There is pain in being a woman, yes, but there is pride in it, too.
Mary Pauline Lowry
Introduction:
Earlier there was a time when people had a mentality that all women were hearth. Women were treated as a slave and were considered subordinate of men. Due to this women used to spend their entire lives acting as servants, feeding and taking care of their families. They were not given any share in the property or wealth. This kind pod suppression was present in various counties where evils like patriarchy, misogyny existed. Fortunately, after the efforts of various strong and thriving women, the situation became a lot better. Now man and women are considered as two wheels of the same carriage. Woman’s role is no more restricted to being a mother, daughter, wife or sister but they have excelled in various other fields and proved that they have equal and at times, more potential than being a man. Still the situation in various societies and counties that still disregard the idea of woman equality and woman rights needs to change with the help of laws, as well as a change in the moral parameters of society.
Essence of Women
This quote by Marry Pauline Lowry sums up what being a woman is all about. Back in the year 1997, Sushmita Sen was asked this question, “What is the essence of being a woman”? She replied Just being a woman is God’s gift. The origin of a child is a mother, a woman. She shows a man what sharing, caring, and loving is all about. That is the essence of a woman.”
This answer struck the judges and Sushmita Sen who was the youngest of all contestant won Miss Universe. Woman of today is nowhere behind the men. They are on equal footing and are giving tough competition to men worldwide from being industrialist, entrepreneur, fashion designers, actress, CEOs and whatnot. Various examples can be cited as to how strong woman has become.
So what is the essence of a woman?
The true essence of a woman is not the manifestation of curves and spunky figure, a woman in her true essence is full of energy, connected to her true self with the awareness that she is a goddess regardless of her size or body shape. There’s something undiscovered about womanhood; Intuition and femininity used properly jumbles the brain of any man.
The essence of a woman is not just her, trying the beauty products to maintain her but it’s the strength she had to face the world, to nurture the family. Her essence lied in being a mother, giving life to a child, and a world which has become more and more beautiful as it has loving and caring mothers in it. A woman bears huge among of pain because she gives birth to her child out of pain and endurance. A woman is glorified. She doesn’t aim to be as beautiful as her peace lies in her Gods.
Femineity is a beautiful aspect of a woman. Someone who is delicate enough at the same time, strong enough to bring life to earth. Real women believe in equality, in supporting both the genders, she doesn’t submit her life for a man as she is not a slave. Rather she helps a man to discover his purpose of life and thus supports him to ever thick and thin.
Equality for Women
In the first quarter of 19th centaury, various changes took place. There were laws regarding the abolition of Sati 1829, and probation of Female Infanticide etc., were the steps taken towards the liberation of women. Apart from various other things that were positive steps too like the introduction of education in English medium that acted as a gateway for the changing ideas regarding the Western liberalization and democracy, based on the ideals of individual freedom, liberty and secularism.
There were many people like Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, M.G. Ranade Dayanand Saraswati, Swami Vivekananda, Dr Anne Besant, Sister Nivedita played a key role in improving the situation of woman and targeted the social evils and aimed at liberating women by fighting against social evils like sati, purdah, child marriage, female infanticide, prevention of widow remarriage, decades system etc. Mahatma Gandhi also played a very important role in uplifting the role of woman in the Indian Society. Various men and woman from both rural and urban areas came foreword to join Mahatma Gandhi in the non-cooperation movement and Civil Disobedience Movement of 1930 in response to the call of Gandhi and faced police and prisons. Back in 1927 conference named all Indian Women Conference was formed that aimed towards equal status for the woman. From that phase till today, time and again with the help of legislature and efforts of our intellectuals, various laws were made so as a woman can be given their rights and the get the opportunity to grow and develop.
Laws for Women
Various laws like Child marriage Restraint Act, Hindu Women’s Right to Property, Widow Remarriage Act and several other laws regulating the fixation of working hours and working conditions were passed. This provided an opportunity for the women to participate in politics and several other fields. 8 The charter of the United Nations signed in San Francisco in 1945, was the first international agreement to proclaim gender equality as a fundamental human right. “Since then the organization has helped to create a historic legacy of internationally agreed strategies, standards and programmes and goals to advance the status of women worldwide” For the advancement of women, the plan of action has been on forefronts. As India emerged as a Sovereign Democratic Republic in 1950, it provided a strong judicial base to the status of women at par with men in the male-dominated society. The Indian Constitution that was formulated on 26th January 1950, aimed that every citizen of India, irrespective of gender will be given equal rights and status. Fundamental Rights that aimed for “equality of status and of opportunities and also enumerated the principles of the welfare state in its Directive principles, of state policy. The Part III of the constitution includes Articles 14, 15 and 16(2) 21, 23 39(a), 39(d), 39(e) etc. prescribe equal treatment for both men and women in all economic and social activities including educational and cultural activities.
