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GS Paper: GS1-07.Role of women and women’s organization, population and associated issues, poverty and developmental issues.

  • Key Findings from the Gender Gap Report, 2023

    gender gap

    Central Idea

    • India climbed eight places to rank 127 among 146 countries in the Gender Gap Report 2023 by the World Economic Forum.
    • Improvement in India’s ranking from 2022 and partial recovery towards 2020 parity levels.

    What is Global Gender Gap Report?

    • The Global Gender Gap (GGG) Report is an index designed to measure gender equality.
    • It was first published in 2006 by the World Economic Forum.

    Key Areas of Analysis:

    1. Economic participation and opportunity: Examines salary levels, workforce participation, and access to high-skilled employment.
    2. Educational attainment: Assesses access to basic and higher education for both genders.
    3. Political empowerment: Measures representation of women in decision-making structures.
    4. Health and survival: Considers life expectancy and sex ratio, accounting for differences in mortality rates.
    • On each of the four sub-indices as well as on the overall index the GGG index provides scores between 0 and 1, where 1 shows full gender parity and 0 is complete imparity.
    • It is the longest-standing index, which tracks progress towards closing these gaps over time since its inception in 2006

    India’s Ranking and Progress

    • In 2022, India was ranked 135, indicating an improvement of 1.4 percentage points towards its 2020 parity level.
    • India has closed 64.3% of the overall gender gap, showcasing progress in various areas.
    • However, economic participation and opportunity in India achieved only 36.7% parity.
    • India has achieved parity in enrolment across all levels of education.

    Comparison and Regional Context

    • Pakistan ranked 142, Bangladesh at 59, China at 107, Nepal at 116, Sri Lanka at 115, and Bhutan at 103.
    • Iceland remains the most gender-equal country, with over 90% of its gender gap closed.
    • Southern Asia achieved 63.4% gender parity, the second-lowest among the eight regions.

    Challenges and Areas of Concern in India:

    • Despite some improvement in wage parity, the representation of women in senior positions and technical roles declined.
    • Political empowerment in India showed 25.3% parity, with women comprising 15.1% of MPs.
    • Notably, 18 countries, including India, have achieved women’s representation of over 40% in local governance.

    Efforts and Impact

    • Women and Child Development Minister Smriti Irani highlighted the importance of women’s participation in local government bodies, which was acknowledged by the WEF.
    • India saw a 1.9 percentage point improvement in the sex ratio at birth, contributing to increased parity after more than a decade.
  • Kerala HC Quashes POCSO Charges for Contextual Nudity

    nudity kerala hc pocso
    PC: The Quint

    Central Idea

    • Kerala High Court’s Ruling on POCSO Case: Quashing of a case filed against a Kerala actor/activist accused of subjecting her children to an obscene act.
    • Emphasis on Contextual Consideration: The court highlights the need to consider the context in which the act was performed and challenges the notion of default sexual interpretation.

    Nudity and Obscenity Charges against the Accused

    (1) POCSO Case

    • Video Incident and Allegations: A women’s rights activist posted a video on social media showing her children painting on her semi-nude torso with the hashtag “Body Art and Politics”.
    • Outrage and Accusations: Public outcry ensues, and the activist is accused of subjecting her children to an obscene act.
    • Charges Filed under POCSO Act: The police register a case and charge her under various sections of the Protection of Children from Sexual Offences (POCSO) Act.

    (2) IT Act and JJ Act Charges

    • Additional Charges: The activist also faced charges under Section 67B (a), (b), and (c) of the Information Technology (IT) Act and Section 75 of the Juvenile Justice (JJ) Act.
    • IT Act Charges: The charges relate to publishing or transmitting obscene material involving children.
    • JJ Act Charge: The charge pertains to cruelty towards children.

    Court’s Ruling on POCSO Charges

    • Absence of Sexual Intent: The court examined the video and concludes that there was no sexual intent on the part of the mother.
    • Dismissal of POCSO Charges: The court dismissed charges under relevant sections of the POCSO Act, as sexual intent and use of children for pornography were not established.
    • Contextual Consideration: The court emphasizes the importance of considering the context in which the video was published.
    • Discharge from IT and JJ Act Charges: The court discharged the activist from charges under the IT and JJ Acts, finding no sufficient grounds for proceeding against her.

    Significance of the Judgment

    • Bodily Autonomy as Human Dignity: The court emphasized women’s autonomy as an integral aspect of human dignity.
    • Importance of Bodily Autonomy: The court highlighted the significance of bodily autonomy in making choices about one’s own body.
    • Legal Interpretation of Obscenity: The court explained the definition of obscenity based on legal precedents.
    • Comparison of Standards: The court compared the Hicklin Test with contemporary community standards to determine obscenity.

     

    Hicklin Test

    The Hicklin Test is a legal standard used to determine obscenity in various jurisdictions. It originated from the 1868 ruling in the UK case of ‘Queen vs. Hicklin.’ According to the Test, material is considered obscene if it has the potential to “Deprave and Corrupt” individuals whose minds are open to immoral influences. This test focuses on the impact of the material on vulnerable individuals rather than considering its overall artistic or social value. This Test has been subject to reinterpretation and revision in subsequent legal decisions.

