Dissertation- Poorvi.pdf

CHAPTER-1 INTRODUCTION

The Constitution of India does not contain socialistic principle in the abstract sense. It is mentioned under the Directive Principle of State Policy. The word “socialist” was not incorporated initially in Constitution of India. It was included through an amendment to the Constitution. The reason for not inserting it directly was that, socialistic has a wider meaning and could be referred in a different sense and the country was not able to fulfill all the social need at once. The two hundred year of colonial rule had financially bankrupted the Indian state and its people. The idea of socialism came into being during the Independence and it was Pandit Jawaharlal Nehru who made it the agenda of the Congress as well. The social economic justice mentioned in the Preamble to the Constitution of India has been translated by the founding fathers of the Constitution in various provision of partIII and IV of the Constitution1. It is without a doubt that fundamental rights occupy a very important part in the constitution but for a common man, DPSP comes first as excellence comes only after existence. The whole concept of social economic justice is envisaged in part IV under DPSP. It can be called the most dynamic principal and a revolutionary concept. The principal of part IV can also be termed as social economic rights of the citizens. After the French revolution of 1789, it was realized that the political freedom would be impaired without the protection of social economic rights of the people.

1

"KesavanandaBharati Vs State Of Kerala And Ors (Page 3) — KesavanandaBharati Vs State Of Kerala And Ors — Supreme Court Judgments & Case Laws In India". Legalservicesindia.com. N. p., 2017.Web. 14 Jan. 2017.

1|Page

The principal formulated included free and compulsory education to children, a public health care system and higher education system, economic and social right to women, as well as scheduled caste, scheduled tribes, and other backward classes and religious minority along with adequate means of livelihood for all citizens linked to industrialization and agrarian reforms, equal pay for equal work for men and women proper working condition, protection against exploitation, reduction of the concentration of wealth means of production and economic inequality . The Supreme Court has played a greater role in upholding the social agenda. Although by and large, it cannot give direction to the government as it is the responsibility of the legislative to uphold socialist theory and bring it into force. India has borrowed the concept of directive principle From Ireland. The directive principle under the Irish constitution and non-cognizable, but that under the Indian Constitution is cognizable but not enforceable. 2The Directive Principles play a very constructive agenda and holding the social agenda. Whenever a country gets independence or formulates its own constitution, It talks about the development of all. But women in specific always had to face more hardship to attained such socioeconomic development, for them initially as it is a common fact that there was an identity crisis, it was only after this was overcome social economic issues came into picture and the government tried to overcome such lacunae in the society by bringing in new laws, schemes and the court through their judgement upheld the importance of Part IV of the constitution. In order to improve the social economic structure, it was important for the legislative to come up with legislation to uplift the social economic standard of those living in the country, especially women. The Constitution of India was drafted to uphold and paraphrase the struggle was not mere freedom but also attaining the goal of "human freedom in all majesty" 3 . This means evolving and protecting political and social order and create a material condition that citizen enjoy. Men are born free and equal in respect of rights. 2

Anand, Shivam. "Directive Principle Of State Policy". Academia.edu. N. p., 2017.Web. (14 Jan. 2017)

3

The Report of the Labour Commission on Labor Proposes Consolidation of Labor Laws (June 2002)

2|Page

The purpose of the civil association is the preservation of natural and imperceptible rights. The sanctity of human life is fundamental to human social values. In order to uplift the social condition, the condition of women had to be improved. The first improvement that the government thought of incorporating was the right to education. It was necessary to educate these women who were capable but socially and economically backward to afford the cost of education. The Constitution of India, under article 41 and 21A talks about providing education but nowhere talks about success in education. The state can ensure facility for education. The State in its capacity has introduced a number of schemes for development of education in the areas where people are economically incapable to pay for such education in order to ensure effective development of the schemes the process of execution is carried through NGO's. Another reason behind using such means for execution is to give autonomy and the freedom to take a quick decision in essential matters. The state has made schemes and the apex court from time to time has given decisions to encourage and facilitate a proper environment for the education of girls. Education is a tool that helps a person, develop not only in his mind but also in his behavior and thoughts. There are provisions related to work and education mentioned under chapter IV of the Constitution of India. The state has taken some measures for its application but due recognition has not been given to part IV with respect to socio- economic rights of women. There is little work in this area. The researcher aims to add to the field of academics a different perspective in the context of work and education in the light of Directive Principles of State Policy at a different level and add to the value of chapter IV in the legal fraternity and increase its ambit. It will also help the legislature in framing new laws, the executive in the implementation of those laws which are made especially for protection of women and the judiciary interpreting laws and deciding a case. A woman in order to get complete Independence and empowerment should also be economically independent.The right to work is the most precious Liberty a person can 3|Page

possess as it enables a person to live and the right to life is a precious freedom 4. It is not enough to just acknowledge that right to work but a safe environment should also be provided in order to facilitate the work. Security of work should be an assured to women so that they may contribute to the maximization of production. The security provided should be both physical and psychological. The constitution has also provided that there should be equal pay and the remuneration should not be differentiated on the basis of gender. Women should also be allowed maternity leave and other benefit related to it. A country like India is in need of women empowerment as the condition of women is not at par with men In the light of DPSP the researcher shall make an attempt to link education and the work and critically analyze it and to see that how far the state has been able to achieve social-economic justice for women and also analyzed the review and opinion on the acts and schemes formulated by the government for the benefit of women in the light of directive principle provided under Part IV, In the light of these provisions various legislations have been passed by the parliament but many of these registration have yet to be implemented in its true sense to give female of the Countries their legitimate right . The paper also intense to examine the approach of Judiciary towards implementation of the policy of social economic welfare with regards to the women

4

MadhuKishwar v. State of Bihar, Air 1996 SC 1864

4|Page

OBJECTIVE OF RESEARCH

The objective of the paper is to look into acts and schemes developed by the government with respect to work and education of women. Also to critically analyze both in the light of the directive principle of State Policy and that of

the underlying

principle and examining the efforts taken for the upliftment of women in the abovementioned areas and see how far it has been beneficial and lastly to analyze digital decision and see the use of part IV by judiciary in deciding the cases relating to work and education of women .

5|Page

RESEARCH QUESTION

The questions which have been taken in the consideration are: 

Whether the directive principle plays an important role in the development of woman in the welfare state?



What is the outcome of legislation made specifically related to work and education in the light of directive principle on the development of the social economic condition of women?



How far has the state been able to achieve social-economic justice for women and critical analysis of the same?



What is the approach of the Supreme court towards DPSP in deciding cases related to work and education of women?

6|Page

HYPOTHESIS

In the present scenario of developing world in the development of women is equally important, especially in sphere of work education .the directive principle of State Policy provide provisions related to work and education but they are not giving their due importance. Women issues are generally resolved on the basis of article 14 and 21 of the Indian Constitution but this study will help the state, legislature, Judiciary and executive to consider directive principle of State Policy while making, enforcing or interpreting any legislation.

7|Page

RESEARCH METHODOLOGY The researcher has used the Doctrinal method which is also known as the armchair method. The primary source of the data collection is the Indian statutes and the secondary sources include books, article and reports. The researcher will go through the primary and secondary sources and would critically apprised the current situation both in context of written laws and present situation and would attempt to point out the drawbacks in the same, if any and the suggest a solution

8|Page

CHAPTERISATION The paper is divided into 5 chapters. Chapter 1 is the introductory chapter which talks about the directive principle as given in the Constitution of India. Chapter 2 deals with the various employment rights of women in the country and what all issue that they face. Chapter 3 deals with the Education rights of women in India. Chapter 4 compromises the critical analysis of the situation as present in the country Chapter 5 is the conclusion and the suggestions

9|Page

CHAPTER -2 EMPLOYMENT RIGHTS OF WOMEN IN INDIA The following chapter talks about the employment rights of the women in India, what are the laws which are governing the same it also talk about what is the current scheme and plans to make it easier for the women to join the work force. Hunger, illness and disadvantage accompany every society5.In a developing country the problem of unemployment exists but apart from this problem exist a bigger issue which needs to be dealt strictly and that is the issue of exploitation. In a developing country poverty is a very important factor to be dealt with and especially in a country like India which has the second highest population in the world. In the shadow of poverty and population women and their need to be independent is generally neglected. Empowering and liberating women in order to make them independent would help in enhancing their capabilities. Women can be trained in different sectors and made economically independent in order to support themselves and their family. It is not that women have not been the part of labor force in India even in the colonial era women was involved in work but at lower level. Even in the industries involvement of women was lower. When the British left India they left the industrial sector in a rudimentary6 stage with verylittle scope for scientific experiments and huge socio-economic backwardness. After Independence the newly formed Republic of India thrived to uplift the socio-economic condition of the people of the country and specially that of women. To make women eligible for all kinds of work rather, dignified work, it was important to bring change in the social policies of the country. The system of un-touchability had to be removed. The government pursued a socialistoriented policy which ranged from urbanization and industrialization to development of agriculture. The country started on the base set up by the British. In order to generate employment in the scientific and technical sector and encourage participation of women in these sectors, educating women was very important. But in the era of poverty and under developed economy teaching girls was a 5

Katharine G. Young. Constituting Social and Economic rights 7 (Oxford University Press, New York 2012) 6 M. Klaveren and N R Martin. “An Overview of Work and Employment of women in India". Available at: http://www.ituc-csi.org/IMG/pdf/country_reposrt_No13-India_EN.pdf (last visited on March 12. 2017)

10 | P a g e

distant dream. The families who were not socially and economically backward were capable of sending women for education but the major problem lied in the rural India, which was poverty struck, followed a very rigid caste system and was orthodox in its thinking. The lower strata of the society which was fighting for two meals a day and dealing with outbreak of diseases like tuberculosis, chicken pox could not even think of getting a better job and education. For them existence came before excellence. 7 The section of society was also hit by the evil of discrimination. The condition of women was degraded and they were constantly fighting the battle for survival. These women in the absence of proper facilities for education and work in the newly born India mainly joined and formed a major pan of the lower level work force. The government in force mine up with laws to encourage employment of women in order to bring women enforcement. But the major risk was exploitation of women in the field or labor and work. They were given less salary than men. undue advantage of their innocence and ignorance was being taken. The industries which employed women lacked basic infrastructural facility like separate washrooms for female workers. In this chapter the researcher intends to discuss the labor laws related to women, maternity benefits given to them and the concept of equal work and equal pay. This chapter on work has a nexus with the chapter on education where primary and secondary education has been discussed, thus labor and work related to primary and secondary education shall be discussed in this chapter. Apart from the schemes and statues the researcher also intends to discuss the cooperatives like AMUL formed for giving employment to women and also those enterprises which are in the form of cottage industries or small scale industries.

In the early stages of industrialization, that during the period of British Raj or the colonial era.The working class of Indian society, were highly discriminated and lacked self-determination.

They lacked status in the society and were exploited chiefly

ParamjitS.Jaswal, Directive Principles Jurisprudence 307(APH Publishing Corporation, New Delhi, 1996) 7

11 | P a g e

because of illiteracy and disunity. The new independent Republic of India lacked employment opportunities in the field of employment and there was a huge mass left unemployed and willing to do the job at any possible wage. The concept of adequate money for the work or minimum wage concept was out of question. It was due to this reason that the workmen had no power of bargain. The workmen worked in unhealthy conditions which led to outbreak of various diseases. With the constant influx of labor from rural areas to urbanism in search of employment in factories the problem became more acute.8 The world war was in fashion and this led to high rise in the demand of consumer goods. The production also enhanced and the demand for labor rose. This led to thedemand for a more organized sector of workmen. Gradually the demand for better wages and better working condition arose. This is when the government also thought of enacting laws to curb the growing menace of exploitation in this field. The Factories Act was enacted to provide safety, health and welfare to the employees. The Workmen Compensation Act was brought into force to give them financial benefit. Trade Unions came into being. After independence serious efforts were made from protecting the working class form exploitation. A spate of legislation ensued. The constitution ensured social, economic and political justice. When the three lists were made under schedule VII. labor was placed under the concurrent list. It meant two things, first that laws regarding labor could be made both by the union and the state and second that any law if made by the state was found to be repugnant of the central law then in that case the central was to be given more importance. The executive power of the state with respect to labor laws was restricted to ensure compliance with laws made by the Parliament. 2.1 FUNDAMENTAL RIGHTS AND LABOUR RIGHTS OF WOMEN The Constitution of India under Article 14 9,provided that no person shall be denied equality before law and equal protection of law. The article provides that in matters of 8

‘ S.L Agarwal, Labor Relation Law in India 55 [South Asia Books. New Delhi. 1980) The Constitution of India, art. 14: The State shall not deny to any person equality before the law or the equal protection of the Laws within the territory of India Prohibition of discrimination on grounds of religion,race,caste. sex or place of birth. 9

12 | P a g e

employment or appointment, under the state a person shall not be denied equality of opportunity. When the country got independence the condition of women was at a very fragile state as pro-independence they were one of the classes exploited badly by the British. They were the most suppressed, violated, exploited and troubled. The purpose of Article 14 could not have been solved on its Own when looked from the angle of achieving women‘s development. Article 15(3)10, generally referred as the exception to article l4 acted as the requisite supplement. If read together it implied that the state was bound to give equal protection of law to women along with men and in case that did not suffice that is to say that by bringing equality if women were not able to use their right then the state had the power to make special provisions to women for women in order to provide them with their well-deserved legitimate right in order to bring in the practical aspect of women empowerment. A provision like this was very necessary as to fight for one's right one first needs to know the right. The condition of women was even worse and they were socially, educationally and economically backward. They were dependent on the paternalistic society to fulfill their needs of food, clothes and shelter. Article 15(3) talks about protective discrimination. Article 15(3) is also supported by the United Nation guidelines. The United nation always promotes and talks about equality of sexes in respect of the basic human rights but still it does not consider the protective measure in favor of women as discriminatory against others. Article 10.3 of the Declaration of Elimination against Women, 1967 says, “...Measures taken to protect women in certain types of work for reason inherent in their physical nature shall not be regarded as discriminatory".11 The State under the ambit of 15(3) can make provisions to improve women‘s participation all sorts of activities under the supervision of the state.12The state can do so either by taking some affirmative action or by reservation. The Court with regards to Article 15(3) said that this provision was mainly used as an 10

The Constitution of India, art. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; (3) Nothing in this article shall pm eat the State from making any special provision for women and children. 11

D.D.Basu, Commentary on the Constitution of India 2737 (Butterworth and Wadwa. Nagpur. 9“ edn.. 2014) 12 Note: In this chapter the researcher intends to focus on activities involving work. labor and employment

13 | P a g e

affirmative action and not a provision for reservation. The Court further added that this provision can be used only at the initial level. The specific provision of Article 15(3) would prevail in any case, when there arose a conflict with the general provision of Article 14.13 As already discussed, labor is a matter concurrent list and the Centre as well as the State both could make laws on this. The State of Andhra Pradesh came up With A.P State and Subordinate Rules which said that where men and women were equal preference would be given to women other things being equal in selection of direct recruitment up to an extent of 30 percent of certain specified post. 14 When this was challenged the court held that it was an affirmative action and wasprotected under Article 15(3) and not violative of Article 14, 16(2)15 and 16(4) 16as it was not a case of reservation.17 The Supreme Court in this case further added that: 18 The insertion of clause (3) under Article 15 in relation to women it a recognition or the fact that for centuries women of the country have been socially and economically handicapped. As a result, they are unable to participate in the socio-economic activity of the nation on the footing of equality. it is in order to eliminate this socio-economic backwardness and hence in a manner that would that would bring about effective equality between men and women that Art. 15(3) is placed in Article 15. Its object in to strengthen and improve the status of women. The Supreme Court also held that equal pay for equal work is based on the principle of equality embodied under Article 14 of the Constitution of India which also finds a provision in The Equal Remuneration Act, 1976 and both men and women are to be

13

Yusuf v. State of Bombay,1954 SCR 930: AIR 1954 SC 321 D.D.Basu, Commentary on the Constitution of India 2737 (Butterworth and Wadwa. Nagpur. 9“ edn.. 2014) 15 The Constitution of India, art 16(3): No citizen shall. on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. be ineligible for or discriminated in respect of employment or office under the state. 14

16

The Constitution of India, art. 16(4): Nothing in this article shall prevent the Sate from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State is not adequately represented in the services under the State. 17

Govt. of A.P v.P.B.Vijaya Kumar, AIR 1995 SC 1648

18

Ibid.

14 | P a g e

treated equally. In the case of MacKinnonMacKenzie and Company v. Audrey D' Costa19 a lady stenographer filed a suit saying the Equal Remuneration Act came into force when she was working still she was paid way less than the stenographers of the male sex. She claimed that she was entitled to recover the difference. The court said that To implement Art.39 (d) ofthe Constitution of India and Equal Remuneration Convention.

1951(adopted

by

International

Labor

Organization),

the

Equal

Remuneration Act, 1976 came to be enacted providing for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground ofsex against women in the matter of employment and for matters connected therewith are incidental thereto. the court ordered the company to pay equal remuneration irrespective of sex. In another case20rule granting special allowance to women principle working in a wing of Punjab Educational Services was challenged on the ground that their male counterpart were not given the same benefit of the both performed same functions and at identical posts. The validity of the rule was challenged under article 16(2). Punjab and Haryana High Court rejected the contention holding that the rule is saved by virtue of article 15(3). It was further held that article 15(3) could be used to constraint and determine the expected Ambit of article 16 (2). In the case of Raghuvansh Singh vs State of Punjab21 a question was raised whether women could be excluded from being appointed as a superintendent of jail in men's jail. As per the rule women could be appointed only as matrons or clerk in the men’s jail. The court rejected the contention and held that “if sex added variety of other factors and considerations from a reasonable norm for object of classification. It was not just guaranteeing equal pay that solved the problem monitoring the work place for making it safe for women was also important. A three judge bench in the case

19

AIR 1987 SC1281 Raghubanshsingh V. State of Punjab, AIR1972 P&H 372. 21 AIR1972 P&H 372 20

15 | P a g e

of Vishakha v. State of Rajasthan22 made a significant contribution towards evolving the code against sexual harassment. It was observed that, “the primary responsibility for ensuring such safety and dignity through suitable legislation and creation of a mechanism for its enforcement is of the legislative and the executive." The court added that a need to implement the International convention was brought to check and provide effective measure to overcome the menace of sexualharassment of women at work places. In the case of Apparel Export Promotion Council v.A.k . Chopra 23 the appellant was a secretary to the chairman of the company and at the time when cause of action arose she was working as a clerk cum typist. Jim question in this case was whether physical contact is required to charge the issue of molestation and sexual harassment at work. The court said that sexual harassment is a form of sexual discrimination. It was said that each incident of sexual harassment of a female worker at work place is a violation of fundamental rights to gender equality and right to life and personal liberty. It is incompatible with dignity and honor of a female and should be eliminated. In the case of C. B Muthamma v. Union of India24a female senior member of the field a complaint saying that she was dented promotion as there was long standing provision of hostility towards women in the organization. She also accused the Union member of gender discrimination. She challenged the practice going in the organization on the tenets of Article 14 and 16. The three appeal judges presented unanimous findings. JK lyer Krishna delivered the decision, first cementing that: ..sex prejudice against the Indian womanhood pervades the service rules even a third of a century after Freedom. There is some basis for the charge of bias in the rules and this makes the ominous indifference of the executive to bring about the banishment of discrimination in the heritage of same rules. If high officials lose hopes of equal justice under the rules, the legal lot of the little Indian, already priced out of the expensive judicial market, is best left to guess.

