Women & Women Issues

Global Gender Gap Index, 2024

Context: In the 2024 edition of the Global Gender Gap Index, India ranks 129th out of 146 countries surveyed, positioning it 18th from the bottom.

Key findings of Global Gender Gap Index’24: 

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  • The 2024 Index shows that while no country has achieved full gender parity, 97% of the economies included in this edition have closed more than 60% of their gap, compared to 85% in 2006.
    • It will take 134 years, until 2158, to achieve full gender equality, which is five generations past the 2030 Sustainable Development Goal (SDG) target.
  • Iceland (93.5%) is again ranked 1st and has been leading the index for a decade and a half. It also continues to be the only economy to have closed over 90% of its gender gap. 
  • Southern Asia ranks seventh among eight global regions, with a gender parity score of 63.7 per cent, an improvement of 3.9 percentage points since 2006. 
  • However, six out of the seven economies in this region, including India, are ranked below the top 100. Only Bangladesh, for the first time in the region, has achieved a double-digit rank of 99. 
  • India's performance in Southern Asia is particularly troubling. In 2024, India closed 64.1% of its gender gap, ranking third lowest in the region, just ahead of the Maldives and Pakistan. India’s overall rank is 129th, marginally lower than last year (127).
  • The decline is mainly attributed to slight decreases in ‘Educational Attainment’ and ‘Political Empowerment’ as women's representation in India's political sphere remains low, with only seven women in the newly formed council of ministers, and just two holding cabinet positions. However, despite the overall decline, there was a minor improvement in ‘Economic Participation and Opportunity.’

About Global Gender Gap Index: 

  • It is an annual report highlights the current state and evolution of gender parity.
  • It was first introduced by the World Economic Forum in 2006.
  • It is the longest-standing index tracking the progress of numerous countries’ efforts towards closing these gaps.
  • It presents a picture of the current state and evolution of gender parity across four indices: economic participation and opportunity, educational attainment, health and survival, and political empowerment.

Nata Pratha

Context: The National Human Rights Commission (NHRC) issued notices to the Union Ministry of Women and Child Development and the States of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Gujarat over a practice known as ‘Nata Pratha’.

About Nata Pratha: 

  • It is a centuries-old social practice, where girls are sold by their family members under the guise of marriage in parts of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Gujarat. 
  • It is usually practiced by the Bhil tribe, the one of the largest tribes in South Asia.
  • It is a practice in which two persons can enter into a relationship similar to marriage without any legal and religious/social obligation by getting a divorce from existing marriage or otherwise. 
  • The practice involves monetary dealing in which a bride price is usually paid to the woman or her parents or previous husband by the new groom. 
  • This involves selling “on a stamp paper” or marrying off underage girls from some communities. These “sales and marriages” are usually conducted by their own families.
  • In this custom woman typically goes to live with the man, leaving behind the children from her previous marriage. The custom allows men to live with as many women resulting in children being abandoned by their parents.
  • Traditionally, both the man and the woman are supposed to be married or widowed, but the custom has evolved to include single people as well.

The climate crisis is not gender neutral

Context: According to the United Nations Development Programme (UNDP), women and children are 14 times more likely than men to die in a disaster.

Impact of climate change on vulnerable groups: 

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‘A gender lens needs to be applied to all State-action plans on climate change’
  • Disproportionate health risks and mortality: Women and girls, especially in poverty, face significantly high health risks due to societal roles, responsibilities, and cultural norms. 
    • Prolonged heat is particularly dangerous for pregnant women (increasing the risk of preterm birth and eclampsia), young children, and the elderly.
    • Exposure to pollutants in the air (household and outdoor) affects women’s health, causing respiratory and cardiovascular disease, and also the unborn child, impairing its physical and cognitive growth. 
  • Agriculture and livelihood vulnerabilities: Agriculture, a vital livelihood source for women, especially in rural India, is severely affected by climate change. Climate-driven crop yield reductions lead to increased food insecurity, affecting nutritional intake and exacerbating health and domestic challenges for women.
    • Within households with small and marginal landholdings, men often face social stigma from unpaid loans, leading to migration, distress, and sometimes suicide, while women bear heavier domestic workloads, worsened health, and more intimate partner violence.
  • Water and sanitation: Extreme weather events disrupt water cycles, making access to safe drinking water difficult, increasing the burden on women and girls responsible for water collection, thereby reducing their time for productive work and healthcare.
    • A report from the Council on Energy, Environment and Water (CEEW) in 2021 found that 75% of Indian districts are vulnerable to hydromet disasters (floods, droughts and cyclones). NFHS 5 data showed that over half of women and children living in these districts were at risk.
  • Food and nutritional insecurity: Climate change-induced food insecurity leads to poor physical and mental health among women, who bear the brunt of increased domestic workloads and intimate partner violence due to resource scarcity.
    • Data from NFHS 4 and 5 indicate that women in drought-prone districts are more likely to be underweight, suffer from intimate partner violence, and experience higher rates of girl marriages. These conditions, stemming from food and nutritional insecurity, increased workloads, and income uncertainty, detrimentally affect women's physical and mental health.

