Economy Data , India

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India

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Region	South Asia
Income Group	Lower middle income
Population	1,324,171,354
Female Population	637,908,142
% of Women in the Workforce	25%

Topic scores

Accessing institutions	100
Using property	80
Getting a job	40
Providing incentives to work	40
Going to court	100
Building credit	0
Protecting women from violence	100

Scored Questions

Question	Answer	Score
Are wives required to obey their husbands?	No	1
Can a woman apply for a passport in the same way as a man?	Yes	1
Can a woman apply for a national identity card in the same way as a man?	N/A	..
Can a woman travel outside the country in the same way as a man?	Yes	1
Can a woman travel outside her home in the same way as a man?	Yes	1
Can a woman get a job in the same way as a man?	Yes	1
Can a woman sign a contract in the same way as a man?	Yes	1
Can a woman register a business in the same way as a man?	Yes	1
Can a woman open a bank account in the same way as a man?	Yes	1
Can a woman choose where to live in the same way as a man?	Yes	1
Can a woman be "head of household" in the same way as a man?	N/A	1

Constitutional rights

Question	Answer	Source
Does the constitution contain a clause on nondiscrimination?	Yes	Constitution of India, Art 15(1)
If there is a nondiscrimination clause in the constitution, does it mention sex or gender?	Yes	Constitution of India, Art. 15(1)
Does the constitution contain a clause on equality?	Yes	Constitution of India, Art. 14
Is customary law recognized as a valid source of law under the constitution? Secs. 371A(1) and 371G of the Constitution of India recognize the customary laws for the Nagas and Mizos and on their own territories.	No	Constitution of India, Art. 13(3)(a)
If so, is customary law invalid if it violates constitutional provisions on nondiscrimination or equality?	N/A
Is personal law recognized as a valid source of law under the constitution?	Yes	Constitution of India, Seventh Schedule List III--Concurrent List, Art. 5
If so, is personal law invalid if it violates constitutional provisions on nondiscrimination or equality? Case law provides that Section 13 of the Constitution of India does not extend to certain personal and customary laws.	No	Constitution of India, Arts. 13(1) and 13(2)

Marital responsibility

Question	Answer	Source
Are wives required to obey their husbands?	No	No applicable provisions could be located
Can a woman confer citizenship to a non-national spouse in the same way as a man?	Yes	Citizenship Act, 1955, as amended, Art. 5(1)(c)
Do spouses jointly share responsibility for financially maintaining the family?	Yes	No applicable provisions could be located

Married and unmarried women

Question	Answer	Source
Can a married woman apply for a passport in the same way as a married man?	Yes	Passports (Amendment) Rules, 2016, Sec. 2 Passport application form
Can an unmarried woman apply for a passport in the same way as an unmarried man?	Yes	Passports (Amendment) Rules, 2016, Sec. 2 Passport application form
Can a married woman apply for a national identity card in the same way as a married man?	N/A	No applicable provisions could be located
Can an unmarried woman apply for a national identity card in the same way as an unmarried man?	N/A	No applicable provisions could be located
Can a married woman travel outside the country in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman travel outside the country in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman travel outside her home in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman travel outside her home in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman get a job in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman get a job in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman sign a contract in the same way as a married man?	Yes	Indian Contract Act, Sec. 11
Can an unmarried woman sign a contract in the same way as an unmarried man?	Yes	Indian Contract Act, Sec. 11
Can a married woman register a business in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman register a business in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman open a bank account in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman open a bank account in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman choose where to live in the same way as a married man?	Yes	No restrictions could be located
Can an unmarried woman choose where to live in the same way as an unmarried man?	Yes	No restrictions could be located
Can a married woman be "head of household" or "head of family" in the same way as a married man?	N/A	No applicable provisions could be located
Can an unmarried woman be "head of household" or "head of family" in the same way as an unmarried man?	N/A	No applicable provisions could be located
Can a married woman confer citizenship to her children in the same way as a married man?	Yes	Citizenship Act, 1955 as amended, Arts. 3 and 4
Can an unmarried woman confer citizenship to her children in the same way as an unmarried man?	Yes	Citizenship Act, 1955 as amended, Arts. 3 and 4

