled some young women to enter the undignified profession of flesh trade or prostitution. Articles 15, 16, 17, 23 and 24 have provisions which outlaw these evils, and power is conferred on parliament under Article 35(a)(ii) to enact laws to make many of these acts punishable offences.

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In achieving social justice the Constitution of India provides express provision enabling the state to make special provisions in favour of women providing protection for equality and non-discrimination. The manner in which such special provisions have been designed and the examination of whether such measures are necessary or adequate for women of contemporary India is an important theme of the Article. II. Concept of Social Justice 6

The concept of “social justice” is the yardstick to the justice administration system and the greatest virtue of law is in its adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the law depending upon the situation since the law is made for the society and whatever is beneficial for the society, the endeavour of the law court would be to administer justice having due 7 regard in that direction . After the commencement of the Constitution of 8 India the concept of social justice has become a part of our legal system. 9 The objectives specified in the Preamble contain the “basic structure” of our Constitution, which cannot be amended in exercise of the power under Article 368 of the Constitution. The Preamble and various Articles contained in Parts III and IV of the Constitution, inter-alia, promote social justice so that life of every individual becomes meaningful and he/she is able to live with human dignity. The concept of “social justice” engrafted in the Constitution consists of diverse principles essential for the orderly growth and development of personality of every citizen. “Social justice” is thus an integral part of justice in the generic sense. Justice is the genus, of which social justice is one of its species. The concept of “social justice” has been explained by the Supreme Court in Air India Statutory Corporation v. 10 United Labour Union thus:

“Social justice is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change ... for greater good of the society at large. In other words, the aim of


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social justice is to attain substantial degree to social, economic and political equality, which is the legitimate expectation and constitutional goal. Social security, just and humane conditions of work and leisure to workman are part of his meaningful right to life and to achieve self-expression of his personality and to enjoy the life with dignity. The State should provide facility and opportunities to enable them to reach at least minimum standard of health, economic security and civilized living while sharing according to their capacity, social and cultural heritage.” Thus the concept of social justice is not narrow, one-sided, or pedantic, and is not confined to a particular area, its sweep is comprehensive. It is founded on the basic ideal of social-economic equality and its aim is to assist the removal of socio-economic disparities 11 and inequalities .In other words, the aim of social justice is to attain substantial degree of social, economic and political equality, which is 12 the legitimate expectation of every section of the society .Social justice is the integral part of the “basic structure” of the Constitution, because it gives meaning and significance to the democratic ways of life and of 13 making the life dynamic. III. Foundations of Social Justice While the concept social justice laid down in the Preamble as a social goal, Fundamental Rights and Directive Principles of the Constitution elaborated the concept are the foundations of social justice in India. Besides these provisions there are few more provisions were incorporated to the Constitution for the same purpose. The Constitution of India is the highest law of the land and all laws, national or local, customary or statutory, past and future draw their validity and legitimacy 14 from it. In its form and structure, the Constitution follows the Western liberal model of Constitutionalism, but it has several features founded on Indian traditions and the special needs and circumstances of the society. The Preamble to the Constitution talks not only of social justice but of equality of status and opportunity of all the citizens. Bringing about a social revolution is the main theme of the Constitution. Without achieving equality of status and opportunity 28


social revolution for social justice is impossible. The Preamble to the Constitution emphasises the principle of equality as basic foundation 15 to the Constitution . Equality of opportunity to all irrespective of their caste, colour, creed, race, religion and place of birth which constitutes one 16 of the core values of the 1948 Universal Declaration of Human Rights 17 also forms part of Preamble to the Constitution of India. JUSTICE, LIBERTY, EQUALITY, the golden goals set out in the Preamble to the 18 Constitution is to be achieved. It secures, as one of its objects, fraternity assuring the dignity of the individual and the unity and integrity of the 19 nation to “WE, THE PEOPLE OF INDIA.” For achieving the various goals set out in the Preamble, framers of the Constitution included a set of provisions in Part III titled “Fundamental Rights” and another set of provisions in Part IV titled “Directive Principles of State Policy”. Part III, entitled “Fundamental Rights”, primarily, but not exclusively, contains what are called the civil and political rights and may roughly be compared with the 1966 International Covenant on 20 Civil and Political Rights , while Part IV, “Directive Principles of State Policy” contains what may primarily, but not exclusively, be called social and economic rights, roughly comparable with the 1966 International 21 Covenant on Economic, Social and Cultural Rights. In Part III, we also have provisions for abolition of untouchability, bonded labour, traffic in human beings, and also for prohibition of children employed in factories or in other kinds of hazardous employments. But more importantly, their enforcement in a meaningful sense involves taking effective economic measures, and mere paper abolition by enacting necessary laws will not be enough. The difference between the Fundamental Rights and Directive Principles in the Constitution lies in this that the former are primarily aimed at assuring political freedom of the citizens by protecting them against excessive State action while the latter aim at the securing social and economic freedoms by appropriate State action. Fundamental Rights intend to foster the ideal of a political democracy and to prevent the establishment of authoritarian rule; hence, they are of no value unless they can be enforced through resorting to court action. So they are made justifiable. On the other hand, it is also evident that notwithstanding their great importance, the Directive Principles cannot in the very nature of 22 things be enforced in a court of law. This does not imply that Directive Principles are any less important than Fundamental Rights or that they are Role of Women in Indian Polity

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not binding on the various organs of the State. Part III of the Constitution consists of Articles 12 to 35, divided into eight groups. Thus, Fundamental Rights may be classified into: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, (vi) right to property, and (vii) right to constitutional remedies. They are the rights of the people preserved by our Constitution; “Fundamental Rights” are the modern name for what have been traditionally known as “natural rights”. These are moral rights which every human being everywhere at all times ought to have simply because of the fact that in contradiction with other beings, he is rational and moral. They are the primordial rights necessary for the development of human personality. They enable a man to chalk out his own life in the manner he likes best. The Constitution, in addition to the well-known Fundamental Rights, also included the rights of the minorities, untouchables and other 24 backward communities. Part IV of the Constitution consists of Articles 36 to 51 and contains the “Directive Principles of State Policy” fundamental to the governance of the country and it is the duty of the State to apply these principles in making law. Article 37 makes it clear that unlike the provisions of Part III, the directives are not “judicially enforceable”, but they shall, nevertheless, be fundamental in the governance of the country. The 1937 Constitution of Eire contained a chapter titled “Fundamental 25 Rights” and another “Directive Principles of State Policy” . Articles 37 to 39 of the Constitution of India are principally based on Article 45 of the Constitution of Eire with certain distinctions. Unlike Article 45 of the Constitution of Eire, Article 37 of the Constitution of India does not prohibit the courts from taking contingence of the directives. In purely jurisprudential terms, a distinction is drawn between the enforceability 26 of a provision and the same being “judicially cognizable.” Therefore, it was felt that some of the principles laid down in the Directive Principles of State Policy, which had its influence in the governance of the country, would not be achieved if those Articles were literally interpreted and applied. The Directive Principles of the State Policy lay down the fundamental principles for the governance of the country, and through 30


those principles, the State is directed to secure that the ownership and control of the material resources of the community are so distributed as to best sub-serve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. Further, it was also noticed that the fundamental rights are not absolute but subject to the law of reasonable restrictions in the interest of the general public to achieve the above 27 objectives specially to eliminate Zamindari system. The Apex Court initially held that in case of conflict between a Fundamental Right and the Directive Principle, the former takes precedence and the latter must run subsidiary to the former. However, since 1970 the Court’s philosophy 28 29 underwent a change. In Chandra Bhavan, Kesavananda Bharati, and 30 Minerva Mills, the Apex Court embraced the view that Parts III and IV of the Constitution should be treated as of equal value and the Court’s attempt should be to bring about harmony between the two instead of reading a conflict. Thus, the combined effects of the Preamble, Fundamental Rights and Directive Principles of the Constitution are the foundations of social justice constitute the legal force for protection of women in India with human dignity. IV. Right to Equality and Non- discrimination Right to equality and non- discrimination is a basic right of a women derived from the concept of social justice. This right is stipulated in the International Covenant on Civil and Political Rights,1966 (ICCPR) under Article 26. According to it all persons are equal before law and entitled without any discrimination to the equal protection of law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Thus, equality and non-discrimination is a recognized right under ICCPR. This principle of equality and non-discrimination is also a foundational principle of numerous existing international human rights instruments. The framers of the Constitution of India not only placed justice and equality at the highest pedestal, but also incorporated several provisions for ensuring that the people are not subjected to discrimination on the grounds of caste, colour, religion or sex. Article 14 of the Constitution declares that the State shall not deny to any person equality before the law Role of Women in Indian Polity

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or the equal protection of the laws within the territory of India. Equality before the law proclaims and pronounces the concept of “Rule of Law”, 31 a basic feature of our Constitution. The “Rule of Law” and its virtue one should be wary of disqualifying the legal pursuit of major social goals in the name of the rule of law. After all, the rule of law is meant to enable the law to promote social good, and should not be lightly used to show that it should not do so. Sacrificing too many social goals at the altar of the 32 rule of law may make the law barren and empty . According to “Rule of Law,” no man is above the law of the land and every person, whatever his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. The idea of legal equality, or of the universal subjection of all classes to one law administered by the 33 ordinary courts, has been pushed to its utmost limit. Professor Dicey, explaining the concept of legal equality as it operated in England, said: With us every official, from Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done with legal justification 34 as any other citizen. Equal protection of the laws, on the other hand, would mean: “Equality must be among the equals, unequals cannot claim 35 equality.” Thus, the law should be equal and equally administered, that 36 “likes should be treated alike”. Equal justice requires that likes should be treated alike but if there are relevant differences, due allowance 37 should be made for them. It is well-settled that among equals, the law should be equal and should be equally administered and that likes should be treated alike. In other words, “likes should be treated alike” means the right to equal treatment in “similar circumstances” both in the privileges conferred and in the liabilities imposed by the laws. However, the principle does not take away from the state the power of classifying persons for legitimate purposes. If there is any “reasonable” basis for classification, the legislature would be entitled to provide for a 38 different treatment. It has been repeatedly held by the Apex Court that Article 14 does not prohibit reasonable classification for the purpose of legislation or for the purposes of adoption of a policy of the legislature or the executive, provided the policy takes care to reasonably classify persons for achieving the purpose of the policy and deals equally with

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all persons belonging to a well defined class. It is not open to the charge of denial of equal protection on the ground that the new policy does not apply to other persons. However, in order to pass the test of permissible classification, as has been laid down by the Apex Court in a number of 40 its decisions, two conditions must be fulfilled: “(1) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (2) that the differentia must have a rational relation to the object ought to be achieved by the statute 41 in question.” With in the prohibition on unequal treatment in Article 14, the Apex Court has developed a general principle of reasonableness which every state action must satisfy. Article 14 forbids class legislation but permits reasonable classification provided that it is founded on intelligible differentia which distinguishes persons or things that are grouped together from those that are left out of the group and the differentia has a rational nexus to the object sought to be achieved by the legislation in question. In National Council for Teacher Education v. Shri Shyam Shiksha 42 Prashikshan Sansthan, the Apex Court referred to a large number of judicial precedents involving interpretation of Article 14 and culled out several propositions including the following: 1. T he State, in the exercise of its governmental power, has of necessity to make laws operating differently on different groups or classes of persons within its territory to attain particular ends in giving effect to its policies, and it must possess for that purpose large powers of distinguishing and classifying persons or things 43 to be subjected to such laws. 2. T he constitutional command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula, therefore, classification need not be constituted by an exact or scientific exclusion or inclusion of persons or things. The courts should not insist on delusive exactness or apply doctrinaire tests for determining the validity of classification in any given case. Classification is 44 justified if it is not palpably arbitrary. Role of Women in Indian Polity

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3. T he principle underlying the guarantee of Article 14 is not that the same rules of law should be applicable to all persons within the Indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. It only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation, and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their 45 position is substantially the same. 4. B y the process of classification, the State has the power of determining who should be regarded as a class for purposes of legislation and in relation to a law enacted on a particular subject. This power, no doubt, in some degree is likely to produce some inequality; but if a law deals with the liberties of a number of well defined classes, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. Classification thus means segregation in classes which have a systematic relation, usually found in common properties and characteristics. It postulates a rational basis and does not 46 mean herding together of certain persons and classes arbitrarily. 5. T he law can make and set apart the classes according to the needs and exigencies of the society and as suggested by experience. It can recognize even degree of evil, but the classification should 47 never be arbitrary, artificial or evasive. 6. T he classification must not be arbitrary but must be rational, that is to say, it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of 48 the legislation. V. Right to Gender Equality and Sexual Harassment of Working Women Right to gender equality is a recognized right under the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).The right to equality and non-discrimination 34


is also stipulated in the International Covenant on Civil and Political Rights,1966 (ICCPR) under Article 26. According to Article 26, all persons are equal before the law and entitled without any discrimination to the equal protection of law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Thus, equality and non-discrimination is a recognized right under ICCPR. Article 14 of the Constitution of India declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 of the Constitution lays down that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them and no citizen shall be subjected to any disability, liability, restriction or condition on grounds of religion, race, caste, sex, place of birth or any of them in the matter of access to shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds dedicated to the use of the general public. Clause (3) of Article 15 contains an enabling provision and lays down that nothing in the Article shall prevent the State from making any special provision for women and children. Similar provisions have been made in Article 16 in the matter of public employment. Now question arises whether the right to equality and non-discrimination, as stated above, protects the right to gender equality? Effective judicial remedy for violation of the right to gender equality is an emerging issue in the contemporary India. More notable in this regard is the sexual harassment in the workplace case, Vishaka v. 49 State of Rajasthan (hereinafter referred to as Vishaka case). This case dealt with the incident of sexual harassment of a woman at work place which resulted in violation of fundamental right of gender equality and the right to life and liberty and laid down that in the absence of legislation. In this case, public interest writ petition was filed for the enforcement of the Fundamental Rights of working women under Articles 14, 19 and 21 of the Constitution of India in view of the prevailing climate in which the violation of these rights is not uncommon. With the increasing Role of Women in Indian Polity

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awareness and emphasis on gender justice, there has been an increase in the efforts to guard against such violations; and resentment towards 50 incidents of sexual harassment is also increasing . The present petition was brought as a class action by certain social activists and NGOs with the aim of focusing attention towards this societal aberration, and assisting in finding suitable methods for realization of the true concept of “gender equality”; and to prevent sexual harassment of working women in all work places through judicial process, to fill the vacuum in existing legislation. Allowing the petition, the Supreme Court observed: Each such incident results in violation of the fundamental rights of “Gender Equality” and the “Right to Life and Liberty”. It is a clear violation of the rights under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also the violation of the victim’s fundamental right under Article 19(1)(g) “to practice any profession or to carry out any occupation, trade or business”. Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women. Relying further on Articles 42, 51A (a) and (e), 51(c), 253 and Entry 14 of the Union List in Seventh Schedule of the Constitution of India, the Supreme Court held that in the absence of domestic law to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of international conventions and norms are significant for the purpose of interpreting the guarantee of gender equality, right to work with human dignity in Articles 14 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein. Any International Convention not inconsistent with the Fundamental Rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantee. Taking Support from the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women, it legislated a detailed guideline for observance at the workplace both by the State as well private employers. It directed that the above guidelines and norms would be strictly observed in all work places for the preservation and enforcement of the right to

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gender equality of the working women. These directions would be binding and enforceable in law until suitable legislation is enacted. Applying the 51 definition of sexual harassment in Vishaka case, the Supreme Court in 52 Apparel Export Promotion Council v. A.K. Chopra, observed:

There is no gainsaying that each incident of sexual harassment, at the place of work, results in violation of the Fundamental Right to Gender Equality and the Right to Life and Liberty - the two most precious Fundamental Rights guaranteed by the Constitution of India. As early as in 1993 at the 1LO Seminar held at Manila, it was recognized that sexual harassment of woman at the work place was a form of “gender discrimination against woman”. In our opinion, the contents of the fundamental rights guaranteed in our Constitution are of sufficient amplitude to encompass all facets of gender equality, including prevention of sexual harassment and abuse and the courts are under a constitutional obligation to protect and preserve those fundamental rights. That sexual harassment of a female at the place of work is incompatible with the dignity and honour of a female and needs to be eliminated and that there can be no compromise with such violations admits of no debate. The message of international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Woman, 1979 (“CEDAW”) and the Beijing Declaration which directs all State parties to take appropriate measures to prevent discrimination of all forms against women beside taking steps to protect the honour and dignity of women is loud and clear. The International Covenant on Economic, Social and Cultural Rights contains several provisions particularly important for woman.

In all circumstances, as stated above, the Supreme Court emphasizing the application of international human rights norms in 53 situations where we do not have inconsistent domestic law. In Vishaka 54 v. State of Rajasthan the Supreme Court elaborate guidelines have been


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laid down for observance in work places relating to sexual harassment of working women. All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways. (b) T he Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/ regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. (e) Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. (f) Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. (g) Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. 38


(h) Employees should be allowed to raise issues of sexual harassment at workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. (i) A wareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner. (j) W here sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. Now question arises whether the directives given by the Supreme Court in Vishaka case are constitutionally valid? In substance the Court has said in Vishaka case that it will become an interim Parliament and legislate on the subject until Parliament makes a law on the subject. Is this constitutionally valid? Can the Court convert itself into an interim Parliament and make law until Parliament makes a law on the subject? 55 In University of Kerala v. C. P. Colleges, Kerala, the Supreme Court held that the Vishaka directives will be treated as law under Article 141 of 56 the Constitution until Parliament makes a law on the subject. Thus, the Vishaka decision has laid down the guidelines and prescribed the norms to be strictly observed in all work places, both public and private, until 57 suitable legislation is enacted to occupy the field. In State of Punjab v. 58 Gurmit Singh, the Supreme Court held that in cases involving sexual harassment, molestation etc. the court is duty bound to deal with such cases with utmost sensitivity. The Supreme Court in Common Cause v. 59 Union of India, further observed: In the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at workplaces, some guidelines and norms for due observance at all workplaces or other institutions were required to be laid down by this Court until a legislation is enacted for the purpose and this Court made it clear that this was required to be done in exercise of the power available Role of Women in Indian Polity

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under Article 32 of the Constitution for enforcement of the Fundamental Rights guaranteed under Articles 14, 15, 19(1)(g) and 21 of the Constitution. VI. Right to Sexual Orientation of Women By far one of the most significant judgments affecting gender60 based rights was the Delhi High Court decision in Naz Foundation. The challenge in this case was to the constitutionality of section 377 of the Indian Penal Code, 1860. While the judgment covers many aspects of constitutional law, criminal law and the role of law in society, in this review only certain aspects of the judgment are highlighted. The court took the clear position that sexual orientation was a ground analogous to sex, and that, therefore, discrimination on the basis of sexual orientation was not permitted by article 15. As a result, any discrimination that targeted lesbians, gays, bisexuals, trans-genders, hijra and kothi persons (LGBT) based on their sexual orientation would be discriminatory. Developing on an earlier Supreme Court judgment in Anuj Garg v. 61 Hotel Association of India, the High Court pointed out that autonomy and self-determination were important parts of the right to equality and non-discrimination enshrined in article 15. The court also declared that the right of non- discrimination in article 15(2) “incorporates the notion of horizontal application of rights. In other words, it even prohibits discrimination of one citizen by another in matters of access to public spaces.” This is an important aspect of the judgment impinging on genderrights because it prohibits discrimination not only by the state but also private persons on the broad basis of sex, which is now deemed to include sexual orientation also. The right to sexuality and sexual preference is something that has long been denied or restricted in a patriarchal society. By declaring that every individual has the right to self-determination and the right to sexual orientation, the court has broken fresh ground in the development of constitutional rights in the country. VII. Social Justice and Abolition of Social Evils A. Untouchability, Traffic in Human Beings, Forced Labour In India, untouchability, traffic in human beings, forced labour are certain social evils adversely affecting women too. Great social injustice resulted from treating sections of the Hindu community as 62 “untouchable” and, therefore, Article 17 abolished untouchability. In 40


the light of Articles 15, 16 and 17 of the Constitution and in exercise of the power in second part of Article 17 and Article 35(a)(ii), the Untouchability (Offences) Act 1955 was made by Parliament, which was renamed in 1976 as “Protection of Civil Rights Act” ( PCR Act 1955). The PCR Act not only prevents and prohibits the practice untouchability but makes it an offence to practice it in any form. Thus, the Schedule Castes who were denied social integration and kept away from the mainstream of the national life due to practice of untouchability abolished by Article 17 are protected from discrimination. In Part III of the Constitution, in particular Articles 17 and 15(2) enable them to have access to public places and denial of equality due to untouchability was declared to be offence 63 punishable under PCR Act 1955. However, the PCR Act 1955 did not prove very effective because the prosecutions were few and convictions still few. Consequently, the Schedule Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 was enacted with much harsher and stricter provisions. The Supreme Court in State of Karnataka v. Appa 64 Balu Ingale, observed: Abolition of untouchability in itself is complete and its effect is all pervading applicable to state actions as well as acts of omission by individuals, institutions, juristic or body of persons. Despite its abolition it is being practised with impunity more in breach. More than 75% of the cases under the Act are ending in acquittal at all levels. Apathy and lack of proper perspectives even by the courts in tackling the naughty problem is obvious. For the first time after 42 years of the Constitution came into force this first case has come up to this Court to consider the problem. The Act is not a penal law simplicities but bears behind it monstrous untouchability relentlessly practiced for centuries dehumanising the Dalits, constitution’s animation to have it eradicated and to assimilate 1/5th of Nation’s population in the main stream of national life. Article 23 of the Constitution prohibits traffic in human beings 65 and beggar and other forms of forced labour and exploitation . Under Article 23 three unsocial practices are prohibited: (i) traffic in human beings, (i) begar and (i) similar forms of forced labour. Traffic in human Role of Women in Indian Polity

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beings means trade in human beings. Traffic in human beings includes 66 devadasis . Article 23 prohibits traffic in human beings and forced labour and makes it punishable under Suppression of Immoral Traffic in Women and Girls Act, 1956 which is renamed in 1990 as the Immoral Traffic (Prohibition) Act. The ban against traffic in human is absolute while prohibition against “forced labour” is made subject to one exception, i.e., State is permitted to impose compulsory service if such service is necessary for public purpose. Otherwise the ban against forced labour is also absolute. The expression “forced labour” seems to be collected with the word “begar”. The word “begar” was of Indian origin and has, in due course of time gained entry into the English vocabulary. That word is understood to be the labour or service which a person is forced to give 67 without receiving any remuneration for it. One very conspicuous kind of forced labour that has been prevalent in this country is the system of bounded labour. The Bounded Labour System (Abolition) Act, 1976 has abolished it and has made it a punishable offence. This Act was enacted with a view to giving effect to Article 23 of the Constitution which prohibits traffic in human beings and begar and other similar forms of forced labour. 68 The Supreme Court in Bandhua Mukti Morcha v. Union of India, the aforesaid terms have been expansively defined and explained. The court observed: Clause (d) of Section 2 defines “bonded debt” to mean an advance obtained or presumed to have been obtained, by a bonded labourer, under or in pursuance of, the bonded labour system. The expression ‘bonded labourer’ is defined in Clause (f) to mean “a labourer who incurs, or has or is presumed to have incurred a bonded debt”. Clause (g) defines “bonded labour system” to mean: the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor. B. Social Justice and Group Representation (i) General Reservation Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in education and public employment is introduced 42


for social upliftment of socially and educationally backward classes of people. Besides, there are some reservations in public elections. Thus, reservation is primarily done in three areas: (i) in elective bodies like the 69 Lok Sabha and the Bidhan Shabha, (ii) in admissions to educational institutions, and (iii) in appointment in public services. This reservation under the Constitution is an admixture of “social justice” with group 70 71 representation. Clauses (4) and (5) of Article 15 and clauses (4), 4(A) and 4(B) of Article 16 of the Constitution relate to them. As matter of fact, in some of the southern States, reservations in favour of Other Backward Classes were in vogue since quite a number of years prior to the Constitution. There was a demand for similar reservations at the center. The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and strident demand from certain sections of the society for providing reservations in their favour in the matter of public employment. While speaking on the draft Article 10(3) [corresponding 72 to Article 16(4)] Dr. Ambedkar had stated : “then we have quite a massive opinion which insists that although theoretically it is good to have the principle that there shall be equality of opportunity, there must at the same time be a provision made for the entry of certain communities which have so far been outside the 73 administration.” It was this demand which was mainly responsible for the incorporation of Clause (4) in Article 16.The primary and original provision is Clause (4) of Article 16 and rest of the clauses have been inserted either to provide for the same thing in additional areas or to put the loopholes noticed as a result of judicial decisions. Article 16(4) is an enabling provision and confers a discretionary power on the State to make reservation in the matter of appointments in favour of “backward classes of citizens” which in its opinion are not adequately represented either numerically or qualitatively in services of the State. In State of 74 Uttaranchal v. Sandeep Kumar Singh, the Supreme Court observed: “ Clauses (1) and (2) of Article 16 guarantee equality of opportunity to all citizens in the matter of appointment to any office or of any other employment under the State. Clauses (3) to (5), however, lay down several exceptions to the above rule of equal opportunity. Article 16(4) Role of Women in Indian Polity

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is an enabling provision and confers a discretionary power on the State to make reservation in the matter of appointments in favour of “backward classes of citizens” which in its opinion are not adequately represented either numerically or qualitatively in services of the State.” Reservation is the most effective means of ensuring the intended result and governments in independent India have been following the reservation procedure possibly for the reason that British government in pre-independent days was restoring to this method to allocate the respective quotas of different communal groups in certain fields. Thus, reservation is considered as a kind of “affirmative action” even though this is contested at times on the ground that in its true sense the term affirmative action should be limited to certain positive measures taken by the State to improve the competitive ability of the disadvantaged sections 75 of the society. It may be submitted that historic discrimination is not a valid criteria for determining the beneficiaries of affirmative action and the correct approach is to look at the continuing wrong and not past discrimination and that the quotas should not be a punishment for the non-reserved category resulting in reverse discrimination. According to Article 335, the claim of reservation shall be taken in to consideration in the matter of appointment to services and posts under the Union and the States, as far as may be consistence with maintenance of efficiency of the administration. Thus, there can be no compromise with the maintenance of administrative efficiency which is barred by Article 335 of the Constitution. Thus, Krishna Iyer, J., said in State of Kerala v. 76 N.M. Thomas , that “to relax basic qualification is to compromise with the minimum administrative efficiency and is presumably barred by 77 Article 335”. In Ashoka Kumar Thakur v. Union of India, following M. 78 79 R. Balaji and Indra Sawhney, the Supreme Court observed: “There can be no doubt that the Constitution-makers assumed… that while making adequate reservation under Article 16(4), care would be taken not to provide for unreasonable, excessive or extravagant reservation, for that would … materially affect efficiency. Therefore, like the special provision improperly made under Article 15(4), reservation made under Article 16(4) beyond the 44


permissible and legitimate limits would be liable to be challenged as a fraud on the Constitution”. (ii) Reservation for Women in Public Employment As stated above, the Article 335 of the Constitution of India imposed a restriction in case of claim of reservation for appointment to services and posts under the Union and the States. Thus, the constitutionality of quota-based reservation for women in public employment , and if so, the quantum of such reservations has been repeatedly raised before courts. These issues provided the courts an opportunity to clearly several important aspects of the nature of reservation for women under Article 15(3), their inter-relationship with vertical reservations under Articles 15(4) and 16(4) of the constitution and scope of “50 per cent rule” set 80 81 out in M. R. Balaji and Indra Sawhney. The state of Tamil Nadu had passed an order in 1986 where it was stated that for standards I-V, vacancies for the post of secondary grade teacher would be filled up exclusively by women teacher and only when such teachers were not available men teacher will be appointment. On challenge before the Supreme Court in 1997, this exclusive reservation was stayed but the earlier order of reserving one-third posts for women was permitted to continue. This order was challenged by the petitioners 82 in the case under review before the Madras High Court. Dismissing the petition, the High Court referred to the Supreme Court decisions 83 in Government of Andhra Pradesh v. P. B. Vtjayakumar and Toguru Sudhakar Reddy v. Govt. of Andhra Pradesh84 where the court upheld reservations for women and held that reservation even at levels beyond 50 per cent was permissible under article 15(3) of the Constitution. Preference given to women candidates in the appointment as principals of girls’ schools has often been challenged. The Madras High Court upheld government orders which provided that even if a male candidate was senior, a woman candidate should be preferred if 85 appointment was sought to be made in a girl’s high school. Citing the recent decision of the Supreme Court in Vijay Lakshmi v. Punjab 86 University where the court had held that sex was a sound basis for classification and that article 15(3) empowered the state to make special provision for women and children, the High Court upheld the appointment of a woman as headmistress of a girls’ school. Role of Women in Indian Polity

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87

Another case from the Madras High Court dealt with a similar issue. Rule 21 of the Tamil Nadu State and Subordinate Services Rules provided that a minimum of 30 per cent of all vacancies that were to be filled through direct recruitment should be set apart for women candidates. The rule further stipulated that in respect of the posts to which the rule of reservation of appointments applied, 30 per cent of vacancies should be set apart for women candidates in the existing categories of reservation for scheduled castes and scheduled tribes, backward classes and in general posts. The rule clarified that women candidates should also be entitled to compete for the remaining 70 per cent of vacancies along with male candidates. Based largely on the decision of the Supreme Court 88 in P. B. Vijayakumar the court upheld the reservation for women as a constitutionally permissible means to overcome backwardness. The court pointed out that reservation under article 15(3), and other provisions of articles 15 and 16 were designed to create an egalitarian society. The Madras High Court also had an occasion to deal with a similar case challenging the constitutionality of a rule that held that women alone shall be eligible for appointment to the post of district social welfare officer, child development project officer, taluk project nutrition officer and superintendent sheltered workshop for the blind. Upholding the rule, the High Court maintained that the government in exercise of its powers under article 309 of the Constitution was entitled to classify posts and lay down requirements for candidates filling up the posts. The court held that it was a policy decision of the government to reserve posts exclusively for women in view of special nature of those posts. Such a classification could be challenged if the said rules violated any constitutional mandate of equality. Dismissing the case, the court observed that the petitioners had been unable to prove that the ‘discrimination’ found in the impugned rule was based solely on sex. A related challenge to a decision of the state government allocating the supply of cooked food only to women self help groups 89 (SHGs) was rejected by the Calcutta High Court. The state government had taken a decision that the supply of food exclusively to the indoor patients of rural hospitals, block primary health centres and primary health centres in the state would be undertaken by SHGs and, further, that while selecting SHGs, only women SHGs which also satisfied other eligibility criteria could be selected. The High Court was of the view that whereas 46


under article 15(1) discrimination. in favour of men, only on the ground of sex was not permissible, when the state did discriminate in favour of women under article 15(3), it did not violate article 15(1). The court held that, “as a result of the joint operation of article 15(1) and article 15(3), the State may discriminate in favour of women against men, but it may not discriminate in favour of men against women.” The Kerala government passed an order whereby certain posts in the category of child development project officer and assistant child development project officer were reserved to be filled up exclusively by women officers. This was challenged by the male petitioners who submitted that their chances for promotion were unfairly discriminated 90 against. The High Court directed the government to consider issuing special promotion rules under the special rules for Kerala social welfare service, 1992 in order that the seniority of male project officers was not unfairly interfered with as a result of this reservation policy. It must be pointed out that unlike in the case of article 16 (4A), the effects on ‘consequential seniority’ are not available to women employees who obtain the benefit of reservation under article 15(3) of the Constitution. This is an instance where the reservations for employees based on sex alone stands on a footing different from that of reservations directed at groups considered to be backward classes of citizens. (iii ) Reservation for Women in Educational Institutions Is there any limitation in case of reservation for women in admissions to educational institutions. The Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2009 provide that the unreserved seat for Orthodontics would be filled for two years by an open candidate, and in the third year by a woman candidate alone. This form of horizontal reservation for women was challenged before the Madhya Pradesh High Court. The High Court upheld the constitutionality of reserving 30 percent of the unreserved seats for women. It pointed out that in not doing so, “female candidates who are socially and economically handicapped in our country may not be able to compete in the open competition with the male candidates and get an 91 opportunity to study.” It is submitted that the High Court appears to have missed the point that horizontal reservation for women is to benefit Role of Women in Indian Polity

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women as a class, including those who are socially and economically privileged. Reservation for women under article 15(3) does not always have as its goal social inclusion of bringing marginalised and backward sections into educational institutions. Rather, the idea is that women as a group should be present in institutions of higher learning, whatever be their social background. What the court envisages can only be achieved if reservations under article 15(4) were to incorporate a further reservation for women who comprise the socially and educationally backward groups targeted therein. The reservation of 90 per cent seats in a nursing degree course exclusively for women was challenged as violating the right to equality 92 before the Madras High Court. The court observed that the “very concept of nursing implies the service of women nurses” to justify the government’s decision to reserve bulk of the seats in the degree programme in favour of women. Upon challenge that such reservation 93 exceeded the 50 per cent rule laid down in the M.R. Balaji, the court reiterated that that ceiling only had relevance in the context of reservations made for backward classes of citizens under articles 15(4) and 16(4) of the Constitution. No doubt this is the correct legal position but the question that needs to be answered is whether such high levels of reservation in what are seen to be care-giving jobs, further reinforces popular perception that these are solely women’s jobs. Stereotyping women’s roles to such care work or domestic work has been an aspect of gender stereotyping that must be confronted if men and women are to enjoy equality both in the public and private sphere. In all these cases, the question whether resorting to reservation under article 15(3) can become a step that reinforces gender-stereotypes in society has unfortunately not been considered by the courts while upholding the constitutionality of such measures. Changing circumstances in society warrant that the lines of what constitute protection and special measures under article 15(3) should be carefully and periodically considered and re- assessed if required. (iv) Reservation for Women in Elected Bodies Reservations for women in elected bodies are another aspect of social justice emerging in India for last few years. Some of the cases pertaining to reservation for women related to such quotas in elected bodies also deal with such aspect. The Haryana Municipal Election Rules, 1978 had reserved the office of president of a municipal council 48


(to be elected from amongst the municipal councillors) for a general category candidate. A petition was filed challenging the eligibility of a woman councillor to contest for the office of president of a municipal council since she had got elected from a women’s constituency. The Punjab and Haryana High Court clarified that a woman councillor could not be prohibited from contesting elections for the office of president of a municipality. The court pointed out that one-third of the offices of president of municipalities across the state had been reserved for women, but this was only a minimum number. As a result, this would not preclude a woman candidate, elected from constituency reserved for women, from 94 contesting for the office of president. A similar question also arose in the state of Punjab. In accordance with the 73rd constitutional amendment, the Punjab State Election Commission Act, 1994 had reserved the office of panch and sarpanch for different groups including scheduled castes. Some of these offices were also reserved for scheduled caste (women) in accordance with the constitutional amendment reserving one-third of such seats for women. The Punjab and Haryana High Court clarified that a woman elected to the office of a panch , against a reserved category of scheduled caste (women) was eligible to contest for the post of sarpanch reserved for scheduled castes. The court pointed out that only a minimum one-third of the reserved offices had been reserved for women, and such women were free to contest for the office of sarpanch reserved for scheduled 95 castes. In the context of pervasive discrimination against women that the government had proposed an Equal Opportunity Commission Bill, 2008 that seeks to deal, inter alia, with gender- based discrimination. The 73rd and 74th constitutional amendments sought to increase the participation of women in panchayats and municipalities, and as translated in several state-level panchayat laws, sought to ensure a certain proportion of women as chairpersons of panchayats. The constitutionality of these amendments and state level laws has been the subject of constitutional challenge on the ground that such reservations violated the’ 50 per cent rule’ regarding reservations. 96

In a case before the Kerala High Court; the petitioners sought a declaration that articles 243D(2), 243D(3), 243D( 4) along with its second proviso, 243T(2), 243T(3) and the part of article 243T(4) of Role of Women in Indian Polity

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the Constitution of India providing for reservation in favour of women were beyond the amending power under article 368 since the said provisions damage part of the basic structure and likewise challenged certain provisions of the Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994 as unconstitutional. By virtue of article 243D and articles 243-P to 243-ZG, seats had been reserved in panchayats and municipalities for scheduled castes, scheduled tribes and women. The Kerala Panchayat Raj Act, 1994 provided for reservation for women in village panchayats, block panchayats and district panchayats. Similarly, one-third of the seats in village, block and district panchayats reserved for scheduled castes/scheduled tribes (SC/ST) were reserved for women belonging to those categories, and provision was also made that one- third of the total seats to be filled by elections, should be reserved for women. 97 The court referred to Govt. of Andhra Pradesh v. P.B. Vijaykumar and other cases to hold that reservation of posts for women or special preferences given to them was constitutionally valid. A constitution bench of the Supreme Court was dealing with a similar petition challenging the validity of the 73rd and 74th constitutional amendments for violation of the principles such as equality, democracy 98 and fraternity, which are part of the ‘basic structure’ of the Constitution. The petitioners contended that the Karnataka Panchayati Raj Act, 1993 which provided for the aggregate reservation of nearly 84 per cent of the seats in panchayats was excessive and violative of the equality clause. It was also contended that reserving seats and the position of chairperson in favour of other backward classes (OBCs) was an unjustified departure from the intent of the framers of the Constitution. It was also contended that OBCs did not need reservation benefits because empirical findings suggested that there was already a high degree of political mobilization among them. Arguing that such reservation of chairpersons interfered with the right to universal adult franchise, the petitioner stated that there might be very few persons from the reserved category in a particular village, thereby forcing voters to re-elect candidates belonging to the reserved categories despite dissatisfaction with their performance. In dealing with these challenges, the court stated that the principles contemplated by articles 15(4) and 16(4) for conferring reservation benefits cannot be mechanically applied in the context of reservations enabled by article 243-D and 243-T. Article 243-D(4) 50


provides for reserving the positions of chairperson in favour of SCs and STs (in a proportionate manner), while also providing that one-third of all chairperson positions in each tier of the panchayati raj institutions would be reserved in favour of women. The court held that the considerations behind the provisions of article 243-D cannot be readily compared with those of article 16(4) which is the basis for reservations in public employment. The court also indicated that the identification of ‘backward classes’ under articles 243- D(6) and 243-T(6) should be distinct from the identification of socially and educationally backward classes for the purpose of article 15(4) and of backward classes for the purpose of article 16(4). While it is a settled principle in the domain of service law that single posts cannot be reserved under the scheme of article 16(4), the court refrained from striking down reservations for chairperson positions in panchayats. The court argued that the positions of chairperson should not be viewed as solitary seats for the purpose of reservation. Instead, the frame of reference would be the entire pool of chairpersons in each tier of the three levels of panchayati raj institutions in the entire state, and such positions would be in proportion to the population of SCs and STs in the entire state. The court, therefore, upheld the constitutional provisions for reservation of chairpersons, including women chairpersons in the panchayats. The Madhya Pradesh High Court decided a challenge to the Municipalities Act, 1961 which was amended in 2007 to increase the reservation for women from 33 to 50 per cent in these bodies. The court pointed out that reservation under articles 15 and l6 was distinct from the reservations under article 243 of the Constitution. The court pointed out that in case of reservation of posts in government employment, the notion of horizontal reservation was applicable and if the requisite number of women had not been selected they would be selected against their respective social reservation categories as had been pointed out by the 99 Supreme Court. On the contrary, where seats are reserved for women in political constituencies, a fixed quota of seats would be reserved for women though a woman could contest from not only these seats but also the general seats. Thus, the concept of horizontal reservation and its modality of application are distinguishable from the case where seats are reserved for women in municipalities. The court was of the view that article 243T uses the term ‘not less than one-third’ which will permit the Role of Women in Indian Polity

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reservation of 50 per cent of the seats for women. The court read article 243T with article 15(3) of the Constitution to uphold the provision of reservation of 50 per cent of the seats for women. It must be pointed out that the question of reservation of seats under article 243 is once again an issue with the introduction of a constitution amendment bill in Parliament. The Constitution (One Hundred and Tenth Amendment) Bill, 2009 seeks to amend article 243D of the Constitution by proposing that the reservation of women in the total number of seats and offices of chairpersons and in the seats reserved for SCs and STs across three tiers should be raised from ‘not less than one-third’ to ‘not less than one-half’ and also proposing similar reservation for women belonging to the SC and ST categories in the offices of chairpersons in the panchayats at each level up to ‘not less than one-half’. The Constitution (One Hundred and Tenth Amendment) Bill, 2009, introduced in Lok Sabha on 26th November, 2009, was referred to the Standing Committee on Rural Development. The Standing Committee recommended that some measure of uniformity in the modalities of rotation of seats be provided in the Bill and that immediate steps should be taken to ensure effective implementation of capacity building plans so that the proposed increase in the reservation of seats for women in panchayats yields the intended results. VIII. Conclusion Social justice is one of the aspirations of the Constitution of India. The challenge of social justice is primarily a challenge to the society at large that how social justice is to be determined? However, “Rule of Law” is the determining factor of social justice. A meaningful definition of the rule of law must be based on the realities of contemporary societies and the realities of the contemporary societies are-men are in acute shortage of living accommodation and if they are prepared to bargain and rehabilitate themselves on competitive terms, they should be encouraged and no 100 technical rules should stand in their way . Following the lead taken by 101 Lord Diplock in Inland Revenue Commissioners, Bhagwati J. in S. P. 102 Gupta v. President of India, observed: Any member of the public having sufficient interest can maintain an action for judicial redress for public injury arising from breach of public duty or from violation of some provision of the Constitution or 52


the law and seek enforcement of such public duty and observance of such constitutional or legal provision. This is absolutely essential for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realisation of the constitutional objective “Law”, as pointed out by Krishna Iyer, J. in 103 Fertilizer Corporation Kamgar Union v. Union of India, “is a social auditor and this audit function can be put into action when someone with real public interest ignites the jurisdiction. A fear is sometimes expressed that if the Court keep the door wide open for any member of the public to enter the portals of the Court to enforce public duty or to vindicate public interest, the Court will be flooded with litigation”. However, until recently, despite diversity of approach, the Supreme Court, at least, had not crossed the normal boundaries of Public Interest Litigation (PIL). It is true that in the beginning the trend was to justify the PIL in terms of the grievances of those who were generally unable to approach a court because of their disadvantaged position in the society. But there was nothing wrong for the court to interfere on public issues of importance also. After all, the basic obligation of a court of law in public law litigation is to ensure that the rule of law prevails; for example, issue of the enforcement of international human rights by the Supreme Court in India. Protecting rights of women against sexual harassment at workplace in a PIL petition in Vishaka v. 104 State of Rajasthan, the Supreme Court observed: The principle of “Rule of Law” will not allow the rights of the individual to be curtailed by a treaty, which is considered to be an executive act. But a treaty containing or supportive of human rights instead of conflicting with the principle of the rule of law promotes it. It can, therefore, be enforced without legislative support. To achieve the Constitutional goal of social justice, a number of social evils like gender discrimination, untouchability, traffic in human beings, hazardous child labour, beggar and other forms of forced labour and exploitation are prohibited through enacting a number of legislations as well as judicial decisions. It is expected that these legislations will help to achieve the Constitutional goal of social justice. Group reservation for “Scheduled Castes”, “Scheduled Tribes” and “Other Backward Classes” including “Women Reservation” is an effective means of achieving social Role of Women in Indian Polity

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justice. In the group reservation policy, the very idea of “inadequately represented class” of citizens denotes that the mark of identity of the class is something more stable than mere economic backwardness because the poor man deserts his class the moment he gets the benefit inasmuch he ceases to be poor thereafter. It is well established fact that the legal challenge in respect to direct and indirect forms of discrimination against women in society is increasing. The courts in India are in process of developing test for determining if indirect discrimination is established. Establishing the existence of discrimination, particularly indirect discrimination, often requires the petitioners to collect empirical materials to prove that apparently gender neutral provisions disproportionately impact women and constitute forms of systemic discrimination. Besides, the Constitutional provisions dealing with cases of state-centric in several instances.