Way Forward

  • Empowering women in climate solutions: Recognizing and empowering women as key agents in climate solutions can significantly improve outcomes. As tribal and rural women have been key in environmental conservation efforts. Equipping women and their collectives such as Self-help Groups and Farmer Producer Organisations with knowledge, tools, and resources can foster local climate solutions. 
  • Addressing heat waves and water shortages: Immediate actions include protecting priority groups (outdoor workers, pregnant women, infants and young children and the elderly) from heat.
    • Urban authorities need to implement heat wave plans(based on local temperature plus humidity), including altering work and school timings, providing cooling facilities, and improving public drinking water access to prevent heat-related deaths. 
    • Long-term strategies involve improving tree cover, minimising concrete, increasing green-blue spaces and designing housing that is better able to withstand heat are longer-term actions.
    • On water scarcity, leveraging India's traditional rainwater harvesting expertise is vital. Work done by the M.S. Swaminathan Research Foundation in a few districts of Tamil Nadu showed that using geographic information systems, the panchayat could map key water sources, identify vulnerabilities and climate hazards and develop a local plan to improve water access by directing government schemes and resources.

Case study: On urban planning

  • The Mahila Housing Trust in Udaipur showed that painting the roofs of low-income houses with reflective white paint reduced indoor temperatures by 3° C to 4° C and improved quality of life.
  • Community-led resilience: Building resilience through community-led initiatives, empowering local bodies like panchayats and Self-Help Groups (SHGs), through devolution of powers and finances and investing in building the capacity of panchayat and SHG members.
  • Revising policy with a gender perspective: The National and State Action Plans on Climate Change (NAPCC & SAPCC) need to evolve beyond portraying women merely as victims, acknowledging them as vital agents of change. This requires a shift towards gender-transformative strategies and a comprehensive approach to climate adaptation.

Childcare leave in India

Context: In a recent judgment, the Supreme Court of India has held that participation of women in the workforce is a constitutional entitlement and denying mothers childcare leaves violates this.

Provisions for childcare leave in India:

  • All India Services (Leave) Rules, 1955
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  • Central Civil Service Rules (Leave) Rules, 1972
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Why childcare leaves for women is necessary?

  • Fulfilling the Constitutional mandate- Article 15(3) provides for the enactment of special provision for women empowerment. In line with this mandate, the State is duty bound to take into consideration the special case women's situation such as disproportionate burden of childcare on women, which leads to lower participation of women in productive sectors.
  • Increasing the labor force participation rate (LFPR) of women- Currently, the LFPR of women is quite lower at around 22% and in this scenario, the denial of childcare leave can further reduce the LFPR of women. 
  • Manifestation of Welfare state- Article 42 of the Indian Constitution as part of the Directive Principles of State Policy has provisions for maternity relief. So, drawing from the same provision, it is important to promote childcare leave as a model feature of welfare state.

Some important data and reports:

  • As per the Opportunity index report, 85% working women in India believe they have missed out on raise, promotion or work offer because of their gender.
  • As per the Pew Research Center Study on gender roles, 34% respondents think that childcare should be the primary responsibility of the women. 

Donor gametes are allowed: New rule on surrogacy

Context: The Union government has modified Rule 7 the Surrogacy (Regulation) Rules, 2022 and notified that both gametes need not come from a married couple in case they are certified as suffering from a medical condition. 

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About Surrogacy: 

  • Surrogacy (Regulation) Act, 2021 defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
  • Surrogacy can be classified into:
    • Altruistic surrogacy entails no financial compensation for the surrogate. 
    • Commercial surrogacy involves paying the surrogate for bearing the child, implying a profit.
    • Compensated surrogacy simply involves covering the incurred expenses and loss of wages.
  • In Devika Biswas v. Union of India, the Supreme Court held that Right to Reproduction was an essential facet of the ‘Right to Life’ under Article 21 of the Indian Constitution.

About Surrogacy (Regulation) Act, 2021: 

  • The Act prohibits commercial surrogacy, but allows altruistic surrogacy.
  • The Act permits surrogacy when, an intending couples who suffer from proven infertility and an Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy.
  • Surrogacy clinics are prohibited from conducting surrogacy or any associated procedures unless they receive registration approval from the relevant authority.
  • The National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) shall be established by both the central and state governments, respectively.
  • For a surrogate mother to be eligible for a certificate from the appropriate authority, she must have a familial relationship with the intending couple; not have served as a surrogate mother previously; possess a certificate confirming her medical and psychological health, be an ever-married woman having a child of her own, and be 25 to 35 years old.
  • The surrogate mother is not allowed to use her own eggs for the surrogacy process.
  • An order of parentage and custody of the surrogate child passed by a Magistrate's court.
  • Insurance coverage for a period of 36 months Covering postpartum delivery complications for surrogate.

The rationale for this rule:

  • Prior to the March 2023 rules, which insisted on the use of both eggs and sperm from the intending couple, the 2023 surrogacy rules allowed the use of donor eggs, but not sperm.
  • The 2023 rules was challenged in the Supreme Court by a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, a rare congenital disorder that affects the reproductive system and can cause infertility.
  • The modifications in the Surrogacy Rules came after the Supreme Court doubted the correctness of the existing rules.
  • Also the quality and number of eggs go down with age. While the decline accelerates after the age of 35 years, doctors recommend definitely using a donor egg after the age of 45 years.

About Surrogacy (Regulation) Rules, 2022: 

  • As per the Surrogacy (Regulation) Act, 2021, the couple can have a child born through surrogacy but must have at least one gamete from the intending couple, thus restricted married couples from getting donor gametes.
  • In case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed.
  • While the relaxation is for intending couple only. If a divorced or widowed woman opts for surrogacy, the egg has to come from the mother and Single woman (widow or divorcee), undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.

