WOMENS RIGHTS AS HUMAN RIGHTS IN CONTEMPORARY ERA: AN INDIAN APPROACH BY - ASWATHI SUKUMARAN
WOMEN'S RIGHTS AS HUMAN RIGHTS IN
CONTEMPORARY ERA: AN INDIAN APPROACH
AUTHORED BY - ASWATHI SUKUMARAN
ABSTRACT
Human rights and the status of women
today are major issues that demand attention. Our culture is defined by a
strong emphasis on human rights. Human rights are the basic freedoms and
protections that everyone needs to live a dignified existence. These are the
rights that every person on Earth has, regardless of their race, gender, sexual
orientation, nationality, or any other identifying factor. The author aims to
bring attention to issues related to human rights and women in this piece.
Indian law mandates gender parity and
includes positive discrimination provisions in its Constitution. While women’s
human rights are being discussed in India, there is a significant gap between
the two. In India, women frequently experience bias and unfair treatment. As
the number of crimes committed against women in India continues to rise, it is
clear that women’s rights are being violated in some form or another. The
violations of women’s human rights cannot be overlooked by a civilised society.
It must have strict measures in place to stop these kinds of infractions from
happening and to punish those who do. Therefore, the purpose of this article is
to investigate the status of Indian women in terms of their basic civil
liberties. The evolution of women’s rights and social standing in India is also
documented. The purpose of this article is to analyse the various legal
provisions, constitutional provisions, and International Conventions for the
protection of women’s rights, and to discuss the challenges women face in
exercising those rights.
Some judicial interpretations are
explained in this article. It’s important to remember that we already have
enough laws in place; what we really need to do is raise consciousness and put
them into effect. The article ends with a set of recommendations for how to
better protect and expand women’s rights in India.
Key Words: Women Rights, Human Rights,
Gender Equality, India
INTRODUCTION
Yatra
Naryastu Pujyante Ramante Tatra Devata
Yatraitaastu
Na Pujyante Sarvaastatrafalaah Kriyaah[1]
The
time has come to focus specifically on women’s human rights, both in India and
elsewhere around the globe. When we talk about human rights, we’re referring to
the rights that we, as humans, are all entitled to. All people everywhere are
entitled to these protections as a matter of basic decency. It’s a right that
comes from God and can’t be taken away. Thus, human rights are the fundamental
liberties and protections that are the natural right of every person on Earth.
Access
to life, liberty, equality, food, shelter, work, leisure, education, political
participation, and an even distribution of power are all fundamental human
rights that should be afforded to all members of society, regardless of gender.
Women make up nearly half of India’s population, but every day we hear about
new ways in which their human rights are being violated. Women are essential to
the well-being of our society[2].
Throughout their lives, women take on many roles, from breadwinner to
caretaker, mother to wife to daughter to friend. Although women contribute just
as much as men do to a country’s progress, they are held back from reaching
their full potential by a number of obstacles[3].
However,
discrimination based on gender, and specifically discrimination against women,
has emerged as the greatest challenge to and obstacle to the full realisation
of women’s human rights. It’s important to remember that our country will
flourish only if women are shielded from the ongoing struggles and violations
of their human rights.[4]
Equal rights for women should be priority number one. True to what Swami
Vivekanand said, “Just as a bird cannot fly with one wing only, a nation cannot
march forward if the women are left behind.”[5]
Equal
pay for equal work, freedom from discrimination in the workplace, education,
personal freedom, political participation, property ownership, employment
opportunities, freedom of profession selection, financial security, health
care, etc. Some of the widespread violations of women’s human rights are
briefly discussed in this paper.
Disregard
for Equal Treatment
Equal
protection under the law is a guarantee of the Constitution. Article 14 states,
“The State shall not deny to any person within the territory of India equality
before law or the equal protection of laws.” It is widely agreed that equality
before the law is the most fundamental postulate of republicanism.[6]
While
the phrase “equality before the law” can be seen as somewhat negative, since it
implies that no special privilege is afforded to any particular individuals,
the expression “equal protection of the law” is more positively construed,
since it ensures that all individuals are treated equally under the law.[7]
However,
in India, men are consistently favoured over women because of the country’s
traditional gender roles.
