WOMEN RIGHTS & EMPOWERMENT

Do you know which is the most feared F-word? 'FEMINISM'.

Let me start with defining the term using Oxford dictionary, which reads, ‘advocacy of women’s rights on the basis of the equality of the sexes’. On further simplification, it means equal opportunities to women with special focus in economic sphere, and which is largely being implemented on the national and global level by promoting equity.??

The month of March is annually celebrated as ‘Women’s History Month’ along with the day of 8th March being celebrated as ‘International Women’s Day’. The theme for the year 2024 by UN Women is, “Invest in Women – Accelerate Progress”. The purpose is to tackle economic disempowerment and disparity and striving towards gender equality by 2030. It is important to highlight the significance of the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), 1979 in consonance with which, the world is definitely taking steps forward.

The purpose behind making this video is to create awareness in: one, safety and survival tips; two, the need for gender equality and women empowerment; three, comparative analysis between India and the UK & the EU w.r.t. gender inequality and redressal measures taken; lastly, personal take on efficient solutions to the grave issue.

INTRODUCTION

Before I venture into the economic aspect of gender inequality, let me first tell you a universal fact. Every woman you know has feared for her life and dignity, at one occasion or more. In light of the same, I will present two signs/gestures formulated at the global platform to ask for help without overtly asking for help when one feels unsafe/vulnerable/threatened is a situation:

1)? Signal for Help: this was developed in Canada during the first phase of Covid-19 in 2020 to tackle domestic violence due to global lockdown, which has now gained popularity and acceptance by the UN and spread over the world as a sign to inform and convey of an unsafe situation online (or in-person) without leaving a digital or physical trace. I urge every person to understand this signal carefully designed to ask for help if required, or be in a position to help someone. (find signal at: https://en.wikipedia.org/wiki/Signal_for_Help)

2)? Ask For ‘Angela’ or ‘Angela Shots’: this was developed as a campaign in the UK and is now being largely accepted as the sign to ask for help in bars, clubs or pubs, etc. The staff is usually trained to ensure safe passage of the person by providing security, alerting the police or booking a cab. I urge the hospitality industry worldwide to train their staff to understand such discreet language and provide safe transit.

3)???? Zero FIR: on a slightly different note, in India, since 2013, the provision of First Information Report has been extended to victims (and/or informants) of cognisable crimes (especially sexual violence), to lodge an FIR in any police station, irrespective of the jurisdiction of place of offense. This ensures immediate action and provides protection to the victim/informant. Therefore, please be aware of the fact that no police officer can refuse to register an FIR citing jurisdictional issue.

WHY GENDER EQUALITY AND WOMEN EMPOWERMENT?

Let me tell you a recent story: I am currently in London where I am pursuing my Masters in Law. A couple of months back, we attended a social gathering exclusively for the women students and alumni of the University, namely, ‘Women’s Café’. The gathering was simply about celebrating women and exchanging our stories with diverse women from all around the globe. Once we were having the food and the cake and taking pictures, what struck me was the fact that we were given clear instructions to not post the same anywhere owing to safety issues for some women; in an event wherein Men were not discussed even once, let alone bashed. Question is: What fear? Fear of freedom. Fear of choice.

Women Empowerment is the progression of women, and including them in decision-making process, which is inclusive of equal opportunities for growth and development, i.e., economic growth. Economic empowerment of women is crucial to achieving women’s rights, gender equality and economic justice. It is rightly said that when more women work, economies grow and diversify. An equality in income is the foundation of an inclusive and sustainable economic growth.

Ensuring equality of women in the workforces mandates taking affirmative action in the most fundamental areas. The purpose is to bring them at par with men, to undo the impact of centuries of suppression and to fully avail the opportunities presented. The key areas of consideration and redressal include, access to social protection, maternity rights, menstrual hygiene management, access to justice, safe working environment and transportation, skill-training, access to finance and resources, and such amenities at home, school and workplace amongst others.

History has witnessed subjugation of women worldwide since ages. Women were reduced to the vicinity of the house, with the role of the nurturer, child-bearers and family caregivers. The modern world, i.e., 1800s and beyond, saw the women uprising against the oppression and claiming back their rights to being treated equal to men. The contemporary world is definitely seeing a leap, but it is not enough. No country can develop when half of its population remain uneducated and unemployed. Because every country has its historical struggle interwoven with its culture and traditions, it is important to keep the same in regard to assess the growth and evolution in real terms, and therefore comparisons must be made carefully.?

