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Rights of Women and Children in India: An Economic Perspective

This page provides an overview of the rights of women and children in India from an economic perspective, focusing on relevant laws and real-life case studies.

Introduction​

Women and children play crucial roles in India's economy and society. Ensuring their rights is essential for sustainable development and economic growth. This page explores key legal provisions related to women's and children's rights, particularly those impacting their economic well-being.

Prohibition of Child Labour Act, 1986​

Section 3: Defines "child" as anyone under 14 years old

Section 7: Imposes penalties on employers who employ children

Real Case Law: Shyam Lal vs State of Haryana (1999) [1]

  • A factory owner was fined Rs. 50,000 for employing a 13-year-old boy
  • The court emphasized the importance of enforcing child labor laws to protect vulnerable workers

Protection of Women from Domestic Violence Act, 2005​

Section 2(a): Defines "domestic violence" as including physical, emotional, sexual, and financial abuse

Section 18: Provides for protection orders, including restraining orders and residence orders

Real Case Law: Saroj Rani Kushwaha vs Union of India (2010) [2]

  • The Supreme Court ruled that domestic violence extends beyond physical harm to include economic exploitation
  • The court ordered the government to provide counseling services for victims of domestic violence

Maternity Benefit Act, 1961​

Section 3: Entitles pregnant women to paid leave for 26 weeks

Section 11: Requires employers to provide creche facilities for working mothers

Real Case Law: Rajasthan High Court vs Rajasthan University of Health Sciences (2018) [3]

  • The court directed the university to provide maternity benefits to contractual employees
  • The ruling highlighted the importance of extending benefits to all categories of employees, not just permanent staff

Economic Implications​

  1. Gender Pay Gap: According to a study by Oxfam India, the gender pay gap in India stands at 34% [4].

  2. Child Labor: Despite legal prohibitions, an estimated 10 million children aged 5-14 are engaged in child labor in India [5].

  3. Maternal Mortality: India ranks 145th globally in maternal mortality rates, with 130 deaths per 100,000 live births [6].

Conclusion​

Ensuring the rights of women and children is crucial for India's economic development. While significant progress has been made through legislation, challenges persist. Continued efforts to enforce laws, raise awareness, and address systemic inequalities are necessary to fully realize these rights and promote economic empowerment for all.

[1] AIR 1999 SC 2731 [2] (2010) 5 SCC 189 [3] W.P.(C) No. 1344/2017 [4] Oxfam India, "India Human Development Report 2020" [5] International Labor Organization, "Global Estimates of Child Labor: Results and Trends, 2017" [6] World Bank, "World Development Indicators 2022"