     

    Nudity and Cultural Context

    • Nudity beyond Obscenity: The court asserted that nudity and obscenity are not always synonymous.
    • Cultural Examples: The court cited cultural and artistic depictions of nudity in temples and festivals to demonstrate the acceptance of nudity in certain contexts.

    Challenging Double Standards and Promoting Equality

    • Critique of Double Standards: The court criticized the double standards that sexualize women’s bodies while allowing men’s bodies to be exposed.
    • Activist’s Intent: The court acknowledged the activist’s intention to challenge these double standards.
    • Importance of Individual Freedom: The court concluded that societal norms and morality should not dictate legal prosecution, emphasizing individual freedom and equality before the law.

    Balancing Individual Autonomy and Societal Morality

    • Delicate Balance: We must consider the delicate balance between individual autonomy and societal morality in cases involving nudity and obscenity.
    • Need for Contextual Consideration: Reiteration of the importance of considering the specific context and intentions behind an act before passing judgment about someone is crucial.

    Navigating Obscenity Standards: Hicklin Test and Beyond

    • Exploring the Hicklin Test: Explanation of the historical significance and limitations of the Hicklin Test in determining obscenity.
    • Evolving Standards: Reflection on the evolving legal standards and the shift towards contemporary community standards in assessing obscenity.

    Way forward

    • Promoting Education: Implement comprehensive educational programs to raise awareness about the nuances of nudity, artistic expression, and individual autonomy.
    • Addressing Stereotypes: Challenge societal stereotypes and misconceptions surrounding nudity, promoting a more inclusive understanding of diverse forms of artistic expression.
    • Cultural Sensitivity: Encourage respectful discussions that acknowledge and respect different cultural perspectives on nudity and artistic expression.
    • Review of Obscenity Laws: Conduct a comprehensive review of existing obscenity laws to ensure they align with contemporary community standards and protect freedom of expression and individual autonomy.
    • Contextual Consideration: Introduce legal provisions that mandate contextual considerations when assessing charges related to nudity and obscenity, emphasizing artistic intent and cultural significance.
    • Support Artistic Expression: Provide platforms, grants, and resources to support artists exploring nudity as a form of artistic expression, fostering creativity, and challenging societal norms.
  • 10 Years of Sexual Harassment Law

    Central Idea

    • The Supreme Court of India has identified “serious lapses” and “uncertainty” in the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).
    • It has directed the Union, States, and UTs to verify the formation of Internal Complaint Committees (ICCs) in government bodies and ensure strict adherence to the Act’s composition requirements.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishakha Guidelines, which were already in place.

    What are Vishakha Guidelines?

    • The Vishakha guidelines were laid down by the Supreme Court in a judgment in 1997. This was in a case filed by women’s rights groups, one of which was Vishakha.
    • In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gangrape in an act of revenge.

    Guidelines and the law

    • The Vishakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions :
    1. Prohibition
    2. Prevention
    3. Redress
    • The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behavior

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem.
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstances amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. Promise of preferential treatment in her employment
    2. Threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    Description
    Filing a complaint Aggrieved victim has the option to file a complaint with the ICC, but it is not compulsory for the ICC to act.
    Assistance in filing a complaint Any member of the ICC must provide reasonable assistance to the victim in filing a written complaint.
    Filing a complaint on behalf of the victim If the victim is unable to file a complaint due to incapacity, death, or other reasons, her legal heir may file it on her behalf.
    Time limit for filing a complaint Complaint must be made within 3 months from the date of the incident
    Extension of time limit ICC has the authority
    Monetary settlement and conciliation Yes
    Forwarding complaint or initiating an inquiry Must be completed within 90 days.
    Confidentiality of information Act ensures the confidentiality of the woman’s identity, respondent’s identity, inquiry details, recommendations, and actions taken

    Requirements imposed on employers

    Description
    Internal Complaints Committee (ICC) Employers with more than 10 employees must establish an ICC to address sexual harassment complaints.
    Composition of ICC The ICC must include women employees, another employee, and a third-party member familiar with sexual harassment issues.
    Local Committee (LC) for smaller organizations Organizations with fewer than 10 employees must create an LC to receive complaints from the informal sector.
    Complaint filing process Women can file written complaints to either the ICC or LC within three to six months of the incident.
    Resolution methods The Act provides two resolution methods: conciliation between the parties involved or conducting an inquiry by the committee.
    Annual audit report Employers must file an annual audit report on sexual harassment complaints and take responsibility for conducting workshops, awareness programs, and orientation for ICC members.
    Non-compliance penalties Non-compliance with the Act can result in penalties, including fines.