Endnotes 1. Amartya Sen, The Idea of Justice (Penguine Books, 2009) at p. 4. 2. Constituent Assembly was set up to frame the Constitution of India which began its deliberations on December 9, 1946, reassembled as the Sovereign Constituent Assembly for India after midnight of August 14, 1947. 3. Preamble to the Constitution of India provides: “JUSTICE, social, economic and political”. 4. India has been an active participant in the international human rights movement since early half of the twentieth century. Even before its independence, India become a member of the League of Nations and the International Labour Organization and actively participated in the drafting of the 1948 Universal Declaration of Human Rights[Adopted and Proclaimed by General Assembly Resolution 217 A (III) of 10 December 1948] . India has actively and unequivocally supported most of the international human rights and has ratified most of them. In 1979, India acceded to the 1966 International Covenant on the Civil and Political Rights (General Assembly Resolution 2200 A XXI of 16 December 1966, Entry into force on March 23, 1976)

54


and the 1966 International Covenant on the Economic, Social and Cultural Rights(General Assembly Resolution 2200 A XXI of 16 December 1966, Entry into force on January 3, 1976). 5. The Supreme Court in a number of cases held that equality, rule of law, judicial review, separation of powers, supremacy of the Constitution, federalism, secularism, sovereign, democratic, republican structure, freedom and dignity of the individual, unity and integrity of the nation, equal justice, social and economic justice, balance between fundamental rights and directive principles, independence of the judiciary, efficient judicial system, powers of the Supreme Court, effective access to justice are “basic structure” of the Constitution cannot be amended even by the amending power of the legislature under Article 368 of the Constitution of India. See, Ram Jethmalani v. Union of India, 2011 (6) SCALE 691: (2011) 8 SCC 1; Raghunathrao Ganpatrao v. Union of India, JT 1993 (1) SC 374: 1993 (1) SCALE 363; Minerva v. Union of India, AIR 1980 SC 1789: (1980) 2 SCC 591; Indira Nehru Gandhi v. Shri Raj Narain, AIR 1975 SC 2299: [1976] 2 SCR 347; Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461: (1973) 4 SCC 225. 6. For the concept of social justice, see, Harjinder Singh v. Punjab State Warehousing Corporation, AIR 2010 SC 1116: (2010) 3 SCC 192; Lingappa Pochanna Appelwar v. State of Maharashtra, AIR 1985 SC 389: (1985) 1 SCC 479;Sadhuram Bansal v. Pulin Behari Sarkar, AIR 1984 SC 1471: (1984) 3 SCC 410; D.S. Nakara v. Union of India, AIR 1983 SC 130: (1983) 1 SCC 305. 7. This is the concept of Roscoe Pound approved by the Supreme Court in Steel Authority of India v. Madhusudan Das, AIR 2009 SC 1153: (2008) 1 5SCC 560; Balbir Kaur v. Steel Authority of India, 2000 (4) SCALE 670: (2000) 6 SCC 493. 8. According to Article 394 of the Constitution, that Article and Articles 5 to 9, 60, 324, 366, 367, 379, 380, 388 and 391 to 393 came into force at once and the remaining provisions were to come into force on January 26, 1950. This date is referred to in the Constitution as the commencement of the Constitution. 9. The Supreme Court in a number of cases held that equality, rule of law, judicial review, separation of powers, supremacy of the Constitution, federalism, secularism, sovereign, democratic, republican structure, freedom and


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dignity of the individual, unity and integrity of the nation, equal justice, social and economic justice, balance between fundamental rights and directive principles, independence of the judiciary, efficient judicial system, powers of the Supreme Court, effective access to justice are “basic structure” of the Constitution cannot be amended even by the amending power of the legislature under Article 368 of the Constitution of India. See, Ram Jethmalani v. Union of India, 2011 (6) SCALE 691: (2011) 8 SCC 1; Raghunathrao Ganpatrao v. Union of India, JT 1993 (1) SC 374: 1993 (1) SCALE 363; Minerva v. Union of India, AIR 1980 SC 1789: (1980) 2 SCC 591; Indira Nehru Gandhi v. Shri Raj Narain, AIR 1975 SC 2299: [1976] 2 SCR 347; Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461: (1973) 4 SCC 225. 10. AIR 1997 SC 645: (1997) 9 SCC 377. 11. Municipal Corporation v. Female Workers, AIR 2000 SC 1274: (2000) 3 SCC 224. 12. Consumer Education and Research Center v. Union of India, AIR 1995 SC 922: (1995) 3 SCC 42. 13. Ramo Services v. Subhash Kapoor, AIR 2001 SC 207: (2001) 1 SCC 118. 14. Indra Das v. State of Assam, 2011 (2) SCALE 312: (2011) 3 SCC 380; Dev Dutt v. Union of India, 2008 (7) SCALE 403: (2008) 8 SCC 725; Government of Andhra Pradesh v. Smt. P. Laxmi Devi, AIR 2008 SC 1640: (2008) 4 SCC 720; Union of India v. Association for Democratic Reforms, AIR 2002 SC 2112: 2001 (4) SCALE 110; Kanhiya Lal v. R. K. Trivedi, AIR 1986 SC 111: (1985) 4 SCC 628. 15. Indira Sawhney v. Union of India, AIR 2000 SC 498: (2000) 1 SCC 168. 16. The Universal Declaration of Human Rights, was adopted by the UN General Assembly on December 10, 1948 to serve as “a common standard of achievement for all peoples and all nations”(Preamble).The Declaration affirming, inter- alia, in Articles 1 and 2 that “all persons are born free and equal in dignity and rights” and entitled to the enjoyment of human rights “without distinction of any kind.” 17. State of Bihar v. Upendra Narayan, 2009 (4) SCALE 282: (2009) 5 SCC 65. 18. P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226: (2004) 8 SCC 139. 19. Ashoka Kumar Thakur v. Union of India, 2008 (5) SCALE 1: (2008) 6 SCC 1. 56


20. General Assembly Resolution 2200 A XXI of 16 December 1966, Entry into force on March 23, 1976. 21. General Assembly Resolution 2200 A XXI of 16 December 1966, Entry into force on January 3, 1976. 22. Article 37, Constitution of India. On the issue of enforceability of Directive Principles, see , Unni Krishnan v. State of A.P., AIR 1993 SC 2178: (1993) 1 SSC 645; Tamil Nadu v. L. Abu Kavur, AIR 1984 SC 326: 1983 (2) SCALE 541; Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802: (1984) 3 SSC 161. 23. Akhil Bharatiya Soshit Karamchari Sangh v. Union of India, AIR 1981 SC 298: (1981) 1 SCC 246. 24. Maneka Gandhi v.Union of India, AIR 1978 SC 597: (1978) 1 SCC 248. 25. Umaji Keshao Meshram v. Radhikabai, AIR 1986 SC 1272: 1986 (1) SCALE 681. 26. Sir Ivor Jennings, The Law and the Constitution (University of London Press, 1959) Ch. III, Sec. 2. 27. K.T. Plantation v. State of Karnataka, JT 2011 (8) SC 65: 2011 (8) SCALE 583; Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh, AIR 2011 SC 1834: (2011) 5 SCC 29. 28. Chandra Bhavan v. State of Mysore, AIR 1970 SC 2042: (1969) 3 SCC 84. 29. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461: (1973) 4 SCC 225. 30. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789: (1980) 2 SCC 591. 31. Minerva Mills v. Union of India, AIR 1980 SC 1789: (1980) 3 SCC 625. 32. Indra Sawhney v.Union of India , AIR 1993 SC 477: (1992) Supp 2 SCR 454. 33. All India Anna Dravida Munnetra Kazhagam v. L.K. Tripathi, AIR 2009 SC 1314: (2009) 5 SCC 417; T.N. Godavarman Thirumulpad v. Ashok Khot, AIR 2006 SC 2007: (2006) 5 SCC 1; Mohd. Aslam v. Union of India, AIR 1995 SC 548: (1994) 6 SCC 442; A.R. Antulay v. R.S. Nayak, AIR 1988 SC 1531: (1988) 2 SCC 602. 34. Dicey, Law of the Constitution, (Tenth Edn.) p. 193. 35. M. P. Rural Agriculture Extension Officers Association v. State of M.P., AIR


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2004 SC 2020: (2004) 4 SCC 646 ; Mew Ram Kanojia v. All India Institute of Medical Sciences; AIR 1989 SC 1256: (1989) 2 SCC 235. 36. Satyawati Sharma v. Union of India, AIR 2008 SC 3148: (2008) 5 SCC 287. 37. Ajmer Singh v. State of Haryana, 2010 (2) SCALE 362: (2010) 3 SCC 746. 38. State of Karnataka v. Hansa Corporation, AIR 1981 SC 463: (1980) 4 SCC 697. 39. Transport and Dock Workers Union v. Mumbai Port Trust, (2011) 2 SCC 575: 2010 (12) SCALE 217 ; Lingegowd Detective and Security Chamber v. Mysore Kirloskar Limited, AIR 2006 SC 1967 : JT 2006 (5) SC 452; K.R. Lakshman v. Karnataka Electricity Board, JT 2001 (1) SC 196: 2000 (8) SCALE 230; State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75: 1952 Cri LJ 510. 40. A.K. Behra v. Union of India, 2010 (5) SCALE 473: (2010) 11 SCC 322; Confederation of Ex-Servicemen Associations v. Union of India, AIR 2006 SC 2945: 2006 (8) SCALE 399; Prabodh Verma v. State of Uttar Pradesh, AIR 1985 SC 167: 1984 (2) SCALE 87. 41. Dhirendra Pandua v. State of Orissa, AIR 2009 SC 163: JT 2008 (10) SC 347; P.K. Kapur v. Union of India, 2007 (2) SCALE 447: (2007) 9 SCC 425; State of Tamil Nadu v. M. Krishnappan, AIR 2005 SC 2168: (2005) 4 SCC 53; Ashutosh Gupta v. State of Rajasthan, AIR 2002 SC 1533: 2002 (3) SCALE 203. 42. AIR 2011 SC 932: (2011) 3 SCC 238. 43. Heena Kausar v. Competent Authority, AIR 2008 SC 2427: 2008 (7) SCALE 331. 44. Sushma Sharma v. State of Rajasthan, AIR 1985 SC 1367: 1985 (1) SCALE 523. 45. A.K. Behra v. Union of India, 2010 (5) SCALE 473: (2010) 11 SCC 322. 46. V.C. Shukla v. State, (1980) 2 SCC 665: 1980 Supp (1) SCC 249; State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75: (1952) 1 SCR 284. 47. Paradise Printers v. Union Territory of Chandigarh, AIR 1988 SC 354: (1988) 1 SCC 440 48. See, Express v. Union of India, AIR 2004 SC 1950: (2004) 11 SCC 526; Union of India v. Elphinstone , AIR 2001 SC 724: (2001) 4 SCC 139; D.S. 58


Nakara v. Union of India, AIR 1983 SC 130: 1982 (2) SCALE 1213; In Re: The Special Courts Bill, 1978, AIR 1979 SC 478: (1979) 1 SCC 380. 49. AIR 1997 SC 3011: JT 1997 (7) SC 384. 50. Bachpan Bachao Andolan v. Union of India, 2011 (4) SCALE 769: (2011) 5 SCC 1; Rajiv Ranjan Singh v. Union of India, 2006 (8) SCALE 161: (2006) 6 SCC 613; T.N. Godavarman Thirumulpad v. Union of India, AIR 2006 SC 1774: (2006) 5 SCC 45. 51. According to Vishaka case sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as: a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. See also, D. S. Grewal v. Vimmi Joshi, 2009 (1) SCALE 54: (2009) 2 SCC 210. 52. AIR 1999 SC 625: JT 1999 (1) SC 61. 53. Anuj Garg v. Hotel Association of India, AIR 2008 SC 663: (2008) 3 SCC 1; State of West Bengal v. Kesoram Industries Ltd., (2004) 10 SCC 201: [2004] 2 SCR 564. 54. AIR 1997 SC 3011: JT 1997 (7) SC 384. 55. AIR 2010 SC 2532: (2009) 15 SCC 301. 56. Article 141 of the Constitution unequivocally indicates that the “law declared by the Supreme Court shall be binding on all courts within the territory of India”. See, Fida Hussain v. Moradabad Development Authority, JT 2011 (8) SC 333: 2011 (7) SCALE 757; Director of Settlements v. M. R. Apparao, AIR 2002 SC 1598: (2002) 4 SCC 638. 57. Delhi Jal Board v. National Campaign for Dignity and Rights, JT 2011 (8) SC2 32: 2011 (7) SCALE 489. 58 .AIR 1996 SC 1393. 59. AIR 2010 SC 3351: [2010] 10 SCR 124. 60. Naz Foundation v. Government of NeT of Delhi, (2009) 160 DLT 277. 61. (2008) 3 SCC 1. 62 M. Nagaraj v. Union of India, AIR 2007 SC 71: (2006) 8 SCC 212; N. Adithayan v. The Travancore Devaswom Board, AIR 2002 SC 3538: (2002) 8 SCC 106. Role of Women in Indian Polity

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63. Scheduled Castes and Scheduled Tribes Officers Welfare v. State of Uttar Pradesh, AIR 1997 SC 1451: (1997) 1 SCC 701. 64. AIR 1993 SC 1126: 1992 (3) SCALE 339. 65. Neeraja Chaudhary v. State of M.P., AIR 1984 SC 1099: (1984) 3 SCC 243. 66. Vishal Jeet v. Union of India, AIR 1990 SC 1412: (1990) 3 SCC 318. 67. State of Gujarat v. Hon’ble High Court of Gujarat, AIR 1985 SC 389: (1985) 1 SCC 479. 68. AIR 1984 SC 802: (1984) 3 SCC 161. 69. Constitution of India, Article 330 and 332. 70. Insured in 1951 by the Constitution( First Amendment) Act to enable the Government to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled tribes insofar as such special provisions relate to their admission to educational institutions. 71. This was insured in 2005 by the Constitution (Ninety Third Amendment) Act to extend the benefit of reservation to other educational institutions including self-financing pribate educational institutions. 72. C. A. D., Vol. VII at p. 701. 73. See also, Indra Sawhney v. Union of India, AIR 1993 SC 477: (1992) Supp 2 SCR 454. 74. JT 2010 (11) SC 140: (2010) 12 SCC 794. See also, Subhash Chandra v. Delhi Subordinate Services Selection Board, 2009(11) SCALE 278: (2009) 15 SCC 458; S. Pushpa v. Sivachanmugavelu, AIR 2005 SC 1038: (2005) 3 SCC 1. 75. Indra Sawhney v. Union of India, AIR 1993 SC 477: (1992) Supp 2 SCR 454. 76. AIR 1976 SC 490: (1976) 2 SCC 310. 77. 2008 (5) SCALE 1: (2008) 6 SCC 1. See also, Indra Sawhney v. Union of India, JT 1992 (6) SC 273: [1992] 6S CR 321; M.R. Balaji v. State of Mysore, AIR 1963 SC 649: (1963) Supp 1 SCR 439. 78. M. R. Balaji v. State of Misore, AIR 1963 SC 649. 79. Indra Sawhney v. Union of India, 1992 Supp(3) SCC 217. 80. M. R. Balaji v. State of Misore, AIR 1963 SC 649. 60


81. Indra Sawhney v. Union of India, 1992 Supp(3) SCC 217. 82. Pugazendi v. State of Tamil Nadu, 2009 Indlaw Mad 835. 83. 1995 (4) SCC 520. 84. Suppl (4) SCC 439. 85. M Muruganandam v. The Government of Tamil Nadu, MANU/TN/0033/2009. 86. JT 2003(8) SC 259. 87. G. Vijayaraghavan v. State of Tamil Nadu, 2009 lndlaw Mad 1934. 88. Government of Andhra Pradesh v. P.B. Vtjayakumar, 1995 (4) SCC 520. 89. Sudarsan Dhari Mondal v. State of West Bengal, 2009 Indlaw Cal 697. 90. K.P. Shamsu v. State of Kerala, decided on 13 March, 2009 (Ker). 91. Salish Menon v. State of Madhya Pradesh, AIR 2009 MP 185. 92. G Parimelazhagan v. State of Tamil Nadu, AIR 2009 Mad 54. 93. M. R. Balaji v. State of Misore, AIR 1963 SC 649. 94. Manoj v. Stale ofHaryana, AIR 2009 (NOC) 427 (P&H). 95. Parmjit Singh v. State of Punjab, AIR 2009 P&H 7. 96. M.J. Simon v. Union of india, decided on 11 January, 2010. 97. AIR 1995 SC 1648. 98. K. Krishna Murthy v. Union of India (2010) 7 SCC 202. 99. Rajesh Kumar Daria v. Rajasthan Public Service Commission, AIR 2007 SC 3127. 100.Sadhuram Bansal v. Pulin Behari Sarkar, AIR 1984 SC 1471: (1984) 3 SCC 410. 101. R. v. I.R.C. Exp. of Self- Employed (1982) A.C. 617. 102.AIR 1982 SC 149: [1982] 2 SCR 365. 103. AIR 1981 SC 844: (1981) 1 SCC 568. 104. AIR 1997 SC 3011: JT 1997 (7) SC 384. See also, Aban Loyd Chiles Offshore Ltd. v. Union of India, (2008) 11 SCC 439: 2008 (128) ECC 213; Sarabjit Rick Singh v. Union of India, 2007 (14) SCALE 263: (2008) 2 SCC 417.


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Chapter - 3

Role of Indian women in Freedom Struggle

Dr. S. F. R. Khadri*

The entire history of the freedom movement is replete with the saga of bravery, sacrifice and political sagacity of great men and women of the country. This struggle which gained momentum in the early 20th century, threw up stalwarts like Mahatma Gandhi, Lala Lajpat Rai, Motilal Nehru, Abul Kalam Azad, C. Rajagopalachari, Bal Gangadhar Tilak, Gopal Krishna Gokhale, Jawaharlal Nehru and Subash Chander Bose. Their number and stature often gives us an erroneous impression that it was only a man’s movement. But it is not so. Many prominent women played a leading role in the freedom movement. The important place assigned to women in India dates back to the time of the Vedas and Smritis. Manu declared that where women were adored, Gods frequented that place. During the Vedic age the position of women in society was very high and they were regarded as equal partners with men in all respects. Who had not heard of Maitreye, Gargi, Sati Annusuya and Sita? In keeping with this tradition, burden of tears and toils of the long years of struggle for India’s freedom was borne by the wives, mothers, and daughters, silently and cheerfully. The programme of self-imposed poverty and periodical jail going was possible only because of the willing co-operation of the family women. In the various resistance movements *Professor and Head, Department of Geology, Sant Gadge Baba Amravati University Amravati-444602 (MS)

in the villages, the illiterate women played this passive but contributory part as comrades of their men folk. Introduction The history of Indian Freedom Struggle would be incomplete without mentioning the contributions of women. The sacrifice made by the women of India will occupy the foremost place. They fought with true spirit and undaunted courage and faced various tortures, exploitations and hardships to earn us freedom. When most of the men freedom fighters were in prison the women came forward and took charge of the struggle. The list of great women whose names have gone down in history for their dedication and undying devotion to the service of India is a long one.Woman’s participation in India’s freedom struggle began as early as in1817 .Bhima Bai Holkar fought bravely against the British colonel Malcolm and defeated him in guerilla warfare. Many women including Rani Channama of Kittur, Rani Begam Hazrat Mahal of Avadh fought against British East India company in the 19th century; 30 years before the “First War of Independence 1857” .The role played by women in the War of Independence (the Great Revolt) of 1857 was creditable and invited the admiration even leaders of the Revolt. Rani of Ramgarh, Rani Jindan Kaur, Rani Tace Bai, Baiza Bai, Chauhan Rani, Tapasvini Maharani daringly led their troops into the battlefield. Rani Lakshmi Bai of Jhansi whose heroism and superb leadership laid an outstanding example of real patriotism .Indian women who joined the national movement belonged to educated and liberal families, as well as those from the rural areas and from all walk of life, all castes, religions and communities. Sarojini Naidu, Kasturba Gandhi, Vijayalakmi Pundit and Annie Bezant in the 20th century are the names which are remembered even today for their singular contribution both in battlefield and in political field. Let us elucidate the role of Indian women who participated in the freedom struggle against British East India Company and British Empire and made great and rich contributions in various ways. Milestones in India’s Freedom Struggle The history of Indian Freedom Struggle can be divided in to three stages. First stage was before ‘the First War of Independence 1857’ (The battle of Plassey was in 1757 and it success paved the way to strengthen the political power of British East India Company in India.) Unorganized Role of Women in Indian Polity

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and localized fighting known as Resistance Movement carried through by patriots like Pazhassi Raja; popularly known as the Lion of Kerala (died on 1805) and Veluthampi Dalawa (died on1809). The 2nd stage was during 1857 to 1919, when the strong feeling and thirst for freedom developed and agitation initiated all over the country against the British East India Company. The 3rd stage was during 1920 to 1947, when organizations were formed national wide and well organized meetings, Sathyagrahas, demonstrations were arranged and launched a series of mass movements - the Non Cooperation Movement, the Civil Disobedience Movement etc .This has developed step by step and unbeaten strength, unity, oneness amongst Indians and that lead to independence/ The 2nd and 3rd stages are considered the milestones in Freedom Struggle and let us see the details in brief.The First War of Independence (1857-58) It was the first general agitation against the rule of the British East India Company. The Doctrine of Lapse, issue of cartridges greased with cow and pig fat to Indian soldiers at Meerut ‘triggered the fire’. Further, the introduction of British system of education and a number of social reforms had infuriated a very wide section of the Indian people, soon became a widespread agitation and posed a grave challenge to the British rule.As a result of this agitation the East India Company was brought under the direct rule of the British Crown.Even though the British succeeded in crushing it within a year, it was certainly a popular revolt in which the Indian rulers, the masses and the militia participated so enthusiastically that it came to be regarded as the First War of Indian Independence. Rani Lakshmibai was the great heroine of the First war of India Freedom. She showed the embodiment of patriotism, self-respect and heroism. She was the queen of a small state, but the empress of a limitless empire of glory.2.2. Partition of Bengal; Swadeshi Movement (1905) Movement emanated from the partition of Bengal, 1905 and continued up to 1908.It was a successful economic strategy to remove the British Empire from power and improve economic conditions in India through following principles of swadeshi (self-sufficiency). Women joined men to protest this division by boycotting foreign goods and buying only Swadeshi goods, i.e. goods produced in the territory of Bengal. Mrs. Nonibala Devi joined the new Jugantar Party which was dedicated to aggressive movement. Jalianwalabagh massacre (1919) 64


General Dyer’s Jalianwala Bagh massacre followed the strike wave, when an unarmed crowd of 10,000 Baisakhi celebrators was mercilessly attacked with over 1600 rounds of ammunition. Yet, Gandhi continued to advocate cooperation with the British in December 1919, even as the resistance of ordinary Indians continued. The first six months of 1920 saw an even greater level of mass resistance, with no less than 200 strikes taking place involving 1.5 million workers. It was in response to this rising mass revolutionary tide that the leadership of the Congress was forced to confront its conservatism and give a somewhat more militant face to its program. The “non-violent non-cooperation” movement was thus launched under the stewardship of leaders like Mahatma Gandhi, Lajpat Rai and Motilal Nehru. The entire history of the freedom movement is replete with the saga of bravery, sacrifice and political sagacity of hundreds and thousands of women of our country. Their participation in the struggle began as early as 1817 when Bhima Bai Holkar fought agaist the British Colonel Malcolm and defeated him in guerilla warfare. At a very critical time for our mother land when the British East India Company was fast expanding its empire in India, when Tipu Sultan had been eliminated (1799), the proud Marathas had been humbled (1815), Chennamma the widowed queen of Raja Malla Sarja frustrated the machinations of British to annex her kingdom Kittore, a tiny principality in the present Belgaum District of Karnataka.She fought against the mighty British army and scored initial success.No other woman warrior in the history of India has made such a powerful Role of Women in India’s Struggle For Freedom Siddhartha Dash impact on the minds of the Indian people as the Rani of Jhansi, Lakshmi Bai. She wasthe second wife of the ruler ofJhansi Raja Gangadhar Rao protested against the ‘Doctrine of Lapse’. She refused to surrender Jhansi and fought bravely attired as a male during the Revolt of 1857 and died in the battle field fighting the British forces. Her courage inspired many Indians to rise against the alien rule. Another woman whom we remember in this context was Hazrat Mahal Begum. She was the wife of the deposed ruler of Lucknow who actively took part in the revolt of 1857 against the Doctrine of Lapse under which Dalhousie wanted her to surrender Lucknow. She gave stiff resistance. But after the fall of Lucknow she escaped to Kathmandu. Kasturba, the wife of Mahatma Gandhi, was one of the foremost supporters of the Gandhi’s Role of Women in Indian Polity

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programmes. One of the first women to be imprisoned in Transvaal, she took part in the Quit India Movement (1942) and was arrested. She died while imprisoned in Poona.Many women of Nehru family joined the freedom movement. The mother of Jawaharlal Nehru, Swarup Rani Nehru cheerfully gave her husband and children to the country’s cause and she herself, old and frail, entered the fray at its thickest. Kamala Nehru, married to Jawaharlal Nehru in 1916, participated in various movements, led the Civil Disobedience Movement. She played a prominent part in organizing the No Tax Campaign in the United Provinces (Now Uttar Pradesh). Jawaharlal Nehru’s sister Vijay Laxmi Pandit entered the Non- Cooperation Movement. She was imprisoned thrice in connection with the Civil Disobedience Movement in 1932, 1941 and 1942. In 1937 she was elected to the provincial legislature of the United Provinces and was designated minister of local self government and public health. She played an important role as India’s representative in San Francisco during the first meeting of the UN where she challenged the might of the British. She was the first woman to become the President of the United Nations General Assembly. When she was just 13 years old, Indira Gandhi organized a ‘Monkey Army’ (Vanar Sena) comprising of young teenagers which proved her intention to fight for the independence of her country. She joined Congress in 1938 and was imprisoned for 13 months in 1942 by the British. She was India’s first and only female prime minister. Four generations of dedication to public causes by the Nehru family stands out as unique in the annals of history. Rani Laxmibai The first name that comes to mind is that of the famous Rani Laxmibai of Jhansi. Dressed in men’s clothes, she led her soldiers to war against the British. Even her enemies admired her courage and daring. She fought valiantly and although defeated she refused to surrender and fell as a warrior should, fighting the enemy to the last. Her remarkable courage inspired many men and women in India to rise against the alien rule. Rani Lakshmi Bai of Jhansi whose heroism and superb leadership laid an outstanding example for all future generations of women freedom fighters. Married to Gangadhar Rao head of the state of Jhansi. She was not allowed to adopt a successor after his death by the British, and Jhansi was annexed.With the outbreak of the Revolt she became determined to fight back. She used to go into the battlefield dressed as a man. Holding 66


the reins of there horse in her mouth she used the sword with both hands. Under her leadership the Rani’s troops showed undaunted courage and returned shot for shot. Considered by the British as the best and bravest military leader of rebels this sparkling epitome of courage died a hero’s death in the battlefield. The first name that comes to mind is that of the famous Rani Laxmibai of Jhansi. Dressed in men’s clothes, she led her soldiers to war against the British. Even her enemies admired her courage and daring. She fought valiantly and although beaten she refused to surrender and fell as a warrior should, fighting the enemy to the last. Her remarkable courage inspired many men and women in India to rise against the alien rule Begum Hazrat Mahal Another woman whom we remember in this connection was Begum Hazrat Mahal, the Begaum of Oudh. She took active part in the defence of Lucknow against the British. Although, she was queen and used to a life of luxury, she appeared on the battle-field herself to encourage her troops. Begam Hazrat Mahal held out against the British with all her strength as long as she could. Ultimately she had to give up and take refuge in Nepal. During the later half of the 20th century the struggle for freedom gained momentum and more women took leading part in it. Begum Hazrat Mahal, the Begaum of Oudh. She took active part in the defence of Lucknow against the British. Although, she was queen and used to a life of luxury, she appeared on the battle-field herself to encourage her troops. Begam Hazrat Mahal held out against the British with all her strength as long as she could. Ultimately she had to give up and take refuge in Nepal. Begum Hazrat Mahal was the wife of Nawab Wajid Ali Shah. Begum Hazrat Mahal was endowed with great physical charm and grace as well as organizational skills. After, her husband was exiled to Calcutta, she took charge of the affairs of the state of Awadh, which then was a large part of the current state of Uttar Pradesh, India. During India’s First War of independence (1857-58), she led a band of her supporters against the British, and was even able to seize the control of Lucknow. She declared her son Birjis Qadra as the king of Awadh. She is believed to have worked in close association with other leaders of the India’s First War of Independence, including Nana Sahib. When the forces under the command of the British re-captured Lucknow and most part of the Awadh, she was forced to retreat. She Role of Women in Indian Polity

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turned down all offers of amnesty and allowances by the British rulers. Ultimately, she had to retreat to Nepal, where she was offered asylum by the Rana prime minister Jung Bahadur. She died there in 1879 and was buried in a nameless grave on the grounds of Kathmandu’s Jama Masjid. Government of India issued a commemorative stamp in the honour of Begum Hazrat Mahal on 10th May 1984 Kasturba Gandhi Kasturb Gndhi (April 11, 1869 – 22 February 1944), affectionately called Ba, was the wife of Mohandas Gandhi. Kasturba Gandhi, Mahatma Gandhi’s wife joined her husband while he was in South Africa and worked with him for many years there. She was a leader of Women’s Satyagraha for which she was imprisoned. She helped her husband in the cause of Indigo workers in Champaran, Bihar and the No Tax Campaign in Kaira, Gujarat. She was arrested twice for picketing liquor and foreign cloth shops, and in 1939 for participating in the Rajkot Satyagraha. Born to Gokuladas Makharji of Porbandar. Kasturba married Mohandas Karamchand Gandhi (Mahatma Gandhi) through arrangement. They were both 13 years old. At that time, she was illiterate, and so Gandhi taught her to read and write — a potentially radical move, given the position of women in India at that time. When Gandhi left to study in London in 1888, she remained in India to raise their newborn son Harilal. She had three more sons Manilal (1892), Ramdas (1897), and Devdas (1900). In 1906, Mohandas Gandhi decided to practice brahmacharya, and the couple became celibate. Although she stood by her husband, she did not always easily accept his ideas. Gandhi had to work hard to persuade her to see (and agree to) his points of view. Kasturba was deeply religious. Like her husband, she renounced all caste distinctions and lived in ashrams. Kasturba often joined her husband in political protests. She traveled to South Africa in 1897 to be with her husband. From 1904 to 1914, she was active in the Phoenix Settlement near Durban. During the 1913 protest against working conditions for Indians in South Africa, Kasturba was arrested and sentenced to three months in a hard labor prison. Later, in India, she sometimes took her husband’s place when he was under arrest. In 1915, when Gandhi returned to India to support indigo planters, Kasturba accompanied him. She taught hygiene, discipline, reading and writing to women and children. 68


Kasturba suffered from chronic bronchitis. Stress from the Quit India Movement’s arrests and ashram life caused her to fall ill. After contracting pneumonia, she died from a severe heart attack on February 22, 1944. She died in Mahatma Gandhi’s arms while both were still in prison. He was never the same after her death. The life companion of the Father of the Nation contributed her mite to the freedom movement in a subtle manner. As the closest associate of Gandhiji during his epic struggle in South Africa and in India, she suffered in no small measure. One simply marvels and wonders how this quiet self-effacing woman underwent countless trails as Gandhiji’s wife, and how gallantly she agreed to the Mahatma’s endless experiments and self-imposed life of poverty and suffering. Swarup Rani and Kamala The mother of Jawaharlal Nehru, Swarup Rani Nehru cheerfully gave her husband and children to the country’s cause and herself, old and frail entered the fray at its thickest. Jawaharlal’s brave wife, Kamala; kept smiling all through the long years of travail of her brief life. Kamala Nehru was a flame that flickered briefly in the raging storm of the freedom movement in India. Not everybody knows that she braved lathi-charges, picketed liquor shops and languished in jail for the cause of Indian independence. She influenced her husband Jawaharlal and stood by him in his determination to plunge into the movement started by Mahatma Gandhi, to free the motherland from the clutches of the British rulers. With Jawaharlal away in prison, Kamala took to social work to begin with. She started a dispensary in her house in Allahabad and also started a movement for women’s education and to get them out of purdah. As a member of the Rashtriya Stree Sabha which was set up on a Jallianwala Day in 1921, Kamala Nehru worked for the entry of Harijan into temples. Kamala Nehru was first among the group of volunteers to sell contraband salt during the Salt Satyagraha. All through the long months of 1930, the Desh Sevika Sangh which she led along with Kusturba Gandhi and Sarojini Naidu, did hard jobs like policing disturbed areas in Bombay. While the men were in jail, they took over.Many women of the Nehru family too had joined the Civil Disobedience Movement. Kamala Nehru, Jawaharlal Nehru’s wife gave full support to her husband in his desire to work actively for the freedom struggle. In the Nehru hometown of Allahabad she organized processions, addressed meetings and led Role of Women in Indian Polity

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picketing of liquor and foreign cloth shops. She played a prominent part in organizing the No Tax Campaign in United Provinces (now Uttar Pradesh). Kamala Kaul Nehru (1899–1936) was the wife of Jawaharlal Nehru, leader of the Indian National Congress and first Prime Minister of India. Kamala married Nehru on 8 February 1916. Their marriage was arranged by his parents. Brought up in a traditional Hindu Brahmin family, she felt alienated amongst the more Westernized Nehrus. It was only with the involvement of the Nehrus in the national movement, that she emerged into the forefront. In the Non Cooperation movement of 1921, she organized groups of women in Allahabad and picketed shops selling foreign cloth and liquor. When her husband was arrested to prevent him delivering a “seditious” public speech, she went in his place to read it out. She was twice arrested by British authorities. Described as pretty, slim, and tender, Kamala was quiet, unobtrusive, and is thought to have had little impact on her husband. In 1917, she gave birth to a daughter, Indira Priyadarshini, who later succeeded her father as prime minister and head of the Congress party. Kamala died from tuberculosis in Switzerland while her husband was in prison. She spent some time at Gandhi’s ashram with Kasturba Gandhi where she built a close friendship with Prabhavati Devi wife of Jayaprakash Narayan. Sarojini Naidu Great as a poet and orator, Sarojini Naidu was one of the most enlightened women of modern India. She was one among the many men and women who dedicated their lives for the freedom struggle of the counry under the guidance of Gandhiji. At a very young age she wrote many patriotic poems which inspired people in India to throw off the foreign yoke. She joined the Home Rule movement launched by Annie Besant. This was her first step in politics. On the call of Gopal Krishna Gokhale, she joined the Indian National Congress in 1915. She propounded the idea of Swarajya in her powerful speech at the Lucknow Conference in 1916. in 1921 she participated in the NonCooperation movement launched by Mahatma Gandhi. She became President of the Congress in 1925. When Mahatma Gandhi started his Civil disobedience movement in 1930, Sarojini Naidu became his principal assistant. She was arrested along with Gandhiji and other leaders. But this did not deter her spirits. In 1931, she was invited along 70


with Gandhiji to the Second Round Table Conference in London. In 1942, Sarojini Naidu joined the “Quit India” movement launched by Gandhiji and again was victim of the wrath of the British government and jailed. The repeated jail terms only gave her more courage and she continued to take active part in the freedom movement. After India became independent in 1947, she was appointed Governor of Uttar Pradesh as a token of recognition of her services. The other remarkable woman elected to the presidentship Indian National Congress was Sarojini Naidu. She became its president.dramatic meeting with another respected leader of time, Gokhle, in 1906 was to change her life forever. His response to her fiery speech brought into her life the impact of a visionary who saw in her oratory and brilliance a leader of the future. The period from 1917 to 1919 was the most dynamic phase of Sarojini’s career. During this time, she campaigned for the Montagu Chelmsford Reforms, the Khilafat issue, the draconian Rowlett Act and the Satyagraha. When Gandhi launched the Civil Disobedience Movement ,she proved a faithful lieutenant. With great courage she quelled the rioters, sold proscribed literature, addressed frenzied meetings on the carnage at Jallianwala Bagh in Amritsar.In 1930 when Mahatma Gandhi chose her to lead the Salt Satyagraha the stories of her courage became legion. After Gandhi’s arrest she had prepared 2,000 volunteers under the scorching sun to raid the Dahrsana Salt Works, while the police faced them half a mile up the road with rifle, lathis (canes) are steel tipped clubs. The volunteers wildly cheered when she shook off the arm of the British police officer who came to arrest her and marched proudly to the barbed wire stockade where she was interned before being imprisoned. Freedom struggle was in full force and she came under the influence of Gopalakrishna Gokhale and Gandhi. Gokhale advised her to spare all her energy and talents for nation’s cause. She gave up writing poetry and fully devoted herself to emancipation of women, education, Hindu-Muslim unity etc. She became a follower of Gandhiji and accompanied him to England. Whenever in England, she openly criticized British rule in India which caught the attention of scholars and intellectuals. Padmaja Naidu Sarojini’s daughter Miss Padmaja Naidu devoted herself to the cause of nation like her mother. At the age of 21, she entered the National scene and became the joint founder of the Indian National Congress of Role of Women in Indian Polity

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Hyderabad. She spread the message of Khadi and inspired people to boycott foreign goods. She was jailed for taking part in the “Quit India” movement in 1942. After Independence, she became the Governor of West Bengal. During her public life spanning over half a century, she was associated with the Red Cross. Her services to the Nation and especially her humanitarian approach to solve problems will long be remembered. Vijay Laxmi Pandit Sister of Pandit Jawaharlal Nehru also played a great role in the freedom movement. She was elected to Uttar Pradesh Assembly in 1936 and in 1946. She was the first woman in India to hold a ministerial rank. She was imprisoned thrice for taking part in the Civil Disobedience Movement in 1932. 1941 and 1942. After Independence, she continued to serve the country. She was the first woman to become Indian Ambassador and president of the United Nations General Assembly. Jawaharlal Nehur’s sister Vijayalakshmi Pandit inspired by Rani Lakshmi Bai of Jhansi and impressed by Sarojini Naidu entered the Non Cooperation Movement. She was arrested in 1932 and sent to and sentenced to one year’s rigorous imprisonment. She was arrested in 1940, and yet again during the Quit India Movement. She attended the Pacific Relations Conference at Hot Springs, U.S.A. as leader of the Indian delegation sponsored by the Indian Council of World Affairs. She was present in San Francisco when the U.N first met there, and through numerous well attended public lectures she challenged the British dominated delegates rights to represent India therein.Sister of Pandit Jawaharlal Nehru also played a great role in the freedom movement. She was elected to Uttar Pradesh Assembly in 1936 and in 1946. She was the first woman in India to hold a ministerial rank. She was imprisoned thrice for taking part in the Civil Disobedience Movement in 1932. 1941 and 1942. After Independence, she continued to serve the country. She was the first woman to become president of the United Nations General Assembly. Vijaya Lakshmi Nehru Pandit (1900 - 1990) was an Indian diplomat and politician, In 1921 she married Ranjit Sitaram Pandit, who died on January 14, 1944. She was the first Indian woman to hold a cabinet post. In 1937 she was elected to the provincial legislature of the United Provinces and was designated minister of local self-government and public health. She held the latter post until 1939 and again from 1946 to 1947. In 1946 she was elected to the Constituent Assembly from the 72


United Provinces. Following India’s independence from the British in 1947 she entered the diplomatic service and became India’s ambassador to several countries: the Soviet Union from 1947 to 1949, the United States and Mexico from 1949 to 1951, Ireland from 1955 to 1961 (during which time she was also the Indian High Commissioner to the United Kingdom), and Spain from 1958 to 1961. Between 1946 and 1968 she also headed the Indian delegation to the United Nations. In 1953, she became the first woman President of the United Nations General Assembly In India, she served as governor of Maharashtra from 1962 to 1964, after which she was elected to the Indian Lok Sabha from Phulpur, her brother’s former constituency. She held office from 1964 to 1968. Pandit was a harsh critic of her niece, Indira Gandhi, after Gandhi became Prime Minister in 1966, and she retired from active politics after relations between them soured On retiring she moved to Dehradun in the Doon Valley in the Himalayan foothills. In 1979 she was appointed the Indian representative to the UN Human Rights Commission, after which she retired from public life. Her writings include The Evolution of India (1958) and The Scope of Happiness: A Personal Memoir (1979). Her daughter Nayantara Sahgal, who later settled in her mother’s house in Dehradun, is a well-known novelist. Sucheta Kripalani The contribution of Sucheta Kripalani in the struggle for freedom is also worthy of note. She courted imprisonment for taking part in freedom struggle. She was elected as a member of Constituent Assembly in 1946. She was general secretary of Indian National Congress from 1958 to 1960, and Chief Minister of Uttar Pradesh from 1963 to 1967. Sucheta Kripalani was in the words of Shrimati Indira Gandhi, “a person of rare courage and character who brought credit to Indian womanhood.” The contribution of Sucheta Kripalani in the struggle for freedom is also worthy of note. She courted imprisonment for taking part in freedom struggle. She was elected as a member of Constituent Assembly in 1946. She was general secretary of Indian National Congress from 1958 to 1960, and Chief Minister of Uttar Pradesh from 1963 to 1967. Sucheta Kripalani was in the words of Shrimati Indira Gandhi, “a person of rare courage and character who brought credit to Indian womanhood.” She was born in Ambala, Haryana to a Bengali family. Her father, S.N. Majumdar though a government doctor was a nationalist. Educated at Indraprastha Role of Women in Indian Polity

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College and St.Stephen’s College, Delhi she became a lecturer at the Banaras Hindu University. In 1936, she married socialist, Acharya Kriplani and became involved with the Indian National Congress. Like her contemporaries Aruna Asaf Ali and Usha Mehta, she came to the forefront during the Quit India Movement. She later worked closely with Mahatma Gandhi during the Partition riots. She accompanied him to Noakhali in 1946. She was one of the few women who were elected to the Constituent Assembly and was part of the subcommittee that drafted the Indian Constitution. She became a part of the subcommittee that was handed over the task of laying down the charter for the constitution of India. On 15th August, 1947 she sang Vande Mataram in the Independence Session of the Constituent Assembly.After independence she remained involved with politics in U.P. She was elected to the Lok Sabha in 1952 and 1957 and served as a Minister of State for Small Scale Industries. In 1962, she was elected to the U.PAssembly from Kanpur and served in the Cabinet in 1962. In 1963, she became the Chief Minister of Uttar Pradesh, the first woman to hold that position in any Indian state. The highlight of her tenure was the firm handling of a state employees strike. The firstever strike by the state employees which continued for 62 days took place during her regime. She relented only when the employees’ leaders agreed for compromise. Although the wife of a socialist, Kriplani cemented her reputation as a firm administrator by refusing their demand for pay hike. She retired from politics in 1971 and remained in seclusion till her death in 1974.She was a very active member.She became the first woman to be elected Chief Minister of a state Indira Gandhi The most remarkable of women in modern India’s was Indira Gandhi who from her early years was active in the national liberation struggle. During the 1930 movement, she formed the ‘Vanar Sena’. A children’s brigade to help freedom fighters. She became a member of the Indian National Congress in 1938. Soon after her return to India in March 1941, she plunged into political activity. Her public activity entered a new phase with India’s Independence in 1947. She took over the responsibility of running the Prime Minister’s House. The Congress, which had been her political home ever since her childhood, soon drew her into leading political roles, first as member of the Congress Working Committee in 1955 and later as member of the Central Parliamentary 74


Board in 1958. In 1959, she was elected President of the Indian National Congress. She oriented Congress thinking and action towards basic issues confronting Indian society and enthused the younger generation the task of nation-building. In the eventful years of her leadership as Prime Minister, Indian society underwent profound changes. She was unremitting in her endeavour for the unity and solidarity of the nation. A staunch defender of the secular ideals of the Constitution, she worked tirelessly for the social and economic advancement of the minorities. She had a vision of a modern self-reliant and dynamic economy. She fought boldly and vigorously against communalism, obscurantism, re-vivalism and religious fundamentalism of all types. She repeatedly warned the nation that communalism and obscuranatism were the tools employed by the forces of destabilization. She laid down her life in defence of the ideals on which the unity and integrity of the Republic are founded. The martyrdom of Mahatma Gandhi and Indira Gandhi for upholding the unity of India will reverberate across the centuries. Rarely in history has one single individual come to be identifie do totally with the fortunes of a country. She became the indomitable symbol of India’s self-respect and self-confidence. Death came to her when she was at her peak, when her stature and influence were acclaimed the world over The most remarkable of women in India’s modern era was Indira Gandhi who from her early years was active in the national liberation struggle. During the 1930 movement, she formed the ‘Vanar Sena’. A children’s brigade to help freedom fighters. She became a member of the Indian National Congress in 1938. Soon after her return to India in March 1941, she plunged into political activity. Her public activity entered a new phase with India’s Independence in 1947. She took over the responsibility of running the Prime Minister’s House. The Congress, which had been her political home ever since her childhood, soon drew her into leading political roles, first as member of the Congress Working Committee in 1955 and later as member of the Central Parliamentary Board in 1958. In 1959, she was elected President of the Indian National Congress. She oriented Congress thinking and action towards basic issues confronting Indian society and enthused the younger generation the task of nation-building. In the eventful years of her leadership as Prime Minister, Indian society underwent profound changes. She was unremitting Role of Women in Indian Polity

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in her endeavour for the unity and solidarity of the nation. A staunch defender of the secular ideals of the Constitution, she worked tirelessly for the social and economic advancement of the minorities. She had a vision of a modern self-reliant and dynamic economy. She fought boldly and vigorously against communalism, obscurantism, re-vivalism and religious fundamentalism of all types. She repeatedly warned the nation that communalism and obscuranatism were the tools employed by the forces of destabilization. She laid down her life in defence of the ideals on which the unity and integrity of the Republic are founded. The martyrdom of Mahatma Gandhi and Indira Gandhi for upholding the unity of India will reverberate across the centuries. Rarely in history has one single individual come to be identified totally with the fortunes of a country. She became the indomitable symbol of India’s self-respect and self-confidence. Death came to her when she was at her peak, when her stature and influence were acclaimed the world over. Usha Mehta Usha Mehta was a renowned Gandhian and freedom fighter of India. She is also remembered for operationalizing the underground Congress Radio, also called the Secret Congress radio station, which functioned for few months during the Quit India Movement of 1942. In 1998, the Government of India conferred on her ‘Padma Vibhushan’, the second highest civilian award of Republic of India. Usha was born in Saras village in Surat in the state of Gujarat, on March 25, 1920. When she was just five years old, Usha first saw Gandhiji while on a visit to his ashram at Ahmedabad. Her initial schooling was in Kheda and Bharuch and then in Chandaramji High School, Bombay. She continued her education at Wilson College, Bombay, graduating in 1939 with a firstclass degree in philosophy. She also studied law. During the Quit India Movement, Usha quickly became a leader. She moved from New Delhi to Mumbai.” In 1942 when almost the entire leadership of the Congress was in prison on August 14, 1942, she and her close associates began the Secret Congress Radio, a clandestine radio station. The first words broadcast in her resonant voice were: “This is the Congress radio calling on a wavelength of 42.34 meters from somewhere in India.” The police swooped uopn them on November 12, 1942 and arrested the organizers, including Usha Mehata & in March 1946, she was released. She was a member of the Gandhi Peace Foundation, New Delhi. She also actively 76


participated in the affairs of Bharatiya Vidya Bhavan.She had participated in the anniversary celebrations related to the Quit India Movement in August Kranti Maidan (Revolution Ground) and returned home after a tiring day and suffered from fever. Two days later, She died peacefully on 11 August 2000 at the age of 80. Aruna Asaf Ali Aruna was born at Kalka, Haryana into a Bengali Brahmo family. She was educated at Lahore and Nainital. She graduated and worked as a teacher, an achievement in itself for women, given the conditions prevalent in the country at that time. She taught at the Gokhale Memorial School in Calcutta. She met Asaf Ali, a leader in the congress party at Allahabad and married him in 1928, despite parental opposition on grounds of religion (she was a Brahmo while he was a Muslim) and age (a difference of more than 20 years). She became an active member of Congress Party after marriage and participated in public processions during the Salt Satyagraha. She was arrested on the charge that she was a vagrant and hence not released in 1931 under the Gandhi-Irwin Pact which stipulated release of all political prisoners. Other women co-prisoners refused to leave the premises unless she was also released and gave in only after Mahatma Gandhi intervened. A public agitation secured her release. In 1932, she was held prisoner at the Tihar Jail where she protested the indifferent treatment of political prisoners by launching a hunger strike. Her efforts resulted in an improvement of conditions in the Tihar Jail but she was moved to Ambala and was subjected to solitary confinement. She was politically not very active after her release. Her father Upendranath Ganguly hailed from Barisal district of Eastern Bengal but settled in the United Province. He was a restaurant owner and a very adventurous man. Mother Ambalika Devi was the daughter of Trailokyanath Sanyal,a renowned Brahmo leader who wrote many beautiful brahmo hyms. Upendranath Ganguly's younger brother Dhirendranath Ganguly (D G) was one of the earliest film directors. Another brother Nagendranath, a soil biologist was married to Rabindranath Tagore's only surviving daughter Mira Devi though they got separated after sometime. Her sister, Purnima Banerjee was a member of the Constituent Assembly of India. On August 8, 1942, Role of Women in Indian Polity

