Introduction:
The contemporary trend and the revolutionary word “feminism”. Which has been through a lot of debates and arguments, in the process of understanding it’s meaning. It has a very precise and clear meaning describing feminism as a concept, claiming that men and women should be treated equally in the field of opportunities and they should have equal rights as a citizen of a democratic country. But with the growing arguments and mass opinions on the word “feminism”, the word has travelled so far that its basic meaning has taken a turn, and is identified as “man-hating” thereto. Feminism in its purest form is a revolution, which has the intention of enlightening people regarding gender equality and the degrading status of women in society. Moreover, it talks about the social, economic, and political equality of gender.
Feminism has been a part of society and multiple endeavours are made to accept and embrace it, as can be seen in the judicial decisions or political reservations and opportunities in public services. The society is accepting the hard-learned change. But is it enough?
To understand the progress, we will have to go back to history and evaluate the growth of women in society from the aspects of feminism.
Origin of Feminism
The origin of the term feminism can be traced back to France, when Hundurtine Auclert in her journal La Citoyenne, tried to criticized male domination and vouched for women rights in the 1880s. Then the word travelled to Britain in the 20th century. Feminism is originated from a Latin word called “Femina”. It’s concerned with the female being a social category.
Historical Scenario
Travelling to western history, the life of women was confined to household chores. In medieval Europe, women were not allowed to study or own any property. In many parts of Germany, the husbands had the right to sell their wife. Women had no right to vote, no right to hold a business without any male representative. Married women were not allowed to exercise their control over their kids, without taking permission from their husbands. They were barred from practicing any profession and not given access to education. Shifting our focus to India, feminism here was divided into three phases, the first phase was in the mid-19th century when the reformists started to speak in favour of rights of women, by reforming the education system and customs which required the involvement of women. The second phase was between 1915 to the independence of India, where women’s movements were incorporated into the quit India movement by Mahatma Gandhi. The third phase is post-independence, which focused on fair treatment women by the in-laws after marriage, in the profession and workplace, and participation in the political sphere.
Influence of Feminism in the Society
Previously the ancestral land was supposed to be maintained by the son, it was believed that he is going to protect the family name, which is recently changed by the ruling by the supreme court. Gender inequality is seen differently in different cultures, these differences arise from various aspects of biology, psychology, and cultural norms. The women who were not even allowed to vote are the lawful voters in the present scenario. But with the changing time the arrangements are changed and women have made their place in the society, be it in politics, be it at the grassroots level of politics i.e the Panchayati raj system. The reservation for women has provided the opportunity to put a step in the political scenario, or access to education, with the slogan which says “Beti Bachao Beti padhao”, it is a yojana by the government of India, to improve the efficiency and welfare of girls. Adding equal pay in the work, and protection from any harassment at workplace (The sexual harassment of women at workplace act 2013), Right to initiate divorce proceedings, right to own a property, A Harvard psychology professor also argued that feminism has also reduced domestic violence.
Has feminism empowered women?
Feminism has made women stronger and has given equal opportunities as men. Emma Watson came out with a statement in an interview with Reuters regarding one of her photos, she said: “It just always reveals to me how many misconceptions and what a misunderstanding there is about what feminism is.” She continued: “Feminism is about giving women choice. Feminism is not a stick with which to beat other women. It’s about freedom, it’s about liberation, it’s about equality. I don’t know what my tits have to do with it. It’s very confusing.”
Why does the word feminism face so much hate?
It is an assumption that the word feminism is associated with forceful and angry women, and men will lose out power, influence, control, and opportunities. It is also believed that feminists want to put the men down along with the time-honoured traditions.
Few Statutes Promoting Feminism
1. The Convention on the elimination of all forms of discrimination against women (CEDAW).
2. Part 3 of the constitution of India, under articles 14, 15, 16, and 21 lays down provisions to give an equal treatment of life and livelihood to both men and women.
3. Article 39 of the constitution of India, directs the state to provide equal pay for equal work for both men and women. The parliament has also enacted the equal remuneration act 1976.
4. 73rd constitutional amendment provided women with a special status to represent themselves in Indian politics.
5. The Dowry Prohibition act, 1961.
6. Protection of Women from Domestic violence Act, 2005.
Relevant Cases
1. Shayara Bano v. Union of India or The Triple talaq case:
Facts: A petitioner from Uttarakhand, Shayara Bano filed a petition challenging the practice of instant triple talaq and other practices such as talaq-e-biddat, polygamy, nikah halala, which violated article 14, 15, 21, 25 of the constitution of India. Talaq-e-biddat, such a practice gives man the right to divorce his wife, without her consent, by uttering talaq 3 times. And polygamy allowed the Muslim men to marry more than 1time.
Issue: The issue, in this case, was about the equal rights of the women.
Judgment: In this case triple talaq practice in the Mohammedan law was announced unconstitutional. And was held that the triple talaq violates the fundamental rights of Muslim women because it irrevocably ends the marriage, without giving women a say on it. Considering which the Muslim women (protection of rights on marriage) act, 2019 was passed by the parliament.
2. Indian young lawyers Association vs. State of Kerala or Sabrimala temple case:
Facts: Sabrimala temple which is located in Kerala, did not allow the women and girls of menstruating age (10-50 years) to enter into the temple. A plea was filed by the Indian young lawyer’s association in the supreme court to ensure the entry of female devotees in the Lord Ayyappa temple at Sabarimala temple.
Issues: Banning the entry of women of a certain age group in the temple in violation of the constitutional rights of women.
Judgment: The court, in this case, held that the women of all age groups should be allowed to enter the temple. The court ruled that such a practice violates the right of women to enter the temple and practice the Hindu religion freely.
3. Vinita Sharma v. Rakesh Sharma:
Facts: A Plea was filed by two sisters who claimed rights in the property of their father, which was denied to them on the reason of being born before the 2005 amendment of the Hindu succession act.
Issues: Whether the daughters whose father died before the amendment act of 2005 will have the coparcenary right in the property?
Judgment: The supreme court, in this case, held that the daughters will have equal coparcenary rights in Hindu undivided family properties. The court also held that the 2005 amendment will have a retrospective effect, which Granted equal rights to daughters to inherit ancestral property.
Conclusion
Feminism and society have always been in conflict from the ancient history, but with the passing time, the idea and practice are changing and society is accepting the change. The cases mentioned above are evidence of the changing views of society. Moreover, various statutes are being coded with the demands of society. What has to change is the misunderstanding of the term feminism. If the term will be understood positively and the limits of it, it has the potential of bringing a huge change in society and can minimize the difference between men and women.
References:
1. Shruti Mahajan, Daughters become equal coparceners at birth even if born prior to 2005 amendment to hindu succession act: supreme court, BAR AND BENCH ( Aug 23, 2020, 09:00PM), https://www.barandbench.com/news/litigation/supreme-court-daughter-equal-coparcener-amendment-hindu-succession-act.
2. Abraham Thomas, Hindu Daughter has equal right in property, says SC, HINDUSTAN TIMES, (Aug 23, 2020, 10:00 PM), https://www.hindustantimes.com/india-news/hindu-daughter-has-equal-right-in-property-says-sc/story-bn6Ho4gMpXD9O6kN30M4PI.html.
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