Challenges of this act: 

  • Exclusionary: The provisions deny this opportunity to LGBTQ+ persons, live-in couples, unmarried women and single parents.
  • Altruistic surrogacy is paternalistic –  It expects a woman to go through the physical and emotional tolls of surrogacy free of cost and only out of ‘compassion’. Thus reinforcing age old patriarchal norm of no economic value to the women’s work.
  • It doesn’t respect the bodily autonomy of women – By shifting from right based to need based approach it snatches away the right of a women to decide upon her reproductive choices. Further it is and violative of her fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution.
  • Impetus to black marketing- Blanket ban on commercial surrogacy may lead to creation of unregulated, exploitative underground/black markets.
  • Does not defines close relative – The act didn’t define ‘close relative’, which is a condition to be fulfilled by the surrogate mother. Thus scope for confusion and exploitation of loop holes is always there.
  • Reproductive liberty to the couples – Several restriction in form of eligibility criteria etc restricts the surrogacy option to intending couple which is a denial of reproductive liberty to them.
  • No power to make decision on abortion – Intending couple don’t have final say in the consent to abort a surrogate child, even if the child being born out of a surrogacy arrangement is at the risk of physical or mental abnormalities.
  • Identity and emotional aspect – Several times couples do not want to reveal their plans of oping for surrogacy,now putting the condition of close relative to be a surrogate clearly ignores this aspect and restricts the choices. Further, familial bonds and interaction may involve high emotional complications between surrogate mother and intended parents.
  • Definition of infertility: Infertility is restricted to failure to conceive, does not cover other issues that a women may face in delivering a child.

Way forward: 

  • The government should remove the time limit for IVF treatment before permitting surrogacy, taking into consideration medical circumstances and concerns that deter some women from childbirth.
  • The government is should address postpartum depression by implementing provisions for its management, and maternal benefits should be accessible to all mothers.
  • Government should provide clear definition of close relative and infertility.
  • With appropriate safeguards, expanding the surrogacy sector to include commercial surrogacy will benefit individuals who long for the experience of parenthood.
  • Government should include live-in couples, unmarried women, and single parents in this act, as Right to Reproduction is the fundamental rights .

Science for Women-A Technology & Innovation (SWATI)

Context: On the occasion of the International Day of Women and Girls in Science on 11 February, the Indian National Science Academy (INSA) witnessed the launch of the “Science for Women-A Technology & Innovation (SWATI)” Portal. 

About SWATI Portal

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  • Developed hosted and maintained by: National Institute of Plant Genome Research (NIPGR), New Delhi.
  • Initiative of: Inter Academy Panel (IAP) on Women in Science, Technology, Engineering, Mathematics & Medicine (STEMM).
  • Objective: To create a single online portal representing Indian Women and Girls in Science, Technology, Engineering, Mathematics & Medicine (STEMM).
  • Features: It contains a comprehensive database profiling Indian women across STEMM fields.
    • Includes profiles of women awardees (Padma / Shanti Swarup Bhatnagar / Stree Shakti Science Samman) & Directors, Secretaries Academy Presidents.
    • Includes each and every Indian woman in science, across all career stages and subjects, spanning both academia and the industry, enabling reliable and statistically significant long term research on the issues of equality, diversity and inclusivity in India.
  • Significance: Will serve in policy making to address the challenges of Gender-gap.
    • Facilitating sustained and statistically robust long-term research on matters pertaining to equality, diversity, and inclusivity in India.
    • It will inspire and empower more young women and girls to pursue education and careers in scientific fields.
    • Creating a dynamic search engine and accessible database.

About the InterAcademy Partnership (IAP) 

  • It is a global network consisting of over 140 national and regional member academies of science, engineering, and medicine.
  • It was founded in 1993 as the InterAcademy Panel (IAP). 
  • The mission of IAP is for the world's merit-based academies to play a vital role in ensuring that science serves society inclusively and equitably and underpins global sustainable development by advising the public on the scientific aspects of critical global issues.

What is Domestic Violence?

Context: Forty years after the introduction of the domestic violence provision in the Indian Penal Code, women are still at risk of having their complaints dismissed or disbelieved by police and judiciary.

About domestic violence

Protection of Women from domestic violence Act 2005 (PWDVA): The act provides the definition of domestic violence as: Harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. 

Crime against women

  • Crimes against women have increased year on year. As per the National Crime Records Bureau (NCRB) report 2015, every day 21 women die because of dowry in India.
  • According to the NCRB report 2019, 4 lakh cases were registered under Section 498A of the Indian Penal Code (IPC). 
  • As per the National Family Health Survey 5 (2019- 20), 30 percent of women between the ages of 18 and 49 experienced physical violence from the age of 15 (that's over 20 crore women), while six per cent experienced sexual violence in their lifetime.
  • In 2021, 136,000 complaints were registered under Indian Penal Code Section 498A (cruelty by husband or his relatives).
  • According to NFHS data, 87 per cent of married women who are victims of marital violence do not seek help.
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Cause for domestic violence against women

Cultural factors 

  • Patriarchy: It is a cultural value that places men in power and authority over women. This leads to an unequal power dynamic between the sexes. This imbalance of power can lead to the use of physical force to exert control over women.
  • Collectivism: This cultural value places a greater emphasis on the requirements of the community and family over those of the individual, and honour and reputation within the family are highly valued in collectivist societies. As a direct consequence of this, instances of domestic violence go unreported, thus ensuring that the cycle of abuse continues. 
  • Religious beliefs: In traditionalist societies, religion is used to justify domestic violence, with men citing religious texts to support that male is superior than female.