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the AICC passed the Quit India resolution at the Bombay session. The government responded by arresting the major leaders and all members of the Congress Working Committee and thus tried to pre-empt the movement from success. A young Aruna Asaf Ali presided over the remainder of the session on 9 August and hoisted the Congress flag at the Gowalia Tank maidan. This marked the commencement of the movement. The police fired upon the assembly at the session. Aruna was dubbed the Heroine of the 1942 movement for her bravery in the face of danger and was called Grand Old Lady of the Independence movement in her later years. Despite absence of direct leadership, spontaneous protests and demonstrations were held all over the country, as an expression of desire of India’s youth to achieve independence. Aruna Asaf Ali was awarded International Lenin Peace Prize for the year 1964. She was awarded India’s highest civilian award, the Bharat Ratna, posthumously in 1997. In 1998, a stamp commemorating her was issued. Aruna Asaf Ali marg in New Delhi is named after her. All India Minorities Front distributes Dr Aruna Asaf Ali Sadbhawana Award annually. Aruna Asaf Ali played a leading role during Quit India Movement; elected as Delhi's first Mayor; awarded the Lenin Prize for peace in 1975 and the Jawahar Lal Nehru award for International understanding for 1991; honored with Bharat Ratna in 1998. Aruna Asaf Ali was born as Aruna Ganguly on July 16 1908 at Kalka (Haryana) in an orthodox Hindu Bengali family. She was educated at Sacred Heart Convent in Lahore, and then in Nainital. After graduating from school, she taught at the Gokhale Memorial School in Calcutta. In Allahabad, she met her husband to be Asaf Ali and they got married in 1928. As Asaf Ali was deeply involved with freedom struggle, after marriage Aruna Asaf Ali too plunged into it. Her first major political action was during the Salt Satyagraha in 1930 when she addressed public meetings and led processions. British Government charged her for being a "vagrant" and sentenced her to one year's imprisonment. When political prisoners were released in the aftermath of Gandhi-Irwin pact, Aruna was not released. But a public agitation in favour of her release forced British government to release her. She was arrested again in 1932 and put in Tihar Jail. In Tihar Jail she went on a hunger strike against the treatment meted out to political prisoners. Her protest caused an improvement in conditions, but she was moved to solitary confinement in Ambala. In 1942 she attended 78


the Bombay Congress Session with her husband, where the historic Quit India resolution was passed on 8th August. When the Congress leaders were arrested on the day after this resolution was passed, Aruna presided over and performed the flag-hoisting ceremony at Gowalia Tank Maidan in Bombay. The British Government also announced Rs. 5000 reward for her capture. However, Aruna Asaf Ali surrendered herself only when the warrants against her were cancelled on 26th January 1946. Though she had joined the Communist Party of India but left it and in 1958 she was elected Delhi's first Mayor. she rejoined the Congress party in 1964 but ceased to play any active part in politics. She was awarded the Lenin Prize for peace in 1975 and the Jawahar Lal Nehru award for International understanding for 1991. Aruna Asaf Ali died on July 29 1996. She was awarded India's highest civilian award, the Bharat Ratna, and was honoured with a stamp issued by the Indian Postal Service in 1998. Madam Cama "This flag is of Indian Independence! Behold, it is born! It has been made sacred by the blood of young Indians who sacrificed their lives. I call upon you, gentlemen to rise and salute this flag of Indian Independence. In the name of this flag, I appeal to lovers of freedom all over the world to support this flag." -- B. Cama , Stuttgart, Germany, 19she unfurled the first National Flag at the International Socialist Conference in Stuttgart (Germany) in 1907. A thousand representatives from several countries were attending. An Indian lady in a colorful sari was a rare phenomena in those days and her majestic appearance and brave and clear words made everybody think that she was a Maharani or at least a princess from a native state. The tricolor-flag Madam Cama unfurled had green, saffron, and red stripes. Red represented strength, saffron victory, and green stood for boldness and enthusiasm. there were eight lotuses representing the eight provinces and flowers represented princely states. "Vande Mataram" in Devanagari adorned central saffron stripe which meant "salutation to Mother India." The sun and the moon indicated Hindu and Muslim faiths. The flag was designed by Veer Savarkar with the help of other revolutionaries. After Stuttgart, Madam went to United States. She traveled a lot and informed Americans about Indians struggling for Independence. She told about British efforts to smother the voice Role of Women in Indian Polity

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of educated Indians who protested against tyranny and despotism of British who always boasted themselves as "mother of parliamentary democracy" over the world! She could be called "Mother India's first cultural representative to USA."Where is the Flag Now? The flag was smuggled into India by Indulal Yagnik, the socialist leader of Gujarat. It is now on public display at the Maratha and Kesari Library in Pune Summary and Conclusions Woman's participation in India's freedom struggle began as early as 1817 when Bhima Bai Holkar fought bravely against the British colonel Malcolm and defeated him in guerilla warfare. In 1824 Rani Channama of Kittur resisted ate armed might of the East Indian Company. We record our homage and deep admiration for the Womanhood of India who in the hour of peril for the motherland forsook the shelter of their homes and with unfailing courage and endurance stood shoulder to shoulder with their men folk, in the frontline of India’s national army to share with them the sacrifices and triumphs of the struggle”. From a Resolution passed on January 26, 1931. When the history of India's fight for Independence comes to be written, the sacrifice made by the women of India will occupy the foremost place - Mahatma Gandhi, Jawaharlal Nehru had remarked, when most of the men-folk were in prison then a remarkable thing happened. Our women came forward and took charge of the struggle. Women had always been there of course but now there was an avalanche of them, which took not only the British Government but their own men folk by surprise. The entire history of the freedom movement is replete with the saga of bravery, sacrifice and political sagacity of great men and women of the country. This struggle which gained momentum in the early 20th century, threw up stalwarts like Mahatma Gandhi, Lala Lajpat Rai, Motilal Nehru, Abul Kalam Azad, C. Rajagopalachari, Bal Gangadhar Tilak, Gopal Krishna Gokhale, Jawaharlal Nehru and Subash Chander Bose. Their number and stature often gives us an erroneous impression that it was only a man’s movement. But it is not so. Many prominent women played a leading role in the freedom movement. The important place assigned to women in India dates back to the time of the Vedas and Smritis. Manu declared that where women were adored, Gods frequented that place, During the Vedic age the position of women in society was very 80


high and they were regarded as equal partners with men in all respects. Who had not heard of Maitri, Gargi, Sati Annusuya and Sita? In keeping with this tradition, burden of tears and toils of the long years of struggle for India’s freedom was borne by the wives, mothers, and daughters, silently and cheerfully. The programme of self-imposed poverty and periodical jail going was possible only because of the willing co-operation of the worker’s family. In the various resistance movements in the villages, the illiterate women played this passive but contributory part as comrades of their men folk..


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Chapter - 4

Women in Panchayats: A Critical Evaluation

Vikram Singh*

Abstract This paper addressing the PRI’s as lowest unit of local self government and its efficient working, clean image and activism which is the basis of good governance and help in the democratic decentralised development process. Secondly it defining the role of PRI’s in context of a means to improve the living conditions of rural women of all class and caste by contributing more appropriate and effective, better conditioned services, based on participatory decisions, transparency and accountability. In particular these issues highlight that participation of women ‘encompasses structural changes at the grass root level and in socio-economic situation in order to achieve the prosperity and welfare which is the ultimate goal of LSG/PRI’s. Furthermore it discuss PRI’s as platform for political participation and mobilization which aroused the political awareness among women of all section which contributed for strengthening their political organisation and capacity for effective bargaining for better delivery of good governance and also the public services more efficient and democratic. Last but not the least; it highlight the phenomenon of proxy or surrogate representation of women, and the *Department of Social Work, Guru Ghasidas University, Bilaspur(C.G.)

status Dalit women in PRI’s who face double dose of discrimination in Local Institutions of Governance. Introduction “In this structure composed of innumerable villages, there will be ever widening, never ascending, circles. Life will not be a pyramid with the apex sustained by the bottom. But, it will be an oceanic circle, whose centre will be the individual, always ready to perish for the village, the latter ready to perish for the circle of the villages, till at last the whole becomes one life composed of individuals, never aggressive in their arrogance, but ever humble, sharing the majesty of the oceanic circle of which they are integrated units. Therefore, the outermost circumference will not wield power to crush the inner circle, but will give strength to all within and will derive its own strength from it.” Mahatma Gandhi “The decentralization of power and decision making processes from national and state to local bodies has become a major trend globally. Decentralization, being a process that puts in place a structural arrangement for facilitating shared exercise of power among central government, local governments, and local communities, is a wide and complex field allowing for community participation in governance and 1 development. ” The Political power in India is shared by three vertical units of governments- The Central government, the state government, and the local government. The local government includes the Panchayati Raj Institutions in the villages and the Municipal and Metropolitan Councils in the cities. These are the known as the institution of Local Self Governance, which is democracy at root level and evolve through the process of Decentralisation Process in India. “Local government is an integral part of the national structures of governance and the level of government closest to the citizens. Therefore, it is in the best position both to involve women in the making of decisions concerning their living conditions and to make use of their knowledge and capabilities in the promotion of 2 sustainable development. ”


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The 73rd and 74th Constitutional Amendments have widened the scope of local self governance. In particular Local self Governance as a grass root democracy its evolution in a gradual process and its Constitutional provisions, however, relating to the establishment, powers, functions and responsibilities of Panchayats. “Decentralization is commonly regarded as a process through which powers; functions; responsibilities and resources are transferred from central to local government as a way to promote broader values of pluralistic participatory 3 democracy.” They also addressed the issue of Reservation which have attracted Women, SC/ST’s and other reserved categories to politics in large numbers, their stand in participation and decision making process while implementing schemes through PRI’s. The dependency of PRI’s lied upon the effective leadership at the local level and the role of state who is equally responsible to share its powers and function with the institution for grassroots ‘governance. And how for the success of any democracy decentralised governance is must and for that PRI’s are the best examples as a process of democratic decentralisation which aims at providing a broad base to affording the much needed training ground for future leadership creating an awareness and initiative in the rural people about community development programmes, proper utilisation of the available manpower and the other resources which have mostly remained under exploited and unutilised manpower and other rural resources of participate in the management of rural affairs, bringing rural consciousness among the officials and impressing upon the utility of coordinated and inter –related approach to various development programmes and about planning of an overall balanced development of rural areas and thus raising the standard of living of the rural people in a holistic way. The institutional set-up of local self governance was initiated to ensure good governance which has the following features: Participation: All men and women should have a voice in decision-making, either directly or through legitimate intermediate institutions that represent their interests. Such broad participation is built on freedom of association and speech, as well as capacities to participate constructively. 84


Rule of Law: Legal frameworks should be fair and enforced impartially, particularly laws on human rights. Transparency: Transparency is built on the free flow of information. Processes, institutions and information are directly accessible to those concerned with them, and enough information is provided to understand and monitor them. Responsiveness: Institutions and processes try to serve all stakeholders. Consensus Orientation: Good governance mediates differing interests to reach a broad consensus on what is in the best interests of the group and where possible, on policies and procedures. Equity: All men and women have opportunities to improve or maintain their well-being. Effectiveness and Efficiency: Processes and institutions produce results that make the best use of resources. Accountability: Decision-makers in government, the private sector and civil society organisations are accountable to the public, as well as to the institutional stakeholders. This accountability differs depending on the organisation and whether the decision is internal or external to an organisation. Strategic Vision: Leaders and the public have a broad and longterm perspective on good governance and human development, along with a sense of what is needed for such development. There is also an understanding of the historical, cultural and social complexities in which that perspective is grounded. Women at Panchayats - Representation; Participation & Problems: “People are always amazed by the amount of work (grassroots women do) and there is acknowledgement, but there is disconnect; we get a clap for the work, but we don’t see the resources. How can partners support this? Can we ask for partners to speak with government and ensure that they create openings in their budgets with a gender lens? We need to create a mechanism where women feel free to access this work on the ground.” Carmen Griffiths Role of Women in Indian Polity

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As individuals, women are severely constrained in their ability to transform their vulnerabilities. “Women’s multiple reproductive and productive roles usually render them isolated and fragmented, with limited power to negotiate many decisions that impact their lives. An emerging concept in poverty studies proposes the idea that people are marginalized not because institutions left them out; in fact, they are incorporated by institutions in ways that undermine their opportunities for development.4” This is why empowering women involve a long and difficult process because it certainly confronts structures of power. The 1999 Report on Human Development in South Asia advocated that if governance is to promote human development, it has to go beyond being pro-people or people-centred. It has to be owned by the people. Women account for half the population of South Asia, yet they remain mostly invisible in all governing institutions. Women hold the top positions in major political parties of the region, yet these powerful positions have not translated into positive outcomes for the majority of South Asian women. “The Constitutional Amendment Acts in India have brought in a large number of women into the realm of politics at the local level, which was unthinkable earlier. Before these Acts women did take part in the political process at the national, regional and local levels but their presence was negligible. This glaring lack of representation can be attributed as a spin off factor of the larger socio-cultural and politicoreligious dimensions of the Indian structural reality. This then meant that in a democratic setup where numbers tend to be crucial, women and their 5 issues were always marginalized. ” “When women sit at the table to make decisions, priorities take a different shape.” Nereide Segala Coelho. The emerging trend of women’s leadership in the local selfgovernment shows that a large number of women were young, married, illiterate/literate, and agriculturist by occupation and equally divided between very poor, poor and middle-income groups in India. Political participation is one of the major ways to ensure women’s empowerment, to increase decision-making power and greater ability 86


and to influence matters that affect their lives in the community and the larger society. In the broader sense, participation in politics goes far beyond electoral politics, such as voting and election to public office. “Women’s empowerment begins with their consciousness - perceptions about herself and her rights, her capabilities and her potentials, awareness of her gender and socio-cultural, economic and political forces that affect her. Women’s political empowerment and equal representation in all decision-making institutions are critical inputs in their struggle for freedom from patriarchal subjugation. Local government bodies have a vital role in the developmental processes. Therefore, importance of local level government to women and men is twofold. First, decisions made at the local levels have implications for the distribution of resources and opportunities between women and men. Second, the lower tiers of government are also arenas in which individuals gain experience and knowledge and a political base for seeking office at higher levels. Within local bodies, women are generally, expected to 6 represent women’s interests. ” That is, women’s development is seen as women’s business rather than the responsibility of both men and women members. Allied to this is the perception that women serving at the local level should focus on women and children’s issues rather than the full range of issues at the grassroots level. This ides of reservation in Local Self Governance Institution; i.e. PRI’s was gender- centric approach which main agenda was that women in particular should be mobilized in order that they have access to resources, have control over decisions that affect their lives, and can ultimately change the gender-biased power structures that make them subordinate; it suggests that women’s organizations, networks, and their collective self-mobilization should be the most important means to empowerment. “Organization at the grassroots level allows people to contribute significantly to the governance of their communities. For women, successful grassroots experience has meant a chance to form coherent voice, to be heard and to make a difference in their 7 communities. ” There can be no greater evidence for the fact that not only have Panchayats attracted women to politics in large numbers, but also that this wish to contest elections seems to be most keenly felt among the women belonging to the SCs and STs. “There is, however, a big difference Role of Women in Indian Polity

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between representation and participation. It is relatively easy to legislate representation, but it is rather a complex and difficult task to create conditions for participation. Proper representation does not automatically lead to proper participation. It is important that women are in a position to influence decision making and prepare and implement schemes for 8 economic development and social justice. ” Participation broadly implies the active involvement of every stakeholder in development process , particularly disadvantage groups like women that form the fifty percent of the population, was previously been excluded from the development process. Thus participation is more than an instrument of implementing development projects, It is an important approach to development, approach which not only takes into account the needs and aspirations of disadvantaged segments of the population but also involves them in the designing and implementation of policies concerning their well-being and this is possible after implementation of reservation which mandated elected seats directly by the Constitution, in accordance with the following pattern:

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•

ne-third of the total numbers of seats to be filled by direct O election in every Panchayat are to be reserved for women. This is inclusive of the reservation provided for women belonging to the SCs and STs.

•

ithin the reservation provided for persons belonging to the W SCs and STs, not less than one-third of the total number of seats that are reserved for the respective categories in each Panchayat concerned are to be reserved for women belonging to the SCs and STs.

•

hese seats may be allotted by rotation to different constituencies T within a Panchayat.

•

he provisions for reservations to the offices of Chairpersons are T nearly identical to the above provisions regarding reservations to elected seats. The additional features of reservations to the offices of Chairpersons are as follows:

•

hile providing for reservations up to a minimum level of one W third in respect of women and in proportion to the population in each Panchayat for SCs and STs, the manner in which this is done is left to the legislature of a State to provide by law. Role of Women in Indian Polity

“Women have taken the lead in making efforts for smokeless stoves, crèches and community halls, and have taken the initiative in family and matrimonial matters, for example counselling abusive and/ or alcoholic husbands. Sometimes, women-led Panchayats have even experienced a dramatic increase in their revenues, sponsoring the auction of village ponds, community forests and village markets for the larger 9 welfare of the community. ” There are several instances of women representatives playing a major role in the workings of grassroots politics. They prioritise developmental needs differently from men. “Women have initiated work on plans to bring piped water to villages and also to build schools. They are also seen to be more involved in monitoring the presence of teachers and medical staff in the school or health centre, and inspecting 10 nutrition centres under the Integrated Child Development Scheme. ” It also ensuring social inclusion in decision making process which leading towards promoting attitudinal change in officials at all levels, creating institutional mechanisms so that the LSG’ can function as transparent and accountable institutions and, significantly it can built an active, engaged and informed citizenry among women. Participation of women in meetings, consultation at Gram Sabha increases when representatives are women and an effective engagement builds on effective organization among them. This shows that political inclusion in terms of gender improves when the leader and citizen are from same gender. It also enhance the negotiating skills among women to fight against social evils; like discrimination, sale of liquor, witch- hunting, and many other problems effecting status of women. But this is one side of participation and representation, because legislative reservation can amend the distribution of power and resources in elected bodies where decision are taken by women representatives which change their situation but there should be more women in these institution , because women in legislation will not only improve the opportunities for women in public employment, yet representation aimed at providing access to decision making in elected legislative bodies can bring about a change in the norms and principles that govern the distribution of resources. Role of Women in Indian Polity

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Though there are ways to address institutional constraints, however, it is hard to legislate away social constraints. “Women, who enter representative bodies, including panchayats, generally belong to influential families including politicians, and may be surrogates for the men who cannot themselves contest due to the reservation. Family and political connections are believed to help women at every step from the decision (not always an independent decision taken by women 11 themselves) to contest, to getting successfully elected. ” Women representatives face many social confronts including restrictions on going out of the house; lack of literacy and education; the household chores of fetching water and fodder, cooking and raising children that affect their performance in office. It is true that many women are nominated by their husbands, fathers and father-in law to take advantage of the quota, which made it difficult for the man to contest the election himself. In some cases election materials banners, posters, and etc.-are made in the name of the man rather than the women who is the official candidate, and that the man tends to assume the role of the pradhan or sarpanch, attending and even chairing the meeting in place of the elected women representative. The phenomenon of proxy or surrogate representation was, thus, prevalent in many places. On the other hand, under-privileged women often face threats of violence when they have dared to express their intention to contest elections. “It was observed that as Gram Sabha members, participation of SCs has been nominal and by proxy. It is because of mainly two reasons: one, existing social realities and power equations; and the other high level of ignorance among SCs in general and SCs women in particular. Most of the SC women are not aware of their role in the formation of village plan due to illiteracy; they remain silent in the meetings. The simplistic appeals for increased political participation of SCs women in Gram Sabha generally overlook some ground realities such as the timings of Gram Sabha meetings, problems of quorum and procedures adopted for deliberating and finalizing development plans manipulation 12 of discussions by dominant groups. ” There were some examples of SC and ST women representatives being disallowed from chairing Panchayat meetings and participate in 90


higher caste male dominated occasions and ceremonies, there were also cases where the woman sarpanch has asserted her right to do so, despite being told to make the tea or go home. Though women comprise about half of the Indian population, they have been subjected to discriminatory social ethos resulting in denial of equality of status and opportunities in social, economic and political sphere; In case of Dalit women they face double dose of discrimination. Therefore, it is important to understand that over all development of a nation requires maximum utilization of human resources without any discrimination. A more developed society is a more participant one. So the participation of women in political process is a major step towards inclusive growth and empowerment. But empowerment should take place in multidimensional social process which helps women to gain control over their own lives. It should be in the process which can fosters power in people for use in their own lives, their own communities and in their own society, by acting on issues that they describe as important. Above all, empowerment is a result of participation in decision-making. Women’s empowerment also refers to the process by which women acquire due recognition on par with men, to participate in the development process of the society through the political institutions as a partner with human dignity. Because the empowerment for women is fundamentally about changing social institutions and practices about changing rules norms and rights and about changing the balance between women’s obligations and responsibilities. “The empowerment as the process of challenging existing power relations and of gaining greater control over the sources of power.” The goals of women empowerment are to challenge patriarchal ideology to transform the structures and institutions that reinforce and perpetuate gender discrimination and social inequality and to enable women to gain access to and control of both material and informational resources.13” Conclusion The Panchayati Raj Institutions evolved through the decentralization provides opportunities for women to voice their priorities to achieve better living conditions and access to basic services. The legal framework of PRI’s that calls for participation and equal access, district administration has been empowered with implementing decentralization through engagement and inclusion of women. As a result, community Role of Women in Indian Polity

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leadership has developed among women and local government became more effective and responsive to community needs, priorities and solutions through as they prioritise developmental needs differently from men. In addition, women’s organizations have been able to demand greater transparency and accountability in allocation of public resources. Finally, women’s groups act as local government monitors, utilizing agreements made in participatory processes. Panchayts has been traced from the traditional Panchayts to Constitutional Panchayts. The 73rd constitutional amendment act has recognised as a great landmark in the evolution of Panchayts in India. But much more need to done for realizing Mahatma Gandhi’s ideal of Gram Swaraj for the empowerment of the people. In terms of advancement in terms of reservation at LSG and its impact, gave a new vision to see the reservation and its impact at the macro (i.e. in case of Women participation) and micro level (i.e. in case of Dalit Women participation) but if it is analyzed critically than major hindrances came into light in the proper functioning of women representatives and functionaries; multiple responsibilities, i.e. domestic work and work place, gradual criminalisation in politics stop them to visit the fields or meetings specially in of Dalit representatives. Moreover their dependency on male members in the patriarchal society and exposure to formal education breeds information & communication gap. Furthermore; lack of exposure& experience lead them to suppression because majority of the women enter into Politics through reservation and nepotism arrangement of the society. Last but not the least the rotational policy hardly allow them to continue their relationship in politics because all seats previously held by male members; the new elected women representatives had very little or no experience of being associated with political organizations and mostly women got elected to the seats to which their family members were previously elected so, they work as proxy or surrogate representative in case of women belongs to higher caste; in case of Dalit women they face double dose of discrimination(i.e. being a women member and being a Dalit they work under pressure of dominant castes; and face multiple types of harassment). Hence it can be seen that advantage of participation is partial which is hampering the path of holistic development and inclusion of which was the agenda of reservation for women in Panchayati Raj Institutions. 92


Endnotes 1. Kauzya, John-Mary; (2005) : “Decentralization: Prospects for Peace, Democracy and Development”, Division for Public Administration and Development Management (DPADM) Discussion paper, United Nations Department of Economic and Social Affairs, New York, September, unpan1. un.org/intro doc/groups/public/.../un/unpan021 510.pdf. 2. United Cities and Local Governments (1998): “Preamble, Worldwide Declaration on Women in LocalGovernment”,UCLG, Harare, November http://www.citieslocalgovernments. org/uclg/upload/template/template docs/worldwidedeclaration.htm 3.

United Nations Department of Economic and Social Affairs(2006): New York, September, unpan1.un.org/intra doc/groups/public/un/unpan021510. pdf

4. Eyben, Rosalind, Naila Kabeer,& Andrea Cornwall; (2008): “Conceptualising empowerment and the implications for pro poor growth: A paper for the DAC Poverty Network.” Sussex: Institute of Development Studies. http://www.gsdrc.org/docs/open/SE8.pdf. 5. Shamim, Ishrat; & Kumari, Ranjana;(2002): “Gender and Local governance; A new Discourse in Development”, Centre for Social Research New Delhi, India. 6. Ibid; 7. Shamim, Ishrat; & Kumari, Ranjana;(2002): “Gender and Local governance; A new Discourse in Development”, Centre for Social Research New Delhi, India. 8. Tiwari, Nupur; (2009): “Rethinking the Rotation Term of Reservation in Panchayats”. Economical & Political Weekly, January 31, pp.23-25 9. Jayal, Niraja Gopal; (2006): ‘Engendering Local Democracy: The Impact of Quotas for Women in India’s Panchayats’, in Democratization, Economical & Political Weekly, , February, pp.15-35. 10. Tiwari, Nupur; (2009): “Rethinking the Rotation Term of Reservation in Panchayats”. Economical & Political Weekly, January 31, pp.23-25.


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11. Palanthurai, G, (2001): “The Genre of Women leaders in local bodies: Experience from Tamil Nadu”, Indian; Journal of public Administration. 12. Impact of Bottom up Planning under PRI’s and Women participation there in in the States of Madhya Pradesh, Orissa, Chhattisgarh, Gujarat, Jharkhand and Maharashtra,(2006): Society of Tribal Women for Development; New Delhi. 13. Hasan, Zoya; (2005): “The ‘Politics of Presence’ and Legislative Reservation for Women: The ‘Second Wind of Democracy in India” in Peter Ronald De Souza, Eswaran Sridharan and R. Sudarshan, eds. “India’s Living Constitution: Ideas, Practice, Controversies”. New Delhi: Permanent Black.

References Eyben, Rosalind, Naila Kabeer,& Andrea Cornwall; (2008): “Conceptualising empowerment and the implications for pro poor growth: A paper for the DAC Poverty Network.” Sussex: Institute of Development Studies. http:// www.gsdrc.org/docs/open/SE8.pdf. Hasan, Zoya; (2005): “The ‘Politics of Presence’ and Legislative Reservation for Women: The ‘Second Wind of Democracy in India” in Peter Ronald De Souza, Eswaran Sridharan and R. Sudarshan, eds. “India’s Living Constitution: Ideas, Practice, Controversies”. New Delhi: Permanent Black. Jayal, Niraja Gopal; (2006): ‘Engendering Local Democracy: The Impact of Quotas for Women in India’s Panchayats’, in Democratization, Economical & Political Weekly, , February, pp.15-35. Kauzya, John-Mary; (2005) : “Decentralization: Prospects for Peace, Democracy and Development”, Division for Public Administration and Development Management (DPADM) Discussion paper, United Nations Department of Economic and Social Affairs, New York, September, unpan1. un.org/intro doc/groups/public/.../un/unpan021 510.pdf.

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Shamim, Ishrat; & Kumari, Ranjana;(2002): “Gender and Local governance; A new Discourse in Development”, Centre for Social Research New Delhi, India. Tiwari, Nupur; (2009): “Rethinking the Rotation Term of Reservation in Panchayats”. Economical & Political Weekly, January 31, pp.23-25. United Cities and Local Governments (1998): “Preamble, Worldwide Declaration on Women in Local Government”,UCLG, Harare, November http://www.citieslocalgovernments. org/uclg/upload/template/template docs/worldwidedeclaration.htm United Nations Department of Economic and Social Affairs (2006): New York, September, unpan1.un.org/intra doc/groups/public/un/unpan021510.pdf.


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Chapter - 5

Caste Politics and Women in India

Varun Chhacchar*

Introduction Caste has successfully lived for centuries in the multireligiousand multi-cultural India and it is still survivingwith a strong force in many intangible and invisible forms. Ithas stretched its monstrous arms into every sphere of humanlife in the country. In the Indian political arena, no ballot ispossible without caste tag or caste identity in the trajectoryof political power and economic empowerment. Caste has itsdeep roots in the varna system which is inseparable fromHinduism as it has become a foundational component inIndian nation. This invisible monster has been persecuting asection of people in Indian society at the cost of cultural andsocial unity as one nation. This paper intends to explore thepernicious impact of caste on an average Indian in generaland on Dalit groups in particular. For nearly sixty years, India, through a policy called “reservations,” hasattempted to put an end to its ancient caste system by using quotas and otherbenefits to ensure that historically disadvantaged groups have political voice,access to education, and opportunities for state employment. The legaldoctrine developed alongside this policy *Assistant Professor of Law, Law Centre-1, Faculty of Law, University of Delhi.

traces the national memory of thecaste system and its consequences, and reflects an understanding that the castesystem has left a pervasive mark on nearly every aspect of Indian society.The doctrines developed by courts in response to these policies,however, have a peculiar relationship to the political authority of castes andother communities subordinate to the state. To a surprising extent, Indiancourts have shown deference to the authority of the caste system in ways thatunderscore the political authority of the caste hierarchy and undermine theconstitution’s aspiration to greater equality. This feature of Indian equalitylaw reflects a tension between the constitutional aspiration to social reform onthe one hand, and deference to the authority of the caste or tribe to define itsown boundaries on the other. Indian law has sought to include these communities in its project of farreachingsocial reform. When constitutional law attempts to dismantle a statushierarchy and articulate a normative framework for doing so, it mustcontemplate this process of reform as involving not only the enactment oflegal rules to protect these groups, but also the important role these groupswill play in the evolution of the normative commitments that structure law’srelationship to that hierarchy. The castes themselves have a view of Indianhistory that has been shaped by their history of social subordination. Indianconstitutional law has sought to break with that history and to articulate newconstitutional values that mark the beginning of a new social order. These exchanges between subordinated groups and the law look peculiarto U.S. eyes. They can, however, help U.S. jurists understand components ofU.S. law so engrained that they are often overlooked. By providing a detailedaccount of the Indian doctrine relating to the reservation policy andmembership rules within the caste system, this Note aspires to uncover part ofthe theory through which Indian doctrine negotiates the relationship betweenlaw and the social authority lodged in the caste community1. By considering the relationship between law and the caste system inIndian equality law, this Note argues that U.S. law has too often seensubordinate groups as the object of legal reform without appreciating the waysthat they exert normative authority and the notion that they, too, envision arelationship with the broader social order. The common norms of thesecommunities emerge from deeply rooted social arrangements and typicallyinvolve more fundamental social and Role of Women in Indian Polity

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political commitments.The contrast between India and the United States illustrates therelationship between legal doctrine and the subordinate groups, and betweentheir experience and shared cultural understandings. U.S. law conceives ofthese groups as the subject of protection, but it does not seek to engage themin a shared project that would collectively remake the basic normativecommitments of the polity. Racial minorities, women, and other protectedgroups are thus not invited to participate in ongoing efforts to shape ourconstitutional commitments. U.S. law does not envision racial minorities orwomen as part of a community that could provide a separate and importantsource of constitutional values that challenge and respond to those of the restof the society. Our law’s conception of these communities as the object ofprotection, rather than as allies in reform, marks the basic difference between Indian and U.S. equality law.This Note investigates the tension between the Indian Constitution’saspiration to repudiate the past practices of the caste system and the forms ofnormative authority that continue to be exerted by these communities. Itargues that Indian courts recognize the authority of caste communities todefine their own terms of membership at the same time that they seek toeradicate them, because they understand that they must invite castecommunities to participate in efforts to dismantle a status hierarchy if they areto be successful. Incursions by constitutional law into a social order with deeproots and powerful authority require that the communities themselvesparticipate in the process of undoing centuries of oppression. Indian courtshave come to understand that it is not possible to remake the social order inthe image of the aspirations articulated in the constitution without engagingsubordinate communities in the process of reform.This Note approaches Indian constitutional law on the caste system froma different perspective than existing scholarship in this field2. A number ofscholars have evaluated the effectiveness of the reservation policy in India ascompared to affirmative action in the United States3. This Note, however,does not centrally aim to contribute to the debate on the effectiveness of thereservation policy or weigh the arguments for its justification4. Although someof the observations about the efficacy of the legal doctrine in the Note willbear on the evaluation of the effectiveness of the doctrines the Indian SupremeCourt has developed, these considerations are not the main thrust of theargument. Instead, this Note provides an account of Indian constitutional lawon the reservation policy and attempts to explain the theoretical assumptionsthat 98


lie beneath the tension between its assertion of national authority and itsdeference to the practices of local communities. Through a study of the Indiancases, this Note seeks to contribute to the growing literature on comparativeconstitutionalism by providing an account of the tensions within Indianequality law that emerge from the interaction between constitutional law andcaste communities5. History of Caste System in India Although scholars continue to debate the precise origins of the castesystem, there is general agreement among historians and anthropologists thatit has existed in India for as long as two thousand years6. The ancient Hinduscriptures, the Veda, describe a strict social hierarchy that bears someresemblance to the modern Indian caste system7. According to the Veda, theuniverse is organized into a strict classification scheme and a set ofhierarchical relationships that are reflected in the organization of society. The relationship between the caste system and the structure of the universeprovided a deep religious justification for the stratification of societyaccording to caste, and its compartmentalization into sovereign communitieswith the power to govern their own affairs.The caste system divides society into discrete groups that aretraditionally associated with a certain profession and that strongly prohibitmarriage outside of the caste. These groups exist in a hierarchicalrelationship to one another, and a person born into a caste remains within itunless he or she is expelled from it. By tradition, moving from one caste toanother was extremely difficult if not impossible; the caste identity that onereceived at birth could not typically be altered by any means. The castegroups commonly known as “untouchables” are at the very bottom of thecaste system and have traditionally been subject to discrimination and severeforms of oppression by the higher castes. The relationships among thecastes, especially between higher castes and the untouchables, frequently take the form of physical distance. The caste hierarchy is founded on the beliefthat the lower castes can pollute the higher castes, and the fear that membersof the higher castes who have contact with the lower castes will be spiritually damaged.Today, caste remains a major feature of village life throughout India8.The practice of sati is genocide of women in India. Castesystem has gone to such a far extent where it created a crudecustom of sati. In this custom, when husband dies, his wifeshould invariably burn herself on the funeral pyre Role of Women in Indian Polity

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along withher husband. Unless she is disposed of, she will remain asurplus woman. “The victim was believed to have becomeDevi in heaven, by demonstrating her pious love anddevotion for her husband through her death on her husband’spyre” 9. It is not done in the case of manbecause he is considered an asset to his community. Forreligious fundamentalists; this custom appeared to be abetter solution than enforcing widowhood. Burning of thewidow would eliminate widowhood and solve the problemof remarriage either inside or outside the caste in order toprotect the caste purity through a crude shot-cut method.Woman is regarded as a menace to the system of endogamyand a burden to the society. “The husband may survive hiswife and be surplus man, whom the group, while it maysympathize with him for the sad bereavement, has to disposeof; else he will marry outside the caste and will break the endogamy” 10. The obsession of the orthodoxHindus with caste purity, no doubt, induced the practice ofsati in India. This practice maintained the luster of the castesystem and vice-versa.Even though Sati is considered an Indian custom or aHindu custom in the strict sense, it was not practised all overIndia by all Hindus but only among certain communities ofIndia. On the other hand, sacrificing the widow in her deadhusband’s funeral or pyre was not unique only to India. Inmany ancient communities it was an acceptable feature. Thiscustom, exactly not like that of India, was prevalent amongEgyptians, Greek, Goths, Scythians and others. Among thesecommunities it was a custom to bury the dead king with hismistresses or wives, servants and other things so that theycould continue to serve him in the next world. This customlaced with superstitious belief was more dominant amongthe warrior communities in north India, especially inRajasthan and also among the higher castes in Bengal in eastIndia. In history, a few non-Hindu rulers like the Mughalstried to ban this custom. But they could not succeed as it wasexclusively a Hindu issue. The British, due to the efforts ofHindu reformers like Raja Ram Mohan Roy outlawed thiscustom in 1829. Religious related custom of sati could beerased but caste could not be done away with. “The kulinBrahmans in particular were major practitioners of the socialevil. It was this class of Brahmans who contributed largelyto the sati in Bengal”11. Caste and Gender The situation of Dalit women in India is just unexplainable. They are one among the worstsufferers of socio-cultural, political and 100


economic exploitation, injustice, oppression and violence. Theirwoes and miseries are boundless. They are the ones who form ‘real’ teeming millions in India, and areaffected by all kinds of social and economic oppressions. They are mainly employed in unorganizedsector of the Indian economy as daily wagers and marginal workers. The lack of adequate employmentopportunities, limited skills and illiteracy have made their mobility extremely limited and prevent themfrom achieving independent status. The persistent gap between consumption and expenditure leads themto perpetual indebtness. The proportion of Dalit women living below the poverty line is just enormous.They do not enjoy any social security, maternity benefits, pension schemes or any other kind of economicprotection. With the adoption of policies of globalization in India, their employment opportunities arelikely to be further reduced as they will have to suffer from competition from foreign technology andmodern methods of agriculture.Lower-caste women are singularly positioned at the bottom of caste, class, and genderhierarchies. Largely uneducated and consistently paid less than their male counterpartsworldwide they invariably bear the brunt of exploitation, discrimination, and physicalattacks. Sexual abuse and other forms of violence against women are often used by landlordsand the police to inflict political “lessons” and crush dissent within the community. Lower-caste women also suffer disproportionately in terms of access to health care,education, and subsistence wages as compared to women of higher castes.Dalit women in India and Nepal make up the majority of landless laborers and scavengers,as well as a significant percentage of the women forced into prostitution in rural areas orsold into urban brothels. As such, they come into greater contact with landlords andenforcement agencies than their upper-caste counterparts.They are oppressed by the broader Hindu society, their own community’s men and also their ownhusbands. Thus, they are triply disadvantageous. The issues of Dalit women are different from that ofother Indian women. They have been deprived from all kinds of human rights, education, income, dignity,social status, religious rights, etc. They have to face outside world necessitated by economic deprivation,and an urgent need to earn for livelihood. Thus, their subjugation is more acute- being Dalit they aretreated with great contempt by upper caste men and women alike, and their own menfolk. Despite thatthey have hugely contributed to the development of India by their seer hardwork and labour. But, theircontributions have Role of Women in Indian Polity

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never been recognized. Their voices and protests are almost invisible. In fact, when wetalk of marginalization of women in the development process, or feminization of poverty or woman’scontribution to the unorganized sector in India, we are referring to them without even being consciousabout their specificityTheir subordinate position isexploited by those in power who carry out their attacks with impunity. Incidents ofgang-rape, stripping, and parading women naked through the streets, and making them eatexcrement are all crimes specific to Dalit women in India. Sexual violence is also linked todebt bondage in India, Pakistan, and Nepal.According to a Tamil Nadu state government official, the rape of Dalit women exposes thehypocrisy of the caste system as “no one practices un-touchability, when it comes to sex.”12 . Many Dalit women and girls, including those fromthe badi caste, are trafficked into sex work in Indian brothels13.Under the devadasi system, thousands of Dalit girls in India’s southern states areceremonially “dedicated” or married to a deity or to a temple. Once dedicated, they areforced to become prostitutes for upper-caste communitymembers, and eventually auctionedinto an urban brothel14. In Pakistan human rights organizations report that the rape offemale bonded laborers is one of the most pressing problems facing the movement to enddebt bondage. Not only is it a widespread, violent problem, but there is little legalrecourse15.The obligation to ensure the development and protection of certain groups or individuals belonging to themis especially relevant for those individuals within the Dalit community who face multiple forms of discrimination.Dalit women face multiple axes of discrimination, with the National Campaign on Dalit Human Rights asserting: Dalit women are often described as the oppressed of the oppressed, the violence andoppression on them being more complex and manifold even compared to Dalit men.There is [an] inseparable relationship between caste status, occupation anddiscrimination. The Dalit woman faces triple discrimination because she is anuntouchable, of a poor class and is a woman16.Dalit women have unequal access to services, employment opportunities, and justice mechanisms ascompared to Dalit men. In relation to employment opportunities, Dalit women are allotted some of the most menialand arduous tasks and experience greater discrimination in the payment of wages than Dalit men 17. Theemployment opportunities of professional Dalit women may also 102


be limited by discriminatory practices that deprivefacilities run by Dalit women of a customer or patient base18 or require accommodation of requests of upper-caste community members19. In relation to services, Dalit women have less access to education and health facilities20,ensuring that their literacy rate, and nutrition and health standards fall far below that of Dalit men and non-Dalit menand women. The number of Dalit women in decision-making positions is also very low, and in some centralservices, Dalit women are not represented at all. Benefits of various development programs for Dalits, such asdistribution of land and other productive assets have essentially gone to Dalit males and have not improved the status of Dalit women21. Investment in projects targeted to the development of Dalit women is also far lower as compared to those for men22. Forced Prostitution of Dalit women and Devdasi System The practice of devadasi, in which a girl, usually before reaching the age of puberty, is ceremoniouslydedicated or married to a deity or to a temple, continues in several southern states including Andhra Pradesh andKarnataka. Literally meaning “female servant of god,” devadasis usually belong to the Dalit community. Oncededicated, the girl is unable to marry, forced to become a prostitute for upper-caste community members, andeventually auctioned into an urban brothel. The age-old practice continues to legitimize the sexual violence anddiscrimination that have come to characterize the intersection between caste and gender23. While India has adopted measures to abolish the practice and “rehabilitate” devadasis, these efforts havebeen largely unsuccessful. Legislative initiatives are poorly implemented24. The societal perception of devadasis aswomen who are sexually available to men makes it more difficult for devadasis to approach the police withcomplaints of sexual violence25. Moreover, the police themselves have been known to exploit devadasis. The Joint Women Programme for the National Commission of Women has found that devadasirehabilitation programs neither address the whole range of problems faced by devadasis, nor target the populationthey were intended to assist. Further, devadasis find it difficult to earn a livelihood outside the system because therehabilitation programs do not provide adequate means of livelihood and skill development, and because financialassistance is often in the form of a loan which must be repaid.