22

AIR 1997 SC 3011 AIR 1999 SC625: (1999) 1SCC 759 24 AIR 1979 SC 1868 23

16 | P a g e

If a woman member shall obtain the permission of Government before the marriage, the same risk is run by Government if a male member contracts a marriage. If the family and domestic commitments of a woman member of the service is likely to come in the wav of efficient discharge of duties, a similar situation may well arise in the case of a male member If a married man has a right, a married woman, other things being equal, stands on no worse footing. Freedom is indivisible, so is justice. 25" The Court found that, since of the rules in question had been or where in the process of deletion, there was no need to address or attack them. In addition, the petitioner had been promoted subsequent to her complaint, so further examination of it was pointless. The Court also noted that: “The Central Government states that although the petitioner was not found meritorious enough for promotion some months ago, she has been found to be good now, has been upgraded and appointed as Ambassador of India to The Hague, for what that is worth. 26 " The Court dismissed the petition but directed the Government to review the petitioner’s case in light of the only remaining element of her complaint that relating to the promotion of people Junior to her. The Court emphasized the need to overhaul all service rules to remove discrimination.

2.2 DIRECTIVE PRINCIPLES AND LABOUR RIGHTS OF WOMEN

The Constitution under Part IV enunciates the Directive Principles of State Policy, which though not enforceable by any court are nevertheless fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws from time to time. The Directive Principles are important in general but for the purpose of this chapter Article 41 27, 42 28 and 4329 are more relevant as they

25

C. B Muthamma v. Union of India, AIR 1979 SC 1868 Ibid 27 The Constitution of India, art 41: The State shall, within the limits of 'its economic capacity and 26

developments, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment. old age, sickness and disablement, and in other uses of undeserved want.

17 | P a g e

assure certain benefits to the working class. Article 41 provides that the state within its economic capacity should provide effective provisions for right to work. Article 42 makes provision for securing just and humane conditions at work and Article 43 assures a living wage and decent standard of living to all workers 30 . The legislature made legislations; the farmer of the Constitution put their blood and sweats into formation of the constitution. Article 43 A was inserted in the Constitution by the 42 nd Amendment. When the legal system came in the hands of the Indians the legislature tried to make laws for security of people. The Employee State Insurance Scheme was adopted in 1948 to cover all employees manual, clerical, and supervisory and those engaged by or through contractors. The Scheme intended to prevent workers from falling into poverty and aimed at providing adequate benefits to the insured on a compulsory basis in the time of emergency. In other words the scheme was made with a view of providing some sort of Social security. Unfortunately owing to the economic conditions of the country it was not feasible for a complete state funded system of social security. The employers also participated in it. Article 41 is a part of Chapter IV of the Constitution which means that it is not enforceable. The right to work is mentioned under it. Though it is not justifiable right.the Apex court by making certain deductions has made it meaningful bearing in mind the goal of socio-economic Justice as laid down in the Preamble

28

to the

The Constitution of India, art. 42: The State shall make provision for securing just and humane

conditions of work and for maternity relief. 29

The Constitution of India, art 43: The State shall endeavor to secure, by suitable legislation or

economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage. conditions of work ensuring a decent standard ethic and full enjoyment of leisure and social and cultural opportunities and. in particular, the State shall endeavor to promote cottage industries on an individual or co operative basis in rural areas. 30

S.L Agrawal, Constitutional Developments since Independence l2 (Deep and Deep Publication. New

Delhi,l975)

18 | P a g e

Constitution31." In the case of Daily Casual Labor employed under P and T Department v. Union of India32 the court said two things (i) According to Article 36 and, Article 41 is a mandate both to the legislature and the courts and the court so interpret the statue or a subordinate legislation, if the language permits as will advance the scope of Article 41 33. (ii) Job security is an ingredient to Right to work, read in the light of socio economic justice.34 It is the duty of the court to examine that the government does not employ labor for a fairly long time and then terminates them without any reason. in such cases the court may issue direction to the Government to regularize employees 35. If we look into the underlying principle behind this article it would reveal that this provision directs constitutional functionaries to evolve schemes and policies for development of work 36. In the case of AIIMS Students ' Union v. AIIMS (2002)37 the question was regarding training of research workers and teachers for effective education. The SC said that Article 41 obliges the State to make effective provision forsecuring the right to work. The case is linked to education as well as work. The part of work is related to teachers and researcher workers who should be provided training to their work effectively and efficiently whereas the education of children is completely dependent upon the effective teaching by these trained teachers. Article 42 provides for provisions like maternity benefit and just and humane conditions at work. In the case of Municipal Corporation of Delhi v. Female Workers' (Muster Roll)38 the court held that all women either working on casual basis or muster roll basis or daily basis were entitled to maternity leave and not just those who are in regular 31

D.D Basu, Shorter Consttution of india 644 (lexis nexis Butterworth Wadhwa, New Delhi, 14 thedn., 2008). 32 (1988) 1 SCC 122. 33 Jacob M. Puthuparambil v. Kerala Water Authority (1991) 1 SCC 28. 34 Daily Casual Labour employed under P and T Department v. Union of India (1998) 1 SCC 122 35 Ibid. 36 Ahmadabad Municipal Corporation v. Nawab Khan Gulab Khan, AIR 1997 SC 152 37 AIR 2001 SC3262 38 (2005) 3 SCC 401,408

19 | P a g e

employment. Discipline at work is the sine qua non for efficient working of the organization39. When employee breaches such discipline and the employer terminates his services it is not open to a Labor Court of Industrial Tribunal to take into view that punishment is shockingly misappropriate and disproportionate to the charge proved. 40 Article 43 is relied upon to hold reasonableness of the restrictions imposed by the Minimum Wages Act. 1948 upon fundamental right of business guaranteed by Article 19(1) (g)41 to condemn labor practices42. The provisions of Maternity Benefit Act, l961 entitling maternity leave to women engaged on casual basis or on muster roll basis on daily basis and not only to those in regular employment are wholly in consonance with Article 4343. These provisions aim at establishing a socialist state as envisaged by the Preamble to the Constitution of India, which would endeavor to secure decent standard of life and economic security to working people

44

In the case of Bombay Labor Union v. International Franchise 45 the respondent company was a pharmaceutical company and had a clause in its packaging and labeling department to terminate a female employee when she gets married. The matter was referred to the industrial tribunal first which said that the rule was justified. The appeal was filed by a special leave petition and the court held that there was nothing to show that married women would take more leave than un-unmarried women or widow other than maternity leave. Marriage is two way process and it cannot make a woman less efficient. If by marriage women become inefficient then the same applies to men. The case was not covered under the Fundamental Rights thus the court decided it by taking the DPSP into consideration. The court said the need for uplifment of women in the society was felt and it cannot be stopped by make false regulations. Such a norm was unjustified and the appeal was allowed.

39

Supra note 27 at 646 M.P. Electricity Board v. Jagdish Chandra Sharma (205) 3SCC401 41 Chandra Bhavan Boarding v State of Mysore, AIR 1970 SC 2042 42 Eveready Company v. Labor Court, AIR 1963 all 497 43 Municipal Corporation of Delhi v. Female Workers’ (Muster Roll), AIR 2000 SC 1274 44 Nakra D.S v. Uninon of India, Air 1983 SC 130 45 AIR 1966 SC 942 40

20 | P a g e

The case of Air India v. Nargesh Meerza46 is a very important case which shows the initial View of the Supreme Court. The case was decided on the basis of Article l4 and Directive Principles were not given due importance. The SC ruled against the contention of air hostesses and said that the norm requiring them to retire in case of marriage or pregnancy et al was valid. Air Hostess were supposed to resign in case they got married within four years or became pregnant or reached the age of 35 years. The court held that the provisions were valid and discrimination was not alone on the grounds of sex. But later in the case of Air India Cabin Crew Association v. Yeshawinee Merchant AndOrs. (2003)47 the court took a completely different stand and said that an airhostess can fly till she wants. This case is a true example of judicial spirit where the judiciary took note of the condition of women and decided in their favor.

2.3 NATIONAL COMMISSION ON LABOUR AND WOMEN The Census of India and the National Sample Survey organization are the two main sources of data on women‘s employment 48 but two have two different definitions of work the census defines work as any activity which yields economic benefits or is economically productive. It is true that the government is making legislations to encourage participation of women in the workforce but it cannot be ensured merely by making opportunities available. The legal as well as the social system needs to consider the extra responsibilities which women bear in the society. The demand of nutritional requirements during maternity, extra hours devoted towards infant, her health and physical well-being have to receive full attention from the society. But an ulterior View is seen instead of taking these extra responsibilities into consideration in order to help women; they are used to deny equal status of wiener to them, The Human Development report of 1996 mentioned that gender related development index is lower than human development index.49Gender gap in economic

46

AIR 1981 SC 1829 (2003) (LS) SC 840 48 Government of India, Report of the National Commission on Labor (New Delhi 2002) 49 Ibid 47

21 | P a g e

and political participation is limited for women. 50 The report says that anyone who works for more than six months is considered to be a worker but women who works daily as a housekeep are never considered as worker rather unpaid workers. 51 It is estimated that unpaid household work by women, if properly evaluated would as a third to global production. The report said “Even when women are remunerated for their work their contribution is undervalued. In Formal employment women earn significantly less than men in every country having data and in the informal sector their earnings at times reach only one third to a half of a men, like Malaysia and Latin America.”52 As per the report of the Commission women have contributed to the labor sector and have adjusted beyond imagination to help the household but the data on their work is not recorded. This is not one country but a phenomenon which prevails over every country (especially developing countries). The participation of women is difficult to determine in the absence of statistical data. This shows negative attitude of the nations towards organizing the women labor sector. The Report has discussed the role of women in liberalizing economy. It has divided the economy into sectors namely primary. secondary, tertiary. service and agriculture. Globalization And Its Effect On Women The Commission under this heading discussed the effect of globalization and liberalization on workforce; labor market and industry Globalization has both a negative and positive effect women. Some people are anti globalization and not favoring women workers the other is just the opposite. At some level liberalization has led to job loss in the public sector it has also introduced new jobs in the private domain increasing the demand for new skills. This variation of opportunity is clearly visible in females. Women with better education metropolitan received greater benefits when compared to

50

Ibid at 36 Ibid at 37 52 Ibid 51

22 | P a g e

women with rural background education and lack of resources The report describes the sectors as follows:53 Primary Sector The Primary sector deals with livestock. Forestry and husbandry the secondary rector includes food processing, textiles, beedi rolling and home based industrial works. The tertiary sector includes vendors, health workers, construction workers and contracted labour.

The Primary sector was affected by the advent of globalization in the country The consciousness towards the environment has increased, increasing the tree cover. Export of timber and natural products are in demand. Not much has changed in this area as forest is controlled by the state thus: liberalization had no or very little effect on it in case of livestock to the rural India, it has always been seen as the women‘s work. The monetary benefit arising out of this is due to the contribution women but it again is seen as her duty and remains unpaid for this job as well. India is the home of largest livestock population and has great prospects to the market of milk and dairy products. The main concern in case of policy matters is to recognize the effort and work of women in this area. Another sad event is that a large number of women work on agriculture land but rarely it is seen that they own resources as well. The report of the Commission says; "Women Development Report 1996 also says that women have fewer opportunity to secure livelihood due to constrain on land ownership. " The sad fate is that majority of them work as unpaid laborers on family land. In agriculture women generally do monotonous and low paying works like weeding, transplanting, winnowing,

threshing and harvesting. The increased commercial and mechanized

farming has led to displacement of women workers from the agricultural field.

53

Supra note 26 at 951

23 | P a g e

Secondary Sector In the secondary sector the small sector is included. The government of India ever since the day of independence has been small scale industries. In order to promote these Industries the government also provides them with subsidy and gives such industries tax benefit to the form of exemption. The beedi rolling industry is the area on which most women workers are found. This again is a low paying job and moreover it is hazardous to health. The health problems also extend to the family of these women. But the fate of this market is also dull. Tobacco regulations across the world are proving adverse for this industry and the workers mostly women are always in under threat of losing their job The craft sector is one good market and the advent of globalization has helped this market grow This sector can be sub divided into wearing, knitting, jewelry, pottery et al. These areas are generally women oriented. There is a need to promote skills in this area for the upliftment of the condition of women. This area includes a large number of women and is not hazardous like the beedi industry. The food processing sector is another sector which Involves women in great number and is providing employment opportunities to them. The textile and garment industry is another huge employer of women specially the canon, textile and handloom industry But a cause of concern in this area is the lack of cotton yarn which is affecting the industry and the workers in theindustry. The garment sector has positive effects of globalization on it and is one of the fast growing consumer industries. Tertiary Sector The tertiary sector is mother field where women work to get economic independence. The construction sector developed a lot after globalization. Advanced new technology and machinery made the job easier and opened new beginnings rather new job openings for women. In this area women generally work on daily wages and do not do skilled labour they generally form a part of the unskilled workforce .Street vending and rag picking are other areas where both urban and rural women are engaged Due to globalization the demand and work load of vendors has Increased to a considerable limit and in this area women work independently and earn better.

24 | P a g e

Service Sector The service sector can be understood as the sector which includes house helpers,tuition teachers, dabbawalas and those who are not much organized and their work has increased and is continuing to grow. The rapid expansion of this sector has raised the demand for new type of jobs especially for women. In this sector women act as home makers who go and cook meals or take tuitions The need for domestic helpers has also increased in the urban pan of the country There is scope in this area for female workers but in the absence of proper guideline to regulate this sector the female workers are at times subjected to mental and physical abuse and are also given low wages.

2.4 PROVISIONS FOR THE PROTECTION OF WOMEN UNDER LABOUR LAW Under the Industrial laws good has been taken to draft laws in order to protect women from any kind of harassment or assault. An attempt has been made to create a safe and secure place of work for women. Many acts were enacted during the British period and some ware enacted after the independence. The reason behind bringing this act into force was to increase the working efficiency of women. The main aim was to increase the participation of women in the work force for two reasons that were to make women empowered and include rather seize their participation in the work force. The Factories Act, 1948 The labour laws within themselves include many laws. the factory act is a part of it. The act deals with issues of safety both mental and physical. It is a welfare legislation meant to encourage participation of women in the work force. The Act lays down measures to be adopted tor health, safety, work environment, hygiene et al.. These measures have to be

followed

strictly

else

there

can

be

adverse

consequence.

25 | P a g e

Provisions for welfare of women:



Prohibition of employment of women during night hours.



Prohibition of work in hazardous occupations.



Prohibition of employment of women in pressing cotton where a cotton opener is at work.



Fixation of daily hours of work at nine.



Fixation of maximum permissible load.



Provision for crèche.

The Act provides that in any factory where the number of women is above thirty then there should be a facility of crèche. No matter how much the society grows in its thinking, it remains the duty of a woman to take care of children and the family. Thus, it becomes necessary to provides such remedies in order to help women take care of their children even when they are at work. The Act provides for the facility of crèchefor children below the age of six years. The Act also talks about cleanliness and an environment free from effluvia free from arising from any drain, privy or other nuisance.54 The Act in relation to health and hygiene provides for proper disposal of wastes55. The Act says that “effective arrangements shall be made in every factory for treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous and for their disposal. " The Act also contains provisions for proper ventilation and well managed infrastructure, sufficient lighting, spittoons. The Act provides for separate enclosed urinals and latrines for men and women.56 The act also provides for washing and bathing facilities and in addition in every factory where the number of workers in above 150 there should be facility of restrooms.

54

Factories Act, 1948, section 11 (Act no. 63 of 1948) Factories Act, 1948, section 12 56 Factories Act, 1948, section 19 55

26 | P a g e

The Employees ' State Insurance Act.I 948 The Employees' State Insurance Act, one of the most important social legislation in India. The Act was enacted in order to provide for a mechanism to deal and benefit in times of contingencies. The Act provides great benefit to women. Insured women workers get compensated rather get benefits like, sickness benefit, and disablement benefit, medical and maternity benefit. In addition benefits are also given for miscarriage, confinement, any sort of sickness arising

out of pregnancy. Insured

women workers also get funeral benefit. There is a stipulation for paying the maternity benefit that insured women should not work for remuneration in these days of which the benefit is paid. The Act prescribes that in any unfortunate event where an insured woman passes away then her nominee would get the benefit. The Act provides for a scheme where both the employer as well as the employee contributes towards the insurance Corporation which runs hospitals and dispensaries localities where such work is carried out The Act provides for free medical facility. Many a time to the course of employment the workers catch some occupational disease. Such medical issue is also compensated.

The Maternity Benefit Act, 1961 The object of maternity leave and benefit is to protect the dignity of motherhood by providing for a safe and clean environment for maintenance. Economic dependence of women is what gives rise to their subordination in society today. Hence to remove such subordination and lay the foundation of equality women too must be made economically independent and must take an active role in all all the sector of business today. Problem faced by women in the economic sphere of life are mostly relating to unequal wages and discrimination resulting from their biological role in nature of childbearing. To curb such problems and protect the economic right of women the 27 | P a g e

legislature introduced the Equal Remuneration Act, 1976 and Maternity Benefit Act. 1961.

A maternity benefit is one that every woman shall be entitled to, and her

employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of average daily wages for the period of her actual absence. The Maternity Benefit Act aims to regulate of employment of women in certain establishment for certain periods before and after childbirth and provides for maternity and certain benefits. Women can claim benefits under the act everywhere except in factories and the other establishment where the Employee's State Insurance Act is applicable. Women who are employed whether directly or through a connector, have actually worked in the establishment for a period of at least 80 days during the 12 months are eligible to claim the benefits under this act. Cash benefits to women who are absent from work during the maternity leave, are not be less than two-third of her previous earnings. Discharge or dismissal during maternity leave is considered to be void. When pregnant women absents herself from work in accordance with the provision of this act, it shall be unlawful tor her employer to discharge or dismiss her during, or on account of, such absence, or give notice of discharge or dismissal in such a day that notice will expire during such absence or vary to her disadvantage any of the conditions of her services. Dismissal or discharge of a pregnant woman shall not disentitle her to the maternity benefit or medical bonus allowable under the act except if it was on some other ground. Failure to pay maternity benefits or discharge or unemployment of woman due to maternity Will result to imprisonment of the employer for not less than three months which may extend to one year and a fine of rupees two hundred which may extend to five thousand. In Air India v. Nargesh Mirza 57 the Supreme Court struck down the provision of tiles which stipulated termination of service of an air hostess on her first pregnancy as it arbitrary and abhorrent to the notions of a civilized society. The ongoing argument in some circles is that the wage differential between women and men is caused by the need to compensate the higher labor costs employers incur by hiring women, in accordance with special laws to protect maternity. Employers prefer to hire a male instead of female, without the burden of these additional monetary costs. This is however not enough as many employers do not 57

Supra note 44

28 | P a g e

hire married women or dismiss them before pregnancy. The act provides some protection to women economically especially today in an age where single mothers are becoming more prevalent it gives them stability in their lives to have their wages and the security of returning to a steady job. My personal views are that this act is not enough to guarantee women equality and economic security but it is definitely a starting step and though there are several bridges to cross.