    Hurdles to the Act’s Implementation

    Description
    Inadequate constitution of ICCs Improper constitution of Internal Complaint Committees (ICCs) with inadequate members or absence of mandatory external members.
    Lack of accountability Unclear specification of responsibilities for ensuring compliance with the Act, leading to ineffective enforcement.
    Inaccessibility for informal sector workers Limited accessibility of the law for women in the informal sector, comprising a significant portion of the female workforce.
    Underreporting of sexual harassment cases Significant underreporting of cases due to fear of repercussions, power dynamics, and lack of awareness about the process.
    Reliance on evidence and due process Excessive reliance on concrete evidence, discouraging victims from coming forward and potential penalties during inquiries.
    Lack of clarity in conducting inquiries Lack of clarity in inquiry procedures, resulting in confusion and inefficiency in addressing sexual harassment cases.

    Recent concerns and directions from the Supreme Court

    Description
    “Serious lapses” and “uncertainty” in implementation Supreme Court expressed concerns about the implementation of the PoSH Act, citing serious lapses and uncertainty in its enforcement.
    Verification of Internal Complaint Committees (ICCs) It directed to verify the formation of ICCs in government bodies.
    Strict adherence to composition requirements Emphasis was placed on ensuring strict adherence to the Act’s composition requirements for ICCs.
    Inadequate constitution of ICCs The Court highlighted the issue of improperly constituted ICCs, including the absence of mandatory external members.
    Proactive approach for enforcement A proactive approach from both State and non-State actors was called for in enforcing the Act.
    Publication of committee details Directions were given to publish committee details on websites within a specified timeframe.
    Ensuring a safe and respectful workplace The importance of providing a safe and secure workplace, ensuring the dignity and respect women deserve, was emphasized.
    Accountability and effective enforcement The Court’s directions aimed to ensure accountability and effective enforcement of the PoSH Act.

     

     

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  • Unpaid Care Work: Recognizing and Valuing Women’s Contributions

    Unpaid Care Work

    Central Idea

    • Unpaid care work, predominantly performed by women, plays a crucial role in the well-being of families and contributes significantly to a country’s economy. However, it often goes unrecognized and undervalued, leading to gender inequality and economic implications. On this Mother’s day and beyond it is necessary to introspect and change the attitudes towards the women’s role of essential well being.

    The Importance of Unpaid Care Work

    • Daily chores essential for their well-being: Unpaid care work encompasses daily chores, such as cleaning, cooking, and tending to the needs of family members, which are essential for their well-being.
    • Crucial contribution: It accounts for a substantial portion of a country’s GDP, ranging from 10 to 39 percent according to the International Labour Organisation (ILO) and 7.5 percent in India, as per the State Bank of India report.

    Implications of Unpaid Care Work

    • Gender Inequality: Unpaid care work reinforces traditional gender roles and perpetuates gender inequality. The unequal distribution of caregiving and domestic responsibilities limits women’s opportunities for education, employment, and advancement, creating a cycle of economic and social disadvantage.
    • Economic Invisibility: Unpaid care work is often invisible in economic systems and measurements, such as GDP calculations. This invisibility devalues the contributions of caregivers and neglects the economic significance of care work, leading to an underestimation of women’s economic contributions.
    • Economic Loss and Reduced Income: The time and energy spent on unpaid care work can limit women’s ability to engage in paid employment or pursue economic opportunities. This leads to reduced income potential and financial dependence, contributing to income inequality between men and women.
    • Limited Time for Personal Development: The significant time and effort devoted to unpaid care work leave women with limited time for personal development, education, skills training, and leisure activities. This constrains their ability to pursue individual goals and self-fulfillment.
    • Health and Well-being: The burden of unpaid care work can have adverse effects on women’s physical and mental health. The constant juggling of caregiving responsibilities, household chores, and other duties can lead to stress, fatigue, and burnout, negatively impacting well-being.
    • Education and Professional Advancement: The unequal distribution of care work can hinder women’s educational opportunities and limit their ability to pursue higher education or career advancement. This perpetuates a cycle of limited professional growth and fewer leadership roles for women.
    • Workforce Gender Gap: Unpaid care work affects women’s participation in the formal labor force. The time constraints and caregiving responsibilities make it challenging for women to engage in paid employment, contributing to the gender gap in workforce participation and representation.
    • Social and Intergenerational Impact: The gendered division of unpaid care work can reinforce traditional gender norms and perpetuate inequality across generations. Children growing up in households where women bear the majority of care work may internalize and replicate these gendered roles in their own lives.
    • Policy and Societal Implications: The undervaluation and invisibility of unpaid care work hinder the formulation of effective policies and social structures that support caregivers. Lack of recognition and support can perpetuate gender inequality and limit progress towards gender-responsive policies and systems.