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Most devadasis also lack access to a residential house,health care, or educational facilities for their children. Dalit Rape victims and Prosecution Agencies The failure of police to register or properly register crimes against Dalitsis akey way in which Dalits’ right to equal treatment before organs administering justice is compromised at the outset.One of the principal ways in which the right of Dalits to equal treatment before organs administering justiceis being denied is through the poor quality of prosecutions under the Protection of Civil Rights Act and Preventionof Atrocities Act. The government of India has itself noted this failure in its 2001-2002 Annual Report on thePrevention of Atrocities Act, which states that in 2002, only 2.31 percent of cases brought under the Prevention ofAtrocities Acts had resulted in convictions26. The low rate of convictions, compared against the high number ofatrocities reported against Dalits, speaks to the caste bias of prosecutors, as well as other organs of justice, includingthe judiciary.Dalit women, occupying the bottom of both the caste and gender hierarchies, are both uniquely susceptibleto violence and particularly vulnerable to the infringements of their right to equal treatment before organsadministering justice. Cases documented by the National Commission for Women, Human Rights Watch, local andnational women’s rights organizations, and the press, overwhelmingly demonstrate a systemic pattern of impunity inattacks on Dalit women. Dalit women are more likely to suffer violence and especially sexual violence, and areleast likely to get redress in the courts. They are, in a sense, doubly victimized - first at the hands of their attackers,and then at the hands of judicial system that fails to offer them protection and redress.A Dalit woman who is a survivor of rape will face significant obstacles in bringing her case to the attentionof the police, and, in turn, the courts. She will likely face ostracism from her community and family, and she willhave difficulty gaining access to the justice system27. Further, even if a woman is able to surmount all theseobstacles and convince the police to lodge an initial complaint called the First Information Report, she will face newroadblocks at every step of the way. A Dalit woman is likely to be confronted with any of the followingimpediments to the successful prosecution of her case: unsympathetic doctors and police officers, difficulty infinding witnesses

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who are willing to risk their own safety by testifying, police officers and prosecutors who arebribed or pressured by the (usually more powerful) attackers, as well as having her case misfiled under more lenientsections of the Indian Penal Code or not being simultaneously filed under the Prevention of Atrocities Act28.The plight of SC women seems much more alarming when one looks at the data pertaining to serious crimes such as rape and murder‘. The number of reported cases of SC women being raped by the non-SC men increased from 604 in 1981 to 727 in 1986, 784 in 1991, 949 in 1996 and 1316 in 2001. The number came down to 1089 in 2003, but once again increased, though gradually, to 1157 in 2004, 1172 in 2005, 1217 in 2006, 1349 in 2007, 1457 in 2008 and 1346 in 2009. From the2009 data, it may be understand that in India on an average every day 29Dalits are murdered and Dalit women are raped by the non-Dalits. The data for the 1981to 2009 period for India as a whole indicate that not only the overall number of incidence of caste discrimination and violence but also the brutal crimes such as rape and murder ‘are on the increase. Recent datas seems toconfirm increasing trends on discriminations; in 2007 there were 1,349 reported rape cases, whereas in 2008 there were 1,457 cases; hence, the increase in 2008 was 8.0 percent30. It should be also noted that in India about 90 percent crimes against Dalit women are not reported to the police for the fear of social ostracism and threat to personal safety and security especially Dalit women. Also the legal proceedings are so complicated, tardy, time consuming, costly and unfriendly to Dalits that usually they do not approach courts or other law enforcing agencies for their redressal.A series of recent incidents from Haryana illustrates the major threat of violence faced by Dalit women. The violent nexus of caste and patriarchy has once again raised its hood in the form of increasing sexual violence against Dalit women in Haryana, where in the month of September 17 cases of alleged rapes have been registered31; among them a teenage girl committed suicide afterbeing raped, by setting herself on fire, and another victim’s father killed himself after he was shown a video of his daughter being raped32. In October, in the 15th incident of sexual assault on women in Haryana, a pregnant Dalit woman was allegedly abducted and raped by two youths in Kalyat area of the district33.On October 18th, it was on the news the murder of a Dalit woman who sought justice for her minor daughter, a victim of gang rape by local men of a dominant caste, Role of Women in Indian Polity

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in Karnal (Haryana)34.The Indian legislative framework promotes and protects women, starting from fundamental constitutionalprovisions like Article 15 which affirms the principle of non-discrimination on the basis of caste and gender.Article 21 guarantees the right to life and to security of life; and Article 46 specifically protect Dalits from socialinjustice and all forms of exploitation. Moreover, the Indian State has approved more specific documentsaimed at protecting Dalit women; the most important is the Scheduled Castes/ Scheduled Tribes(Prevention of trocities) Act approved in 198935. But the law has largely failed in its ambitious mandate. The provisions that promote women rights have tobe considered empty of meaning, since the low level of implementation left the situation basicallyuntouched, and has lead to a perceived and de facto impunity for the perpetrators of crimes against Dalitwomen.There is an urgent need for the redressal of violence against women as an absolute priority. The eliminationof discrimination and violence against Dalit women and girls are the key to the achievement of genderequality, peace and development. Women should be given essential protective and promotive measures,so that they can access their fundamental rights. Women’s socio Economic Status and Political Representation Women, as well as Scheduled Castes (SCs) and Scheduled Tribes (STs), areparticularly disadvantaged sections of Indian society. Women were significantlyunder-represented in political institutions in India, accounting for only 10% of themembership of national legislatures in 2009. Over the period 1985-2007, only5.5% of state legislators on average were women. Women were also significantlydisadvantaged in terms of human development. In 2007, India was ranked 114 outof 182 countries on the Gender Development Index of the UNDP and had only940 women for every 1000 men in the 2011 census. The Economist magazineestimated the number of “missing women” in India to be greater than 100 millionin 2009. Only 65% of women in India were literate in 2011, compared with 82%of men. Similarly, the literacy rates for SCs and STs were 55% and 47%respectively in 2001, compared to the nationwide average of 65%. Previousstudies have also documented that members of the SCs and STs have significantlylower access to public goods such as health and education facilities .In April 1993, the 73rd Amendment to the Indian constitution came into force.This Act required each state to set up a three-tier system of local government,comprising village, 106


intermediate and district level governance bodies, collectivelyknown as the Panchayati Raj36. All members of these local bodies were to bedirectly elected by the people every five years, and the Act provided for theestablishment of State Election Commissions to conduct such elections. Twenty-nine areas of administration, including decisions over health and educationservices, roads, sanitation and other local services were to be devolved to theselocal government bodies. State Finance Commissions were set up to providerecommendations on revenuesharing and making grants to these localgovernment institutions. The Act thus provided for a considerable degree ofpolitical, administrative and fiscal decentralization to the local bodies37. Two further provisions were made to strengthen the representation ofpolitical minorities in these local bodies. At least one-third of all council seats atthe village, intermediate (sub-district) or district level were required to be filledby women, and seats were also to be reserved for SC and ST communities inproportion with their population in the village, sub-district or district level. Thepositions of chairpersons of these local bodies were also to be reserved for womenand members of the SCs and STs. The chairperson reservations would function byrotation, i.e. in each election cycle, one-third of the districts would have theirchairperson position reserved for women, and another set of districts would havethis reservation in the next election cycle. Similar provisions were made for urbanlocal bodies as well.All states amended existing laws or passed new laws to be compliant withthe 73rd Amendment within one year. Elections were eventually held by allstates, though there is considerable variation in the timing of elections acrossstates. Of the many components of the new law, the most salient effects on crimeare likely to come from the change in the gender (and caste) composition of localgovernment councils. Law and order was not on the list of functions to bedevolved to local governments. Fiscal decentralization also has not gone very far,with most of local governments’ revenue still coming from grants from the state. UN Observation and Recommendations Several UN human rights bodies have raised concerns about the human rights situation of Dalit women.The Special Rapportuer on violence against women has noted that Dalit women are often the targets Role of Women in Indian Polity

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of violence and sexual offences when members of dominant castes demonstrate their power over Dalitcommunities. In 2009, the Special Rapporteur referred to 30 cases of violence against Dalit women in India being raped and beaten by higher castes, when attending their daily doings, such as working in the field, going the market or doing domestic work.Sometimes disputes over land and resources can be a cause of violence, but just as often they are violated simply because they are Dalit women. Almost all cases show that the Dalit women are punished by police officers when trying to file a complaint or threatened to remain silent, also by means of physical assaults and rape and threats of further recourses. The report reveals that women are often denied of their right to medical treatment for their injuries. The perpetrators are usually released on bail without arrest, police investigation or prosecution.The UN Committee on the Elimination of all forms of Discrimination against Women (CEDAW) has expressed concern about the ongoing atrocities committed against Dalit women in India and the culture of impunity for perpetrators of such atrocities in 2007 (CEDAW/C/IND/CO/3). Similarly, the CERDCommittee has noted its concern about the alarming number of allegations of acts of sexual violence against Dalit women in India, primarily by dominant caste men, in its 2007 Concluding Observations. The CEDAW Committee has confirmed that the Core Obligations of States Parties under the CEDAW Convention encompasses not only grounds explicitly mentioned, but also grounds such as age, class, caste,race, and ethnicity (CEDAW General Recommendation No. 28).The CERD Committee has recommended that states take all measures necessary to eliminate multiple forms of discrimination against women,including discrimination based on caste and analogous forms of inherited status in its General Recommendation No. 2938. Dalit Women and Politics Inclusion In India, according to the Census Report of 1991, Dalit women constitute 49.96% of the 200-million-strong Dalit population in India and 16.3% of the total female population of India. They number 80.5 million people, i.e. 8 out of every 100 citizens in the country, and 8% of the total Indian population. The literacy rate for Dalit women is only 23.6%. Vulnerably positioned at the bottom of the caste, class and gender hierarchies, Dalit women are victims of deprivation, exploitation andviolence. Not only do they face endemic violence and discrimination 108


(due to both caste and patriarchy), but the vast majority of crimes against them go unreported, unregistered and unpunished (the conviction rate is less than 1%). Moreover, they face violence and exploitation not only from the dominant castes, but also at home within their own families and communities. Dalit women have a drop-out rate of 54% at primaryschool level, which rises significantly as they move up to secondary school. The poverty rate among Dalit women is 36.2% as compared with 21.6% among non-Dalit women. 94% of Dalit women are engaged in the unorganized, self-employed sector (farm/wage workers, domestic helpers, etc.), marked by overwork, low wages, non-payment of equal wages and the absence of social security or maternity benefits39. Dalits have been asserting their identities through nationwide movements for almost 100 years now. In last decade, Uttar Pradesh (UP) has seen the rise of Dalit political power through the rise of the BahujanSamaj Party (BSP) and its leaders KanshiRam and Mayawati,40 with the latter becoming the first female Dalit chief minister in 1995. In the same year as an almost simultaneous process, Dalit women were initiated into grass-roots-level politics through the first panchayat elections held in UP. This has not been an easy experience for the Dalit women who have ventured out.They have faced innumerable problems ranging from proxy presence to noncooperation by male panchayat members. This has also happened to Dalit women voters whose claims to active citizenship have been hampered by caste and patriarchy. Poverty, a feudal social structure and caste-based oppression define the environment from which the elected women representatives (or ‘EWRs’) from the Dalit have come. Their experiences also call for the need to re-frame citizenship concepts from the double axes of caste and gender, the key argument being that although decentralization undoubtedly harbours the possibility of empowering citizens, it is not a cure-all that benefits women and men equally. This is an argument that has been glossed over in most assessments conducted on women in panchayats, which tend to highlight isolated cases of ‘empowerment’ without drawing much attention to the challenges still hindering access to power for Dalit women. Conclusion Caste institution is an inferno of all social evils. Theroots of caste are stillstrong in Hindu scriptures. Burning ofManusmriti by Ambedkar demonstrated his strongopposition to caste system but he could not Role of Women in Indian Polity

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annihilate it.Hindu caste system defied both the Muslim and British rule.Ambedkar’s conversion along with the retinue of hiscommunity to Buddhism was a strong protest against theHindu religion. He died without experiencing the fruits ofhis conversion. It is no doubt to say that caste system hascreated disintegration and strained relations between thedepressed classes and caste Hindus. The four-fold system ofcaste gave birth to Sati, Child marriage, permanentwidowhood, untouchability and among other things. Evenamong converts, not only the element of caste matters butalso class influences their society. Though Brahminicalsociety is already in existence, which is a bone of strongcontention, the rich among lower sections have becomeBrahmincal in their attitude. This trend is assumingdangerous proportions to become a new Brahminism. The ‘moneyed class’ and the ‘dominant caste’ tend to dictate terms to the hapless lower order of any social set-up as in India. The religious scriptures govern the state and while the dominant groups wield political power over the hapless. Indian rulers in their religious belief prostrate before the socalled god-men who interpret the religious scriptural significance. Disempowered classes are always the subjects and victims of social maladies. India is beset with both the caste and class menace which has enormously inflicted socio-cultural crisis in the integration of the country and it is a stumbling block in the progress of the nation.

References 1. See Julie Chi-hye Suk, Equal by Comparison: Unsettling Assumptions of Antidiscrimination Law, 55 AM. J. COMP. L. 295 (2007); Frank I. Michelman, Reasonable Umbrage: Race and Constitutional Antidiscrimination Law in the United States and South Africa, 117 HARV. L. REV. 1378, 13961418 (2004) (exploring the relationship between constitutional law and constitutional culture in South Africa and the United States). 2 Significant studies of Indian constitutionalism in comparative perspective include GRANVILLE AUSTIN, THE INDIAN CONSTITUTION: CORNERSTONE OF A NATION (1966); S.C. DASH, THE CONSTITUTION OF INDIA: A COMPARATIVE STUDY (1968); and SARBANI SEN, 110


THE CONSTITUTION OF INDIA: POPULAR SOVEREIGNTY AND DEMOCRATIC TRANSFORMATIONS (2007). A recent and important contribution to the literature on Indian constitutional law and comparative secularism is GARY JEFFREY JACOBSOHN, THE WHEEL OF LAW: INDIA’S SECULARISM IN COMPARATIVE CONSTITUTIONAL CONTEXT (2003). 3. There have been several efforts to compare affirmative action in the United States and the reservation policy in India, which have tended to focus on the mechanics and effectiveness of each system. See, e.g., SUNITA PARIKH, THE POLITICS OF PREFERENCE: DEMOCRATIC INSTITUTIONS AND AFFIRMATIVE ACTION IN THE UNITED STATES AND INDIA (2000); see also Clark D. Cunningham & N.R. MadhavaMenon, Race, Class, Caste . . . ? Rethinking Affirmative Action, 97 MICH. L. REV. 1296, 1302- 07 (1999) (arguing that Indian jurisprudence has gone beyond U.S. law in accounting for the underlying social dimensions of caste). 4. See, e.g., Marc Galanter, Pursuing Equality: An Assessment of India’s Policy of Compensatory Discrimination for Disadvantaged Groups, in SOCIAL AND ECONOMIC DEVELOPMENT IN INDIA: A REASSESSMENT 129 (Dilip K. Basu& Richard Sisson eds., 1986). 5. See, e.g., VICKI C. JACKSON & MARK TUSHNET, COMPARATIVE CONSTITUTIONAL LAW (2d ed. 2006); CASS R. SUNSTEIN, DESIGNING DEMOCRACY: WHAT CONSTITUTIONS DO (2001); ROBERTO MANGABEIRA UNGER, WHAT SHOULD LEGAL ANALYSIS BECOME? (1996); Bruce Ackerman, The Rise of World Constitutionalism, 83 VA. L. REV. 771, 794 (1997) (“Comparative constitutional law is in its infancy.”); Vicki C. Jackson, Narratives of Federalism: Of Continuities and Comparative Constitutional Experience, 51 DUKE L.J. 223, 254-63 (2001); Mark Tushnet, The Possibilities of Comparative Constitutional Law, 108 YALE L.J. 1225, 1228-30 (1999). 6. OLIVER MENDELSOHN & MARIKA VICZIANY, THE UNTOUCHABLES 7 (1998) (“[W]hy the varna system or Untouchability developed in India is far from clear, but perhaps it had something to do with the incursion of ‘Aryans’who migrated from Europe and established themselves in India.”); 1 ROMILA THAPAR, A HISTORY OF INDIA 48-49 (2d ed. 1990).


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7. BRIAN K. SMITH, CLASSIFYING THE UNIVERSE: THE ANCIENT INDIAN VARNA SYSTEM AND THE ORIGINS OF CASTE 46-47 (1994); see also LOUIS DUMONT, HOMO HIERARCHICUS: THE CASTE SYSTEM AND ITS IMPLICATIONS 65-89 (1970). 8. Dennis B. McGilvray, Paraiyar Drummers of Sri Lanka: Consensus and Constraint in an Untouchable Caste, 10 AM. ETHNOLOGIST 97 (1983) (arguing that upper castes and lower castes continue to agree about the ideological underpinnings of the caste system); AshutoshVarshney, Is India Becoming More Democratic?, 59 J. ASIAN STUD. 3 (2000) (arguing that politics in South India is increasingly caste-based). 9. Biswas,S.K. Towards a Casteless Society. Orion Books: New Delhi, 1998. 10. Ambedkar,B.R. Annihilation of Caste. Ed.A.L.Rawal. Bloomoon Books: New Delhi, 2000. 11. Biswas, A.K. Sati: Saga of a Gory Practice. New Delhi:Bluemoon Books,1997 12. Dalit NGO Federation (Nepal) “Nepal Alternative Country Report 2001.” 13. Durga Sob, “Caste and Gender Discrimination Against Dalit Women in Nepal,” Feminist Dalit Organization. See also Human Rights Watch, Rape for Profit: Trafficking of Nepali Girls and Women to India’s Brothels (New York: Human Rights Watch, 1995). 14. Human Rights Watch, Broken People, pp. 150-152. In reviewing India’s third periodic report to the U.N. Human Rights Committee, submitted under article 40 of the International Covenant on Civil and Political Rights (ICCPR) in July 1997, the Human Rights Committee regretted “the lack of national legislation to outlaw the practice of Devadasi, the regulation of which is left to the states,” and added that “it appears that the practice continues and that not all states have effective legislation against it.” The committee emphasized that the practice was incompatible with the ICCPR and recommended that “all necessary measures be taken urgently” toward its eradication. Consideration of Report by India to the Human Rights Committee, CCPR/C/79/Add.81, August 4, 1997. 15. Human Rights Watch, Contemporary Forms of Slavery in Pakistan, p. 72. If women bonded laborers seek legal recourse after sexual assault, they are subject to a series of laws that equate rape with adultery, an offense for which they can be punished under Pakistan’s Hudood Ordinances. See Asma 112


Jahangir and HinaJilani, TheHudood Ordinances: A Divine Sanction? (Lahore: Rhota Books, 1990). 16. National Campaign on Dalit Human Rights Response on Dalit atrocities. 17. Shah, et al., Untouchability in Rural India, pp. 117-18. For example, in Kerala, Dalit women report that they are tasked with breaking the roasted cashew nuts produced in factories—a job which over time deforms and stains their palms and fingers. 18. In Tamil Nadu, for example, Dalit women report that the upper-caste families do not send their children to the community centers that are run by Dalit women. 19. The NCDHR study also reports that in the village of Telipalash (Kalahandi, Orissa), a Dalit woman, PralayaSenapti, is theauxiliary nurse-midwife— great achievement for a Dalit woman. However, after administering medicines andimmunizations to upper-caste women and children in the nonDalit hamlet, her patients bathe and change their saris to purify themselves after she leaves. They ask Senapti to come early in the morning so that they may deal with her before their morning bath. If she must come later in the day, they will not accept medicines directly from her hand. Senapti told the survey-takers: “I do my work sincerely. I feel so insulted by this behavior.” 20. NHRC Report, Section VIII, p. 160. 21 For example, a large number of women engage in the traditional Dalit occupation of manual scavenging. However, development programs that have been targeted at families to eliminate manual scavenging have been utilized by male family members to change occupations, leaving women to continue manual scavenging to enhance household income. NHRC Report, Section VIII, pp. 161-62. 22. NHRC Report, Section VIII, p. 162. The Government of India has recognized that: the incidence of poverty amongst SCs [Scheduled Castes] still continues to be very high with 36.25 percent in rural areas and 38.47 per cent in urban areas, when compared to 27.09 and 23.62 per cent respectively, in respect of total population in 1999-2000. This is primarily due to the fact that a large number of SCs who are living below the poverty line are landless with no productive assets, no access to sustainable employment and minimum wages. While these figures reflect the picture for the entire Role of Women in Indian Polity

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SCpopulation, the women belonging to these groups suffer even more because of the added disadvantage of being denied equal and minimum wages. India’s Combined second and third periodic reports to CEDAW, October 19, 2005, CEDAW/C/IND/2-3. 23. Human Rights Watch, Broken People, p. 150. 24. For example, the Karnataka state government passed the Karnataka Devadasi (Prohibition of Dedication) Act in 1992, however, not a single case has been booked against priests despite many complaints and admonitions to that effect. NHRC Report, Section V, p. 61. 25. “When a devadasi is raped, it is not considered rape. She can be had by any man at any time.” Human Rights Watch interview with Jyothi Raj, Rural Education and Development Society, Bangalore, July 26, 1998, in Human Rights Watch, Broken People, p. 152. 26. Annual Report on the Prevention of Atrocities Act for the years 2001-2002, p. l2. 27. Human Rights Watch, Broken People, p. 166. 28. (citing RupandePanala, “When a Poor Woman Gets Raped,” Manushi (New Delhi) September - October 1990, p. 36). 29. Journal of Law and Conflict Resolution Vol. 3(9), pp. 151-168, November 2011 Available online at http://www.academicjournals.org/JLCR DOI: 10.5897/JLCR10.033 ISSN 2006-9804©2011 Academic Journals ,Growing crimes against Dalits in India despite special laws: Relevance of Ambedkar’s demand for ‘separate settlement’ ,A. Ramaiah 30. National Coalition for strengthening SCs and STs (Prevention of) Atrocity Act, People’s report on implementation of SCs and STs (PoA) Act 1989 and Rules 1995; 2009-2011. P. 15. 31. India Blog, New York Times, In Haryana, Hundreds Protest State’s Response to Rape, 15 October 2012. () 32. The Hindu, Pregnant Dalit woman raped in Haryana, 11 october 2012. ()

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33. The Hindu, Pregnant Dalit woman raped in Haryana, 11 october 2012. () 34. The Tribune, Dalit minor gangraped in Karnal, mother murdered, on line edition, 18 October 2012. () 35. http://idsn.org/fileadmin/user_folder/pdf/New_files/Key_Issues/Dalit_ Women/Navsarjanreport2011_genderviolence.pdf .pg.19 36. Certain small states were required to set up only two-tier systems of local government. 37. The village-level governing bodies (Gram Panchayats) have been known to exist in India since ancient times. However, their real power, effectiveness and representativeness have varied considerably over time. Ghatak and Ghatak (2002) argue that prior to the 1990s, the Panchayati Raj was not generally effective: elections were not held, and the Panchayats did not assume any active role. 38. www.idsn.org/caste-discrimination/key-issues/dalit-women/ visited on 1.1.2013. 39. For more information on the status of Dalit women in India, visit the website of the National Campaign on Dalit Human Rights at http://www.ncdhr.org.in/. 40. Mayawati (born on 15 January 1956) is an Indian politician. She is the current Chief Minister of Uttar Pradesh, India’s most populous state. It is the fourth time she has held this office, following three short tenures between 1995 and 2003. Her supporters refer to her as ‘Behenji’, or sister. At the age of 39, the unmarried Mayawati was the youngest politician to become chief minister in Uttar Pradesh. She is the first Dalit woman chief minister of any Indian state.


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Chapter - 6

Managerial Ability of Women in Indian Polity A. Raga Sudha*, M. Ananda Rao**, Dr. Naga Raju Battu***

Abstract India, with a population of around one billion persons is the second most populous country in the world after China. The political and administrative structure of the country is largely inherited from the British. The roots of women’s participation in politics can be traced back to the nineteenth century reform movement. The Swadeshi movement in Bengal (1905-8) marked the beginning of women’s participation in nationalist activities. Many of the women were from families involved in nationalist politics. Though the foundation for political participation of women was laid down during the nationalist movement, there was no follow up or concerted effort to broaden the political base by incorporating women into political processes after independence. Women play a dual role in politics – as voters and political representatives. On the voting front, though adult franchise was granted in 1937, it was the progressive spirit that pervaded the making of the constitution that made it a reality. Being politician is not an easy task due to the work with the people. From all production factors people are the most intricate to manage. *Research Scholar Dept of HRM , Acharya Nagarjuna University **Research Scholar Dept of HRM , Acharya Nagarjuna University ***Asst Professor Dept Of HRM, Acharya Nagarjuna University

Not everybody feels at ease in managing people. Nonetheless, there are certain personal abilities, which can predict the future efficiency and success of women politician. In fulfilling their duties women politicians use managerial abilities. Historically many women have been active in the informal political sphere in terms of political mobilization and they have participated in large numbers in political demonstrations and mass agitations as well as in the activities of nationalist and political bodies and organizations. We emphasize in conclusion, that the feminization of politics can not be the prerogative or responsibility of just men and women engaged in politics but that to be effective, it must mobilize the society as a whole. There are nearly 1.5 billion people in India and over thirty percent of them are well educated and can speak fluent English. This means the world relies on them since Indians provide an educated workforce for today’s competitive and technology-driven workplace. As such, Indian men and women are seen in professional and middle management ranks in various industries and other fields across the globe. This study focused on the managerial abilities, technical, human and conceptual skills of women from India politics to see if gender differences can be a factor. It shows that the women have significantly different skills. Women have an extremely high score on the technical and human skills. Introduction India, with a population of around one billion persons is the second most populous country in the world after China. Located in South Asia, the country is spread over an area of 3.2 million square km, which makes it the seventh largest country in terms of area. The country was under British Rule for about one hundred and fifty years before 1947, when it became independent. In the year 1950, it declared itself a republic. India is a federal system of government with 25 states and 7 union territories. It has a population of about 1 billion out of which 26 percent live in urban areas. The per capita GDP of India is about US$ 370. Agriculture accounts for 31.1 percent of the economy, while industry and services account for 23 percent and 45.9 percent respectively, of the economy. The sex ratio of the population is 48.1 percent and is rather skewed in favor of males. The most favorable sex ratio in the country is in the state of Kerala at 50.9 percent, while the Union Territory of Lakshadweep has the worst sex ratio at 40 percent. Life expectancy at birth for women is Role of Women in Indian Polity

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58.7 years and for men it is 57.7 percent. The overall literacy rate is 52.2 percent. Literacy among men is 64.1 percent and among women it is 39.3 percent. Women make up about 28 percent of the labor force. There still exists a significant gap in the education levels of men and women. The literacy level is a lowly 39.3% for women. Regional disparities are also quite significant, with Kerala having achieved cent percent literacy and Rajasthan having a dismal 20.4 percent literate women population. Politics and Governance The political and administrative structure of the country is largely inherited from the British. The British introduced local democracy in India by constituting municipal councils and the municipal corporations in the last quarter of the nineteenth century. They also provided a federal structure to the country with the Government of India Act, 1935. The country today has a quasi-federal structure. Apart from the Government of India in New Delhi, there are twenty-five States with their own state governments. The Seventh Schedule to the Constitution of India divides the subjects of State activity between the Union and state governments. The Union (Centre) as well as State governments in India both have a parliamentary form of government based on the Westminster pattern. The executive powers of the central government are vested in the Council of Ministers with the Prime Minister at its head. Similarly, the executive powers in the State governments are vested in its Council of Ministers with the Chief Minister at its head. This enables a regular exchange of officers between the field and the central levels. Senior Indian Administrative Service Officers who have had their initial grounding in different States of India thus man the top secretariat posts in most ministries of the Government of India. India is a democratic republic and full freedom of speech and religion is allowed to all its citizens. The Constitution of India guarantees the following Fundamental Rights to the citizens of India. Right to Equality: This includes equality before law (Article 14), prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15) and equality of opportunity in matters of employment (Article 16). Right to Freedom: This includes protection of certain rights regarding freedom of speech etc. (Article 19), protection of life and 118


personal liberty (Article 21) and protection against arrest and detention in certain cases (Article 22). Right against Exploitation: This includes prohibition of traffic in human beings and forced labour (Article 23) and prohibition of employment of children in factories etc. Right to Freedom of Religion: This includes freedom of conscience and free profession, practice and propagation of religion (Article 25), freedom to manage religious affairs (Article 26), freedom as to payment of taxes for promotion of any particular religion (Article 27) and freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28). Cultural and Educational Rights: These include protection of interests of minorities (Article 29) and the right of minorities to establish and administer educational institutions (Article 30). The Constitution of India further guarantees the right to move to the Supreme Court for enforcement of the above rights. India has a multitude of political parties; some organized on economic ideology, some on religious ideology while some on local and linguistic aspirations. However, only three or four parties really have a presence at the National level; the Congress Party that was the ruling party for more than forty years, the Bharatiya Janata Party (the present ruling party with its allies), the Janata Dal and the Communists. There are many religion-based parties like the Akali Dal (Sikhs in Punjab), the Muslim League etc. The regional parties like the DMK and AIADMK (Tamil Nadu), Shiv Sena (Maharashtra), Telugu Desam (Andhra Pradesh) and some parties in the smaller North-Eastern States have been contenders of powers in the State governments of their respective states. However, at the National level, only three parties have been able to provide the Prime Minister i.e. the Congress, the BJP and the Janata Party/Janata Dal in alliance with smaller parties. An independent body called the Election Commission of India conducts elections to the parliament and the state legislatures in India. The elections are based on a universal adult suffrage with voting rights to all citizens above eighteen years of age. The lower houses of the national and the state legislatures have a five-year term although elections are regularly held before this term expires. The elections to the local bodies have been brought under Role of Women in Indian Polity

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the purview of a similarly constituted body called the State Election Commission. These bodies also usually have a five-year term. It is statutorily not possible to supersede the local bodies for long periods or to keep them under Government-appointed Administrators. Evolution of Women’s Participation in Political Activities The roots of women’s participation in politics can be traced back to the nineteenth century reform movement. This movement emerged as a result of conflict between the Indian bourgeoisies, trying to wrest control from the British. This class made attempts to reform itself, mainly by campaigning against caste, polytheism, idolatry, animism, purdha, child marriage, sati etc., perceived as elements of primitive identity. Raja Ram Mohan Roy focused on two issues, namely women’s education and abolition of sati. In the early 1850s, a campaign on widow remarriage was launched resulting in the passage of a Bill in 1856, which allowed widow remarriage. This Bill though helped the situation of widows, denied them the right to their husbands’ or his family’s properties. Several eminent women reformers participated in this movement as well as in the religious reform movement of this period. Pandit Ramabai, Manorama Majumdar, Sarala Debi Goshal who started Bharata Stree Mahamandal for the education of women, Swarna Kumari Debi who started the women’s organisation Sakhi Samiti in 1886 for widows are few examples. These activities gave momentum to women’s participation in public spaces, which paved the way for their entry into the independence struggle. Swarna Kumari Debi, one of the two delegates elected from Bengal to represent the State at the 1890 Congress session is a case in point. Participation and representation of women in politics and administration Political participation Women play a dual role in politics – as voters and political representatives. On the voting front, though adult franchise was granted in 1937, it was the progressive spirit that pervaded the making of the constitution that made it a reality. The Constitution of India guarantees equal rights to men and women as voters and citizens. Generally, in India, registration and participation of women as contestants is less than that of men. In recent past, records show that there has been an increase in the percentage of women who vote. Such participation is also contingent on the mobilization efforts made by political parties, NGOs, Action Groups 120


and the general awareness among the community of the importance of women exercising their franchise. Again, a note of caution is required, lest it be assumed that political participation always indicates political awareness on the part of the woman voter. Usually, however, countries that do hold regular elections show an improved recognition of women as a political constituency and parties and candidates tend to adopt prowomen stances and appeal specifically to women’s votes, especially at the time of elections. This becomes very evident when we look at consecutive elections in the Indian context, wherein there is a growing consciousness of the need to woo the woman voter and the need to pay attention to the needs and issues of women, in the election manifestos of political parties. Since Independence, due to exercise of their franchise, Indian women have been exposed to the political processes and are showing increasing awareness about not only lack of rights but also their utility. A majority of illiterate rural women are also politically sensitive and aware of the various issues confronting them. Women get easily mobilized in the political processes by the political parties who approach women very often for party issues and for short-term goals by winning elections, but not for long-term goals of bringing about social changes and gender equality in political power-sharing. Managerial Abilities, Roles and Skills of Women Politician Being politician is not an easy task due to the work with the people. From all production factors people are the most intricate to manage. Not everybody feels at ease in managing people. Nonetheless, there are certain personal abilities, which can predict the future efficiency and success of women politician. •

Creativity – Ability To Search And Find New Solutions

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I ntuition – Be Able To Predict Future Development From Own Experience Without Analysis

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oal-Oriented – Be Able To Set Real Goals And Respect The G Goal’s Hierarchy

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Responsibility – Sense For Achieving Set Goals And Objectives

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elf-Confidence – Belief In Own Strength And Ability To S Achieve Goals


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•

I nitiative – An Effort To Look For New Possibilities And Solutions For Reaching Set Goals

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I ndependence – The Courage To Make Decision Based On Own Judgment

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autiousness – Be Able To Make Decision Under Stress And C Unsure Conditions

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Scrupulosity - Support Social Values And Norms

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Discipline – Self-Control And Regulation Of Own Behavior

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ersistence – Tenacity Needed To Overcome Barrier When P Achieving Goals

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ptimism – Orientation Towards Positive Goals And Things In O Connection With Faith In Success

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Fantasy – Creation Of Visions And Imaginations About Future

Every man has hidden potential of certain kind inside. It is important how one can utilize this potential. Political leader needs to use and influence behavior of people around to reach the goals of the government. In doing so Political leader use the managerial functions – planning, organizing, leading and control; while “playing” the following roles in the parliament. •

Interpersonal Roles – Figurehead, Leader, Liaison

•

Information Roles – Monitor, Disseminator, Spokesperson

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ecision Making Role – Entrepreneur, Disturbance Handler, D Resource Allocator, Negotiator

In fulfilling their duties women politicians use managerial skills. These skills directly affect the results of the manager, but they can be learned and gained by training. The criteria for dividing the skills can vary but these are considered to be the basic managerial skills, which are needed for an effective managerialwork •

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echnical – ability of politician to use specific methods and T techniques in doing the managerial work. However these technical skills are not related to technology, such as skills of engineer. The technical skills for politician represent the usage of methods like break even analysis in planning or ability to prepare for and conduct a structured interview. Role of Women in Indian Polity

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I nterpersonal – people are most valuable resource of any government and politician needs to know how to lead people. Abilities include motivation of workers, solving work conflicts, communication and working with people. Therefore interpersonal skills are essential on every level of management.

•

onceptual – these skills are must for middle or top manager. This C is the ability to “grasp the whole picture”. See the government as one whole intertwined with the surrounding environment with the relevant priorities and important issues.

•

ommunication – politician needs information for decision C making. Ability to disseminate and receive information is thus important tools for politician. It is not only verbal communication, but the politician should be able to distinguish non verbal signals, mood and feelings to filter the right information.

Managing Meetings In many meetings there is at least one point on which everyone agrees: meetings areawful. They are a waste of time, do not achieve anything, start late and go on far too long, do not make decisions (or make decisions that are unmade at the next meeting). The list of complaints seems endless, and is remarkably consistent from organisation to organisation.Meetings do not have to be awful. They can be useful, informative, challenging, and even exciting. But for this to happen they need careful planning and management. 1. Planning the agenda: An agenda can be drawn up any number of people: by the person who will be chairing the meeting, the secretary, the manager or anyone who has a clear idea of what the meeting is about. It does not matter who does it, so long as everyone knows whose responsibility it is, and how to get items onto the agenda 2. Drawing up the agenda: The person drawing up the agenda should go through the minutes of the previous meeting, and include any items that need to be carried forward or reviewed. Everyone should be asked in advance what they want covered. 3. Planning the meeting: If any papers need to be read before the meeting, they must be circulated in good time. If people need to bring anything with them to the meeting this should be clarified. The room Role of Women in Indian Polity

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and the arrangements need to be taken care of. And finally, the agenda and invitation to the meeting need to be sent out in good time with the expected schedule clearly laid out.

4. The meeting: Chairing: At the start the Chair should: •

Welcome participants.

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Introduce visitors or newcomers, as appropriate.

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Ask for apologies for absence.

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riefly explain the agenda, saying which items will need B decisions, and which are for discussion or consultation.

•

If appropriate, ask whether any other items should be included.

5. Minutes : A minute is a record of what the meeting discussed and decided about a particular topic. It must include: •

ny decision reached by the meeting (including a decision not A to take action or a decision at that time)

•

Action required to implement the decision

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Who will take the action

•

Any deadline or time limit for the action.

Managerial Ability of Womenin Indian Politics Before delving into these issues of female advantage and disadvantage, we note that women’s corporate and political leadership is on the rise. Whereas women held only 18% ofmanagerial and administrative positions in the United States in 1972, by 2002 that percentagehad increased to 46%. Moreover, in the Fortune500, both the percentage of women among all corporate officers (15.7%) and CEOs (1.4%)are at all-time highs. Likewise, although women constitute only14% of the Congress of the United States and 12% of state governors, 42% of the womenwho have ever served in the Senate are in office now, as are 26% of the women who haveever served as governors. Also, 43 of the 59 women who haveever served as presidents or prime ministers of nations came into office since 1990. Despite these changes, men, far more often than women, occupypositions conferring decisionmaking authority and the ability to influence others’ pay or promotions. The increase in female leaders has been accompanied by changes in 124


theories andpractices of leadership. Whereas in the past, leaders based their authority mainly on theiraccess to political, economic, or military power, in postindustrial societies leaders sharepower far more and establish many collaborative relationships.Therefore, contemporary views of good leadership encourage teamwork and collaboration and emphasize the ability to empower, support, and engage workers. Trade books urge managers to put people first by using‘‘resonance-building styles. That support commitment, involvement, active pursuit ofthe vision, and healthy, productive work relationships’’. These contemporary approaches to leadership not only recommend a reduction inhierarchy but also place the leader more in the role of coach or teacher than previous modelsof leadership. Although the specifics of these views vary, most such discussions emphasizethat leader roles are changing to meet the demands of greatly accelerated technologicalgrowth, increasing workforce diversity, intense competitive pressures on corporations andother organizations, and a weakening of geopolitical boundaries. Managerial work is undergoing such enormous and rapid change that many managers are reinventing their profession as they go. With little precedent to guide them, they arewatching hierarchy fade away and the clear distinctions of title, task, department, evencorporation, blur. Faced with extraordinary levels of complexity and interdependency,they watch traditional sources of power erode and the old motivational tools lose their magic. The case for women’s wider participation and representation Women in India constitute nearly half the population of the country, but they are poorly represented in the various governance and decision making bodies. The position depicted through the 14 general elections so far reflects a low representation of women in Parliament, State legislatures, in political parties and other decision-making bodies. Less than 8% of Parliamentary seats, less than 6% Cabinet positions, less than 4% of seats in High Courts and the Supreme Court, have been occupied by women. Less than 3% of the administrators and managers are women. The average percentage of women’s representation in the Parliament, Assemblies and Council of Ministers taken together has been around 10%. (UNIFEM: 2000). The Indian Constitution guarantees to all women the fundamental right to equality (Article 14) and equal voting rights and political participation to both men and women. As reflected in the Role of Women in Indian Polity

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Preamble, the Indian Constitution is firmly grounded in the principles of liberty, fraternity, equality and justice and contains a number of provisions for the empowerment of women. A woman’s right to equality and nondiscrimination are defined as justifiable fundamental rights (Article 15) and there is enough room for affirmative action programmes for women. Equality of opportunity in matters relating to employment or appointment to any office under the State is a fundamental right (Article 16). The Directive Principles of State Policy stress on the right to an adequate means of livelihood for both men and women equally (Article 39a), equal pay for equal work for both men and women (Article 39d), provision for just and humane conditions of work and for maternity relief (Article 39e). Directives for promoting harmony and renouncing practices derogatory to the dignity of women are also provided for in the Indian Constitution. The political rights of women are recognized without any discrimination, or distinction and they have the right to participate in decision making at all levels equally with men. The right to constitutional equality has been supplemented by legal equality by the passage of a number of Acts through which the traditional inequalities in respect of marriage, divorce and property rights are sought to be eliminated. However, in spite of these constitutional and legal provisions, the ground reality is that women have not obtained adequate and proportionate representation in the legislative and other decision-making bodies. Political Mobilization and Participation Historically many women have been active in the informal political sphere in terms of political mobilization and they have participated in large numbers in political demonstrations and mass agitations as well as in the activities of nationalist and political bodies and organizations. The political mobilization and participation of women has been impressive in the Indian National Movement, in revolutionary Left movements, anti-price rise stirs, on legislation on rape, against the practice of widow immolation, in the anti-liquor movements and movements against deforestation etc. During the National Movement against colonialism women were mobilized actively particularly under Gandhi’s leadership and women’s organizations within the political parties participated actively in the cause against colonialism for instance in the Civil Disobedience Movements and Salt Satyagraha etc. But once freedom was won, the women’s wings were more or less marginalized 126


and assigned areas that primarily dealt with women and children or other ‘welfare’ activities and women’s organizations ended up playing a secondary and supportive role to the male leadership in power. The leaders of such organizations were seldom women with independent political careers unless they were from political families with the backing of male political activists. It is worth noting that the political mobilization of women and their participation in elections has steadily increased since the first General Elections of 1952.Competitive elections and democracy has not necessarily led to better political representation of women in Indian politics. The candidates fielded by the various political parties are still predominantly male and women account for only five to ten percent of all candidates across parties and regions. As reflected in Table 6, the percentage of representation of women in the Lok Sabha varies from 4.4 in 1952 to 8.1 in 1984, declining to 5.2 in 1989, rising to 7.9 in 1998 and 9.02 in 1999 and again declining to 8.1 in 2004. In Rajya Sabha, proportion of female members started with 7.3 per cent in 1952 and rose to 15.5 per cent in 1991, but again declined to 6 per cent in 1998 and rose to 10.3 per cent in 2005, again slightly declining to 9.9 per cent in 2006. On the whole the representation of women in Parliament (Lok Sabha and Rajya Sabha) and the State Assemblies remains low. Thus despite the increase in electoral participation of women, their representation in the formal political structures has not changed much. Power rather than Representation The real reason for the low political representation of women in the formal political structures and decision making levels, seems to lie in the compulsions of competitive elections and the quest for power by the political parties in a multiparty democracy. Increasingly the compulsions of the political parties due to narrow majorities, precarious coalitions and hung parliaments have made the question of power rather than that of representation the determining factor. Women’s issues and women’s participation and representation are encouraged only within the parameters of power and are constrained by the basic objectives and interest of the parties either to capture power or survival, if in power. While women are mobilized to vote by all the parties, at the stage of distributing tickets for standing for elections, the number of women drops dramatically. At this stage, political parties are driven more by power considerations with an eye on the ‘winnability’ of the candidates from Role of Women in Indian Polity

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the angle of the prospect of government formation. Women lose out at this stage as the imperative of ‘winnability’ seems to compel political parties to deny tickets to women unless they are sure to win. Women are considered to have less chances of winning, which is not necessarily true. In the 1996 elections, Uttar Pradesh had the largest number of women candidates contesting the elections: 55 for 85 seats. In Rajasthan 17 women contested in 25 constituencies. Orissa had 10 for 21 constituencies and in West Bengal, 21 women contested in 42 constituencies. However Kerala with better social indicators including female literacy had only 4 women contesting. A total of 599 women contested the elections. With all this women constituted only 3.4% of the total number of contestants. In 1998 there were only 274 women candidates out of a total of 4750 candidates contesting the elections. In 1999, out of 284 women who contested, 49 won, the success rate being 17.3% and for men it was 11.3 %. Women therefore had a better percentage of winning. In the General Elections of 2004, out of 355 women who contested from the main Political Parties, 44 won, the success rate being 12.4 % whereas men’s success rate was 9.8 %. It is interesting to note that though the number of women representatives in Parliament has not been very impressive their success rate in terms of percentage of contestants getting elected had always been higher than that of the male contestants. Women of Power and Women in power in Indian Politics In spite of the low political representation of women in Indian politics, it must be noted that some women leaders have an important place in Indian politics today. Jayalalithaa as leader of AIADMK, Mamata Bannerji as leader of Trinamul Congress and Mayawati as leader of Bahujan Samaj Party (BSP) are instances in point. Some of them head important and strong regional political parties which have been in alliance with major national political parties both outside and in national government. Even though the rise of some of these women leaders might be linked to their proximity to male leaders, they now hold a position of leadership within the party in their own right who can influence the decisions of their own party as well as the course of national politics. In addition, the example of Indira Gandhi who rose to be Prime Minister of India, and later of Sonia Gandhi, leader of the Congress Party, both of whom had the dynastic advantage underpinning their leadership and position of power and decision-making in the Congress 128


Party and the government can hardly be ignored. But the positions of authority of these women leaders did not include any specific mandate to address only women issues. In this sense as leaders of political parties, they were as power driven as their male peers. Political leadership by women is not dramatically different from that of men. Women leaders are no better or worse than men. Nor have women leaders been typically anxious to give greater representation to other women within their own organizations or in the political process generally. Representation of women has not necessarily increased greatly under the leadership of women. In fact interestingly the 73rd Constitutional amendment and the policy and implementation of 33% reservation for women in Panchayats received strong support and impetus due to Rajiv Gandhi’s interest and advocacy in the matter. Thus the Indian political system cannot be said to be non-receptive to the emergence and dominance of women leaders even though the political representation of women has not particularly registered a significant increase over the last 14 general elections. While on the one hand most women politicians have found it difficult to rise within male dominated party hierarchies, on the other hand some women have managed to become leaders when they have set up parties of their own. Once they have established themselves as leaders, there has been an unquestioning acceptance of their leadership and decisions by the party rank and file, even if it is largely male. Women in parliament or legislatures do not necessarily confine themselves to women issues only. In the absence of a specific mandate for representing women issues, most of them feel that they represent both men and women of their constituencies. Like men they are drawn into the game of power with all its ruthlessness even though women’s approach to politics may not be identical to that of men. In fact even the women’s wings or organizations of parties are not necessarily marked by kind of feminist perspective or sensitivity. Also, the patriarchal articulations whether by male politicians and leaders or internalized by women candidates in presenting themselves as ‘bahus’ and ‘betis’ relying on traditional patriarchal notions of femininity are not absent in Indian politics. Many times women public figures do adapt to and adopt male priorities predominating in public life in order to be acceptable. Many women internalize the norms and roles of patriarchal political structures and merely replicate them instead of questioning them, resulting in reinforcing existing hierarchies of power. Role of Women in Indian Polity

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The first post-independence Lok Sabha (the People’s Council or the Parliament) had 4.4% women. The period between the early 1940’s and late 1970’s saw an emergence of the Indian women’s movement, but it was not until the 1980s that the women’s movement gained real momentum. Reservation at the Panchayat Level In 1976 the Committee on the Status of Women in India was established and published a report recommending an increase in elected women at the grassroots level, which led to the introduction of the 33.3% reservation at the Panchayat level in 1988. It was only in 1993 that an amendment in the constitution made the proposed reservation at the Panchayat (village level governing councils) a reality. In the last two decades since the reservation for women in elected Panchayats was passed, many studies have been conducted to look at the impact of this policy. A survey conducted in 2008 yielded that women made up close to 50% of all the village councils across the India. The number of women representatives has certainly increased at the grassroots level; however, questions still remain regarding their decision-making power within the councils. A study in West Bengal and Rajasthan by the Institute of Management Studies (Calcutta) and the Massachusetts Institute of Technology (MIT) found that where women Panchayat members were active, there were more robust programs on water, irrigation, and infrastructure. The study conclusively states that in Panchayats where women were present policies were more beneficial to the community than in Panchayats where women were absent. A study by The Accountability Initiative also states that in Panchayats with female presidents, the participation of women in the larger council rose close to 3% in one year. The reason for the increase in women’s participation is correlated to two possible factors: first, women representatives exemplified new possibilities for change; and second, women leaders took up issues that would have a positive impact on the community as a whole. Caste and Class Politics The complexities of politics in India are embedded in class, caste, and religious identities. An analysis by International Idea of

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women in the Indian Parliament between 1991 and1996 found that among the small number of women Parliamentarians, a disproportionate number represented the Brahmin caste (the higher caste in the Hindu caste system). Most local governments remain largely patriarchal and caste-based institutions, hindering inclusive governance. Furthermore, social mobility remains a privilege of members of higher classes and caste, although this is dramatically changing as a result of reservations for Scheduled Castes (SC) and Scheduled Tribes (ST) in politics and education. For women politicians, class, age, and caste all have significant impact in their political lives. India is one of the few countries in the world that has elected a woman leader. Indira Gandhi was among the very few women leaders in the world during her time in office. However, her role as the Prime Minister was not seen as a win for the women’s movement in India. She was the granddaughter of Jawaharlal Nehru and represented the political dynasty of her family. Additionally, her controversial political moves during the declared period of Emergency (1975- 1977) suppressed dissent, forcing many of the radical women’s rights movements to go underground. In 2007 India elected its first female President, Ms. Pratibha Patil. While the President holds a mostly ceremonial role in Indian politics, Ms. Patil’s election was deemed a symbolic move towards a more equitable representation of women at the highest levels of government. . 33% Reservation for Women The Women’s Bill in April 2010, which gives 33.3% reservation for women in all levels of Indian politics, took 14 years after its introduction to finally pass by the Rajya Sabha (the upper house of parliament). It is yet to be passed by the Lok Sabha (the lower house of parliament). The reservation bill will ensure 181 out of the 543 seats at the Parliament level, and 1,370 seats out of the 4,109 seats at the State Assembly level. This is a historic move in the Indian political landscape, as currently women occupy less than 10% of seats in the national Parliament. The Women’s Bill will also significantly change the demographics of class and caste among women politicians in leadership positions in the Indian political structure. It will create a path for women from lower


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classes and castes (who are currently confined to local-level governance) to enter state and national level governments. In addition to the existing reservations for scheduled castes and scheduled tribes, one third of the SC and ST candidates must be women. Other Backward Class (OBC) members are not included in the reservation due to the wide disagreement about who constitutes OBC and a lack of existing data on the OBC population. The two main arguments against the bill are that it will only benefit elite women (particularly in national level politics) and that there should be reservations for Dalit, minorities (particularly Muslim women), and OBCs. However, supporters of the bill do not agree with creating quotas within the existing 33% women quota in parliament, as SC and ST quotas already exist. The bill mandates that all political parties reserve one third of their electoral ticket for women, including in the already mandated reservations for SC and STs. This will inadvertently create spaces for lower caste and class women to enter state and national level politics. The passage and implementation of the Women’s Bill, and its impact on the existing gender, class, and caste barriers, is yet to be realized, but one thing is clear: India’s politics is moving closer to equitable inclusion than ever before. Axis 1: Increase The Representation of Women in Politics Activity 1.1: - T rain interested women, on preparation of electoral campaigns and lobbying techniques and provide them with a good knowledge of their social, economic and cultural development; - I mprove the understanding of female psychology, with emphasis on cultural taboos or interdictions; - E laborate a social program comprising education, health, and environment, economic and civic life; - Include training of trainers to ensure sustainability. Expected results: - A pool of women has been trained and acquired the tools, knowhow and competences to apply and implement their engagement to contribute to the development process. 132


- The accent is put on the quality of women and the sustainability of the action. - A pool of women interested to enter into politics is set up in each country. Activity 1.2: - D evelop electoral education for men and women so that the vote of women expresses their own opinion and not the opinion of their cultural environment; - I n the long term, include this approach in the program for civic education, preferably since a young age. Expected results: -

The population is encouraged to civic responsibility;

- T he population is informed of their rights, of the constitution of the country and the role of the State, of democracy and of government. Activity 1.3: - Design and implement an awareness raising campaign; - P roduce communication materials transmitting the key messages of the movement; - M obilize each region or district for a visible and effective national action; -

Broadcast specific programs and debates on radio and TV;

- Organize a media campaign with projection of role models; - Support projects undertaken by women within the communities; Activity 2.3: - Reinforce the role and objectives of the national REFAMP; - S et up a mentoring tool from the members of REFAMP/IO for the new women candidates; - C onstruct a solid and efficient network by setting up a regional platform;


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- F avor exchanges of best-practice with the colleagues from other parties. Expected results: A good quality mentorship scheme for the new candidates is in place; - The lobbying is more solid and efficient; - A website to increase the visibility of the actions and to maintain the regional dynamics is developed and regularly updated. Activity 2.4 : Establish a structure for mobilizing financial resources from institutions and international donors, private sector and other partners; - Mobilize intellectual resources among academics, media and young graduates. Expected results : The necessary resources are available for the effective implementation of action plans; - A pool of talent is available and mobilized as needed. Axis 3 : Encourage The Elaboration of An Act Favoring The Integration of Women in Politics Activity 3 : Investigate the barriers to the design and implementation of electoral reforms favoring parity and propose concrete actions; Lobby for the inclusion of parity in the statutes and programs of political parties; - Study the positive effects of instruments such as quota systems or proportional representation as catalyzers of change; - Propose an electoral law that responds to the expectations of a fair and equitable society. Expected results : - A n electoral law is proposed and adopted by the parliaments of each country; - A roadmap for the follow-up and implementation of the electoral law is established. Conclusion We emphasize in conclusion, that the feminization of politics can not be the prerogative or responsibility of just men and women engaged 134


in politics but that to be effective, it must mobilize the society as a whole. The more each national network remains open, interactive and transverse (in other words, the more it carries a neutral and impartial voice), the more credible, robust and sustainable it will be. Accordingly, it appears essential to develop an action plan gathering the commitments from international organizations and the Millennium Development Objectives at both national and regional levels. Ideally, this plan should derive into an empowerment program for women which, beyond its necessary political dimension, would constitute a real project for the society. Setting up a regional platform with all the actors involved in the feminization of politics would allow following the objective of increasing the place of women in the development of their country and in the improvement of the conditions of life of its inhabitants. Called above everything to play an advocating role, the platform could fast become an essential voice in both the national and regional space of the Indian Ocean. Such an approach derives naturally from the willingness to identify and use the right keys at the right moment so that equality between men and women can materialize. The implementation of this project requires in consequence the engagement of women inspired not by opportunism but by a desire to undertake the combat for equity for the benefit of society. This is an essential condition to ensure the sustainability and effectiveness of the initiative. It is important to stress that like the equal right to vote, participation and representation in legislative bodies may not in itself be enough for women’s political empowerment or to remedy the problems of discrimination faced by women in Indian society.