COMPARATIVE ANALYSIS OF GENDER EQUALITY: INDIA V. THE UK & THE EU

It was in 1848 that the first school for girls in India was instituted by Savitribai Phule. However, even after almost two centuries later, the literacy rate in India requires elevation. India is one of the nations wherein the State has taken robust reformative measures to bring women at par with the men. It is noteworthy that India is one of the very few nations wherein positive affirmative rights for women have been enshrined as Fundamental Rights, apart from granting various other Constitutional and legal affirmative rights (i.e., positive discrimination) to women. The same are well supplemented by judicial intervention to give women equal status and dignity in all aspects of life, including, social, economic and political, and personal autonomy. It is pertinent to mention that as a developing nation, India has taken big strides towards bridging the gender gap. Yet, it is still a long way home.

In the landmark judgement of X v. Principal Secretary, Health and Family Welfare Department, (2022) 2022 SCC OnLine SC 1321, the Supreme Court of India highlighted the significance of reproductive health and access to safe and legal abortion while holding that, one, that every pregnant person has a right to reproductive decisional autonomy, and two, that an adult woman (married or unmarried or cisgender) has the sole freedom to choose abortion and continuation of pregnancy.

On the other hand, in early March, the world welcomed with open arms the news of France becoming the world’s first country to enshrine the right of women to abortion as a constitutional right. European nations have made significant progress in gender equality through legislations, gender mainstreaming and specific measures. It is encouraging to see higher number of women in the labour market and securing education. However, women are still marginally over-represented in unorganised and low-paid sectors and under-represented in decision-making positions. Though Gender Inequality has seen most exponential closure in Europe, it is still not an absolute.

A poignant distinction between India and the UK pertaining to combating gender discrimination is, while the former prescribes laws for ‘positive discrimination’ in favour of women, the latter proscribes it. Instead, the UK laws allow ‘voluntary positive action’ towards bridging the gender gap in all the spheres by enacting laws and policies. The difference between these two concepts can be explained through the following example –?

·?????? India: laws and policies are specifically designed to bring women at par with men, with the most exemplary action being reservation in educational institutions and jobs. For instance, if a college has 100 seats, 30 can be reserved for women candidates only. Even if there are more qualified male applicants, equal or even less -qualified female candidates must be given those seats and thus the opportunity to grow.

·?????? UK: organisations and companies may choose to take actions to help women on discretion, but the same is not mandated by law. For instance, if a company observes underrepresentation of women employees, it may choose to fill a vacancy with a female candidate over a male candidate of equal (and definitely no less) qualification. An organisation or company will be held liable or face penalty if it appears that a less-qualified female candidate has been prioritised over a relatively more-qualified male candidate for a position.

?A)?? Statistics

India

1.????Literacy: 65.8%

2.????Wage Gap: 24.81%

3.????Economic Participation: 36.7%

4.????Access to financial institutions: 74%

5.????Labour-force Participation: 61.4%

6.??? Political Representation: 25.3%

7.????Gender Inequality (Overall): 64.3%

*Data collated from multiple sources, including World Inequality Report, 2022 and the Women & Men Report, 2022 of the Ministry of Statistics & Program Implementation (Govt. of India).

The UK?????????????????????????????????????????????????????????????????????????????????????

1.???? Wage Disparity: 14.8%

2.???? Economic Participation & Opportunity: 72.1%

3.???? Political Empowerment & Participation: 34%

4.???? Gender Equality (Overall): 78%

*Data collected from the portal(s) of the Office for National Statistics, 2023, UK.

The EU

1.??? Wage Disparity: 12.7%

2.???? Educational Attainment: 63.6%

3.???? Economic Participation: 73.8%

4.???? Money (Financial Resources & Economic Situation): 82.6%

5.???? Political Empowerment & Participation: 32.3%

6.???? Power (Economic & Social): 59.1%

7.???? Gender Equality (Overall): 70.2%

*Data published on the EU Commission Statistics, 2024 and Gender Equality Index, 2023 of the European Institute for Gender Equality.

B)??? Laws

India

1.??? Art. 15 of the Constitution: Prohibits discrimination on the basis of sex and empowers the State to make special provision in favour of women and children (i.e., take affirmative actions to establish equity).

2.???? Art. 16 r/w. Art. 39a of the Constitution: Non-discrimination on the basis of sex in terms of equality in opportunity in matters of employment. Further, allows the State to provide for equal rights to adequate means of livelihood.

3.???? Art. 39(d) of the Constitution r/w. Equal Remuneration Act, 1976: Prescribes right to equal pay for equal work and the elimination of wage disparity.