Gender
Discrimination
One of
the cornerstones of India’s constitution is the abolition of gender-based
discrimination. As a matter of fact, the constitution authorises the state to
adopt discrimination in favour of women as a means of offsetting the
accumulated bias and devaluation women experience.[8]
Gender
equality is still far away for women in our patriarchal society, which is
characterised by exclusive male dominance through male control of female
sexuality, fertility, mobility, and productivity. Human rights are not a domain
of man alone; they cover the entire mankind, and the constitution and the laws
also make provisions for the protection of rights equally to both men and women[9].
Discrimination against the girl child
starts the moment she enters into the mother’s womb.[10]
The violence
against girls starts on the day a girl is conceived and continues throughout
her life, until she is pregnant, old, and destitute[11].
Since birth, and more recently even before birth, the child has been exposed to
gender differences through sex determination tests that result in female
infanticide and foeticide[12].
The practise of infanticide, foeticide, sex-selective abortion, which has
become widespread due to amniocentesis technology, and undernutrition among
girl children are all examples of how low women’s status is[13]. Thus, the very important right to
life is denied to women.
Violation of Right to Education
One of the most significant human
rights is the right to an education. While comparing the right to education for
women and men in India, it is comparatively underwhelming. Girls are raised primarily
in rural areas to believe that their only roles are that of wives and mothers.
Due to poverty, old age, ethnicity, etc., girls and women face numerous
obstacles. In order to combat poverty, lessen inequality, and promote economic
growth, basic education is essential[14].
Despite the rise in literacy rates after independence, there is still a
significant gap between men and women’s literacy levels[15].
In actuality, women’s illiteracy
prevents them from even knowing their fundamental human rights. Education from
6 to 14 years old is now considered a fundamental right within the meaning of
Part III of the Constitution thanks to Article 21 A, which was added to the
constitution as part of the 86th Amendment Act of 2002.
Violation of Political Right
Women had equal political rights and
participated equally in the freedom struggle, allowing them to effectively
administer the country. Since they’re underrepresented in politics, it doesn’t
matter. Parliament and provincial legislation are underrepresented, hindering
their ability to influence government initiatives and policies on women’s
welfare and development[16].
Their Lok Sabha representation is
below 10%. Thus, it is clear that: a) Indian politics is dominated by men, and
almost all parties support 33% reservation of seats for women in Parliament and
Provincial Legislation but do not support women in elections. b) Women have
attempted political participation but have been rejected[17].
Illiteracy, political apathy, physical violence, and economic dependence
prevent women from participating in politics.
Violation of Right to Property
Indian women face property
violations. Women may not own property or receive parental property. Women face
land and property access discrimination. Women became absolute property owners
after the Indian Succession Act 1925. Land and property laws discriminate
against women[18]. Though
women have inheritance rights, they are still treated unequally. The landmark
case Mary Roy V Union[19]
of India established women’s property inheritance rights.
Violation of Right to Health
All people have equal access to
health care and services when they need them. Health encompasses physical,
mental, and social well-being[20].
Women need more healthcare than men. Women are low-status in India, where half
the population is female. It shows that devaluing women often denies their
health rights, including information, nutrition, and family planning. Children
are malnourished due to female infertility. Female children are more
malnourished than male children due to intrafamily food allocation differences[21].
Girls’ medication is also cheaper for families. In most rural areas, women are
only valued for their childbearing ability.
Violation of Right to Equal
Opportunity for Employment
In the field of industrial law, women
have been given a distinct position due to the fact that their physical and
mental characteristics are distinct from those of men[22].
The preamble of our constitution states that it seeks social, economic, and
political justice and equality of status and opportunity for all citizens.
Current technology automates specific manual labour. As manual labourers, women
lose their jobs due to new technologies. Studies have shown that technological
change has eliminated many jobs traditionally performed by women and has not
created alternative job opportunities at the same rate as men[23].
