Women's status in ancient India was subordinate to men in the patriarchal society. During the Vedic period, women had more rights and freedom but their status deteriorated in the post-Vedic period with the rise of practices like sati, child marriage, and denial of inheritance. Under British rule, social reformers campaigned for women's rights and sati was banned in 1829. Post-independence, the constitution granted women equality but patriarchal attitudes persisted. Today, women are achieving success in all fields despite social challenges but true empowerment remains gradual.

1. WOMEN AND LAW
BY : PREETHA R

2. HISTORICAL BACKGROUND AND
STATUS OF WOMEN IN ANCIENT
INDIA

3. INTRODUCTION
• The historical research of women's status in ancient India reveals that they were
not treated equally to male. Women were exclusively acknowledged as spouses
and mothers. Their status was that of men's subordinates. The patriarchal society
that rules India's social, political, and economic life has never encouraged
women to pursue careers in any profession. Women's status was and continues to
be very situational. She is restricted in some instances and given her freedom in
others, but only under the unwritten laws and restrictions of society. Men limit
women's freedom and independence. From a young age, women have faced a
variety of issues in society, including education, Participation in the workforce,
Land and property rights, The act of hurling acid, The marriage of a child, sati,
Domestic violence is a serious problem, Dowry, and Female infanticide and sex-
selective abortion are two examples of female infanticide.

5. STATUS OF WOMEN IN VEDIC PERIOD
• Women were treated equally to men in the Rig-Vedic Society. Women had the
same rights as males. Boys and girls received an education. The Vedas, as well as
beautiful arts, were studied by the girls. In fact, education was regarded as a
necessary prerequisite for a girl's marriage. Women had complete autonomy over
who they chose as their mate(Swayamvara). Women's lives did not change
significantly after marriage because their in-laws treated them with love and
affection. Ardhangini was the name given to them. Daughters who were not
married earned a piece of their father's estate. Families with only one daughter
and no boy were legally entitled to the father's possessions. The property was
also divided among the widowed daughters.

6. • Unjust customary norms such as Sati, Child Marriage, Widow Remarriage
Prohibition, and the Purdah System were not prevalent at the time.
Women had the opportunity to choose their life mate(SWAYAMVARA).
Widows were given the opportunity to remarry. They either married the
brother of their spouses or a companion of her choosing. A man without a
wife was regarded as unfinished. Women had religious rights as well, which
included accompanying their husbands in Vedic sacrifices, chanting
mantras, and writing mantras.This shows that men and women were seen
as having an equal importance standing in the early period's social life.

7. STATUS OF WOMEN IN MANU SMRITI
• The Manu Smriti has conflicting opinions on women. On the one hand, it says,
"Women must be honoured and adorned by their fathers, brothers, spouses, and
brothers-in-law who care for their well-being." The gods are pleased when
women are honoured yet, when they are not honoured, no sacred rite produces
blessings. The family that is bereft of female relatives quickly perishes yet, the
family that is not bereft of them prospers. Houses on which female relatives who
are not properly honoured pronounce a curse perish totally, as if by magic. As a
result, men who seek (their own) well-being should always honour women with
(gifts of) ornaments, cloths, and foods on holidays and festivals.

8. • On the other side, there are a number of provisions that work against the
interests of women. Women should not be educated, according to Manu. It
states that women are vulnerable and should be protected against bad
tendency, or else they will bring misery to both families. Girls should be
safeguarded by their fathers before marriage, then by their spouses after their
husbands die, and finally by their sons. A perfect wife must look after and
worship her spouse. Widows should not remarry in fact, even considering
another guy is a sin.

9. • Certain shlokas in the Manu Smriti which degrade the position of women, are
Asheela kaamvrto (Men may be lacking virtue, be sexual perverts, immoral and
devoid of any good qualities, and yet women must constantly worship and serve
their husbands.) Na ast strinam (Women have no divine right to perform any
religious ritual, nor make vows or observe a fast. Her only duty is to obey and
please her husband and she will for that reason alone be exalted in heaven).
various other shlokas were written which were derogatory of a women’s
character. As a result, it can be inferred that there were two distinct perspectives
on women in Ancient India.One in which women are treated equally to males and
given due respect in all fields, and one in which they are portrayed as delicate
individuals who require protection at all stages of life, and their rights are
curtailed.

10. STATUS OF WOMEN POST VEDIC PERIOD
• Women's status deteriorated dramatically throughout the Post Vedic or Later Vedic
Period. Brahmans, Kshatriyas, Vaishyas, and Shudras were created with the arrival
of the Aryans. Sati, child marriage, the dowry system, the prohibition of widow
remarriage, and polygamy became more common. In the Atharvaveda (VI,2,3),
there is a prayer for the birth of a son. Girls were denied schooling during the Post-
Vedic period. They also lost their right to choose their companion. The age at
which a person can marry has been lowered. Yajnavalkya insisted on marrying the
females before they reached adolescence. Women did not have the right to pick
their mate when the marriageable age was lowered. Widows were compelled to do
sati. Widowed ladies were described as burning themselves on the funeral pyre in
Sanskrit literature such as Kumarsambhava and Mrichchhakatikam. Sati has been
practised since then as a symbol of women's purity and fidelity.