Socio-economic factors

  • Lack of education: A lack of education might result in a lack of knowledge regarding women's rights and gender equality. As a result, women may experience domestic violence and be treated as less valuable.
  • Poverty:  Due to the tension that financial strain can cause inside families, poverty can make domestic violence worse. Due to their possible financial dependence on their abusers, women in low-income households may be especially susceptible to domestic violence.
  • Alcohol and substance misuse: In India, alcohol and drug misuse might be risk factors for domestic violence. Alcoholism can cause people to lose their inhibitions and act violently.
  • Dowry: It is often linked to social status and can be seen as a measure of a family's wealth and prestige. In situations where the dowry is not considered sufficient, the bride may face mistreatment as a way for the groom's family to assert dominance and control, reinforcing power imbalances.

Initiative taken by government:

  • Dowry Prohibition Act 1961: The court is empowered to act in its own knowledge or on a complaint by any recognized welfare organization on dowry murder. Indian Evidence Act is also amended to shift the burden of proof to the husband & his family when the bride dies within 7 yrs. of marriage.
  • Amendment to Criminal Act 1983: This Act talks about domestic violence as an offence, rape is also made a punishable offence.
  • Protection of Women from domestic violence Act 2005(PWDVA, 2005): Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer/police.
  • The act also defines physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
  • Indian Penal Code (IPC)
  • Section 498A IPC: It was introduced in 1983 with the objective to tackle the problem of the large number of women dying in their homes. The section addresses the subjection of any woman to cruelty (whether mental or physical of such a nature that is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health and also with unlawful demand for any property or valuable security.
  • Sections 319 to 338 of the IPC: Deal with assaults and grievous hurt in various forms.
  • National Commission for Women (NCW): The NCW is an organisation that works to support and assist women who have experienced domestic abuse. Their helpline number is 1091.
  • Domestic Violence Helpline: It is a toll-free hotline that offers victims of domestic violence support and assistance around-the-clock. Their phone number for their helpline is 181.

Challenges in Addressing the issues of domestic violence

  • Misuse of law:  In Rakesh and Reena Rajput v The State of Jharkhand case, the Jharkhand High Court said , "There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498A IPC is being misused and the section is used as weapon rather than shield by dis gruntled wives, this is one of the reason where innocent individuals have been wrongly implicated.
  • Under the PWDVA law, state governments are required to appoint protection officers (POs). Several States are yet to implement POs. And where they are in post, they are under-resourced, under-skilled and overworked.
  • Inadequate support services: Insufficient availability of shelters, counselling services, and legal support can hinder women from leaving abusive relationships. Adequate funding and resources for support services are critical. In Delhi only, there are 13 women shelters and short-stay homes for women and most are overcrowded and used mainly by the underprivileged, according to Ending Domestic Violence Through Non-Violence: A Manual for PWDVA Officers, published by Lawyers Collective.
  • Social shame: Societal stigma and the fear of judgment can prevent women from disclosing their experiences of domestic violence. The stigma attached to being a victim may lead to feelings of shame and isolation.
  • Threats and intimidation tactics: Many women face the fear of retaliation from their abusers, making it difficult for them to speak out or seek help. Threats and intimidation tactics can be powerful barriers to reporting abuse.
  • Lack of reliable and periodical data: On violence against women (VAW) and girls, which leads to a situation of speculations and sensationalism; it also creates an atmosphere of fear and anxiety. 
  • Attitudinal problem: Across many States, it is observed that the police were more likely to send women back to violent households to reconcile with the perpetrator or go for counselling.

Way forward

  • Prevention of violence requires numerous immediate, medium and long term interventions including large scale campaigns to sensitise and educate men and women on VAW.
  • The intervention should begin by focusing on gender equality in education since the quality of education received by women has not equipped them to question the patriarchy.
  • Trauma-informed institutional response, revamping of the support systems based on impact assessments and increasing the number of one-stop centres with adequate professionals are some of the other measures needed.
  • Draft National Policy for Women, 2016: 
    • Strict monitoring of response of enforcement agencies to violence against women will be put in place. Efforts will be made to ensure speedy /time bound trial of crimes against women
    • Alternate dispute redressal systems such as family courts, Nari Adalats etc., will be strengthened. 
    • Efforts will be made to increase the representation of women in judicial positions across the board as female judges often bring a heightened sensitivity to gender-related cases and their presence can lead to fairer and more informed decisions in such cases.
    • Efforts will be made to streamline data systems through review of various data sources (Census, NFHS, NSS, NCRB) to develop a compatible and comprehensive data base on Violence Against Women. 
    • Gender specific training incorporating gender sensitivity and a thorough briefing on the specific laws for women will be undertaken continuously for all ranks and categories of police personnel

Case study of VAW: Mararikulam Panchayat

The Mararikulam Panchayat implemented the mapping programme through the Kudumbashree community network as part of their effort to make Mararikkulam a women-friendly Panchayat. 

A crime-mapping exercise and awareness campaign on the issue of VAW taken up.

Drones to women self-help groups

Context: Recently, Union Cabinet approved a scheme as part of PM Modi's 'lakhpati didi' initiative under which the central government will provide drones to as many as 15,000 Women's Self-Help Groups over the next four years. The scheme would have a financial outlay of ₹1,261 crore for two years beginning 2024-25.