Quotas

Question	Answer	Source
What are the quotas for women on corporate boards?	>0	Companies Act 2013, Art. 149(1)
What are the reserved seat quotas for women in national parliament?	No quota	No applicable provisions could be located
What are the reserved seat quotas for women in municipal councils?	33%	Constitution of India, Arts. 243D and 243T
What are the quotas for women on candidate lists in elections for national parliament?	No quota	No applicable provisions could be located
What are the quotas for women on candidate lists in elections for municipal councils?	No quota	No applicable provisions could be located
Are there sanctions for noncompliance with quotas for women on corporate boards?	Yes	Companies Act 2013, Art. 172
Are there sanctions for noncompliance with quotas for women on candidate lists for national parliament elections?	N/A
Are there sanctions for noncompliance with quotas for women on candidate lists for municipal council elections?	N/A	No applicable provisions could be located
Are there financial incentives to include women on corporate boards?	No	No applicable provisions could be located
Are there financial incentives to include women on candidate lists for national parliament elections?	No	No applicable provisions could be located
Are there financial incentives to include women on candidate lists for municipal council elections?	No	No applicable provisions could be located

Question	Answer	Score
Who legally administers marital property?	Original owner	1
Does the law provide for the valuation of nonmonetary contributions?	No	0
Do men and women have equal ownership rights to immovable property?	Yes	1
Do sons and daughters have equal inheritance rights?	Yes	1
Do female and male surviving spouses have equal inheritance rights?	Yes	1

Question	Answer	Source
What is the default marital property regime?	Separation of property	The Hindu Marriage Act, Sec. 27 The Hindu Succession Act, 1956, Sec. 14
Who administers marital property?	Original owner	Hindu Marriage Act, Sec. 27 Hindu Women's Right to Property Act, Sec. 3

Question	Answer	Source
If the husband administers property, is spousal consent required for major transactions?	N/A
Are there special provisions governing the marital home?	No	No applicable provisions could be located
Does the law provide for valuation of nonmonetary contributions?	No	No applicable provisions could be located

Question	Answer	Source
Do unmarried men and unmarried women have equal ownership rights to property?	Yes	The Hindu Succession (Amendment) Act, 2005, Sec. 6 The Hindu Succession Act, 1956, Sec. 14
Do married men and married women have equal ownership rights to property?	Yes	The Hindu Succession (Amendment) Act, 2005, Sec. 6 The Hindu Succession Act, 1956, Sec. 14

Question	Answer	Source
Do female and male surviving spouses have equal inheritance rights?	Yes	The Hindu Succession Act, 1956, Secs. 8 and 15
Do sons and daughters have equal inheritance rights?	Yes	Hindu Succession Act (Amendment), 2005, Sec. 3

Question	Answer	Score
Is there paid leave available to women of at least 14 weeks?	Yes	1
Do women receive at least 2/3 of their wages for the first 14 weeks or the duration of the leave if it is shorter?	Yes	1
What is the percentage of maternity leave benefits paid by the government?	0%	0
What is the difference between leave reserved for women and men relative to leave reserved for women, as a function of who pays?	0	0
Is there paid parental leave?	No	0
Does the law mandate equal remuneration for work of equal value?	No	0
Does the law mandate nondiscrimination based on gender in employment?	Yes	1
Is dismissal of pregnant workers prohibited?	Yes	1
Can parents work flexibly?	No	0
Can women work the same night hours as men?	No	0
Can women work in jobs deemed hazardous, arduous or morally inappropriate in the same way as men?	No	0
Are women able to work in the same industries as men?	No	0
Are women able to perform the same tasks at work as men?	No	0
Are the ages at which men and women can retire with full pension benefits equal?	Yes	1
Are the ages at which men and women can retire with partial pension benefits equal?	Yes	1
Is the mandatory retirement age for men and women equal?	N/A	..

