Introduction:
“The divine are extremely happy where women are respected;
Where they are not, all actions are fruitless.”
This is the translated version of the shloka from Manusmriti. People in India are very well versed with this quote and therefore women here are worshipped in various forms such as Durga, Mahalaxmi, Saraswati etc. Indian Constitution also mentions of equality in its preamble and fundamental rights. But the position of a woman in India and the position of women in Indian laws is really very contrasting.
Position of Women in India
Social Position of Women in India
Women in India, in this 21st century, are still deprived of their basic social rights. Barring some urban and educated families, she is not respected by her male counterparts. Female birth is also not celebrated but on the other hand, male birth is celebrated with great enthusiasm. The situation in some families is even worse; there the birth of a girl child is considered a bad omen which sometimes leads to female infanticide and foeticide. Male roles like father, husband and brother still dominate over the female roles like daughter, wife and sister.
This dominant patriarch model still persists in many families. Due to this supremacy, females have not become equal to their male counterparts despite the reason that they are well-educated (in some cases more educated than their male counterparts).
Position of Women in India in Professional Life
In professional life also a woman has to suffer. For the same job, a male employee is paid higher than the female employee. Until a few years back, there were positions like posts in the army which were actually not meant for women. There are many examples in this sphere. For example, supercop Kiran Bedi was surpassed by a man who was two years junior to her.[1] IAS officer Reva Nayyar was not appointed as a cabinet secretary because she was a female and for similar reasons, IFS officer Veena Sikri was also not appointed as the foreign secretary.[2]
The best example is set by the villages where the majority of Indians reside. Theoretically, a woman is worshipped and is considered equal to goddess but practically she is equated to drudge. Still, there is a huge inferiority complex between men and women and so far since independence nothing has changed.
Position of Women in Indian Law
Position of Women in Indian Constitution
Indian Constitution in Article 14 treats everyone equal before the law irrespective of the race, caste, colour, gender or any other basis. Ever since the dawn of independence, Indian Laws have been trying to treat everyone equal. This is evident from the way the Indian Constitution was brought in force. For example, on 26 January 1950, each man and woman above the age of 21 (later decreased to 18) got their voting rights.
Both men and women got their rights together. Unlike many other countries, Indian women need not demand their fundamental and legal rights. They got those rights along with their male counterparts. Constantly Indian law is trying to make men and women more equal than ever before. For example, recently in the case Joseph Shine v. Union of India[3], adultery in Section 497 of Indian Penal Code, 1860 was decriminalised because it was realised that the law considers husband as a sole master.
Position of Women in Parliamentary Legislation
Legally women are getting their rights equal to men and in some cases even more than men. There are instances in Indian Law where women have rights more than men. For example, Indian Penal Code mentions of rape of a woman. It is considered that only women can be sexually assaulted by males and not vice-versa. Women have received the protection against sexual violence but the men still remain unprotected from such kind of violence. Hence, in this case, women do have dominance.
Another example that can be stated is that of the Domestic Violence Act, 2005. This act has been brought in force to protect women from domestic violence. The complete name of the act “Protection of Women from Domestic Violence Act, 2005” itself suggests that it is just to protect women from the violence and directly or indirectly it mentions that males cannot undergo the problem of domestic violence. Absence of any legislation in the favour of males with regards to this problem makes it more probable. Domestic Violence Act protects women from issues like forced marriage, forced pregnancy, forced abortion, honour killing, infanticide, matricide, sororicide, uxoricide etc. Some of the issues faced among these can be faced by men also. Presence of legislation may save the lives of women but the absence of legislation for men may ruin their lives as well.
Similarly, the Dowry Prohibition Act, 1961 and the Sexual Harassment of Women at Workplace Act, 2013 etc are women-specific laws. The Dowry Prohibition Act, 1961 was formulated to protect the women from unnecessary acts of the in-laws demanding dowry at the time of marriage. But this legislation is now misused to tackle them or to get rid of them or even sometimes to harass them. After the marriage, although the female is protected by the laws but at the same time, males are not shielded from such harms to themselves and their families.
Similarly, there ought to be legislation for males also which would protect them from Sexual Harassment at Workplace. Vishakha guidelines formulated by the Supreme Court in Vishakha v. State of Rajasthan[4] were meant for the protection of women from sexual harassment at the workplace but it is a hidden assumption that males will and can never be sexually harassed by the females at their workplaces. If at all males are also harassed then which law would protect them from such persecution nor there any guidelines to help them out.
Similarly, there are many examples which can be stated in this regard and therefore it can easily be stated that a lot has changed since India got independence. Women legally have become equal to men and if there are any faults in the law then those flaws are being rectified to bring equality to both men and women.
Conclusion
After viewing the developments in the position of women in India and its laws, one thing is evident that though sociologically women might not have progressed but legally they have reached far ahead than they were approximately 75 years ago.
Considering the legal scenario, they have reached so far that they sometimes irresponsibly misuse the legal protection that they have. They misappropriate the rights by sometimes falsely accusing someone of sexual assault, voyeurism, falsely accusing their in-laws of dowry and domestic violence etc. for fulfilling their motive. Women throughout the world have got such rights after a long battle with the global governments but the way today they are being used is really very disgraceful. It is so scandalous that it would not be wrong to state that these are the sad days when women do not respect their rights and use them irresponsibly to be either revengeful to someone or to fulfil their ambitions. The situation currently in the society is that today even men want protection from women so that they do not charge them with false accusations. Viewing the conditions, it can be easily stated that men are less equal to women in Indian Constitution.
On the other hand, looking at the sociological scenario, women still are deprived of their social rights. They are still considered backward and subordinate to their male counterparts. Women, particularly in rural India need permissions from their husbands, fathers and brothers to perform any of the jobs. Globally women are paid lesser than men for the same kind of work. Equal pay for equal work is just a quote which is used whenever it feels like there is a need for it to solve an existing problem. Observing this, it is not wrong to say that women are seriously denied their freedom.
Both situations are contrasting in nature. The condition is that both males and females need protection from each other. It is necessary that both of them feel free to do things without any fear of unjust legal prosecution.
References:
[1] Puja Mondal, Women: Essay on the position of Women in India, Your Article Library (July 28, 2020), https://www.yourarticlelibrary.com/essay/women-essay-on-the-position-of-women-in-india/31314
[2] Puja Mondal, Women: Essay on the position of Women in India, Your Article Library (July 28, 2020), https://www.yourarticlelibrary.com/essay/women-essay-on-the-position-of-women-in-india/31314
[3] Joseph Shine v. Union of India, (2018) 3, SCC 39
[4] Vishkaha v. State of Rajasthan, AIR 1997 SC. 3011
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