Q. Write an essay on “Law, women and social change.”
Introduction:- In the vedic period women participated in every sphere of human life and enjoyed a fair
amount of freedom and equality with men. In the post-vedic period various restrictions were put on
women’s rights by Manu and status of women suffered a set back. The Mughal period and the
subsequent advent of the British period were marked for general practice of killing baby girls,
condemnation of widow, polygamy and system of Devadasis in different parts of India.
Due to education and western impact on the socio-cultural life of attitude, the behavior and living
pattern of Hindu society changed drastically during the British regime. Injustice on women was
highlighted by Dada Naroji, Swami Dayanand Saraswati, Raja Rammohan Rao and Annie Besant, Sarojini
Naidu etc.
Women Mythology:- Women is divine, holy and pure and worshiped in India as Devi. Brahma is suppoed
to be half male and half female “purusha’ and “prakriti’. When “prakriti” conjoins “purusha” , it results
in creation. Women is thus seen as the yield or earth in which man sows the seed. Woman is
considered symbolizing with Goddess Lakshmi, Sarasvati and Durga. Without women the men is
considered incomplete.
Women in pre-Islamic society:- In pre-Islamic society, the position of woman was considerably low. The
woman had no rights. A man was free to have as many wives as he likes. The Holy ‘Prophet’ gave a
definite status to woman in the society as a mother, daughter and as a sister. He made a ceiling to the
number of wives a man could have. However, the husband was free to give divorce to a woman at any
time at his will. The Muslim woman’s rights were under subjugation.
Woman in Christianity:- The Book of Genesis, status that God made man as male and female. So no
differentiation in rights or status is required. God said, “it is not good that men should be alone. I will
make him a help mate”. So he created woman as the help-mate of Adam which brings out the fact that
woman is companion of man. Her status and role were conferred by God himself to be companion and
wife to man and mother of all the living things of the world. Her role increased her status in the society.
However, the Indian Christian woman brought up under the prevailing religions and socio-cultural
patterns has lived in the false security of the male dominated church and church related institutions.
Women in Sikhism:- The Sikh doctrine brought revolutionary change in the status of woman and they
fully participated in “Sangat” and “Pangat” established by Guru Nanak. The practice of Sati has been
condemned. The purdah, veiling of woman’s face was eradicated. The practice of female infanticide
was forbidden. Thus, the status of woman rose highly and they started working with men shoulder to
shoulder in the new society.
Women in Jainism:-Anna has no division of male or female. Woman in particular has a unique position
as Jana Matha, the woman who have birth to Thirthankara, the Jain deity. She has the highest position
as the mother of the nature. History is full of names of Jain women who did a lot for society and their
religion. Though the Jain women have shown greatness in almost all the fields of social life and brought
glory to humanity, they were still responsible for the continuation of Sati practice. This system
symbolizing the authority of men has coincided with the sense of sacrifice.
Women in Buddhism:- Buddhism nuns gave women an opportunity for spiritual practice and
enfoldment. Women’s role as mother commanded veneratin, but society generally expected her to give
birth to a son, so that he could perform rituals for the salvation of his ancestors. The most ordeal pair
preferred by Budha was Nakula-Pita and Nakula Mata.
Basic Right of Women:- The law framers were often and are concerned with the basic right of woman.
The Universal Declaration of Human Rights and so also our constitution do reflect such concern. Article
14 of the Constitution-equality before law and equal protection of laws . Article 15 forbids
discrimination on rounds of sex etc. Article 16 provides for equality of opportunity in matters of public
employment. Article 23 prohibits trafficking in human beings. The Supreme Court in Rajesh Kumar
Gupta vs. State of Uttar Pradesh, AIR 2005 SC 2540 has held that reservation of 50% of posts in favour of
female candidates not arbitrary. Similary, provisions providing for reservation of seats for women in
local bodies or in educational institutions are valid. In Vishakha vs. State of Rajasthan, AIR 1997 SC 3011,
the Supreme Court held that sexual harassment of working women amounts to violation of the rights
guaranteed by articles 14, 15 and 23.
Specific provisions have been made in the Indian Penal Code to deal with the offence of rape,
sexual assault(Section 375-376, offences relating to marriage, cruelty by husband or relatives of
husband(section 493 to 498-A), offence of miscarriage (sections 312 to 318); outraging the modesty of a
woman (section 509) and provision for dowry death has been made in section 304 of IPC. Specific
provisions have been made for the offence of bigamy, desertion, mental illness, insanity; physical
diseases, incurability of unsound mind, kidnapping and abduction, obscenity, outraging the modesty of a
woman, procurement of minor girl and slavery etc in the Penal Code and the Constitution.
There is specific legislation dealing with dowry viz. Dowry Prohibition Act, 1961, the Commission
of Sati(Prevention) Act, 1987, the Maternity Benefit Act, 1961 and Equal Remuneration Act, 1916,
Immoral Traffic(Prevention) Act, 1956 to curb prostitution etc.
The National Commission for Women Act, 1990 was enacted for the welfare of the women and for
enforcing their rights which works as a watchdog for the rights of women.
As a result of these legislations, the position of women in the modern times has gradually
improved and the women is enjoying equal rights in every sphere of life. Now the time has come when
the attitude of the society must change towards women and their rights.