The Equal Remuneration Act, 1976 Equal pay for equal work for women and men is a vital subject of great concern to society in general and employees in particular. There was a common belief that women are physically weak and should be paid less than their male counter parts for the same piece of work. Women all over the world, had till recently been very much in articulate and were prepared to accept lower wages even when they were employed on the same jobs as men. Even in the economically and socially advanced countries where remarkable progress has been made, discrimination still exists. In India, in the initial stages when legislation for the protection of workers was hardly thought of, factory owners taking advantage of the backwardness and poverty, recruited women on a large scale at lower wages and made them work under inhuman condition. International Labor Organization has evolved several conventions to provide protection to employed women. A number of ILO conventions have been ratified by India and some of these though not ratified have been accepted in principle. The principle of ILO has been incorporated in the constitution of India in the form of Article 39, which directs the states to secure equal pay for equal work for both men and women. To give effect to this constitutional provision the parliament enacted the Equal Remuneration Act, 1975.

Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation

29 | P a g e

regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of labor and the Central Advisory Committee.

The Workmen Compensation Act, 1923 In any industrial society the problem of labor management relations becomes so important that some sort of social insurance becomes necessary to provide adequate protection from losses caused to the laborers’ by accidents. With a view to improve the condition of the workmen some social insurance legislations have been enacted. The Workmen‘s Compensation Act 1923 is one of the earliest pieces of labor legislation, adopted to benefit the laborers. It covers all cases of accident ‘arising out of and in the course of employment’ and the rate of compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of earning capacity; The younger the worker and the higher the wage, the greater is the compensation subject to a limit. The amount of compensation payable depends in case of death on the average monthly wages of the deceased workman and in case of an injured workman both on the average monthly wages and the nature of disablement. The Act intended to ensure the rehabilitation of the workman himself or of his dependent. The dependent can claim compensation in both cases i.e. death or injury. This law applies to the unorganized sectors and to those in the organized sectors who are not covered by the Employees State Insurance Act, 1948 which is conceptually considered to be superior to the Workmen’s Compensation Act.

The MinimumWages Act, 1948 The minimum wages Act was passed for the welfare of labors. This Act has been enacted to secure the welfare of the workers in a competitive market by providing for a 30 | P a g e

minimum limit of wages in certain employments. The Act provides for fixation by the central government of minimum wages for employments detailed in the schedule of the Act and carried on by or under the authority of the central government, by railway administrative or in relation to a mine, oilfield or major port, or any corporation established by a central Act, and by the state government for other employments covered by the schedule of the Act. The object of this Act is to prevent exploitation of the workers and for this purpose it aims at fixation of minimum wages which employer must pay. The Act contemplates that minimum wages rates must ensure not only the mere physical need of the worker which would keep him just above starvation but must ensure for him not only his subsistence and that of his family but also preserve his efficiency as worker. It would therefore, provide not merely for the bare subsistence of his life but the preservation of the workers and so must provide for some measure of education, medical requirements and amenities.

National Rural Employment Guarantee Act, 2005 Recently, the Government of India enacted National Rural Employment Guarantee Act whereby anyone who is willing to provide manual unskilled labor will be offered wage employment for 100 days. This Act provides the enhancement of the livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work. Priority is given to women in the allocation of work. Gender equality is one of the core elements of this poverty reduction plan which stipulates that at least one third of the labor force should be women with equal wages for both men and women. Various gender related objectives such as provision of hygienic work environments, safe drinking water, and childcare facilities at the work site, distance of work place not exceeding two miles from home, health care and nutrition are emphasized. Women engaged in agricultural farming have to spend long hours under the hot sun but are invariably paid less than their male counterparts. Women’s participation in the labor force with no wage discrimination and 31 | P a g e

direct control of resources and assets can substantially enhance her health, child welfare and socioeconomic status. This employment policy if properly implemented can certainly bring momentous changes in the lives of women. The employment scheme undoubtedly has a positive impact on gender equity and power equation within the household. An alternative model of development must focus on the enhancement of living standards of rural India where majority of the population resides.

2.5 SCHEMES DEVELOPED BY THE GOVERNMENT

The Government of India has provided for several other schemes to help empowerment of women. The Ministry of Women and Child Development is implementing various schemes for women’s economic empowerment namely Priyadarshini Scheme speaks about:58 A Self Help Group (SHG) based project implemented by the Ministry for holistic empowerment of women and adolescent girls. The actual implementation of the scheme was started in April, 2011. The scheme is being implemented in 7 districts of Uttar Pradesh and Bihar. Since inception, 56738 beneficiaries have been covered under Priyadarshini scheme. Rashtriya Mahila Kosh This scheme was set up in 1993 to meet the credit requirement of who were economically backward and was a part of the informal sector and their income was mainly from doing household activities. Since its inception and till 31.1.2013. RMK has

sanctioned

Rs.

342,90

crore microfinance loans and released Rs. 278.89 crore benefiting over 7.19 lakh poor

58

Priyadarshini Scheme, available at : hnp://pib.nic.in/newsite/PrintReleuse.aspx?relid-93123 (last visited on March 23 2017

32 | P a g e

women beneficiaries.59

Support to Training& Employment Program for Women The Ministry has been administering the Support to Training and Employment Program for Women (STEP) as a Central Sector Scheme since 1986-87. The aim of the scheme was to provide sustainable development by sustainable employment for the marginalized group of women who had negligent economic security. During last ten years, 3.90 lakh women beneficiaries have been benefitted under the STEP Scheme 60 National Mission for Empowerment of Women It is it scheme developed with the intention of empowerment of women. It focuses on inter sectoral convergence of employment. Indira Gandhi MatritvaSahyogYojana

61

It is a Conditional Cash Transfer scheme for pregnant and lactating (P&L) women introduced in the October 2010 to contribute to better enabling environment by providing cash incentives for improved health and nutrition to pregnant and have been nursing mothers. 6.74 lakh women beneficiaries have been covered under the GMSY scheme since inception. In this chapter we have seen that government has tried to make it easier and more viable for the women to join the workforce the Indian Judiciary has also played an important role in ensuring that no injustice is faced by them

59

Ibid Ibid 61 Ibid 60

33 | P a g e

CHAPTER-3 EDUCATION RIGHTS OF WOMEN IN INDIA "Education is the most important single factor in achieving rapid economic development and technological progress and in social order founded on values of freedom, social justice and equal opportunity. Programs of education lie at the base of the effort to forge the bonds of common citizenship, to harness the energies of the people and to develop the natural and human resources of every part of the country". 62 In the following chapter the researcher has focused on the current system, laws, schemes and the recent status of the education which is availed by the fairer se of this country. The Socialist nation of ours among other things 'envisages that the benefit of education must spread among the citizens in equal measure. The equal measure of socialism has always been differentiated on the basis of caste. It is very few times that women are included in this equal measure. The females of the society also form a class which is need of development with regards to education. The fruits of democracy cannot be realized without the ignorance and apathy which stem to a large extent from illiteracy, especially female illiteracy. 63 AcharayaVinobha Bhave has linked education with defense and said that it is a social and national goal as well as an individual goal. 64 The Directive Principles have been classified into four principles one of them being the "Social and Economic Principle”65, Article 41 of Part IV which states66

62

G.S. Sharma (ed.), Educational Planning: lts Legal and Constitutional implications in India, 56 (N.M Tripathi Pvt. Ltd, Bombay 1967). 63

R.B Tewari, Directive Principles of State Policy and Educational Planning in India 166 (N. M Tripathi, Bombay, 1967). 64

VinobhaBhave, "The Task of Education" in The Emerging World 36, available at: https://www.buffalolib.orglvufind/Record/624738 (last visited April 2, 2016). 65

Socio-Economic principles, Gandhian Principle, Principles and Policies relating to international Peace and Security and miscellaneous

34 | P a g e

"Right to work, to education and to public assistance in certain casesThe State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want", forms a part of the Social and Economic Principle. A society grows both economically and mentally. The economic growth requires skill which mayor not may not come through education but mental development is not possible without education. The knowledge derived by education is the only imperishable treasure in the body of an individua1 67 .The Right to Education 68 was included in the Fundamental Rights at a very later stage.69 It was initially put as a directive to State and the Union under Part N of the Constitution of India. The Article says "within the economic capacity", which makes it very limited in scope. Article 45 makes a provision for free and compulsory education of children till the age of 14. This is an initiative but this initiative is not backed by proper execution. In Spain the education policy is such that if any child below the 16 years is found not going to school without any reason he is admitted to a state run school but such backing by the executive is not present in India. Most girls drop out of school because their parents either get them, married or do not consider their education important. The history of education in India is very old and so is the history of illiteracy of females. The education of females has not been given due importance. Pre-independence there barely was a formal mechanism for education of women. Modem Universities in India began in 1858 as institutional transplants from Great Britain.70The Universities established then, were influenced by the Indian socioeconomic and cultural opinions after independence which they were insulated from 66

The Constitution of India, arts 36-51 Directive Principles of State Policy are contained under Part IV and there are 17 Directives mentioned under this part. 67

N.Dasharath A Vision for Social Justice 1 (ProfV.B.Couthino Trust, Banglore, 2009).

68

Article 2, Additional Protocol to European Convention on Human Rights, (1952).

69

The Constitution (Eighty Sixth Amendment Act) Article 21 A, (2002), (w.e.f 1-4-2010).

70

Susanne H. Rudolph and Lloyd 1. Rudolph (eds.) Education and Politics in India 3 (Harvard University Press, Cambridge, 1972).

35 | P a g e

during the British Raj. The origin of the education system of a country shows the method and will of learning of the people. It impresses upon forms and traditions that function like genetic imprint and dictates further evolution of knowledge 71. The trend and traditions of the Indian educational system shows great involvement of men, especially of higher caste but excludes women to larger extent irrespective of caste. Education is a very essential component of growth. The welfare story of the nation depends upon the development of two mechanisms, the first being male and the second female. Pt. Nehru once said: "If you educate a man you educate an individual, however, if you educate a woman you educate a whole family. Women empowered means mother India empowered" 72. The education of women is a much discussed issue and most government's pre occupation. The much debated issue of women empowerment can be achieved by social and mental upliftment of women and it can be achieved by the tool of education. The journey from under developed to developing and now the battle to become a developed nation cannot be achieved without the development of education in all sphere and women in particular. The current inequality prevailing in the society (inequality between men and women and their rate of growth and development) can be overcome by educating women. Napoleon once said that "the greatest need of France, in order to progress was trained and educated women. He further added that if women of a country are uneducated, then half the people of that country will be ignorant and lack morale." According to him a women played the role of a daughter, where she educates her family and siblings about the respect which a women deserves and her equal need of education as her brother. As a wife she educates another family and as a mother, she is deemed to be the first. teacher of a child. Raja Ram Mohan Roy fought hard to abolish the practice of "Sari" in India. This practice was common because of lack of awareness and 71

Ibid at 13.

72

Higher education for women empowerment. (2015),www.dailyexcelsior.com/higher-education-forwomen-empowerment (last visited 8 May 2017)

36 | P a g e

education among woman. Women today who are educated and aware of their basic rights would never engage into such inhuman practice. In this chapter we shall focus on the need and importance of education of women in India and the steps taken by the legislature in the form of schemes and Acts to achieve this socio economic aspect as mentioned under Part IV. The Chapter is divided into two Parts73.The first being Constituting Educational right by Interpretation and the second being Constituting Educational Right by Enforcement. The first part deals with the analysis of schemes, reports and the Acts or statutes brought into existence by the legislature for the development of education standards of women. The second part looks into the judicial decisions and the involvement of judiciary in upholding and using the Directive Principles of State Policy in development of women's education in India. It deals with the attitude of judiciary over a period of time and its contribution the development of education of women in India. The final part or the third part will include the efforts of NGO's working for improvement of the condition of women in rural as well as urban India. These NGO' s like Pratham and Smile foundation organize camps, publish articles and encourage reading programs through mass participation in order to encourage not just education but education of women. The chapter also focuses in the national reports. The national reports are the one which jolted people and the government and created a platform for the development of enforceable law in the matter of education. The discourse of Supreme Court in the matter of education especially of women has also been looked into. Education is the key to a better job and better job can lead to development of an individual as well as his family.

73

Katherine G. Young, Constituting Economic and Social Rights 6 (Oxford University Press.New York,2012).

37 | P a g e

3.1 LEGISLATION AND GOVERNMENT POLICIES/SCHEMES RELATED TO RIGHTS OF EDUCATION OF WOMEN The Indian Legislature has divided the field of education into 3 groups 74 namely Elementary Education, Secondary Education and Higher Education. The first aspect of the above mentioned division that is elementary education. To begin is the hardest thing to do and to ensure elementary education of girl child in a democratic, socialist, republic of India where female feticide is prevalent irrespective of caste and class is the most challenging task. "The government of India provides for Universal Elementary Education (UEE) for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since the inception of our Republic. It is with the formulation of NPE, India initiated a wide range of programs for achieving the goal of UEE through several schematic and program interventions" 75

Encyclopedia defines Elementary schools as: 76 Elementary schools exist worldwide as the basic foundational institution in the formal educational structure. Elementary schooling, which prepares children in fundamental skills and knowledge areas, can be defined as the early stages of formal, or organized, education that are prior to secondary school. The age range of pupils who attend elementary schools in the United States is from six to twelve, thirteen, or fourteen, depending on the organizational pattern of the particular state or school district. eight. A commonly found organizational pattern places grades seven and eight, and sometimes grade six and nine, into middle or junior high schools. When the middle school and junior high school pattern is followed, these institutions are usually linked into secondary education, encompassing grades six through twelve. 75

Universal Elementary Education, available at: http://rnhrd.gov.in/overview-ee (last visited on March

18. 2017). 76

Elementary education. available at: Imp://www.encyclopedia.comldoc/lG2-3403200209.html (last visited on March 18, 2017)

38 | P a g e

Secondary education has been defined as: 77 Middle schools evolved in the 1960s, with new pattern-five years of elementary, three years of middle school, and four years of high school. Middle schools were designed to meet the intellectual, social, and physical needs of young adolescents rather than to help these students get ready for high school. The structural and curricular changes in middle schools included advisories (long-term student groups that meet with one faculty member over a period of time), team planning and teaching, exploratory classes, and adequate health and physical education classes. Middle schools are currently the predominant mode of organization in grades six through eight. The Merriam Webster dictionary defines Higher Education as: "Education provided at college or university level." Apart from the provisions mentioned under the Constitution of India the Ministry of Human Resource and Development has development has launched various schemes and Acts towards achieving the goal of women education. We shall deal with them individually in the subsequent paragraphs. The schemes very clearly focus on encouraging the underprivileged women and girls who are economically inefficient to avail such educational facilities. The need for primary education is immense. It is not just required to remove the superstitious and other believes which arise out of knowledge but also to bring awareness about the very basics of existence of human. 3.1.1 The National Policy on Education The Report of the Commission on Education 78 under Chapter VI 79 talks about equalization and under that chapter is a sub heading which deals with the education of girls. The Chapter on equalization mentions that the one of the important social objectives of education is to equalize opportunity, enabling the backward or 77

: Secondary education, available at: http://www.encyclopedia.comltopic/Secondary_education.aspx (last visited on March 21, 2017). 78

Education Commission of India on Education and development 107 Chapter VI, (New Delhi, June 1986).

79

Ibid at 109.

39 | P a g e

underprivileged classes and individuals to use education as a lever for the improvement of their condition. Or obstacle in the road of education is social inequality. The Report on the Commission highlights the importance of education of women. The Report says that education of women in the modern developing world is even more important than the education of men. Full development of human resources can be achieved only by improving households, molding the character of children during their childhood. An educated woman is far more worth a resource than an educated man. In the freedom movement the women of the country worked hand in hand with the men. In the modem world the social hindrances has pushed women back to an era way beyond the freedom struggle. The Republic of India is the second most populated country in the world and rate of population is increasing with no sign of it diminishing. An educated woman can assist greatly in reducing the rate of fertility. The rural India is a hub of superstitious practices and unawareness. It is through elementary free education that an awareness regarding wrongly understood, believed and practiced things can be brought. The basic education of science and mathematics is necessary to understand from why the sun rises in the east and sets in the west to the basic dimensions of women body as to why menstruations take place and what precautions they should take and not relate it to supernatural belief. It is a set norm that women take care of the household. Another problem that a developing nation faces is sudden outbreak of various diseases. Due to lack of economic development society generally compromises on hygiene. Although one thing that most people overlook is that hygiene comes from habits and good habits are developed through awareness and awareness comes through education. Education in women brings awareness and this awareness will lead to hygienic atmosphere and the outcome would be a healthy environment. This awareness in women can help curb the practice of delivery at home by local house-helps. In this modem world the role of woman goes beyond home and bringing up of children. In a developing country the per capita income plays a great role, with the development of time and economy more jobs will come into existence. Educated women can equally participate and work shoulder to shoulder with men to fight against hunger, poverty and health.

40 | P a g e

3.1.2 New Education Policy 1986 The earlier Policy on Education brought a revolution in the field of Indian Education system. Although there existed a policy but a need for improvement was felt with the change in demand of society and the requirements of people. The New Policy on Education was made to meet the new demands. The new Education Policy was mainly concerned with removing disparities in the education system. The new system was aimed at neutralizing the distortions of the past and playing a role of active "interventionist" on the path of women empowerment. For the purpose of development of education of women, the course was redesigned, teacher training was done and efforts were made to involve the institutions directly in the process of women empowerment through education. The removal of illiteracy among women was given overriding priority. The New Policy proved to be a boon for the female members of the society. It was inclined towards reducing the educational gender disparity. Provisions were made for increased participation of woman in vocational, technical and professional educations. "The policy of non- discrimination will be pursued vigorously to eliminate sex stereo- typing in vocational and professional courses and to promote women's participation in non-traditional occupations, as well as in existing and emergent technologies.”80 The New Policy aimed at bringing a social equality among the backward classes and women forming a major part of such category. The dimensions of the society were continuously changing and introduction of new technology demanded upgradation of skills. The up-gradation of skills lead to production of manpower resources. And to fulfill the required demand of manpower development of skills of women forces was important. The beneficiaries of the development program derived great benefits from the systematic programs for education and skill development, their participation was necessary for the development of the nation. The New Education Policy aimed at eradication of poverty by eradication of illiteracy.

80

7

Education Commission on National Policy Education, www.ncert.nic.inloth_anoun/npe86.pdf (last visited March 21, 2017),

(New

Delhi

1986),

available

at:

41 | P a g e

The New Policy demanded.81The Central and State Governments, political parties and their mass organizations, the mass media and educational institutions must commit themselves to mass literacy programs of diverse nature. It will also have to involve on a large scale teachers, students, youth, voluntary agencies, employers, etc, concerted efforts will be made to harness various research agencies to improve the pedagogical aspects of adult literacy. The mass literacy program would include, in addition to literacy, functional knowledge and skills, and also awareness among learners about the socioeconomic reality and the possibility to change it. In the field of elementary education the New Policy had two aspects: i.

Admission and retention of education till the age of 14 years

ii.

Improvement in the quality of education.

The focus on retention proved beneficial for women as the maximum number of dropouts was noticed in girls. The policy of retention was made in order to at least provide elementary education to girls. Keeping in view the girl students, mandatory appointment of women instructors rather teachers was made. Dropping of school by children was given the highest priority. Vocational education was made a part of the curriculum to train students or make them skilled for certain jobs.

