Role Of Women In Economic Development In Punjab And Haryana - A Legal Perspective
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Category: General Law
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ROLE OF WOMEN IN ECONOMIC DEVELOPMENT IN
PUNJAB AND HARYANA: A LEGAL PERSPECTIVE
Ankita Mukherjee, LL.M., Central University of Haryana
1. Introduction:
The economic progress of any society depends on the participation of all sections of population and now more so women, who make significant but unnoticed contributions to economies. Considering this matter, Punjab and Haryana are the two Indian states those are very unique in both economic model and societal structures. Both states are agricultural economies and among the richest in India; such status can be partly ascribed to the “Green Revolution”, which significantly enhanced agricultural production in the region. [1] However, despite such economic growth, gender disparities remain strong when it comes to economic engagement. Here women have been important actors, particularly in agriculture, informal employment, and micro-enterprise sectors.
However, the total actualization of women’s capabilities’ is often thwarted by societal norms, patriarchal customs, and even an ineffectual legal structure. [2] India’s legal system provides support for gender equality in various constitutional provisions, laws and policies. The Constitution of India upholds equality principles and no discrimination. Article 14 [3] of the Constitution of India enunciates “equality before the law”, whereas Article
15 and 16 [4] of the Constitution of India prohibit discrimination on the grounds of gender and
other grounds. [5] Some major enactments have been made regarding legislation to protect women rights, to protect their rights related to employment and inheritance as well as social security. Despite all the positive legal frameworks in Punjab and Haryana, such rural practices offset the applications of this paper to silence the potential growth of economic empowerment for women. Millions of women work within the informal sectors-very little labour regulation and social protection could be enjoyed, with equal pay, property rights, and financial independence
1 H. S. Sidhu, “Crisis in Agrarian Economy in Punjab: Some Urgent Steps” 37 Economic and Political
Weekly (2002)
2 Balwinder Kaur and Sangeeta Nagaich, “An Overview of Female Labour Force Participation Rate in
Punjab” Ssrn (2019)
3 The Constitution of India, art. 14
4 The Constitution of India, arts. 15, 16
5 Government of India. (1950). The Constitution of India. New Delhi: Ministry of Law and Justice
well beyond their reach. Reforms in the law system can support inclusive growth and empowerment.
2. Objective:
The major aim of this article is to study the women’s involvement in the economic development of Punjab and Haryana from a legal viewpoint. Specifically, this article aims to, • Assessment of Legal Frameworks: Asses the existing legal framework governing women's economic rights vis-à-vis constitutional protection, employment, wages, inheritance, and protection at work in Punjab and Haryana • Assess Implementation and Enforcement Gaps: Examine social norms, customary practices, and conflicts which are major contributors to the gap in frameworks that impede economic participation among women in both formal and informal economies.
• Analyze the socio-economic constraints: What traditional gender roles, patriarchal structures, and inadequate legal awareness limiting the economic participation of women and how government initiatives in Punjab and Haryana having effecting in skill development, microcredit, and land reform.
3. Legal Framework for Women’s Economic Participation in Punjab and Haryana:
Legal framework in India is geared towards helping gender equality, employment rights, and social protections. However, regional disparities enforcement and even societal norms become very influential variable in how these laws interact with women’s lives.
3.1. Constitutional Frameworks:
o Article 14[6] of The Constitution of India ensures that “equality before the law” and “equal protection of the laws” to all person, men, or women. This is considered an important provision for women’s economic rights because it forms a basis to oppose any kind of gender bias in employment, property rights, and access to resources. o Article 15[7] of The Constitution of India categorically prohibits discrimination based on sex and several other grounds, and the Article 15(3)[8] of The Constitution of India allows the state
6 Supra note 4, art.14
7 The Constitution of India, art. 14
8 The Constitution of India, art. 15(3)
to enact special provisions for women and children. [9] This is particularly relevant in Punjab and Haryana, where specific measures are necessary for protecting women’s employment and economic participation in society in order to address longstanding, deeply ingrained gender biases. o Article 39(a) [10] and 39(d) [11] of The Constitution of India directs the state to ensure that men and women both have access to justice and equal pay for equal work. However, the principles are only directing a policy while at same time being non-binding upon the judiciary and the executive arm of the government. In the case of Randhir Singh v.
Union of India [12] the Hon'ble Supreme Court of India held that even though the directive principle of “equal pay for equal work” is not a fundamental right, it is a constitutional objective that can be enforced through Article 32 [13] of the Constitution of India. o Article 42[14] of The Constitution of India is one that forces the state to enact reasonable legislation for the workers assuring humane conditions of work and maternity relief, which has been guiding labour laws in favor of working women India. These constitutional provisions provide a framework for gender equality but are difficult to implement in grassroot level in rural Punjab and Haryana, dominated by patriarchal values. Poor knowledge of legal recourse further dilutes their impact.