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Highlights of this scheme are:

  • Coordinated Approach: The scheme approves holistic interventions by converging the resources and efforts of Department of Agriculture & Farmers Welfare (DA&FW), Department of Rural development (DoRD) and Department of Fertilizers (DoF), Women SHGs and Lead Fertilizer Companies (LFCs).
  • Objective: It is envisaged that the approved initiatives under the scheme will provide sustainable business and livelihood support to 15,000 SHGs and they would be able to earn additional income of at least Rs.One lakh per annum.
  • Identification of SHGs: The self-help groups would be identified from the total 89 lakh SHGs formed under the Deendayal Antyodaya Yojana. The appropriate clusters where usage of drones is economically feasible will be identified following which the SHGs will be selected for providing drones. The SHGs would be able to provide those drones as rental services to farmers for agricultural uses.
  • Financial assistance : It will be provided by the Centre to each SHG at 80 per cent of the cost of drone, including accessories/ancillary charges but up to a maximum of ₹8 lakh. As one drone costs around ₹10 lakh, the government has allowed SHGs to take loan from banks under the Agriculture Infrastructure Fund (AIF) at lower interest rate since the Centre bears 3 per cent interest costs through subsidy.
  • Training of Human Resource: The representatives of women SHGs, qualified and elected by the State Rural Livelihood Mission (SRLM) and lead fertilizer companies (LFCs) will have to undertake a 15-day training that includes 5-day mandatory drone pilot training and 10 days on nutrient and pesticide application.

Members of the SHGs with inclination to take up repairs of electrical goods, fitting and mechanical works will be selected by the SRLM and LFC and will be trained as drone technician/assistant. The government guidelines have also made LFCs to act as a link between drone suppliers and SHGs in purchase of drones as well as their repair and maintenance.

Key Role Played by Drones:

  • The drone services are envisaged to be used by the farmers for Nano fertilizer and pesticide applications. Drones will improve efficiency in spraying fertilisers and pesticides which will help to improve agriculture efficiency, enhance crop yield and reduced cost of operation for the benefit of farmers.

Women & Judiciary

Context: A study of over 4 lakh FIRs in Haryana has found that not only are cases of violence against women, in which women are the primary complainants, less likely to be registered and more likely to be dismissed in court or result in acquittals. This is attributed to the limited presence of women in the legal process.

Key findings of the study

  • The study matched over 2.5 lakh FIRs with judicial records found on the e-courts website and found that women’s complaints are less likely to go from the police station to the judiciary.
  • There are fewer convictions about 5% for women and 17.9% for male complainants.
  • The study also found that women complaining of violence (VAW cases) wait longer at the police station before an FIR can be registered. While this wait has been pegged at 7 hours for all complainants, for women complaining of violence, the wait is 9 hours.
  • The study also found that on an average, women take more time to register an FIR.

Women’s participation in judiciary

  • At global level: According to the International Bar Association, women lawyers make up 51% of the profession but only occupy 32% of senior roles. In the judiciary, women make up 43% of all judges and hold 26% of all senior positions.
  • In India: According to India Justice Report (IJR) 2022, women make up approximately 35% of the total number of judges at the district court level, and around 13 at the high court level.

Importance of Women in the judiciary

  • Female judges often bring a heightened sensitivity to gender-related cases, including those involving domestic violence, sexual harassment, and discrimination. Their presence can lead to fairer and more informed decisions in such cases.
  • Women judges serve as role models for aspiring female lawyers and judges. They inspire and encourage more women to pursue legal careers and work towards breaking down gender barriers in the profession.
  • Bringing different perspectives and diverse reasoning on the bench creates greater public trust and confidence because it is more reflective of the composition of society
  • Women judges bring their unique life experiences and perspectives to the table. It integrates varied social contexts and experiences that need to be included, recognized and, most importantly, valued.

Reason for low participation of women in Judiciary

  • Gender bias and stereotypes: Deep-rooted gender bias and stereotypes persist in many societies, which can influence perceptions of women's abilities and roles. These biases may lead to skepticism about women's competence and suitability for judicial roles.
  • Lack of representation: When there are few women in leadership positions within the judiciary, it can be discouraging for women considering such careers. The absence of role models can make it difficult for women to envision themselves succeeding in these roles.
  • Gendered division of labor: Cultural and societal expectations often place a heavier burden on women for caregiving and domestic responsibilities. This can make it challenging for women to pursue demanding legal careers.
  • Discrimination and harassment: Some women in the legal profession may experience discrimination and sexual harassment, which can create a hostile work environment and deter them from pursuing judicial careers.
  • Gender-blind policies: Policies fail to consider the unique challenges women face, such as work-life balance, and implicit bias in hiring and promotion, that do not provide the necessary support, training, and resources to address these issues, resulting in the underrepresentation of women in the judiciary.
  • Lack of Women's Reservation:  While some states like Telangana, and Odisha etc. have implemented reservation policies to promote women's representation in the lower judiciary, there is no such provision in the High Courts and Supreme Court. 
  • Inadequate judicial infrastructure: Like the absence of restroom facilities, and the lack of childcare services, overcrowded and cramped small courtrooms serves as a hindrance to women.

Recommendations

  • Provide women lawyers with the tools and support they need to succeed in leadership roles, including:
    • creating a positive work environment
    • investing in measures directed at redistributing their care roles
    • taking steps to dispel common myths and stereotypes based on grounds of sex, gender, and race
  • Create formal processes and mechanisms to eliminate discrimination, violence, and harassment in the world of work such as: 
    • conducting audits to identify the prevalence of sexism and gendered violence and its risk factors
    • introducing legal protections and measures to support victims of domestic violence at work
    • creating formal reporting mechanisms
    • preventing reprisals against those who report such incidents  

Draft Menstrual Hygiene Policy

Context: A draft menstrual hygiene policy is out by Ministry of Health and Family Welfare.