3.1.3 Provisions under The Constitution Of India The Constitution of India under the Directive Principles of State Policy as contained under Article 45 has made a provision for free and compulsory education of all children under the age of fourteen years. Within ten years of promulgation of the constitution. The task of providing education to all children gained momentum after the National Policy on education was announced in the year 1986. The Government at Central level made tremendous effort with the state government to fulfill the mandate and the result 81

Ibid at 8

42 | P a g e

of this partnership was fruitful for the masses. In order to fulfill this goal a need for explicit provisions were felt in the Constitution of India. With a view of making the right to education a free and make compulsory education a free right, the Constitution (83rd Amendment) Bill 1997 was introduced to insert Article 21A conferring on all children between the age group of six to fourteen the right to free education.

Fundamental Rights Article 21 A of the constitution of India 82states that, 'The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may by law determine". This article came into existence to validate the suggestions mentioned under the National Policy of Education. Before this amendment was made to make Right to Education a fundamental right, the Constitution of India under Article 45, Part IV provided a provision for free education of children. Directive Principles are unenforceable and therefore somewhere in application they become toothless. In order to make it rigorous and to fulfill the need of the hour then in otherwords to bring in a proper system of education and provide it to the masses, especially to those who could not afford it a more rigorous form of law was required. Thus it was put under Part III of the Constitution and also as a Fundamental Duty under Article 51 A.

The Right to education mentioned under Article 21A, 41, 45 and 51A cover both primary as well as secondary education and the petitioner can claim benefit of Part III as well 83. Article 21A is a mandatory obligation upon the State to provide free and compulsory education to all children between the age of six to fourteen. In order to achieve this constitutional mandate, the state has to place much greater emphasis on

82

Supra note 65.

83

State of Maharashtra v. SantDnyaeshwarShikshanMahavidya!a, (2006) 9 see 1.

43 | P a g e

allocation of funds for primary and secondary education84. The Right to Education till the age of fourteen years being a Fundamental Right, the aided private middle schools is entitled to full grants in aid from the state government. Where Higher and senior secondary schools are concerned the state is under an obligation to provide

free

education to children below the age of fourteen years. 85 To fulfill this constitutional obligation the Central as well as State governments came together. As a result the aided private middle schools were given full grant-in-aid by the government. A positive effect of this was seen on the senior secondary schools where the students were below the age of 14 years or less. As a matter of rule these schools came under the policy of free education by default andthe government was under an obligation to grant full aid to these schools as well. The government could not refuse aid to these schools as; "financial constraint is no excuse to constitutional duty". 86 In the case on Unni Krishnan K.P v. State of Andhra Pradesh 87the court held that the fundamental right to free education was only up to the age of fourteen years and the state was bound to provide grant in aid for free education only till them. After the child completed that age the state was not bound to provide free education and this liability was subject to the economic considerations. Education can be best delivered in the language known to the pupils. It becomes easier for them to understand and engage their doubts. Article 21A read with Article 19 (1) (a) has been construed as giving all children the right to have primary education in a medium of their choice.88The provision under Article -21 A is general in nature. But if read with Article 15 (3) which says "Nothing in this article shall prevent the State from making any special provision for women and children". This article existed even before the fundamental right to education came into force. When read together, they give power to the government to facilitate the education of 84

Supra note 9 at 4978 Ibid at 4975. 86 State of Himachal Pradesh v. H.P State Recognized and Aided Scho61s Managing Committee (1995) 4 see 507. 85

87

AIR 1993 SC 2178

88

Associated Management of Primary and Secondary Schools in Karnataka v. The State of Karnataka , ILR 2008 Kamataka 2895.

44 | P a g e

women in a better and proper way. The Parliament enacted "Right to Children to free and Compulsory Education Act, 2009 which under section 3 provides that every child between the age of six and fourteen. This provision for education under 21A, gives another meaning as well, it suggests that no child shall be compelled to pay any kind of fees or consideration or expense which may prevent the child from pursuing the course. The amendment to include 21A, was made to remove financial barriers which prevents a child from accessing education. Article 21A, when read with 19(1)(a) gives children the freedom to have primary education in the medium of instruction of their choice. 89 The compulsory education to children aged six to fourteen years makes it obligatory for the state to provide all basic requirements for running a school. 90 The apex court has also said that the right to education is not only limited to learners of how to read and write or get information, but it also means acquiring knowledge and wisdom to lead better life, become better citizens and serve the nation in a better way and to attain this is necessary to impart the primary level of education. 91 The obligation cast by Article 21A upon the state is that to substantially expand the network of school so that the child can go to school within an accessible distance. In order to achieve the mandate of Article 21A, the State will have to put greater emphasis on allocation of resources. The progress 'of the nation depends upon proper execution of Article 21A. 92 Education is as important as health and dignity and the State must provide it. The court in the case of Ashok Kumar Thakur 93 said that educating a child requires more than books, teacher and a classroom. A child deserves quality education in quality school and quality school should not possess any kind of threat for students. 94 The court in this case gave all together different meaning to the word education which is different from the dictionary meaning. The court in another way meant that no child should suffer any kind of physical or mental injury in the course of exercising his fundamental right nor

89

Ibid.

Society for Unaided Private Schools of Rajasthan v. Union of India, AIR 2012 SC 2043 BhartiyaSevaSamaj Trust v, Yogeshbhai Ambalal Patel, AlR 2012 se 3.285.

90

91 92

Ashok Kumar Thakur v. Union of India (2008) 6 see 1. . Ibid 94 Ibid 93

45 | P a g e

should a guardian or parent who eagerly wants to uplift the condition of his child and dreams of an improved social and economic condition be forced to send his child to a school with unsound buildings unsuitable for the upbringing and education of his child just because of inability to provide for a better education at a better place. Unlike, other fundamental rights the right under Article 21 A places a burden not only on the state but also on the parent and guardian of the child to send her to school for primary education. The right to education is more than a human or fundamental right. 95

Directive Principles of State Policy

The socialistic pattern of a society and a welfare state are the two goals that have inspired policy formation of most of the countries. 96 Article 41 under part IV has a limited scope as it is not enforceable in the court of law and looking at the then economic condition and preferences the state was given another advantage by putting the words "economic capacity". This Article has a very limited scope. Article 45 provides for free and compulsory education within ten years of commencement of the Constitution. If we look at this provision keeping in mind the report of education commission on equalization and education of women, we see that this Article is an obligation on the state to develop education of women in order to achieve the socio economic target. An analysis of the Article will reveal three different facts. First, a limit of period of time is imposed. The limit of 10 years was considered to be a very less to embrace such development and change looking at the socio-economic condition of the society.

95

Supra note 9 at 4980.

96

R.B Tewari, Directive Principles of State Policy and Educational Planning in India 209 (N. M TripathiLtd ..Bombay, 2005).

46 | P a g e

The country was a developing country, the per capita income of families was very less and men were rather are considered to be the bread winner of the family and in the little income the family preferred teaching the boys. The State also had the authority to give up under the excuse of economic capacity. The age limit of six years to fourteen years was another issue as child marriage was prevalent in many parts of the country and most girls were married by age of 10 years. In the light of these issues, came in the Right to education Act.

The Right to Education has been universally recognized since the Human Rights Declaration in 1948. India is a party to numerous UN conventions and thus obligated to follow the decision of the committee. The Act is an initiative to make elementary education free. As per the act, elementary education is the education given to a child this class VIII 97 . The act talks about giving free elementary education to children between the age of six and fourteen but nowhere specially mentions about the education of girl child. It has treated or rather the policy makers never considered the fact that the enrolment of girls in formal schools is very less as compared to boys. Article 2 of the European Convention on Human Rights provides that no person shall be denied the right to education. In exercise of any function which the state assumes in relation to education and to teaching, the state shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical conviction98. In Belgian Linguistic case99 it was said that Article 2 does not require the contracting state to provide particular type of education, it implies that right of person to avail themselves of the means of instruction existing at a given time. The Central government from time to time has developed schemes for education of girl child. These 'schemes are classified into three categories to meet the requirement of education of

97

Right to Children to Free and Compulsory Education Act (NO 35 of 2009) sec 2(f), 26th August, 2009.

98

Supra note 34.

99

(1968) I EHRR 252.

47 | P a g e

girls in elementary, secondary and higher education. In the following chapters we shall deal with some schemes initiated by the government of India in order to develop a special mechanism for education of girls, in the country and to overcome the education gender disparity.

3.1.4 Schemes launched by the Government

Along statutes and other legislation the government of India has also launched many schemes from time to time for the development of primary and secondary education. There are schemes which specially are formulated to deal with the crisis of little population of educated women. The crisis is not of population but of an educated population of women. The main agenda.behind these schemes is to encourage women to participate, indulge and devote their time in the process of gaining education.

MahilaSamakhyaYojana This scheme was launched to give shape to the suggestions and observations of the Revised Education Policy of 1992. The revised talked specifically about empowerment of women in order to reduce the gender disparity and to educate them. The scheme was launched to educate the socially and economically backward class of women in the rural areas. The basic aim or the underlying principle of the policy was to reduce the "gender disparities" in the rural India, among the weaker sections of the society. The objectives of the Mahila Samkhya Yojana were laid down on the following principles:100 • Enhance self-esteem and confidence of women. 100

Ministry of Human Resource and Development, Mahila Samkhya Program: Genisi 3(New Delhi)

48 | P a g e

• Develop the ability of critical thinking. • Fostering decision making by collective process. • Enable women to make informed choices in areas of education, health and employment. • Providing information, knowledge and skill to women for development. • Enhancing access to legal literacy and information relating to their rights and entitlements in society with a view to enhance their participation on an equal footing in all areas. The panel involved in formulation of the policy was of the opinion that if a woman is given choice in matters of education that is to say, if a woman is asked to give her view on what kind of education she wants then the process of education becomes vibrant and the participants become enthusiastic about learning. The panel further said that 101 , "The entire range of social, cultural and economic factors that have inhibited women's access to knowledge, information, education, mobility and justice cannot be tackled through piecemeal interventions." The scheme was different from the regular implemented schemes. It's focused on forming sangha and asking the women their choice of education and preach elementary education accordingly. It is departure from the traditional mode of teaching. It is made for those illiterate women and girls who are involved in daily wage labour.

After various brainstorming sessions it was decided that the administration for development of such scheme needs to be flexible and a complete government set up will lack such flexibility. Therefore for the success of MSY a need for public private partnership was felt. But this partnership could not be done with any organization. The government felt that Registered Societies could execute such a program with more 101

Ibid.

49 | P a g e

efficiency than others. The societies were- under the direct supervision of the department of Education to ensure free flow of funds. Initially the program was started in 10 districts where the literacy rate of women was very low. This program started in the year 1989 and was one of its kinds. It got the best of both models governmental and non-governmental. The Scheme still continues to innovate and evolve new directions based on experience and learning. 102 New strategies have been developed by the Registered Societies working under this Scheme to meet the need and requirement of the changing society and condition of women. In the newer expansions like Assam, focus on self- reliance is being built.

The outcome of this program is noteworthy. It has led to development in following spheres: • Increase in demand for literacy of women • Increase in women participation in Panchayatat raj bodies • Increase in rate of educated women with elementary knowledge of women in rural areas. • Increased awareness among women and empowerment of women.

National Program For Education Of Girls At Elementary Level This program was launched in the year 2003 with the objective of reaching out to the farthest and hardest of girl child not a part of the formal mechanism of education. The scheme was formulated to provide elementary education to girls belonging to backward and underprivileged classes. This Program was later brought under the umbrella SarvaSikhshaAbhiyan as a component of gender disparity in education. The Scheme was launched to remove the significant gender gap (up to 30%) which was significant in

102

Supra note 25

50 | P a g e

the schedule caste and tribe. There were enough number of girls dropping out of the free elementary education provided by the government.

The objectives of the Scheme were as follows: 103 I.

To provide projects per block for development of education of girls

II.

To facilitate retention of girls for completion of primary education.

Ill.

To encourage greater participation of women in the field of education.

IV.

To improve the quality of education of girls in order to bring women empowerment.

V.

To strengthen the capacity of National and State run units to improve and encourage the education of girls.

VI.

To include gender sensitization programs and challenges of girl's education.

Vll.

To initiate networking between research institutions in order to increase gender sensitive quality teaching.

Vlll. To break gender-stereotypes. IX.

To build a positive image of women by recognizing their contribution in the society.

X.

To build community support for education of girls.

Xl.

To ensure quality elementary education for girls.

103

See, Revised Guidelines for Implementation of National Program for Education of Girls at Elementary Level.

51 | P a g e

The Scheme was an initiative to curb all sorts of problems arising in the elementary education of girls. The scheme was applicable to all blocks in a district where the female literacy rate was less than the national average. It also applied places where the population .of SC/ST was significant. The Scheme was strategically framed including mobilization of girls' education including community teaching and NGO'S. 104 The block was designated as an unit of planning, monitoring and implementation and an umbrella of plans and strategies were placed upon it. Projects were made within the block to identify the number of dropouts and connect to them and convince them to carry on with their elementary education. The projects should be based on the conditions of that block and all strategies and interventions must target both "in" and "out" of school girls (age 6-14 years) within the block namely: Out of school girls; Drop outs girls; Overage girls, who have not completed elementary education and Working girls from marginalized social groups who dropped education for working as a daily wager in order to meet the economic requirements of their family. Similar activities were not mandatorily taken up by all blocks.

Kasturba Gandhi BalikaVidyalaya Scheme The Kasturba Gandhi.BalikaVidyalaya (hereinafter called KGBV) was launched in August, 2004 by the Government of India. The main purpose of the scheme was setting up of residential schools at upper primary level for girls. It ran in harmony with other schemes launched by the government. For the first two years this special programs for girls ran separately but after April, 2007 it was merged with the SarvaSikhshaAbhiyan as a separate component of the same. The scheme was for areas where the rural female literacy was below the national average105 or where the gender gap is more than the 104

Ibid According to the census report of 2001 the national average is 46.13.

105

52 | P a g e

national average106 or areas where a good amount of girls were out of school. The main objective behind formulation of this scheme was to reduce the gender disparity in the field of education. The survey by the panel showed shocking results of gender inequality in education among disadvantaged and backward groups. The enrolment trends showed sufficient gaps in enrolment of girls at elementary and upper level of schooling. The major target of the scheme, were girls from underprivileged class and those whose family falls below the poverty line. The Scheme was executed through MahilaSamkhaya at block and District levels. Incentives For Girls Secondary Education The Kasturba Gandhi Vidyalaya Scheme was a success. In its first few months of execution, it initiated formation of 1000 schools for women at Block and District level. The scheme for Incentives to Girls Secondary Education was launched to promote education of girls at secondary level. According to the scheme the government would provide Rs. 3000 to girls who cleared their elementary education and passed class VIII. The amount of 3000 would be deposited to an account in the name of the girl and she could withdraw the money after she reached the age of 18 years. It was seen that most girls belonging to the underprivileged class dropped out of school after completing the elementary education due to socio-economic reasons. Thus, to encourage secondary education of girls the government launched a scheme where the girl would get an amount of 3000 after she completed the age of 18 years and completed her secondary education. The target group was girls who cleared their class VIII exams from Kasturba Gandhi Vidyalayas irrespective of their caste. There was a wide publicity of scheme so as to attract maximum number of girl students and to provide benefit at mass level. A review of the scheme was planned after 2 years of its execution.

Scheme For Strengthening of Boarding And Hostel Facilities For Girl Students

106

According to Census report 2001 the national average with respect to gender is 21.59.

53 | P a g e

It is a centrally sponsored scheme brought in force with the motive of providing hostel facility to girls who take admission in secondary level of education. The scheme was implemented in the year 2004-2005. It was launched with the motive of increasing the number of girls in secondary education by removing the difficulty of place of staying and food. Girls from class VI to VII were to be allotted hostels and one hostel had the capacity to include 150boarders. The scheme was relooked into by TATA INSTITUTE OF SOCIAL SCIENCES 107 and suggestions were made to revamp the scheme in order to benefit the girl child in a better way. The objective was to remove the gender disparity in the field of education especially in the minority community. The Scheme was intended to build hostels for girl students from educationally backward community. The intention of the scheme was not just enrolment but also the retention of girl students so that they complete their secondary education. The scheme was well motivated towards removing the gender disparity. Girls belonging to educationally backwards community were eligible to get the benefit of the scheme. The scheme was implemented with the help of NGO's of state authority to maintain flexibility and easy monitoring of the development of the scheme. The scheme identified 3500 blocks which were given the name of educationally backward block and hostels were to be built with the capacity of 100 girls per hostel. The KGBV scheme was linked to it and where there was space in the compound used by KGBV the hostels for secondary education were decided to be built in the same compounds. Students passing elementary education form KGBV were given preference 107

The Tata Institute of Social Sciences (TISS) was established in 1936 as the Sir Dorabji Tata Graduate School of Social Work. In 1944, it was renamed as the Tata Institute of Social Sciences. The year 1964 was an important landmark in the history of the Institute, when it was declared Deemed to be a University under Section 3 of the University Grants Commission Act (UGC), 1956. Since its inception, the Vision of the TISS has been to be an institution of excellence in higher education that continually responds to changing social realities through the development and application of knowledge, towards creating a people-centred, ecologically sustainable and just society that promotes and protects dignity, equality, social justice and human rights for all. The TISS works towards its Vision through available at: http://Vvww.tiss.eduJabout-tissioverview/ (last visited on March 24.2017).

54 | P a g e

in order to encourage people to take benefit of the central scheme for elementary education of girls. In case of absence of KGBV compound hotels were built in the vicinity recognized and authorized by the government of the state of union territory.

BetiBachaoBetiPadhao This scheme was launched by the ministry of women and child welfare. The main objective of the scheme is to save girl child but among other objectives, one is related to ensure education and participation of girl child. According to research a person's personality and development is affected by services and entitlements rather facilities provided to the person. Potential of a girl can be improved by providing proper education and nutrition. Education is the process of bringing empowerment. Denial of the right to education is grave violation of human rights rather fundamental rights of people which might have an adverse impact on the physical,mental and emotional development of the child. The Scheme talks about taking initiatives to encourage participation of girls and curb discrimination as it might lead to deprivation and exclusion from main-stream. The main objectives of the Scheme are; i. To create opportunities for education and employment. ii. To ensure safety, security, mobility and speedy justice. iii. Monitoring of set targets. iv. Provide toilets for girls in every school. v. Provide protective environment in school

55 | P a g e

3.2 THE ROLE OF JUDICIARY IN INTERPRETING RIGHT TO EDUCATION OF WOMEN The Supreme Court of India has had its own discourse in molding the right to education. The court in the case of Ashok Kumar Thakur 108 talked about safety at schools and if we look today there are many cases which come to notice regarding the unsafe environment provided at schools especially for girl child. The court also said that the provision under article 21 A talked about infrastructural support but it is the government who will have to understand the importance of building a safe environment. This part of the chapter deals with the discourse of the Supreme Court on deciding cases of employment of women with education related issues. In the case of Rajbala v. State of Haryana

109

the petitioner challenged the

constitutionality of the Haryana Panchayatati Raj (Amendment) Act, 2015 (Act 8 of 2015). The Haryana government came up with a new notification that stating the eligibility for participation in Panchayatat elections in Haryana. Among other conditions the government specified that a person should have passed class 10 th examination or matriculation. The Haryana Panchayat at Act from section 164-175 gives power to the concerned legislature to device rules for qualification of a member of the Panchayatat. The Haryana Panchayatati Raj Act, 1994 was enacted to bring the then existing law governing PANCHAYATATS in the State in tune with the Constitution as amended by the 73rd amendment. As required under Article 243B 110 , a three tier Panchayatat system at the Village, 'Samiti' and District level is established under THE ACT with bodies known as Gram Panchayatat, Panchayatat Samiti and Zila Parishad. Part V Chapter XX of The Act deals with provisions relating to elections to the PANCHAYATATS111.