References 1. Agarwal, S., & Mital, M. (2009). An exploratory study of Indian university students’ use of social networking web sites: Implication for the workplace. Business Communication Quarterly, 72(1), pp. 105-110. 2. Austin, R., Nolan, R., & O’Donnell, S. (2009). The technology manager’s journey: An extended narrative approach to education technical leaders. Academy of Management Learning & Education, 8 (3), pp. 337-355.


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3. Bodas, J., Ollendick, T.H., & Sovani, A.V. (2008). Test anxiety in Indian children: A cross- cultural perspective. Anxiety, Stress, and Coping, 21(4), pp. 387- 404. 4. Buddhapriya, S. (2009). Work-family challenges and their impact on career decisions: A study on Indian women professionals. Vikalpa: The Journal of Decision Makers, 34(1), pp. 31-45. 5. Buttner, H., & Gryskiewicz, N. (1999). The relationship between styles of creativity and management skills assessment. British Journal of Management, 10(3), pp. 228-238. 6. Clem, A. H. and Mujtaba, B. G. (2010). Infusing value: application of historical managementconcepts at a modern organization. Journal of Management and Marketing Research, 4(1)

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Chapter - 7

Caste Politics & Women in India Dr. Deepak Kumar Pandey*

The emergence of new kind of violence and with radical intensity, despite long cry from different sections depicts a very ugly side of Indian Society, which necessitates the new approach of thinking from different perspectives that despite having so many structural laws why women; and more specifically we may use the term ‘females’; have been victims of not only sexual lust of man but victim of its long embedded frustration against the whole society of females. India’s rankings on international scales such as the Human Development Index (HDI), the Gender Development Index (GDI) and the World Economic Forum continue to drop steadily over the years. As is typical in many situations, a woman’s body is perceived as representing family and community honour, and to teach a family or community a lesson, women are generally the primary targets.1 Case of rape and physical atrocities against the women and even against the Childs makes ashamed the whole humanity. And even portraying ourselves as humans in this case, put the obvious question that ‘What the Human means in this so called civilized society, where there is not a single safe corner or space for the women?’Are we as men, willing enough to provide social and political space to our Mothers. *Assistant Professor of Political Science, Govt. Degree College, Barkot, Uttarkashi (Uttarakhand)

Daughters, Sisters and even Wives? And simply answer comes out in big ‘No’. In theory we give access to women in our polity, but reality is actually far behind. Here in context of mass involvement and realization of power by different castes and sub- castes at different time and space, question arises that, are women not ready enough to accept themselves as a political class or a different class to realize the power, or are accepting their identities within caste and sub-caste structure of Indian society, or it is the impact of hegemony of patriarchic society, in which women considered themselves and their own identity under men? In view of Rajni Kothari, “The alleged ‘casteism in politics is thus no more and no less than politicization of caste. It is something in which both the forms of caste and the forms of politics are brought nearer to each other, in the process changing both. By drawing the caste system into its web of organization, politics finds material for its articulation and moulds it into its own design. In making politics their sphere of activity, caste and kin groups on the other hand, get a chance to assert their identity and to strive for their positions….. Politicians mobilize caste groupings and identities in order to organize their power.”2 But whether politicization of women has been done or yet to be started, this is question to think over. Why women in Indian polity can’t be a centre of power and why ‘womanism’ in Indian polity is not visible despite its largest number. In fact in Indian polity, politicization of Indian society has been done in the fragmented structures. Woman, as a group, like caste has not yet been politicized. It is true to the large extent that caste as a group uses politics for power. In 2007 in assembly elections of Uttar Pradesh major combination of scheduled caste with Brahmins in the name of social engineering leads Bahujan Samaj Party to power. It was mutual collaboration of both the castes to utilize politics for the sake of power. In 2012 assembly elections, when this alliance becomes weak, Samajwadi party comes into power with help of alliance of caste of Yadavs, Thakurs, Muslims and other small caste groupings. Rajni Kothari rightly argued that, “Where caste itself becomes a political category it is futile to argue as to whether caste uses politics or politics uses caste.”3 D. L. Seth also views this in same manner. He argues that ‘caste’ has changed and a new type of stratificatory system has emerged’, by way of a process which he calls the ‘secularisation of caste’. This process has two dimensions: ‘de-ritualisation’ and ‘politicisation’.4 138


Women has never been considered as source of power, they have been thought to work under the directions and dominance of patriarchy so need of politisation has never been felt by elite structure of our political system, neither their aspiration level reach to such extent that their politicization becomes start by their own self. This paper is an attempt to find out some answers of these complicated questions of the complicated structure of Indian Society and thus it’s Polity. Indian Political system neither in its structures, nor in its functions, supports nor suits to the women politics in India. Major reason being women has largely been considered ‘apolitical’ society, having less aspiration for power and identity as a whole in the entire Indian structure. In Indian social structure, women mostly remain under the cover of family umbrella, conjoining and satisfied with the dominant male structure of family. Women in Indian social structure are subjugated under the dominance of patriarchic structure. In Indian scenario, women are neither a class, nor a caste to reckon with. The cultural ethos of the society makes them reluctant for power sharing and also in identity formation. A very good example is; that woman in most of the cases, irrespective of their own caste and sub-caste identity, adopts the title of their husbands, helps in understanding the complex inherent structures of society. Though, Panchayati Raj amendment proclaims to give new dimension to the nature of Indian Polity by incorporating and giving space to women through the reservation system. But the fact remains the same that women are only fictious name in the domain of political power, the de-facto political power has been used by their male counterparts. Interestingly new political terminologies like ‘Pradhan Pati’ (Husband of head of panchayat) or ‘Pradhan Pratinidhi’ (Representative of head of panchayat) have been coined, and society with its political and decision-making structure, has accepted it in the behaviour. Have we ever heard the term of ‘Pradhan Patni’? The fact remains true that despite its claim of modernity and acceptance of new ideas, women has not been considered political alternative. Rajni Kothari rightly argues that, “… for any political system to get stabilized it is necessary that its procedures and symbols are both internalized and traditionalized; they should not be accepted just for their utility but should be valued as such, as intrinsically meritorious and valuable, endowed with inherent goodness: in other words, the new procedures and values must themselves be turned into ‘tradition’, Role of Women in Indian Polity

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something that must be nurtured with care, developed further and made strong. No society lives without traditions and the essential challenge of modernity is not the destruction of tradition but the traditionalisation of modernity itself.”5 Here it is worth to be mentioned that, the values of modernity regarding the women participation in Indian polity has not yet been flourished and so traditionalized as it has happened with different caste and sub-castes. Women have been seen from the utilitarian lenses for different kind of purposes and even their participation in polity could be seen from this angle. The merit and value of women in Indian polity has always been neglected, here need of the hour is that women to be considered not as a tool of functions of Indian polity but they themselves to be recognized and accepted as equal partner in development of polity based on their merit. Here big question remains that ‘will ever women be recognized and accepted as political alternative as seen in the aspirations and acceptance of different caste and sub-castes? What efforts, whether in structures and in functions of society be required to attain the alternative version of man and society, to ensure a more democratic and humane society, which we need utmost. Rajni Kothari prefers a world where dehumanizing social relationships of a consumption society are eliminated.6 Kothari suggests that a better standard of living should be measured in terms not only of material standards but also of cultural and ethical standards.7 In view of Kothari Politics should be an exercise of choice in the light of concrete situation that faces man and the future that lies before him.8 Kothari’s conception of power emphasizes the individual’s capacity to intervene in the social process and to build ethical and institutional safeguards against unrestrained intervention. He further says that power should be purposive and not an end in itself, and it should be rationally distributed as a condition of autonomy. From this perspective, if we analyze that whether ‘women’ as a group have capacity to intervene in the social process? Answer remains No, and it also means that they don’t have access to the power. They are also not autonomous entity, because still power is not distributed rationally in their favour. To achieve this autonomy, having access to power can be ensured only through participation in political process and decision-making. Participation; in itself is not an end in itself; it is only a means to an end, is a process and is a method of reaching decisions. Participation has to be 140


based on individual as its starting point.9 We have to respect the dignity of women and consider them as political individual believing in their capacity which may change the course of polity and also fulfill the task of political development. In view of Kothari the ‘Indian model’ is expected to play a central role in bringing about social change, modernization and empowerment. And for the social and political empowerment of women this ‘Indian model’ has to play a proactive role. In Indian polity, women in general did not think of themselves as citizens with rights to exercise and responsibilities to perform, but they tended to look up to the top for direction and for favours in order to survive. Samuel P. Huntington considers the absence or weakness of real commitment to democratic values among political leaders as serious impediment to democratization.10 There is neither support of political leaders for the women leadership to emerge, neither women as a group have any charismatic leadership at different levels and sub- levels. There is no political movement regarding the identity of women. And despite having so many exemplary women leadership in India as exception, there is no one to whom Indian women as a whole can reckon with. No women leadership took the interest and aspiration of women as a whole, if there are some half hearted efforts, these are totally empty slogans, which succumbs to the pressure politics, party structure and power politics. This is the “Achilles heel” that male politicians such as Mr Sharad Yadav of the Janata Dal, Mr Mulayam Singh Yadav of the Samajwadi Party and Mr Laloo Prasad Yadav of the Rashtriya Janata Dal are trying to exploit when they raise the issue of the benefits of any reservation for women being grabbed by the educated, forward-class women. Irony is that, the leaders who proclaims to be leader of social upliftment of different stratas (emerged from JP movement) does not consider women emancipation as their political agenda, may be because of the fear that, if at all emerge, women group in Indian polity would become the largest cohesive group for power sharing and this will bleak the chances of power sharing of so called leaders of social movement. In order to develop the participation level of women in Indian Polity, there is a need to make cohesive structure as a group and this group should work for increasing the aspiration level for power sharing at each level. India’s booming economy and increasing prosperity does not conceal the fact that the women still are lagging far behind in each sphere including the polity and economy. Role of Women in Indian Polity

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Kothari sounds correct when he says that “the biggest failure of what are known as new social movements lies in their inability to become part of a united political movement. At bottom they are apolitical beings.”11 Women movement and their demands fails in becoming a united voice and also fails in bargaining as a group as it is done by different caste and sub-caste, in the name of social engineering. According to the demographic structure of constituencies, both at micro and macro level, different identities of caste, sub-caste, religious groups or ethnic groups do bargain with political structure and get access to power structure of politics. Even there is fluidity in different identities at different level in different times, having imposing multiple identities in different time being. But great paradox is that women, having half in demographic structure of society, fail to get their genuine share of power access and autonomy in decision- making process. Writing on the caste system in Indian Politics Kothari states, “the poorer and socially marginalized, including the ethnic and religious minorities, have started seeking out their own futures on the basis of their own identities and numbers. This has led to a mobilization based on caste, sub-caste (including within religious minorities), tribe, ethno-regional and such other identities……. The pluralism that has all along been there and has been accepted as inherent to the Indian social terrain is now being expressed in an upsurge of equity and social justice, not as a result of state policy but as a matter of right, hence sought to be acquired through access to state power.”12 Here the women has not yet started seeking their own futures on the basis of their own identities and numbers and so also not consider political power sharing as their inherent right to be sought. If “MODERNIZATION” is the central tendency of our times, it is “POLITICIZATON” that provides its driving force.13 In Indian scenario the political development has been realized in the sectoral forms, having so many contradictions of modernity and traditionalism, while castes and sub- castes find medium and way for political development, women remains aloof from this political development. Why are Indian women – despite very visible advances and much empowerment-oriented work - still not developing as they should? It has not been very successful in capturing the imagination of wider society, despite notable success in legal reform for women’s rights, the provision of some supportive services and to a certain extent in the media, the role of Indian women in Indian 142


Polity is still a matter of serious concern. The Indian women’s movement is in the doldrums today due to the wholesale de-politicisation of the Indian women as a whole.14 In India the legacy of long term tradition, the integrity of an historical culture, and the great solidarities that were built through religious and social movements that were characteristically Indian had for long acted as buffers against an inherently fissiparous situation. The social system provided a key to political stability. Now this very social system is undergoing profound change and has entered a process of continuous fluidity and fragmentation……the changes that erode the traditional bases of society are not channeled into a new pattern of institutional relationships, sustained by a new structure of opportunities, and legitimized through a new set of universals, problems of political development turn into problems of political survival.15 Politics in India is preeminently the politics of integration, where the problem of development is taken as necessary and urgent objective. …..The tests of the performance of the political system derive from this interpenetration of social traditions, political power and economic reality.16 But as it is seen in Indian scenario, where economic and political underdevelopment has been considered and perceived as a threat for national development or integration; the economic and political backwardness of women has been taken casually, and thus relegated into the closed domain of social and family structure, without posing any threat to national development and integration. In fact the women as a group correlate and conjoined their development with their male counterparts, irrespective of belonging to different strata and sub- strata of social structure and milieu. They become apathetic to their own independent identity and thus also apathetic to the concept of their self-realization and development. They have still not been incorporated as an entity in the “aggregation” model of the political process, rather more or less they feel and consider themselves “assimilated” with the male dominant social structure, having remained at the bottom of the structure. No Political party provides opportunity to female leadership to emerge at different levels, except few exceptional numbers. Barring the few reserved constituencies at panchayat level, no political party provides the space and opportunity to female aspirants to different and open constituencies, in different elections ranging from Panchayat to Loksabha election, assigning the reason of their weak chance of “winnability”. This fact Role of Women in Indian Polity

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remains true to some extent at behavioural ground, and it shows how apathetic and aloof the social system and structures are, with same kind of nature of political parties. But while India is still dilly-dallying on the issue of women’s quota in its legislature, the picture is not so bleak in the rest of the world, as was evident at a conference on Women and Politics in Asia, organised recently in Halmstad by the Nordic Institute of Asian Studies and the Halmstad University. Delivering the keynote address, Ms Drude Dahlerup, Professor of Political Science at the University of Stockholm, said that the Scandinavian countries did have a high representation of women in Parliament. In Sweden, it is as high as 45 per cent, in Denmark and Finland it is 38 per cent each and 36 per cent in Norway. Ms Dahlerup recommended what she calls the “fast-track,” or quota, system is the incremental track and will create a historical jump in the number of women in politics, so the opportunities on the fast track are much, much higher.17 75 countries have already some form of reservation for women, which is precisely what the majority of our male politicians do not want for India.it seems ununderstandable that, these political parties, which claims to be serious about ‘women reservation bill’, why don’t amend the constitutional structure of their own party as a resolution to provide some minimum berth (if not thirty three percent) to the women, as a concern showing to them. By 2002, only 11 countries had reached the 30 per cent benchmark, and they included Sweden, Denmark, Germany, Finland, Norway, Iceland, the Netherlands, South Africa, Costa Rica, Argentina and Mozambique. All these countries have used quotas in some form or the other. In Sweden, the major parties have 50 per cent quotas for women.18 And, I wonder that with the lack of leadership emerging at ground level, how one could expect that by giving these reservations (if materialized); women leadership will emerge at different levels. And fear remains the same that this will fall prey to male dominant structure as seen in the case of Panchayati Raj System. James manor seems correct in his saying when he says that, in recent years, decay within parties and increasingly destructive conflict among parties have so eroded the strength of the open political system that its survival is in the stake.19 It seems very pity that, despite having women as head of so many political parties like Congress, BSP, Trinamool Congress and AIADMK, there is no sensitivity towards women in their own political parties and women 144


in general has been neglected as a whole. This is what reflected in the whole domain of the society. The share of women representation in Indian Parliament corroborates the situation of women in Indian Polity, and the share of women representation party-wise depicts the nature of party politics in Indian Polity. In Rajya Sabha (as on Saturday, April 27,2013 ) Congress has total strength of 72 with only 11 female members, BJP 05 out of total 49, CPI (M) 01 out of 11, BSP 1 out of 15, AITC (Trinamool Congress) and Janta Dal (U), nil out of 09 each, SP 01 out of 9.20 Out of 540 members in 15th Loksabha (5 constituencies vacant and 02 nominated) following table show the pattern and orientation of female participation in our supreme legislature. On the basis of data available on the official site of Loksabha, following table has been made.21 15th Loksabha (2009-2014) Strength SAD NCP AITMC INC BJP BSP CPI(M) SP AIADMK DMK SHIV SENA Total 18 203 115 21 16 4 9 22 9 18 11 Female 2 3 24 14 4 1 2 4 0 1 1

JD (U) 20 2

These above factual data shows that how far our political parties and their leadership in seriously concerned about female participation and at the same time, how much women in Indian society is aware about their political power sharing. If we take the membership of women in different political parties and their organization, this picture will be totally blackout. The role of ‘women elite leadership’ in India at primary level seems to be uninterested in developing women leadership at secondary or tertiary levels. Rajni Kothari rightly says that, In the case of India we see that it will not do to look at political institutions as some kind of superstructure that presides over more basic relationships in society and economy, or to look at elites as simple recipients of inputs from society to which they respond in the form of various governmental outputs. Instead the whole process starts here through the establishment of a constitutional and political structure which then, through the actions of elites, penetrates into society at various levels and, by stages, leads to responses from below in the form of new coalitional structures. Elites and institutional forms can be seen here as creative actors in the process of integration and diversification….. Politics is the great creative force in such a situation, not just a representative mechanism which responds Role of Women in Indian Polity

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to outside pressures and aggregates outside interests…..The habit of treating political parties as essentially structures of competition that operate outside the government system leads to a neglect of the systemic functions of dominant parties which operate closely with governmental and planning structures and are concerned more with penetrating the periphery through co-optation and segmental mobilization than with simply contesting votes and seats.22 Kothari stressed on the political orientation of social interests, in which the political process provides the inclusive setting within which these interests are found to interact. In case of women politics in India especially, social interests of women are not separate interests of women, because socially they are not very cohesive group, and so the (negligible) interests of women does not get politically oriented and thus it obviously does not come under the purview of inclusive setting of political structure, where interest got interacted in responses to demands of environment of political system during the conversion process. In view of Robert Dahl, realistic democracy involves two dimensions- contestation and participation.23 But in case of women in Indian Polity, they are neither allowed to contest, and nor their participation in democracy is according to their own will. So in real sense women in Indian polity are least benefitted from the prevalent political structure and its functioning. Democracy is one public virtue, not the only one, and the relation of democracy to the other public virtues and vices can only be understood if democracy is clearly distinguished from other characteristics of political system……..conceivably society could choose its political leaders through democratic means, but these political leaders might not exercise real power. They may simply the fronts or puppets of some other group.24 This is what almost happening with the women participation in the Panchayati Raj System. Liberty is, in a sense the peculiar virtue of democracy. If one is concerned with the liberty as an ultimate social value, one should also be concerned with the fate of democracy.25 Do women in India have enough space and liberty to realize oneself? In theory our political system provides space and liberty to individual, but de-facto condition is that, women are remains under the influence and cover of male rationality and decisions in the societal structure. And politics in behaviour is reflection of our societal structure, which unfortunately is not much open. It is also true that some progress has been made in this regard, but Holy Grail is still far away. It is true that our democratic structure is two steps forward, but it is also true that it is 146


one step backward, and so the speculated model of democracy in spirit is yet to be flourished fully. And this will flourish only when half of its society goes in tandem with their dignity, identity, rationality and with their participation in decision making process. Women should realize their identity as a group with high aspiration level in this political structure. There is need to work from multiple directions for capacity enhancement of women for their equal and genuine participation in Indian polity. Indian polity (and society) is needed to be rebuilded in its structure and functions to incorporate the women aspirations with dignity to ensure the real democratization of Indian politics. There is an imperative need to change the paradigms of society from a caste and patriarchy-dominated ethos towards a more inclusive and equitable society. We need to work together for new forms of Equality. We also reject existing models of leadership in which power is sucked away from the people and invested in icons.” It will be shaped by the Core Values of Equality, Complementarity and Non-Hierarchy.26

References 1. Jones, Rochelle, http://www.dpiap.org/resources/article 2. Kothari, Rajni, ‘Introduction: Caste in Indian Politics’, in Rajni Kothari (ed.),Caste in Indian Politics (second edition), Orient Blackswan, New Delhi, 2010, p.5 3. Ibid. 4. Seth,D.L.,‘Secularisation of Caste and Making of New Middle Class’, Economic and Political Weekly, 21-28 August 1999, p.2504 5. Kothari, Rajni, ‘Introduction: Caste in Indian Politics’, in Rajni Kothari (ed.) Caste in Indian Politics (second edition), Orient Blackswan, New Delhi, 2010, p.23 6. Kothari, Rajni, Politics in India (second edition), Orient Blackswan, New Delhi, 2012, p.xvii 7. Kothari, Rajni (ed.), Footsteps into the Future: Diagnosis of the Present World and a design for an Alternative,Orient Longman, New Delhi,1974;p.11 Role of Women in Indian Polity

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8. Ibid, pp.40-41. 9. Kothari, Rajni, ‘State Against Democracy: In Search of Humane Governance’, Ajanta Publication, New Delhi, 1988, pp. 205-206 10. Huntington,Samuel P., ‘The Third Wave: Democratization in The Late Twentieth Century’ Adarsh Books, New Delhi, 2010, p. 297 11. Kothari, Rajni ,“The Yawning Vacuum”, ‘Economic and Political Weekly’, May 29, 1993, p. 1105 12. Kothari, Rajni, “Rise of the Dalits and the Renewed Debate on Caste”, ‘Economic and Political Weekly’, June 25, 1994, p.1590. 13. Kothari, Rajni ,Politics in India (second edition), Orient Blackswan, New Delhi, 2012, p.1 14. Stephen, Cynthia, 16 November, 2009, source, countercurrents.org 15. Kothari, Rajni ,Politics in India (second edition), Orient Blackswan, New Delhi, 2012, p.3 16. Ibid., p.4 17. Bhagat,Rasheeda,‘Getting women into Parliament — Why the quota system is crucial’ source, http://www.hinduonnet.com/businessline/2003/07/29/ stories/2003072900100900.ht 18. Bhagat,Rasheeda, ‘Getting women into Parliament — Why the quota system is crucial’ source, http://www.hinduonnet.com/businessline/2003/07/29/ stories/2003072900100900.ht 19. Manor,James, ‘Parties and Party System’ in Partha Chatterjee’s (ed.), State and Politics in India, oxford India Paperbacks,2010 (eleventh Impression), New Delhi,p.92 20. http://rajyasabha.nic.in/ 21. http://loksabha.nic.in/ 22. Kothari, Rajni, Politics in India (second edition), Orient Blackswan, New Delhi, 2012, p.6 23.Adapted from Samuel P. Huntington’s, ‘The Third Wave : Democratization in The Late Twentieth Century’ Adarsh Books, New Delhi, 2010, p.7 24. Huntington,Samuel P. ,‘The Third Wave: Democratization in The Late Twentieth Century’ Adarsh Books, New Delhi, 2010, p.10 148


25. Ibid., p.28 26. Stephen, Cynthia, 16 November, 2009, source, countercurrents.org


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Chapter - 8

Constrains and Controveries towards Women Participation in Sports and Games Dr. M. Saroja*

Introduction Health and physical fitness have a vital role in the life of man from time immemorial. The progress of the nation lies in the hands of the people who have healthy and physically fit. Every individual should develop his physical fitness for a happy and effective living. In order to get physical fitness one has to involve in physical activities. Physical activities is essential for the development of whole some personality of the child which would depend upon the opportunities provided for whole some development of the mental, physical ,social and spiritual aspects. Hence a well organized and properly administrated physical education programe for school children is very essential. In ancient times people lived in the natural environment which forced them to work hard for the livelihood. They had to strucle and fight for their existence. As a consequence the developed the ability for hunting fishing, and fighting. They also developed skills like running, throwing, jumping, climbing, swimming etc., As a result they possessed fitness qualities like strength, speed, endurance, agility, flexibility, coordination and so on.

*M.A.,M.Sc(yoga).,M.P.Ed.,M.Phil.,B.Ed.,PGDSM.,Ph.D., Assistant Professor, Department of Physical Education and Health Sciences, Alagappa University, Karaikudi,Tamil Nadu.

Since the modern man depends mostly upon modern outfits for his daily routine, involving mainly his mental powers to live on easy going life , there has been a fall and deterioration in his physical health and capacities. Modern man need not sweat and toil like his forefathers for his daily life. So he has became less vigorous and lethargic. But modern world is the outcome of many scientific inventions through centuries. Scientific instruments and machineries have helped to live our daily life with ease and comfort. Physical activities throughout the ages has been acclaimed for health and recreation. It provided fund and enjoyment. It also provided youthful exuberance and provided the elderly care. Physical activity and movement are as old as human existence. It played numerous roles from struggle for existence to struggle for excellence. The aim of sports envisages an inseparable unity of an all around harmonious development of personality and the preparation of a person for a creative work and the struggle for the highest ideals. The sports movement is one of the broadest form of integration, drawing people in to active public life, guided by the leading social forces towards a common aim the building of an integrated society. The increased the energy expenditure that accompanies the regular physical activity contributes to more efficient function of various system, weight maintenance, reduced risk of several degenerative increases, reduced risk of morality and overall improvement of quality of life. Habits and attitudes towards physical activity developed during childhood are assumed to continue through adolescences in to adult hood. Physical fitness is a related construct and it is also often assumed that the more habitually active are more fit and that the relationship is casual. Fundamental to success in education or any other fact of living for that matter is good health and that can be achieved in youth unless growth and development take place in any acceptable form. Physical Education Physical education today faces the unique opportunity of potentially contributing to the quality of life no other field enjoys such a dynamic future. Physical education programmes in the past have been described by the various terms that skill influence this field today. Physical Role of Women in Indian Polity

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education if that phase of education that deals with big muscles activities and their related responses . Physical education is on integral part of total education. It is an education through physical activity. It is an education of the body and mind so the word a physical education, refers to the process of education that concerns activities which develop and human body. Physical education is an applied science which consist of various activities right from the fundamental skills in basic movement to team sports and games. Physical education is not purely preparation for survival, but helps to find leisure activity in a constructive manner. Physical education can bring out balance among intellectual, emotional, social aspect of the personalities and self discipline of those who participate in a well taught activity. Physical education if an integral part of the total educational posses in a field of endeavor which has its aim, the development of physically mentally and socially fit citizens through the medium of physical activities which has been selected with a view to realizing these outcomes. Physical education is an education through physical activities in which the body is the primary tools. Its aim is the same as that of education to bring about an all-around development of an individual and make him an effective member of the society. Objectives of Physical Education Objectives of physical education are often more specific than the goal or aim and the purpose are compresied of particular outcome. Kukushkin says “ Physical education is an educational process in which various methods including sport in its diversity ( Gymnastics, track and field, various games, wrestling and so on.) are used in physical education and in raising the overall level of physical fitness. In 1965 the American Association for Health, physical Education and Recreation stated five majore objectives (AAPHER 1965)as below 1. T o develop the children more in a skill full and effective manner in all the selected activities in which they engage, in physical education programme and also in those situations that they will experience during their life time. 2. T o develop an understanding and appreciation of movement in children and youth, so that their lives will becam3e more meaning full, purposive and productive. 152


3. T o develop an understanding and appreciation certain scientific principles concerned with movements that are related to such factors as time speed, force and mass energy relationships. 4. T o develop through the medium of games and sdports better inter personal relationship. 5. T o develop variousa organic systems of the body, so that they will respond in a healthful way to the increased demands placed on them. There are three objectives in physical education that are cognitive effective and psychomotor. Cognitive objectives focus on the acquisition comprehension, analysis, synthesis application and evaluation of knowledge, Increased congnitie involvement usually leads to better execution of skills and always leads to better understanding of the activity. Physical activities enhance es ones cognitive development reading, maths, language and other subjects may be enhanced through participation in certain physical activaities. Mental fatigue from studying or working can be reduced through exercises so that a subsequenty session is more productive stress can impede cognitive process, but activity can reduce stress and enhance productivity. The objectives of physical education are often more specific than the goal or aim. In1934 the American physical education association committee on objectives listed physical fitness, mental health and efficiency, social moral character, emotional expression and control and appreciation as the desired objectives. Contemporary society need and trends influence the education of its citizens. The education of the individual may be described as taking place in three learning domains, cognitive, effective and psychomotor. Physical education contributes social need, trends and forces which influence the objectives of education also affect the role of physical education process. Recent years have been marked by calls for educational reform specifically revitalization and strengthening of the educational process. The nature of educational reforms that are being


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implemented may have far reaching consequences on the conduct of physical educational programmes in schools and colleges. In screening the objectives we should forget the fundamental truth upon which they are based. The truth is that there is no need for intellectual development which phyiscla growth and development stops after some time, hence in the field of physical education our primary objective should be much more close and related to physical growth and development of a individual. Sports has became the prestigious concept of every nation and sports has been subjected to various scientific investigations. Human beings are by nature, competitive and aspire for excellence in athletic performance. Not only every man, but every nation wants to show their supremacy and challenge the other nation. thus this challenge stimulates, inspires and motivates all the nations to sweat and strive, to run faster, jump higher, throw farther and exhibit greater strength, endurance and skill in the present competitive world of sports. This is possible only by channelizing their potential energy into appropriate games and sports according to their potentialities and through scientific systematic and planned sports training. Sports is a carrier which encourages coaching of various sports and games along with rules and regulations governed by them and also it prepare the trainees to take active part in competitive sports. Sports grow out of mans struggle for survival in a hostile world later on it acquired many different and high ritualized forms as it became one of the tribal glues that hold a society together. But there is another root which must be taken into account if we are to fully understand the nature of sport and its values today. Sports include athletics and games. Sports provides an opportunity to excel others. Actually sports device its roof measuring from disports, meaning to divert one. The word sports is highly ambiguous term having many meaning, usually sports is a wide term which denotes games athletics and swimming. sports is generally individualistic. Track and field events will come under athletics. Games and activities where in the movement

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of the body change from one action to another as in the case of games like volley ball and football. Sports is a highly organized form of play and is a general innate tendency. Play is very important for presentation growth and development of the organization. Athletics being the mother of sports, has many varied items such as running, jumping, throwing, among various types of these events, sprints, middle distance and long jump which exhibit the power of legs, agility, endurance, like that in throwing events, shot-put which exhibit the shoulder strength and arm power of the individual. Sports is a every expending avenue of human life. From very simple beginning it has developed in to a highly organized activity of human society. From earliest time to the modern age, sports in its various forms has played a vital role in the life of mankind. Importance of Sports It is a well documented act that sports is necessary to develop and maintain the health of the cardiovascular system. In addition sports consumers calories and thus helps to maintain a normal weight. One thing the people all over the world who have reached their 90s and beyond have been active in all their times including their olden years. It is a well documented act that sports is necessary to development and maintains the health of a cardiovascular system. Sports is our cultural heritage, work and play daily is the best way to the tension free life. Sports is in man’s blood, sports is recreation as well as competition, basically. Sports are individual activities relating and revaidalizing innatural and provides opportunities to the individual to make the fullest and the most intelligent use of leisure time, sports is a world wide phenomenon to day. Sports now a days has assumed a major influence in the world and in everyday life. It reflects society, particularly with records to the character of human and institutional relations and the ideological foundations nationalizing of over increasing numbers of people throughout the world. Cozens and Stump believed that “sports and games provide touch stone for understanding how people live, work and thing and may also serve as a parameter of Nation’s progress in civilization. Role of Women in Indian Polity

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“sports is an activity which has a many sided effect of an man and as a sphere of diverse inter human contacts it has an even deeper meaning conditioned in the final analysis by the aggregate of basic social relations of which the given activity is a part. Sports help the individual to adjust more easily to his constantly changing environment5 and to understand more readily his experiences in that environment. This change is illuminated through growth development and achievement. Sports is a many sided social phenomenon which under certain social conditions has general cultural, ideological, anesthetic, pedagogical and economic significance. Hence the reasons of an all increasing attention to sports in a society became understandable. Sports and Women A horse sweats, a man perspires but a lady only grows, This statement express the general attitude towards exercise and athletics for girls during the later part of the last century and probably in the beginning of this century. Because of traditional, cultural and social attitudes towards women, most of the women had been restricted in their opportunities and their outlook. Many young women did not expose their full potential in sports because of some psychological barriers and traditional superstitions, which came in their way while they were participating. There are still cultural restrictions for women taking part in sports, wearing sports uniforms and exposing their bodies in public. The participation in sports at times poses a problem to the women in marriage arrangements. Women’s are discouraged from participation in vigorous physical activity for fear of injury. Unlike in a permissive society, the social beat of Indian women from taking part in outdoor sports activities almost restricted the gentler sex to the background of the home. Almost all cultures in the world have given the girls and women a passive domestic role only. Their participation in social activities and sports completions are rather limited. Our Indian culture expects women to be committed to family and house besides that a women entering the field of sports have to bear a social stigma and psychological tension in over coming the restricted life. 156


Women and girls have long been deprived of participation in games and sports by direct and indirect social inhibitions. The earlier social handicaps were purdah, early marriage, inferiority complex, inconvenient dress, jewelry, early marriage attitude and these handicaps became the constrains for women towards sports participation. In India sporting world is still man’s world contribute almost 50% of the total population. Many sources enable us to have only a glimpse of the recreations of girls during the Vedic and epic periods. Music and dancing formed the principal indoor games. Public and dramatic contests were often organized and girls used to go out to see them along with their elders or lovers. In fashionable circles game with the ball seems to have been the chief outdoor physical exercise. Shakuntala and Kunti and for instance, represent as spending their leisure hours in this game in the Mahabaratha. Players could so regulate this game as to have just the amount of exercise they wanted. The Ramayana represents girls as going in the evening to gardens for playing and talking with their friends, but this was probably possible only in towns and cities. We have some references to girls going out to swim as well girls playing a number of games like hide seek and Run and Catch. They gave very good exercise for the player and helped their general fitness development and gave suppleness to their limbs. These games have been very popular with all classes of society, since very early times. They were how ever, played usually before the marriage. Sports and Constrains The constrain is the uneasiness to do any work and unnatural condition. It is compelled by any of the components. The low status of women in society was further exemplified by the prevalence of SATI and Female infanticide in Northern India. Aristatile said that “There is nothing in the world worse than a woman. Even the great Plato when a casting aspiration claimed there is nothing worse than women or as weak as a women. Shakespeare proclaimed frailty thy name is women Gothe called her, the external feminine who draws up and which is the source of mystery and Mercy, sorrow and suffering and compassion. The games which are usually played by the women on those days belong to various categories and the following constitute the most important of them. Dancing and Music, swimming, spraying colored Role of Women in Indian Polity

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water on each other, water sports, driving and riding horse and gardening. They engaged in less noisy and less risky work, but more amusing games sculptural evidence shows that driving and riding were also among the sports of Indian women. In modern times women are the builders of nation, statistical analysis of past achievements has brought into sharp relief the fact that high achievement is very rare among women. Sports and Controversies Controversy is prolonged argument, escaped over social, moral or political matters, may be seen in any member of professional and academic areas, prolonged discussion over the same matter of importance.

Certain controversies 1. If we apply cybernetic theories of learning in women in their sport development, we will have to take into account the capacities, limitations and adoptive qualities of them in their total performance. 2. There are certain warnings regarding weight, training but it should be further emphasized that among educationists this form of training is not acceptable and therefore it should not be used for school girl. 3. Many myths have been propagated regarding the supposed inter relationship of menstrual function. Till recently the majority of the international Olympic committee believed that sports training and competition were detrimental to proper productive function in women. The American college of sports medicine virtually eliminated the so called medical objections to long distance running by women, as a result the 3000 meters and Marathon races were included in the 1987 Olympics. 4. Evidence indicates that there are no contradictions to exercise during normal pregnancy. The amount and type of exercise engaged during pregnancy should be decided in consultation with a physician. 5. There is some disagreement among physicians about swimming during the later stages of pregnancy. Some believe that water may enter the vagina which may be harmful.

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Sports And Religion It is true that before the advent of the Muslims in India. Women used to enjoy a good deal of freedom. They were allowed enough opportunities to take part in games and sports both indoor and outdoor. But the life of Indian women during the Muslim period became very much secluded due to the growing practice of Purdha and as such they got very little opportunities to take part in sports and games. They passed most of their leisure hours in gossiping and sleeping. In course of time around 1950’s Indian women has distinguished themselves in many walks of life. They have earned high offices and positions of responsibility. There has been little or more instance on the part of the Indian women to take part in sports. Her effort indeed had been conspicuous for its quality judged by international standards of achievement. There had been depressingly little evidence of quality in the sporting endeavor of women. It is not an easy task to give a definition of religion which will satisfy everyone. The principle difficulty is that many people take the word to mean their own religion, regarding all other forms as non religious, irreligion, superstition, or anti religion. Religion as a system of beliefs and symbolic practices, and objects governed by faith rather than by knowledge, which relates man to an unseen supernatural realm beyond the known and beyond the controllable. India is a vast country. It is separated by lot of religious systems like Hindu, Muslim, Christian, Sikh and so on. In sports there is no religious deviation among players. There is no specialized game for any particular religion. All people are playing all the sports. Every sports and games are part and partial of every religion. In one way or other, religion is a barrier to take part in sports and games in India. Hindus, Christians, Sikhs take part in sports activities without much barrier. Whereas Muslim girls take part in sports very rarely. Because of their religious customs and habits. So religion becomes a constrain to certain people.


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Sports and Finance We do not know the proportion of parents who believe that the athletic path will lead to occupational well being and therefore encourage their children to concentrate in sports. Although some parents place great emphasis on their children’s athletic performance and spend a considerable amount of money providing opportunities for competitions. But it is doubtful that how many parents believe that their off spring wills make their living as professional athlete. Social situations factors play a more important function in accounting for socialization into sports roles. Studies show that opportunities to become involved in sports are differently distributed among various groups. Sports involvement and by rather strong influence sport socialization have been shown to be strongly influenced by socioeconomic background and ethnic background. National norms and values would also appear to be significant situational conditions. Every aspect depends on the economical status in the world. a player needs nutritious food, that can cast more expenses. Further participating in the coaching camps and regular competitions also are expensive/ If the parents have a good economical status,. They can afford more attention and support to the players to improve their performance. So the parents income plays an important role in socio economic status. Parents class system shows the income and the wealth of a family. That is the economic status of a family. According to their income of the family it is divided into upper class upper middle lower middle lower class. A person who has high standing in the community and income and who lives in a well furnished house of good quality and ample proportions is said to have good socio economic status while a poorly educated labour of small income who lives in a small town has low socio economic status. Sports have been a vehicle in which many sportsman have raised from a lower socio economic status. Popular opinion seems to be that the majority of very highly skilled team sport athlete comes from the lower

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socio economic classes and particularly from families in which the male parent is engaged in physical labour. In addition it is hypothesized that the boys from poor homes have better physical experience. Young people from lower income group in India do not have facilities for cricket, golf, billiards, swimming, basketball, rifle shooting, tennis which incur, more expenditure on the other hand many of the greatest soccer players, boxers, track and field athletes, kabaddi players have come from lower income group. Hence the income of an individual does influence sports participation. Sports and Education A sport is a part of education. Physical education is also one of the programmes in the educational programme. Education is the best motivator for sports participation. A good programme of physical education is vitally important for college and university women. The programme for girls and women includes more recreate sports and games and with the lifting of social tags there is increasing participation in sports activities. Recent studies have shown that there is good correlation between education and sports. It is a false myth that sports will spoil education. Sports and education should go hand in hand. Educated parents normally encourage their words to take part in sports activities where us uneducated parents do not know the significance of sports. So education plays vital role in encouraging sports activities. Sports and Facilities Availability of facilities in sports is an important factor for the players. Even though a player is having good individual skills and facilities, without facilities she can’t compete with international players. But in an university level some of them have not tasted the facilities in sports. Facilities like ground, balls, equipment like shooting board, accuracy rings hanging wall, coaching camps etc., plays an important role in sports women careers to become an outstanding players. Sports programme vary from place to place institution to institution. The sports programme conducted in college and university are many and varied. Facilities are usually more in universities when compared to colleges and schools. Practicing again and again makes Role of Women in Indian Polity

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person to become master over the skill. Availability of facilities helps an athlete to practice more and perform better. Availability of facilities helps an athlete to practice. Availability of facilities shows the facilities availed during yearly years of his sports career. Facilities are nothing. But the equipment which helps to practice and to play the game, like balls, goal posts, shooting board, accuracy ring, hanging ball etc., in soccer, play grounds, coaches and coaching camp are also considered as a availability of facilities. Thus facilities motivate the participation towards sports. Sports and Job Opportunities In any sport if the participant reaches the top level achievements he is sure of getting a job in nay government organizations or private sector. Otherwise getting a job is bleak for the low level achievers. Considering these points, the women participants should strive for top level performance. Even after that getting a job for some sports participants like women football, women kabaddi, is very minimum. So the participation in the above sports, are coming down. Thus job opportunity has became a constrain towards their participation in sports. Sports and Anatomy The biological position of human being indicates that there are more biological similarities than difference between men and women. The biological characteristics determine the sex of a person. But do not determine the gender of a person. Human anatomy shows that the difference between men and women does not take one particularly stranger or more endurance than the other. There are same number of bonex and joints. The wider pelvis in women only allows them to carry what their men counter part are destined to carry. Records and researches throw light on the general belief expressed above. Bunker and Dyer agree that as the gap between women’s s\and men’s sports records are closing up fast, it may either disappear completely or be negligible. Physiologically it may be taken that women are weaker because of the periodic loss of blood. But should the weakness if there is last the whole loss free period? What are of before menstruation commence? 162


Harris asserts that women have more fat than men, which account for the facts that women held many distance swimming records, women may better suited to long distance running than men, because of their ability to utilize stored for fuel. Now a days women are trying to reach the man’s achievements and records. Since 1969 the women’s world records has improved by some 46 minutes while the man’s has fallen by less than one and half a minutes. In marathon running, more than any other athletic event, the women seem to have a chance of one day catching the men. Sports and Gynocology The human body does not wear out from exercise, but it actually flourishes as a result of being used. Mild exercise does not appear to have a significant effect on menstrual disorders. In fact dysmenorrheal is less common in physically active women than the sedentary. For majority of young athlete’s performance is not materially affected by the menstrual period. Therefore women athletes should be allowed to exercise and train and of course, compete in any sports during menstruation. Serious injuries to either the breast or external and internal reproductive organs are rare in women. Even in contact sports, complications of pregnancy and child birth are favor in women athletes than in non athletes. Pregnancy periods do not affect adversely athletic participation or exercise. Following child birth performance returns or recedes previous levels within a year or two. Although the effects of birth control pills on exercise are not exactly known, it is felt that could alter performance. Giving birth is generally easy for a fit women and therefore the newborn should be healthy too. Judy Vernon, an American born hurdler and common wealth games gold medalist began sagging four months after the birth of her first child and later on she followed her normal workouts. Six months after this she resumed competitive training. Sports and Physical Efficiency Besides proficiency in skills, Anthropometric measurements and psychological built up physical efficiency plays a vital role in any performance in any game. Those who are physical efficiency will not apt sports. Physically handicapped persons and mentally retarded persons Role of Women in Indian Polity

163

have no place in sports activities. Thus physical efficiency contributes much towards sports participation. Anthropometric Measurement and its importance: Anthropometric measurements of body structure is the oldest type of body measurements known dating back to the beginning of recorded history. One use of these measures is to show a succession of annuals means during the growth period. Another use of anthropometry is to determine relationship between body structure and motor performance. Performance in games and sports depends not only upon physiological psychological, sociological and scientific training of the individual, but physique and body composition also affect it considerably. Though the training is equally important at higher level of competition where training is given to the individuals, suitable physique and body composition are of fundamental importance. Similarly, segmental length of individual body parts, the arm length, specifically is of considerable advantage in selected events in athletics and volleyball. The players must possess all of the body parts necessary to the performance of the task and at the same time one must have appropriate shape and size of the body for a particular game. In a game like basket ball, the height of the player is a basic requirement. Soccer is such a game as can accommodate players of various shapes and sizes but this is quite acceptable up to a point for the recreational players who has no higher aspirations. For this their requirements may never need modification. But at higher levels even though there is variety of players from the anatomical standpoint , it is more likely that specific anatomical qualities are necessary for players to achieve success at that levels of play. Body size and proportions, physique and body composition have long been accepted as important factors in the performance of motor tasks. Many reports in this area refers to anthropometric characteristics that are likely to influence skill development and performance in soccer. The anthropometric components prove to the significant to distinguish different levels of proficiency of soccer players.

