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STATUS OF WOMAN IN INDIAN SOCIETY : AN ANALYSIS - BY Sofia Kausar
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STATUS OF WOMAN IN INDIAN SOCIETY
: AN ANALYSIS
AUTHORED BY - SOFIA KAUSAR
Abstract
The man and women
born with different and they play different roles in the society but it
does not mean that the women always considered as weak , not having
decision making power , do not have
right to speak for their rights or say they have no right at all etc. The
discrimination on the basis of gender
is not only prevailing in our society but in the world also. Though our Constitution has given a lot of rights to
woman and man , we have many human rights and legal rights even then no right is given to the women. We need to
understand that though man and woman
born differently but they both play an important role in the society. Still the
woman are facing gender inequality ,
harassment, domestic violence etc. It all start from our houses only this is what we as a girl child face in our
own houses. We need to educate ourselves and treat both male and female as equal because both are equal and
have equal rights to live with dignity.
Keywords :- Inequality, Discrimination, Rights, Dignity
Introduction
The gods favour the family where the females are respected ;
unprofitable bend the showings (in the family) where they are
dishonoured. Where ladies are given place of regard, divine creatures are fulfilled and live there in
that family, anyway they purposely ignore each one of those verses that are overflowing with inclination, despise
and victimization ladies.2
India, a
country where woman is considered similar to Goddess laxmi or called morph of deity. But
at the same time woman is raped, forced to prostitute, people outraged her
modesty, facing gender discrimination
and gender injustice etc. A woman is created by God as same as that of man she has also rights as equal to man
but she is not treated equally, why? The answer of this question lies inside us, inside our mind and heart. In spite of having good education, living in
well society, well earnings etc. woman is still facing a lot of problems
both in family and society. In
India the condition of women is still worst.
She always
go through the pain she always faces discrimination
against her. The discrimination is done because this is what is taught to us in
our family, what we perceived in our
childhood is really matters, though we are living in 21st century and know each and everything from
Universe to deep inside the ocean but by mind we are stereotype because this is what we got from our stereotype
ancestors. People says that home is a first
school and mother is a first teacher,
1 Research Scholar RNB Global University, Bikaner
& Lecturer in law Villa College, Maldives
still a
woman is seems for sex pleasure and procreation of children. Boundaries are set for her and put lot of restrictions on her restrict
her to go outside where she
want, restrain her to take any decision in the family she cannot be a decision
maker in her family, she cannot do
job because the culture or the family is not allowing her, she is not treated
equally as other male members
of the family.
Historical Perspective
The condition of
women in Vedic period is much better than today? world. She has equal right as that of man. They were respected and
honoured. In vedic period the women
is considered as half of man.
According to Manu
(1:32) “ Having divided his body into two parts, He, the Lord (Brahman) became male by means of the (one) half,
and female by means of the other, and on the female he beget Viraj” . Lord Shiva consists of a body of two halves- one
is of male and the other is of female
and he is called “Ardhanareeshwar”.
Woman was considered more powerful than man and treated
as goddess of „Shakhti?. Thus, man and woman were inseparable. 3
In the Vedic
period, the education of woman was very important. According Atharvaveda “ the success
of woman in her married
life depends upon her proper training during the Brahmacharya”. Not only this even the women has choice to marry the man of her
choice which is called “swayamvar”. Polyandry was also prevailing in the vedic period.
But gradually the
position of women was declined in Indian society. During the British period the condition of women
was worst. They only confined in the four wall of the house. The practice
like Sati, Jauhar, child marriages, female infanticide was practiced in our
country. This shows that the
condition of women at the time of Britishers was very worst all her rights were violated. No doubt, steps were taken by
the Raja Ram Mohan Roy to abolish sati system In 1823, Lord Amherst had imposed a legal ban on burning of widows on
the funeral pyres of their dead husbands.
But, Lord William Bentick passed the significant law against sati in 1829. Lord Dalhousie also put an end to the female
infanticide which was prevailing in Punjab and human sacrifices in Orissa. 4
GENDER DISCRIMINATION
Discrimination
means when one or more than one person is excluded from enjoying the rights, benefits, privileges etc. over other(s)
person or persons. In India the women is discriminated on the ground of her sex. She always been the
victim of the malpractices which are happening in our society. She is not enjoying the equal rights as compared to male
members of the society. Her rights
are always been violated, she is not even be able to raise her voice against
the violation of her rights. In our
country the women are unaware of her rights they do not know how many and how many kinds of rights are given to her.
She is consider not equal but as second gender in the society as well as in
family.
