Introduction:
Women, all over the world, have been disgraced in many ways, since the beginning of the time. Women are not accorded the same rights as their male counterparts; they are not considered capable enough to make decisions for themselves. To start with, in a family, a woman had no authority. They are confined to the four walls of the house where their duty was just cooking meals, cleaning the house, taking care of the children. To add to their woes women could not receive an inheritance. Education was a distant dream for a majority of women. Few women who managed to get an education and step out of the house faced discrimination in their work area as in agriculture, handicrafts were paid lesser than the men.
Thus, women lived a life of deprivation, discrimination, and bias.
Has the situation changed much today? Are women empowered- domestically, socially, and legally?
“The history of men’s opposition to women’s emancipation is more interesting perhaps than the story of the emancipation itself”’- Virginia Woolf, A Room of One’s Own
And before you jump the guns and think that this discrimination and exploitation is an issue peculiar to the developing world, think again.
But in the changed social setup, women power has been recognized to a great extent. They are playing a crucial role in the socio-economic development of the world. Yet, there is a long way to go before women achieve equal status with men and their worth is truly appreciated and rewarded.
Father of the Nation, Mahatma Gandhi (To the Women of India Young India, October 04, 1930) said:
“To call woman the weaker sex is a libel, it is man’s injustice to woman. If by strength is meant brute strength then, indeed the woman is less brute than man. If by strength is meant moral power, then woman is immeasurably man’s superior has she not greater intuition, is she not more self-sacrificing, has she not greater powers of endurance, has she not greater courage? Without her, man could not be. If non-violence is the law of our being, the future is with woman who can make a more effective appeal to the heart than man.”
Gender Justice
It is strident truth in India that women are ill-treated for ages in every society and the irony lies that people in India worship women as goddess of Shakti but is still maltreated with all the barbarity committed against her. They are seen as their asset or serf. Women are not only subjected to cruelty outside but also her dignity and pride are within four walls of the house. They are treated as toys for male’s sexual amusement and giving birth to his babies. Women’s are the real Dalits (downtrodden) of the society.
The two main reasons for the suffering of women’s is:
- Because of their gender
- Poverty
They have to depend on the men for a living and are deprived of economic resources.
Females are under the clutches of numerous evils act, from cradle to grave, such evil acts are discrimination, oppression, violence inside in the four walls of the house, and even at the workplace. The main cause of these evil practices with the women are:
- Lack of Education; illiteracy
- Stricture of Caste
- Economic Depression
- Religious Taboo
- Dearth of leadership qualities
Indian society prevails on the Patriarchy System, where women live at the clemency of men, who exercise absolute power over them. To mitigate the conditions of women in India, the Legislation came up with various Enactments:
- Abolition of Sati Practice (1829)
- Legalization of Widow Remarriage (1856)
- Bann on Female Feticide (1870)
- Child marriage Restraint Act (1929)
- Special Marriage Act (1954) and the Hindu Marriage Act (1955)
- In 1921, Madras Province declared Women’s Right to Vote
- Dowry Prohibition Act (1961)
- Criminal Law Amendment Act (1981)
Special Acts passed for Women’s:
- The Workmen Compensation Act (1921)
- The Factories Act (1948)
- The Minimum Wages Act (1948)
- The Maternity Benefits Act (1961)
- The Pension Act (1987)
Constitutional Provisions for Rights of Women
Article 14; Equality before the law, equal protection of law within the territory of India
Article 15 (1) & (3); No Discrimination of the citizens on the grounds of religion, caste, color, creed, sex, place of birth. & State to create special provisions for children and women.
Article 16; Equality of opportunity for all the citizens and they shall not be discriminated based on color, religion, caste, sex, place of birth.
Article 39 (a) & (e); Constitution to direct policy securing that citizens, women and men, equally, have the right to adequate means of livelihood. & Health and strength of workers, women and men, tender age of children are not abused and the citizens of India are not forced to economic necessity.
Article 51 (Ae); It will be the duty of every citizen to renounce derogatory practice to the dignity of women.
Indian Penal Code (1860), Indian Evidence Act (1872), and Code of Criminal Procedure (1973) have provisions for protection for women and security to them.
Government of India took an initiative for the protection of women from Domestic Violence Acts and came up with National Human Rights Commission (NHRC), State Human Rights Commission (SHRC), National Commission for Women (NCW).
International Conventions and Treaties which India is a signatory to:
- CEDAW; Convention on the Elimination of all form of Discrimination Against Women (1981)
- ICPD Program of Action; International Conference on Population and Development (1994)
- Beijing Platform for Action; (1995)
Gender Discrimination
Gender is a Social Contract
(Behaviors, Norms, Expectations, Roles for Women and Men are arbitrary in the society)
Women having limited access to mobility, assets, decisions-making
Uneven distribution of powers between Women and Men
Vulnerability to Women Section
Discrimination and Uneven treatment for education, inheritance, etc.
All forms of bigotry to maintain imbalance between Women and Men.
(Demeanor, Criterion, Prospects, Roles for Women and Men are arbitrary in the society)
Gender Bigotry to Gender Justice
The Supreme Court of India plays a decisive role to assure Gender Justice by not only vindicate laws to treat women favorably but also construe laws in a manner to extend complete protection to women.
Judgments have been given by the Hon’ble Supreme Court on giving equal opportunity to women’s, legal guardianship, sexual harassment prevention act at the workplace, triple talaq, etc.