Need for Menstrual Hygiene Policy policy

  • Health and Hygiene: Poor menstrual hygiene can lead to various health issues, including infections and discomfort. According to 5th NHFS (2019-2021): 
    • Women aged 15-24 years who use a hygienic method of protection during their menstrual cycle is 78%. Among these women, 64% use sanitary napkins, 50% use cloth, and 15% use locally prepared napkins. 
    • Only 73% of rural women while 90% of urban women use a hygienic method of menstrual protection respectively.
    • However, a few States continue to have lower than average access to use of a hygienic method of menstrual protection by women and girls. 
  • Dignity and empowerment: Access to proper menstrual hygiene products and facilities is a matter of dignity and basic human rights. It is essential to ensure that individuals can manage their menstruation with dignity, without feeling ashamed.
  • Gender equality: Menstruation is associated with stigma and discrimination, leading to gender inequality. A menstrual hygiene policy can help challenge these social norms and promote gender equality by addressing issues related to menstruation.
  • Accessibility and affordability: A policy can promote the availability and affordability of menstrual hygiene products.
  • Promote work participation: By creating a more inclusive and supportive environment like, may include flexible working hours, access to sanitary products, and menstrual leave. It will reduce absenteeism and increase productivity and higher work participation rates.
  • Access to education: By providing essential menstrual hygiene products and support, schools and institutions can help remove barriers that might otherwise prevent girls from attending classes. 

About draft Menstrual Hygiene Policy

  • Menstrual hygiene is the practice of maintaining cleanliness and managing menstruation in a safe and healthy way. It is important for the well-being and dignity of individuals who menstruate. Proper menstrual hygiene management helps prevent infections, discomfort, and allows individuals to continue their daily activities without disruption.
  • Ministry of Health and Family Welfare(MoHFW) is the Nodal Ministry for the Menstrual hygiene policy.
  • The policy recognizes menstruation as a natural bodily process for all who menstruate including girls and women of reproductive age and addresses the long-standing challenges associated with menstruation in our country. 
  • By adopting a life cycle approach, the policy ensures comprehensive support through the entire menstrual journey, recognizing the unique needs of individuals from menarche to menopause.
  • Specific focus on prioritising underserved and vulnerable populations, ensuring equitable access to menstrual hygiene resources and addressing their specific needs. 
  • This policy aligns with India’s commitment to achieving the Sustainable Development Goals (SDGs), particularly in relation to Goal 3 on good health and well-being, Goal 4 on quality education, Goal 5 on gender equality, and Goal 6 on clean water and sanitation. 
  • The policy will serve as a catalyst to raise awareness, challenge societal norms and foster a society that embraces menstrual hygiene as a natural and normal part of life.

Vision

  • All women, girls and persons who menstruate are able to experience menstruation in a manner that is safe, healthy and free from stigma. 

Goal

  • Each girl, woman and person who menstruates across India can access safe and dignified menstrual hygiene resources in order to improve their quality of life and thereby realize their full potential in health and wellbeing, education, economic and other aspects of life. 

Target

  • The policy caters to the needs of and covers all who menstruate in rural, urban and tribal areas, as well as in educational institutions, workplaces, healthcare settings and other public places. 

Objectives

  • To ensure that women, girls and persons who menstruate have access to safe, hygienic and quality menstrual products and sanitation facilities. 
  • To create an enabling environment for people including women, girls, men and boys so that they have access to correct information on menstruation, and to address myths, stigma and gender issues around menstruation.
  • To provide a coordination mechanism among different Central Government Ministries, States/ UTs and relevant stakeholders and sectors.
  • To create a ‘menstrual friendly environment’ in all settings including homes, schools/ educational institutions, workplaces and public spaces.
  • To foster innovative practices with social entrepreneurs and the private sector.
  • To strengthen environmentally sustainable menstrual waste disposal.

Policy strategy

  • Ensure access to affordable and safe menstrual hygiene products: To ensure affordable and accessible menstrual products such as disposable or reusable sanitary pads, menstrual cups, tampons or reusable cloth pads, etc are available to all who menstruate, especially those in low-income communities and marginalized groups.
  • Promote quality standards and regulatory framework: Develop and implement comprehensive quality standards for different types of menstrual hygiene products available in the market to ensure their safety, efficacy and reliability.
  • Availability of clean and dignified menstrual hygiene facilities: Promote the development and improvement of menstrual-friendly infrastructure in homes, educational institutions, workplaces and public spaces to include safe, clean and private toilets, proper waste disposal systems and handwashing facilities with soap and clean water.
  • Promotion of education and awareness on menstrual hygiene: Awareness campaigns targeting menstruators to provide accurate information including options of products available, debunk myths and misconceptions and address social and gender-related challenges associated with menstruation.
  • Collaboration with Non-government sector/engagement with private sector: Support research and development initiatives that explore new technologies, materials and product designs which improve menstrual hygiene management, while considering accessibility, ease of use, affordability and environmental sustainability.
  • Foster research and innovation in menstrual hygiene management: Encourage research institutes and academia to contribute to evidence-based policymaking, promote innovation and improve the overall understanding and implementation of menstrual hygiene practices.

SC urges woman to rethink plea to end 26-week pregnancy

Context: Recently, a three-judge bench of Supreme Court has urged a married woman to reconsider her decision to abort her pregnancy which has crossed twenty-six weeks.