4.???? Art. 42 of the Constitution r/w. Maternity Benefits Act, 1961: To ensure just and humane conditions of work with the vision of health and well-being of women in the workforce. Regulation of employment of women in certain establishments for periods before and after child-birth and to provide for maternity and related benefits.

5.???? Art. 39A of the Constitution r/w. Section 12(c) of the Legal Services Authority Act, 1987: Entitles right to free legal aid to all women irrespective of her income or financial status.

6.???? Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 r/w. Unorganised Workers Social Security Act, 2008: Legislations to ensure right of women to safe work environment and against workplace harassment (with view to encourage economic participation).

7.???? Medical Termination of Pregnancy Act, 1971: Right to terminate pregnancy and legalisation of abortion.

8.???? Right of Children to Free & Compulsory Education Act, 2009: Educational empowerment of all children till the age of 14 years.

9.???? Art. 300A of the Constitution r/w. Married Women’s Property Act, 1874: Women’s right to property along with right of married woman to a separate and sole right to her property, including the absolute right of a married woman to her stridhan.

10.? Factories Act, 1948 r/w. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996: Welfare measures of women workers, including, establishment of canteens, restrooms and clean sanitation, first aid, creches, etc. within premises.

11.? ? Women’s Reservation Act, 2023 r/w. Art(s). 243D(3), 243D(4), 243T(3) and 243T(4)? of the Constitution (w.r.t. 73rd, 74th and 106th Amendment Acts): Reservation of one-third of all seats for women in the Parliament and State Legislative Assemblies along with in the local bodies.

The UK

1.???? Equality Act, 2010: An umbrella Act replacing multiple individual laws towards women equality outlining nine protected characteristics as grounds upon which discrimination is against the law, including, sex, maternity and pregnancy, in personal and institutional spheres. A novel feature of the legislation is unenforceability of pay secrecy clauses.

The Act allows for positive action in recruitment and promotion. Positive action means that it is not unlawful to recruit or promote a candidate who is of equal merit to another candidate, if the employer reasonably thinks that the candidate? has a protected characteristic that is underrepresented in the workforce, and that people with the said characteristic suffer a disadvantage connected to the characteristic.

2.???? Equal Pay Act, 1970: Right to be treated equally in terms of pay in comparison to a member of the opposite sex.?

C)?? Policies & Roadmaps

India

1.???? Beti Bachao Beti Padhao Yojana, 2015: Campaign aiming at elimination of gender discrimination and empowerment of women through protection and education of the girl child.

2.???? Digital Laado (‘giving digital wings to daughters’); Empowers women to learn on digital platforms, a nationwide initiative for WfH skills training.

3.???? Working Women Hostel, 1972: To promote safe and convenient accommodation for working women of marginal income with special focus on women from disadvantaged societies.

4.???? Mahila Shakti Kendras (MSK Scheme), 2017: Envisaged to provide community engagement and an interface for rural women to approach the government for availing their entitlements and for empowering them through training and capacity-building. Established at block and district levels.

5.???? Mahila-e-Haat, 2016: With the aim to facilitate online entrepreneurship opportunities for women and establish their venture, it is an online marketing platform leveraging technology for supporting women entrepreneurs/SHGs/NGOs for showcasing the products and/or services made or manufactured or undertaken by them.

Non-Governmental Organisations

6.???? Self-Employed Women’s Association (SEWA), 1972: Self-help trade union that promotes lives of low-income, independently-employed female workers. Currently boasts of a membership of 2 million craftswomen.

7.???? Svatantra Microfin and Credit-Access Grameen: Largest MFIs providing micro-loans to women customers an entrepreneurs predominantly in rural areas with the vision of female self-sustenance.

8.???? Shri Mahila Griha Udyog “Lijjat Papad”, 1959: Women workers cooperative that employs approx. 50,000 women across India today.

9.???? Feminism-based organisation with a mission to build a society embracing dignity of women in terms of livelihood. Its initiative of ‘Women on Wheels Program’ empowers impoverished women by providing them training to become professional drivers resulting in with stable income and safe environment of all-women cab company.

The UK & The EU

1.???? Gender Equality at every stage – a Roadmap for Change, UK, July 2019: Vision to enable each person to contribute to the economy and balance responsibilities with career. The report recognises the causes and challenges faced by women in real-life, like, the fact that the pay gap witnesses sharp increase upon couples having children. The same is addressed comprehensively with efficient proposed solutions to each challenge.