108

Supra note 89 Writ petition (Civil) no. 671/2015 110 The Constitution of India, art. 2438 Panchayatats: (1) There shall be constituted in every State. Panchayatats at the village, intermediate and district levels in accordance with the provisions of this Part. (2) Notwithstanding anything in clause (1), Panchayatats at the intermediate level may not be constituted 109

in a State having a population not exceeding twenty lakhs. 111

id

56 | P a g e

The petitioners challenge the Amendment Act principally on the

ground that the

enactment is violative of Article 14 of the Constitution. It is argued on behalf of the petitioners that (i) the impugned provisions are wholly unreasonable and arbitrary and therefore violative of Article 14 of the Constitution. They create unreasonable restrictions on the constitutional right of voters to contest elections under the ACT; (ii) they create an artificial classification among voters (by demanding the existence of certain criteria which have no reasonable nexus to the object sought to be achieved by the ACT), an otherwise homogenous group of people who are entitled to participate in the democratic process under the Constitution at the grass-roots level; and (iii) the classification sought to be made has no legitimate112 "That the Respondents have passed the impugned Act and Notification without any consideration, regard or appreciation for the empirical data pertaining to the number of people that would be prevented from contesting Panchayatati Raj elections by its actions. That the Respondents' actions have the effect of disqualifying 56.80% of the population who would need to be matriculation pass (69,86,197) and 79.76% of the population who would need to be middle-pass (10,83,052), in order to contest elections. That by its actions, the Respondents have prevented an overwhelming majority of the population from contesting elections, in contravention of Article 14, without any regard for Constitutional principles. The Attorney general argued that right to contest was a constitutional right but it was subject to qualifications and disqualifications. The Court upheld the validity of section

112

That the Respondents have passed the impugned Act and Notification without any consideration, regard or appreciation for the empirical data pertaining to the number of people that would be prevented from contesting Panchayatati Raj elections by its actions. That the Respondents' actions have the effect of disqualifying 56.80% of the population who would need to be matriculation pass (69,86,197) and 79.76% of the population who would need to be middle-pass (10,83,052), in order to contest elections. That by its actions, the Respondents have prevented an overwhelming majority of the population from contesting elections, in contravention of Article 14.without any regard for Constitutional principles." [See: Ground 'G' of the Petition]

57 | P a g e

175 of the Amended act113and said that there existed a reasonable nexus between the restriction and the objective sought to be achieved. In another case where issue was related to fee in medical college Mohini Jain v. State of Karnataka114 the judgment was made before the right to education was declared to be a fundamental right by the 86th amendment. The importance of this case is that even before the existence of right to education as fundamental right the court looked into the socio economic conditions of the society and said the education gave dignity and a dignified life was guaranteed by the Constitution. In any step of education whether elementary of higher the main aim is to provide a dignified life to women and empower them to be self sufficient and not form the class of backwards in the society. In the case of State of Karnataka v. Associated management of (govt. Aided and unaided) secondary and primary schools. 115 In this case the State government of Karnataka brought a law where in the schools in Karnataka were to impart education in their mother tongue at elementary or primary level. The court held that provisions 116of the Constitution of India cannot be used by the state to force linguistic minorities to use a specific medium of education. It is very important for the development of a child and her active participation that she does not consider herself to be inferior to others. There are abundant materials available in English but not in the local language or mother tongue. Thus, for the development of a child it is important to not confine her to a particular level instead the state should play an active role in the development of children. In this case of Environment and Consumer protection Foundation v. Delhi Administration and Others

117

the petitioner contended that there was lack of

infrastructure facility in schools. This writ petition was file in the year 2004 and

113

Haryana Panchayatati Raj (Amendment) Act, 2015 (Act 80f2015).

114

1992 AIR 1852.

115

SCC 014 (9) SCC 485 The Constitution of India, art. 350.

116 117

Writ Petition (Civil) No. 631 of 2004

58 | P a g e

meanwhile in the year 2009 the Right to Education act was passed. The petitioners contended that low admission in schools for primary education due to lack of basic human facilities guaranteed by law. Many aided and unaided government schools lacked necessary facilities like separate toilets for boys and girls. This Court, therefore, directed the Central Government, appropriate Government and other competent authorities functioning under the RTE Act to Issue proper directions/guidelines for its full implementation within a period of six months from the date of the Page 44 pronouncement of that judgment. This Court also directed all the State Governments to constitute State Advisory Council within three months from the date of that judgment. Advisory Councils so constituted were directed to discharge their functions in accordance with the provision of Section 34 of the RTE Act and advise the Government in terms of Clauses (6), (7) and (8) of this Court's order. The necessity of constituting a proper Regulatory Authority for effective functioning of the RTE Act and its implementation was also highlighted. The Central Government was also directed to frame rules, in exercise of its powers under Section 38 of the RTE Act, for proper implementation of the RTE Act. 4. On the basis of directions issued by this Court in this Writ Petition, some of the States have responded by furnishing the details of infrastructure facilities available in the schools situated in their respective States. This Court noticed that some of the schools have not provided proper toilet facilities for boys and girls and in some of the schools, it was noticed, that there is no provision for drinking water as well. Detailed interim orders were passed by this Court. The Court further asked for formation of committee to look into this matter: Monitoring of child's right to education.- (1) The National Commission for Protection of Child Rights constituted under section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005, shall, inaddition to the functions assigned to them under that Act, also perform the following functions, namely:- (a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation; (b) inquire into complaints 59 | P a g e

relating to child's right to free and compulsory education; and (c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.

The Court in this case held that: We are, inclined to dispose of this Writ Petition with a direction to all the States to give effect to the various directions already given by this Court like providing toilet facilities for boys and girls, drinking water facilities, sufficient class rooms, appointment of teaching and non-teaching staff etc., if not already provided, within six months from today. We make it clear that these directions are applicable to all the schools, whether State owned or privately owned aided or unaided, minority or non-minority.

60 | P a g e

Graph showing recent status of women education.

The status of women education has improved over the period of time but it is not satisfactory in comparison to the men. Why is higher education is required for the women? Knowledge is a distinguishing characteristic of human beings with a tremendous capacity to acquire and transfer knowledge from one generation to another, gaining prominence with advanced science and technology. Higher education is the gateway to economic security and opportunity particularly for women in India. Women are part of socio-economic system and they up hold rich cultural and traditional values. Their 61 | P a g e

progress is equated with the progress of the nation. From 2000, many Indian women play a major role in Knowledge Societies as leaders, addressing issues on creating and adapting information and ideas at an accelerating speed to support economic growth and improved quality of life in India addressing issues such as Equity, Quality, Relevance and Access, proving that Indian women with any background becomes a contributing member of society through learning. The Indian Government has introduced policies and procedures with the goal of sensitizing the higher education system, recognize gender equity and increasing the number of women enrolling for higher education. Higher education for women in India has witnessed an impressive growth over the years and the Government is pooling resources needed to promote female education at all levels. Knowledge is life of every Indian woman. It results with the experience that she gains from environment and the supporting world around her, which allow her to live as knowledgeable productive members of the society. The homely environment with mother's love is the first source of learning for the child a and an educated mother would create an environment, allowing her children to gather and analyses information , which helps in adapting to bigger society in future. Critical thinking and analysis will make the children better members of society. To educate someone is to deliberately teach them something new and higher education for women is most powerful means to evolve through/beyond current economic

and

social

crisis in India and to teach her children the art of thinking and analysis before entering the school for education.

118

Higher education leads a woman to "Complete living" with:

62 | P a g e

1.Self-confidence Higher Education helps the women not only in gaining knowledge but also enables her to earn a living. 2. Necessity of life Money is necessity in maintaining life and education helps in preserving life. 3. Family welfare An educated woman plays an important role in a family, dealing with both Health care and financial support to the family. 1. Involvement in Social and political activities Higher education helps women to have a better understanding of social and political processes beyond the home in far-reaching social structure and makes her a wise citizen with effective social and political action. 2. Complete Living Complete living includes, being physically strong, earning a living, being a responsible parent and an earnest citizen. All these are not sufficient for a complete living if a woman does not consider: a. Ethical Value b. Spiritual value c. Social Value d. Intellectual Values.

63 | P a g e

The higher education helps women to be mentally and emotionally stronger and to face challenges and overcome obstacles in life and to be a complete woman. Role of Indian Government in promoting gender equity in education Women constitute around 48% of the total population of India. Equity in education especially gender equity was one of the major issue in India and there has been a tremendous growth in women enrolling for higher education since independence (risen to 42%) , reducing the gender gap in higher education. 14.72% women have enrolled in professional courses and the highest being in Goa and the lowest in Bihar . After independence various commissions and committees set up in India advocated its need for gender parity in all the stages of education. Kothari commission and the national policy on education and the programme of Action in 1992 put enormous emphasis on promotion of gender equity in education by reducing the gender gap in access, retention and transition from one stage to other. The national policy on education stressed that education will be used as an agent of basic change in the status of women. In order to neutralized the accumulated disadvantages of the past. The national policy for empowerment of women has been a remarkable achievement for women. The year 2001 was celebrated as women's empowerment year, which recognized women as agents of socio-economic change and development in the country. Indian Government continues to encourage higher education for women through programmes like, Indira Gandhi scholarship for single girl child for pursuing higher and in order to support higher education through scholarships and by constructing women hostels and by capacity building for women managers in higher education. Women Leader Women appointed as Chairpersons, Board of Governors of apex technical education institutes and in National Institutes of Technology (NITS). For the

64 | P a g e

first time in the history of IITs, two women scientist nominated on the IIT council.

The following approached have been made during XI Plan, 

To offer training programmes focused on increasing sensitivity to gender issues in respect of women managers



To make capacity building a women's movement.



To involve Vice-chancellors of the Universities or Principals of the concerned

Colleges in the development of the program with capacity building is through activities like sensitization, awareness, motivation workshops, development and distribution of resource material, research stimulation workshops, management skill workshops etc. To improve the Social Group Equity, Government of India had Established Equal Opportunity Cells (EOC) for SC/ST/ OBC/Minorities. The UGC has assisted institutions to establish "Equal opportunity Cells" to oversee the effective implementation of policies and programs for disadvantaged groups and to provide guidance and counseling in academic, financial, social and other matters. The Cell would also take up programs to sensitize University/ Colleges on problems faced by Scheduled Caste (SC) and Scheduled Tribe (ST) categories in higher education. Government has also established Residential Coaching Academy for SC/ST/ Minorities and Women in Universities and Colleges and the aim of these schemes is to prepare students for NET and All India & State Civil Services examinations and UG/ PG level examinations. Indian Government has also introduced Post-Doctoral Fellowship for SC/ST and Women and Post-Graduate Scholarships for SC/ST students in professional courses. The Udaan program of the CBSE is dedicated to the development of girl child 65 | P a g e

education, so as to promote the admission of girl students. About 951 students have been selected by the CBSE. The aim is to address the teaching gap between school education and engineering entrance examinations. It seeks to enhance the enrolment of girl students in prestigious technical education institutions through incentives & academic support. It offers free online supplementary lessons in physics, chemistry and maths specially prepared in the form of videos, text and practice tests on a tablet. PRAGATI - Scholarships for Girl Child for Technical education aims at providing encouragement and support to girl child to pursue technical education. The scheme envisages providing a scholarship of Rs. 30000 and tuition fees Rs. 2000 for 10 months until the duration of the course. 4000 girls will be benefited every year with the restriction that only one girl per family with income less than 6 lakhs/annum will be considered. The Candidates will be selected on merit through the qualifying examination of the State. The dropout ratio at various levels of education for girls is much higher than that of boys. Keeping Swami Vivekananda's ideas of women education and to promote girls education, UGC has introduced the Swami Vivekananda Scholarship for Single Girl Child for research in Social Sciences with an aim to compensate direct costs of higher educationespecially for such girls who happen to be the only girl child in their family.

Possible reasons for Indian women opting for Higher Education:



Encouragement by Government and Society



Ability to combine studies and work with family life



Decreasing discrimination against girls in families



Higher preparation for higher education, (evidenced by the scores in secondary education) 66 | P a g e



Higher aspirations to obtain tertiary degrees.



The feminisation of the teaching profession and a learning environment more conducive to girls' social and cognitive dispositions.

In the words of Mahatma Gandhi, "If you educate the man, you educate the person but if you educate the woman, you educate the nation". One of the most significant transformations in education in India over the past several decades is the drastic increase in women's access to colleges and universities. Formulating and implementing stringent and powerful laws and policies have addressed the malice of gender discrimination of Higher Education. Most Indian women, with the possibility of economic independence, through respectable employment, have becomes an important earning member of the family. An educated woman has the skills, the self-confidence and the power to be a better citizen. Women have all the power and capacity as that of men and they are manifesting themselves amongst different opportunities provided through higher education.

In the end the researcher would like to conclude this chapter by saying that although the literacy level has increased in women, it is still not satisfactory in any way. More efforts needs to be put by the society and the government to achieve satisfactory level of literacy in women’s

67 | P a g e

CHAPTER -4 CRITICAL ANALSIS OF CURRENT LAWS AND NORM IN RELATION TO WOMENS RIGHT TO WORK AND EDUCATION

“There are contemporary world challenges, social, political and economic, which if the system does not meet them will destroy it.These challenges cannot be suppressed or created but they have toBe met either by discarding or adjusting the ongoing legal system” ~ LORD SCARMAN

This chapter is an overall critical analysis of the current laws, norm, scheme as well as the judgments given by the esteem court of this country in relation to the women rights regarding education and education. 4.1 ROLE OF DIRECTIVE PRINCIPLES IN DEVELOPMENT OF WOMEN IN THE WELFARE STATE

Most issues related to women were dealt with respect Article 14, 19 and 21. Article 14 and 19 do not cover any fanciful rights. They confer rights which are essential for proper and effect functioning of democracy. They are universally regarded as Universal Declaration of Human Rights119. If article 14 and 19 are put out of operation Article 32 will be rendered nugatory. 120 Article 14,19 and 21 together form the golden triangle as it stands for equality and rule of law clearly forms part of basic structure of the Constitution and cannot be abrogated.121 Article 21 is the heart of the Constitution it confers right to life as well as right to choose. Right can be achieved by the means of 119

Supra note 27 at 168 M Nagraj v Union of India (2006) 8 SCC 215-216. 121 Supra note 114 120

68 | P a g e

education and self-dependence and employment provides self-dependence. With selfdependence comes the power to choose. When a person is suppressed by another or is dependent on another she tends to make compromises but self-dependence makes a person strong enough to make her own choices. Education is the key to awareness and awareness helps in deciding what to choose? Article 15 and 21 read with Article 19 and 14 constitute the core values of the constitution which if abrogated would change completely the nature of the constitution.122 Article 14 embodies the principle of non-discrimination. However, it is not a free standing provision. It has to be read in conjunction with the rights conferred by Article 21 of the Constitution of India. It refers to right to life and embodies several aspects of life. It includes opportunity, the authority to choose a way of life and make decisions. When read together Article 19 and 21 cover various aspects of life. 123 Fundamental freedoms mentioned under Article are not necessarily and in all circumstances mutually supportive, although taken together, they weave a fabric of a free equal democratic society. Free equal society would mean giving freedom of choice to women. The freedom to work, or to not work; freedom to study and the choice to study what she wants to study, irrespective of social constraint. Although proper exercise of rights may have implicit in them certain restrictions and these rights should be harmoniously construed so that they are promoted with minimum amount of implicit restrictions.124These rights form a part of natural rights inherent in the status of a citizen of a free country. The Directive Principles of State Policy are provided under Part IV of the Constitution of India. It embodies the aims and objects of the State under the Republican form of government that is a welfare state.125In the case of Krishan V. State of Tamil Nadu126 it was observed that DPSP embody aims and object of the state under the welfare society (the state is no more a police state but it is a welfare society). It also embodies the ideal

122

Id Reliance Energy Ltd. V. Maharashtra State Road Development Corporation (2008) SCC 184, 435. 124 M.H. Devendrappa v Karnataka Small Scale Industries Development Corporation, AIR 1998 SC 1064 125 KesavanandBharati v State of Kerela, AIR 1973 SC 1461. 126 AIR 2005 Mad 311(DB) 123

69 | P a g e

of socio-economic justice127.Initially the Supreme Court paid scant attention towards DPSP due to its non-justiciable and non-enforceable nature but gradually with the development of the State, the provisions of Part IV came in to be handy were used as an important tool for imparting decisions. The Constitution aims at the synthesis of Directive Principles and Fundamental Rights and DPSP is said to constitute the “conscience of the Constitution”. 128 Through various decisions the SC of India has given directions to the Government to use the potential and capacity of DPSP to the fullest and to take positive action to remove grievance which have been caused by nonimplementation of the Directive Principles. 129 “It provides that the state shall promote with special care the educational and economic interest of the weaker section of the society.130 …” Women are considered to be a weaker section of the society and this article provides for upliftment of education and employment of women (who form a considerable part of the backward class of society). The courts may take the aid of Directive Principles in interpreting a fundamental right and adopt the principle of harmonious cooperation to give effect to both instead of rejecting DPSP altogether when faced with Fundamental Rights.131 The frames of the Constitution among had one dominant objective in view and that was to improve the condition of common man and bring about socio-economic transformation based n the principles of social justice. This part of the constitution was designed to bring about special and economic revolution that remained to be fulfilled after independence. The aim was to guarantee civil liberties to all and just to a particular class of people. The Constitution visualizes the society as whole and contemplates that every member should participate in the freedoms guaranteed. It is not possible to attain or achieve the welfare state contemplated in the Constitution without faithfully implementing the Directive Principles.132 A society like ours, struck by poverty and gender discrimination cannot realize human rights cannot attain human rights in true 127

Union of India v. Hindustan Development Corporation, AIR 1994 SC 988. Dr. L.M Singhvi, Constitution of Indian 1795 (Thomsan Reuters, New Delhi, 3 rdedu, 2013) 129 Comptroller and Auditor General of India v K. S. Jagganathan, AIR 1987 SC 537. 128

The Constitution of India, 1950, art 46. A.B.S.K Sangh v. Union of India, AIR 1981 SC 298. 132 Supra note 3 at 1804 130