  • Medical termination of pregnancy in India is governed by Medical Termination of Pregnancy Act 1971.
  • Section 3 of MTP Act deals with the termination clause, the pregnancy can be terminated if:
  •  Length of pregnancy does not exceed twenty weeks (requires opinion of one practitioner) or
  • Twenty to twenty-four weeks (requires opinion of at least two practitioners) provided that:
    • Continuance of pregnancy would involve life risk for the pregnant woman or of grave injury to her physical or mental health.
    • Or if the child were born, it would suffer from serious physical or mental abnormalities.
  • Beyond 24 weeks if the termination is recommended by a Medical Board after diagnosis of substantial fetal abnormalities.

Issues with respect to the time frame

(twenty-six weeks) for termination of pregnancy:

  • Women’s right to reproductive choices is part of ‘personal liberty’ under Article 21 of Constitution  as observed in Suchita Srivastava vs Chandigarh administration case.
  • Socio-economic and mental health condition: In XYZ v. Maharashtra, a minor was allowed to terminate her pregnancy in 26th week after considering her socio-economic and mental health condition.
  • Right to privacy: In KS Puttaswami case, SC held that right to privacy enables individual to retain and exercise autonomy over body and mind.
  • Laws in over 60 countries allow women to get an abortion on request at any point in the gestation period.
  • Rights of unborn child: State also has to think about the rights of unborn child, there is an ethical dilemma to strike a balance between the rights of mother and rights of unborn child.

Critical appraisal

  • Unsafe and illegal abortions: As per a lancet study in 2018, there are around 16 million abortions accessed in India, 73% of which were medicated abortions accessed outside health facilities.
  • Shortage of doctors: MoH&FW 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician-gynecologists in rural India, pushing women for illegal abortions and high maternal mortality.
  • Since law does not permit abortion at will, it pushes women towards illicit and unsafe conditions.
  • Lack of comprehensive sex education: In India, lack of sex education contributes to unplanned pregnancies, and the MTP Act alone is not enough to address this issue.
  • Sex-selective abortions: There is need to strike a balance between female reproductive rights keeping in mind that the rights do not lead to increased female feticide.

Supreme Court Judgement in X vs Union of India

In this case, a women pleaded the court to abort her fetus after 26-weeks of pregnancy. 

CJI has opined that women cannot claim an absolute, overriding right to abort as reports from AIIMS have confirmed that the pregnancy is not a cause of immediate danger to her life or that of fetus.

Reasoning given by S.C.:

  • S.C. went into Section 5 of MTP Act which provides exception to Section 3 and 4 of the MTP Act.
  • Section 5 says that Section 3 and 4 shall not apply when termination of such pregnancy is necessary to save the life of pregnant woman.
  • Court opined that, the term ‘life’ in Section 5 cannot be equated to the broader meaning in which ‘life’ is used in Article 21 of the constitution.
  • While life in Article 21 deals with right to dignified, meaningful life, Section 5 of MTP act uses ‘life’ in context of life and death situations.
  • Section 5 allows abortion only if pregnancy poses actual, physical, and immediate risk to woman’s life and health.
  • Court also raised concerns towards the rights and well-being of unborn child.

Rights of unborn child:

  • In international law, there is no “right of the fetus” or “right of the unborn child.”
  • UDHR also explicitly bases human rights on birth.
  • However, Indian legal scenario is unclear on whether fetus is a living being or not.
  • Pro-choice discourse is not conducive: Absolute pro-choice discourse is not conducive to the values of Indian society.
  • The test of “fetal viability” as a limit to allow abortions (developed in Roe v Wade) is gaining grounds in India. (Fetal viability is the time after which a fetus can survive outside the womb.)
  • In the instant case, court has remarked that there are rights of unborn child too and should be balanced with women’s autonomy.

Way forward

  • In India, where sex selective abortions are prevalent, the state needs to be watchful of anything that might be adversarial for efforts against female feticide.
  • There is a need for increasing awareness and information dissemination with respect to responsible sexual conduct and reducing unwanted pregnancies.
  • State must ensure that all parts of society are able to access contraceptives to avoid unintended pregnancies.
  • Medical facilities and Registered Medical Practitioners must be present in each district and are affordable to all.
  • Treatment must not be denied based on one’s caste or other socio-economic factors.

Empowering Women: Unpaid Care Work's Influence on Labor Force Engagement

Context: The Female Labour Force Participation Rate (FLFPR) has long been a central focus in discussions around women's empowerment. While India's FLFPR has improved from 23.3% in 2017-18 to 37% in 2022-23, it still falls short compared to the world average of 47.8% (2022). Moreover, a significant portion of this participation comprises unpaid helpers in household enterprises, highlighting the persistent issue of unpaid labor among women

This article explores -

  • what is Unpaid care work
  • Need for recognition of unpaid care work
  • several challenges while Calculating unpaid care work 
  • Potential solutions to create a more inclusive and equitable workforce.

About Unpaid care work

According to OECD, refers to all unpaid services provided within a household for its members, including care of persons, housework and voluntary community work. These activities are considered work because theoretically, one could pay a third person to perform them.