    Gendered Division of Labor: Reasons and impact

    • Historical and Cultural Norms: Deeply ingrained historical and cultural norms shape societal expectations regarding gender roles. Traditional gender norms often dictate that women should be primarily responsible for caregiving and domestic chores, while men are expected to engage in paid work outside the home.
    • Gender Stereotypes and Expectations: Stereotypical beliefs about men’s and women’s inherent abilities and inclinations influence societal expectations regarding work and family responsibilities. Stereotypes portraying women as nurturing, emotional, and inclined towards caregiving, and men as strong, assertive, and suited for paid employment, contribute to the gendered division of labor.
    • Economic Factors and Structural Inequality: Structural inequalities in the labor market, such as gender wage gaps and limited opportunities for women’s advancement, create economic barriers for women. The undervaluation of traditionally female-dominated sectors contributes to the devaluation of women’s labor and reinforces the gendered division of labor.
    • Socialization and Education: Socialization processes from an early age play a crucial role in shaping gender roles and expectations. Children are often socialized into specific gender roles through various channels, including family, education, media, and peer influences.
    • Family Dynamics and Household Responsibilities: Within the family unit women are frequently assigned the bulk of caregiving and domestic tasks, regardless of their employment status. Unequal distribution of household chores and caregiving responsibilities creates a cycle where women’s time and energy are disproportionately dedicated to unpaid work, limiting their opportunities for paid employment and career advancement.
    • Power Dynamics and Patriarchy: Patriarchy grants men greater authority and control over resources, while women’s labor is often devalued and overlooked. These power dynamics reinforce traditional gender roles and limit women’s ability to challenge or negotiate their participation in different spheres of life, including work and family.

    Way ahead: Need for Redefining Societal Attitudes

    • Recognizing the Value of Care Work: Unpaid care work is essential for the well-being and functioning of families and societies. It is important to acknowledge and value the contributions of caregivers, particularly women, as their work has significant economic, social, and emotional implications.
    • Challenging Gender Stereotypes: Societal attitudes often reinforce traditional gender roles, where caregiving is seen as primarily women’s responsibility. Redefining attitudes involves challenging these stereotypes and promoting the idea that caregiving should be shared by all members of the family, regardless of their gender.
    • Promoting Gender Equality: Redefining societal attitudes towards care work is crucial for promoting gender equality. It involves recognizing that caregiving is not solely a woman’s duty but a shared responsibility between partners, families, and society as a whole.
    • Empowering Women: By redefining societal attitudes, women can be empowered to pursue their educational, professional, and personal aspirations. When the burden of unpaid care work is shared more equitably, women have the opportunity to participate fully in the workforce, contribute to economic growth, and exercise their rights and choices.
    • Breaking the Cycle of Gendered Division of Labor: Redefining societal attitudes helps break the cycle of gendered division of labor, where women are primarily responsible for unpaid care work. It encourages men to take an active role in caregiving, fostering a more balanced and equitable distribution of responsibilities within households.
    • Creating Supportive Environments: Redefining societal attitudes also involves creating supportive environments that facilitate and value caregiving responsibilities. This includes workplace policies that enable work-life balance, access to affordable and quality childcare facilities, and social systems that recognize and support caregivers.
    • Building Inclusive and Progressive Societies: Societal attitudes towards care work reflect broader social norms and values. By redefining these attitudes, societies can become more inclusive, progressive, and equitable, where the contributions of all individuals, irrespective of their gender or caregiving roles, are valued and respected.

    Unpaid Care Work

    Conclusion

    • On Mother’s Day and beyond, it is crucial to acknowledge and appreciate the work done by women, transcending the singular role of mothers or caregivers. Collective efforts are needed to challenge and change societal attitudes that neglect the rights of women and perpetuate gender inequality.

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  • What is Bilkis Bano Case?

    bilkis bano

    The Supreme Court has indicated it will primarily focus on the question of Gujarat’s jurisdiction to prematurely release 11 men sentenced to life for the gang rape of Bilkis Bano and the murder of her family during the 2002 riots.

    Central idea

    • The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India.
    • Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered during the riots that followed the Godhra train burning incident.
    • The case was initially left unnoticed, but after persistent efforts by Bano and her supporters, the case was reopened and the perpetrators were brought to justice.

    Initial investigation and cover-up

    • No proper investigation: Despite the gravity of the crime, the initial investigation was not conducted properly.
    • Evidence tampered: The medical examination of Bano was conducted after several days, by which time crucial evidence had been lost.
    • No FIR registered: The police refused to file a First Information Report (FIR) initially, and when they did, they left out crucial details of the incident.

    Reopening of the case

    • Bano and her supporters continued to fight for justice, and in 2004, the case was transferred to the Central Bureau of Investigation (CBI) on the order of the Supreme Court.
    • The CBI conducted a thorough investigation and filed a charge sheet against 19 accused persons, including police officers and doctors who had tried to cover up the crime.
    • In 2008, the trial began in a Mumbai court.

    Conviction and sentencing

    • In 2017, after a long legal battle, a Mumbai court convicted 11 accused persons, including one police officer, for gang rape and murders.
    • The police officer, who was the main accused, was sentenced to life imprisonment, while the others were given seven years’ imprisonment.
    • The court also acquitted seven other accused persons due to lack of evidence.