131

70 | P a g e

tense without satisfying the minimum economic and educational needs of the citizen. Any government which fails to fulfill the pledge taken under the Constitution cannot be said to have been faithful to the constitution and its commitments. 133 It would be appropriate to understand the details of welfare state before venturing into the efforts taken by the State to fulfill the demands of welfare state. The Welfare state is an institutional outcome of an assumption by a society of legal nature and therefore formal and explicit responsibility of basic well-being for its members lies upon the state. The underlying principle of welfare state has been derived from various sources like the notion of liberty, equality and fraternity were carved out from the French Revolution, the utilitarian theory was English Jurist Bentham’s brainchild, the renewed concept of equality and rejection was taken from the teachings of Tawney. Whatever the origin be the term welfare state came into general use in the year 1945. The State no more remained a mere police state guarding law and order but attained greater responsibility. The Sovereign, Socialist, Democratic, Republic of India has to establish as egalitarian social order under the rule of law. The traditional function partake the character of sovereign measures and the traditional duty to maintain law and order is no longer the function of the state. There is also a concept to maintain welfare society which is slightly different from the idea of welfare state. A welfare state is what the Parliament and or the legislature has decreed and the government does where as a welfare society is one which the people do, feel and think about matters which bear on general welfare. 134 The concept of welfare state involves much more than the social service. The Maternity benefit Act, 1961 indicate that they were wholly in consonance with Directive principles as set out under Article 39 and 42. The Act not only allowed women in regular working jobs maternity benefits but also extend to those who were in part time employment. 135 Given, glaring gender inequalities of income, the major concern of the welfare state should be to achieve distributive justice. The State can take measures like improved labor policy or any kind of affirmative action or facilitating 133

Supra note 118 William A Robson, welfare State and Society 7(Oxford University Press, London, 1976). 135 Supra note 39 134

71 | P a g e

movements enabling bargains on equal terms of employment or minimum wage rule or even by providing a platform for education of women who belong to the underprivileged class. Compulsory rather social education is the means to meet the need for the economically backward. It is the duty of the state to ensure minimum conditions of human dignity for women and children. 136The right to live with human dignity free from exploitation enshrined under Article 21 derives its essence from Directive Principles contained in 39(e), (f), 41 and 42 and therefore must include protection of health of women, conditions of dignity and freedom, educational facilities, just and humane conditions and maternity benefit.137It is well established principle of law that mere possibility or likelihood or abuse of power does not make a provision of law bad or ultra vires. 138 The SC will not monitor implementation of a social welfare implantation of social welfare legislation unless the same is discriminatory or arbitrary. 139 Women are most delicate emotionally but they also have great enduring capability, probably this one reason that their rights have always been violated and they have been exploited in this patriarchal society. Even after so many years of independence and after many affirmative attempts, the condition of women has not improved much. The histories reveal a long list of tragedy and suppressed lifestyle of men and this is one reason which has turned women to be a part of the socially and educationally backward mass irrespective of the caste and class. Women,today stand for a better than fitty percent chance of being seriously assaulted, raped or, sexually molested140 The ones who have not been subjected to it constantly live under the fear. Gender justice is still a myth. Article 2 of the Convention on the Elimination of all Forms of Discrimination against women is as follows: Article 2: Violence against women shall be understood to encompass but not to be limited 141 merely to sexual, mental, psychological or any form of abuse only in the household but also extends to any form of abuse at place of education and work. Justice

136

Vikram Dev Singh Tomar v State of Bihar, AIR 1988 SC 1782 BandhuaMuktiMorchav Union Of India, AIR 1984 SC 802. 138 Raja Ram Pal v Hon’ble Speaker Lok Sabha (2007) 3 Scc 184, 443 139 Supra note 1 at 170 140 JagdeeshSwarup, Constitution of India 1830 (Thomsan Reuters, New Delhi, 3'4 edn, 2013) 141 PragatiVerghese V. Cyril GeogeVerghese, AIR 1997 Born 349. 137

72 | P a g e

V.K Krishna Iyer once said that Constitutional Law is the meeting point of politics and justice and the source of Constitutional Law is the Constitution itself. The Constitution of India provides for equal opportunity to the female members of the society. It’s not just under Article 14 and 21 but under the Part IV of the constitutionwhere it is written expressly and does not have to be read into or interpreted using different logic .

4.2THE IMPACT OF LEGISLATIONS RELATED TO RIGHT TO WORK AND EDUCATION UNDER THE DPSP ON SOCIO ECONOMIC CONDITION OF WOMEN. India is a tradition bound society in which division for labor initially was believed to have been degenerated into an ugly form of casteism. This was a discrimination against a class of people but with the passage of time this caste based discrimination diluted a little but the space it created did not remain vacant for a long time soon it was filled with gender based discrimination. This gender based discrimination was even worse as it did not consider the caste hierarchy. Inherent contradictions and incongruities, which consisted discrimination against women was perhaps practiced it right from the beginning of human civilization142.Such discrimination created a big void and therefore suppressed the idea of liberty, integrity, unity and fraternity. This condition of the society promoted vested interest, selfishness, opportunism and a subtle hatred between genders. A woman who was so maltreated and derived that at times doubt her being on belonging to the human species who has found her existence insignificant and was made to believe that she had no role to play but to lead an animal life, serve and die .143 Discrimination against women in the field of work was made irrespective of class or caste. 142

KL Bhatia(ed), Social Justice and the Indian Constitution 331 (Deep and Deep Publication. New Delhi.

l994) 136 Id. at 57.

73 | P a g e

This discrimination was in the form of less pay to women limiting her sphere of work and gradually it took an ugly from of harassment at work by the male employer .This harassment was both physical as well as psychological in nature. Physical wounds still heal with time, but psychological wound at tome stay for a life time. It is difficult rather impossible for people except a system which is not based to justice and does not concede basic human right to people irrespective of caste, class and gender . There should be a halo of credibility around the system to make the people specially woman feel protected and secure. It must attract and not repel by incurring the benefit to common man .A system of injustice breeds contempt and hatred. The Indian legislative and the judicial system have played a notable rather plausible part on this regard. The legislature had made abundant laws for development, safety and security of women at work place and the judiciary by its timely decisions made these rules, bylaws, acts stronger in nature . In the case of Kesear Bahadur144 the court quoted justice Berne of the American supreme court who said that: Nothing rankles more in human heart than a breeding sense of injustice. Illness we can put up with but injustice makes us want to pull thing down. When only the rich and powerful can enjoy the law as luxury and the poor and weak and backward cannot have it even if he needs it most, cannot have it because its expense puts it beyond the reach, the threat to the continued existence of free democracy is not imaginary but very real, because democracy’s very life depends upon making the machinery if justice so effective that every citizen shall believe in and benefit by its impartiality and fairness.

In this present world of globalization when the world has become a global village and women account for one half of the world their development and safety at the place of work is important and so the free of choice of work important. The recent case of charukhirana 145 s very welcoming, in this case a female was permitted to be a makeup artist but was forbidden to enter into the shoes of makeup 143

Id. At 57 Kesar Bahadur Thapa v. State of Skkisim, Ar 1985 Sikkim 5 145 CharuKhurana v. Union of India, 201 SCC Online SC 900. 144

74 | P a g e

artist and pursue it as a profession as the occupation of makeup artist was reserved for men. In this case the court highlighted the following points. The present writ preferred under article 32 of the constitution of India, exposes with luminosity the prevalence of gender inequality in the film industry, which compels one to contemplate whether the fundamental conception of gender empowerment and gender justice have been actualized despite number of legislations and progressive outlook in society or behind the liberal exterior, there is a façade which gets un curtailed on apposite discernment. The case was taken up on the up on the issue of discrimination of gender. Article 39 A in part IV of the constitution that deals with Directive principles of state policy, provides that the state shall direct its policies towards securing that that the citizens , men and women equally , have the right to adequate means of livelihood . Clause (d) of the said article provides for equal pay for equal work for both men and women and clause € stipulates that health and strength of workers, men and women and the render age of children are not abused and that citizens are not forced by economic necessity to enter into avocations unsuited to their age or strength . In this case the Apex court also talked about the importance of Directive principles. The single judge in the case of charukhrana146 quoted that in the case of Minerva Mills LTD v. Union of India. 147 The constitution Bench has found that the Fundamental Rights and the Directive Principals are the two quilts of the chariot in establishing the egalitarian social order. In Society for Unaided Private Schools of Rajasthan V. Union of India and Another 148,it has been held that the Court is required to interpret the Fundamental Right in the light of the Directive Principles. The said principal was reiterated by the Constitution Bench in Paramati Education and Cultural Trust(Registered) and Other v. Union of India and

146

Ibid (1980) 3SCC625 148 (2012) 6SCC 121. 147

75 | P a g e

others149. The Court further took note of the recent incident at the RamlilaMaidan to the clear the above-mentioned context and said: While these are the guaranteed fundamental rights, Article 38, under the directive principles of State policy contained in Par IV of the Constitution, places a constitutional obligation upon the State to strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice- social, economic and political- shall inform all the institutions of the national life. Article 37 makes the directive principles of State policy fundamental in the governance of the country and provides that it shall be the duty of the State to apply these principles in making laws. With the development of law, even certain matters covered under this Part relating to directive principals have been uplifted to the status of fundamental rights, for instance, the right to education. Though this right forms part of the directive principals of State policy, compulsory and primary education has been treated as a part of Article 21 of the Constitution of India by the courts, which consequently led to enactment of the Right of Children to Free and Compulsory Education Act, 2009. The court further said that: The Purpose of referring to the same is to understand and appreciate how the Directive Principles of State Policy and the Fundamental Duties enshrined under Article 51A have been elevated by the interpretative process of this Court. The Directive Principles have been regarded as soul of the Constitution as India is a welfare State. At this juncture, it is apt to notice the view expressed by a two judge Bench of this Court in Ashoka Smokeless Coal India (P) Ltd. V. Union ofIndia150wherein it has been laid down that the Directive Principles of State Policy provide for a guidance to interpretation of fundamental rights of citizen as also the statutory rights. The court has shown a very positive attitude towards the exercise of Directive Principles. The Directive Principles of State Policy though not enforceable have such a

149 150

(2012) 6 SCC 102 Ashoka Smokeless Coal india (P) Ltd. V. Union of India, Appeal (civil) 5302 of 2006

76 | P a g e

positive and strong affect that to fulfill the promises of social development as mentioned under the Part IV of the Constitution, new provision like Tight to education under part III are incorporated into the Constitution of India. But this is not how the court always felt. As mentioned in the earlier chapter related to employment the apex court of the country where the court gave a judgment against the women’s right to work. Sexual harassment at work will come into existence when women are given the right to work. In many industries like mining et al women are denied entry. Even the Indian army recognized the feminist Power very late. It was only after 1992 that women were allowed to apply for armed forces job. It took around half a century for women to get their worth acknowledged in an independent, socialist, democratic country of ours. Serving the nation is something which every honest and devote citizen would like to do if given a chance. But women were denied this right on the face of it. Even after allowing women in the army they are not given the privilege of permanent commission. They unlike their male counterparts do not get pensions and other medical benefits after retirement151.

Sexual Harassment at work Sexual harassment at work is a form of sexual discrimination. It can be verbal or physical sexual overtones whether directly or by implication. Such behavior creates an intimidating and hostile environment at work. It is true that women have faced much discrimination and violation at work. Initially in the absence of law the Supreme Court used Directive Principle for protection of rights of women rather the integrity of working women. In other words we can say that in the absence of enacted law to provide for effective enforcement of basic human right of gender equality and guarantee against sexual harassment at work, the apex court laid down certain guidelines to be followed till a proper enactment comes into force and this shall be

151

Women in the Indian army, available at http//www.hindstantimes.com/India/women-in-india-armed-forceschallenges-triumphs-and-male-response/story-q8fz7kJwCLGpx97aig9MCM.html(last visited on 26 ndMarch, 2017)

77 | P a g e

treated as a law promulgated by SC under 141 of the Constitution of India.152 In the case of RupamDeol Bajaj v K.P.S. Gill 153 the court up did not held the dignity of women. The court did not allow the police officer to take advantage of his power and post and escape after sexually abusing a female police officer. In the case of Vishakha v State of Rajasthan154, where a women was gang raped in a village of Rajasthan while doing her work for an NGO, makes the most appropriate illustration for sexual harassment at work. In this case the Supreme Court laid down certain guidelines to be followed at the place of work. In this case, the CJI said that “This Writ Petition has been 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”. He further added that: There is an increasing awareness and emphasis on gender justice, there is increase in the effort to guard such violations; and the resentment towards incidents of sexual harassment is also increasing, The present petition has been brought as a class action by certain social activists and NGOs with the aim of focussing 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. The incident reveals the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate; and the urgency for safeguard by an alternative mechanism in the absence of legislative measures. Each, such incident results in violation of the 'fundamental rights of 'Gender Equality' and the 'Right of Life and Liberty'. It is clear violation of the rights under Articles 14, 15 and 21 of 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

152

Vishakha v State of Rajasthan, AIR 1997 SC 3011 AIR 1996 SC 309. 154 Supra note147 153

78 | P a g e

carry out any occupation, ,trade orbusiness'. Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women. Apart from Article 32of the Constitution of India, we may refer to some other provision which envisage judicial intervention for eradication of this social evil. Some provisions in the Constitution in addition to Articles14, 19(1)(g) and 21, which have relevance are: Article 42: "42, Provision for just and humane conditions of work and maternity relief The State Shall make provision for securing just and humane conditions of work and for maternity relief.”Article51A: “51A.Fundamental duties. It shall be the duty of every citizen of India, - (a) to abide by the Constitution and respect its ideals and institutions (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women: Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognized basic human right. The International Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve this purpose.

The Supreme Court laid down certain guidelines to be followed: It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment .of women: 1. Duty of the Employer or other responsible persons in workplaces and other institutions: It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual. harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking allsteps required.

79 | P a g e

2. Definition: For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (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. Where any of these acts is committed in circumstances where under the victim of suchconduct has a reasonable apprehension that in relation to the victim's employment or work, whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem, It is discriminatory for instance when the woman has reasonable grounds to believe that her objection. would disadvantage her in connection with her employment or , work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. 3. Preventive Steps: All employers or persons in charge of workplace 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 as defined above at the work place should be notified, published and circulated in appropriate ways. (b) The rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rule/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 order sunder 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 here employment.

80 | P a g e

The Court issued as in as ten binding guidelines to be followed by employers at the workplace for safety of women. In the Judgment the court directed that these guidelines should be strictly observed for preservation and enforcement of working women. The state has brought into force many schemes for the development and safety of women at work place but a lot need to be done still. The issue is not just safety but the freedom to choose to work. The State must provide enough opportunities to women so as to encourage them to join the working force of the country. The government has implemented several schemes for programs for welfare of rural as well as Urban work force. The schemes need to be executed properly in order to give a positive effect. It's not just the government the judiciary had also dealt with this in an affirmative manner. The right of women to work has been developed also through contestation. Many cooperative organizations like AMUL, SUDHA, LIZZATPAPA Dhave come into being and they take women labourers. The job does not involve any derogatory work and also helps in women empowerment. The approach of SC has also changed in matters of women employment has also changed. In the case of Nergesh Meerza155the court denied any- kind of discrimination under Article 14 of the Constitution of India but in a similar case tiled by airhostess with respect to their employment156the apex court said that the provision for termination of job in case of marriage did not violate Article 14 of the Constitution of India but it is not just this. It violates the guidelines of socio-economic justice provided by the Constitution of India. In the recent case of Charu Khurana157also the court discussed the provisions of Part IV of the Constitution of India in deciding the matter relating to employment' of women as a hairstylist in the makeup industry. Education is the key to knowledge and knowledge to awareness. It 'is one of the most important components in the development of a human and in this respect of a woman. There is deep history of non education of women in India. They were always suppressed and treated as house helps. After Independence the government worked towards the betterment of education of women in the country. National Commission on 155

Supra note 44 Air India Cabin Crew Association v Yeshawine Merchant And Ors 2004 AIR (SC)187 157 Supra note 140. 156

81 | P a g e

Education was formed and they provided for affirmative action in the form of reservations and special provisions to encourage education of women in the country. The Nation Commission on education, 1988 focused mainly on the education of women in the county. The commission talked about dealing with every sphere of education. Many government schemes were introduced to encourage the education of women in India. The biggest is the Sarva Sikhsha Abhiyan which is blanket legislation and covers all the other schemes. The Mahila Samkhya Yojana is a wonderful piece of legislation which deals with education of girls and women. It deals with primary level of education within a block. It includes the opinion of those and incorporates suggestions given by the students as a teaching method. The scheme also provides that If a girl continues her education after the primary level and opts to go for secondary level education then an amount of rupees three thousand shall be deposited into their account which they can avail at the end of their course. The government also has launched schemes to provide hostel to these students. Apart from these schemes of free education, the government has also launched schemes for giving scholarship to under privileged girls of SC/ST community. The schemes if we 'look at them and analyze provided a lot to encourage the education of women but making a scheme is not sufficient in itself, what needs to be done is monitor the proper execution of these schemes. The government in many cases has tried to take help of NGO's in execution of the scheme but the basic problem of monitoring still remains the same. The other major problem with these schemes is that there is not proper advertisement of these schemes. The people who should be told about these attempts made by the government for their benefit are unaware of such steps taken by the government. The underprivileged class does not have means or resources to be updated with such scheme. The problem of pulling in the right mass who can benefit from such schemes of the government rather the ones for whom it is made are unaware of such development and this issue needs to resolved at the earliest else it is a total waste of resources. The other problem is of drop out from these institutions. The parents enroll their daughters in these institutions but as they belong to underprivileged background when there come any kind of economic crisis they drop their daughters out of the school providing free primary education and seek employment for them(Odd jobs

82 | P a g e

which does not require skill). Such drop out makes the entire effort a mere futile exercise. The object remains unfulfilled but the resources are wasted in vain. The Apex court has also taken the concept of education very seriously. Recently in the case of Rajbalav.State of Haryana 158 where the contention was to have a minimum educational requirement of Class X for contesting the post in panchayat at elections was upheld by the Supreme Court. The case primarily was over the constitutional right of contesting an election but the issue of education formed the underlying basis. The Court through its ruling gave importance to education. The issue of Panchayatat is the perfect example of inter relation of work and education of women. The government in order to promote and empower women took an affirmative action and reserved the one third of the seats in panchayatat election for women. The new amendment by Haryana government can be seen as an indirect measure to force people to educate women. In the rural part of India, panchayatat elections hold a very sacrosanct position. They are a mode of showing power and progress but this progress was an illusion. The women were made to contest the elections and the male of the family treated her like a doll and took decisions in her name. The women still remained uneducated and the actual purpose of women empowerment and giving them the option of choice and liberty was never fulfilled. This decision of the court has been cursed by many people on various grounds but in the researchers opinion this is a commendable step and necessary to ensure education of women in the rural areas atleast.

4.3 RIGHT TO WORK AND RIGHT TO EDUCATION: THE INTERLINK In a developing society like India, good education generally is presumed to be the first step of a good job. The idea of government to provide free primary education till the age of fourteen years does not include the minimum qualification of class tenth or matriculation, A simple reason of underprivileged people to educate their children is to 158

(2015) 43 SCD 171.