2 Manusmriti shlok
3 Dr. S.R.Myneni,Indian history, third
edition,2015
Woman and Family
Home is a
place where a person feels protective, understands true meaning of love and affection but at the same time the family teaches us discrimination,
injustice etc. A woman is treated comparatively
less as to other male members of the family. Though the society is changing but still in large number of families this
practice is prevailing in our country. She cannot take the decision in the family, she cannot get
admitted in school and colleges because people think what a woman will attain after education after
all she will get married and maintain her family. Here the rights of woman are curtailed. A woman who saw her mother
treated unequally as to her father
and unequal treatment of hers as to her brother so what upbringing she will
give to her children? This woman unknowingly treating her
daughter and son unequally she
thought that this is the way how a
man and woman should be treated because this is what she learned in her family.
The position of woman in
her family is not elevated
she is still treated as second gender.
Women in India
are still exploited and abused. They are still regarded as inferior to men. The birth of a female child is considered a
curse in many parts of the country. Condition of women in villages is far worse. As they are not
aware about their rights and privileges, they have to depend on men. Even some highly educated women in
urban India cannot spend their earnings, as they like. Thus, in our traditional society, male dominance still
prevails. A husband has a far superior position
over his wife and all major decisions are taken by him without consulting her
or taking into consideration her
wishes and ambitions. This has created an imbalance and disharmony in many families5. This shows that still our society has not changed .
Women and Society
The women
is considered lower in status than man. Though the Indian society has changed a
lot from the vedic and medieval ages
but still the dominance of man over woman is still prevailing. Society in which we live is not accepting
a woman as equal to man. No matter whether the
society is educated or not but the practice of discrimination between
man and woman is still prevailing in
our society. Yes, we can say that the educated people are not believing in the discrimination on the basis of
gender but these people are very few if we look at large.
The practice like
Dowry system, Child marriages, female foeticide etc. are still practiced in
some parts of our country because
people do not want to give up their barbaric practices. They follow the customs or traditions without knowing
what is right and what is wrong. Society
seems women lower in strata. Whenever
wrong happens with the women all the members of the society pointing only women not male. Society
seems women as weak ,incapable , helpless that is why she do not get
opportunities.
4 Supra 2
LEGAL FRAMEWORK
IN INDIA REGARDING
RIGHTS OF WOMAN
Constitutional Law
Article 14 of
Indian Constitution says “ No state shall deny to any person equality before
law and equal protection of laws”
it means that the women and man all are equal in the eyes of law . All the persons of same class and in same
circumstances should be treated equally.
No woman should be treated
differently from other male members if they are in
same footing.
Article 15 says “ There shall
be no discrimination on the basis of religion, race, caste, sex or place of birth” this article clearly prohibited
any discrimination on any of the basis. A woman cannot be
discriminated on the basis that she is
a woman in any circumstances.
In a case Rajesh Kumar Gupta v. State of Uttar
Pradesh the court held that the reservation of 50% of posts in favour female candidates not arbitrary.6 Article 15 (3) says that state can make special provision for female and children
and that is not violative of Article 14 and 15 of the Indian Constitution. It is because to
upgrade the status of women in the society.
In another
case “Sexual harassment of working women amounts to violation of the rights
guaranteed by articles 14, 15 and 23.7
Article 16 mainly
create a constitutional right in equality of opportunity and employment in public offices. In
Government of Andhra Pradesh v. P.B.
Vijay Kumar case the court noted the purpose
of Article 15(3) to be the recognition of the fact that for centuries women
have been socially and economically
handicapped. As a result, women were incapable to participate in the socio-economic activities of the nation on
a footing of equality.8 That is why the Article 15(3) is added to eliminate all form of
discrimination and to upgrade the status of woman in the society any legislation can be passed. If there is
reservation for women then it cannot be said that it is the violation of Article 14 and 15
of Indian Constitution.
INDIAN PENAL
CODE
There are many provisions
for women in IPC like section 375 ,
376A,376 B , 376 C, 376 D, 498A which
protects the victim by punishing the culprit. After Nirbhaya case amendment
Act, 2013 was passed in which lot of
amendments were done relating to age of juvenile , other offences like Acid attack, stalking , Voyerism etc. were added
to give women more rights and protect
the women from every kind of crime. But still the women in our country is
facing many crimes day by day. The
victim is targeted because of her sex. It is part of the whole syndrome of discrimination and exploitation that upholds unequal
economic and social structures thriving
in an atmosphere to such discrimination.9
Even after
framing of laws for giving equal rights to woman as of man and framing laws for the
protection of woman still there are violation of her rights , she is
facing harassment in public places or in working
place, rape is still on rampant , domestic violence is also there so the
question arises how we can ensure the
rights which is given to the woman for its working? The answer lies within us ,
we need to educate ourselves , we
need to cease discrimination between man and woman. We cannot come over from this gender inequality until and unless we
change ourself.
PERSONAL LAWS
In personal
laws also there is discrimination of women regarding there rights. Before Hindu Marriage Act, 1955 a woman have no right to take divorce , she had no right in the
property also.