Violation of Right to get Equal Wages
for Equal Work
Women have a unique challenge to
overcome in the field of employment, and that challenge is discrimination and
pay disparity, both of which are a direct result of their biological function
of bearing children[24].
The legislature outlined the scope of
the issue, which ultimately resulted in the passage of the Equal Remuneration
Act in 1976. The Equal Remuneration Act of 1976 was enacted in order to prevent
discrimination against women in employment on the basis of sex and to ensure
that male and female workers are paid equally for their labour. Additionally,
the act was designed to ensure that male and female workers receive equal remuneration.
This article provides a further look
at a brief period in the history of women’s rights and the status of women in
India during the Vedic period, the Post Vedic period, the Medieval period, the
British period, and the Contemporary period.
Position of women in Vedic period
Vedic women were free and equal. It
was the era of women. Women participated like men. Gurukuls provided equal
Vedic education. Higher-class girls could undergo Upanayana[25].
They excelled in music, dance, and war. Upanishads called wives husbands’
companions.
The Rigveda blesses the wife to rule
her husband’s household. Vedic word “Dampati” emphasises wife-husband unity.
Men and women shared religious and other duties. Dharma and prosperity stem
from the wife in Mahabharata. Only married men could perform religious duties.
Thus, like Western women, Indian women had liberty, equality, and cooperation.
Position of women in post-Vedic period
Manu’s Manusmriti restrictions on
women’s rights and privileges hurt their status after the Vedic period. Human
authority soared. The father considered a girl child a disaster. Girls were
denied education and neglected. Women were barred from upanayana, the Vedic
study initiation ceremony.[26]
The marriageable age of girls was lowered to 9 or 10 years, which ended women’s
education and started pre-puberty marriages.
Manu’s Manusmriti said women should
never be independent. She is supervised by her father, her husband, and her son
as a daughter, wife, and widow. Women were granted Stridhana [27]property
despite social and cultural subordination.
Position of women in Medieval period
Alexander and Hun invasions of India
further degraded women. Education and training were denied. Invaders restricted
women’s movement and community participation. Women were veiled due to invading
armies. Women were property. Sati, child marriage, and female infanticide
emerged. Dowry’s evil spread. Polygamy and devadasi existed. Medieval
patriarchs oppressed women[28].
Position of women in the British period
British
education and Western influence changed Indian society’s attitude and
lifestyle. The 19th-century social reform movement and 20th-century nationalist
movement occurred during this time. Both movements addressed gender equality.
Social reformers focused on sati, widow abuse, widow remarriage bans, polygamy,
child marriage, property rights, and women’s education. Famous social reformers
like Raja Ram Mohan Roy, Ishwar Chandra Vidya Sagar, M.G Ranade, and Aurbindo
spoke out against injustice. Swamy Dayananda Saraswati, Swami Vivekananda, and
Annie Besant wanted to revive the ideal Vedic society for women.[29]
Nationalist politics attracted women.
It also empowered women. The 1927 founding of the All-India Women’s Conference
was pivotal in women’s equality. Gandhiji denounced child marriage, widow
remarriage, temple prostitution, and purdah.
Social evils were addressed by many
laws. Child Marriage Restraint Act 1929, Hindu Women’s Right to Property Act.
After independence, the Constitution
enshrining equality, liberty, and social justice was India’s most significant
event. The state protected women from exploitation and provided social justice.
Women are subordinate in India.
Although the constitution guarantees gender equality and non-discrimination,
Indian society still degrades women. India’s constitutional dream of gender
equality is far from reality, despite efforts to improve women’s status.
Major issues and legislations in
India
The State has passed laws to ensure
equal rights, combat social discrimination, violence, and atrocities, and
support working women to uphold the Constitutional mandate[30].
This article examines women’s human rights issues and India’s legislation. This
article discusses sati, rape, dowry deaths, prostitution, female foeticide,
workplace sex harassment, domestic violence, indecent representation, outraging
women’s modesty, termination of pregnancy, and acid attack. These crimes harm
women physically and psychologically.