    Key issue: Release of convicts

    • In February 2021, the Bombay High Court acquitted five of the convicted persons, citing lack of evidence.
    • The court also upheld the life imprisonment of the police officer and reduced the sentence of the other convicts to three years.
    • The convicts were released from prison after serving their sentence.

    What are the laws on remissions?

    • Prisoners are often granted remission of sentences and released on important occasions such as birth and death anniversaries of prominent leaders.
    • The President and the Governors have the power to pardon, suspend, remit, or commute a sentence passed by the courts under Articles 72 and 161 of the Constitution.
    • Under Section 432 of the Code of Criminal Procedure (CrPC), the state governments also have the power to remit sentences as prisons are a state subject.
    • However, the powers of remission of the state government are restricted by Section 433A of the CrPC.
    • It mandates a person serving a life imprisonment sentence for an offence where death is a punishment or where a death sentence has been commuted, cannot be released until they have served at least 14 years in prison.

    Critical reception of the judgement

    • Justice vindicated: Bano and her family members expressed disappointment with the decision of the court to acquit some of the convicts, and they plan to challenge the verdict in the Supreme Court.
    • Communal angle to the release: Bano has been a symbol of courage and determination for survivors of sexual violence in India, and her case has highlighted the need for justice and accountability for crimes committed during communal riots.

    Significance of the case

    • The Bilkis Bano case is significant as it highlights the issue of communal violence in India and the failure of the authorities to provide justice to the victims.
    • The case also underscores the need for the protection of the rights of women and minorities in India.
    • The long legal battle fought by Bano and her supporters shows that justice is possible, but it requires persistence, courage and the support of civil society.

     

     

  • World Bank Index on Life Cycle of Working Women

    women

    Central idea: The article reports on India’s score in the World Bank Index on the life cycle of working women.

    World Bank Index on the Life Cycle of Working Women

    • It is a tool developed by the World Bank to measure and track the progress of women’s economic participation and opportunities over their lifetimes.
    • It is based on a set of indicators that measure factors such as laws and regulations affecting women’s employment, access to finance, and gender-based violence and harassment in the workplace.

    The index is divided into three categories:

    1. Starting a job,
    2. During employment, and
    3. After employment.
    • Each category includes a set of indicators that measure the specific challenges and opportunities faced by women at different stages of their careers.
    • The purpose of the index is to provide policymakers and stakeholders with data and insights that can be used to inform policies and programs aimed at improving women’s economic opportunities and outcomes.
    • The index is updated periodically to track progress over time and identify areas where more action is needed.

    India’s performance

    • India has scored 74.4 out of 100 in the World Bank Index on the life cycle of working women, which measures factors like laws, regulations, and practices affecting women’s economic participation.
    • This score places India at 140th out of 190 countries surveyed in the index.

    Issues highlighted

    • India has made progress in certain areas, such as maternity benefits and anti-discrimination laws.
    • There are still significant gaps in areas like equal pay and access to finance.
    • The report also highlights the impact of the COVID-19 pandemic on women’s economic participation, with many women facing job losses and reduced hours of work.

    Key recommendations

    • The report concludes by recommending actions that can be taken to improve women’s economic participation, such as-
    1. Increasing access to childcare
    2. Promoting flexible work arrangements and
    3. Addressing gender-based violence and harassment in the workplace

     

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  • Urban space for women: India can show the path

    Urban

    Context

    • More than half of the population worldwide lives in cities, making urban centres critical to socioeconomic growth and development. However, rampant urbanisation has led to unequal distribution of resources and a lopsided development approach that ignores the specific needs of women. Despite projections of two-thirds of the population living in cities by 2050, urban development remains exclusive of women’s perspectives and needs.

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    Gender inequality in cities

    • Primary reason: One of the primary reasons behind gender inequality in cities is that modern cities are planned mainly by men and for men, thus sidelining the needs of women.
    • Designed assuming that the role of women is confined to household: The cities have been traditionally designed on the premise that a woman’s role is primarily confined to the household, barring their need to access the immediate neighbourhood.
    • Patriarchal approach has taken away the Fundamental rights: This patriarchal approach, while shaping the power dynamics between men and women, has also taken away the fundamental right of women to live and thrive in a safe and inclusive outdoor environment.

    Urban

    Role of women and the challenges they face in urban spaces

    • Women one of the most vulnerable groups in society: Women, one of the most vulnerable groups in society, face violence in physical and cyber mode, making it difficult for them to access opportunities that come with urbanisation.
    • For instance: Due to poorly lit streets and a lack of women-friendly mobility systems, women cannot actively participate in the workforce. Only 27 percent of women participate in the workforce in India as compared to 79 percent of men.
    • Male dominated nature of job opportunities available in the cities: Most of them are male-dominated, such as the platform economy jobs of delivery agents and those at vast construction sites, leaving less space for women to intervene.
    • Women professionals are burdened with dual work responsibilities: Moreover, with an increase in the number of households in cities, women are devoting most of their time to home and caring work, thus, leaving less time for them to do a job. In this scenario, women professionals are burdened with dual work roles, impacting their physical and mental well-being.
    • Discouraged drop outs: Furthermore, the social tendency to discourage urban women from working after marriage has generated a trend of ‘discouraged drop-outs’, leaving them out of the workforce.
    • Role in urban planning and governance is abysmally low: Women’s participation in urban planning and governance has been abysmally low. Women hold only 10 percent of the highest ranks globally in architecture and urban planning offices. With women left out of city planning institutions, city planners ignore the needs of women and the challenges they face.

