Why in News- The National Human Rights Commission (NHRC) issued notice to the Central and State Government over Foxconn, a major manufacturer of Apple products, banning the hiring of married women.
UPSC Syllabus:
Prelims: Indian Polity
Mains: GS -I, Indian Society, Issues relating to Women. GS -II: Statutory, Regulatory, and various Quasi-Judicial Bodies, Government Policies and Interventions.
Constitutional Provisions relating to Equality and Women’s Empowerment
The Indian Constitution has various provisions to ensure equality and empowerment of women:
Article 14: Guarantees equality before the law and equal protection of the laws to all persons.
Article 15: Prohibits discrimination based on religion, race, caste, sex or place of birth.
Article 16: Ensures equality of opportunity in matters of public employment and prohibits discrimination on the same grounds as Article 15.
Article 39(A): Directs the State to ensure that men and women equally have the right to an adequate means of livelihood.
Article 42: Mandates the State to secure just and humane conditions of work and to make provision for maternity relief.
Article 51(A) (E): Encourages citizens to renounce practices derogatory to the dignity of women.
International Covenant on Civil and Political Rights (ICCPR)
The ICCPR is a major international treaty aimed at protecting civil and political rights. It also includes key articles related to non-discrimination and equality:
Article 2: Obliges State parties to respect and ensure the rights recognized in the Covenant without any discrimination.
Article 3: Ensures the equal rights of men and women to the benefit of all civil and political rights.
Article 26: Guarantees equality before the law and equal protection of the law without any discrimination.
International Covenant on Social, Economic, and Cultural Rights (ICESCR)
The ICESCR focuses on economic, social, and cultural rights.
The relevant articles include:
Article 3: Emphasizes the equal right of men and women to the benefit of all economic, social, and cultural rights.
Article 7: Ensures fair wages and equal remuneration for work of equal value without any discrimination, especially in the case of women.
National Human Rights Commission (NHRC)
Establishment and Structure
• The NHRC was established on October 12, 1993 under the Protection of Human Rights Act (PHRA), which was later amended by the Protection of Human Rights (Amendment) Act, 2006.
• It is a statutory body, not a constitutional one.
The composition of the NHRC includes:
Chairperson: Former Chief Justice of India or a Judge of the Supreme Court.
Members: Includes former Supreme Court Judge, former Chief Justice of High Court and two members having knowledge or practical experience in matters relating to human rights.
Ex-officio Members: Chairpersons of the National Commission for Minorities, National Commission for Scheduled Castes, the National Commission for Scheduled Tribes, and National Commission for Women.
Limitations of NHRC in redressing complaints of human rights violations
Despite its important role, NHRC faces a variety of limitations:
Lack of enforcement power: NHRC can recommend action, but lacks authority to enforce its decisions.
Limited jurisdiction: It has no jurisdiction over the armed forces and faces obstacles in addressing violations in private enterprises.
Resource constraints: Inadequate financial and human resources to handle the volume of complaints and conduct thorough investigations.
Delay in justice: Long delays in addressing complaints due to bureaucratic hurdles and procedural inefficiencies.
Steps to enhance the effectiveness of NHRC
Enhancing enforcement powers: Amending the Protection of Human Rights Act to give NHRC more authority to enforce its recommendations.
Expanding jurisdiction: Expanding the jurisdiction of NHRC to include armed forces and private sector to comprehensively address human rights violations.
Increasing resources: Allocating more financial and human resources to NHRC for efficient handling of complaints and investigations.
Capacity building: Regular training and capacity building programmes for NHRC staff to enhance their skills and knowledge.
Public awareness: Raise public awareness about human rights and the role of NHRC so that more and more people are encouraged to report violations.
Strengthening collaboration: Promote collaboration with non-governmental organisations (NGOs) and international human rights bodies to leverage their expertise and resources.
Issues related to women in Indian society
Women in Indian society face a variety of challenges that hinder their overall development and well-being. These challenges are spread across various sectors including education, employment, healthcare and social norms.