Sati
Sati was the Hindu practise of
burning widows alive on their husbands’ funeral pyres. The widow was supposed
to consent, but it was sometimes forced in India. In 1986, Rajasthani bride
Roop Kanwar was burned on her husband’s pyre, reigniting the debate on sati[31].
The Commission of Sati Prevention Act 1987 outlawed the evil practise of sati.
Criminals received capital punishment and life imprisonment.
Rape
Rape is a horrendous crime against
women. Sexually assaulting women without their consent is a crime. Chapter XV1
of the Indian Penal Code 1860 covers rape offences from Section 375 to 376 E.
The Delhi gang rape led to the Criminal Law Amendment Act 2013. The Criminal
Law Amendment Act 2013 added new anti-sexual abuse provisions.
Dowry Death
The most pious rule associated with
Hindu marriage is Kanyadaan which literally mean the gift of virgin[32].
The underlying philosophy that guided the practise of dowry was the notion that
it was a form of pre-mortem inheritance for the girl from her wealthy parents[33].
Dowry homicide is a crime in its own right, and it occurs when the elimination
of the daughter-in-law becomes an immediate necessity. This occurs when the
daughter-in-law or her parents are unable to satiate the avarice and greed of
the daughter-in-husband law and his family members in order to make the boy
available in the money market once more[34].
Dowry-related fatalities are the subject of the Indian Penal Code’s Section
304B. The Dowry Prohibition Act of 1961 addresses all of the various issues
that are associated with dowries.
Prostitution
In a complex social system where
parents and relatives force girls into prostitution, prostitution is a
necessary evil. Their own people sell young girls to brothels. Most sex trade
is caused by poverty, religion, and greed. Article 23 of our Constitution
prohibits trafficking and exploitation. It sought to end human trafficking,
including prostitution and beggary. The 1956 Immoral Traffic (Prevention) Act
outlawed the commercial trafficking of women, men, and children for
prostitution.
Domestic
Violence
Domestic violence is a
human rights issue, and understanding its causes is crucial[35].
Violence violates another’s autonomy and identity[36].
The 2005 Protection of Women from Domestic Violence Act prevented women from
being excluded from their homes.
Female
Foeticide
Blindly killing female foetuses has
put the male-female ratio in danger[37].
The Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex
Selection) Act 1994 regulates the use of prenatal diagnostic techniques for
detecting genetic or metabolic disorders, chromosomal abnormalities, certain
congenital malformations, or sex-linked disorders, and for preventing and
misusing such techniques for prenatal sex determination leading to female
foeticide.
Sexual
harassment at workplaces
Sexual harassment at work is a major
violation of women’s rights, gender inequality, and injustice. It violates
women’s basic rights, including equality under articles 14 and 15 of the Indian
constitution and life and dignity under article 21. The Sexual Harassment of
Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 builds on
the Vishakha Guidelines and preserves their spirit[38].
It includes clients, customers, and domestic workers as “aggrieved women” regardless
of age or employment status. It redefines “workplace” to include all types of
organisations across sectors, including telecommuting workplaces and places
where employees work[39].
Section 354A of the Indian Penal Code 1860 defines and punishes sextual harassment.
Indecent
Representation,
Obscenity provisions in the Indian
Penal Code 1860, Section 292 to 294, depict women in a respectful and beautiful
manner. They have suffered indecent, vulgar, and obscene depictions on both
sides[40].
Parliament passed the Indecent Representation of Women (Prohibition)Act 1986.
The act banned indecent depictions of women in advertisements, publications,
writings, paintings, figures, and other media.
Outraging the Modesty of Women
Females are born modest. This
mischief includes any act done to or in front of a woman that suggests sex
according to human standards. Indian Penal Code Section 354 covers Outraging
Women’s Modesty.
Termination
of Pregnancy
In patriarchal India, families want a
son[41].