3.2. Employment and wage legislation:
o The Equal Remuneration Act, 1976 [15] stipulates “equal pay for equal or similar work”, but wage discrimination prevails in Punjab and Haryana, especially in the agricultural sector. Women work in family-owned farms; their labour is generally not recognized. In the informal sector, the effectiveness of the Act is nil and wage discrimination continues. o The Minimum Wages Act, 1948 [16] aims to ensure workers receive a basic wage for survival. However, many women in Punjab and Haryana, especially in informal sectors like agriculture 9 Arun K Thiruvengadam, The Constitution of India: A Contextual Analysis (Bloomsbury Publishing India Pvt. Ltd, India, 1st edn., 2017).
10 The Constitution of India, art. 39(a)
11 The Constitution of India, art. 39(d)
12 AIR 1951 SC 879
13 The Constitution of India, art. 32
14 The Constitution of India, art. 42
15 The Equal Remuneration Act, 1976 (Act 25 of 1976)
16 The Minimum Wages Act, 1948 (Act 11 of 1948)
and domestic work, are inadequately paid due to weak implementation, making them economically vulnerable and perpetuating gender inequality. o The Maternity Benefit Act, 1961[ 17] allows women paid maternity leave for 26 weeks besides conferring pregnancy-related benefits in the formal sector. Although it favors working mothers, importance lies very little as a whole since more than half of the women working population in Punjab and Haryana resides in the informal sector, therefore cannot possibly reach them. In sectors in which the act does apply, most employers are reluctant to implement it in its entirety as they believe it will cost them dearly, which only serves to further limit its scope
3.3. Property and Inheritance Rights:
Right to Own Property and Inheritance Property ownership is the bedrock of women's economic independence as it gives them an asset base, credit, and social security. Even though Punjab and Haryana have been burdened with intricate entitlement structures for inheritance and customs-based processes, tenancy-related or heritage laws and customary standards remain significant obstacles in women's ownership of property. The Hindu Succession Act, 1956 [18] and The Hindu Succession (Amendment) Act, 2005 [19] guarantees daughters’ equal property rights as male heirs, but social pressure in Punjab and Haryana discourages women from asserting these rights. Rural women often abandon their claims due to family pressure, facing both bureaucratic and social hurdles that deny them access to property and economic independence. The Supreme court’s judgement from Vineeta Sharma v.
Rakesh Sharma [20] case considerably clarified the rights of daughters in coparcenary property in the Hindu Succession (Amendment) Act, 2005. [21] Coparcener’s daughters are granted coparcenary rights by birth, they will have right to partition, The wife of a coparcener is also entitled to an equal share during partition, safeguarding her interests. Customary Laws and Social Norms: Inheritance laws are often bypassed in rural Punjab and Haryana as it passes through the male lineage and denies women their legal rights to property. Both genders being included in land titles by changing the law should definitely be implemented much stronger in these areas.
17 The Maternity Benefit Act, 1961 (Act 53 of 1961)
18 The Hindu Succession Act, 1956 (Act 30 of 1956)
19 The Hindu Succession (Amendment) Act, 2005 (Act 39 of 2005)
20 (2020) 9 SCC 1
21 Supra note 20
3.4. Laws for protecting women in Workplace:
The landmark case, Vishaka v. State of Rajasthan [22] resulted the 1997 Vishaka Guidelines, defining workplace sexual harassment as a constitutional violation, which later paved the path enabling The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [23], promoting women's dignity and security. [24] The Act aims to create safer environments through the Internal Complaints Committees (ICCs). However, in rural areas of Punjab and Haryana, its implementation continues to be wanting, at least in the informal economy. Women living in these villages face several barriers like social deterrence, fear of retribution, and a lack of awareness regarding their rights that keep them from reporting incidents of harassment and seeking redressal.
4. Role of personal laws:
4.1. Inheritance and property rights:
The rules of inheritance, as defined by personal laws that have their roots in religious precepts, outline how far women might be able to gain control over family assets - a key prerequisite for reaching economic independence. The Hindu Succession Act, 1956, [25] enacted precisely to ensure daughters in Hindu families enjoyed equal rights of inheritance as sons. However, in the amendment of 2005, daughters were, by no doubt, accorded equal rights to ancestral property irrespective of her marital status. [26]. In fact, in Punjab and Haryana, women are subjected to social coercion that deprives them of inheritance. The women in these regions are coerced to surrender rights over family property into brother's pocket as men are considered the primary custodian of family fortunes and this is an age-old patriarchal norm.