12. • Women were denied the right to inherit property. Women were not allowed to
possess Stridhan (property given to women at the time of her marriage). Only
the sisters who had no brothers received a portion of the estate. However,
because such circumstances were so rare, they did not receive any
compensation. Widows were awarded a piece of the property during the Vedic
period, but they were not regarded heirs to the property during the Post Vedic
period. As a result, we might deduce that women's freedom and liberty during
the Vedic time were taken away during the Post Vedic period. The life of a
Shudra(lower caste) was comparable to that of a woman. She was expected to
live and act in accordance with cultural conventions and her husband's
commands, which, if disobeyed may result in harsh consequences for women.

13. STATUS OF WOMEN IN MUGHAL PERIOD
• The arrival of the Mughals in India exacerbated the issues faced by women in
society. Women were viewed as sexual objects by the Mughals. The Mughals
took the ladies of the destroyed realm as trophies for their triumph after the
war. The Mughals' mindset resulted in the formation of the Jauhar ritual. The
Rajput Kshatriyas were known for their use of jauhar. The wives, daughters of
warriors, and the king of the vanished kingdom all burned themselves in the
flames to keep men from touching them. As a result, this habit became
popular, and it was considered as a way for women to demonstrate their
purity.

15. • Mughal soldiers and courtiers used to kidnap females and use them as sexual
objects on a regular basis. As a result, the number of children marrying young
has increased dramatically. Girls as young as six to eight years old were
wedded. Fearing that their children would be kidnapped by Mughal soldiers
and courtiers, they married their children at a young age. Those who did not
marry at a young age were locked away in the house. The Purdah System was
also introduced with the arrival of the Mughals. The Purdah System was used
by the Mughal Harem. At their daughters' weddings, the wealthy aristocracy
offered them gifts, ornaments, expensive garments, gold, valuable stones, and
money.

16. • The concept of dowry was born in this fashion. The locals followed in the
footsteps of the kings and embraced the Dowry System. However, not
everyone could afford to pay a dowry, therefore the birth of a girl child
was seen as a hardship. As a result, there were more female infanticide
cases. As a result, we may infer that, while Mughal reign introduced many
new improvements for the betterment of our country, it did not contribute
to the advancement of women's standing. On the contrary, it lowered their
social standing.

17. STATUS OF WOMEN IN BRITISH RULE
• Until the arrival of British rule in India and the efforts of different social
reformers such as Raja Ram Mohan Roy, Swami Dayanand Saraswati, Swami
Vivekanand, Ishwarchandra Vidyasagar, Justice M.G. Ranade, Annie Besant, and
others, the position and status of women remained unchanged. The British
Government issued many Acts for the improvement of women and to uplift their
position and standing in society as a result of the efforts of these social
reformers. Sati was still performed involuntarily.If any women or girls managed to
escape, their lives were rendered even more terrible by the imposition of
different rules. They were regarded as unlucky and were not permitted to attend
auspicious events.

18. • There was a lot of forced widowhood going on. A girl child's birth was seen to be
a negative omen and a burden on the household. As a result, they were killed
shortly after birth. They were deprived of basic necessities like as education and
independence if they survived after birth. They married while they were both
extremely young. Male children were favoured since it was thought that if a male
child performed the funeral rites, the parents would achieve moksha. Polygamy's
growing popularity, as well as society's approval of having more than one wife,
put women in a condition of insecurity for a long time. Kulinism's practise in
Bengal further degraded womanhood.

19. Socio-Religious Reform Movements and Acts
enacted by the British government to improve the
status of women in society.
• Sati has been practised for centuries. Raja Ram Mohan Roy is
known as the "Crusader Against Sati." He stated that most of the
time, women were forced to wear sati. In 1818, Raja Ram Mohan
Roy and his associates filed many petitions to outlaw Sati. In his
Bengali journal, ‘Sambad Kaumudi,' he also published an article
opposing sati. Lord William Bentick passed The Prohibition of Sati
and Female Infanticide Act, 1829, as a result of his tireless efforts
and difficulties.
RAJA RAM MOHAN ROY

20. • Widows' lives were fraught with hardships. Women who did not
commit sati had a difficult and unhappy existence. Ishwar Chandra
Vidyasagar put forth a lot of effort to improve the lives of widows.
He had widespread support from educated Indians around the
country. The British Government passed the Widow Remarriage
Act, 1856, thanks to Ishwar Chandra Vidyasagar's efforts. As a
result, there was some alleviation for women during British
administration. To some extent, the British Government's Acts
helped to restrain societal abuses and practises.
VIDYASAGAR