But after 1955 a
woman got the right to divorce , she has also right in the property of her
father and husband also.
In Muslim law
there was the concept of triple talaq which means talaq in one pronouncement which is purely discriminated in nature
where a woman left by her husband without taking into consideration her wish, her choice she left unheard .
This shows that
even the personal laws is doing discrimination with women in many aspects. Women is
facing many barbaric practices
done by the males over them
from centuries.
INTERNATIONAL CONVENTION ON DISCRIMINATION AGAINST
WOMEN
Convention on the Elimination of All Forms of
Discrimination Against Women-10
This optional
Protocol provides machinery for the implementation of the Convention. In the Convention the main thing focused is to
give equality to the women. There are 6 parts in the Convention and in all
parts women rights are focused . These
parts are as follows:-
Part I – (Article
1-6) focuses on non –discrimination , sex stereotypes and sex trafficking.
Part II –
(Articles 7-9) outlines women?s rights in the public sphere with an emphasis on
political life, representation and rights to nationality
Part III –
(10-14) describes the economic and social rights of women, particularly
focusing on education, employment and
health. It also includes special protections for rural women and the problems
they face.
Part IV
(Article 15- -16) outlines women?s rights to equality in marriage and family
life long with right to equality before the law.
Part V ( Article
17-22) establishes the Committee on the Elimination of Discrimination against women as
well as the states parties reporting procedure.
Part VI ( Articles
23-30) describes the effects of the Convention on other treaties,
the commitment of the
states parties and the administration
of the Convention.
There are
many works done to upgrade the status of women in the society both nationally
and internationally but still we need a lot of awareness programmes for women.
6 AIR 2005 SC 2540
7 Vishakha v. State of Rajasthan, AIR 1997 SC 3011
8 Ritu Gupta, “Sexual Harassment at work place”
, lexis Nexis,
2014 edition , pg 75
9 Ritu Gupta, “Sexual Harassment at work place”
, lexis Nexis, 2014 edition , pg 10
NATIONAL CRIME RECORDS BUREA
REPORT
According to the report, 3,78,277 cases of crime against
women were reported in the country, up from 3,59,849 in 2017. NCRB
data 2018: 1 rape reported every
15 minutes
in India.
It shows
how Indian society is lacking behind to upgrade the status of women. The crimes against women is rising from year to year. Uttar Pradesh is the top most state in list of crime
against women . As per report 3,59,849 cases of crime against
women were reported
in the country.
Cruelty by husband – 27.9%, Assault on women
with intent to Outrage her
Modesty -21.7%, Kidnapping& Abduction
20.5% and Rape
-7.0%. 11
It is said that
the law without the public opinion is nothing but a bundle of papers. The gap between the men and women cannot be
bridged by just enacting laws without any public support and opinion as social engineering laws are different from penal
laws which are just related to injuries
and punishment and are deterrent in nature but social engineering laws enacted
to uplift the norms of the society
and are progressive in nature and therefore it should be backed by the will of the people for whom it is enacted.
It is also be clear that centuries old practice can not be eliminated in one or two days it take much
time. And when laws are enacted to bring radical change in society
and are not backed by the will of the people or laws are ahead of public opinion then it has to face great
resistance and opposition from the conservative thinking of the society and they are like dead law, which
have no effect on society. To improve the status of the women in the society the need of the hour is that laws should be
enacted but they should be backed by
strong public . As it rightly said, by Wendell Phillips: Law is nothing unless
close behind it stands a warm living public opinion.12
CONCLUSION
Though the Indian Government has done a lot to upgrade the status of women in the society
there are so many laws for the women , there are many schemes for the
girl child and the women other than
this there are human rights, legal rights , constitutional rights are there but
still the women is facing
discrimination in the family and society. Still women is suffering from
domestic violence, gender
discrimination, molestation etc. because the society is not following the laws they are more much concerned about the
traditions and the teachings of their ancestors. They do not want to give up
that what they are following from ages.
Illiteracy is the main cause for the
discrimination against women but it is not wholly the only cause because there are people who are
illiterate but they send their daughters to the schools and want them not to become like them and on
other side there are people who are well educated and do discrimination against
female members of their family.
There are cases registered for domestic
violence by the women of well off family. In this way we cannot say that
illiteracy is the main cause of
discrimination. The Environment in which we are living is also the cause of what we are thinking because we behave more like what others are following.
So it may be one of the causes.
Lastly, that in India social engineering is needed to remove the discrimination on the basis of gender. Laws are not much
effective if we are not educated by mind. It is a high time to change the mindset regarding the women.
10 En.m.wikipedia.org
11 The Hindu, 22october,2019
Article Information
STATUS OF WOMAN IN INDIAN SOCIETY : AN ANALYSIS - BY Sofia Kausar
Authors: Sofia Kausar
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/10/29
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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