India has a history of killing girls. Scientific technologies were developed to
diagnose the foetus’s condition and sex. The Medical Termination of Pregnancy
Act 1971 allows registered medical practitioners to terminate pregnancies that
pose a life-threatening risk to pregnant women. Indian Penal Code Section
312-318 covers causing miscarriage with or without consent.
Acid
Attack
Acid or corrosive substances are
deliberately applied to another’s body. Sulfuric, hydrofluoric, and phosphoric
acids are commonly used. Attackers target the head and face to maim, disfigure,
torture, blind, and kill. Most victims are women and children. Attackers target
the head and face to maim, disfigure, torture, blind, and kill[42].
Most victims are women and children. Attackers target the head and face to
maim, disfigure, torture, blind, and kill. Most acid attack cases are filed
under IPC sections 320, 322, 325, 326A, and 326B for grievous hurt[43].
Numerous laws addressed marriage,
succession, and divorce. Maternity benefit, ban on dangerous work, and creche
for working women’s children were also passed. Despite several laws, the rate
of women’s human rights violations has not decreased.
Constitutional
provisions
Indian law protects
women. The constitution has many pro- and anti-women provisions that promote
gender justice. Women have equal rights to men and sometimes receive special
provisions[44].
The Constitution’s
Preamble seeks social, economic, and political justice for all and equal status
and opportunity. This goal ensures gender equality in status and opportunity.
Part III of the constitution’s fundamental rights, from Article 12 to 35,
guarantees these rights to all citizens, with special protections for women.
Article 15 of the constitution lists a specific application of Article 14.
Article 15 of the
Constitution prohibits sex discrimination in addition to religion, race, caste,
and birthplace. Article 15(3) allows the state to make special provisions for
women and children. Their nature necessitates special treatment. The Supreme
Court upheld certain Punjab University calendar rules that reserved principal
and teacher positions in lady’s colleges for women in Vijay Lakshmi vs Punjab
University[45], citing
Article 15(3)’s principles of protective discrimination in favour of women.
Article 16 of the
Constitution guarantees all citizens equal opportunity for employment and state
office. In Govt of A.P Vs Vijay Kumar[46],
it was held that Articles 15(1) and 15(3) go together, so Article 15(3)
protection applies to state employment under Article 16(1) and (2). Article 23
prohibits human trafficking. Vishal Jeet vs. Union of India[47]
involved human trafficking and devadasi. The Suppression of Immoral Traffic
Act, 1956, later renamed the Immoral Traffic(Prevention) Act 1956, outlawed prostitution
and other forms of trafficking under Article 23 (1) of the Constitution.
Part VI of the
Constitution’s Directive Principles of State Policy includes many state
directives to improve women’s status and protect them. Article 39(a) requires
the state to ensure that men and women have equal access to adequate
livelihoods. Article 39(d) requires equal pay for equal work for men and women.
The Equal Remuneration Act 1976 implements this Directive Principle.
Article 39(e) prohibits
the state from abusing worker health and strength. Article 42 requires the
state to provide maternity relief and fair working conditions. The 1961
Maternity Act followed. Article 44 mandates a uniform civil code for all
Indians. This article sought gender justice. In Sarala Mudgal Vs Union of
India,[48]
the judiciary recognised the need for uniformity in civil laws like marriage,
succession, adaptation, maintenance, etc. Article 51-A (e) states that every
Indian citizen must renounce practises that degrade women. For Article 51-A
implementation, the Indian Parliament passed the 1993 Protection of Human
Rights Act[49].
The 1992 73rd and 74th
Amendments to the Indian Constitution guarantee women seats in panchayat and
municipal elections. Parliament’s first attempt at legislative reservation for
women. In addition, Article 243D (3), 243D(4), 243T provisions for reserving
not less than one third elections of local bodies, viz Panchayat and the
Municipalities[50].
International Conventions for the
protection of women
Women empowerment has
grown worldwide in the 20th century. The Universal Declaration of Human Rights
1948 reaffirms faith in fundamental human rights, the dignity and worth of the
human person, and equal rights for men and women. The International Covenant on
Economic, Social, and Cultural Rights 1966 emphasises gender equality[51].