21. STATUS OF WOMEN POST INDEPENDENCE
• Post-Independence various laws were passed for the betterment and upliftment of
women. The most important being Article 14, 15 and 16 of Indian Constitution.
Article 14 provides Equality before the law, it states that “The State shall not deny
to any person equality before the law or the equal protection of the laws within
the territory of India.” Article 15 states “Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth.” Article 16 states “Equality of
opportunity in matters of public employment.” Other laws passed were Maternity
Benefit Act of 1861, Special Marriage Act of 1954, Hindu Marriage Act of 1955, The
Hindu Adoption and Maintenance Act of 1956, The Hindu Minority and Guardianship
Act of 1956, The Hindu Succession Act of 1956, The Dowry Prohibition Act of 1961,
Indian Divorce Act of 1969, Medical Termination of Pregnancy Act of 1971, The
Hindu Women Right to Property Act of 1973, The Equal Remuneration Act of 1976
and many more.

22. • Although these Acts provided some security for women and improved their legal
standing, they did not improve women's social standing. Women's right to
education, as provided by Article 21(A) of the Indian Constitution, was rejected
by society. Women were unaware of their rights since they were uneducated.
Despite the fact that child marriages were illegal under the law, they continued
in most rural communities. The concept of a patriarchal society was strongly
embedded in the culture. The idea that women should not be well educated,
that they should marry young, serve their husbands and in-laws, and care for
them and their children won out. The concept that her husband’s house is hers
was ingrained in the minds of girls since a very small age.

23. • Despite the passage of the Female Infanticide Prevention Act of 1870 and the
Medical Termination of Pregnancy Act of 1971, people continued to kill female
children before or after birth because they were considered a burden. Despite the
fact that the giving and receiving of dowry is illegal, many bridegroom's families
demand it, and the bride's family lives in terror that if they don't provide, their
daughter would suffer. As a result, it becomes a financial burden for those who are
not well-off. Women are expected to eat after men in many families, and they get
to eat whatever is left over. Malnutrition arises as a result of this. Malnutrition
claims the lives of almost 500 women every day. As a result, it is not improper to
state that women in India did not obtain independence following the country's
independence. Despite the passage of rules and regulations, the Patriarchal Society
isolated women.

24. STATUS OF WOMEN IN 21ST CENTURY
• Women are acquiring an education against unwritten societal expectations that
demand women to limit their education. There is no sphere of endeavour where
women are not represented, whether it be politics, science, medicine, law, or
literature. The percentage of students that drop out of school has decreased.
Pratibha Patil, Sushma Swaraj, Sheila Dixit, Nirmala Sitaram, and Smriti Irani are
examples of successful women in politics. Shobhaa De, Anita Desai, Arundhati Roy,
Nita Ambani, and Sharmila Tagore, for example, have carved out a niche for
themselves in their respective fields. As a result, it may be stated that women's
empowerment is progressing steadily, albeit slowly.

26. WOMEN WHO HELPED TO DRAFT THE INDIAN CONSTITUTION

27. NAMES OF THE WOMEN WHO HELPED TO
DRAFT THE INDIAN CONSTITUTION
1. Ammu Swaminathan, kerala
2. Dakshayani Velayudhan,cochin
3. Begum Aizaz Rasul, Malerkotla (1st muslim woman of the Constituent
Assembly)
4. Durgabai Deshmukh, Rajahmundry
5. Hansa Jivraj Mehta
6. Kamla Chaudhary,lucknow
7. Leela Roy, Goalpara, Assam
8. Malati Choudhury, East Bengal (Bangladesh)
9. Purnima Banerjee, Allahabad, Uttar Pradesh

28. 10. Rajkumari Amrit Kaur, Lucknow (1st Health minister )
11. Renuka Ray (Minister for Relief and Rehabilitation)
12. Sarojini Naidu, Hyderabad,(the first Indian woman to be president of the
Indian National Congress and to be appointed as an Indian state governor. She is
popularly called “the Nightingale of India”)
13. Sucheta Kriplani, Haryana (India’s first woman Chief Minister)
14. Vijaya Lakshmi Pandit, Allahabad (1st Indian woman ever to become a cabinet
minister)
15. Annie Mascarene, Thiruvananthapuram, Kerala ( 1st woman MP from Kerala )

29. CONCLUSION
• The year 1975 has been designated as the International Women's Year. Women
gradually become more aware of their importance in the development of a
prosperous community. They've awoken and are moving quickly. There isn't a
single field that the ladies haven't conquered. They are gradually gaining a
foothold at the top of every industry. They are outperforming their male
colleagues in education, putting them in a tight battle. They've progressed from
being hidden behind the veil and following a man's orders to taking a firm
position for what they believe. With the abolition of many superstitious
customs, women now have a unique opportunity to demonstrate that they are
not only equal to men, but are even better.

30. THANK YOU