Women in the Informal Sector: A Saga of Constraints and Vulnerabilities

The advent of globalization and marketization has resulted in an emergent trend towards the ‘informalisation’ of the labor market. Policymakers have identified the income-generation potential and the significance of the informal sector as a source of jobs in adverse economic crises. However, the phenomena of globalization and the work sphere cannot be disassociated from their gendered power relations. Developing countries like India, with a concomitant rise in informal employment, reveal an increasing number of women joining this sector, but mostly remaining “invisible” as they continue to work in low paid, low-status jobs in the informal sector; jobs which do not have any possibilities of betterment”. Studies suggest that 94% of women are a part of the informal sector, out of which approximately 50% perform functions in addition to their productive roles. These women are further confronted with constraints by their engendered role, wherein they’re additionally burdened with domestic responsibilities. Social connotations like these significantly contribute to the overall conceptualization of economic development.  (more…)

Cohabitation as a Legal Controversy in India

By Pratiksha Yadav, Banaras Hindu University, Varanasi.

Traditionally, in India, there existed only one kind of relationship between an unrelated male and female and that was “Marriage”. Marriage legally entitles both the persons involved, to co-habit; the children born out of a legal wedlock are legitimate; the wife is entitled to maintenance during the subsistence of marriage and even after the dissolution of marriage and many more. (more…)

Surrogacy in India: An Analysis

By Rabia Mohamed Ismail Abdul Rahim, NUALS, Kochi.

The surrogacy scenario is India is ironic. When on one hand celebrities, ranging from Sharukh Khan to Karan Johar have enthusiastically adopted this Artificial Reproductive Technology, the Government on the other hand, displeased, drafts a bill banning commercial surrogacy as a whole, which is a $400 million industry. Is this the solution to the innumerable issues arising from surrogacy? Or is this just going to fuel the fire? (more…)

Right of an unwed mother over the guardianship of her child

By Devashish Jain, University of Petroleum and Energy Studies.

Recently in a Supreme Court judgment of ABC v. The State (NCT of Delhi), the court upheld the validity of the instance where a single unwed Christian mother shall have the guardianship of her minor child even without the consent of the biological fathers for such guardianship. The matter was regarding a Christian unwed mother who applied for the guardianship of her child in the local guardian court in 2011, which in turn rejected her application, on the account of refusal of the mother to disclose the child’s father details, thereby upholding the Guardians and Wards Act. The Guardian court held that as per Section 11 of the Act, when a mother applies for guardianship, she needs the prior consent of the biological father and Section 19 of the same Act states that the mother cannot be the sole guardian if the father is alive and fit. So the court while reading the Section 19 and 11 together held, that the Christian mother cannot apply for the guardianship of her minor child. (more…)

The Protection of Women from Domestic Violence Act: Recommendations and Solutions

By Aratrika Choudhuri, WBNUJS, Kolkata.

As the second part of a two-article series on the Protection of Women from Domestic Violence Act, this article seeks to outline key solutions and enlist recommendations, that would ameliorate the shortcomings in the provisions and implementation of the Act (which have been investigated in an earlier article  https://lexquest.in/protection-of-women-from-domestic-violence-act-a-critical-exegesis/). These recommendations focus primarily on legal considerations that would aid victims of such violence to fully effectuate their rights under the Act. (more…)

Violence against Women

By Vaishali Mahlyan, University Institute of Law and Management Studies.

Violence against women in India is an issue which is rooted in the norm of our society.  Male dominating society, law favoring men, inadequate policing and judicial practices deny female victims proper protection and justice. We assume that with increasing participation of women in public life and the amended laws, we have bridged the gap between men and women and provided them with equal status. But the reality is, India still has a long way to go to make Indian women equal citizens in their own country. (more…)

Rights of a woman when arrested

Akash Agarwal, Amity Law School, Noida.

When the women’s literacy rate is just 65.46% (as per census 2011), everyone can analyse their doleful condition prevailing in the society. Most of the women don’t even recognise the rights provided to them by the Constitution and other laws of India. One of the significant rights provided to women by Indian law is regarding arrest of a woman. The Constitution and other laws of India have always favoured women and grants them special privileges so that their decency can be maintained and protected from being harmed. (more…)

Dowry: The Present Scenario

By Swastika Goel, Amity Law School, Lucknow.

The Supreme Court of India held in a recent case that a demand for dowry can be made at any time and thus will be penalised accordingly. The ruling was made in the case of State of Uttarakhand v. Bhim Singh and Anr. where the accused (Bhim Singh) and his brother were punished for the death of Bhim Singh’s wife. The death was in relation with the demand for dowry and the accused argued that the demand was made by them after the marriage. As in a few earlier cases, the SC held that it is not necessary that the demand made to the bride or her family should only be made at the time of or before the marriage. Any such demand made at any time, will be equally guilty. The excuse that the demand was made after marriage would not hold water. (more…)

Women in Rural India: Prospects and Challenges

By Deepali Bagla, Pravin Gandhi College of Law, Mumbai.

India is a country of villages as the majority of its population lives in villages and far-flung remote areas. The interesting aspect is that every region of the country though connected with the cities now; however, still possesses its own peculiar traditional ethos. Also most of the rural communities are still devoid of modern facilities like education, electricity, proper drinking water, health care, ample transportation, etc. But the lack of education in many of the rural belts of India is proving fatal and acting as the breeding ground for social vices, evils and paving the way to anti-social/national activities. (more…)