Introduction:- In the vedic period women participated in every sphere of human life and enjoyed a fair
amount of freedom and equality with men. In the post-vedic period various restrictions were put on
women’s rights by Manu and status of women suffered a set back. The Mughal period and the
subsequent advent of the British period were marked for general practice of killing baby girls,
condemnation of widow, polygamy and system of Devadasis in different parts of India.
Due to education and western impact on the socio-cultural life of attitude, the behavior and living
pattern of Hindu society changed drastically during the British regime. Injustice on women was
highlighted by Dada Naroji, Swami Dayanand Saraswati, Raja Rammohan Rao and Annie Besant, Sarojini
Naidu etc.
Women Mythology:- Women is divine, holy and pure and worshiped in India as Devi. Brahma is suppoed
to be half male and half female “purusha’ and “prakriti’. When “prakriti” conjoins “purusha” , it results
in creation. Women is thus seen as the yield or earth in which man sows the seed. Woman is
considered symbolizing with Goddess Lakshmi, Sarasvati and Durga. Without women the men is
considered incomplete.
Women in pre-Islamic society:- In pre-Islamic society, the position of woman was considerably low. The
woman had no rights. A man was free to have as many wives as he likes. The Holy ‘Prophet’ gave a
definite status to woman in the society as a mother, daughter and as a sister. He made a ceiling to the
number of wives a man could have. However, the husband was free to give divorce to a woman at any
time at his will. The Muslim woman’s rights were under subjugation.
Woman in Christianity:- The Book of Genesis, status that God made man as male and female. So no
differentiation in rights or status is required. God said, “it is not good that men should be alone. I will
make him a help mate”. So he created woman as the help-mate of Adam which brings out the fact that
woman is companion of man. Her status and role were conferred by God himself to be companion and
wife to man and mother of all the living things of the world. Her role increased her status in the society.
However, the Indian Christian woman brought up under the prevailing religions and socio-cultural
patterns has lived in the false security of the male dominated church and church related institutions.
Women in Sikhism:- The Sikh doctrine brought revolutionary change in the status of woman and they
fully participated in “Sangat” and “Pangat” established by Guru Nanak. The practice of Sati has been
condemned. The purdah, veiling of woman’s face was eradicated. The practice of female infanticide
was forbidden. Thus, the status of woman rose highly and they started working with men shoulder to
shoulder in the new society.
Women in Jainism:-Anna has no division of male or female. Woman in particular has a unique position
as Jana Matha, the woman who have birth to Thirthankara, the Jain deity. She has the highest position
as the mother of the nature. History is full of names of Jain women who did a lot for society and their
religion. Though the Jain women have shown greatness in almost all the fields of social life and brought
glory to humanity, they were still responsible for the continuation of Sati practice. This system
symbolizing the authority of men has coincided with the sense of sacrifice.
Women in Buddhism:- Buddhism nuns gave women an opportunity for spiritual practice and
enfoldment. Women’s role as mother commanded veneratin, but society generally expected her to give
birth to a son, so that he could perform rituals for the salvation of his ancestors. The most ordeal pair
preferred by Budha was Nakula-Pita and Nakula Mata.
Basic Right of Women:- The law framers were often and are concerned with the basic right of woman.
The Universal Declaration of Human Rights and so also our constitution do reflect such concern. Article
14 of the Constitution-equality before law and equal protection of laws . Article 15 forbids
discrimination on rounds of sex etc. Article 16 provides for equality of opportunity in matters of public
employment. Article 23 prohibits trafficking in human beings. The Supreme Court in Rajesh Kumar
Gupta vs. State of Uttar Pradesh, AIR 2005 SC 2540 has held that reservation of 50% of posts in favour of
female candidates not arbitrary. Similary, provisions providing for reservation of seats for women in
local bodies or in educational institutions are valid. In Vishakha vs. State of Rajasthan, AIR 1997 SC 3011,
the Supreme Court held that sexual harassment of working women amounts to violation of the rights
guaranteed by articles 14, 15 and 23.
Specific provisions have been made in the Indian Penal Code to deal with the offence of rape,
sexual assault(Section 375-376, offences relating to marriage, cruelty by husband or relatives of
husband(section 493 to 498-A), offence of miscarriage (sections 312 to 318); outraging the modesty of a
woman (section 509) and provision for dowry death has been made in section 304 of IPC. Specific
provisions have been made for the offence of bigamy, desertion, mental illness, insanity; physical
diseases, incurability of unsound mind, kidnapping and abduction, obscenity, outraging the modesty of a
woman, procurement of minor girl and slavery etc in the Penal Code and the Constitution.
There is specific legislation dealing with dowry viz. Dowry Prohibition Act, 1961, the Commission
of Sati(Prevention) Act, 1987, the Maternity Benefit Act, 1961 and Equal Remuneration Act, 1916,
Immoral Traffic(Prevention) Act, 1956 to curb prostitution etc.
The National Commission for Women Act, 1990 was enacted for the welfare of the women and for
enforcing their rights which works as a watchdog for the rights of women.
As a result of these legislations, the position of women in the modern times has gradually
improved and the women is enjoying equal rights in every sphere of life. Now the time has come when
the attitude of the society must change towards women and their rights.