83 | P a g e

give them a better life and restrict rather prevent them from leading an inhuman life in the lack of resources. Article 46159embodies the concept of distributive justice which calls for removal of economic and educational inequalities. Distributive justice comprehends more than achieving lessening of inequalities by methods of lessening debts, direct regulation of contractual transactions or by forbidding certain transactions160The economic independence rather economic empowerment of the poor and backward class of women in the society as enjoined under article 46 is a constitutional objective basic human and fundamental right to enable laborer. 161 The Constitution talks about primary and secondary education but what is the motive behind providing free primary education till the age of class eight. If the reason is to build scientific temper then that is also not being fulfilled. Till class eight especially in government school the syllabus is not is not as such very extensive. If the motive is to build the basic scientific aptitude then it definitely solves the purpose. An initial knowhow of the reasons behind changing seasons, day and night, first aid and other basics can be taught. Calculations are required in daily life from buying vegetables to analyzing house expense; the aptitude for this can be developed by teaching regular economics. If the purpose of the government is to achieve all this then it is a fruitful exercise and utilization of resources but if the government intends to develop this targeted then the exercise is quite futile and resources wasted. This education will not help this class of women get a service class job rather a government job as any job even of a clerk requires education till class 10th.Work plays a very important part in uplifting the socio-economic status not just of a person but also his entire family. The schemes of the government are launched for these families who generally cannot afford the expense of education and due to lack of funds send their daughters for odd jobs or these girls are forced to work as daily wage laborers. If the free primary education does not lead to a

159

The Constitution of India, art.46: Promotion of educational and economic interests of Scheduled Castes Scheduled Tribes and other weaker sections.The State shall promote with specialcarethe educational and economic interests of the weaker sections of thepeople, and, In particular, of the Scheduled Castes and the Scheduled Tribes and shall protect them from social injusticeand all forms 0f exploitation. 160 161

LingappaPochanna v. State of Maharashtra.AIR 1985 SC 389(398). Jagawant Kaur Sing v State of Maharashtra, AIR 1952 Bom 461.

84 | P a g e

service class job then there will be no motive for indulging time in an activity which is not fruitful. If getting free education means working as a daily wage labor eror doing some skilled labor in a small scale industry then spending fourteen years of life behind education will not bepreferred.The real question is what true intent of the government isDevelopment of socioeconomicnature for the lower strata of the society is incomplete without giving them the powerto make choice of their own future. Their right of self determinationis never acknowledged bythem. If the scheme of the government is not providing results as desired by those availing it, then there are chances that these people for whom it has been developed might not be attractedtowards and withdraw their participation. And the ultimate aim of providing good employmentthrough education in order to move towards a more developed society.

4.4 THEAPPROACH OF THE SC TOWARDS DPSP IN DECIDING CASES RELATED TOWORK AND EDUCATION OF WOMEN

The Articles included in Part IV, of the Constitution contains certain directives which shall befollowed by state both in the matter of administration and in the matter of making of laws. Thearticles contained under Part IV embody the aims and objectives of the state under the republicanform of government that is it is not a police state but a welfare state.162 Initially the decisionstaken by the Supreme Court paid less attention towards Directive Principles as they paid lessattention to the Provisions under Part IV because of their non justifiable and non enforceable character. The Supreme Court at the earlier stage considered Directive Principles inferior to Fundamental Rights and probably this was one reason which prohibited the court to consider the socio economic justice guaranteed by Directive Principles in the case of Nargesh Meerza163 and decided the case on the tenets of Article 14 and ruled against women. The subsequent decisions of the Supreme Court changed this trend and a· new trend came into being. In the case ofKesavanandBharativ.State of Kerela 164 , a thirteen member bench of the Supreme 162

Supra note 120 Supra note 120 164 AIR 1973 SC 1461 163

85 | P a g e

Court said that there was harmony between Directive Principles and Fundamental Rights because they supplement each other in aiming at the same goal of bringing about a social revolution and establishment of welfare state, which is envisaged in the preamble to the' Constitution. The Constitution aims at the synthesis of the two and part IV constitutes the heart of the Constitution and together they form the core of the Constitution.165They are not exclusionary but complimentary to each other.166The Court further said that the legislations enacted by the State to remove inequalities and bring in distributive justice. 167 After the decision of Kesavanand-Bharati.State of Kerala the view of the court changed and it has been issuing directions to the government and the administrative authorities to take positive action to remove grievances which have been cause by non-implementation of the Directive Principles.168 The Court further said that the provisions of Part IV may not be enforceable but they are fundamental in the governance of the country and it shall be the duty of the state of apply them in governance of the country. 169 The State shall strive to promote" the welfare of the people by securing and protecting as effectively a it may a social order in which justice, social, economic and political shall inform all institutions of the national life.170 The latter approach of the Court enhanced the utility of the Directive Principle interpretation of the Constitution, The court further held that it may take the help of directive Principles in interpreting a fundamental right and adopt a construction which makes the right containing Directive Principle instead of rejecting it all together.171They should adopt the principle of harmonious construction so as to give effect to both as

165

Markandeyav.Stale of Andhra Pradesh, AIR 1989 SC 1308. J.P. Unnikrishnanv.Stale of Andhra Pradesh.AIR1993 SC 2178 167 L.PAppealwarv. Stale of Maharashtra, A.LR1985 SC 389. 168 Comptroller and Auditor General of India v. K.SJagannathd«, AIR 1987 SC 537 166

169

P.M. Shetty v. State Karnataka, AIR 1939SC 100.

170

ThcConstitution of India. 1950 art 38(I)

171

MohdHanif Qureshi v. Stale vBihar, AIR 1958SC 731.

86 | P a g e

much as possible172. Even to the extent of reading Directive Principles into fundamental rights 173 because DPSP entail a body of socio economic justice as assured in the Constitution. The provisions of part III arc to be read with regards to the Directive Principles and the Preamble. Initially there was an issue regarding the Primacy of Part III and Part IV of the Constitution. The unanimous ruling in the case of Kesavanad Bharati v. Union India174is the one where the court very wisely did a collective reading of the Directive Principles in the fundamental rights and said: Our founding fathers were satisfied that there is no anti-thesis between the Fundamental Rights and the Directive Principles. One supplements the other. The Directives lay down the end to be achieved and Part III prescribes the means through which the goal is to be reached. Our Constitution does not subscribe to the theory that end justifies the means adopted. The Counsel for the petitioners urged that the Fundamental Rights are not the cause of our failure to implement the Directive Principles.According to him.It is not the Constitution that has failed as: but we have failed to rise to its expectations. He urged that the attack against Fundamental Rights is merely an alibi and an attempt to find a scape-goat on the part of those however unable or willing to implement the Directives. These allegations are denied on behalf of the Union and the States. It was urged on their behalf that interpretations placed by the courts on some of the Articles in Part III of the Constitution have placed impediments in the way of States, in implementing the Directives. These Controversies are not capable of being decided by courts. In the case of A.S. Krishna v. State of Madras175where it was held that the due process clause in the American Constitution could not apply to our Constitution. In this connection Venkatararna Ayyar, J. Observed thus:-

172

Ibid Ibid 174 Kesavanand Bharti v. State of Kerala AIR 1973 SC 1461. 173

175

1957 AIR 297 1957 SCR 399

87 | P a g e

"The law would thus appear to be based on the due process clauseand it is Extremelydoubtful whether it can have application under our Constitution." The approach of the Court towards Part IV has changed from independence till today. The approach which the court took initially which was that they considered fundamental rights above directive principles and did not use these principles of social justice mentioned in there in deciding the cases but with the passage of time the basis of interpretation changed and the concept of social justice came into regular use, the cases of labor and work of women began to be decided in the light of directive principles and not just on the tenets of Article 14 and 19 of the Constitution. Another issue with the existing system of work and education is that the schemes of the Government are made for people who cannot afford elementary level of education or education at all. The basic reason behind getting education for these families is not awareness but a hope to increase their economical and social standard. The government policies in its very basis provide free education till the age 14 years which can hardly be till class eight, The education till class eight can only bring basic awareness but cannot provide a job of secretary, clerk or any better position. The basic aim is to develop the socio-economic condition of those families and not just provide awareness. The present policy formation does not support the interlink of work and education in India. The Directive Principles have over the period of time played a significant role in the development and empowerment of women and helped the supreme court to work on theguidelines in order to provide social justice. In the recent cases of Rajbalav. State ofHaryana176 The supreme decided the case keeping the ultimate goal of social justice in picture. Social justice for women can be achieved by empowering them and no empowerment can be achieved without education and economic independence. Both of these are equally important and cannot be substituted for another. They go hand in hand in the 176

1957 AIR 297.

88 | P a g e

Indian context. The imitative of social change mainly rests with the legislature. The policies of legislature should and must be framed ina way to honor the provision of the constitution. The provisions of equal pay and equal work are provided under the directive principles. In the case of Sita Devi and others v. State of Haryana and other177the case was of equal pay on the basis qualification, the court held that: It was held that distinction made on the basis of technical qualifications or for that matter even on the basis of general educational qualifications relevant to the suitability of the candidate for public service is permissible under the said articles Indeed,in that case both the matriculate and non-matriculate tracers formed one single category with one single pay scale earlier. It was only at a later stage that a distinction was made between matriculates and non-matriculates, which led to the said proceedings. This Court proceeded on the assumption that both matriculates and non-matriculate tracers "were doing the same kind of work,” yet the classification made was upheld as permissible under Articles 14 and 16 of the Constitution. Distinction on the basis of educational qualifications has been upheld as valid by this Court in a large number of cases since. In another case178 the Supreme Court talked about protection of women at work place and said that: As a largest democracy in the world, we have to combat violence against women. We are of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by Parliament and the State Legislatures to protect women from any form of indecency, indignity and disrespect at all places (in theirhomes as well as outside), prevent all forms of violence - domestic violence, sexualassault sexual harassment at the workplace, etc; and provide new initiatives foreducation and advancement of women and girls in all spheres of life. After all they have limitless potential. Lip service, hollow statements and inert and inadequate laws

177

AIR1996 SC 2764 MedhaKotwalLelev. Union of Others AIR 2013 SC 93.

178

89 | P a g e

with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population - the women. It can be said that the Directive Principles have played a very important role in the development, upliftment and empowerment of women following the object of socialjustice. The Indian Judiciary has changed its outlook towards DPSP and has begun toutilize this important tool in the matters related to education and employment of work.

4.5

INDIAN WOMEN ARE RAPIDLY LEAVING THE WORKFORCE

According to an article by the Hindustan times last year Indian women leave work more frequently than any other women in any other country, the article is given below with the graph as to understand why thus the same happens. Indian women are leaving the workforce in droves. Since 2005, the percentage of working-age Indian women who participate in the labour force has dropped by 10 percent, the largest drop of any country in the world during the same time period, according to data from the International Labour Organization. The exodus of Indian women from the labour pool undermines the popular narrative of a modernizing India, where women are free to enter public life as the country sheds its patriarchal past. It also calls into question the effectiveness of the government’s recent efforts to promote gender equality. In April, Prime Minister Narendra Modi himself made the case for women in the workplace. “If the capacity of women is built, and they are linked with the development process, then the development of any country is speeded exponentially,” Modi told the Press Trust of India.

90 | P a g e

By that measure, India’s development ought to be speeding in reverse. Between 1990 and 2005, the percentage of working-age Indian women in the workforce rose from 35 percent to 37 percent. In the last decade, however, the country has reversed course, with female labour participation declining to just 27 percent by 2014. That’s tied for 16thlowest in the world.

91 | P a g e

Source: International labor organization

There are several likely reasons for the drop off. Sher Verick, an economist at the International Labour Organization based in New Delhi, pointed to increased educational enrollment and a withdrawal from agricultural labour as two likely causes. Anuradha Chatterji, a manager at the human rights organization CREA, also blamed lax enforcement of workplace sexual harassment policies, which have become more important as women move from rural agricultural work to urban office jobs. Over the last decade, women in most of the world’s countries have enjoyed greater participation in the labour force: 114 countries out of 185 recorded an increase in the percentage of women who earn incomes. Only 41 countries experienced drops in female labour participation.

92 | P a g e

Megha Kapoor Mehra, 27, worked at the office of a major accounting firm in Gurgaon for nearly five years, rising quickly through the ranks of the company. But last November, Mehra quit her job when her superiors began to question her commitment to the firm after she announced her marriage engagement. “People were saying, ‘Your commitment level has changed, your seriousness has changed,’” even though she had continued to work the same amount of hours, Mehra said. “If a man is getting married, I don’t think he would get that kind of reaction at work.” It seemed as if the firm’s few successful women had been forced at some point to choose their work over their family, a decision men did not have to make. The pressures from home, too, proved overwhelming. After she married, she moved in with her husband’s family, who were uncomfortable with her leaving for work at 8 in the morning and coming home at 8 at night.

93 | P a g e

Mehra said she hopes to find a job again, though she does not know when that might be. “I won’t let all my experience and all my knowledge go to waste,” she said. The Indian economy excludes women like Mehra at its peril. According to a 2012 report by Booz and Company, India’s gross domestic could grow by as much as 27 percent if women worked as much as men. “Ultimately, from a macroeconomic perspective, women’s participation and engagement in work and entrepreneurship is critical if India is to sustain a high level of inclusive growth,” Verick said. To be sure, some women who are able to join the workforce do not wish to do so. But many others who would like to work are barred from doing so, often due to customs beyond their control. In a country where men share very little housework, many Indian women are too occupied with household duties to also take on a job. Others are unable to earn money when the demands of raising children fall squarely on their shoulders.

94 | P a g e

“Either I had to join my work after my maternity leave, or I had to leave my work,” recalled MadhumitaNath, 32, of her experience at an NGO in Kolkata. “I did try to make things work and to see if the baby can be brought to the office, and if a room could be arranged. We did explore this kind of thing, but things didn't work out.” InekeBezembinder, a spokesperson for Women on Wings, a non-profit that creates jobs for women in rural India, said that for some women, earning an income can provide benefits in addition to having more money to spend. “Their position in their family and even in their community changes,” Bezembinder said. “In the eyes of their in-laws, they go from being a burden to being someone who looks after the family and contributes to the family income.”

95 | P a g e

This article clearly shows the reason why women are not able to continue with their jobs and are not able to further their career. 4.6

WHY

DON’T

WOMEN

CONTINUE

THEIR

STUDIES

AFTER

GRADUATION Another article in 2016 by live wire shed some light as why are women not continuing their education after graduation. The expert from the article are below; “The trend of more young men than women is evident at almost every level after high school, except M.Phil, post graduate and certificate courses, where female enrolment is slightly higher than male enrolment. While more young women are enrolled in higher education than ever before – and apparently more successful in clearing 10th-standard board exams than young men – they are either marrying early or not finding or not looking for jobs, according to an India Spend analysis of various data. The enrolment of girls in higher education increased from 39% to 46% from 2007 to 2014,but female participation in India’s labour force declined to a low of 27% in 2014 from 34% in 1999, according to a 2015 study by the International Monetary Fund (IMF). Almost 12 million women are enrolled in undergraduate courses, but few continue to professional courses; 600,000 women were enrolled for diploma courses in 2013, the latest year for which data are available. Even fewer women sign on for PhDs; only 40% of PhD candidates are female. In 2016, as we said, girls were more successful than boys in clearing 10th-standard exams of a national education board, a trend that has held over seven years. While 428,443 girls appeared for the 10th-standard exams of the Central Board of Secondary Education (CBSE), 379,523 were successful–a pass percentage of 88.5%, according to CBSE data. By comparison, 564,213 boys wrote the exams and 444,832 were successful–a pass percentage of 79%.

96 | P a g e

Source: Hindustan Times e- Newspaper

CBSE X standard exam results, 2016. Source: Central Board of Secondary Education Pressure to marry early continues So, what happens to these girls after the board exams? The CBSE is one of many boards nationwide, but the trend of girls overtaking boys is probably being repeated elsewhere. What could be responsible for the trend reversing itself in higher education and young women not making it to the job market is the push to get married. Although the median age of marriage has increased, it continues to be low: 19.2 for women in 2011 (up from 18.2 in 2001), according to 2011 Census data. Men got married, on average, at 23.5 in 2011, up from 22.6 in 2001. 97 | P a g e

The enrolment in higher education has been estimated to be 33.3 million, of which 17.9 million were male and 15.4 million female in 2014-15, according to the All India Survey on Higher Education, released by the Ministry of Human Resource Development in 2015. Young women accounted for 46% of the total enrolment in higher education, an improvement from 44.3% in 2012-13. The gross enrolment ratio (GER, the number of college students in the 18-23 age group as a proportion of all young men and women in that age group) in higher education in India was 23.6 in 2014-15, up from 20.8 in 2012-13. This is lower than the global average of 27 and lower than other emerging economies, such as China (26) and Brazil (36),

according

to data released

by

the

Ministry

of

Human

Resource

Development. While the GER for young men was 24.5, the GER for young women was 22.7 in 2014-15, an improvement from 17.9 in 2012-13.

Source: Ministry of Human Resource Development

98 | P a g e

The number of young men enrolled for higher education increased 13% to 17.9 million in 2014-15, from 15.8 million in 2012-13, and the number of young women enrolled increased 21% to 15.3 million from 12.6 million.

After graduation, numbers of men increase, women decrease The highest concentration of women is seen among undergraduates, at 12.4 million, followed by 1.9 million for post-graduation. Only 0.6 million girls are enrolled for diploma courses. As many as 14 million boys are enrolled in undergraduate courses (almost 17.5% higher than girls), followed by post graduation (1.8 million, or 6.1% lower than girls) and graduate diploma courses (1.6 million, 61% higher than girls). The trend of more young men than women is evident at almost every level after high school, except M.Phil, post graduate and certificate courses, where female enrolment is slightly higher than male enrolment. Post graduate courses have 49% males and 51% females, according to the data released by Ministry of Human Resource Development.

99 | P a g e

Source: Education statistics, Ministry of Human Resource Development; figures in %

Women tend to focus on the humanities, with 38% of all women enrolled in Bachelor of Arts courses, followed by science and commerce; 28% of men enrol for BA courses. When it comes bachelors of education, women (2.8%) once again outnumber men (1.8%). Up to 8% of all young men sign up for bachelor’s courses in engineering, nearly double of women (4.1%). There is a similar skew for male (9%) and female (4.5%) in bachelors in technology courses. In conclusion to this chapter, we can clearly say that the society of this country if not entirely can be shifted to matriarchal society from patriarchal society, it should at least be shifted to gender neutral society so, that both the gender have equality in every aspect of life.

100 | P a g e

CHAPTER - 5 CONCLUSION AND SUGGESTIONS

The issue of work and education of women has been long discussed. And it has also been discussed in length in the dissertation with special reference to the DPSP. When the country got independence, women of the nation were in dire need of help. During the colonial era women were adversely affected. Their condition detoriated so much that post-independence they were placed under the socially and educationally backward class. The two hundred years of colonial rule had hit the-country badly and robbed it of its wealth, health and resources. Thus, the immediate need after independence was to get social justice. The Constitution as interpreted by the Supreme Court is coming in the way of social progress. The Directive Principles cannot be achieved by without diluting the Fundamental Rights. The vision of the constitution makers is reflected under Chapter IV of the Constitution. These principles are not enforceable in nature though fundamental in the governance of the country. The Constitution enjoins the state to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political shall inform the institutions of national life

179

. The Constitution visualizes profound social and economic

transformation and includes in particular the restructuring of the economy with the view of exploitation and disparities and modernization of society. The legislature out of the three organs is responsible for bringing a social change in the society. The courts have to facilitate the implementation by adopting a liberal interpretation. When the country got independence the social condition was awful and the newly formed government was responsible and obligated towards the development of the country. No foreign power could be blamed for the incompetence of the social and political structure. The political structure was aimed towards building a new rather 179

The Constitution of India Article 38

101 | P a g e

modern society informed by humanism, the mutation of socio cultural values and economic structures assumed the supreme importance. The political decisions, economic capabilities and technological know- how dictate the direction and pace of new order but the actual change be achieved only through legal process. The Rule of law was the only tool which could have brought social upliftment in the society. Legal justice in India kept hobbling in various directions. The provisions of the constitution needed to be read vividly and liberally. A lot of research was yet to be done and it was in the hands of the Supreme Court to uphold the law and give the new interpretation in order to fulfill the object of the preamble to the Constitution. Although in the beginning in the case of Champakam Dorairajan180the apex court held that the Directive Principles are subservient to the Fundamental Rights. The case related to work and education of women was generally decided on the basis of Article l4, l9 and21 and part IV was not taken into consideration. The non-use of directive principles at the initial level defeated the entire idea of social justice as mentioned in the constitution In the case of A.B.S.K Sangh v. Union‘ of India181 Justice Chinappa Reddy said: “It becomes the duty of the Court to apply the Directive Principles in interpreting the Constitution and the laws. The Directive principles should serve the courts as a code of interpretation.