    Urban

    Do you know: The concept of a 15-minute city?

    • The concept of a 15-minute city, i.e., where everything needed will be available within a walkable distance of 15 minutes, is attracting the interest of planners even in India.
    • However, for stray examples such as Magarpatta, a city in Pune, the concept has failed to move beyond rhetoric.

    Focus areas of development

    • City society intervention is a prerequisite: The intervention of civil society and policymakers on specific parameters can help build gender-responsive cities that accommodate the concerns of all citizens.
    • Building safer cities: Better street lighting, women-friendly transport systems, and behavioural change programmes that help people understand that the onus of safety is not on women but on society as a whole will surely improve women’s access to safer cities.
    • For instance: Building technology systems such as the Safetipin app helps women map safe areas and take necessary actions in emergencies by collating a list of important contacts, GPS tracking and so on, thus, trying to make streets safer.
    • Changing the attitude and mindset of society at large: Counselling sessions for men, sensitising them about how women feel if a certain social behaviour is practised, can trigger an eventual change in their mindset towards women’s needs.
    • Building gender-inclusive jobs: Data suggests that 10 percent increase in women’s workforce participation rate can add US$ 770 million, approximately 18 percent, to India’s GDP. Teaching men to shoulder family responsibilities, making workspaces women-friendly, promoting women to leadership positions, and diversifying the availability of jobs can go a long way in improving the situation.
    • Role of women in urban governance: Having women at the top can have a domino effect in society, making other women aspirational of the positions they can reach and the impact they can create.
    • For example: Cities like Athena, Bogota, Nairobi, Dakar, and San Francisco that have had female leadership have witnessed greater socio-economic and sustainable development.
    • Developing gender-sensitive infrastructure: Globally, one in three women do not have access to safe toilets. Building toilets for women and places to breastfeed and baby changing stations improves the turnout of women on the streets. Improving access to clean water will also improve overall health for women as globally.

    Urban

    Way ahead

    • Need a paradigm shift in approaches to policymaking: Including more women in decision-making roles to identify shared concerns and build integrated solutions will need a paradigm shift in approaches to policymaking. This calls for a policy focus on optimum resource allocation and equitable distribution, ensuring easy, safe, and affordable access to all.
    • Feminist approach in policymaking: Policymakers need to adopt a feminist approach to urban development.
    • Feminist urbanism: Feminist urbanism seeks to understand and integrate the concerns of women and other gender and sexual minorities across caste, class, age differences, disabilities, etc.
    • Developing cities on the lines of feminist urbanism: Creating a city on the lines of feminist urbanism refers to constructing compact and mixed-use neighbourhoods, inclusive streets focusing on pedestrian needs and building other critical urban infrastructure.

    Conclusion

    • Building global partnerships to aid gender mainstreaming in urban spaces can prove fruitful. India has a chance to further this cause as it assumes the G20 presidency. The Urban 20 grouping can bring urban policymakers from the -20 nations to deliberate on women’s rights and evolve gender-inclusive development processes to help cities attain the 2030 agenda for sustainable development holistically.
  • Nari Shakti at the parade

    parade

    Context

    • Watching women lead many of the contingents in the 74th Republic Day parade in New Delhi was encouraging. Their presence was heartening and something for future generations of girls to emulate. While much was made about the induction of women fighter pilots, we need to see how many more have been inducted since then.

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    parade

    Nari Shakti at the parade

    • Nari shakti dominated the parade: Nari Shakti dominated the 74th Republic Day parade as women officers led the marching contingents of the armed forces, CRPF, Akash missile system and Army’s Daredevil team
    • first ever women armed police battalion: In a first, the marching contingent of the CRPF, which has the distinction of raising the first-ever women-armed police battalion in the world, had all women personnel this time.
    • BSF women on the borders: Also, for the first time, BSF women soldiers in colorful uniforms who have been deployed along the desert border with Pakistan joined the parade as part of the camel contingent.

    Light on whether induction of women is mere tokenism?

    • Opening up of opportunities for women: Among the best developments of recent times is the opening of opportunities for girls and young women in Sainik schools and the National Defence Academy.
    • As more women on the field, less logistical issues: Once they don the uniform and there are many more women on the field, then the logistical issues will become less relevant.
    • Promotion for the rank of colonel: The recent news about women being considered in the promotion board for the rank of colonel and subsequently, to command units is tremendously empowering.
    • Military remains an excellent example: The military is an excellent place for women to work in and it is the military’s responsibility to not break that faith.