Question	Answer	Source
Does the law mandate paid or unpaid maternity leave?	Yes	Maternity Benefit Act 1961, Sec. 5
Does the law mandate paid or unpaid paternity leave?	No	No applicable provisions could be located
Does the law mandate paid or unpaid parental leave?	No	No applicable provisions could be located
What is the length of paid maternity leave?	182	Maternity Benefit Act 1961, Secs. 4 and 5(3) Maternity Benefit (Amendment) Act 2016
What is the length of paid paternity leave?	N/A
What is the length of paid parental leave?	N/A
Who pays maternity leave benefits?	Employer 100%	Maternity Benefit Act 1961, Sec. 5 Maternity Benefit (Amendment) Act 2016
Who pays paternity leave benefits?	N/A
Who pays parental leave benefits?	N/A
What percentage of wages is paid during maternity leave?	100%	Maternity Benefit Act 1961, Sec. 5(1)
What percentage of wages is paid during paternity leave?	N/A
What percentage of wages is paid during parental leave?	N/A
What is the length of unpaid maternity leave?	0	No applicable provisions could be located
What is the length of unpaid paternity leave?	N/A
What is the length of unpaid parental leave?	N/A
How many days of unpaid parental leave must be taken by the mother?	N/A
How many days of unpaid parental leave must be taken by the father?	N/A
How many days of paid parental leave must be taken by the mother?	N/A
How many days of paid parental leave must be taken by the father?	N/A

Question	Answer	Source
Does the law mandate equal remuneration for work of equal value?	No	No applicable provisions could be located
Does the law mandate nondiscrimination based on gender in employment?	Yes	Equal Remuneration Act, Sec. 5
Does the law mandate nondiscrimination based on gender in hiring?	Yes	Equal Remuneration Act 1976, Sec. 5
Does the law mandate nondiscrimination based on gender in promotions?	Yes	Equal Remuneration Act 1976, Sect. 5
Does the law mandate nondiscrimination based on gender in dismissal?	No	No applicable provisions could be located
Is it prohibited for prospective employers to ask about family status?	No	No applicable provisions could be located
Is dismissal of pregnant workers prohibited?	Yes	Maternity Benefit Act 1961, Sec. 12
Are employers required to provide break time for nursing mothers?	Yes	Maternity Benefit Act 1961, Sec. 11
Can parents work flexibly?	No	No applicable provisions could be located

Question	Answer	Source
What is the age at which a man can retire and receive full benefits?	58	Employee's Pension Scheme 1995, Sec. 12(7)
What is the age at which a woman can retire and receive full benefits?	58	Employee's Pension Scheme 1995, Sec. 12(7)
What is the age at which a man can retire and receive partial benefits?	50	Employee's Pension Scheme 1995, Sec. 12(7)
What is the age at which a woman can retire and receive partial benefits?	50	Employee's Pension Scheme 1995, Sec. 12(7)
What is the mandatory retirement age for men?	N/A	No applicable provisions could be located
What is the mandatory retirement age for women?	N/A	No applicable provisions could be located

Question	Answer	Source
Can women work the same night hours as men?	No	Maharashtra Shops and Establishments Act, Sec. 33 Amendment of Schedule II of the Maharashtra Shops and Establishments Act 2015
Can women do the same jobs as men?	No	The Factories Act 1948, Secs. 27, 66 and 87 The Bombay Shops and Establishments Act 1948, Sec. 34-A
Can women work in jobs deemed hazardous in the same way as men?	No	Factories Act 1948, Sec. 87 Bombay Shops and Establishments Act 1948, Sec. 34-A
Can women work in jobs deemed morally or socially inappropriate in the same way as men?	No	Bombay Shops and Establishments Act, Sec. 34-A
Can women work in jobs deemed arduous in the same way as men?	Yes	No restrictions could be located
Can women work in mining in the same way as men?	No	Mines Act 1952, Sec. 46
Can women work in factories in the same way as men?	No	Factories Act 1948, Secs. 27, 66 and 87
Can women work in construction in the same way as men?	Yes	No restrictions could be located
Can women work in agriculture in the same way as men?	Yes	No restrictions could be located
Can women work in energy in the same way as men?	Yes	No restrictions could be located
Can women work in transportation in the same way as men?	Yes	No restrictions could be located
Can women work in the water sector in the same way as men?	Yes	No restrictions could be located
Can women work in metalworking in the same way as men?	No	Maharashtra Factories Rules 1963, Schedules II and VI
Can women engage in jobs requiring lifting weights above a threshold in the same way as men?	No	Maharashtra Factories Rules 1963, Rule 66 Factories Act 1948, Sec. 34
Can women work in all other jobs in the same way as men?	No	Maharashtra Factories Rules 1963, Schedules II, II, IV, VI, VII, VIII, X, XI, XIII, XIV, XV, XVIII, XX, XXI and XXII