Case Laws
C.B. Muthamma v. Union Of India[1]
In this case, the validity of the Indian Foreign Service Rule of 1961 was challenged on the basis that the female worker or employ has to submit a written permission from the Government of India before the solemnization of her marriage and after her marriage, women are required to resign from the service or employment. The Supreme Court stated that this rule is bigotry or discrimination against women employment and declared it as unconstitutional. It made it clear, that it does not mean to misconstrue that men and women are equal in business or occupation and do not ostracize the need to appear where the requirements of particular work, the eccentricity of the societal sectors. The court stated to save where the differentiation is exhibited, to govern equality.
AIR India v. Nargesh Mirza[2]
In this case, the Hon’ble Supreme Court declared invalidated provisions of rules which stipulated completion or termination of service of an Air Hostess on her first pregnancy and held that it is loathsome and arbitrary to any civilized society.
Pratibha Rani v. Suraj Kumar[3]
In this case, Supreme Court held that the married women have control over her Stridhan Property and should be kept in her custody, even if she is living with her husband and using the assets or property of Dowry jointly does not affect her right of ownership over them.
Gita Hariharan v. Reserve Bank of India[4]
Section 06 of the Hindu Minority and Guardianship Act (1956) was interpreted or explained by the Hon’ble Supreme Court of India as the mother could act as the natural guardian of a minor even in the lifetime of Father when the father is not performing his affairs towards the minor.
Vishaka and Ors. v. State of Rajasthan and Ors. [5]
The Hon’ble Supreme Court stated that sexual harassment of women at workplace leads to violation of Article 14 of the Indian constitution that states; equality before the law, Article 15 of the Indian Constitution that states; gender equality and lastly Article 21 of the Indian Constitution that states; Right to life and liberty. Further, it was intended by the court that there are no laws for sexual harassment of women at the workplace so Indian Legislation will work through International Norms and issued certain guidelines to the institutions until the laws are enacted by the legislation on Sexual harassment of women at Workplace.
P. Geetha v. Kerala Livestock Development Board[6]
The petitioner who was childless and had a baby through the process of Surrogacy. She applied for maternity leave to take care of the baby but was denied stating that she did not undergo pregnancy or gave birth to a child. The court held that there should no discrimination to the women based on maternity, even though the child is born through surrogacy and hence the right of benefit was extended to the women.
Vinod Soni v. Union of India[7]
In this case Pre-Conception and Pre-natal Diagnostic Techniques Act, 1994 was challenged on the grounds for violation of Article 21 of the Constitution of India, where the petitioner stated that they should include the liberty of the parents to have right to select the sex of the baby. The High Court held that; the right to bring a future baby into existence based on the selection of sex is not a right, right of personal liberty as per Article 21 does not include liberty of choosing the sex of a baby whether preconception or post conception.
Vijay Sharma v. Union of India[8]
The writ petition was filed where it challenged the Constitutional validity of Pre- Conception and Pre-natal Diagnostic Techniques Act that it violates Article 14 of the Constitution of India. In this case, the petitioner stated that they should be given the right to select the sex of any one of the babies. The High Court held that; Selection of sex of the baby is against the law and constitution of India, it imitates the dignity of women’s and sabotage their importance, it mocks and snub the womanhood.
Dr. Mangla Dogra and Ors. v. Anil Kumar Malhotra and Ors.[9]
In this case, the case was filed by the husband against the wife, her parents, brother, and doctor for causing mental pain, agony, and harassment for recovery of Rs.30 Lacs. He stated that they all conducted a medical termination of pregnancy of her wife and that too illegally.
The High Court dismissed the petition and stated that termination of pregnancy was the sole prerequisite of women under section 3(4)(b) of THE MEDICAL TERMINATION OF PREGNANCY 1971, that an adult woman had an unimpeachable right to give birth to a baby or terminate the pregnancy.
Mohamad Ahad Khan v. Shah Bano Begum[10]
Through this case, The Muslim Women (Protection of rights on Divorce) Act was passed in 1986. The Supreme Court, in this case, granted Muslim women maintenance under section 125 of the Code of Criminal Procedure.
Shamima Farooqi v. Shahid Khan[11]
In this case, it was held by the Hon’ble Supreme Court that Muslim women will get maintenance even after the Iddat period is over.
Sakshi v. Union of India[12]
It was held by the Supreme Court to conduct the trial in gender-sensitive matters such as in the case of Child Sex Abuse and Child Rape.
R.D Upadhya v. State of Andhra Pradesh[13]
The Supreme Court directed to issue guidelines for the women and children prisoners.
Conclusion
Even after having so many acts dealing with women’s and Courts delivering judgments, they still face some atrocities and are ill-treated in society. It clearly shows how the judiciary has failed to give respect to women. The father of the Nation, Mahatma Gandhi wanted to reform the society, and to achieve this they used law as a source to keep a check on Gender Discrimination but failed to achieve this goal because of the unfavorable conditions and the patriarchal system.
Women still suffer many evil practices such as child marriage, bigamy, dowry death, rape, molestation, cruelty. They are being treated as an asset or commodity of the man. The wide between woman and man will not be reduced by enacting laws but through the public opinions and decisions. To improve the conditions of the women in society it is important to have strong public support and opinion as long as people with conservative thinking deep-rooted in society, we will fail to give equality to women.
References:
[1] AIR 1979, 1868, 1980 SCR (1) 668
[2] AIR (1981) SCR (1) 438
[3] AIR (1985) SC 628
[4] AIR (1999) SCC 228
[5] AIR (1997)
[6] 2014
[7] 2005 BOM 3408
[8] AIR (2008) BOM 29
[9] 2011
[10] (1985) SCR (3) 844
[11] 2015
[12] AIR (2004) SC 3566
[13] AIR (2006) SC 1946
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