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Anthropometric is essentially a method and should be treated as such a means to an end not an end in it self. The ability of a player in a team game like soccer depends largely on his various anthropometrical and physical parameters. Present day science is very much interested in estimating the optimum anthropometric make up of a player. So the scanning and the selection of a particular player may be achieved successes fully to a great extend by measuring anthropometric components. Scientific evidence obtained from different investigators have revealed that apart from somatic and anthropometric variables, higher level of performance of a soccer player is dependent upon his physiological factors also. Sports and Family Problem Game performance of a player may be influenced by the family members. Say if father was a football player her child also interested to play football. So family sports background plays an important role in selecting the game. From this we can also know whether a player has sports background or without sports background. Family background in sports indicates whether the sports person has with sports background or without sports background. If a person’s parents or sisters or brothers are not players he is considered that he is with out sports background. With background there is little influence on his performance. But we can’t say that the player from without sports background may not be a skillful players. Sports and Coaching Personals A man who teaches anything is a teacher. A man who coaches anything is a coach. A role of a coach plays a vital role in the development of sports carrier of anybody. It is the coach who identifies the students and coaches to improve his performance. Coaches senior player will substitute their work. But there is no substitute for coaches. So coaching personals play magnificent role towards sports participation and improvement in performance.


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Sports and Geographical Situations The community is bone and flesh of his flesh. He carried a sense of dependence upon the community which is the both physical and psychological. Since his material wants are satisfied within and since it sustains him and provides him solicitude. Geographical situations show the urban areas as well as rural area from where the players hail. More or less the urban area people were well educated and equipped than rural area people. But the rural area peoples are better than the urban people. It is true that the geographical situations influence the game. Urban area students usually choose the game like Tennis, Golf, Billiards, Cricket, Shuttle etc., But the rural area students usually select Kabaddi, Kho-Kho, Volley ball etc., so it is important to know the geographical situation in sports. Tribes living in the forests don’t take part in any of the sports even though they are skilled. People living in the high altitude don’t take sports seriously. It is because of the geographical location. So geographical situation is an aid towards sports participation in one place and it is an impediment in some other place. Purpose of the Study Female are physiologically and genetically different from males. Female after puberty up to menopause experience periodic menstrual cycle. Several great people in past century were deeply touched and moved by the plight of Indian women in sports. There has been controversies over the participation by women in competitive sports which were based on certain biological, sociological and philosophical concepts. Women has the courage of her conviction and has developed the quality of initiative courage and certain degree of leadership. In spite of all these qualities some special problem attached to them keeping themselves a step behind a male counterpart. Many constrains were identified which forestalled their active participation in sports. Whether it is a rural area or urban area, whether it is educated family or uneducated family. Whether it is a school or college or university, whether it is a Hindu religion, or Muslim religion, or Christian religion whether it is a wealthy family or not every where

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women confront constrains towards sports participation. But no research has been done in this area so far and this motivated the investigator to do this research. Statement of the Problem The primary purpose of the study was to identify the constrains faced by women towards sports. The secondary purpose was to find out which are the major constrains that impede women participations towards the sports. Hypothesis It was hypothesized that there may be constrains that will affect women participation in sports. It was also hypothesized that job opportunities may be the important constrain followed by financial constrain towards women participation in sports. Litreature David Coady, Xinyi Dai and Limin Wang conducted a study on community programs and women’s participation. Using household level data specifically collected for the purpose of evaluation, we empirically evaluate the impact on house hold income of a rural program in China that focuses on increasing women’s economic and social participation and household income and also generates positive social benefits. The results also suggest that the income gains accrued to participants only and partly at the expense of non participants. It was found out that the magnitude of the program impacts depends sensitively on the program’s ability to increase participation rates within villages. Lack of information about hat is available lack of trained staff, preference towards integrated supports however, several did not seem to mind. “special facilities having drawbacks :lack of volunteers lack of transport lack of local facilities. Too embarrassed to participate majority wanting to try new sports little being done to provide a service for village people. Lack of facilities can encompass various aspects to provision. It is linked to lack of awareness of the leisure facilities themselves, inaccessible buildings and poor publicity material. Hence the reason for Role of Women in Indian Polity

167

respondents mentioning lack of information. The information needs to be in an accessible form, in large print, Braille or tape, indeed, the facilities may be there but the individual does not know about them. The research has shown that at present there are few facilities that provide activities for visually impaired people. Government bodies of sports are in the main unaware of facilities and visually impaired people participating in their particular sport. Sports can be adapted where necessary. Professionals in the field of sports and recreation are keen to promote the use of facilities. There is a great willingness and enthusiasm to do this. There has been little demand for the use of facilities and therefore no interaction with visually impaired people. Methodology The procedure adopted for the selection of subjects, selection of variables, collection of data and statistical techniques used for the analysis of data is described in this chapter. The purpose of the study was survey the constrains and controversies towards women participation in sports and games in Tamil Nadu, India. For the purpose of the study, survey method was employed for the collection of data using questionnaire. Data were collected from sports women, women lawyers, women police, women doctors, women students, women uneducated parents, women educated employees, women educated house wife’s, women college professors and women teachers from various parts of Tamil Nadu state. Selection of Subjects For the purpose of this study altogether one thousand women from various parts of Tamil Nadu working in different capacities were chosen as subjects for the survey. 100 subjects from each category were chosen. The purpose of the study was to survey the constrains and controversies confronted by women towards participation in sports in Tamil Nadu. To facilitate this study the investigator followed the survey method based on the questionnaire for the collection of data. The age of the subjects was between 18 to 50 years. the following constrains and controversies have been identified to collect data for the study. 1. Religion, 2. Finance Crisis, 3. Education, 4. Anatomy, 5. Sports Facilities, 6. Job Opportunities, 7. Gynecological differences, 8. Other reasons. 168


Reason for Selecting Variables Religion India is divided by many religious factors. Often people are fighting with each other. But in sprots the religious factors is exceptional. Muslims, Hindus, Christians and Sikhs are playing in one team. Muslims are playing under the captainship of Hindus and Hindus are playing under the captainship of Muslims. Whether religion was a constrain for women participation in sports is yet to be found out. Secularism is being followed in sports. Some religion does not allow the ladies to come out from the house even. In such situation girls may not be permitted to take part in sports activities in public. Thus religion has became a constrain towards participation in sports. Because of the above reasons religion was chosen as variable for this study. Finance The economic status of an individual may influence an opportunity towards participation in sports. Often the home environment influences the participation in sports. Economic condition of the family may play an important role towards participation in sports. Adults belonging to lower economic conditions remain busy in the work. Economic status assumes an important role in the society from high to low. Besides that occupation, education, health life-style, cultural way of life and so on play significant role towards women participation in sports. Economic status shows the income and wealth of a family. People from lower income group in India do not prefer to play cricket, golf, billiards, swimming, Tennis, rifle shooting. Considering the above facts, finance was chosen as a variable for the study. Education Education is for the perfection of the individual and for the betterment of the society. Education is to create faith in one’s own self. Education must create self confidence and self reliance. Education need to develop moral character. Education must create self confidence and self reliance. Education must create or develop moral character. It should expose man to the practical side of life and spirit of renunciation. Education is the best Role of Women in Indian Polity

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motivation for sports. Ladies from uneducated families take part in sports very rarely. Their concentration will be to earn money for their bread and butter. They may not have time to think about sports participation. Thus education has an important place in the sports participation. Considering the above reason education was chosen as a variable for this study. Anatomy The biological position of human being indicates that there are more biological similarities than differences between man and women. The biological characteristics determine the sex of a person, but will not determine the gender of a person. Women afraid that participation in sports may bring changes in their anatomy. Women suspect that participation in sports will make them manly. Physiologically it may be taken that women are weaker, because of the periodic loss of blood. Now a days woman are typing to reach the men’s achievements and records in sports and education. Because of the above reasons anatomy was chosen as a variable for this study. Sports Facilities Facilities like ground balls, equipments like shooting board, accuracy board, hanging ball, swimming pools, velodrum etc., play an important role in sprots carrier to become an outstanding player. Practicing regularly makes the person to become master over the skill. Availability for facilities help an athlete to practice well and become proficient. Considering the above factors, sports facilities was chosen as a variable for this study. Job Opportunities In any sports if the participant reaches the top level achievements, he is sure of getting a job in any government organizations or private sector. Getting a job is bleak for the low level achievers. Considering these points the women participants should strive for top level performance for getting a job. For some sports participants like women football, women kabaddi the employment opportunity is very minimum. So the participation in the above said sports are coming down. Thus job opportunity is an important point towards women participation in sports and hence it was chosen as a variable for this study.

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Gynocology The human body does not wear out from exercise, but it actually flourishes as a result of being used. Mild exercise does not appear to have a significant effect on menstrual disorders. The performance of young athlete is not materially affected by the menstrual period. Therefore women athletes should be allowed to exercise and train and of course compete in any sports during menstruation. Serious injuries to either the breast or external and internal reproductive organs are rare in women. Even in contact sports, complications of pregnancy and child birth are rare in women athletes than in non athletes. Following child birth, performance returns or reseeds previous level within a year or two. Giving birth is generally easy for a fit woman and the new born will be healthy. Judy Vernon an American born hurdler and common wealth games gold medalist began jogging four months after the birth of her first child and later on she followed her normal work outs. Six months after she resumed competitive training and went on to win the gold in the common wealth games. So giving birth to child is not a hurdle for sports participation. Some people believe that child birth will make women a strong athlete with adequate endurance. BannyBlankers and sxen winska are example to have had major triumphs after having children. Hence gynecology may not be a constrain towards women participation in sports. Taking into consideration of the above facts gynecology was chosen as a variable. Other Reasons Sports and family background, Time factor, Lack of coaches, Seasons, Geographical situation are the other reasons for the constrains. Questionnaire Questionnaire is a systematic compilation of questions that are submitted to a sampling of population from where information is desired. In survey questionnaire is the best tool. Because the classified information can be collected only through a set of battery of questions. The questionnaire used for this study consist the following categories namely religion, finance, education, anatomy, sports facilities, job opportunities, gynecological and other reasons. The standard questionnaire was used to collect the needed information from the subjects. The questionnaire covered all the areas of information needed for this study. Role of Women in Indian Polity

171

Statistical Techniques Employed To analyses the constrains and controversies towards women participation in sports and games, Chi-square test was employed as suggested by Harison Clarke. In each category it was expected that there would be equal number of subjects. But it was observed that the number deferred in each category. Hence to find out the relationship between observed frequency and expected frequency, Chi-square test equal accuracy of choice method was employed. Results and Discussions The obtained data were statistically analysed using Chi-square. In the first step of the observations each item of constrains and controversies were recorded. In the second step expected frequency that is 1000 subjects was determined. In the third step chi-square value for each item was calculated by employing the chi square formula. In the fourth step for each individual item chi-square value was found out. In the fifth step to find out the significant level of chi-square values from the tabulated values the ‘df’ was determined by (c-1) (r-1) formula. In this sixth step the obtained x2 value was compared with the tabulated value i.e, if the obtained value was equal or greater than the tabulated value it was significant the items observed are different than those expected by chance. Table 1: Releigious Constrain Sl.No

Categories

Fo

Fe

Total

1

Sports women,

0

100

--

2

Women Lawyer

0

100

--

3

Women Doctors

0

100

--

4

College students

0

100

--

5

Uneducated parents

0

100

--

6

Educated employees

0

100

--

7

Educated house wifes

0

100

--

8

Women Professors

0

100

--

172


9

Women Teachers

0

100

--

10

Women Police

0

100

--

Total

0

1000

--

X 2 Value = 0, Significant at 0.05 level, Table Value = 7.82 Results on Religious Constrain From the table it is observed that the obtained chi square value for Religious constrain towards women participation in sports is 0. As the obtained chi square value is less than the table value is 7.82 the chi square value is insignificant. from the above findings it is found out that the religious reasons did not affect the women participation towards the sports. It was thought that the religion may be the greatest constrain towards women participation in sports. Women from Hindu religion, Christian religion are taking part in sports and games- but very rarely the Muslim women participate in spots. When the observation was made to collect data through questionnaire, nobody expressed that religion was a constrain for them to participate in sports. Because of the above reasons it is observed that religion was not constrain for women participation in sports. Table 2 : Fiance Constrain Sl.No

Categories

Fo

Fe

Total

1

Sports women,

03

100

--

2

Women Lawyer

96

100

--

3

Women Doctors

14

100

--

4

College students

10

100

--

5

Uneducated parents

03

100

--

6

Educated employees

0

100

--

7

Educated house wifes

0

100

--


173

8

Women Professors

02

100

--

9

Women Teachers

0

100

--

10

Women Police

34

100

--

Total

162

1000

--

X 2 Value = 618.062, Significant at 0.05 level, Table Value = 7.82 Result of the Financial constrain From the table it is observed that the obtained chi square value for financial constrain towards women participation in sports is 618.0626. As the obtained chi square value is greater than the table value 7.82, chi square value is significant. From the results it is found out that finance is a constrain towards women participation in sports. The above findings it is found out that the financial reasons seriously affect the women participation in sports. Whether it is a professionalism or amateurism money is an important criteria. It may be due to the reasons that the financial position in the family largely influences the sports participation. For the purchases of sports kits and to avail the scientific sports equipments, the involvement of finance is more in sports. Even games without equipment like kabaddi, involves finance for the purchase of minimum sports kits. In this way finance plays a major role in everybody’s participation in sports especially women participation in sports. Sports persons below poverty line could not avail the scientific coaching tools and they could not purchase the standard sports equipment. Considering the financial position in the family, women become hesitant to participant in sports. Because of the above reasons women are hesitant to take part in any one of the sports and fiancé has become a constrain. Table 3 : Educational Constrain Sl.No

Categories

1 2

174

Fo

Fe

Total

Sports women,

0

100

--

Women Lawyer

0

100

--


3

Women Doctors

84

100

--

4

College students

21

100

--

5

Uneducated parents

37

100

--

6

Educated employees

0

100

--

7

Educated house wife’s

60

100

--

8

Women Professors

73

100

--

9

Women Teachers

70

100

--

10

Women Police

6

100

--

351

1000

--

Total

X 2 Value = 810.227, Significant at 0.05 level, Table Value = 7.82 From the above findings it is found out that educational reasons seriously affect the women participation towards sports. It may be due to the reason that the education exposes man to the practical side of the life and spirit of renunciation. Education is the best motivator for the sports without education even a best player will not able to get good jobs. Ladies from uneducated families took part in sports very rarely. Their activity will be to earn money for their bread and butter. Education and sports are important like two sides of coins. Education must create or develop moral character. Thus education plays an important place in the sports participation women afraid that participation in sports may hinder their educational progress. In most of the educational institutions, very less motivation and encouragement are given to the students. Even parents discourage girls to participate in sports thinking that sports may affect their education. It may be due to these reasons the education has become a constrain towards women participation in sports. Anotomical Constrain Anotonomy was not seriously affected by the participation in sports. Many are of the openion that participation in sports willmake women manly. They afraid that feminine will slowly fade away by


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vigorous practice. But none of the participant in the data collection process expressed that anatomy was affected by participation in sports. So it was not considered as a constrain. As the obtained chi-square value is less than the table value is 7.82, the chi-square value is insignificant. Facilities Constrain It is found out that the facilities seriously affect the women participation towards sports. Practices regularly makes the person to became master over the skills. When one becomes a master she has a feeling of well being. Availability of facilities helps an athlete to practice well, and became proficient. Even though a player is having good individual skills, without using facilities one cannot compete with international players. Availability of facilities in sports is an important factor for the players. In this way facilities plays a major role in every bodies participation in sports especially for women. In the obtained chi-square value for facilities constrain towards women participation in sports is 492.752. the chi-square value is significant. Job Opportunities Constrain It is observed that the job opportunity seriously affected the women participation towards sports. It may be due to the reasons that the job opportunity expose man to the practical side of the life and spirit of renunciation. Job opportunity is the best motivation for sports without job opportunity even a best player will not be motivated to take part in sports. getting a job is bleak for the low level achievers. In any sports if the participant reaches the top level achievements she is sure of getting a job in any government organization or private sector. Considering these point the women participants should strive for top level performance for getting a job. For some sports participant like women football, women kabaddi the job opportunity is very minimum. So the participation in the above said sports have come down. Thus job opportunity is an important point towards women participation in sports. In India or in Tamil Nadu very few sports women reach high water mark in sports and get job. More over the sports appointment is absolutely nil. Because of the above reasons, the participants during the data collection process identified that employment opportunity is a very important constrain towards women participation in sports. From the statistical findings it is observed that job opportunity is a constrain. 176


Gynocological Constrain It is found out that the Gynecological reasons did not affect the performance of women. Some best women players achieved even after giving birth to a child. In India normally ladies take part in sports activities before marriage. After the marriage they minimize the sports activities. That too when they are in the family way they don’t take part in the sports. But after the delivery they participate in sports. So the Gynecological reason was not felt as constrain. The participants did not mention that gynecology is a constrain. Other Reasons Constrain Coaching is very important for improving the performance of the player. Without proper coaching one cannot improve her skill. So the role of coach plays a vital role in the development of sports carrier of anybody. Coaching is a cream. The coach shapes and builds a player. It is the coach who identifies the potentiality and coaches to improve the performance. In the absence of coaches senior player will substitute their work. But there is no substitute for coaches. So coaching personals play an important role towards sports participation and improvement in the performance. Because of the above reasons the participants in the data collection process identified that lack of coaches is a very important constrain towards women participation in sports. That the obtained chi-square value for the other constrains towards women participation in sports is 604.081. as the obtained chi-square value is greater than the table value is 7.82 , the chi-square value is significant. Table 5 : Calculation of Chi-Square and Computation of Percentage for

1. 2. 3. 4. 5. 6.

Religious constrain Financial constrain Educational constrain Anatomical Constrain Facility constrain Job Opportunity


Chi-square value obtained 100 100 100 100 100 100

Percentage of 0% 16.2% 35.1% 0% 3% 38.3%

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7. Gynecology Constrain

100

0%

8. Other Constrain

100

7.3%

Discussion on Hypothesis The hypothesis point one says that there may be constrains that will affect women participation in sports. From the statistical findings it is observed that there are five constrains namely Job opportunity, Educational Constrain, Financial Constrain, and other reasons out of 8 are really found as constrains towards women participation in sports. Hence the hypothesis point one is partially accepted. Hypothesis point two says that job opportunity may be the important constrain followed by financial constrain towards women participation to sports. From the statistical findings it is observed that job opportunity is a main constrain followed by financial constrain towards women participation in sports. Hence the hypothesis is accepted. Conclusions Within the limitation on the present study the following conclusions were drawn 1. The Religious reasons did not affect the women participation towards the sports (0%) 2. The Financial Constrain seriously affect the women participation in sports(16.2%) 3. The Educational reasons also seriously affected the women participation in sports (35.1%) 4. The Anatomy was not a constrain towards women participation in sports (0%) 5. Sports facilities affect the women participation towards sports (3%) 6. Job opportunities was also found out as a constrain towards women Participation in sports (38.3%) 7. Gynecological reasons did not affect the women participation towards sports(0%) 178


8. Coaches play a vital role towards the women participation in sports (7.3%)

References 1. Henry E.Garrett, Statistics in Psychology and Education,(Mumbay Vakils F effer and Simons P.Ltd., 2. David Emry and stan Greenbery, World sporting Record (The Bedley Head, London First Edition, 1986) 3. Hebbelinch Borms J.M. Venerado, A social Psychological and Kin anthropometric Approach, the Female Athlete (Feb 1981) 4. Bunker and Dyer KF Closing the Gap in Women Sports, Sports science e section, 230 Park AVENUE, New York, 10017) July 1977.


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Chapter - 9

The Position of Women in India: Past and Present Alok Sharma*

The status of women represents the standard of culture and the social status of women of a country symbolizes the social spirit of any age. However, to draw a conclusion about the position of women is a difficult and complicated problem. It is, therefore, necessary to trace this position in the historical perspective. The evolution of the status of women in India has been a continuous process of ups and downs throughout history. This status has been subject to many great changes over the past few millennia. From equal status with men in ancient times through the low points of the medieval period, to the promotion of equal rights by many reformers, hence the history of women in India has been eventful. As a distinct gender group that counts for almost half of the total population, women constitutes a significant social group. Their gender peculiarities single them out for a distinct role in child bearing and rearing. Apart from this, their maternal instincts make them ideally suited to nurturing, caring and sustaining others. That is why women are often described as the nucleus of the family institution. In addition, the physical charm and sex appeal of women make them a moving force for

*

literary and art creations. Thus in a sense women epitomize everything that is tender, sensitive and spiritual in human existence. Women held very important position in ancient Indian society. It is believed that it was a position superior to men. There are literary evidences to suggest that woman power destroyed kingdoms and mighty rulers. Valmiki’s Ramyana is about the wiping away of Ravana when he abducted and tried to marry Sita forcibly. Veda Vyasa’s Mahabharata tells the story of fall of Kauravas because they humiliated queen Draupadi. Elango Adigal’s Sillapathigaram mentioned that Madurai the capital of Pandyas was burnt when Pandyan ruler Nedunchezhiyan killed a woman’s husband by mistake. The plethora of Goddesses in Hindu religion was created to instill respect for women as these Goddesses were in no way inferior to male Gods in their potential and capabilities, wealth symbolizing with Lakshmi, knowledge going with Saraswati and power symbolizes Shakti. Even God Shiva becomes powerful only when joined with Goddess Shakti – the idea being that the man is incomplete in his potential until he is associated with the woman therefore, Ardhanareeshwar, where God Shiva is half-man and half-woman was highly worshipped. However, on the one hand female is seen as divine, holy, pure, creative, nurturing, supportive and is worshiped and on the other, she is considered to be the epitome of what is dangerous, carnal and evil. “Brahma” is supposed to be half male half female, “purusha” and “prakriti.” When “prakriti” conjoins with “purusha” it results in creation. By sacred tradition woman is declared to be the soil, the man the seed and the corporal production is through their union. Woman is thus seen as the yield or earth into which man sows the seed. She does represent fertility and growth, and is the medium through which man realizes himself. This union is often represented by the Union of Shiva with his Shakti - Parvati. This power is seen as creative and benevolent only when it conjoins harmoniously with the male. Separate from the male, in itself, her power is seen as dangerous and malevolent. In Hindu mythology the feminine principle, not conjoined with the male and not under his control is represented as Kali, the symbol of irresistible power and chaotic energy which may be dangerous. The belief was that this power is potentially a destructive force when unrestrained, that is when not under male control. In other words, the social relationship of marriage subdues the Role of Women in Indian Polity

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dangerous force of the female. Thus the male acts as a restraining factor and he becomes supreme by subordinating his female Shakti in marriage. Yet, despite this wonderful creation by the universe, women are subject to all forms of atrocities and cruelty inside and outside the family. The position of women in today’s society is rather pitiable. As a class, they occupy a secondary position in all walks of life. In the social and cultural fields where they once displayed exemplary leadership qualities, women no longer enjoy a coveted status. In the economic field also they have not been given any independence and therefore, are entirely at the mercy of the male society. They are abused, misused and exploited, physically and mentally, for male pleasure, for satisfying male ego and for advancement of individual, national and international interests. Looking at the largescale sufferings that women are subjected to, the question arises as to why is it, that women who were once respected, loved, cherished and worshiped in earlier times are humiliated, ridiculed, cursed, beaten up or killed today? To find an answer to this question it is necessary to examine the status of women which is a complex question and has to be studied as an integral part of the socio-economic structure in which women live. The changes that have taken place in their position are a part of process of transformation of a traditional society beginning from the early Vedic period up to the current modern period. The Position of Hindu Women in Ancient India: Throughout classic literature on the status of women there is almost a consistent opinion among great scholars and historians that in ancient time during the age of Vedas, 2500 - 1500 B. C., a woman’s status was equivalent to that of a man in all fields of life. However, some others hold the contrasting views as the literature on Indian history abounds in contradictory and conflicting views about the worth, nature and importance of women. According to one school, a woman is the best gift of God to man. She brings prosperity when she is properly treated and respected. The other school of thought holds the view that the best way to reach God is to avoid women. Though it is difficult to specify the exact chronological time as to when the deterioration in woman’s status started, one can state that gradual changes appeared during the age of Brahamanas and Upanishads, 1500 B.C. to 500 B.C., by the age of Smriti, Epics and Puranas, 500 B.C. to 500 A.D. and by the age of the 182


later commentaries, 500 A.D.to 1800 A.D., the status had deteriorated considerably. Woman in Vedic period: In Vedic period the womanhood was glorified, therefore, a woman was respected and given due importance in the society. They enjoyed equal status with men, independence in action and a fair amount of freedom. Traditionally, women in India were perceived in two distinct roles. The first role assigned to the women was that of an ascetic who was in search of truth, while the second role assigned to her was that of one who was of a domestic type. This role expected her to dedicate herself to the welfare of the family. The family life was conducted according to the Vedic Dharma and its Injunctions. There was no feeling of assigning a secondary role to women in pre-marital and post-marital life. At home, generally the mother was the mistress of the house managing all affairs. The Vedic Samhitas refer to women taking active part in agriculture and other crafts. They were also in charge of household finances and farm laborers. The Vedic hymns inform that both husband and wife were joint owners of family property. The women participated in all the fields like men for example in religious ceremonies and tribal assemblies i.e. sabha and vidata and took active part in every sphere of human life. There is no evidence of seclusion of women from domestic and social affairs but they were dependent on their male relations throughout their lives. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period. They studied in Gurukul and enjoyed equality in learning Vedas. According to Sarvankuramanika there were as many as twenty women or more being credited for composing the hymns of the Rig Veda. For a long time, girls in higher societies were allowed to undergo Upanayana rite. The great women like Ghosa, Apala, Lopamudra, Visvara, Gargi (a renowned scholar), Atreyi, Indrani, Yami and others had distinct qualities of art, music, dance and even fighting in the battle. Passages in the Vedas show that women apart from a mere literary career had other careers open to them. They entered fields of teaching, medicine, business, military and administration.


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The Indus Valley Civilization recorded the beginning of the cult of worshipping earth or goddess. There was no discrimination between a boy and a girl except certain restrictions on woman’s right. There were two classes of girls – (i) the Brahamvadini, lifelong students of Philosophy, who donned the sacred thread, constant reminder of the holy vows, tend the fire and study the Vedas, but in distinction from the boy students, do the begging for alms within their own parental homes and (ii) the Sadyodvaha who are given that only symbolically and formally, immediately before marriage. The position of a daughter in the Hindu family did not include much authoritative role. Her socialization from childhood involved a high degree of modesty peculiar to Hindu culture. She was trained to have tolerance, patience, submission and identification of her personality that of her husband’s. Though marriage was of great social and religious significance, it was not mandatory as the extensive use of the word ‘Amajur’, which means a girl who grew at her father’s house, suggests this. The Vedas include references to unmarried female rishis like Apala and Atreyi. Some females, who received co-education, though rare, sometimes led to love marriage. Girls were regarded as objects of good women. The grown-up daughters during the temporary absence of the parents managed household and received the guests. A daughter retained her right of inheritance and could substitute a son. It is said that women had a say in family matters and they took important decisions of life. Rig Vedic verses suggest that the women married at a mature age, between 14 to 17 years, and in the matter of selecting their life partner they had equal rights. They were probably free to choose their own husbands through a type of marriage called Swayamvara which is mentioned in holy scripts and also in many epics like the Ramayana and Mahabharata. This continued even in the later period in high class families. It is ordained that the woman whose hand was accepted in marriage should be treated with respect, kindness and all that was agreeable to her should be given to her. Monogamy was very common. Polygamy though allowed was rare and mainly confined to the ruling class. Women were allowed to have multiple husbands. They could leave their husbands. Dowry system was prevalent in rich and royal families only in the form of movable 184


gifts. Women were permitted to have separate property of their own which came to be designed in later Smritis as Stridhan. Child marriages and purdah practice were unheard of. A widow could remarry or could undertake the recourse of Leverage (niyoga). The system of Sati existed among the Aryans in the earlier period. By the time they entered India it had however gone out of vogue but it might have survived in the shape of a formal custom. Though it is not mentioned in the hymns of the Rig Veda, the Artharva Veda shows that it was still customary for the widow to lay symbolically by the side of her husband’s corpse on the funeral pyre. Wives were regarded as Sahadharini, equal partners in the performance of Dharma, the righteous duties in life. The wife enjoyed with her husband full religious right and regularly participated in religious ceremonies. In fact, such ceremonies without the wife joining her husband were regarded as invalid that is why in the Ramayana, when Rama performed Rajsuyagya then by his side a golden statue of Sita was placed in her absence. Wife was called Ardhangini or the other half. The Mahabharata declared that “in truth, a householder’s home, even if crowded with sons, grandsons, daughters-in-law, and servants is virtually a lonely place for his life, if there is no housewife. One’s home is not the house made of brick and mortar; it is the wife who makes the home. A home without the wife is like a wilderness”. A wife was considered as husband’s friend, counsel, and companion. All this was related to the counterpart role in the husband’s role system. Men used to regard women as equal partners in managing the affairs during the Grihasta, Vanaprastha and Sanyasa Ashrams in life and consequently, it is believed, women must have enjoyed greater amount of equality and quality of life comparable to that of the men. There is, however, no scientific basis for this belief. Therefore, the status of women in early Vedic period has always been a matter of some debate. While, by and large, there has been a consistent tendency to idealize the position of women in Vedic period, it is possible that the reality may have been different. It is observed that women had neither property nor the right of inheritance. Moreover, the society appeared to have been organized patrilineally. Furthermore, most of the deities that were worshiped in the Vedic period were male which indicate the prevalence of male domination in the society. It is seen, that though the early Vedic period was relatively undifferentiated there were no indications to show Role of Women in Indian Polity

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the fact that women could occupy the highest positions of authority and prestige as enjoyed by the priest or the Raja. This to a certain extent social stratification on the basis of gender is clearly discernible in Vedic period. In reality, it is observed that a woman’s role has been differently described in all the four Vedic texts, what is said about woman in ‘Yajur Veda’ varies from what is said in the ‘Sama Veda’ and ‘Atharva Veda.’ In fact, there are discrepancies in the same texts. Differences abound between chapters and verses which cause a lot of confusion. The status of women was better during the Rig Vedic period even though there was preference for a son. The position of women started declining during the Yajur Vedic period and the degradation was complete by the time the Atharva Veda was written. The equality in status and position with her opposite sex that women enjoyed during the Rig Vedic period was shortlived and then onwards she began to be treated as a second class citizen. The society was unsympathetic to her cause and the small mercies that were shown to her from time to time were shown only grudgingly. The only silver line in this sordid picture is that the lower orders of the society, which constituted nearly 80% of the population, were free from many of these encumbrances. Women in Post Vedic Period: In the post-Vedic period, 1500 BC to 500 AD, the position of women underwent changes in all spheres of life. They started to lose their importance as their status began to wane due to various reasons, among which the most important was denial of education. This period clearly see the growing tendency to stratify society along gender lines. The position of women gradually deteriorated as the golden Vedic ideals of unity and equality began to fade off through the passage of time. The freedom given to them was curtailed slowly and she was not allowed to voice her opinions in political matters as they lost their political rights of attending assemblies. The Age of the Later Samhitas, Brahmanas and Upanishads (1500 B.C. to 500 B.C.): The Brahmanas, the earliest Indo-European prose writings, are the set of literary documents subsequent to four Vedas depicting social life of the period between Vedas and the Upanishads. The Brahmanas represent the ideology of a sacerdotal caste which played upon the natural 186


instincts of the Hindus. The clever Brahmanas managed to control the people including women. In this respect, they had much to overcome e.g. early worship of goddesses, woman’s sex nature giving her the power of motherhood, her freedom all had to be reckoned with, so with verbal agitation they succeeded in lowering the position of women. They considered her an inferior creature without a mind and with a heartless cruelty they decided that gradually even religious rights must be taken away from woman. The gradual reduction of woman’s position coincided with the increasing authority of man along with priests. The men wanted their dominance and made the Hindu women subservient to them as a consequence the women were left with no freedom of choice and became only the mean for Hindu men to attain their end. The women lost their past status and glory. The Brahmanas are filled with passages of explanation regarding sexual matters. The necessity of male offspring for salvation was stressed emphatically. The belief of dual existence and rhythm of cycle of birth and death and rebirth, and the theory of Pindan considerably lowered the status of Hindu women as in the earlier belief that one can redeem oneself from one’s sin only through one’s own efforts, to which Puranas said by the performance of Sradha ceremony by one’s own son. This belief naturally increased the value and worth of the sons – the males. Woman who could not beget a son for the husband suffered indignity in the society. Daughters as such became unwelcome to the society and were considered to be a burden and they were reduced to doing the chores of household. According to the Aitareya Brahmana, a daughter has been described as a source of misery. The Atharva Veda also deplores the birth of daughters. However, during the period of Brahmanas, there were evidences of respect for women. The views of all men with regard to all women could not be dominated by the priests. Despite lowered status of women in Brahmanas, reverence for goddesses persisted in sacerdotal documents. Some men insisted upon worshipping the power of motherhood. In the Brahmana literature, the women speculate and argue with men and were not all together excluded from religious sacrifices. Much of the spiritual freedom which Hindu women had formerly possessed was wrested from them in the Brahmanas. It is likely that many women did not realize at that time that some religious leaders were trying to subjugate womanhood. Role of Women in Indian Polity

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The third set of sacred scriptures, the Upanishads, displays philosophic speculations including that of women’s. Gargi challenged Yagnavalkya and asked many subtle and intricate questions. Upanishad also includes a conversation between Yagnavalkya and Maitreyi, his wife over division of property at the decision by the sage to renounce the world. In the Upanishads, woman is referred to as having being created by the primeval being; a man’s wife is considered to be his voice. It is noteworthy that a daughter was desired and the parents went through a religious ceremony, Kanyasraddas, for the blessing of getting learned and capable daughters. A daughter, however, does not help a father to attain the sense of security which a son is able to provide. The mother was classified not only with father, teacher and guest but also with a deity. However, there are instructions regarding sexual matters including explicit justification of forcible sex-violation of a woman by a man. The condemnation of a barren woman is continued throughout the centuries from the Vedas to the Upanishads. False teaching is likened to a barren woman. The custom of female slaves was still prevalent in the Upanishads, as well as in earlier Vedas and Brahmanas. Yet certain matrilineal elements are discernible in this period also. The importance assigned to the wives of the King in the rajasuyagya has been regarded as an indication of matrilineal influence and the Vamsavalis or genealogies of teachers attached to the Brihadaranyaka Upanishad in which many seers bear metronymics, would also possibly indicate a similar development. The Age of the Smritis, Epics and Puranas (500 B.C. to 500 A.D.): During 500 BC to 500 AD which can be approximated to the period of early Smiritis, the Epics of Ramayana and Mahabharata and the early Puranas, the position of women transformed considerably. The male law-givers bounded freedom of women in deed and speech, society became polygamous, polyandry disappeared except in some rare cases like polyandry practiced by Draupadi in Mahabharata. Marriage or domestic life became compulsory for women and unquestioning devotion to husband their only duty. Even Sita was made to give proof of her chastity in presence of all. Despite of some proof being given, as to the satisfaction of her husband once accepted, later on again being required to undergo the pains of being separated from her husband. She seemed to have no right or reason to protest. The question of choosing one’s partner also lost significance because a girl’s consent to marriage 188


was considered of no importance as there was reduction of the age of marriage of girls. The practices of child marriage and Sati came into vogue. During 200 BC to 200 AD women lost all her religious rights and became the property of her husband. Women were tortured, humiliated, their position and condition degraded and became more pitiable. The codification of Dharma-Shastras started from 100 AD. In Dharma-Shastras women were unambiguously equated with sudras and were denied the right to study the Vedas, to utter Vedic mantras and to perform Vedic rites. Even the ‘Gita’ places women, vaisyas and sudras in the same category and describes them as being of sinful birth. The killing of women was also not considered as a disgraceful act. During the Puranic and Epic period, the Upanayana rights for girls were completely abandoned. Manu, Yajnavalkaya, Vishnu and Parasa were among the prominent persons who codified the Shastras. Out of all the codified laws the law of Manu influenced the status of women to a great extent. The status suffered a set-back when various restrictions were put on woman’s rights and privileges by Manu in the Manu Smriti (200 BC) and assigned a very subordinate status to Indian women. As a result, the position of women was reduced to being slaves of men. While glorifying motherhood and allowing women all freedom in the management of the household, the role of women got restricted to four walls of their home. Therefore, the Lord of creatures had ordained dependence for them and her ownership of wealth was also on behalf of husband. Marriage began to be treated as sanskar and a religious act, so that freedom to marry or not was not allowed by religion. The marital life was perceived in the context of religion which made the woman dependent as it was only through marriage that salvation could be attained. This dependency on religion degraded the position of the Hindu woman to a great extent. The Manu Smriti prescribes duties and obligations of a wife towards her husband which should followed in all the circumstances. The Smriti emphasizes the complete domination of husbands over wives. It mentions that even if the husband is immoral, debauch and lacks good qualities the wife must still worship him as if he were god himself. The injunctions of Manu merged the wife’s individuality with that of a husband Role of Women in Indian Polity

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and recommended strict seclusions for women and rigorous discipline for widows. A widow suffered from many disabilities in the society. The widow remarriage was prohibited. On many occasions which were considered as being auspicious the presence of a widow was regarded as a bad omen. There were unlimited constraints put on her personal life. She was entitled to maintenance till she kept the bed of her lord (husband) unsullied. A man, on the other hand, did not suffer from any of these disadvantages. Under the Hindu Law woman was considered to be weak and therefore, needs protection. Although Yaj–II-175, said woman should be “loved” but added “protected”. Manu-III-56, said, “Where the women are honoured, there all the deities are pleased and where they are dishonoured, there all religious acts become fruitless.” But Manu-IX-3, unequivocally said that a woman needs to be taken care of throughout her life. She should be “protected by her father during childhood, by her husband during youth and by her son during old age” which was supported by Yaj-i-53. According to the Manu Smriti a woman goes to ruin, even though she may be born in a noble family if there is no male to control her and adds that if a woman has no other controller or protector, the king should control and protect her. Therefore, during the period of 500 years between 200 BC and 300 AD the woman had to turn to the man for protection. The Puranas are religious stories enunciating the principles of Hinduism in a homely, easy and attractive manner. There is a combination of praise and blame for women. There are prohibitions laid upon the feminine. The association of womanhood with deification is scarcely recognized. The new societal norms did not believe in giving freedom to Hindu woman. Thus whatever recognition they had received during Vedic period was lost in the post- Vedic period. The women became dependent on men. The institution of marriage also lost its independent value and the role of Hindu women began to be confined to the kitchen and producing a son. The epics of Ramayana and Mahabharata go on observance – the son as the hope of the family. The women suffered from many legal difficulties. She was given a right to stridhan properties but was not given a share in the joint family properties in which she had only a right to maintenance so she hardly had any significant right. The concept of widow’s estate was developed with respect to property inherited by her from her husband. In the law 190


of adoption her position was inferior to that of man. A widow could not adopt without the authority of her husband giving during his lifetime and after his death without the consent given by his agnates. Gradually things changed but only to a little extent. Vijananeswara was liberal with respect to the rights of women. He did not view women as incompetent and therefore, not worthy to inherit. In fact he laid down that it was a man’s duty to maintain his dutiful wife and looked after his aged mother even if he had to commit hundred misdeeds. In this context it would be worthwhile to refer to the observations made by the High Court in Salemma vs. Lutchmana thus: “It is scarcely necessary to say that Vijananeswara’s statement that ‘stridhan’ is not to be misunderstood in a technical sense [Mitakshara, Chapter 2, Section 11, para 3] was not mere philological observation. By laying down that proposition, Vijananeswara and other great commentators, who followed him, succeeded in effecting a beneficial change in the archaic Smriti Law and placed women almost on a footing of equality with men as regards the capacity to hold property.” There are very few texts specifically dealing with the role of women; an important exception is the Stri Dharma Paddhati of Tryambakayajvan, an official at Thanjavur around 1730. The text compiles strictures on womanly behaviour dating back to the Apastamba sutra (4th century BC). The opening verse means that women are enjoined to be of service to their husbands. Some kingdoms in the ancient India had traditions such as nagarvadhu (bride of the city). Women competed to win the coveted title of the nagarvadhu. A woman who was not married and depending on the kind of relationship she had with a man, was addressed as a wanton woman (Swasini), a prostitute (Veshya), a woman discarded by her paramour (Mishkasini), a woman exclusively kept by any man (Bhiyishya) or an Ayarveddha ‘stri’ or ‘dasi’ and with varying degrees of stigma. In Mauryan period brahamanical literature was particularly severe in the treatment of women and assigned them a very low status in the society. Megasthenes testifies to the growing practice of polygamy; employment of women as palace guards, bodyguards to the kings, spies etc; permission of widow remarriage and divorce. Owing to the suppressed condition of women in the society, reformers and emperors Role of Women in Indian Polity

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like Ashoka fought for the rights and welfare of women. Ashoka may have felt the need to appoint a special group of mahamattas who would be concerned mainly with the welfare of women. Due to the efforts of many such reformers and philosophers, the condition of women improved and they were able to walk on the streets again with their heads held high. Thus the position of women though inferior was not as bad as it came to be in the later periods such as the Gupta period. Since women and property are bracketed together in several references in the Epics, Smritis and Puranas, women came to be regarded as a sort of property. She could be given away or loaned as any item of property. This was like the attitude of a typical patriarchal society based on private property. Because of this the Brahmanical law did not allow any proprietary rights to women; the provision for stridhana is of a very limited character and does not extend beyond the wife’s rights to jewels, ornaments and presents made to her. This took strong roots in Gupta and Post Gupta periods. The Purdah practice particularly in high caste families was in vogue. In the south Indian empires also the position of women deteriorated. Remarriage of widows was generally not encouraged. They were seen as a disgrace to the family and had to give up all the comforts of life. Their position was very bad as they had to cut off their hair, wore plain clothes, discard all their ornaments, had a separate place to stay and ate bland food. Some wives preferred to die with their husbands. The tonsure of widows like the tying of the tali at the marriage ceremony was obviously a pre-Aryan Tamil custom taken over and perpetuated into later times. The Position of Women under Other Religions: Women in Jainism: Atma has no division of male or female. Woman in particular has a unique position as Jana Matha, the woman who gives birth to Thirthankara, the Jain deity. She has the highest position as the Mother of Nature. History is full of names of Jain women who did a lot for society and their religion. It is stated in Mahapurana that woman has the same rights as man, to get educated, take up jobs and so on. Vrishabha Deva, the first Thirthankara, is said to have imparted knowledge of language and mathematics to his daughters first and only then to his sons. He taught

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the Jain alphabets to his daughter Brahmi, thus the famous Brahamilipi is named after her. He taught mathematics to his youngest daughter Sundari. Chandrabala the first disciple of Mahaveer, helped in propagating Jainism most effectively. Jain nuns worth names are Kamalasree, Brahmilee, Gunamathi, Sudarsana and others, as found in the oldest Kannada work Voddarathane of the 10th century. These nuns were able to influence the social life during that period. Among all the Jain nuns Yakini Mahathara was the greatest intellectual as she defeated a Brahmin Pandit, Haribhadra Suri, in theoretical arguments. Jain women were also excelled in the political field and they proved themselves as remarkable warriors. Margarines’s bravery among many others is notable. Though the Jain women have shown greatness in almost all the fields of social life and brought glory to humanity, still there was Sati practice which symbolizing the authority of men has coincided with the sense of sacrifice. Women in Buddhism: Buddhism rose as a protest against the rigid rules of Brahmanism. Buddhism opened the doors of religion to all human beings without any discrimination. It is in its essence, a religion of self-culture and selfrestraint. If a woman could achieve these two qualities, she was entitled to achieve Nirvana like men. Since the dissolution of Vedic society the doors of religion were once again opened to women and her right to salvation proclaimed. The establishment of the Order of Buddhist nuns gave women an opportunity for spiritual practice and enfoldment but she was however considered inferior in status to a male Bhikku. The advent of Buddhism saw a welcome change in women’s position in society as it allowed women the freedom to be educated, to travel as missionaries or even to remain unmarried. Several women used to lead a life of celibacy and became teachers of Holy Scriptures and philosophy. There are examples of women scholars in Buddhism like Sangamithra who with their scholarship and wisdom reigned. As far as common women were concerned, their condition was also not bad. Women’s role as mother commanded veneration, birth of a daughter was not regarded as a calamity but society generally expected her to give birth to a son, so that he could perform rituals for the salvation of his ancestors. This fear always remained with the women. If all goes Role of Women in Indian Polity

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well, the wife is called the “Comrade supreme.” Number of devoted couples is mentioned in the Palicanon. The most ordeal pair preferred by Buddha was Nakula-Pita and Nakula-Mata. The age of marriage was generally between 16 and 20. The relation of the husband and wife is that of mutual respect, though the status of the former is superior. If the unmarried daughter wishes to join Buddhist order, the consent of both the parents was required. The right of divorce was given under certain conditions. The presence or sight of a widow was not considered inauspicious. Though, only one instance of widow remarriage has been recorded, this might be due to the fact that widows used to join the order and so had no need to remarry. Though Buddhism accorded high status to women, it also considered woman as evil to be avoided by man. This was probably due to the austere measures of the Buddhist high priests for their men folk. The Jataka tales are full of long passages describing the evil and vile nature of women. Women in Sikhism: The Sikh doctrine brought revolutionary change in the status of woman. After the Bhakti movement, Guru Nanak, the first Guru of Sikhs also preached the message of equality between men and women. He advocated that women be allowed to lead religious assemblies and they fully participated in “Sangat” and “Pangat” established by him; to perform and lead congregational hymn singing called Kirtan or Bhajan; become members of religious management committees; to lead armies on the battlefield; have equality in marriage, and equality in Amrit (Baptism). Other Sikh Gurus also preached against the discrimination against women. The practice of Sati has been condemned. The purdah practice was eradicated. The practice of female infanticide is forbidden. Guru Amardas, opened 22 centres called “Manjis” and to manage them, he appointed 35 men and 52 women. Thus women felt much relieved and their status rose highly and they started working with men shoulder to shoulder in the new society. Guru Nanak stressed on the practical side of the life and attacked dogmatism, formalism and casteism. The taboo that for certain period after child birth a house is polluted is not accepted. The emphasis has been on self-restraint and continence, so that man should look at woman, 194


however attractive, as primarily sister, daughter or mother (except the woman whom he married). Even within this broad perspective, the status of women in Sikh community is again in the state of transition. Women in Christianity: The position of Indian Christian woman is far better than Hindu and Muslim woman. Christian women possess equal rights as that of men as per Bible which states that God made man as male and female so no differentiation in the rights or status is required. Yahewh or God said, “It is not good that men should be alone. I will make him a help mate.” So he fashioned woman as the help-mate of Adam, which brings out the fact that woman is companion of man; she comes out of his side; and stands always by his side. Her status and role were conferred by Yahewh himself, to be companion and wife to man and mother of all the living thing of the world. Her role increased her status in the society. Polygamy was a legal fact. A man could have any number of wives and a harem. Later, the Talmud fixed the number to four wives for an ordinary man and eighteen for the king. These were abuses which later were made legal. When coming to the New Testament, the first woman seen is Mary, the Mother of Jesus. The fact that she is accorded the status of the mother of Jesus is important. She was a companion and wife to Joseph and nurtured Christ and stood near his cross taking upon herself the ignominy and pain and accepting the rejection of Christ by the Jews. Mary is the second Eve, according to Christian theology and is the mother of all livings who believe in Jesus Christ. The Indian Christian woman brought up under the prevailing religious and socio-cultural patterns has lived in the false security of the male dominated church and church related institutions. The sources of Christian laws are legislative enactments including the Indian Christian Marriage Act, 1872, the Indian Divorce Act, 1860, the Indian Succession Act, 1925 and the Guardians and Wards Act, 1890 regulating marriage, divorce, inheritance and minority and guardianship respectively. The Christians do not have any system of adoption. The Christian women have struggled over years for equal rights of divorce and succession. In 1994, all the churches, jointly with women’s organizations, drew up a draft law called the Christian Marriage


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and Matrimonial Causes Bill. However, the government has still not amended the relevant laws. Women in Pre-Islamic and Islamic Society: In pre-Islamic society, both among Jews and the non-nomadic Arabs, the position of woman was degraded in the extreme. The Hebrew maiden was treated as equivalent to servant, if she was a minor father could sell her and in case of his death his sons could dispose of her. The preprophet Arabian women had no legal rights whatsoever in the social and political life of the country. The Arabs also practiced female infanticide by burning them alive. The institution of marriage though not unknown did not confer on them any rights. A man was free to have any number of wives, concubines and slave-women. Same was the position in Persia. The Holy Quran makes it clear that women have rights similar to those of man but yet man was a degree above woman as per customary law which was in practice. The Holy prophet gave a definite status to women in the society, as a wife, as a mother, as a daughter and as a sister. Under Muslim law, the legal capacity of a wife is not sunk in marriage and she retains the same powers of dealing with her property. In spiritual as well as in intellectual aspects, women are no different from men and education is made compulsory for both. The Quranic law condemned the practice of female infanticide, daughter is entitled to inherit, free to choose her husband and her consent for marriage is must without which it will become invalid marriage, conferment of dower is must in marriage and she has a right to maintenance. The Chapter “Sural-ul-Nisa” in the Holy Quran states that the position of women must be equal with that of men. The Quran made a ceiling to the number of wives, four, a man could have and specific conditions were laid down for contracting plural marriages including only when the person can do justice to so many wives, and not otherwise. The husband can divorce her for good reasons but since he is not required to establish those reasons before any earthly authority, the divorce can be at his will, even whim. Divorce can be of different types including Talak Ahsan (best practice), Talak Hasan (good practice) and Talak-ul-Biddat or Triple Talak (sinful).