The lack of access to inherited assets highly limits women's economic independence because it denies them the use of essential financial stability and credit guarantees necessary for entrepreneurial activities or investments in education and health services [27].
22 AIR 1997 SC 3011
23 The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (Act 14 of 2013) 24 Akshat Hegde and Balpreet Kaur Bhatti, “Case Commentary on Vishaka v. State of Rajasthan” 6 Indian Journal of Law and Legal Research (2024).
25 Supra note 19, at 5
26 Bina Agarwal, A Field of One's Own: Gender and Land Rights in South Asia (Cambridge University Press, 1st edn., 1995). 27 Rakesh Kumar Mahato, Arindam Das, et.al., “Gender Inequality in Land Ownership in India: Evidence from National Sample Survey” Ssrn (2023).
Islamic personal law provides women with the right to inherit; however, they generally acquire only fifty percent of the inheritance awarded to men. This imbalanced allocation hinders Muslim women’s ability to access family wealth, consequently constraining their financial independence and security. In rural regions, cultural customs and patriarchal influences further exacerbate the issues surrounding inheritance distribution, frequently pressuring women, especially those in Punjab and Haryana, to forfeit their legitimate rights to property in favor of male family members. Such social norms keep women away from economic security and do not let them pledge property for enterprise, education, and health care to struggle for long-term independence.
4.2. Marriage, Divorce and Economic Security:
Women's economic opportunities, especially through inheritance, marriage, and divorce, are influenced by personal laws in the states of Punjab and Haryana. The Hindu Succession Act
1956 [28], amended in 2005, gives equivalent inheritance rights to the women, but traditional
practices prevent them from taking full advantage of them; this is particularly true in rural areas. The marriage and divorce laws offer female Hindus monetary support, though very minimal. Until 2019, Muslim women had to bear the “Triple Talaq”. The Hon’ble Supreme Court of India has struck down Triple Talaq, declaring it unconstitutional for violating women's equality in Shayara Bano vs. Union of India [29] case. Similarly, The Shah Bano case, Mohd. Ahmad Khan vs. Shah Bano Begum [30], marks a turning point for India's Muslim women's rights movement in challenging Muslim personal law and empowering thousands of women to make rightful claims that otherwise have been denied to them. [31] Reforms and awareness may further aid women's financial freedom and develop balanced growth.
4.3. Dowry Practices and Economic Disempowerment:
Dowry practices continue to exist in Punjab and Haryana despite being prohibited under The Prohibition of Dowry Act, 1961, [32] and yet they affect women's economic independence. Dowry demands drain family savings, limiting resources for daughters’ education and entrepreneurship. This economic strain leads to domestic violence and separation, making women financially vulnerable.
28 Supra note 19, at 5
29 (2017) 9 SCC 1
30 AIR 1985 SC 945
31 Editorial, “What is Shah Bano Case?”, The Indian Express, Aug. 23, 2017, (last visited on Nov. 15, 2024).
32 The Dowry Prohibition Act, 1961 (Act 28 of 1961)
5. Customary Practices and Societal Expectations:
Traditional practice always erodes formal legal rights in Punjab and Haryana's rural areas, especially regarding the family and property relationship. Even though daughters got their inheritance rights through the 2005 amendment to the Hindu Succession Act, social pressure strongly deters them from claiming the rights granted to them, as they are considered part of another family post-marriage. Likewise, women have been excluded in economic employment mainly because societal expectations militate against their family roles: education and wealth creation, among others, which reduces their level of participation economically.
6. Bureaucratic Barriers and Limited Access to Legal Support:
Women also face bureaucratic and juridical obstacles in claiming inheritance rights. The inheritance disputes may sometimes be quite complicated and protracted, particularly in Punjab and Haryana, as the records of land or property holdings are not well maintained. Local officials, who are generally biased towards patriarchal positions, also work at cross-purposes with women trying to claim inheritance rights. Plus, women dwelling in the rural areas also lack various legal resources or have limited knowledge of rights under the Hindu Succession Act, making it even more difficult for them to maneuver within the legal framework. In most of these cases, women have to seek legal assistance to assert their rights to inheritance, something which is hardly realized in the rural tracts of Punjab and Haryana. Lack of easily accessible legal resources keeps women away from pursuing their claims.
