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Social Structure and Social Change

Notes their income mostly on raising the living standards, though they are accused of becoming proud,
self-centered, arrogant and negligent, yet they manage to break through the shell of narrow domestic
existence and participate in the larger life of the nation and even humanity.
Rights of Women
In a society where about half of the total population and three-fifths of the females are illiterate (1991
Census), orthodox and tradition-bound beliefs and practices cannot be stuffed overnight. Nor it is
easy to create a strong public opinion against these practices. Legislation, of course, does make some
impact but it can only be introduced very cautiously and in stages. What are the legislations on the
statute book at present pertaining to women’s rights? To what extent have these social laws
revolutionized the Hindu society? To what extent have they tried to bring about social change? We
will briefly discuss the rights assured to women through these laws.
The important rights assured by the Constitution of India to women, like men, are:
1. Right to equality, that is, equality of opportunity, equality before law, equal protection of the
laws, not discriminating against any person on grounds of sex, and not discriminating against in
matters of public employment on the gender grounds.
2. Right to freedom, that is, freedom of speech, expression, residence; occupation, and mobility.
3. Right against exploitation, that is, against forced labour (begar).
4. Right to freedom of religion, that is, professing, practicing and propagating religion freely.
5. Right to property, that is, acquiring, holding and selling property.
6. Cultural and educational rights, that is, conserving one’s culture and seeking admission to
educational institutions.
7. Right to constitutional remedies, that is, approaching courts for enforcing fundamental rights.
Besides assuring these fundamental rights, the state has also been empowered to enact special laws
for protecting the interests of and giving preferential treatment to females (and weaker sections). On
this ground, the state has been taking legislative measures from time to time for performing its
obligations of bringing in a social order in which justice prevails.
During the last three to four decades, a number of laws have been enacted/amended to ensure equality
of status and opportunity for women. These laws may be examined at three levels: social, economic,
and political.
Social Laws

The major issues relevant to women and relating to social laws are: marriage, adoption, guardianship,
and abortion. The important issues pertaining to marriage are: (a) mate selection, (b) age at marriage,
(c) polygamy, (d) invalid marriage, (e) defective or void marriage, (f) divorce, (g) restitution of conjugal
rights, (h) alimony and maintenance, (i) custody of child, (j) dowry, and (k) remarriage. The important
laws, already referred to in earlier pages, pertaining to these issues are: the Hindu Marriage Act,
1955; the Special Marriage Act, 1954; and the Widow Remarriage Act, 1856.
The law pertaining to the adoption of children was passed in 1956, called the Hindu Adoption and
Maintenance Act. Not only a married woman but an unmarried woman, a widow, and a divorcee are
also given the right to adopt a child. Only such children are permitted to be adopted who are unmarried
and less than fifteen years of age.
Abortion was legally treated as a criminal offence till 1970. In 1971, the Medical Termination of
Pregnancy Act was passed which legally permitted both pregnant woman and abortionist to cause
miscarriage. The legislation, which came into force in April 1972, permits the termination of pregnancy
by a registered doctor if it does not exceed twelve weeks. The pregnancy is to be terminated if it
involves risk to the life of the pregnant woman, grave injury to her physical/mental health, and the
risk that if the child is born, he would suffer from such physical or mental abnormalities so as to be
seriously handicapped. The termination of pregnancy is also permitted where it is caused by rape or
failure of con-traceptive device.

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