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The guardianship in marriage manifests patriarchal element as the mother can become a guardian only in the absence of father and other paternal relations. While married, Muslim woman’s right stood curtailed in certain matters. She can refuse consummation unless the mehar is paid promptly to her, but she cannot prevent her husband from contracting another marriage. A Muslim woman is entitled to divorce on certain grounds only and she has to show very good and solid reasons for demanding separation from her husband otherwise she loses her settlement of dower. However, the Dissolution of Muslim Marriage Act, 1939 gives substantial relief to them. Another disturbing feature for them is nullification of Shabano’s dictum, which permitted maintenance for a divorced Muslim woman under general territorial law, Section 125 of the Code of Criminal Procedure, 1973, by enacting the Muslim Women (Protection of Rights on Divorce) Act, 1986, which is considered to be anti-Muslim women legislation. The Muslims woman’s rights are under subjugation. Therefore, it can be said that Muslim woman is no longer superior to other women The Position of Women in Medieval India: With invasions of India by Alexander (325 B.C.) and Huns (5th century A.D.), the position of women was reduced to “war prisoners”. From 500 A.D. to 1800 A.D. the existence of women was further degraded and deteriorated during the medieval period when Sati, Child marriage and a ban on Widow Remarriages became part of social life among some communities in India. The crucial period during which the Indian women’s education and training came to a sudden halt and their position deteriorated even further can be traced to the 13th century A.D. when the country was invaded by invaders coming from Arabia (11th century), Turkey (12th century), and Persia. These Muslim conquest in the Indian subcontinent brought complete subordination of women as they stopped moving out of their houses for fear of being exploited and they were compelled to observe purdah. The custom of seclusion of women spread especially among the upper classes of those areas where Muslim influence was predominant. Among the Rajputs of Rajasthan, the Jauhar was practiced. In some parts of India, the Devadasis or the temple women were sexually exploited. Polygamy was widely practiced especially among Hindu Role of Women in Indian Polity

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Kshatriya rulers. In many Muslim families, women were restricted to Zenana areas. The medieval period saw the women being oppressed in the feudal social order and patriarchal families. Women lost the right of education and they could worship only through priest. The system of dowry had taken a positive root of great magnitude from about 13th to 14th Century AD with an alarming position in Rajasthan. In spite of these conditions, some women excelled in the fields of politics, literature, education and religion. Razia Sultana became the only woman monarch to have ever ruled Delhi. The Gond queen Durgavati ruled for fifteen years, before she lost her life in a battle with Mughal emperor Akbar’s general Asaf Khan in 1564. Chand Bibi defended Ahmednagar against the mighty Mughal forces of Akbar in 1590s. Jehangir’s wife Nur Jehan effectively wielded imperial power and was recognized as the real force behind the Mughal throne. The Mughal princesses Jahanara and Zebunnissa were well-known poets. Shivaji’s mother, Jijabai was deputed as queen regent because of her ability to influence her son to become a warrior and good administrator. In South India, many women administered villages, towns, divisions and heralded social and religious institutions. The Bhakti movements tried to restore women’s status and questioned some of the forms of oppression. Mirabai, a female saintpoet, was one of the most important Bhakti movement figures. Some other female saint-poets from this period include Akka Mahadevi, Rami Janabai and Lal Ded. Bhakti sects within Hinduism such as the Mahanubhav, Varkari and many others were principle movements within the Hindu fold to openly advocate social justice and equality between men and women. The Position of Women in Colonial India: The Mughal period and the subsequent advent of the British period were marked for general practice of killing baby girls, condemnation of widows, polygamy and system of Devdasis in different parts of India. But despite this fact many women of princely class revolted against the European invaders especially the British regime and its policies. Kittur Chennamma, the queen of the princely state Kittur in Karnataka, led an armed rebellion against the British in response to the Doctrine of lapse. Abbakka Rani the queen of coastal Karnataka led the defence against invading European armies notably the Portuguese in 16th Century. Rani 198


Lakshmi Bai, the Queen of Jhansi, led the Indian Rebellion of 1857 against the British. She is now widely considered as a nationalist hero. Begum Hazrat Mahal, the co-ruler of Awadh, was another ruler who led the revolt of 1857. She refused the deals with the British and later retreated to Nepal. The Begums of Bhopal were also few of the notable female rulers during this period. They did not observe purdah and were trained in martial arts. European scholars observed in the 19th Century that Hindu women are “naturally chaste” and “more virtuous” than other women. The attitude, behavior and living pattern of Hindu society changed drastically during the British regime due to education and western impact on the socio-cultural life of India. Injustice on women folk as echoed by Dada Bhai Naroiji, Swami Dayanand Saraswati, Ishwar Chandra Vidyasagar, Jyotirao Phule, Peary Charan Sarkar, Lokmanya Tilak, Aurobindo Ghosh and Mahatma Gandhi. Widow Remarriage was advocated by Raja Ram Mohan Roy and his Brahmo Samaj. His work was further developed by persons like Ranade and Karve in Maharashtra. The 19th Century brought a new era in India’s independence struggle as crucial role was played by some outstanding women like Dr. Annie Besant, Bhikaji Cama, Pandita Ramabai, Sister Nivedita, Sarojini Naidu, Sucheta Kriplani, Durgabai Deshmukh, Kasturba Gandhi, Vijayalakshmi Pandit, Pritilata Waddedar, Rajkumari Amrit Kaur, Aruna Asaf Ali, Muthulakshmi Reddy, etc. and many more. The Rani of Jhansi Regiment of Subhash Chandra Bose’s Indian National Army consisted entirely of women including Captain Lakshmi Sahgal. While this list might suggest that there was no positive British contribution during the Raj era, that is not entirely so, since missionaries’ wives like Martha Mault née Mead and her daughter Eliza Caldwell née Mault are rightly remembered for pioneering the education and training of girls in south India - a practice that initially met with local resistance, as it flew in the face of tradition. Raja Rammohan Roy’s efforts led to the abolition of the Sati practice under Governor-General William Cavendish Bentinck in 1829. Ishwar Chandra Vidyasagar’s crusade for the improvement in condition of widows led to the Widow Remarriage Act of 1856.Christian Missionaries in Bombay started the first school for girls in 1824. Ishwar Chandra Vidyasagar started at Calcutta another school Role of Women in Indian Polity

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for girls in 1849 which later became Bethuen College. Chandramukhi Basu, Kadambini Ganguly and Anandi Gopal Joshi were few of the earliest Indian women to obtain educational degrees. In 1917, the first women’s delegation met the Secretary of State to demand women’s political rights, supported by the Indian National Congress. The All India Women’s Education Conference was held in Pune in 1927. In 1929, the Child Marriage Restraint Act was passed, stipulating fourteen as the minimum age of marriage for a girl through the efforts of Mahomed Ali Jinnah. Though Mahatma Gandhi himself married at the age of thirteen, he later urged people to boycott child marriages and called upon the young men to marry the child widows. The Position of Women in Independent India: It was the 20th Century that really ushered in an era of dynamic changes and many new concepts which affected the status of women giving them fresh dignity and importance. It was only when India gained political freedom and emerged as Independent Sovereign Republic that women are ought to become independent in their thoughts and deeds. After Independence, effective steps were taken to improve the status and position of women due to the principles of democracy based on equality and liberty, a woman’s role began to change toward greater emancipation from man’s domination. In India, due to efforts of social reformers and social legislations, women were brought out of the confines of their homes. There were nearly 13 women members in the Constituent Assembly which framed the Constitution of India, our fundamental law which guarantees to all Indian women equality (Article 14), no discrimination by the State (Article 15(1)), equality of opportunity thereby to hold any office from the highest to the lowest (Article 16), right to education (Article 21-A), rights to give vote and to contest elections meaning thereby they can take part in the political life of the country (Articles 325 and 326), equal pay for equal work (Article 39(d)). In addition, it allows special provisions to be made by the State in favour of women and children in the name of protective discrimination (Article 15(3)), renounces practices derogatory to the dignity of women (Article 51(A) (e)), and also allows for provisions to be made by the State for securing just and humane conditions of work and for maternity relief 200


(Article 42). Article 243D and 243T are other relevant Articles. The education is also made free and compulsory for all the children of 5-14 age groups. Accessibility to education and availability of increasing opportunities for acquiring education has brought about tremendous changes in the status of women as the lack of education in the past played a very detrimental role in the status of women. Now the Indian women have a number of achievements to their credit. They have adorned high offices in India including that of the President, Prime minister, Speaker of the Lok Sabha, Leader of the Opposition and Judges of the Supreme Court and High Courts. Mrs. Indira Gandhi, who served as Prime Minister of India for an aggregate period of 15 years is the world’s longest serving woman Prime Minister. Women have excelled in the fields of higher learning, such as, engineering, nuclear physics, computer sciences, medical sciences, administration, management, art and humanities. They now participate in all activities such as sports, politics, media, art and culture, service sectors, science and technology, etc. They have in many ways proved equal to men and have won several laurels. Yet, they continue to be subject to various forms of class, caste and gender oppression. The deep rooted patriarchal values, societal and religious traditions continue to reinforce the subordinate status of the Indian women. The sex based arbitrary division of male and female role in society keeps women under the control of men. It can be seen that many of the disabilities that women suffered in the past persists in our society even today. The equality of status guaranteed by the Constitution of India is only a myth to millions of women who are victims of violence within the family. Wife beating, child sexual abuse and other forms of domestic violence, abortion of female fetuses, dowry deaths and cruelty are all forms of violence that happens to women within the privacy of home. There are certain revolutionary changes from ancient law in modern Hindu codified law as the modern Indian legislations have stabilized the position of woman by offering her the same rights, opportunities and openings which a man has. The Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Adoption and Maintenance Act, 1956, the Hindu Minority and Guardianship Act, 1956, the Dowry Prohibition Act, 1961, the Maternity Benefit Act, 1961, the Equal Remuneration Act, 1976 etc. are some of the legislations which Role of Women in Indian Polity

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statutorily recognize the various rights of woman regarding marriage, divorce, maintenance, adoption, guardianship, inheritance, widow remarriage, legalizing of abortion and eradication of dowry, in the capacity of daughter, wife, mother, widow, woman and thereby have promoted emancipation and improved the status of women at a large extent. There is hardly any field today wherein women have not entered. Besides these legislations, under the provision of the Directive Principles of State Policy each State has undertaken women’s welfare programmes. The Central and the state Governments have evinced keen interest in betterment of the legal, social, educational and cultural status of women. The Government of India declared 2001 as the Year of Women’s Empowerment (Swashakti). The National Policy for the Empowerment of Women was passed in 2001. But the law alone is not enough to bring about a radical change. With rapid urbanization and industrialization of the country, exploitation of the women in recent years has been a serious menace to our society. Notwithstanding the multiplication of legislation on various fields, with a view to improve the social, political and economic conditions and status of the women, even the ancient forms of victimization, child marriage and premature consummation of marriage resulting in early and dangerous pregnancies, Sati, female infanticide, female foeticide, illegal abortions, dowry deaths, rape, eve-teasing and various other forms of molestation of women still continue. The condition of Indian woman is very shocking. The life of woman in India is still surrounded by violence, neglect and exploitation. Women in India are generally exposed to numerous social issues. Women’s health is given consideration only in terms of maternity, leaving women beyond the reproductive age, young unmarried girls and widows outside health and nutrition schemes. The condition of elderly women is also not satisfactory especially those of widows. She has to earn and as also run the house and raise her children. If she does not earn, her condition is even worse. She has neither economic security nor a say in decisions concerning her and her children. Families still believe that once a daughter is given away in marriage, she cannot be given away again to another person. Hence, widow remarriage, though sanctioned by Hindu Widows Remarriage Act, 1856, seldom take place and is discouraged. In most Indian families, women do not own any property 202


in their own names, and do not get a share of parental property. Due to weak enforcement of laws protecting them, women continue to have little access to land and property. The feminist activism in India picked up momentum during later 1970s. One of the first national level issues that brought the women’s groups together was the Mathura rape case where the acquittal of policemen accused of raping a young girl Mathura in a police station, led to wide-scale protests in 1979–1980. The protests were widely covered in the national media, and forced the Government to amend the Indian Penal Code to introduce the category of custodial rape and the corresponding changes in the Criminal Procedure Code and the Indian Evidence Act. Female activists united over issues such as female infanticide, gender bias, women health, female literacy and anti-liquor campaigns. In 1990s, grants from foreign donor agencies enabled the formation of new womenoriented NGOs which with Self-help groups have played a major role in women’s rights in India. Many women have emerged as leaders of local movements. Many Indian Muslim women have questioned the fundamental leaders’ interpretation of women’s rights under the Shariat law and have criticized the triple talaq system. In 2006, the case of a Muslim rape victim, Imrana, who was raped by her father-in-law, was highlighted in the media. The pronouncement of some Muslim clerics that she should marry her father-in-law led to widespread protests and finally her fatherin-law was given a prison term of 10 years. The verdict was welcomed by many women’s groups and the All India Muslim Personal Law Board. Conclusion: Masculine and feminine elements of civilization will have to be more evenly balanced if we ask for better social arbitration. To discard the feminity is to discard the Nature. Moral values will emerge only when the masculine state of mind will endeavour to value the feminine potentiality. To fly smoothly, both the wings have to be kept in equal balance. With the rise in offences against women, there is a gradual fall in our moral values. It can also be well said that because of fall in our moral values, there is a sharp rise in crime against women. Feminity is the fundamental of birth, survival, strength, virtue and love. The female part is the best side of the planet. Mother for birth and the first feeding; earth for existence, Role of Women in Indian Polity

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survival, continuity of life and all elements of essentiality, nourishment, food etc.; Saraswati for education; Laxmi for wealth; Durga for force and power; Parvati for strength; Ganges to wash off the sins; Nature whose benefits to the mankind can hardly be put to numerical counts. All learning and culture are centered in women. Gods are pleased where women are taken in high esteem. Woman is more powerful than man in raising the generations ahead to new levels. They have tremendous influence on the future. So we must realize and accept this truth and treat man and woman as equal partners in every sphere of life. However, the status enjoyed by the Indian women cannot be assessed easily. While the ‘ideal’ was worshipped, the ‘real’ was neglected. Ideally, women were accepted as a living force in society, a symbol of purity, religiousness, spirituality and sacrifice. In reality, they were subjected to suppression, many deprivations and were exploited by men. They were denied equal rights in marital, familial, social, educational, economic and political fields. They were assigned a subordinate status. Our aim must be to convert idealism in reality so that women can enjoy the freedom, respect and status which they really deserve. Only then the Indian society will progress in the real sense as the status and position of women in society is directly proportional to development of that society. So let’s try to make Indian society as a better place for women!

Refrences The Constitution of India Statutes: The Child Marriage Restraint Act, 1929 The Code of Criminal Procedure, 1973 The Dissolution of Muslim Marriage Act, 1939 The Dowry Prohibition Act, 1961 The Equal Remuneration Act, 1976

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The Guardians and Wards Act, 1890 The Hindu Adoption and Maintenance Act, 1956 The Hindu Marriage Act, 1955 The Hindu Minority and Guardianship Act, 1956 The Hindu Succession Act, 1956 The Hindu Widows Remarriage Act, 1856 The Indian Christian Marriage Act, 1872 The Indian Divorce Act, 1860 The Indian Evidence Act, 1872 The Indian Penal Code, 1860 The Indian Succession Act, 1925 The Maternity Benefit Act, 1961 The Muslim Women (Protection of Rights on Divorce) Act, 1986 Books: Anjani Kant, Women and the Law, (1997) N.V.Jagnnatha Rao and Godavari D. Patil, ‘Changing Role and Status of the Indian Women through the Ages,’ The Indian Woman, Myth and Reality, Ed. by J. P. Singh, 1996 Preeti Misra, Domestic Violence against Women, Legal Control and Judicial Response, (2007) Ratna Kapur, Brenda Cossman, Subversive Sites: Feminist Engagements with Law in India, (1996) Roma Mukherjee, Women, Law and Free Legal Aid, (1998) V. K. Dewan, Law Relating To Offences Against Women, (1996) Judgment: Salemma vs. Lutchmana, (1898) I.L.R. 21 Mad 100 Website: ‘History Tuition -Ancient India -Position of women in Ancient India -2500 B.C. -1500 B.C.,’


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http://www.historytuition.com/position_of_women_in_ancient_india/ index.html, visited on 14-09-2012. ‘Status and position of Women in ancient India,’ by Pooja Thomas on Oct 31, 2011, http://www.slideshare.net/poojamthomas/status-and-position-of-women-inancient-india, visited on 13-07-12. ‘Women in India,’ Wikipedia, the free encyclopedia, http://en.wikipedia.org/wiki/Women_in_India, 2012.

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visited on 13th September,


Chapter - 10

Women Reservation Bill: Prospects and Concerns

Gunjan Khanna*

Introduction Parliaments across the world are, as a rule, male-dominated. Female representation in parliaments across the world is currently lower than 20%, on an average. (19.6% according to IPU). Therefore, political underrepresentation of women has emerged as one of the key concerns for women’s movements in the last decade of the twentieth century. Reservation is a specific kind of legislation which can be the reform that allows changes in the status of women thus paving the path for real political empowerment of women. Reservation, by no means an uncontroversial topic, however in theory, reservation should increase female representation, but the implications of reservation can be subject to intense debates. Debating reservation is not only an issue for political players, but for players outside the political sphere, as well. Media plays a significant part in how the discourse on reservation is portrayed to the public. Different countries experience reservation legislation differently and politics and media affect each other. Reservation is one of the affirmative action to redress gender inequalities which ultimately

*

expected to alter development priorities, perspectives, concerns and thereby increases accountability. According to Brinda Karat The Women’s Reservation Bill will ensure that women of Scheduled Castes, Scheduled Tribes, Other Backward Classes, poor women and Muslim women would benefit from it. According to Rajindar Sachar, PUCL Bulletin, July 2003, Women’s reservation bill – A social necessity, national obligation AN ILO Study shows that “while women represent 50 % of the world adult population and a third of the official labour force, they perform nearly two- third of all working hours, receive a tenth of world income and own less than one per cent of world property”. Therefore, reservation for women is not a bounty but only an honest recognition of their contribution to social development. Combining the different aspects of diagnostic, prognostic and motivational framing together with the aspects of representation theory, it will enable us to understand in what way the messages of reservation and women in parliament are being dressed – in the shape of problems, solutions or “calls to engage.” Representation Symbolic Diagnostic Lack of role models. Lack of initiatives for women to think they can take part in politics.

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Descriptive Lack of legitimacy in a parliament where not everyone is represented. Men overrepresented. Information access skewed.

Substantive Women’s issues cannot be addressed to the fullest extent. Men acting for all groups of people, regardless of their understanding of women’s issues.


Prognostic

Motivational

Role models. Political women inspire women outside of parliament.

Legislation on reservations to achieve numeral equality.

Advocating for women’s interests. Women’s issues addressed. Women seen as more than simply “women.” Gaining: Mirror of Women acting real world for women • Gender information spreading Equality in parliament outside of representative parliament. • Legitimacy of world outside Women Parliament. acting for themselves. Creating accountability and authority.

Symbolic The Women’s Reservation Bill allows women the chance to, “build a modern society” and “encourage the empowerment of women”. This is inherent to the importance of symbolic representation; if women understand their role in society as being part and parcel of the evolution of modern politics, they will be inspired to think they can take part in politics. The framing process in this aspect is very powerful; women are seen as the solution, the opposite of the old patriarchal ways which dominate traditional politics. Words like modern and empowerment are the antithesis to words like discrimination and exploitation. Using these strong words as symbols creates a powerful motivational tool. Female representation is thus both an important tool and a goal. Words like modern are also used to emphasize that anything other than women being allowed – or helped – into the political space is a step back. In newspapers, the concept of gender justice occurs frequently, as a concept utilized by politicians both for and against the reservation. Clearly, this word is Role of Women in Indian Polity

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interlinked with the concept of gender equality, but also expresses the right to be justly treated, regardless of gender. It’s a clear frame, a goal that must be met and can be understood as the importance of women as symbolic representatives. To promote women is essentially to be part of the struggle towards gender justice. Descriptive It is important for parliament to become a mirror of the world outside, so that the decisions taking in parliament are not exclusive or unjust in any way, to any specific group of people. However, the problems that the Women’s Reservation Bill, are also framed from the perspective of descriptive representation. The opponents of the Women’s Reservation Bill see that those that will benefit from the reservation are those who already have more power – the elite women. This would cause representation in parliament to be a false representation of the world outside it. Lower-caste women would therefore not be able to present their issues to parliament, as there would be a lower chance of someone standing for their specific issues. Descriptive representation is therefore essential to the point that it guarantees that everyone be privy to the political space in parliament. It is both a solution for and against the struggle to legislate on the Women’s Reservation Bill. Substantive The arguments against reservation legislation for parliament also relate strongly to substantive representation not being achievable. The opposition want to avoid a situation where women become politicians by proxy, that is, acting on the wishes of their male relatives and the male politicians in their nearby surroundings. The lack of legitimacy that comes with “proxy women” being elected into parliament is also inherent to the opposition’s arguments. If women are simply acting as an extension of their male relatives in parliament, this also takes away from their ability to act for women, as they are – apparently – acting on the interests of their male colleagues and relatives. Even the concept “proxy women” is a strong symbol for the belief that women are unable to act on their own interests in parliament, and that they are still being controlled by the strong patriarchal bonds that surround them. If women are not allocated in by reservation, the traditional structure of politics will make

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it impossible for them to deal with their own issues of discrimination, as well as becoming part of dealing with society’s injustice and disparity. Despite the fact that women have held important positions and affirmative action’s on the part of both at the national and international levels, women’s participation in the political arena and in the decision making bodies is not in proportion to their population. Indian Perspective In India, normatively, women have been given an exalted position in society. During ancient times they were treated at par with men even in political and philosophical spheres. However, down the centuries, the position of women in society deteriorated and politically they were pushed to the background. Therefore, affirmative action like reservation is to be considered to redress gender imbalances. Evolution of Women’s Participation in Political Activities The roots of women’s participation in politics can be traced back to the nineteenth century reform movement. This movement emerged as a result of conflict between the Indian bourgeoisies, trying to wrest control from the British. This class made attempts to reform it, mainly by campaigning against caste, polytheism, idolatry, animism, purdha, child marriage, sati etc., perceived as elements of primitive identity. Raja Ram Mohan Roy focused on two issues, namely women’s education and abolition of sati. In the early 1850s, a campaign on widow remarriage was launched resulting in the passage of a Bill in 1856, which allowed widow remarriage. This Bill though helped the situation of widows, denied them the right to their husband’s or his family’s properties. Several eminent women reformers participated in this movement as well as in the religious reform movement of this period. Pandit Ramabai, Manorama Majumdar, Sarala Debi Goshal who started Bharata Stree Mahamandal for the education of women, Swarna Kumari Debi who started the women’s organisation Sakhi Samiti in 1886 for widows are few examples. These activities gave momentum to women’s participation in public spaces, which paved the way for their entry into the independence struggle. Swarna Kumari Debi, one of the two delegates elected from Bengal to represent the State at the 1890 Congress session is a case in point.


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Women’s Participation in the Independence Movement The Swadeshi movement in Bengal (1905-8) marked the beginning of women’s participation in nationalist activities. Many of the women were from families involved in nationalist politics. Middle class nationalist women contributed jewellery, money and even grain to the movement. They took active part in the boycott of foreign goods and in revolutionary activities. Sister Nivedita is reported to have become a member of the National Revolutionary Council and in that capacity, organised women for nationalist activities. Like her there were several others seen as a threat by the British including Agyavati in Delhi, Madame Cama who was described by the Government as the recognised leader of the revolutionary movement and Kumudini Mitra who started a journal called ‘Suprabath’ which linked nationalist politics to women’s traditional power. Madame Cama, a Parsi woman nationalist persuaded the International Socialist Congress to support the Indian Independence Movement and also began a monthly journal called ‘Vande Mataram’ towards this end. The movement for independence also gave rise to the question of women’s suffrage. In December 1917, Annie Besant and few other women met Mr. Montague to demand voting rights for Indian women. During the same period several all India women’s organisations came into being. In 1917, Annie Besant, Dorothy Jinarajadasa, Malathi Patvardhan, Ammu Swaminathan, Mrs. Dadabhoy and Mrs. Ambujamal founded the Women’s Indian Association. Described as the first truly feminist organisation in India, it strongly supported the Home Rule Movement. In 1926, the All India Women’s Conference was formed and became extremely active on the question of women’s suffrage, labour issues, relief and nationalist work. The 1920’s also witnessed a second generation of feminists who were advocates of women’s rights. Rajkumari Amrit Kaur, Lady Piroj Bai Mehta, Mrs. N. Sengupta, were some of the prominent women activists of this period. Several other women were active on causes other than the Independence movement including Prabhavati Mirza (a powerful trade unionist), Kamini Roy (a social reformist), and Aghorekamini Roy (founder of a social welfare women’s organisation). A number of these reformist and revolutionary women were also eminent writers.

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Nagendrakala Mustafi, Mankumari Basu, Kamini Roy, Kasibhai Kanitkar, Mary Bhore, Godavaribai Samaskar, Kamala Sathianandan, Rameshwari Nehru, Roopkumari Nehru, Parvatibai and Rukmanibai are examples of this stream of women activists who combined activism and writing. Women who were strong leaders in the Independence movement were Sarojini Naidu, Kamaladevi Chattopadhyay, Aruna Asaf Ali, and Basanti Devi. A strong supporter of women’s rights, Sarojini Naidu worked with the Congress and the Muslim League. She was instrumental in the passage of a resolution to support women’s franchise and became the first Indian woman to become the elected President of the Indian National Congress. Kamaladevi Chattopadhyay participated in the Satyagraha movement of the 1930s. Aruna Asaf Ali’s first major political involvement was in the salt march at which she was arrested and prosecuted. She was also active in the Quit India movement, edited Inquilab magazine of the Congress and established the National Federation of Indian Women. She came to be known as the Grand Old Lady of the Independence Movement and heroine of the 1942 movement. Basanti Devi took active part in antiBritish activities and was arrested for picketing foreign goods shops, and in 1922 presided over the Bengal Provincial Congress Committee. Thousands of women joined in the salt Satyagraha, which is “generally remembered as the first time “masses of Indian women’ got involved in the struggle for Independence.” Several women’s organisations were formed to mobilise women to participate in nationalist activities including processions, pickets, and charka spinning such as the Ladies Picketing Board, Desh Sevika Sangh, Nari Satyagraha Samiti and Mahila Rashtriya Sangh. Beyond any doubt, the active participation of women in the political struggles for independence consummated in a Constitution based on the principles of equality and guaranteeing equal rights to suffrage for women, in the year 1947 itself. Constitutional Provisions The Constitution of India is based on the principles of equality and guarantees equality before law and equal protection to all its citizens. It not only guarantees fundamental rights and freedoms, but also prohibits discrimination on the basis of religion, race, caste, sex, and place of birth. However, these rights have remained de jure and have not been translated Role of Women in Indian Polity

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into de facto rights. As such, women have been denied social, economic, civil and political rights in many spheres. An important area where women have been inadequately represented is in the political sphere. Articles 325 and 326 of the Constitution of India guarantee political equality equal right to participation in political activities and right to vote respectively. While the latter has been accessed, exercised and enjoyed by a large number of women, the former i.e., right to equal political participation is still a distant dream. Lack of space for participation in political bodies has not only resulted in their presence in meagre numbers in these decision making bodies but also in the neglect of their issues and experiences in policy making. Also, almost all the provisions contained in the UN Convention on the ‘Elimination of All Forms of Discrimination against Women’ are there in the Indian Constitution. Not only does the Constitution guarantee equal political status to women, there is even a scope for ‘positive discrimination’ in their favour as is evident in Article 15(3) of the Constitution. There are many other provisions in the Constitution which lay stress on equality between men and women. Article 14 provides for equality before law. Article 39(a), states that the State shall direct its policy towards securing equally to men and women the right to an adequate means of livelihood, and Article 39(d) enjoins the State to direct its policy towards securing equal pay for equal work for both men and women. Article 42 provides for securing just and humane conditions of work and for maternity relief and Article 51(A) (e) refers to the fundamental duty of citizens to renounce practices derogatory to the dignity of women. Women Reservation Bill The question of reservation for women had surfaced even before Independence because women from the elite classes of that period – who wanted to play some role in public life, realised the hurdles in their way. This view was again reflected during the review of the Committee on the Status of Women in India, (CSWI) in 1974. The Committee observed that “the rights guaranteed by the Constitution have helped to build an illusion of equality and power which is frequently used as an argument to resist protective and accelerating measures to enable women to achieve 214


their just and equal position in society”. Social scientists also who undertook studies on the Committee’s request came back with a uniform finding that while women’s participation as voters had been increasing at a faster rate than men’s, their representation as candidates – successful or unsuccessful – registered in fact an opposite trend. The marginalising trend has continued till date. In Lok Sabha Even six decades after Independence, the representation of women in the Lok Sabha does not present an impressive picture. It has not crossed 10 per cent (Table 1). In the First Lok Sabha, there were only 22 women constituting 4.4 per cent of the House. It increased marginally over the years except in the Sixth Lok Sabha when the House had only 19 women members. In the Thirteenth Lok Sabha, there were 49 women members. However, in the Fourteenth Lok Sabha, the strength of women members is 51. Table 1: Number of Women Elected to Lok Sabha General Elections First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Eleventh Twelfth Thirteenth Fourteenth

No. of Women Elected 22 27 34 31 22 19 28 44 28 39 40 44 49 51


Percentage 4.4 5.4 6.7 5.9 4.2 3.4 5.1 8.1 5.29 7.02 7.36 8.07 9.02 9.51

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In Rajya Sabha Similarly, in the Rajya Sabha, in 1952, the number of women members was merely 15 constituting 6.94 per cent of the membership of the House. Over the years, the percentage of women has increased and now, out of 242 members, 23 are women constituting 9.50 per cent of the House. In the Rajya Sabha, the representation of women has never crossed 12 per cent (Table 2). Table 2: Women Members of Rajya Sabha and their Percentage (1952-2008) Year 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 216

Number 15 17 20 22 24 18 21 23 22 14 18 18

Percentage 6.94 7.79 8.62 9.52 10.25 7.62 8.97 9.82 9.64 5.85 7.40 7.53 Role of Women in Indian Polity

1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012

24 25 29 24 24 28 25 24 17 20 19 19 22 25 28 25 23 20 26

10.16 10.24 11.98 10.16 10.24 11.98 10.59 10.34 7.29 8.36 7.81 7.75 9.01 10.20 11.43 10.41 9.50 9.13 11.61

In State Legislatures Women representation in State legislatures has also been equally dismal. At present the average percentage of elected women Role of Women in Indian Polity

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in State Assemblies is 6.94 per cent, the highest being 14.44 per cent in Haryana and the lowest being 1.34 per cent in Karnataka. States like Arunachal Pradesh, Manipur, Mizoram, Nagaland and Union Territory of Puducherry have no representation of women in their Assemblies (Table 3). Table 3: Women Members in Legislative Assemblies and their Percentage Name of State / Union Territory

Total No.

Women Members

Percentage

Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Delhi Goa Gujarat Haryana Himachal Pradesh

of Seats 294 60 126 243 90 70 40 182 90 68

28 0 13 25 5 6 1 16 13 5

9.52 0.00 10.32 10.29 5.56 8.57 2.50 8.79 14.44

Jammu & Kashmir

87

2

Jharkhand

81

5

Karnataka

224

3

Kerala

140

7

Madhya Pradesh

230

19

Maharashtra

288

12

Manipur

60

0

Meghalaya

60

2

Mizoram

40

0

Nagaland

60

0

Orissa

147

11

Punjab

117

7

218

7.35 2.30 6.17 1.34 5.00 8.26 4.17 0.00 3.33 0.00 0.00 7.48 5.98 Role of Women in Indian Polity

Puducherry

30

0

Rajasthan

200

13

Sikkim

32

3

Tamil Nadu

234

22

Tripura

60

2

Uttar Pradesh

403

25

Uttarakhand

70

4

West Bengal

294

37

Total

4120

286

0.00 6.50 9.38 9.40 3.33 6.20 5.71 12.59 6.94

Website of the respective Assemblies/State Governments

In Independent India, women have held important political and administrative positions. For instance, Smt. Indira Gandhi guided the destiny of the country as Prime Minister for more than one and half decades. Women have also served as Governors, Chief Ministers, Ministers in Union and State Governments, Presiding Officers of Legislative Bodies, Judges of the High Courts and Secretaries to the Government of India. But, still it is unfortunate that in India after 58 years of the working of the Constitution, women are still fighting for their empowerment. It is not surprising that the Global Gender Gap Report 2007 of UNDP had placed India at a disappointing rank of 114 out of 128 countries studied, based on indicators, among others, of political empowerment. Role of Women in Indian Polity

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Reservation for Women in Lok Sabha/Assemblies — Previous efforts Attempts to have seats reserved for women in the Lok Sabha and the State Legislative Assemblies have had a chequered legislative history. After years of painstaking struggle by the women’s groups, the Bills for women’s reservation were earlier introduced in Parliament in 1996, 1998 and 1999, respectively, without being passed. The Constitution (Eighty - first Amendment) Bill, 1996, was introduced on 12th September, 1996. Some of the significant features of the Bill were as under:(i) O ne-third of the total number of seats filled by direct elections in the House of the People and in Legislative Assemblies of the States shall be reserved for women. (ii) O ne-third of seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from amongst the seats reserved for the Scheduled Castes and the Scheduled Tribes under clause (1) of article 330 and clause (1) of article 332 of the Constitution. (iii) No reservation of seats in Lok Sabha for women from a State having less than three seats in Lok Sabha. (iv) If the number of seats reserved for the Scheduled Castes or the Scheduled Tribes was less than three in any State, no reservation for women belonging to the Scheduled Castes and the Scheduled Tribes was provided for in the State. (v) T he seats were to be reserved for women by rotation in the manner laid down by law of Parliament. (vi) No time limit up to which reservation for women was to continue. (vii) It did not provide for reservation of seats for women belonging to the Other Backward Classes. (viii) It did not provide reservation of seats for women in the Rajya Sabha and the Legislative Councils of the States. After intense debates and dissenting opinions, the Bill was referred to a Joint Committee of Parliament consisting of 31 members from both Houses of Parliament. The Committee chaired by Smt. Geeta Mukherjee presented its report on 9 December 1996.

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The Committee in its report, inter alia, recommended as under—

The words ‘not less than one-third’ occurring in the Bill should be replaced with ‘as nearly as may be, one-third’. (i) T he Legislative Assembly of the National Capital Territory of Delhi should also be brought under the purview of the Bill. (ii) T he provision for reservation of seats for women should also be made in respect of nominations made under article 331 and 333 of the Constitution. (iii) T he provision of reservation for women should cease to have effect on the expiry of a period of fifteen years from the commencement of the Constitution (Eighty-first Amendment) Act, 1996. (iv) The issue of extending the benefit of reservation to Other Backward Classes may be considered by the Government at the appropriate time. (v) T he Government should work out the modalities for providing reservation of seats for women in Rajya Sabha and in the Legislative Councils and bring out suitable legislation in this regard at the appropriate time. The Constitution (Eighty-first Amendment) Bill, 1996, as reported by the Joint Committee of Parliament, lapsed with the dissolution of the Eleventh Lok Sabha. Thereafter, a similar Bill, namely, the Constitution (Eighty-fourth Amendment) Bill, 1998 was introduced on 14th December 1998. The said Bill also lapsed on the dissolution of Twelfth Lok Sabha. Yet another attempt was made by introducing the Constitution (Eighty fifth Amendment) Bill, 1999 in Lok Sabha on 23rd December 1999. But this Bill also could not be pursued due to lack of consensus amongst the political parties. Reservation for Women in Lok Sabha/Assemblies — Current Initiative The Constitution (One Hundred and Eighth Amendment) Bill, 2008, popularly known as Women’s Reservation Bill, was introduced in the Rajya Sabha on 6 May 2008. The Bill aims at eliminating gender inequality and discrimination against women, by political empowerment of women, so as to fulfil people’s mandate of Women Empowerment Role of Women in Indian Polity

221

as envisaged in the National Common Minimum Programme of the Government and seeks: • Reservation for women, as nearly as may be, one-third seats of the present strength of the House of the People and the Legislative Assembly of every State; • To provide, as nearly as may be, one-third reservation for women including one-third the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assembly of every State to be reserved for women of that category; • To provide for reservation for women in respect of nominations of members of Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States; • To provide reservation for women in the Legislative Assembly of the National Capital Territory of Delhi; and • To provide that reservation of seats for women should cease to have effect on the expiration of a period of fifteen years from the enactment of the Bill. The Women’s Reservation Bill introduced in the Rajya Sabha has been referred to the Parliamentary Standing Committee on the Personnel, Law and Justice, headed by E.M. Sudarsana Natchiappan for examination. The 31 Member Committee has been seized of the matter and would submit its report, to both Houses of Parliament after making wider consultation on various issues involved in the Bill. Perceptions about the Reservation for Women The Bill has evoked mixed reactions across the political spectrum, both inside the House as well outside. While some political parties are unanimous that the Bill, which seeks to provide 33 per cent reservation for women in the Lok Sabha and the State legislatures, be passed in its present form at the first available opportunity, 12 others are demanding reservation to be fixed for the women belonging to backward sections of the society within this 33 per cent. Otherwise, they contend, benefit of this reservation is likely to be cornered by the women belonging to upper and well-off sections of our society.

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One party has stated that it is committed to the demand for the 33 per cent reservation for women. It has, moreover, favoured the Election Commission’s proposal for making it mandatory for parties to reserve 33 per cent seats for women. Most of the parties have pledged their support for the Bill provided there is consensus on it. Some parties while maintaining that they are not opposed to women’s reservation contend that the interests of women from Dalits, backward classes, Muslims and other religious minorities should be adequately protected. Others are of the view that if 33 per cent reservation for women is added to the already existing 22.5 per cent for scheduled castes and tribes, then more than 55 per cent of seats in Parliament would be reserved. This would not be fair to other sections of the population. However, they favour making it mandatory for political parties to give 10 percent of election tickets to women. They also argue that if inadequacy of representation is the issue, Muslim women also deserve this kind of benefit as there are only two women in the present Lok Sabha from this category. Reserving one-third seats in our legislatures would undoubtedly bestow special powers and privileges on the approximately 180 women who would make it to Parliament and many more to State legislatures on the strength of the reservation system. It would also create new aspirations among women at large. However, the larger question is whether it will actually “empower” ordinary women citizens. Has the presence of 500 plus male legislators in Parliament empowered the men of India? Have these MPs facilitated the growth of men’s freedom from abuse and harassment? Freedom from hunger and malnutrition? Do men feel secure and safe in today’s India? If most men in this country have not benefited from the preponderant presence of male parliamentarians, why should we naively believe that 180 women in Parliament will change the fate of women in India? Reservations: Pros and Cons Various arguments have been put forward the world over, for and against, the introduction of reservations as a means to increase the political presence of women. These are given as under: Pros • Reservations for women do not discriminate, but compensate for actual barriers that prevent women from their fair share of the political seats. Role of Women in Indian Polity

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• Reservations imply that there are several women together in a committee or assembly, thus minimizing the stress often experienced by the token women. • Women have the right as citizens to equal representation. • Women’s experience is needed in political life. • Men cannot represent the interest of women. Only many women can represent the diversity of women. • Election is about representation, not educational or other qualifications. • Women are just as qualified as men, but women’s qualifications are downgraded and minimized in a male-dominated political system. • Reservations do not discriminate against individual men. Rather reservation rules limit the tendency of political parties to nominate only men. For the voters, the opportunities are expanded, since it now becomes possible to vote for women candidates. • Introducing reservations may cause conflicts, but only temporarily. • Several internationally recognized conventions on gender equality have set targets for women’s political representation; including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which 179 countries are now party to, as well as the 1995 Beijing Platform for Action. • How can it be justified that men occupy more than 80 per cent of the parliamentary seats in the world? Cons • Reservations are against the principle of equal opportunity for all, since women are given preference. • Political representation should be a choice between ideas and party platforms, not between social categories. • Reservations are undemocratic, because voters should be able to decide who is elected. 224


• Reservations imply that politicians are elected because of their gender, not because of their qualifications, and that betterqualified candidates are pushed aside. • Many women do not want to get elected just because they are women. • Introducing reservations creates significant conflicts within the party organization. • Reservations for women will be followed by demands for reservations for other groups, which will result in a politics of sheer group-interest representation. • Reservations will only help elite groups (women) gain seats. Electoral gender reservation represents ‘the fast track’ to equal representation of women in contrast to ‘the incremental track’. It rejects the idea of incremental improvement in women’s representation. It is assumed that an increase in resources might not automatically lead to equal representation. Exclusion and discrimination are regarded as the core of the problem and the solution to which could very well be affirmative action. Reservations and other forms of active equality measures are thus a means towards equality of result. The argument is based on the experience that equality as a goal cannot be reached by formal equal treatment as a means. If barriers exist, it is argued, compensatory measures must be introduced as a means to reach equality of result. Research on women’s representation shows that women are often met with double standards. Women politicians are accused often of lacking knowledge and education but at the same time criticised for representing a small group of educated elite women; women politicians are often accused of being tokens of their clans, families and parties. The concept of tokenism or ‘proxy women’ is often used against women elected on the basis of reservation regulations. The argument is that reservation women are dependent on their husbands and families, political parties or an autocratic leader both before and after the elections. Therefore, opponents of reservation are of the view that main considerations are on the following points and the government should focus on long-term solutions rather than quick fixes like reservation bill: Role of Women in Indian Polity

225

• To identify the indicators and substantiate the existence of disparity and disadvantage women face in their political participation. • To highlight the causes and barriers that limit women’s political participation and its effect on women. • To examine the obligation of the State to ensure and facilitate the participation of women in politics and the initiatives taken by the State in terms of legislative actions, policies and programs and their effectiveness. • To identify the lacunae in the initiatives of the State and evolve strategies to enhance the involvement of women in all activities of the political processes. • To prioritise short and long term advocacy strategies and build coalitions and networks to monitor the State in fulfilling its obligation. It is important also to state the obvious: reservation provisions do not solve all problems for women in politics and that they may even create new ones. If there are prejudices in society, reservations or reservations do not themselves overcome this difficulty. However, it might make it possible for women to surmount some of the barriers that prevent access to certain opportunities. They could enable a ‘jump start’ where women have almost no representation at all. Implications of the Bill

Implications of the women reservation bill: • 33 % reservation in Lok Sabha and State Legislative Assemblies. • Women get preferential treatment in education and jobs. • More women participation in politics and society. • Reservation for women expected to create equal opportunity for both men and women. • Skewed sex ratios (1.06 males per female) may be checked as women get equal status in society. •

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omen might help curb/restrain the growth and spread of W corruption. Role of Women in Indian Polity

Statement of Prospects Women’s Reservation Bill, which promises 33% of Lok Sabha seats reserved for women, is put on hold. Although it was passed by Rajya Sabha, Lok Sabha is yet to table it. The bill, if passed, makes history in Indian politics and constitution. This bill certainly adds to empowering of women. The key benefits that can be reaped out of the bill are - women’s resistance to corruption, gender equality, equal employment opportunities for men and women, sensible and legal politics, sincerity and eventually transparency in implementing the policies. A berth in Lok Sabha is an impetus for women to voice their views and take up the gauntlet to bring a revolution in the country. Delegating power or an authority to a woman seemed astonishing to our governing bodies. Ironically, our country, our leaders and governing bodies in particular, are being ruled by Smt. Sonia Gandhi who is a woman. It is that woman who had been ranked 13th among world’s most powerful women by Forbes magazine. It’s a woman who is leading Indian National Congress as its president. Smt. Sonia Gandhi would be an epitome of women’s leadership qualities. She did umpteen things what a male leader couldn’t do. Smt. Mamta Banerjee is the next big name; she has managed to break the jinx of Communist Party in Bengal who has ruled there for more than half the century. She was the Railway minister of India and was working hard to improve the image of Indian railway. Smt. Mayawati who was the Chief Minister of Uttar Pradesh and president of the Bahujan Samaj Party is the most influential name in the Indian Politics. Smt. Pratibha Devisingh Patil was the first women President of India and was actively working for the upliftment of Indian women. The year 2009 witnessed the History written moments when Smt. Meira Kumar became the first Indian women to hold the office of the Lok Sabha Speaker. She is an ex-IFS officer and hails from the Bhojpuri land clearly indicating the women power in politics. Women could really do more than what they actually think they can. The real power within a woman is exuded by the first woman IPS Officer Kiran Bedi. The ability of a woman to break the barriers and tread on a new path was proved by her. People usually get carried by the myth that men can do far better than women. Indian women dispelled the myth by making their footprints in almost every field of work.