Legal services for rural women are underfunded, and awareness campaigns are sparse. For this reason, most women do not know their entitlements. This has become a vicious cycle because women are legally excluded from owning any form of property; consequently, they lack the economic security that accompanies such participation.
7. Economic Marginalization of Women:
Rural-urban disparities shape the employment of women in Punjab and Haryana. Rural Haryana has experienced a spectacular growth in female participation, which reached 58.6% from 22.4% within two decades. The increase is still more steady for Punjab. Urban participation is low because of uninitiated dependency and unemployment. [33] [34]
33 Monu Devi, “Role of Women in Economic Development in Haryana” 6 Journal of Emerging Technologies
and Innovative Research (JETIR) (2019). 34 Dr. Rakesh Kumar, “Women Employment in Punjab: An Inter-District Analysis” 4 Indian Journal of Applied Research (2014).
7.1.Female Participation in Agriculture Women in Punjab and Haryana are engaged in diverse important agricultural operations, with women working alongside men in the sowing of crops, harvesting, and even raising animals. Yet, in the books of registered employment, they feature hardly ever. Their labour is described as unpaid family work, which denies them their economic agency and deprives them of benefits such as minimum wages and social security. Since, without the due legal frameworks, women are not official agricultural workers, it makes them economically marginalized and, hence, limited from creating their personal wealth or reinvesting in their community.
7.2. Informal Sector
The labour rights remain poorly protected, and compensation and job security are very low in the informal economy, where the majority of women in Punjab and Haryana find employment. Present labour laws that not only include the minimum wage and workplace safety but many more do not suffice to cover informal workers, thus making women vulnerable to exploitation. Furthermore, informal sector workers, mostly have no access to social welfare measures including pension schemes and health insurance, which worsens economic uncertainty faced by women.
7.3. The National Rural Employment Guarantee Act (NREGA) [35]
NREGA offers wage employment ready to economically empower women. Under NREGA, participation among women has been drastically low across the states of Punjab and Haryana and largely resultant from socio-cultural restrictions, absence of childcare facilities, and the lack of jobs. Moreover, when women do manage to get employment under this scheme, their wages are often much lower than those of men, reflecting systemic undervaluation of women's labour. More inroads of economic opportunities for women may be made in improving NREGA accessibility and better the enforcing of equal provisions on wages.
8. Policies Supporting Women’s Economic Development in Punjab and Haryana:
The serious issue of gender disparity, particularly in economic engagement and political representation, prevails in India. In Punjab and Haryana, efforts are concentrated on women's empowerment and promoting participation of women in agriculture, industry, services, and
35 The National Rural Employment Guarantee Act, 2005 (Act 42 of 2005)
entrepreneurship to bring about an overall advancement in the economy. 8. 1. Education and Skill Development: • The Right of Children to Free and Compulsory Education Act, 2009 [36]: This policy ensured that girls enjoyed free and compulsory education as well, which effectively minimized the illiteracy rates among women than significantly. The program witnessed an inflow of girls to schools in rural areas of Punjab and Haryana. • Skill Development Initiatives: Punjab State Skill Development Mission (PSDM) and Haryana Skill Development Mission (HSDM). These provide vocational skills development to women in the areas of health, IT, and retail for better employment and entrepreneurship opportunities. 8. 2. Financial Inclusion Schemes • Pradhan Mantri Mudra Yojana (PMMY): [37] It provided credit access to female entrepreneurs who are interested in establishing or expanding micro-enterprises.
These schemes have helped a large number of women in Punjab and Haryana in setting up microenterprises. • Mahila Udyam Nidhi Scheme: Targeting women entrepreneurs to provide them with loans to start a business. • National Rural Livelihood Mission, NRLM: Empowers women through self-help groups (SHGs) by providing microfinance to rural women and collective entrepreneurship. • State Mini Cluster Development Scheme: The scheme aims to support MSE growth through technology, skill improvement, market access, capital, and common facility center.
8.3. Maternity and Childcare Policies
The Maternity Benefit Act, 1961: [38] Guarantees paid maternity leave for working women to enhance job security and economic independence. • Beti Bachao Beti Padhao (Save daughter and Educate daughter): It promotes the welfare of girls, focusing on female education with betterment in gender ratios and thus positively
36 The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009)
37 “PMMY: This Youth-Centric Scheme Provides Loan up to Rs 10 Lakh to Set up Business", Zee Business, Jan. 24, 2024, available at: https://www.zeebiz.com/personal-finance/news-pradhan-mantri-mudra-yojana-pmmythis-youth-centric-government-scheme-gives-you-loan-up-to-rs-10-lakh-know-details-self-reliance-273406 (last visited on Nov. 27, 2024).