Question	Answer	Score
Are mothers guaranteed an equivalent position after maternity leave?	No	0
Does the government support or provide childcare services?	No	0
Are childcare payments tax deductible?	No	0
Is primary education free and compulsory?	Yes	1
Are there tax deductions or credits specific to men?	No	1

Question	Answer	Source
Are mothers guaranteed an equivalent position after maternity leave?	No
Does the government provide a child allowance to parents?	No	No applicable provisions could be located
Must employers provide leave to care for sick relatives?	No	No applicable provisions could be located

Question	Answer	Source
Does the government provide childcare services?	No	No applicable provisions could be located
Does the government subsidize childcare services?	No	No applicable provisions could be located
Is primary education free and compulsory?	Yes	Right of Children to Free and Compulsory Education Act, 2009, Sec. 3

Question	Answer	Source
Are there tax deductions or credits specific to men?	No	No applicable provisions could be located
Are there tax deductions or credits specific to women?	No	No applicable provisions could be located

Question	Answer	Score
Does a woman’s testimony carry the same evidentiary weight in court as a man’s?	Yes	1
Does the law establish an anti-discrimination commission?	Yes	1
Does the law mandate legal aid in civil/family matters?	Yes	1
Is there a small claims court/fast-track procedure?	Yes	1

Question	Answer	Source
Does the law recognize customary courts?	No	No applicable provisions could be located
If yes, can their decisions be appealed to statutory courts?	N/A
Does the law recognize personal law courts?	Yes	Hindu Marriage Act, Arts. 2 and 19
Are there dedicated and specialized family courts?	Yes	Family Courts Act, Ch. III
Does the law establish an anti-discrimination commission?	Yes	National Commission for Women Act, Art. 10

Question	Answer	Source
Is women’s testimony afforded the same weight as men’s?	Yes	No restrictions could be located
Does the law mandate legal aid in civil/family matters?	Yes	Legal Services Authorities Act, Arts. 2(aaa) and 12(c)
Does the law mandate legal aid in criminal matters?	Yes	Legal Services Authorities Act, Arts. 2(aaa) and 12(c)
Is there a small claims court/fast-track procedure?	Yes	Presidency Small Cause Courts Act, Sec. 18 Court of Small Causes, Mumbai
If yes, what is the maximum amount?	9%	Court of Small Causes, Mumbai

Question	Answer	Source
How many justices are on the constitutional court?	25	Constitution of India, Arts. 124 and 131-133 Supreme Court (Number of Judges) Amendment Act, Art. 2
Of those, how many are women?	1	Supreme Court of India
Is the Chief Justice a woman?	No	Supreme Court of India

Question	Answer	Score
Do retailers provide information to credit agencies?	No	0
Do utility companies provide information to credit agencies?	No	0
Is discrimination based on gender prohibited in access to credit?	No	0
Is discrimination based on marital status prohibited in access to credit?	No	0

Question	Answer	Source
What is the minimum loan amount covered in the private credit bureau or public credit registry (%GNI/capita)?	0%
Do retailers provide information to credit agencies?	No
Do retailers provide positive information to credit agencies?	No
Do retailers provide negative information to credit agencies?	No
Do utility companies provide information to credit agencies?	No
Do utility companies provide positive information to credit agencies?	No
Do utility companies provide negative information to credit agencies?	No
Do microfinance institutions provide information to credit agencies?	Yes
Do microfinance institutions provide positive information to credit agencies?	Yes
Do microfinance institutions provide negative information to credit agencies?	Yes

Question	Answer	Source
Is discrimination based on gender prohibited in access to credit?	No	No applicable provisions could be located
Is discrimination based on marital status prohibited in access to credit?	No	No applicable provisions could be located

Question	Answer	Score
Is there legislation specifically addressing domestic violence? If not, are there aggravated penalties for crimes committed against a spouse or family member?	Yes	1
Is there legislation on sexual harassment in employment?	Yes	1
Is there legislation on sexual harassment in education?	Yes	1
Are there criminal penalties for sexual harassment in employment?	Yes	1
Are there civil remedies for sexual harassment in employment?	Yes	1