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Statement of Concerns Even after more than 50 years of democratic governance, it is distressing that the government and the policy makers are lulled into complacency, by not translating de jure rights to de facto rights, to effect changes in the society. History reveals that women have had no space in the political arena and even in the political parties as decision-making partners. Women’s role in the sphere of decision-making has so far been insignificant to have any kind of multiplier effect. Their numbers in formal decision-making bodies have not increased over the years. Statistical records show that there has been only a marginal increase in the last few decades in the number of women candidates fielded during the elections. The number of women parliamentarians has never exceeded 15 per cent of all seats. At the state level, their membership in the legislatures is abysmally low, lower than their numbers in the parliament, with the highest being 14.44 per cent in the state of Haryana. The political climate as it exists today continues to be male centred and is therefore perceived to be conducive to male participation. Women are not treated as a political entity in their own right. They have been treated by political parties and other power groups as a means to further their own interests and gains. This is evinced by the declining number of women candidates fielded during the elections, despite promises made by political parties in their manifestoes to provide reservation of seats for women. Across parties, the trend is to treat women as decorative pieces, relegated to women’s wings, with not much importance given to them in mainstream activities. Even the few women who are elected are sidelined and often allotted ‘soft portfolios’ such as, welfare, education etc. In both cases women lack access and control over apex bodies where decisions and policies are formulated. Women’s participation in political processes is impeded due to various social, economic, historical, geographical, political and cultural factors, thereby resulting in their minimal participation and even their exclusion. Illiteracy, women’s triple burden, patriarchal values, lack of access and control over income and other resources, restrictions to public spaces and insensitive legal systems continue to impair their effective political participation. This is compounded by the absence/inadequate 228


availability of infrastructural facilities and support services to facilitate their participation. There are no specific laws or policies so far, that can strengthen the grounds for political and economic empowerment of women. The Government has attempted to empower women politically through affirmative action by providing for one-third reservation for women in local bodies, to ensure their participation at the local and district levels of governance. While these initiatives have created the political space for women, they have not been able to guarantee a non- discriminative or conducive environment for women to participate. However, even this legislative intervention in higher political bodies i.e. State Assemblies and parliament is absent. Principle of reservation is to help the WEAK, so that the representation is not monopolized by the STRONG alone. It is an insult to use the system to favour the STRONG. Government is talking of supporting the weaker sections and in the name of helping the weaker sections, it is brazenly strengthening the powerful classes of the society at the cost of the dalits/OBCs/minorities. The mechanisms to facilitate and protect women in political participation are not in place, such as a strong supportive constituency particularly for women, increased awareness of their rights and responsibilities as elected members, training and information dissemination on governance processes, gender sensitisation of the male elected members, and so on. In the absence of these mechanisms, women would become subject to negative experiences like no-confidence motions moved against women presidents and at times coercion. In the process, women may experience a backlash, which may act as an overall deterrent to their future career prospects and re-entry into politics. The effectiveness of women’s participation continues to be evaluated against indicators that have been defined by men from a male dominant perspective that is non-gendered. While disadvantages continue to impede women’s participation, the disparities between the sexes get widened because of the manner in which women’s participation is perceived. For example, while the women’s agenda prioritises issues like health, education, safe drinking water, etc., which have long-term benefits and returns, the men’s agenda primarily comprises of issues related to Role of Women in Indian Polity

229

infrastructure that have immediate and tangible returns. Further, the resources that men give importance to are mostly financial in nature while women, because of their inability to mobilise financial resources often resort to human (women) resource mobilisation. Thus, while women may have participated in the political field their participation often remains invisible. This comes out clearly in the analysis of the available gender insensitive data on political participation of women. The 33 per cent reservation provided for women in the local self governing bodies have enabled several women, who had never been in power and even those illiterate, to enter politics. Historically Indian women, who have risen to power, have done so as a result of familial or other elite connections and rarely because of the voting decision or power of a female constituency. As such these women have typically been more accountable to those who helped them get into power, i.e. their families, caste, or political party connections rather than to their constituencies. Thirty three per cent as a number denies them their voting majority on issues of concern to women and leaves them without the power to make the changes expected of them. This would mean that even after an historic democratic experiment of such magnitude, a million women would not necessarily have the majority in any given decision making body to actually make a difference. They need to gain the confidence and capabilities for contesting elections to the local bodies against the unreserved categories, thus increasing their overall representation. However, at the levels of the higher political bodies, the absence of reservation of seats for women has led to an increase in their powerlessness due to their representation being very low. Finally, there is a legitimate concern that electoral reservations do not really have a long-term solution. An environment should be created wherein women choose to come into power bereft of their men’s support, but on their own right, on their own terms and in a position to build and sustain their constituencies. Need For Stronger Reservation Rules Whether a reservation system meets its objective depends largely on the process and method of implementation and enforcement. While reserved seats are by their nature enforceable, candidate reservations are often not enforced. If the method of implementation is not clearly defined 230


and enforceable, a candidate reservation requirement of 30, 40 or 50 per cent is not likely to be met. The reservation must be embedded in the selection and the nomination processes of political parties from the very beginning. Without specifications regarding the ranking of candidates on party lists, as well as sanctions for non-compliance, reservation provisions may be merely symbolic. Alternate Proposals Few alternate proposals have been suggested to address the concerns of women’s reservations without having 33% reservation for women in Lok Sabha and State Legislative Assemblies. These are enumerated as under: • To make it mandatory for every recognized political party to nominate women candidates for election in at least one-third of the constituencies. • To increase the strength of the Legislatures to the extent of one-third of the total number of existing seats and provides one-third (i.e. to increase seats by 33% and make reservation) seats to women. • To implement the proposal of the Election Commission of India (known as the Gill formula) to make it mandatory for the recognised political parties to ensure putting of minimum agreed percentage for women in State Assembly and Parliamentary elections so as to allow them to retain the recognition with the Election Commission as political parties. • To provide for adequate enabling measures for improving the conditions of the women socially, educationally and economically so that women stand up on their own with their intrinsic strength. Occupation of seats in legislatures must be earned by women not through a scheme of reservation but through a positive enabling environment alive with gender equality in terms of access and opportunities, distribution of resources and so on. • The Economic Times, in an editorial, suggested that given the lack of consensus on the issue of reservation for women in the Parliament, they should affect a tactical shift in their emphasis towards other areas of institutional life. They should, for one, put Role of Women in Indian Polity

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in place legislation mandating reservations for women on boards of companies. Norway, with its legally mandated 40 percent reservation for women on boards of its companies, could be a good example to follow. International Scenario More than 40 countries have introduced electoral reservations by amending the constitution or introducing different types of legislation. In more than 50 other countries, major political parties have voluntarily introduced reservations requiring women to comprise a certain percentage of the candidates they nominate for election. Because of reservations, countries like Argentina, Costa Rica, Mozambique, Rwanda and South Africa are now contending with the Nordic countries, nations which for many decades have topped the ranking in terms of women’s parliamentary representation. Most legal gender reservation systems were introduced only during the last decade. Different types of reservation are prominent in the world’s regions. In Latin America, the leading region in terms of reservations, constitutional or legal changes have opened up the way for gender reservations in politics. In the regions of Africa, the Balkans and South Asia many different types of reservation regimes have been introduced recently. In Western Europe reservation mainly come in the form of voluntary party reservations, but with France and Belgium as exceptions. In Eastern and Central Europe very few parties have passed reservation regulations and no legal gender reservation regulations for Parliament are in place. The legacy of reservations as ‘forced emancipation’ under communism strengthens the opponents of reservations in this region, even if this legacy partly rests on a myth. In the Arab world, reservations as reserved seats for various groups (religious, ethnic and clan) are well known, and very recently a number of countries have included ‘women’ as a group for whom certain seats should also be reserved. As a consequence of gender reservations, a dramatic change has taken place recently in the global ranking order of countries based on their level of female political representation. As a result of reservation provisions, Rwanda, Costa Rica, Argentina, Mozambique and South Africa are now placed very high in the world league of the Inter232


Parliamentary Union. The five Nordic states, Denmark, Finland, Iceland, Norway and Sweden, which for a long time were virtually alone at the top of the ranking table, are now being challenged. History seems to prove that the implementation of a reservation system is made easier in a new political system than in an older one, where most seats might be ‘occupied’. In general, it is less complicated to implement reservations for an appointed post than for an elected one. Also, gender reservations are easier to implement in proportional list systems than in plurality–majority systems, where each party only presents one candidate in each constituency. In post conflict societies, the international community today is putting strong pressure on the actors of reconstruction to take effective measures to include women. Thus gender reservations of 25-35 per cent being introduced in strongly patriarchal cultures where very few women were represented earlier, for example, in the post-conflict societies of Afghanistan and Iraq. Reservation provisions have also been introduced in the Balkans following strong pressure from the local women’s movements in alliance with the international community. Conclusion The inadequate representation of women in decision-making bodies is one of the major factors that have contributed to their low status. Political participation of women is essential to ensure that woman’s concerns and issues are integrated into mainstream decision-making processes. This would be a major step in facilitating women to exercise and enjoy their rights guaranteed in the Constitution, towards achieving substantive equality for women. The number of women in political decision-making bodies is abysmally low in both the Parliament and the State Legislatures. Lack of space for women in these political institutions and decision-making bodies has resulted in the perpetuation of inequalities and discrimination against women. The discriminative practices that persist in these institutions against those few women who were elected have the effect of impairing their effective functioning. Absence of affirmative action, lack of conducive environment in enabling the participation of women in state assemblies and parliament has the effect of nullifying the enjoyment and


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exercising the right to political participation and addition to impairing the enjoyment of socio- economic rights. The women reservation bill is guaranteeing 33% MP seats to ELITE women, which does NOT represent their constituency. It is completely against their party ideology of social justice. In fact, it is a BRAZEN Mockery of social justice as they are using a well known tool for empowerment of the marginalized people, reservation system, to actually strengthen the ruling class. It is not the women from ELITE classes who are in need of voice in the parliament. It is the women from dalit/OBC/minority background suffer the most injustice and discrimination. Having no sub-quota for these deserving women in the proposed bill actually defeats the very purpose of the bill. Concerns of ELITE women do NOT reflect the problems of the vast majority of Indian women. They are not victims of rape, dowry, honor killing, female infanticide, gender discrimination at job, sexual abuse, sexual harassment, domestic violence or fetching drinking water for the family etc. ELITE women are not going to be any better than our existing MPs in adding new perspective to legislations. The value they bring to the parliament is limited, compared to mandating sub-quotas for the marginalized. One cannot help feeling OPENLY ROBBED with utter disregard for the concerns of the poor and the downtrodden. Without doubt, this legislation is revolutionary, but without the sub-quota it is a Big Time Injustice to dalits and all oppressed women. Under the grab of gender based reservation, an attempt is being made to change the colour of our parliament to be mainly Upper Caste, educated and the powerful. The affirmative action adopted by the government of India providing for reservation of not less than one-third seats in local self governing bodies has facilitated more number of women to participate in the decision-making arena equally with men in these institutions. Further, these women are now in a position to access resources and utilise the powers vested in them as elected members. This is a significant step towards achieving the constitutional goal of equality. However, much more needs to be done to provide an enabling and conducive environment in the political institutions to enable women to participate effectively.

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The political domain continues to be perceived as best suited for men and therefore remains very male dominated. Today, the political environment is deeply entrenched with corruption and criminalisation. This situation needs to be changed as women have the potential to defuse and transform the mainstream political culture, by making it more transparent, accountable and participative. They can also positively contribute to the process of de-criminalising politics, which in turn would provide a conducive environment for their entry and effective participation in politics, thus facilitating the achievement of substantive equality for women. A holistic approach based on human rights of women and welfare of the public at large can therefore remove the existing inequalities and bring about gender equity in the political arena. The discrimination against women in relation to their rights as full citizens is not linear and is intersected with biological and social differences of caste and class identities. Therefore, discrimination through the patriarchal institutions and feudal systems needs to be examined. Though the Indian State has taken several measures, the intention of the State to ensure equality has not been addressed in terms of Substantive Equality. Subsequently, satisfactory elimination of discriminative practices with regard to women’s political participation has not been fulfilled. Through a substantive definition of equality has taken into account diversity, difference, disadvantage and discrimination and tries to specify those conditions needed to establish equal, effective and complete participation of women in political processes.

References Bhaskar, Roy, “Finally, women set to get 33% quota” The Times of India, 29 January 2008 “Don’t delay Women’s Bill any further, says DMK”, The Hindu, 19 June 2008. Global Gender Gap Report 2007, UNDP, World Economic Forum Mahanta, U The Political Empowerment of Minority Women through Panchayati Raj Institutions: A Critical Assessment of India’s Experiment with Affirmative Action Role of Women in Indian Polity

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Report of the Joint Committee of Parliament on the Constitution (Eighty-first Amendment) Bill, 1996 Sharma, Kalpana, ”Does reservation matter?”, The Hindu, 20 April 2008 Statistical Reports of Lok Sabha Elections, The Election Commission of India. Wingardh, Andrea, Talking about quotas – a comparative study of the discourse on quotas and female political representation in India and Rwanda, Spring 2012 Women’s Environment and Development Organization, “Women in Local Self Governance…In an Indian Context”, WEDO 2007 “Women’s Bill: What is the fuss about?” Rediff News, 24 August 2005 Women’s reservation bill in India collated by CEMCA Women’s reservation Bill — A Compendium posted by Samathain March 13, 2010 “Women urged to fight for quota”, The Hindu, 9 March 2008 Websites visited http://articles.timesofindia.indiatimes.com http://articles.economictimes.indiatimes.com http://eci.gov.in http://www.guardian.co.uk http://www.ipu.org http://www.idea.int http://www.oulookindia.com http://www.quotaproject.org http://rajyasabha.nic.in http://www.un.org http://www.washingtonpost.com http://www.wedo.org

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Chapter - 11

Power: The Realist Polity and Women

Dr. Amna Mirza*

As we begin to deliberate on the issue concerning Power, Realist Polity and women therein, it is essential to ponder over the basic meaning attached to these terms. The notion of power and its meaning as understood by the realist needs to be placed in relation to the women question. The scheme of the chapter id divided along three aspects, as it moves in an ascending maner debating the realist principles in part I, followed by a nuanced discussion on the nation of power, which leads to the larger debate of women within it, that shall be also be brought into light at tangential levels in previous two parts. The Realist Discourse The main ideas put forward by the doctrine of realism have been prevalent from time of Machiavelli to Hobbes to Morgenthau, sees Statism as the major plank of analysis, during time when Thucydides and Machiavelli were writing, polis was basic unit, and since Treaty of Westphalia in 1648, sovereign state is seen as the principal actor in international arena. The focus upon the ambit of conflict and competition in the arena of states forces the sovereign state to safeguard its own interest and survival. *L

The Melian Dialogue, as read from Thucydides History, tries to capture the debate between ideals and reality, i.e. arguments by Melians and Athenians. Later at time of the roman campier the Italian philosopher Machiavelli endeavors tc separate the domain of ethics and politics. It is not there is no importance of ethics, but the values propagated by ethics are not sufficient to be applied in the discipline of politics. Thomas Hobbes in his Magnus opus Leviathan arguing upon relation between individual and the state, puts forward a state of nature as war of every man against each other. The aftermath of the First World War, lead to skepticism, to the idea of harmony of interests, promoted by the idealists. The realist like E.H Car held that there is conflict of interest, as sum of aggregate of particular individuals, Hans Morgenthau in his book Politics Among Nations, puts forward, six principles of political realism, which are as follows:- 2 • P olitics is governed by objective laws that have their rots in human nature. • Interest is defined in terms of power. • I nterest defined as power is an objective category which is universally valid, but whose meaning can change. • U niversal moral principles cannot be applied to the actions of states in the abstract; the circumstances of time and place must be considered. • T he moral laws that govern the universe are distinct for the morals of any one nation. • T he difference between political realism and other schools is real and profound. Neo Realist thinkers like Kenneth Waltz gives a structural framework to the ideas prevalentinRealism.Usingconditionandconstraintofsocialscience of economics, he put forward the notion of anarchy as a structural condition and constraint of the international system. There is a distinction between “Domestic where hierarchy prevails ( in terms of presence of law and government) and “ International” where anarchy prevails (absence of law and order). If the domestic policy is conducted as per norms originating 238


from the law of the land, the international is devoid of it all. 3 The post second world war period gave primacy to central government induced development planning model, which drew its axioms from Keynesian and socialist ideas. There was a shift from Keynesian model towards free market economic policies. The period after second World War is cited as the Golden Age” and that following after it is termed as neo-liberal era. The current neo-liberal era draws its features from the philosophy of neo-liberalism which restricts the government intervention, encouraging free-market methods, technological advancements which have spurred increases in cross-border trade, investment, and migration manifold that it was presumed to mark the dawn of the new global era as Thomas Friedman has said that today globalization is “farther, faster, cheaper, and deeper.” Geography is under re-configuration, that the social, cultural economic space is no longer mapped in terms of territorial places, territorial distances, and territorial borders. Contemporary globalization has ked to major reconfiguration of social geography which has affected al social structures. State sovereignty gives exclusive jurisdiction to the State over its population & territory. This leads to inside/outside, unity/identity, self /other, one/many dichotomies. Modern political life cannot be divided according to ethics of absolute exclusion as spatiotemporal processes are radically at odds with it. Post modernism, in works of Michael Foucault and Jacques Derrida, debunked the idea of objectivity and universality about salience of state and territoriality in realist International Relations discourse. State does not have tangible reality; they are filtered through and interpretive process that distorts the actual experiences of world. It accepted fragmentation, discontinuity meta-narrative like Statist or realism, as ‘totalizing’. There are multiple realities lurking below this surface which needs to be brought fore by double reading of the textual reality and deconstructing the accepted stable conceptualization. Attempts to formulate a totalizing analysis of International discourse are rejected as incredulity towards meta-narratives.’ 4 Role of Women in Indian Polity

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The Return of Power In the discourse of Political science and theory the notion of power has been perceived as what Gallie would call, a contested concept! from its very connotation it has been seen as action oriented recalm pertaining to dominance as Hobbes perceived power in sense of drawianistic idea of ‘might is right’ where woman nature was ‘nasty, brute and short’ wever also perceives power in an instrumentalist and individualistic sense An exemplary were which adds to further deliberation on the nation of power id Steven Lukes. He revises the idea presented by American political scientist Robert Dahl that power is what A exercise over B when Affects B in a manner contrary to B’s intersects. Lukes Dubs Dahl’s idea as one dimensional and adds that the person with the power in a situation is the person who prevails in the decision making process, where agenda setting and the fact that people often act willingly in a way that is contrary to their interests 5 Michel Foucault gives an alternate explanation for power, an a force beyond sovereign acts of domination or coercion, but an as everyday phenomena where the multiplicity of force constitutes it own organization, which through many struggle form a system. 6 The feminist voices Feminism as a word mean political activism by women. It meaning has shifted with time and place, however, in all there is an implicit claim that exiting condition are unjust and need redrew by action of women. Questioning and rejecting patriarchy, rules and laws that lead to exclusion are certain common strands amongst the feminist ideas. Way back in the 15th century, when the movement in America and France, questioned monarchy, Slavery, right of Jews, the feminists in thin atmosphere asserted skepticism over the patriarchal privileges retained by men. The idea of emancipation of women and adorning exploitation is seen by different feminist by different lenses, example the liberal feminist want it by right and representation in government, the socialist feminist want it by balancing and redistributing economic resources, the difference feminist want to critically examine the theoretical axioms. 240


Until the 20th century, the first wave of feminism stood for reparation, voting right, education, which later ventured out in to other realer of sexual liberation and attempts were , made to redefine sexual empowerment. This second wave is also interpreted as an era of ‘women liberation’ which confronted the world attire of political turmoil in wake of Demands of cultural rights, dignity for black, Jews, amongst others. According to Gayle Rubin, the second wave had demand which were in “unlimited variety and monotonous similarity.” Feminist theory was now deemed of to be accountable of politics and make sense of women movements and situations. Thus feminism as a idea has come a long way. Way bake in 1920, when Virrgina Wolf wrote in “A Room of ones owns ” later on women movement was pejorative focusing on women political rights, followed by decade of 1960-70 when women organized revolves. However, in all the motley variance, there was one similarity that there can be n one best strategy for change. 7 Right from it beginning, the words feminist, “feminism” Red negative tremors signifying few political significant and active women.8 The there was an unwanted backlash as well that be perceived in “who in afraid of the feminist ?” essays by Mitchell and Oakley. Third wave of feminism attempt to situate women issue in differential setup, rather than in a dialogic way, though in a manner of still not owned by any one generation, which incites both activism and revolt, where the theorist –activist divide remains strong, and the past and present are meeting to chalk out the future contours. 9 The crossroads

Feminist underline how the biological difference of sen-make vs. female, has been made a social constraint and barrier codified a ‘gender’. The echo of exclusion can be read from susan moker okin’s idea where it is opined that by making family as past of Rawlins ‘original position,’ the former is made part of opaque claims of justice. 10 Contemporary gender structured family unjustly divides the benefit and liabilities in the family life amongst the husband and wives. “Power” is seen one of such critical social goods, where there exclusion of female voice at behest of domination by male voice the hobbesian social Role of Women in Indian Polity

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contract, where women were not consented to be part of the agreement, is dubbed as a “sexual contract. 10 Where the “ law of male sex-right” lead to male domination of women. 11 Thus, socially constructed sex/ gender distinction is influenced and affects the relation of power in society. The lacuna in is noticed in the liberal democratic theory where “public” realm is seen in a homogeneous manner. Further social delusion making power structure also prefer activities by defining certain jobs best fit for man and certain for women, E.g.. Household. It also ignores how people arrange themselves via the means of cultural symbols, imagery, habits, Stories. This often leads to concentration of power in few hands and a feminist discourse, as per iris Marion Young, calls for an inclusive participative framework which questions how pre given jobs were allocated. 12 A feminist perfective in a reality polity expands our view of the statist system. It brings into light the gendered differences in polity, society, economics, culture. It underlines the different nuanced nature of insecurities and anxieties faced by men and women. The realm of ‘state’ has indeed broadened, so has been with the paradigm of politics. Today, we look beyond the traditional dimensions and fort or- in the non- traditional parameters like globalization, terrorism, pandemics, civil society, human rights etc where the threat cuts across the borders which has no defined face. The realist polity gives emphasis to the state but ignore the individual. The understanding of human nature is inherently masculine, war – like, ‘macho’ whereas women, by their very instinct, are nurturers, peace lovers. A clear understanding of power call for understanding vexing question like who uses it ? who defines ? and when it was used. The ethos of power as enunciated in a male – controlled reality polity favors was, military might, muscular strength. A feminist view point would regard it as exclusionary and one – sided. Power need to be read in a constructive manner. An attempt needs to be made to undo the masculine bias, example our macro economic indicators like green national and domestic products, GNP – GDP ignore the significant country contributions made by women 242


us mothers, care – takers home makers in household, peace-bringers in military basis, etc. 13 Though women make half of population in every country, yet our everyday political debates, oriental ethos and cultural milieu is constrained by those who lack the consideration of women’s roles. Women are present in every strata of society, so their presence diction making becomes indispensable because politics is importing for decision making. 14 Activism could be voluntary or charity, therefore it is ambivalent however, when it comes to women in politics, it is about being an attempt to bring up a just world as mothers are close to nation, activism and the quest to be associated come out of dire serenities. 15. The very idea of ‘nurturing’ make women prefer peace over blood shed. The realist views neglect these aspects in its unidimensional perspective of powers When it comes to political power, the issue of quotes in legislatures and other representative bodies in the polity, touches upon the fundamental bodies in the polity, touches upon the fundamental principle of construction of women as a politically relevant category in political science. The gender balance is important for setting the political agenda fine and for legitimacy of political institutions in democratize sense. The baying conference 1995 also undelivered how unequal representation leads to unequal power relations. There can be two ways :1. Fast track quotes to fill the Vacuum, and 2. I ncremental this goes beyond representation and checks sound economic status of women by docking into unequal resources between man and woman 16 Further, when we look into economic power, through woman form nearly 40% part of workforce, yet there exists wage differences between man & woman. Today, feminist upfront difficult choices for nature of their engagement with the state, scholars have moved beyond seeing women as victims in need of rescue but as actors in struggle and development 17 Globalization is also affecting the feminist discourse because of multi-dimensionality Globalization is a dynamic landscape of the local, different maintop are attaches to different local settings 18 Role of Women in Indian Polity

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Uneven capitalist development and restructuring of national economics are certain processes which have been carried out without an idea of its impact on household. With the rise of transnational corporation in international political economy, its emphasis on uniform work conditions cast a shadow on differential urgent of human nature and abolition. The focus on what has been excluded it the post modern global times need to be put in manners – what should be included via – avis vantage point of double responsibility of women at household and at work. Further, there are reversal women in positions “less visible state and non-state power”, therefore power needs to be seen beyond the systemic and statist realm 19 Conclusion The rise of feminist question in the political discourse has disturbed the status –quo in nation of power as domination. It unearths the hidden substance in the idea of sovereign state in a reality polity. It cuts through the basic understanding and puts forward a new perspective by overcoming the lacunae of the erstwhile conceptualization. When we deliberate excelwinery power vis-à-vis the women in a realist 12 Polity, new actors come forward namely women in its multidimensionality, which was hitherto not observed or seen yet neglected deliberately. An attempt is made to put forward the vision of politics which is Indus notary, economics which is unbiased and a society which is formulated on justice and equality. Though these feminist ideals are noble, yet their achievement may not be in a quick-fix or visible in short terms. It requires constant struggle, persistence for reform, quest for restriction to attempt to strive for a society where biological differences are not translated into unequal political, economics, social and cultural existences.

References 1. Steven Lukes, “Power A Radical View”, Macmillan, 1974. 2. Michel Foucault, “The History of sexuality: The will to Knowledge, “London: Penguin, 1998. 244


3. Margaret Walters, “Feminism: A very short introduction, “oxford university pres: New York, 2005 4.Estelle freedman, “The Essential Feminist Reader”, modern Library 5. New York, First edition, 2007. 6. Stacy gills and Gillian Howie, “Third Wave Feminism: Expanded”, second edition, Palgrave Macmilan: New York, 2007. 7. Susan Moller Okin, “Political Liberalism, Justice and Gender”, Journal: ETHICS, Vol. 105, No. 1, Oct 1994, pp. 23., pp. 23-43. 8. Carole Pateman, “The Sexual Contract”, Standford: ``Standford University Press, 1988 9. Iris Marion Young,” Justice and Politics of Difference”, Princeton, New Jersey: Princeton University Pres, 1990, PP12-16 10. Jacqui True.” Feminism,” in Theories of International Relations,” eds. Scott Bur hill & Andrew Linklatoe, New York: St. Martin’s Press, 1996 11. Pamela Marie Paxton and Melanie .M. Hagen, Women, politics and power : A Global perspective, California : pine forge press, 2007, pp 3-5. 12. Jennifer Baumgartner, “Grassroots : A Field Guide to feminist Activism”, New York : FSG Books, 2005, pp 7-10. 13. Drude Dahlerup, “Women Quotas and Politics”, New York : Routeledge,, 2006, pp. 5-9. 14. Shirin M. Rai, “The Gender Politics of Development,” New Delhi: Zubaan Books, 2008. 15. Tine Davids, Van Francien Driel,” The Gender Question in Globalization”, Hnats, UK : Ashgate, 2005. 16. V.Spike Peterson, “Women and gender in Power/ Politics, Nationalism and Revolution”, The journal of Politics, Vol.58No.3, August 1996, pp.872,pp870-878


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Chapter - 12

Political Participation of Women in India and Challenges to Women Leadership : Sociological and Political Perspective Dr. Meghna Sharma*

“Gender equality is more than a goal in itself. It is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance.” ----------Kofi Annan, Un Secretary General Politics has always remained the men’s domain. Jean Jacques Rosseau, whose ideas inspired the French revolution, advocated women’s exclusion from politics in 1762. American declaration of independence also denied right of equal participation of women in politics. After one century, thinkers like J. S. Mill advocated gender-equality in every field including politics. In 1869 he observed “that the principle which regulates the existing social relations between the two sexes-the legal subordination of one sex to the other-is wrong in itself, and is now one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of prefect equality, admitting no power or privilege on the one side, nor disability on the other.”

*Assistant Professor (History), Maharaja Ganga Singh University, Bikaner, Rajasthan

Indian women were gifted with equal right to vote and contest immediately after independence (Article 326). But consti8tutional provisions of universal suffrage could neither change their status or mindset and attitude of men-dominated society. In post World War-II, the sensitivity about equality of sexes gained ground. The U.N. Charter and Universal Declaration of Human Rights highlighted equality between men and women. But women are still marginalized in political field and are victims of masculine prejudices towards their participation in politics. In addition to role conflict, women often find themselves isolated and marginalized in unfriendly male-dominated political atmosphere. Domestic responsibilities, lack of financial clout, rising criminalization of politics and the threat of character assassination are making it increasingly difficult for women to be part of the political framework. Julie Ballington, Gender-Project Manager at the Stockholm based institute for democracy and electoral assistance says, there are many obstacles that continue to hinder women’s advancement to parliament. The obstacles include factors such as the strength of the women’s movement, patriarchy, discrimination, illiteracy and poverty and a host of other socio-economic problems that have a direct impact on women. However, the key obstacle is the nature of the party political system and the commitment of political parties to gender equality. Women’s Political Participation and Struggle for Political Identity: Present Challenges ‘Participation’ has been defined in different ways by different people. Political participation also indicates the involvement of the people in the decision-making process of the government. Women’s struggle for political identity is closely linked with the atrocities being committed against them, because this dissuades them not only from taking an active part in politics but also in discharging their duties amicably. Initiating women’s struggle for political identity Ms. Carole Wagner Villainous, former Director of the League of Women Voters in the USA, welcome the proposals of Indian initiative of 33% reservation for women in the parliament and state legislatures. She says “if politics Role of Women in Indian Polity

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is the art of compromise, it follows that women make for more effective leaders. This would ensure the presence of the fair sex in governance and their influence on the decision making process would nevertheless depend largely on their ability to assert themselves. Women make better politicians because they are conscientious builders of consensus and compromise. And politics is nothing but the art of compromise.” Some major arguments against women appear to be fallacious such as “men are intellectually superior”, “men are emotionally stronger and stable than women”, “men are inherently more assertive and effective than women”, “men can achieve much more than women” etc. Women education was by and large ignored. They were excluded from public gatherings on in any intellectual deliberations, the result was that most of the women remained illiterate and unlettered; by and large women remained in status as inferior, unequal, submissive and ignorant beings. They were denied to access to learning. Women in modern India entered the politically process in the early decades of the 20th century, through their massive participation in the freedom struggle under the charismatic leadership of mahatma Gandhi. Way back in 1917, Mahatma Gandhi had said— “Woman is the companion f man gifted with equal mental capacities. She has the right to participate in the minutest details of the activities of man, and she has the same right to freedom and liberty as he has.” Women Reservation and Political Representation The members of international union of local authorities (IULA), representing local government world-wide, firmly believe that : “Democratic local self-government has a critical role to play in securing social, economic and political justice for all citizens of every community in the world and that all members of society, women and men as citizens have equal human rights, duties and opportunities to exercise them. The right to vote, to be eligible for election and to hold public office at all levels is human rights that apply equally to women and men.” Empowerment of women is essentially the process of upliftment of economic, social and political status of women, the traditionally underprivileged ones, in the society. It is the process of guarding 248


them against all forma of violence. Kofe annan takes violence against women as the most shameful of human rights violation. To him, “violence against women takes various forms such as : domestic violence, rape, trafficking in women, forced prostitution and violence in armed conflict (such as murder, systematic rape, sexual slavery and forced pregnancy) and honour killings, dowry related violence, female infanticide and parental sex selection in favour of male” babies, female genital mutiliation and other harmful practices and traditions. Women empowerment involves the building up of a society, a political environment, wherein women can breathe without the fear of oppression, exploitation, apprehension, discrimination and the general feeling of persecution which goes with being a woman in a traditionally male dominated structure. The 73rd and 74th amendments (1993) to the Indian constitution have served as a major breakthrough towards ensuring women’s equal access and increased participation in political power structures. These amendments provides for reservation of 33% of elected seats for women at different levels of local governance in both rural and urban areas. Reservation alone cannot deliver the goods. Although it has opened the gate for women’s movement to flood the rural side with the potentialities and political contribution of women, there is a need of much intervention by way of action and other inputs. Reservation provides women to grow and occupy top positions in the world and play a prominent role in decision making. Reservation is not the solution to womenm related issues and problems; it is just one of the many solutions. Reservation provides social justice to the most marginalized and underprivileged section.Reservation is a tool to meet narrow political ends. Allocating quotas is a form of discrimination which is contrary to the right to equality. Placing greater emphasis upon gender discrimination, human development report (1997), prepared by the UNDP maintains that the degree of gender discrimination does in fact have a significantly negative bearing upon the extent of human poverty. The reportcalculates Gender Development Index (GDI) based upon: (a) Female life expectancy Role of Women in Indian Polity

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(b) Female adult literacy and gross enrolment ratio (c) Female per capita income. Gender inequality is strongly associated with human poverty. The four countries ranking lowest in the GDI-Sierra Leone, Niger, Burkina Faso, and Mali-also rank lowest in the human poverty index (HPI). The women members in decision making bodies perform a double role as representative of the oppressed section of the society that is women. Many important laws regarding women are a result of women’s pressures and demands inside and outside the house. There are many instances in Karnataka, rajasthan, Haryana and other states where women have fought bravely against corruption, alcoholisms and other social evils and have worked for the development of the community. This does not mean that women have smooth entries in this male dominated society. Women Leadership : Sociological and Political Perspective Leadership is about ascertaining a method for people to contribute so that it can result in a significant achievement. It is a process that enables a person to influence others to achieve a goal and directs an organization to become rational and consistent leaders carry out these processes by leveraging their leadership traits such as value, ethics and knowledge. Power operates as a social structure, made-up of numerous practices that maintain a cultural system of dominance. A women leader stimulates a different reaction than a male leader because of learned expectations, shaped and supported by the surrounding social structure, that invalidate and undercut women’s attempts to be effective, influential, powerful. Researchers have long found that people think ‘male’ when they think “leader”, and this result transcends many cultural differences. Because of perceived incompatibility between the requirements of feminity and those of leadership, women are often required to ‘soften’ their leadership styles to gain the approval of their constituents. Women who do not temper their agency and competence with warmth and exercising power, women who lead with an autocratic style, are the targets of more disapproval than those who enact a more democratic style; men may choose the autocratic style with relative impunity, it they are effective leaders. When women demonstrate competent leadership within an explicitly masculine arena-something that 250


often requires the application of a ‘harder’ leadership style, they are disliked and disparaged. Studies have shown that women bring a special brand of leadership to organizations-one that translates into superior financial performance and long term, sustainability. An ideal principal in a democratic political system is the right of every citizen, woman and man, to participate on equal terms in the political decision-making process of her or his country. The apparent contradiction between an ideal democracy, which seeks to ensure equality of opportunity on one hand, and the essential competitiveness it spawns, tend to marginalize a less powerful group such as women. Furthermore, what is important is how the women who the system propels into the political limelight fare as politicians. One critical feature that marks the success of leadership among individual women is not merely their entry into the public sphere of politics, but the length of time they have there to make their presence felt. The Indian constitution guarantees ‘equality between the sexes.” While gender equality was continued to be a rallying cry for feminists in India, starting in the mid-1970’s women’s movements began to take shape based particular aspects of gender discrimination through well-organized extremely effective social movements. Economic independence began to be seen only as best as a partial means to gaining control over women’s own lives. Consequently, women began to agitate for a series of other rights as well. Moulded into shape as icons of culture by the dominant males, often used as symbols of docile dependency without a voice of their own, how would women enter the political arena of the public space? Deep-rooted myths about woman, the ‘female’and the ‘feminine’ have not allowed her to lead an authentically free life. When the history of India’s fight for independence comes to be written, the sacrifice made by the women of India will occupy the foremost place-mahatma Gandhi and Jawaharlal Nehru had remarked, when most of the men-folk were in prison then a remarkable thing happened. Our women came forward and took charge of the struggle. Women had always been there of course but now there was an avalanche of them, which took not only the british government but their own men folk by surprise. Role of Women in Indian Polity

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There are many obstacles to assimilation of women in the process of decision-making operating at different levels. The crucial problem is that women find themselves being judged and judging themselves by two standards. One standard is that of femininty; in the private world, she is regarded as nurturer, passive, emotional, home oriented and subordinate to man. The other standard is that of her modern role : the public world expects women to be rational, active, achievement oriented, ambitious and competitive. This private-public split has a marginalizing effect on women. In such a situation, they have two opinions to follow the rules of the game of politics and be called ‘unfeminine’ or act in politics guided by the standard of femininity and be Changing Status of Women in India : Measures for Progress, Women Empowerment The discrepancy in the ideology and practice of the empowerment policy of women in India constitutes its continued social, economic political backwardness. Empowerment would become more relevant if women are educated, better informed and can take rational decisions. It is also necessary to sensitize the other sex towards women. To secure women’s rightful place in society and enable them to decide their own destiny and for the growth of genuine and sustainable democracy, women’s participation in politics is essential. This will not only uplift their personality but will open the way for their social and economic empowerment. Their participation in public life will solve many problems of society. Gandhiji had written in 1929 : “Women is the embodiment of sacrifice and suffering and her advent to public life should, therefore, result in purifying it, in restraining unbridled ambition and accumulation of property.” The claim that increasing the numbers of women in legislative bodies through women reservation will bring qualitative change or that descriptive representation will automatically lead to substantive representation does not hold true. It all depends upon the existence of underlying differences in the values and attitudes of the groups concerned. The visible participation of more and more women in the decision making and managerial level, are definitely important for more than one reason, but it will have any meaning for women, if such participation 252


is effective. To achieve this goal, some affirmative measures need to be introduced. Political education is the first step. There will have to be two target groups, where women have already entered the Panchayati Raj institutions politically educated and informed. For general women it would mean mobilizing them for voting in the elections, standing for election and even campaign and questioning the candidates both male and female. Information on issues such as current political development and trends, legislation, policies and plans is the basic step. Formation of resource centers with full time social activities could help by emerging as forums for information’s, dissemination, discussions, reading materials and even counseling services. Another measure is creating a special fund or efforts for raising resources to help women for fighting elections. Continuous emphasis on education leading to functional education should be vigorously implemented. The courses of studies and the textbooks should inculcate values of gender equality, self respect, courage, independence, etc. which would help develop the personalities of women and help them in effectively participating in the political process. Modules can be included in existing non-formal educational programmes for this purpose. Massive legal awareness programmes need to be launched for laws in themselves are inadequate until women are aware of them and implement them to their advantage. They should realize that they are legally at par with men. The need of the hour is for a collective voice that could influence and drive the women to take up issues, directly relevant to them the 4th world conference on women in Beijing held in 1995 clearly delineated the need for a “collective voice” to the issues gendering governance. All women members of the executive and other political bodies from grassroots to national level must be trained and empowered to exercise their authority in an effective manner. Gender sensitization of enforcement mechanism, judiciary and central and state ministers are to be a priority and need to be matched with resources. Capacity building programmes for elected women in local selfgovernments assumes great importance. No doubt, such programmes Role of Women in Indian Polity

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are conducted now and then by state governments, NGO’s and some academic institutions. A major step needed to facilitate women’s effective participation both in formal and informal political processes is the provision of support services. Unless arrangements are made for child care and other domestic responsibilities, substantive and sustained participation of women in the public sphere is impossible without the integration of men in the private sphere. The use of the growing power of the information and communication technology to help create an environment for openness, transparency, networking, sharing, training, education, awareness and collaboration by establishing various portals in all major Indian languages at national, state and district level will help women representatives connect with people in a more better way. A systematized strategy of transformation is to be taken up at the activist stage with quality media coverage for women. In order to project women’s struggles and issues, it is necessary to develop an alternate media system that could potray women’s struggles and experiences, help generate values which encourage gender equality and justice and build up a positive image of women participating in public life. The political parties reflect the established values of a male dominated society, which would be difficult to alter without certain structural changes in the parties. As a minority, they have to differ substantially from male members on many core attitudes and values, especially on issues concerning women’s interest. In generating a participatory political system, the role of voluntary organizations or non-governmental organizations is very crucial. They can organize legal literacy programmes and study circles for political education as well as develop participatory methods of working, and thus serve as a practical training center for effective political participation by women. The most significant change needed is in the perception of women itself for them to play an effective role in politics. For a woman to be successful in her field she has to raise her consciousness, shape her own world view and form an association with other people whose 254


consciousness is also being awakened. Personal factor play a key role in making a leader effective or ineffective. Once Gandhiji had also said that to call woman the weaker sex is a libel; it is man’s injustice to women. If by strength is meant moral power then woman is immeasurably man’s superior. Has she not greater intuition, is she not more self-sacrificing? Has she not greater power of endurance, has she not greater courage? Without her man would not be.” “Uncompromising in the matter of women’s rights,” Mahatma Gandhi was of the opinion that swaraj would be meaningless without the upliftment of women and that “woman has as much right to shape her own destiny as man has to shape his…” One the one hand, we have women prime minister, women governors, women chief ministers, and women speakers, women are very well represented in local government institutions, on the other hand self sacrificing women dancing to the whims and fancies of man, poverty stricken women relegated to lifelong drudgery, unaware of their constitutional rights, they are still ‘anonymous nothings’ lacking a sense of self worth-burnt alive tortured and torched-it’s their condition that needs to be improved. Let me conclude by quoting Nehru “for out of the women comes the new generations and it is from their lips and from their laps that it begins to learn.”

References G. Palanithurai, “Women in Governance for Development at Grassroots’, Indian Journal of Public Administration, Vol. 1. No. 1, January-March, 2004 International IDEA Sweden. Times of India, February, 1998 Sri Lanka : Women, Political Empowerment and Concerns, Daily Mirror, http:// www.peacewomen.org/news/southasia/sept08/srilankapolitical.html published on September 4, 2008


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Annual Report, Ministry of Rural Development, GOI, New Delhi, 2001-02. Human Development Report, 2001, U.N.D.P. Forum for Democratic Reforms (2000)-Enhancing Women’s Representations in Legislatures, Manushi, no. 116, January-February. Niroj Sinha, 2000, “Women in Indian Politics”, Gyan Publishing House. Narayanan. K.R, Human Rights and Empowerment of Women, Justice Sunanda Bhandari Memorial Lecture Mainstream Dec. 21, 2002 Jena, K.C, Violence against Women : A Human Right Violation, The Cuttack Law Times, Vol. 96 (2003) 73rd Constitution Amendment Act 1992. Gandhi, M.K, Young India, 17th October 1929 Gandhi, M.K,, Constructive Programme, 1945, , quoted in M. K. Gandhi, The Role of Women, Bombay. Nehru, J.L, An Autobiography, London, 1941. Nehru, J.L, The Discovery of India, New Delhi, 1964. Nehru, J.L, Jawaharlal Nehru’s Speeches, Vol.4, New Delhi, 1964.

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