The Directive principles as enumerated in part IV of the Indian Constitution provide the base for equality of women in India. Not only that, but The United Nations also came forward and emphasised on providing more opportunities to the woman and their upliftment was extremely important for a woman and the society India was a signatory for the 1967 declaration hence India aimed towards removing any such discrimination at all fields including the area of politics. Thus various laws were framed by the Indian Legislature like the Hindu Marriage, and Succession Act 1956, Right to inheritance Act, Hindu Women’s Right to Property Act 1973, Medical Termination of Pregnancy Act 1971, Dowry Prohibition Act, Family Court Act 1984 who not only aimed at equality but also providing equal legal status to a woman also. The passing of Muslim women’s protection of Rights and Divorced Act 1986 was a step in the direction of improving the status of Muslim women also. The year 1975 was adopted as the international women’s year.
Considering the current situation, the laws for woman equality and safely became more stringent. Various law was framed like EQUAL REMUNERATION ACT, 1976 where it was held that it was the duty of the employer to pay and that no discrimination should be, made on any grounds relating to matters of promotion, etc. In the famous case of Vishakha vs. State of Rajasthan, guidelines regarding the sexual harassment at the workplace were established.
CRIMINAL LAW (AMENDMENT) ACT, 2013
In the year 2013, an ordinance was made so as to make changes in the law which were suggested by the Verma Committee Report. As per the Minister of Law, Ashwani Kumar, 90 per cent of the suggestions given by the Verma Committee Report have been incorporated into the Ordinance which was passed by the Lok Sabha on 19 March 2013.21
Various new offences crept in the society and to tackle that various laws were made which dealt with the crimes like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code. As per the Section 326A which talks about Acid Attack, an imprisonment pf 10 years and LI will be given if a person does such offence apart from that he has to bear all medical expenses while an attempt for acid attack can land one in jail for not less than 5 years.
While on the other hand Section 354A deals with the Sexual harassment that includes acts such as the physical contact and advances involving unwelcome and explicit sexual overtures; or 4. A demand or request for sexual favours; or. Making sexually coloured remarks; or forcibly showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Section 354C- Voyeurism- In case of first conviction, imprisonment not less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Only protects women. By implication, women may prey voyeuristically upon men with impunity.
The prohibited action is defined thus: “Watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory, or the person is doing a sexual act that is not of a kind ordinarily done in public.” Section 354D- Stalking- Imprisonment not less than one year but which may extend to three years, and shall also be liable to fine Only protects women from being stalked by men. By implication, women may stalk men with impunity. The prohibited action is defined thus: “To follow a woman and contact or attempt to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitor the use by a woman of the internet, email or any other form of electronic communication.
Conclusion
The framers of our Constitution have sympathy towards the woman and they were well aware of the scenario that was there. But the question remains the same. Have women been able to enjoy the benefits provided by the constitution? The answer, unfortunately, is not encouraging. Various goals still need to be achieved. Issues relating to woman are still prevalent in orthodox society and family irrespective of where they are living, rural or urban. Crimes against women in the form of child marriages, rape, and dowry, the practice of Sati, trafficking of the girl child, protection, domestic violence, and sexual harassment are on the increase. Justice K. Ramaswamy has also stated: “Indian women have suffered and are suffering discrimination in silence. Self-sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, inequality, and discrimination.”
It is indeed ironical that when Indian mythology places women on a very high pedestal and they are worshipped and honoured: Goddess of learning is ‘Saraswati’, of wealth: ‘Laxmi’, of power: ‘Parvati’ and of energy or ‘Shakti’: ‘Durga’: we show no concern for her honour and her dignity. It is the need of the hour that such efforts should be made that ensures that woman is treated equally. Laws written in black and white are not enough to combat the evil. Not only that, the judges should ensure justice is given timely. A society that is socially awakened ensures women are treated alike. Awakening of the collective consciousness is the need of the day. It is the duty of every individual, state, government that woman of the society needs to be protected, respected and motivated to do better. Only then a country can progress socially and economically
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