Question	Answer	Source
Is there domestic violence legislation?	Yes	The Protection of Women from Domestic Violence Act, 2005
If not, are there aggravated penalties for crimes against a spouse or family member?	N/A
Does domestic violence legislation cover physical violence?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. II, Sec. 3(d)(i)
Does domestic violence legislation cover sexual violence?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. II, Sec. 3(d)(ii)
Does domestic violence legislation cover emotional violence?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. II, Sec. 3(d)(iii)
Does domestic violence legislation cover economic violence?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. II, Sec. 3(d)(iv)
Does domestic violence legislation protect former partners or spouses?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. I, Sec. 2(f)
Does domestic violence legislation protect unmarried intimate partners? Legislation covers co-habiting intimate partners but does not cover non-cohabiting intimate partners.	No	No applicable provisions could be located
Are there criminal penalties for domestic violence?	Yes	The Protection of Women from Domestic Violence Act 2005, Secs. 5(e), 31(3) Criminal Code, Sec. 498A
Is there a specialized court or procedure for cases of domestic violence?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. IV, Secs. 12-16, Secs. 27-28
Do protection orders for domestic violence exist?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. IV, Sec. 18
Do protection orders provide for removal of the perpetrator from the home?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. IV, Secs. 19 (I)(a)-(c)
Do protection orders cover prohibition of contact and maintaining a distance from the survivor?	Yes	The Protection of Women from Domestic Violence Act, 2005, Ch. IV, Secs. 18(c)(d)

Question	Answer	Source
Does legislation explicitly criminalize marital rape?	No	No applicable provisions could be located
If not, can a wife file a complaint against her husband for rape or sexual assault?	No	Criminal Code, Art. 375, Exception
Have provisions exempting perpetrators from facing charges for rape if they marry the victim been removed or never existed in legislation?	Yes	No applicable provisions could be located

Question	Answer	Source
What is the legal age of marriage for boys?	21	The Prohibition of Child Marriage Act, Sec. 2(a,b) Hindu Marriage Act, Sec. 5(III)
What is the legal age of marriage for girls?	18	The Prohibition of Child Marriage Act, Sec. 2(a,b) Hindu Marriage Act, Sec. 5(III)
Are there any exceptions to the legal age of marriage? Sec.3(1) of the Prohibition of Child Marriage Act provides that such marriage shall be only voidable at the option of the child, i.e. a girl below the age of 18 years or a boy below the age of 21 and can chose to validate their marriage if they so wish and in such a case, the court can’t declare their marriage as void if the consent of both or either of the parties who was a child (as the case may be) is present.	No	No applicable provisions could be located
What is the minimum age of marriage with parental consent for boys?	N/A
What is the minimum age of marriage with parental consent for girls?	N/A
What is the minimum age of marriage with judicial authorization for boys?	N/A
What is the minimum age of marriage with judicial authorization for girls?	N/A
Is marriage under the legal age void or voidable? Child marriages are voidable.	Yes	The Prohibition of Child Marriage Act, 2006, Secs. 3 and 12-14
Are there penalties for authorizing or knowingly entering into child or early marriage? Punishment of imprisonment and/or fines for adult males who marry minor females, for anyone who performs, conducts, directs or abets any child marriage, and for anyone who promotes or permits the solemnisation of child marriages.	Yes	The Prohibition of Child Marriage Act, 2006, Secs. 9-11

Question	Answer	Source
Is there legislation specifically addressing sexual harassment?	Yes	The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The Criminal Law (Amendment) Act, 2013, Sec. 7(354A)
Is there legislation on sexual harassment in employment?	Yes	The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sec. 2(o)
Is there legislation on sexual harassment in education?	Yes	The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sec. 2(o)(ii)
Is there legislation on sexual harassment in public places?	No	No applicable provisions could be located
Are there criminal penalties for sexual harassment in employment?	Yes	The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sec. 26 The Criminal Law (Amendment) Act, 2013, Sec. 7(354A)
Are there civil remedies for sexual harassment in employment?	Yes	The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Sec. 15

CONTACT

1818 H Street NW
Washington, DC 20433
USA

wbl@worldbank.org

Chisako Fukuda
Media Inquiries

+1 (202) 473-9424

cfukuda@worldbankgroup.org

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