Fundamental

Rights

should

be

interpreted

in

the

light

of

directive principles and the latter should whenever and wherever possible be read into the former.” The jurisprudence of the Supreme Court has changed with the period of time. The attitude of the court towards the Directive Principles has changed. Initially the court did not use the directive principle in decision making. The court gradually showed greater concern for personal liberty and for rights of weaker section of the society. The court came to rescue of women who were facing social and gender discriminations in their jobs, prisoners and other underprivileged groups through its interpretation. The decisions of the Apex court show that social justice without a doubt has become a part 180 181

State of Madras v. ChampakamDorairajan AIR 1951 SC 226 (1981) 1 SCC 246

102 | P a g e

of the priority list. Social upliftment is dependent on legal experiments and the Apex court of the country was the only body other than the legislature to do such experiments. Initially economic stability was necessary and economic stability is a part of social upliftment. The government in order to provide maximum benefit took some affirmative action in the form of reservation and these were limited to the backward class of people. Women formed a major part of the backward class irrespective of their social and economical background. Most women were illiterate, underprivileged and did not have a say in their own life related matters. The most important task then was of empowerment of this “other" which existed in the society and formed one half of the globe. Two necessary components if the empowerments are independence of thought and economic independence. Independence of thought can be achieved by awareness and awareness can be brought only through education. Economic independence cannot be brought by providing mere jobs to these women who had economic instability; it requires some sort of social security as well. The government set up Labor Commissions and Commissions on Education. These Commissions were set up to analyze the situation of education and labor in the country. The reports of the Commission on Education showed that women in the country dropped out of the school in large numbers. It was very few who opted for secondary education. The reason behind this was the economic backwardness and instability of their family. The families could not afford the cost of education which for them at that time did not look necessary. The main issue was enrollment of girls in the school and encourages their parents to let them complete their primary education. The initial plans of the government did not work that well. The reports focused mainly on overall development and not specifically on women. It was later that the New Report on Education dealt specifically with education of women and devised means for it. In the normal parlance when we think about the need and right to education Article 21A, comes to our mind but apart from this provision the Government from time to time has enacted various schemes for education of women. The government also tried to devisenew means of execution of these schemes. In order to give more autonomy the schemes were executed with the help of the NGO’s. The right to education under Article 21 A, 103 | P a g e

provides for free education of children between the age of twelve and fourteen even if they have passed the primary level. This provision talks about education for all. The schemes developed by the government are especially for women. Although, most of these scheme now form a part of the Sarva Sikha Abhiyan. The primary education under these schemes is free of cost but the secondary education is not. The age of the children till which they can avail free education is fourteen. A child under normal circumstances does not sit for matriculation exam before the age of sixteen. There is no provision for a government job which requires educational qualification below class tenth. Thus, the reason behind providing free education till primary level is not well justified. 'Every scheme must have an object and the object behind imparting free education is not just for awareness but also for empowerment. The object of awareness is fulfilled but that of actual empowerment is not achieved. The report of the second National Commission on Labor addressed the problem of women in the work force. The major concern was not participation, the report said that women participated a lot in rural works the issue was unpaid work. The work done by women was mainly considered to be their obligation and not a job or labor done by them. In the rural areas Women work in field, take care of cattle but for the job they remain unpaid. Another problem that surfaced with employment of women is ownership. Women in the rural areas do not own land and the labor they do on the land is unpaid. Thus, the work does not give them economic independence nor does it make them empowered. The government after independence had huge responsibility of managing the labor class of the country as they were most exploited and miserable. The efficiency of this mass had to be challenged in a positive way to get the most of it and also to prevent them from getting into even worse situation. The government came up with many schemes and provisions in order to encourage participation of women in the work place which was male dominated. The issue of security and safety was the first to be tackled. Women needed both physical and psychological safety. The female have always suffered from violence in the work place and a lot of discrimination in the form of unjustified reservations in the work norms.

104 | P a g e

The Apex Court has played a great role in the improving the condition of women rather making laws through cases for empowerment and development of women in the Indian society. The court initially decided the cases related to work and education on the principle of Article 14, 19 and 21. The tenets of these articles did not fulfill the motto of social development (with special reference to women) as prescribed in the Preamble to the Constitution. A society cannot develop fully unless the women of the society develop both intellectually and economically. After two decades of independence when the Supreme Court started considering Directive Principles of State to be fundamental in the governance of the country that the mode of deciding the cases changed and focus shifted to social development which proved beneficial in deciding cases related to women. It can be said that using the socio economic principles as provided under the directive principles can prove to be very effective mechanism in resolving issues of work and education of women in India. It will open an entire new dimension of analyzing cases and issues as per the demand and requirement of the social condition of the society. It will create a new avenue in the field of law for lawyers, practitioners, judges, researchers and academicians. 5.1 SUGGESTIONS In a country like India there is always a demand for social and economic upliftment. The main reason behind providing free education to women is to empower women, which is one of the tenets of socio-economic development. The Government in order to fulfill the actual goal of socio-economic development should make the primary level of education till class tenth and the free primary education will help 1n getting more respected and paid jobs. As already mentioned earlier no government job has a requirement which makes a eighth or ninth pass eligible for a job. The minimum educational requirement is of matriculation. Thusmaking primary education till matriculation will encourage the parents to educate their children's after this they can have a better future.

105 | P a g e

The executive should makean attempt to spread awareness about such initiative taken by the legislature. The actual goal shall be achieved only when those who are in need of it and get benefitted from this. The level of education and syllabus in these schools be improved in order to bring these underprivileged girls at par with those who get better than them. The focus should be on overall development with a motive to encourage them to apply for better jobs with their education eligibility: The awareness regarding this should be made compulsory as a part of the educational workshop. The focus should not just be on enrollment but also on retaining of students. The teachers should convince the parents to let their children complete the education and inform them about the benefit not just in philosophical sense but also in economic sense and how it can prove in the socioeconomic upliftment of their children and the entire family. Another Suggestion is to increase the quality of education which is provided in our country with special focus to the women of the countries, the moment the quality of education increases; it will open the avenue for better jobs and jobs security. Live mint, last year that is in 2016 wrote an article on better education system, the government should take notice of the same and enforce it, below is the article. “There is hardly a country in the world that is not attempting to improve its school education. Countries like Canada and Finland, which already have excellent school systems, are still trying to improve. These countries have confidence in their own approach and remain committed to those fundamentals. Like top-notch sportspeople, they are only refining nuances, many of which most other countries have not even begun appreciating. Then there are countries like Estonia and Korea which have much improved systems, but they want to improve more, since in their assessment the situation is not fully satisfactory. These countries are sweating the details, and are also tweaking some of the fundamentals.

106 | P a g e

And then there is the large majority of countries which are dissatisfied with the state of their school systems. They think that they need fundamental and big changes. This list is large and has a wide range, from countries as developed as the US, UK and Sweden to developing countries such as India, China and Malaysia—and also the most disadvantaged countries, for example, in sub-Saharan Africa. To be sure, this is a very rough categorization. It also doesn’t reflect many important dimensions of this issue, like the reasons for dissatisfaction, including high dropout rates, poor learning levels, overburdened children, a sense of getting “left behind” in the global school education “race”, etc. As can be expected, there is such enormous complexity in the efforts to improve school education systems that each country and society must be understood in itself. Any efforts to draw out commonalities are fraught with risks of oversimplification and overabstraction. One of the very few things which are common across these efforts, and would attract neither of the two charges that I have referred to, is the importance of the teacher in school education and its improvement. The teacher is so central to education that this is not surprising. To deal with this centrality of the teacher, four broad approaches have been adopted. The central idea of the first approach is that teachers must be incentivized to do a better job, which will then lead to improvements. This includes negative and positive incentives: for example, punishment for lack of improvement in learning levels of children or better pay for clear improvements. The hardwired “teacher accountability” versions of this approach (such as “No Child Left Behind” in the US) have only succeeded in causing deep damage to school education. Other variations, such as the attempt to incentivize teachers through market-based competition fostered by privatization have proven ineffective in improving learning levels in school systems, and have worsened inequity. The second approach has been to try and attract “better” people to become teachers. The issues that can be worked on to influence this matter—for example, reasonable 107 | P a g e

compensation, good recruitment practices, conditions to support professional satisfaction—are important. However, the relative attractiveness of any profession is determined by a complex interplay of economic, sociocultural, geographic and historical factors, in addition to the characteristics of the profession. And given that the number of teachers is a significant proportion of the overall population in employment in any country, this matter is very hard to influence at a systemic level. The third approach is to carry out better teacher preparation. Since models of teacher preparation, including the curriculum and institutional design, are easily comparable, weaknesses (such as with the Indian Bachelor of Education system) are easily identifiable. Fixing all this, however, is another matter. It is about investing significantly more in teacher education and battling vested interests. This calls for political will. But there is no substitute to good teacher preparation; unless teachers are well prepared, their capacity to perform their roles is limited. The fourth approach is about developing the capacity of teachers currently serving in the system. It’s quite clear that unless this is done, education systems won’t improve for decades, even if other things are somehow done perfectly. Professional development of such a large and distributed workforce, involved in roles that are inherently creative and requiring human empathy, is very complex. But it can be done if attempted on the basis of sound principles and with intent to empower. The incentives approach fails because, among other reasons, of the social-human nature of education, which demands the teacher to be creative, high-expertise, empathetic and ethical. This is almost the classical prototype of a role which can only be played effectively when someone has high capacity and is internally driven. While external conditions and incentives can certainly demotivate and derail, they can’t motivate. Far more effective than any such crude notion of incentives would be better organization of schools and the system, including elimination of corruption and political interference. On attracting “better” people to teaching, we would do well to remember John Dewey’s wise and pithy comment: “Education is, and forever will be, in the hands of ordinary

108 | P a g e

men and women.” To improve education we have to invest in teacher education and professional development of teachers. There are no shortcuts for improving education”

109 | P a g e

BIBLIOGRAPHY

PRIMARY SOURCES

ACTS AND SCHEMES 

The Constitution of India



Employees Provident Fund and Miscellaneous Act, 1952



Employees' State Insurance Act, 1948



Equal Remuneration, 1976



Payment of Gratuity Act, 1972



Payment of Wages Act, 1936



The Apprentices Act, 1961



The Factories Act, 1947



The Indian Penal Code. 1860



The Industrial Dispute Act, 1947



The Labour Laws Act, t 988



The Maternity Benefit Act, 1961



The Right to Education Act, 2009



The Right to Information Act, 2005



Betibachaobetipadhao



Incentives for girls secondary education



Indira Gandhi MatritvaSahyogYojana



Kasturba Gandhi BalikaVidyalaya Scheme



Mahila Samkhya Scheme



National Mission for Empowerment of Women (NMEW)



National Program for Education of Girls at Elementary Level (NPEGEL)



Priyadarshini Scheme



RashtriyaMahilaKosh 110 | P a g e



SarvaSikshaAbhiyan



Scheme For Strengthening Of Boarding And Hostel Facilities For Girl Students



Support to Training & employment Program for Women (STEP)

SECONDARY SOURCES

BOOKS



Antonin Scalia, A Matter of Interpretation (Princeton University Press, New Jersey, 1997)



B.P. Singh Sehgal(ed.) Human Rights in India: Problems and Perspectives (Deep and Deep



Publications, New Delhi, 1995).



Brain Z. Tamanhana, Law as the Means to an End (Cambridge University Press, New York, 2006).



D.D. Basu, Commentary on the Constitution of India, Volume 5(Lexis Nexis, gurgaon, 9th edition, 2015).



D.D. Basu, Commentary on the Constitution of Indio, Volume 3 (Lexis Nexis, Gurgaon, 9th edition, 2015). 111 | P a g e



D.D. Basu, Commentary on the Constitution of India, Volume 4 (Lexis Nexis, Gurgaon, 9th edition, 2015).



D.D. Basu, Shorter Constitution of India, Volume 1 , (Lexis Nexis, Butterwort Wadhwa, Nagpur, 14th edition, 2009)



Dr. H.K Saharay, Cases. and Materials on the Constitution of India (N.M Tripathi Pvt. Ltd. Bombay, 1987)



Dr. DR. L.M Singhvi, Constitution of India, Volume 2(Thomson Reuters, New Delhi, 3rd edition, 2013)



Henry J. Abraham and Barbara A. Perry, Freedom and the Court (Oxford University Press, New York, 1994).



Jeffery Brand, Philosophy of Law: Introducing Jurisprudence (Bloomsburry, New Delhi, 2013).



Katharine G. Young, Constituting Economic and Social Rights, (Oxford University Press, New York, 2012).



K.L Bhatia, Social Justice and Indian Constitution (Deep and Deep Publications, New Delhi 1994)



M. Hidayatullah, Constitutional Law of India, Volume I (The Bar Council of India and Arnold Heinemann, 1994, Delhi). 112 | P a g e



N. Dashrath, A vision forSocial Justice (Cunitho Trust, Bangalore, 2009)



NiklasLuhmann, A Sociological Theory of Law (Routeledge, New York, 2nd edition, 2014).



NrezBanaker and Max Travers, Law and Social Theory (Hart Publishing, United Kingdom, 2nd edition, 2013).



P.M Bakshi, The Constitution of India (Universal Book Traders, New Delhi, 2nd edition, 1992)



Satya Narayan, Selected Works of s.pSathe and Constitutionalism Volume I, (Oxford University Press, New Delhi l" edition 2015)



Shagun Ahuja and Nidhi Rawat, Labour Laws (Regal Publications, New Delhi, 2015).



S.L Agarwal, Labor Relations Law in India (Me Millan Company of India Limited, Meerut, 1980)



SIR Zelman Cowen, Individual Liberty and the Law (Eastern Law House, Calcutta, 1977)



T. B. Smith, Basic Rights and Their Enforcement (The Institute of Constitutional and Parliamentary Studies, New Delhi, 1979).

113 | P a g e



T. V. Subba Rao, Constitutional development in India (Deep and Deep Publications, New Delhi, 1995)

ARTICLES 

GraziellaBertocchi, "The Enfranchisement of Women and the Welfare State" Universita' di Modena e Reggio Emilia(May 2008)



IndraniMazumdarNeetha N., "GENDER DIMENSIONS: EMPLOYMENT TRENDS IN INDIA, 1993-94 TO 2009-10" CENTRE FOR WOMEN'S DEVELOPMENT STUDIES; Occasional Paper Number: 56 (2011).



Jamee1a Pedicini, "The Two Indian Welfare Systems: State & Corporate Responses". Department of Social Policy and Intervention, (2011).



Jenna Johnson, "From the Start: Girls and Women Education in India", Copper Hills High (2009).



Jitendra Kumar & Sangeeta, "Status of Women Education in India", Educationia Confab, Vol. 2, (April 2013)



M. Sugna "Education and women empowerment in India" International Journal of Multidisciplinary Research Vol. 1 Issue 8, (December 2011).



Maarten van Klaveren, Kea Tijdens, Melanie Hughie-Williams and Nuria Ramos Martin, "An overview of Women's Work and Employment in India", Amsterdam Institute for Advanced Labour Studies (2010).

114 | P a g e



Manisha Raj, "Women Empowerment through Employment Opportunities in India", International Journal of Legal and Management Studies (2014)



Martha Alter Chen and G. Raveendran, "Women in Informal Employment: Globalizing and Organising", WEIGO Working Paper (November 2011).



NaliniJuneja "Constitutional Amendment to make Education a Fundamental Right" Nation Institute of Planning and Education, 2013.



Nelly P. Stonnquist "Sex-Equity Legislation in Education: The State as Promoter

of

Women's

Rights"

American

Educational

Research

Association,(l993)



Nisha Nair "Women's education in India: A situational analysis" Issue 2, (January 2010).



Nisha Srivastava, Ravi Srivastava, "Women, Work, and Employment Outcomes in Rural India", Economic Public Weekly (July, 2010).



PreetiRustagi, "Employment Trends for Women in India", ILO Asia Pacific Working Series (2010).



Sona Mitra, "Employment of women in India" available at http://www.cbgaindia.org/files/featured_articles/Womens%20Employment%20i n%20India.pdf.

115 | P a g e



Surjit S. Bhalla and Ravinder Kaur, "Labour Force Participation of Women in India: Some facts, some queries" LSE Asia Research Working Papers (2014).



VarshaKumari, "PROBLEMS AND CHALLENGES FACED BY URBAN WORKING WOMEN IN INDIA", Submitted to the Department of Humanities and Social Sciences, NIT, Rourkela, (2014),



Victoria A. Velkoff, "Women's Education in India" U.S. Department of Commerce Economics an Statistic Administration (1998).



Vimala Ramachandran "GIRLS' AND WOMEN'S EDUCATION: Policies Implementation and Mechanism" UNESCO(l998).



M.P Sharma, "Women Employment in India", available at: http://www.yourarticlelibrary.comlspeechlspeech-on-women-employment-inindia/41338/

WEBSlTES 

http://theconversaticn.ccrn/



http://www.azadindia.org



http://www.yourarticlellbrary.com



https://www.imf.org

116 | P a g e



https://indiatogether.org



https://labour.nie.in



https://mhrd.gov.in



www.amuldairy.com/index.php/about-usihistory



www.catalyst.org



www.confabjournals.com



www.importantindia.com/



www.indiaeelebrating.com/essay



www.indiastat.com



www.tijjat.com



www.wcd.nic.in

117 | P a g e

REPORT 

Annual Report of Department of School and Higher Education.

(2013-

14).



IAMR Report No. 9/2013 on Low Female Employment in a period of High Growth : Insights from Primary Survey in Uttar Pradesh and Gujarat (2013)



Report by Press Information Bureau of India "Bridging Gender Gap in India" (March 2016)



Report of the Education Commission on Education and National Development ( 1964-66)



Report of the Education Commission on The New Education Policy (1986)



Report of Indian Institute for Human Development on India, Labor and Employment, (2014)



Report of the National Labor Commission on Labor, (2002)



Report of the Working Group on Employment, Planning and Policy for the Twelfth Five Year Plan (2012-2017)

118 | P a g e



Report on Employment Rights Of Disabled Women In India: A Study of Compliance and Impact of the Persons with Disabilities Act with Special Reference to UP, Rajasthan, Bihar, Maharashtra and Tamilnadu Sponsored by National Commission for Women. Govt. of India Submitted by Society for Disability and Rehabilitation Studies Report on Jobs; Gender at Work.

119 | P a g e