    Women in commands: Significance

    • Leadership opportunity: Despite working at the grassroots level as junior officers, women officers hitherto did not get an opportunity to prove their leadership skills as they were not eligible to command a unit.
    • Gender parity: Most importantly, it grants women officer’s parity with their male counterparts.
    • Higher ranks: Earlier promotions were staff appointments which are more administrative in nature and not purely command appointments in which an officer commands troops on ground.
    • Benefits after permanent commission: With a longer career in the Army, women officers will be considered for promotions, including to the rank of Colonel and beyond.

    How are women still discriminated?

    • Women are still not eligible in core combat arms such as Infantry, Mechanised Infantry and Armoured Corps.
    • Indian Army is not open to women fighting wars at the borders as foot soldiers.
    • Much of this resistance stems from past instances of male soldiers being taken as prisoners of war and tortured by the enemy.
    • However, the Army has recently decided to open the Corps of Artillery, a combat support arm, to women.

    What more needs to be done?

    • Promoting gender equality at the Parade: It is a great idea to have women’s contingents, with the theme of Nari Shakti, at the parade. However, we must refrain from describing this as an opportunity that has been given to them.
    • Challenges in achieving gender equality in frontline forces: The slow and steady induction of women in ranks below the officer level in a paramilitary force like the Assam Rifles is a far cry from enabling women to be part of the frontline force, as part of the Kumaon Regiment, for example. The regiment’s war cry may be Kalika mata ki jai, but it stops there.

    parade

    Way ahead

    • The military, just like any other institution, is but a reflection of society and, like the other institutions, it is also subject to reform and change for the advancement of society as a whole.
    • We must push for this alongside cheering for Captain Shikha Sharma, the first woman in the Daredevil squad, who so effortlessly displayed her skills at the parade.

    Conclusion

    • Republic Day parade did well to celebrate Nari Shakti. But the day after R-Day, much more needs to be done on inclusion of women in the force.

    Mains question

    Q. Nari shakti said to be dominated the India’s 74th republic day parade. In this context highlight the Significance Women in commands and discuss the challenges.

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  • The silent revolution of “Nari Shakti”

    revolution

    Context

    • On the occasion of the 75th year of India’s independence, the Prime Minister articulated a bold vision that in the coming 25 years, “Nari Shakti” would play a vital role in India’s socio-economic developmental journey.

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    Background: Status of women In India

    • Elevated status in ancient texts and thoughts: Culturally and mythologically, women have enjoyed an elevated status in India. For example, it is mentioned in the Kena Upanishad that it was the goddess Uma who enlightened the three powerful but ignorant gods, Indra, Vayu, and Agni, to the profound mystery of Brahman.
    • Experience of women in modern era is far from ideal: Women have faced discrimination in the household and at jobs, and for a long time, they were victims of political indifference and neglect.
    • Recognizing the Nari Shakti: In recent decades, “Nari Shakti” has been reasserted through micro and silent revolutions. There are some silent women-led changes transforming our society politically and economically But there is need to highlight the challenges that remain in women fulfilling their true potential as modern nation-builders of India.

    revolution

    Nari Shakti The silent revolution: Role of Women in Indian democracy

    • Gender gap in voter turnout is diminishing rapidly as women often exceeds male voter turnout: Research on women voters using historical data has revealed that since 2010, the gender gap in voter turnout has diminished significantly and the recent trends show women voter turnout often exceeds male voter turnout. This massive increase is a nationwide phenomenon and is also observed in less developed regions of the country where traditionally, the status of women has been significantly lower.
    • Dramatic increase in women contesting election particularly in panchayat level: Since 2010, many more women have been contesting elections. To put this in perspective, in the 1950s, in the state assembly elections, women contested elections in approximately 7 per cent of the constituencies, but by the 2010s, women were competing in 54 per cent of the constituencies. This is particularly remarkable at the grass roots panchayat level where 50 per cent seats have been reserved for women for over a decade now.

    Results of this positive change

    • Women voters can no longer be neglected or marginalized: A key implication of this is that women voters can no longer be marginalised or neglected; they demand respect and command attention.
    • Political entrepreneurs compelled to address women issues: This silent revolution has compelled political entrepreneurs and grounded leaders to design policies addressing issues that women care about. It is not surprising that some of the most dramatic policy changes concerning poverty reduction since 2015-16 have been in the form of networking of households across the nation through amenities such as cooking fuel, sanitation, water, and electricity. These are also the key drivers of long-term economic growth.
    • Rising women voters compelled political parties to make law and order a critical issue: In less developed regions where women and children have been the biggest victims of lawlessness, the silent revolution of rising women voters has compelled political parties to make law and order a critical political issue.
    • Positive response by political parties: Political parties and leaders are now responding to this by improving access and affordability to basic needs of ordinary people like amenities and infrastructure rather than focusing on the rhetoric of caste and communalism. This is in sharp contrast to the “democratic recession” that is being experienced in the rest of the world.

