Women comprise of about one-half of the world’s population but are still treated as a second class citizen. Their representation in business, in politics, in education or any other socio-economic sector is not at par with that of men. Women are at the receiving end of domestic violence as well as sexual violence. Sexual abuse of women is common both inside as well as outside their homes as well as their workplace. They lack an equal participation in family decisions, are hardly property holders and are more or less dependent upon the male members of their families. Women, in developing and under developed nations lack proper access to medical and health care. Poor maternal care leads to maternal deaths as well as sex selection has given rise to a skewed sex ratio, which is unfavorable towards women.
Position of women in India through ages: In the ancient Indian society, women held a place of honor, having a say in the family affairs, getting education and going out as well as they could hold and dispose off their property. However, the position deteriorated in the times to come, reducing the women to the level of second class citizens bound inside the four walls of their homes. The Indian woman's position in the society further deteriorated during the medieval period when Sati among some communities, child marriages and a ban on widow remarriages became part of social life among some communities in India. The Muslim conquest in the Indian subcontinent brought the purdah practice in the Indian society. Among the Rajputs of Rajasthan, the Jauhar was practised. In some parts of India, the Devadasis or the temple women were sexually exploited. Polygamy was widely practiced especially among Hindu Kshatriya rulers. In many Muslim families, women were restricted to Zenana areas[1]. During the British period, various social reformers tried to improve the position of women in the society and various social legislations were passed to that effect. Post in dependence, the State enacted various laws to uplift the position of women in the country.
Position of women worldwide: Worldwide, women are subjected to domestic violence at some or the other stage of their marriage. They don’t get easy access to medical and health care, specially in the poorer Asian and African countries and also in America, the women of African origin are subject to discrimination. The position of women is far worse in countries where they are married off at an early age or where polygamy is rampant.
Rights of women under International law: The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 by the UN General Assembly and is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.
By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:
- to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
- to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
- to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises[2].
Rights of women under the Indian law:
Women and the Constitution of India: Part III of the Constitution of India deals with the fundamental rights. Articles 14 to 18 deal with the provisions of equality. The Constitution has also laid down some special privileges for women and children for bringing them at par with men. The provision of reservation is one such method of bringing about an equal or proportionate representation of women at various levels of public life, from primary to professional education, employment, getting benefits from government schemes as well as in being part of the law making body and running the country.
Part IV of the Constitution dealing with the directive principles of state policy also lays down certain guidelines for the State to implement for the benefit of women, like providing equal pay for equal work[3], creation of crèches and so on.
Rights of women under personal laws:
Hindu law: Women have an exclusive right over their stridhan and all gifts received at the time of marriage but they cannot claim right over agricultural property.
Muslim law: The proprietary share of a daughter is half of that of the son. Women, however, have a right over their dower and wives inherit from their husbands.
Rights of women under other Indian laws:
Under the Code of Criminal Procedure, 1973, Section 125 deals with the maintenance of divorced women.
Under the Indian Penal Code, 1870, some special privileges have been given to women, like they cannot be tried for adultery, even if they instigated it.
Under the Indian Evidence Act, there is a presumption of truth when a woman claims to be raped. Further, there is a presumption of dowry death, if the woman dies within 7 years of marriage.
Under the Indian Contract Act, special care is taken in cases of contracts made by a purdahnashin woman.
Labour laws[4]: The Maternity Benefit Act provides for the leave and special provisions for women during pregnancy and post birth of her child.
The Factories Act, 1948, prohibits the employment of women for cotton pressing, cleaning and lubricating machinery.
The Mines Act
Legislation to curb other social evils:
(1) Dowry prohibition Act
(2) Sati Act
(3) Domestic Violence Act
(4) Pre natal Diagnostic Act
(5) Sharda Act
Gender equality: World bodies have defined gender equality in terms of human rights, especially women's rights, and economic development. UNICEF defines gender equality as "leveling the playing field for girls and women by ensuring that all children have equal opportunity to develop their talents."
The United Nations Population Fund has declared that women have a right to equality. "Gender equity" is one of the goals of the United Nations Millennium Project, to end world poverty by 2015; the project claims, "Every single Goal is directly related to women's rights, and societies where women are not afforded equal rights as men can never achieve development in a sustainable manner."
Thus, promoting gender equality is seen as an encouragement to greater economic prosperity. For example, nations of the Arab world that deny equality of opportunity to women were warned in a 2008 United Nations-sponsored report that this disempowerment is a critical factor crippling these nations' return to the first rank of global leaders in commerce, learning and culture.
In 2010, the European Union opened the European Institute for Gender Equality (EIGE) in Vilnius, Lithuania to promote gender equality and to fight sex discrimination[5].
Role of judiciary in India in ensuring gender equality: The preamble to the Constitution of India speaks of equality and the judiciary being the guardian of the Constitution has clothed its various provisions with flesh and blood. When the Constitution has spoken of equality of sexes, the Supreme Court, has laid down guidelines to ensure that equality is there in practice. In Githa Hariharan[6], the Apex Court provided for the equality of sexes. In the case of Nargesh Meerza[7], equality in employment was ensured. By laying down guidelines to prevent the sexual harassment of working women[8], the court has ensured that there will be a safe work environment for them. In Shahbano’s case[9], the court tried to bring about equality in terms of maintenance for Muslim women, though that effort was overruled by the passing of the Muslim Women (Protection of Rights on Divorce) Act.
No comments:
Post a Comment