United Nations Charter
The Charter reaffirmed
the global community’s commitment to fundamental human rights, dignity, and
gender equality[52].The UN
Charter also states that its goals are to achieve international cooperation in
solving economic, social, cultural, and humanitarian issues and to promote and
encourage respect for human rights and fundamental freedoms for all without
regard to race, sex, language, or religion[53].
They emphasise gender equality. Article 8 of the UN Charter states that men and
women can participate equally in its principal and subsidiary organs. However,
the League Covenant required that all League positions, including the
secretariat, be open to men and women[54].
Convention on the Nationality of
Married Women 1958
In 1949, the
commission on the status of women recommended that a convention on the
Nationality of Married Women be prepared and concluded as soon as possible to
ensure women’s equality with men, especially in nationality, and prevent them
from becoming stateless after marriage or divorce[55].
Convention on the Nationality of Married Women opened for signature and
ratification by General Assembly resolution 1040 (XI) of 29 January 1957;
entered into force 11 August 1958[56].
Universal
Declaration of Human Rights
The Universal Declaration
of Human Rights expands the Charter’s equal rights and promotes equality. The
preamble affirms that freedom, justice, and peace are based on the inherent
dignity and equal and inalienable rights of all human beings[57].
International Covenant
on Civil and Political Rights
The Covenant on Civil and
Political Rights prohibits discrimination and guarantees equal and effective
protection against discrimination based on race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth, or
other status. The law protects everyone equally. They also incorporated
equality and non-discrimination to elevate women[58].
International Covenant
on Economic, Social
and
Cultural Rights
The Covenant on Economic,
Social, and Cultural Rights prohibits sex discrimination and guarantees fair
and equal remuneration for work to improve women’s economic conditions[59].
Convention
on Elimination of All Forms of
Discrimination
against Women
The article of the
Convention prohibits discrimination and promotes equality[60].
The Convention also requires State parties to take all appropriate measures,
including legislation, to ensure the full development and advancement of women
in all fields, particularly in the political, social, economic, and cultural
fields, to guarantee their equal enjoyment of human rights and fundamental
freedoms[61]. The
Convention also mandates that States eliminate discrimination against. The
Convention also requires state parties to eliminate discrimination against
women to enable their political and public participation[62].
The Convention also
requires State parties to eliminate employment discrimination against women to
ensure equal rights for men and women: (a) the right to work as an inalienable
right of all human beings; (b) the right to the same employment opportunities;
(c) the right of free choice of profession and employment, the right to
promotion, job security, and all benefits and conditions of service; (d) the
right to equal remuneration and equal treatment in respect of work of equal
value, as well as equality of treatment in the evaluation of work quality; and
(e) the right to social security and paid leave[63].
Declaration
on the Elimination of Violence Against Women
The 1993 UN General
Assembly Declaration on the Elimination of Violence Against Women defines
violence against women as “any act of gender-based violence that results in, or
is likely to result in, physical, sexual, or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or private life”[64].
The General Assembly declares that violence against women violates their rights
and fundamental freedoms and impairs or nullifies them[65].
The state parties to the
Protocol recalled the CEDAW, which condemned all forms of discrimination
against women and pledged to eliminate it by all appropriate means and without
delay. Since December 2000’s optional protocol, systematic violations can be investigated
and punished[66].
Judicial Interpretations
This article throw
light on some judicial interpretations
Vineeta
Sharma v Rakesh Sharma[67]
(2020)
This landmark case
protected family-related women’s rights. Before the 2005 amendment, son and
daughter inheritance rights were discriminated against. Sons had a right to
Hindu Undivided Family property, while daughters lost their right upon
marriage. This was considered because the daughter will become part of her
husband’s family after marriage. The Supreme Court ruled that daughters born
before the 2005 Hindu Succession Act, 1956 amendment had equal coparcenary
rights in Hindu Undivided Family (HUF) property and could not be excluded from
inheritance.