  • Unpaid = the individual performing this activity is not remunerated 
  • Care = the activity provides what is necessary for the health, well-being, maintenance, and protection of someone or something
  •  Work = the activity involves mental or physical effort and is costly in terms of time resources

Need for recognition of unpaid care work

  • Mis-estimation of Economic activity: Non-inclusion of unpaid care work in national accounting statistics like GDP grossly misestimates the level of economic activity.
    • If unpaid care work were assigned a monetary value, it would constitute 9% of the global GDP.
  • Female Labour Participation:  Unpaid care work is a significant barrier preventing women from entering and staying in the workforce, as highlighted by the International Labour Organization (ILO). This burden creates "time poverty," restricting women's ability to engage in paid employment and acquire the skills necessary for better job opportunities. This challenge is not unique to India; globally, in 2016, 46.7% of women cited domestic duties as the reason for their absence from the workforce, compared to only 6.3% of men.
  • Wage Gap: often domestic care work by women is treated as unproductive and it is reflected in low wages for women in the labour market when compared to men.
  • Need for a Care Economy: India's demographic landscape is expected to change between 2020 to 2050, necessitating more elderly care alongside continuing levels of childcare.
    • By 2050, the proportion of elderly persons is expected to increase to 20.8% of the population, i.e. about 347 million persons. Moreover, even as the proportion of children reduces marginally to 18%, the number of children will still be close to 300 million.

Calculating unpaid care work presents several challenges, as outlined below with examples:

  • Perception of "Work": Unpaid care work is often not considered 'work' in the traditional sense. For instance, a mother caring for her children or a spouse looking after an elderly partner may not view these responsibilities as 'work' despite the significant time and effort involved. Consequently, when surveys ask about 'work,' respondents may exclude care activities from their responses, leading to underreporting.
  • Subjectivity and Variation: The nature of care work varies widely and can be highly subjective. Consider the task of cooking meals: one person might cook three meals a day from scratch, while another might use pre-packaged foods, making it challenging to standardize measurements. Additionally, caregiving responsibilities change over time – caring for a toddler differs from caring for a teenager, making it difficult to capture the full spectrum of care work.
  • Invisible Labor: Much of care work is invisible. Emotional support, mental labor (like planning and organizing), and managing family dynamics are essential components of caregiving but often go unnoticed. For example, a caregiver may spend hours coordinating doctor's appointments and managing medications, which are critical aspects of care but not easily quantifiable.
  • Seasonality: Care work can vary seasonally. Consider holiday preparations – the workload for cooking, decorating, and gift-giving increases significantly during certain times of the year. These fluctuations make it challenging to capture the consistent level of care work throughout the year.
  • Cultural Differences: Cultural norms significantly impact how care work is perceived and distributed within households. For example, in some cultures, extended family members often share caregiving responsibilities, while in others, it may fall primarily on women. These cultural variations complicate efforts to standardize measurement across diverse societies.
  • Data Collection Methods: Traditional data collection methods like surveys may not fully capture care work. Respondents may forget or underestimate the time spent on caregiving, especially if it's a continuous, fragmented task. They may also not recognize certain caregiving activities as 'work,' leading to inaccuracies in reporting.
  • Valuation of Care Work: Assigning a monetary value to care work is complex. For example, estimating the economic value of a stay-at-home parent's contributions involves considering factors like the cost of hiring childcare, cooking, cleaning, and emotional support. These intangible contributions are challenging to quantify accurately.

Key Takeaways from Article

  • Addressing Childcare Needs: Some State governments have focused on building support services through the Anganwadi network.
    • The 2024-25 Budget increased the Ministry of Women and Child Development's budget for the Saksham Anganwadi and Poshan 2.0 scheme by 3%.
  • Community-Based Creches: Various models of community-based creches are operational in parts of some States, in partnership with government and non-government bodies. There is a need to review these models for replicability, financial sustainability, and scalability.
  • Demand for Hired Caregivers: Rising demand for hired caregivers in urban and peri-urban areas but this sector lacks regulation, leaving domestic workers who double as caregivers without training, protection, or standards. Bodies like the Domestic Workers Sector Skill Council and the Healthcare Sector Skill Council are responsible for skilling but need more support.
  • Policy Framework: A comprehensive policy is needed to define the care ecosystem from a life course perspective.
    • A multi-ministerial committee involving the Ministries of Women and Child Development, Health and Family Welfare, Labour and Employment, Social Justice and Empowerment, and Skill Development and Entrepreneurship should be initiated.

Way Forward

  • Adequate Investment in care infrastructure such as Pre-Primary Education, Health, Electricity, drinking water, LPG connection etc. For example, A 2017 analysis by the Women’s Budget Group found that if an additional 2 percent of the GDP were invested in the Indian health and care sector, the country could generate 11 million additional jobs, nearly one-third of which would go to women. 
  • Social Protection Policies
    • Allow tax deductions of care-related expenses by the households for formalisation of domestic workers.
    • Provide for the cash transfer to women so that they can purchase childcare services from domestic workers.
  • Promote active labour market policies:
    • Paid maternity leave and Paternity leave to care for the children.
    • Efficient implementation of Public Works Programme such as MGNREGA
    • Enhance skill set through vocational training and retraining to enhance employability.
    • Provide Gender-sensitive work environments such as reduced or flexible working hours. 
    • Facilitate entry of women into Gig Economy
    • Nurture and promote women led SHGs.
    • Redistribute: Support NGOs and Private sector to care for the children and Elderly Ex: Old age homes, Pre-Primary Schools etc.

The above-mentioned strategies can contribute to meeting goals of SDG 1 (end poverty); SDG 3 (ensure healthy lives); SDG 4 (ensure inclusive and equitable quality education); SDG 5 (achieve gender equality); SDG 6 (ensure availability and sustainable management of water and sanitation) etc.

Conclusion: Increasing women’s participation in the labor force requires addressing the entire spectrum of care responsibilities. Creating a supportive care ecosystem will help reduce gender inequality and empower women economically, benefiting both society and the economy as a whole as highlighted by The World Economic Forum’s report on the ‘Future of Care Economy’ which highlights three perspectives: economic productivity, business opportunity, and human rights (gender equality and disability inclusion).