2.???? Gender Equality Strategy 2020-2025, EU: Presents policy objectives and actions towards a truly gender-equal Europe. Some features of the same are –

·?????? The goal is a Union wherein men and women and boys and girls are free to pursue their chosen path in life, have equal opportunities to thrive, and can equally participate and lead in European society.

·?????? Dual approach of gender mainstreaming in actions with intersectionality in implementation.

·?????? Adoption of Pay Transparency Directive.

·?????? Directive on gender balance in corporate boards and decision-making.

·?????? Work-life balance rights for parents and carers.

·?????? Campaign of #EndGenderStereotypes in varying spheres of life, including career choices, sharing care responsibilities and decision-making.

3.???? Gender Impact Assessment & Gender Budgeting, Document 137 of the 2022 Programme, France: Establishing budget for equality between men and women at national level with the goal of gender mainstreaming, i.e., integration of gender perspective into policy-making.

SOLUTION & CONCLUSION

It is evident that it is a long road to travel when it comes to achieving global gender equality, thus highlighting the significance of taking steps in the nature of positive discrimination (read: equity) towards women by all nations and/or political organisations.

It is clear that all the fiscal and legal framework is in place, including in India. Then what is keeping us behind? Society and Mindset. In late-April, we woke up to a seemingly educated man tweeting this:

"Marrying highly educated working women will be one of the worst decision you will ever make in your life. Big red flag."

Let me tell you, this is not a single man’s perspective. A lot of families still fear that overly educating their daughters will limit their chances of marrying a ‘nice boy in a nice family’. A whole generation worked to empower women, but forgot to teach men how to live with empowered women. The deeply interwoven social norms have enmeshed in the population the? fear that educating women will make their less controllable. Therefore, what needs change is this school of thought.

Hereinbelow are equitable solutions proposed to ensure absolute gender equality in India –

1)???? Political & Corporate Representation: in an applause-worthy move, after decades of being tabled, India has passed the 106th Amendment Act for reservation of 1/3rd seats for women in the Lok Sabha and the State Assemblies. Further, there is a provision for appointment of min. 1 female director in a company as per Section 149(1) of the Companies Act, 2013. However, for boardroom diversity, it is important to reserve similar 1/3rd seats for women. Countries practising the same include, Norway, Germany and Italy.

2)???? Access to Free Higher Education: To complement the RTE Act 2009 and to address the abysmal rate of female students opting for higher education, it is suggested that the same is made free for all female students belonging to the disadvantaged society for studying in any stream in any institute, with a decided ceiling of family-income. Maharashtra has become the first state to sanction free education for female students belonging to families with income of Rs. 8 lakhs or less. The same should be supplemented with free laptops and other education-related incentives. ???

3)???? Access to Free Public Transportation: State Governments must implement free access to public buses for women, like Delhi and Karnataka. This would sharply encourage educated women or women educating themselves from being curtailed from travelling to work or school due to concerns including safety and budgeting.

4)???? Adoption of Other Foreign Models:

·?????? European Gender Equality Monitor –

o?? With the view to bring a change in societal norms, the government must take action at sector-level by engaging with each stakeholder, developing framework for influencing the reformulation of decision-making at household level, and supplementing the same with a robust campaign on portrayal of women including censorship on movies/shows/ads having soft power to influence the Indian masses.

·?????? American Pay Equity –

o?? To ensure the success of the Equal Remuneration Act of 1976, an amendment must be brought similar to the Lilly Ledbetter Fair Pay Act of 2009 and the Achieve Pay Equity Act of 2015 which collectively penalise the employer with a harsher liability, including compounding by raises, pensions, contributions and back-pays to the complainant, and maintaining pay transparency (apart from the imprisonment and/or nominal pecuniary penalty already prescribed).

When someone talks about women rights and empowerment, there arise two issues, the latter being more grave than the former.

·?????? One, acceptance without change – things should remain status quo as this is the right way of functioning of society.

·?????? Two, denial – the argument that there exists no inequality in the status of men and women in the society.

How do we address something that is not even acknowledged? Something to ponder upon.

It is crucial to learn to celebrate women without condemning men. Today, we demand the right to freedom of choice. As financial independence runs the world, we demand equal opportunity and economic equity. I urge everyone to support Women. Let us all be proud Feminists, i.e., believe in the equality of men and women and neither being superior to the other. Remember, when you educate and empower a woman, you educate a generation.

I sincerely urge everyone to take note of the Rights of Women to empower oneself and another.