38 Supra note 18 at 4
impacts women's workforce participation. • Pradhan Mantri Matru Vandana Yojana: [39] Which offers financial assistance to lactating mothers (Rs 5000 for the first child and Rs 6000 for the second child if it's a girl)
9. Analysis on the Challenges to Gender in the Economic
Development of Punjab and Haryana:
1. Strengthen Property and Inheritance Rights: The property and inheritance rights must be
strengthened through the Hindu Succession Act of 2005 Amendment, which postulates equal inheritance rights; joint land ownership; and legal aid in property disputes.
2. Promote Legal Awareness: Launch and implement legal literacy campaigns among rural
women regarding the law on property, labour, and workplace harassment.
3. Improve Financial Accessibility: Establish microfinance and cooperative banking
alternatives that offer low-interest loans and provide financial education aimed at empowering women entrepreneurs.
4. Improving Capability: Improve vocational training in agriculture, digital literacy, and
entrepreneurship skills.
5. Encourage Labour force Participation: Incentivize businesses to recruit women in all sectors
across areas.
6. Support Networks: Implement programs of mentoring for women entrepreneurs.
7. Occupational Safety and Fair Remuneration: Develop Equal Remuneration Act along with
the Act of Workplace Harassment.
10. Conclusion
Increasing the economic role of women in the economy of Punjab and Haryana demands strong legal enforcement, societal support, and access to resources. Some potential instruments that can be used for enhancing women's economic autonomy and participation are legal rights about inheritance, legal awareness, financial inclusion, and skill development. In fact, all these strategies permit the feasibility of exploring the potential by states so that resultant sustainable 39 Avijit Das, “PM Matritva Vandana Yojana: Ensuring Safety and Support for Married Women – Know All the Benefits”, Timesbull, Nov. 26, 2024, available at: https://www.timesbull.com/business/pm-matritva-vandanayojana-ensuring-safety-and-support-for-married-women-know-all-the-benefits-386037.html (last visited on Nov. 27, 2024).
growth, depletion of gender inequalities and creation of an economy that benefits not only the local communities but the society in large numbers is obtained.
References: • H. S. Sidhu, “Crisis in Agrarian Economy in Punjab: Some Urgent Steps” 37 Economic and Political Weekly (2002) • Balwinder Kaur and Sangeeta Nagaich, “An Overview of Female Labour Force Participation Rate in Punjab” Ssrn (2019) • Government of India. (1950). The Constitution of India. New Delhi: Ministry of Law and Justice • Arun K Thiruvengadam, The Constitution of India: A Contextual Analysis (Bloomsbury Publishing India Pvt. Ltd, India, 1st edn., 2017) • Akshat Hegde and Balpreet Kaur Bhatti, “Case Commentary on Vishaka v. State of Rajasthan”
6 Indian Journal of Law and Legal Research (2024)
Bina Agarwal, A Field of One's Own: Gender and Land Rights in South Asia (Cambridge University Press, 1st edn. , 1995) • Rakesh Kumar Mahato, Arindam Das, et. al. , “Gender Inequality in Land Ownership in India: Evidence from National Sample Survey” Ssrn (2023) • Editorial, “What is Shah Bano Case? ”, The Indian Express, Aug. 23, 2017, available at: https://indianexpress. com/article/what-is/what-is-shah-bano-case-4809632/ (last visited on Nov. 15, 2024) • Monu Devi, “Role of Women in Economic Development in Haryana” 6 Journal of Emerging Technologies and Innovative Research (JETIR) (2019) • Dr. Rakesh Kumar, “Women Employment in Punjab: An Inter-District Analysis” 4 Indian Journal of Applied Research (2014) • “PMMY: This Youth-Centric Scheme Provides Loan up to Rs 10 Lakh to Set up Business", Zee Business, Jan. 24, 2024, available at: https://www. zeebiz.
com/personal-finance/newspradhan-mantri-mudra-yojana-pmmy-this-youth-centric-government-scheme-gives-you-loanup-to-rs-10-lakh-know-details-self-reliance-273406 (last visited on Nov. 27, 2024). • Avijit Das, “PM Matritva Vandana Yojana: Ensuring Safety and Support for Married Women – Know All the Benefits”, Timesbull, Nov. 26, 2024, available at: https://www. timesbull. com/business/pm-matritva-vandana-yojana-ensuring-safety-and-
support-for-married-women-know-all-the-benefits-386037.html (last visited on Nov. 27, 2024). • The Constitution of India, 1950 • Indian Kanoon - Search engine for Indian Law. Url: https://indiankanoon.org/