1. Gender discrimination
Education: Increase the level of discrimination on higher education According to the All India Survey (AISHE) 2020-21, the Gross Enrolment Ratio (GER) for women in higher education is 27.3%, while for men it is 26.9%. However, significant gender differences exist in specific fields of study, particularly in STEM (science, technology, engineering, and mathematics).
Employment: The Periodic Labour Force Survey (PLFS) 2020-21 report shows that the female labour force participation rate (LFPR) is only 22.8%, while for men it is 70.4%. Women are also underrepresented in leadership positions and face barriers to career advancement.
Healthcare: Inequalities in access and outcomes to healthcare are evident. The National Family Health Survey (NFHS-5) highlights that 57.2% of women (aged 15-49 years) in India suffer from anaemia, indicating inadequate access to nutrition and healthcare services.
2. Violence and harassment
Domestic violence: NFHS-5 data shows that 29.3% of married women (aged 18-49 years) have experienced violence by a husband. Legal mechanisms such as the Protection of Women from Domestic Violence Act, 2005 aim to address the issue, but implementation remains inconsistent.
Sexual harassment: The National Crime Records Bureau (NCRB) 2021 report indicates a high number of reported cases of sexual harassment and assault. In 2021, over 31,677 cases of rape were reported across the country, reflecting ongoing safety concerns for women.
3. Economic inequality
Wage inequality: According to the Global Gender Gap Report 2023 by the World Economic Forum, India’s gender pay gap is around 35.4%, with women earning significantly less than men for the same work.
Economic resources: Women have limited access to financial services and credit. The Global Findex Database 2021 report shows that only 53% of Indian women have bank accounts compared to 72% of men, highlighting the financial inclusion gap.
4. Educational Barriers
Literacy Rate: NFHS-5 shows that the female literacy rate in India is 70.3%, while it is 84.7% for men. This gap is more pronounced in rural areas, where cultural and economic factors restrict girls’ access to education.
Higher Education: Access to higher education for women is improving, but challenges remain. Initiatives such as Beti Bachao Beti Padhao aim to promote girls’ education, yet socio-economic barriers remain, limiting opportunities for higher education.
5. Health Issues
Maternal Mortality Rate: The maternal mortality rate (MMR) in India has improved, but it is still high. According to the Sample Registration System (SRS) 2018-20, the MMR is 103 per 100,000 live births. Efforts such as the National Health Mission aim to address maternal health, but inequities persist.
Access to healthcare: Rural women face significant barriers to accessing healthcare. NFHS-5 data shows that 40.1% of rural women have not had a health check-up in the last 12 months, while the number is 25.4% among urban women.
6. Social norms and cultural practices
Cultural practices: Practices such as dowry, child marriage and preference for boys persist. NFHS-5 data shows that 23.3% of women (aged 20-24 years) were married before the age of 18. Initiatives such as the Prohibition of Child Marriage Act, 2006 aim to combat these practices, but social attitudes are slow to change.
Freedom and opportunity: Women often face restrictions on their mobility and decision-making. NFHS-5 data shows that only 54% of women (aged 15-49 years) do not participate in household decisions, indicating limited autonomy.
Government Initiatives for Women’s Empowerment
The Government of India has launched several initiatives aimed at empowering women:
Beti Bachao Beti Padhao (BBBP): It aims to address the declining child sex ratio and promote the education and survival of girl children.
Mahila Shakti Kendra (MSK): Provides one-stop convergent support services to empower rural women with opportunities for skill development, employment, digital literacy, health and nutrition.
Pradhan Mantri Matru Vandana Yojana (PMMVY): Provides financial assistance to pregnant women and lactating mothers to meet increased nutritional requirements and partially compensate for wage losses.
National Mission for Empowerment of Women (NMEW): Focuses on inter-sectoral convergence of schemes and programmes for women.
Mahila Helpline Scheme: Provides 24-hour emergency response to women affected by violence.