    revolution

    Challenges ahead

    • Women employment a biggest challenge: According to World Bank data, the female labour force participation rate has declined from 32 per cent in 2005 to 19 per cent in 2022. Labour force participation does not consider unpaid domestic services, which include household services such as taking care of the children and the elderly.
    • More hours spent is in unpaid domestic services: Our research based on data from the time use surveys in India in 2018–19 reveals that women in the age group of 25 to 59 years spend approximately seven hours daily in unpaid domestic services.
    • Double burden of working is one of the reasons behind decline of women labour participation: Double burden of working women perhaps is one of the critical reasons for the decline in the women’s labour force participation rate. In sharp contrast, working or non-working men in the same age group spend less than 45 minutes on unpaid domestic or caregiving services.
    • Declined fertility rate: Fertility rates have declined dramatically below the replacement rate, the share of the ageing population has increased, and there is an alarming increase in the percentage of kinless elderly.

    Did you know Baumol Cost Disease?

    • The care industry is labour-intensive and, therefore, subject to Baumol Cost Disease, implying that the cost of providing care would keep rising over time.

    Way ahead

    • On labour force participation: It is essential to look at the experience of advanced countries, where increased participation of women in the labour force has come at the expense of family structure.
    • On dynamics of household and elderly care, sharing burden by men is a necessity: If we want more women to participate in the labour force, and at the same time preserve the family structure, then men would have to share the burden of unpaid domestic services. This would require a break from tradition and the creation of new modern narratives and myths.

    revolution

    Conclusion

    • As India takes over the presidency of G20, it is an occasion to celebrate “Nari Shakti” and political empowerment a stupendous increase in women voter turnout in the decade has strengthened and made our democracy more progressive. Women’s political empowerment has been a bottom-up revolution in India and holds lessons for other countries.

    Mains question

    Q. Culturally and mythologically, women hold a high position in India. However, there are still challenges in women fulfilling their true potential as India’s modern nation-builders. Discuss.

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  • Marital rape, MTP Act and the Society

    Marital rapeContext

    • The recent Supreme court judgment expands the definition of rape to marital rape for the MTP Act. Marital rape is still not criminalised. If society does not accept “marital rape” as even a moral offence, how will a woman convince doctors to terminate her pregnancy based on the exception provided by the SC’s verdict.

    Background

    • The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP).

    What is Medical Termination of Pregnancy (MTP) Act?

    • Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971
    • The Act was amended in 2003 to enable women’s access to safe and legal abortion services.

    Marital rapeWhat are the Changes in Medical Termination of Pregnancy (MTP) Act, 2021?

    • The gestation limit: The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
    • Doctor’s approval: All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies up to 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
    • Contraceptive failure: Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
    • In case of fetal disability:  There is also no upper gestation limit for abortion in case of fetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

    What is marital rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Marital rapeStatistics on Marital rape in India

    • The NFHS-5 survey (2019-21):
    • The survey said that 32% of ever-married women have suffered spousal physical, sexual, or emotional violence, and 27% have suffered at least one form of violence.
    • Twenty-nine percent of ever- married women have experienced spousal physical violence and 14% have suffered emotional violence.
    • The form of sexual violence most commonly reported by women is that their husband used physical force to have sexual intercourse when they did not want to (5%).
    • Four per cent reported that their husband forced them with threats or in other ways to perform sexual acts they did not want to and 3% of them reported that their husband forced them to perform any sexual acts they did not want to.
    • Women in rural areas are more likely (34%) than women in urban areas (27%) to experience one or more forms of spousal violence.

    Why modern India still not accepting marital rape as a rape?

    • Definition: The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.
    • Non-Criminalization: Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.
    • Exemption: Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man. However, the provision contains a crucial exemption, Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
    • Marriage as perpetual consent: As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering marital relations. The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to sexual intercourse, and it cannot be otherwise.

    What is the link between marital rape and MTP Act?

    • The distinction and the cultural ethos: Married women have a different world attire, jewellery, rituals compared to widows or unmarried or deserted women .So is the right to sexual intercourse. In contrast, unmarried women do not have a right to sex. So what does the right to terminate pregnancy mean for them
    • Ownership of women’s sexuality: Unmarried women cannot have sex, married women cannot say no to sex because men own women’s sexuality. Husbands can use the legal remedy of restitution of conjugal rights against runaway wives. Ownership is integral here
    • Cause of Disharmony: An unmarried woman does not have an owner. It causes confusion and disorder. Women’s sexuality is seen as a cause of disharmony.

    Marital rapeWhy marital rape must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control of all matters relating to her body.
    • The recent judgment on the MTP Act has extended the definition of rape to marital rape which is a big step in the right direction.
    • However in a society with strong social norms and value systems every stakeholder should have more than a legitimate motive. It has to play an important role.

    Mains Question

    Q.While abortion is available under legal regulations in the country, Discuss the relationship between the Medical Termination of Pregnancy Act and Marital Rape.

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