(a) What is Social Justice and what is the status of woman in Indian society? 7 (b) Examine the legal status of women in India. 8

📝Model Answer

Introduction

Social Justice refers to the equitable distribution of wealth, opportunities, and privileges within a society, ensuring that no individual or group is discriminated against on grounds of caste, gender, religion, or economic status. It is enshrined in India’s Constitution through the Preamble, Fundamental Rights, and Directive Principles, and remains central to the goal of an inclusive, egalitarian society.

(a) Status of Women in Indian Society

1. Demographic Status: The sex ratio stood at 943 females per 1000 males (Census 2011); the NFHS-5 (2019-21) survey-based ratio improved to 1020, though the child sex ratio (0-6 years) at 919 indicates persistent son preference and skewed sex selection.
2. Educational Status: Female literacy rate is 70.3% against male literacy of 84.7% (Census 2011), reflecting a persistent gender gap, though the gap has narrowed significantly since Independence.
3. Economic Participation: Female Labour Force Participation Rate (FLFPR) rose to 37% in PLFS 2022-23 from around 23% in 2017-18, yet remains far below male participation and global averages.
4. Health Status: Maternal Mortality Ratio (MMR) has declined to 97 per lakh live births (SRS 2018-20), but anaemia among women remains high at over 57% (NFHS-5).
5. Safety and Violence: NCRB data (2022) recorded over 4.45 lakh cases of crimes against women, including domestic violence, dowry deaths, and sexual offences, indicating continuing vulnerability despite legal safeguards.
6. Political Representation: Women’s representation in Lok Sabha stands at around 14-15%, though the Nari Shakti Vandan Adhiniyam (2023) promises 33% reservation once implemented.

(b) Legal Status of Women in India

1. Article 14: Guarantees equality before law and equal protection of laws to all citizens, including women.
2. Article 15(1) and 15(3): Prohibits discrimination on grounds of sex while empowering the State to make special provisions for women.
3. Article 16: Ensures equality of opportunity in public employment.
4. Article 39(a) and (d): Directs the State to secure equal right to livelihood and equal pay for equal work for both men and women.
5. Article 42: Directs the State to secure just and humane conditions of work and maternity relief.
6. Articles 243D and 243T: Provide reservation for women in Panchayati Raj Institutions and Municipalities.
7. Statutory Protections: Hindu Succession (Amendment) Act 2005 (equal coparcenary rights), Dowry Prohibition Act 1961, Protection of Women from Domestic Violence Act 2005, and the Maternity Benefit (Amendment) Act 2017.
8. Workplace and Criminal Law: Sexual Harassment of Women at Workplace (POSH) Act 2013, and the Criminal Law (Amendment) Act 2013, which expanded the definition of rape and introduced stringent punishment for offences like stalking and acid attacks.
9. Judicial Interventions: Vishaka Guidelines (1997) preceded the POSH Act; the Shayara Bano case (2017) declared instant triple talaq unconstitutional; and Joseph Shine v. Union of India (2018) struck down adultery as a criminal offence.

Way Forward

1. Strengthen implementation machinery and legal literacy among women, especially in rural areas.
2. Sensitize police, judiciary, and administration on gender issues for effective enforcement.
3. Promote economic empowerment through skill development, SHGs, and credit access.
4. Expand fast-track courts and ensure speedy justice in crimes against women.
5. Address patriarchal social norms through education, family, and media engagement.

Conclusion