Air India V
Nargesh Mishra[68]
In this case, Regulation
46 of the Air India and Indian Airlines Regulations required an Air Hostess to
retire at 36 years old, on marriage if it occurred within four years of
joining, or on first pregnancy, whichever came first. If an Air Hostess was
medically fit at 45, Regulation 47 allowed the managing director to extend her
retirement by one year. The Supreme Court declared both regulations
unconstitutional, void, and violative of Article 14[69].
Surjeet Singh v.
Kamaljit Kaur[70]
The Supreme Court ruled
that medical examinations to prove women’s virginity violated Article 21’s
right to privacy and personal liberty.
Sarla Mudgal v.
Union of India[71]
It was held that the
second marriage of Hindu after his conversion to Islam was void in terms of
Section 494 of I.P.C. and the husband was liable to be prosecuted for bigamy.
Vishakha v
State of Rajasthan[72]
A Rajasthani village gang
raped a social worker. A three-judge Supreme Court bench ruled that sexual
harassment of working women violates Article 19(1) of the Constitution (g). The
court established detailed workplace rules for employers and others. This
social evil was then addressed by law. Thus, the long-awaited Sexual Harassment
of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, took
effect.
Shayra Bano
v Union of India[73]
The Supreme Court
challenged Muslim instant triple talaq (talaq-e-biddat) in this case. Justice
J.S. Kheler C.J., Kurian Joseph, J.R.F Nariman, Abdul Zazeer, and U.U.Lalit
comprised the constitution bench. The Supreme Court bench ruled 3:2 that triple
talaq violates Article 14 of the Constitution.
The Sabarimala temple
entry case has been controversial for restricting women of menstruating age
(10-15 years) from entering. The Supreme Court ruled 4:1 that the temple’s
exclusion of women violated female worshippers’ Article 25(1) right to freedom
of religion. It declared Kerala Hindu Places of Public Worship Act Rule 3(b)
unconstitutional. This allowed Hindu denominations to bar women from public
worship. The court allowed women of all ages into the Sabarimala Temple.
Joseph Shine
v Union of India[75]
Joseph Shine, a
non-resident of Kerala, filed an Article 32 writ petition challenging Section
497 of the Indian Penal Code. The petitioner contented that the provision for
adultery was arbitrary as well as discriminatory on gender basis. The
petitioner further argued that it will undermine the dignity of women. The
Supreme Court decriminalised the offence of adultery and made it a ground of
matrimonial divorce.
Conclusions and Suggestions
Women should hold a
special place in society everywhere in the world. Throughout the various stages
of their lives, they play a variety of roles, such as daughter, wife, mother,
and sister, among many others. She still belongs to the group of society that
is in a disadvantaged position due to several social barriers and impediments,
despite the fact that they have contributed in the life of every individual
person. This is regardless of the fact that they have contributed. Tyranny is
perpetrated by men, who control most aspects of society, and women are the ones
who suffer its effects. On the one hand, she is worshipped and regarded as the
embodiment of tolerance and virtue. This leads many people to hold her in the
highest regard possible. On the other hand, women are the ones who have to
endure unimaginable suffering and tribulations. On every front, women continue
to be significantly behind men’s progress. They have always been subjected to
discrimination in every aspect of life, and they have been the victims of all
forms of inequality and humiliation since the beginning of time. As a result,
many different acts were passed in order to deal with the personal matters such
as marriage, divorce, and succession. A number of labour laws were also passed
for the protection and welfare of women, such as maternity benefit, prohibition
of employment in dangerous activities, and creche facility for the children of
working women. These laws were enacted in response to the passage of a criminal
law that included a number of provisions for dealing with crimes committed
against women.
In spite of all of these
laws and other actions taken by the government, it is clear to us that
violations of human rights committed against women are still occurring at an
alarmingly high rate.
Few Suggestions for the Protection of
the Human
Rights of Women
It is important to keep
in mind that we already have a sufficient number of laws; what we need to do
now is ensure that these laws are properly executed and implemented in the
appropriate manner. This can be accomplished by launching an awareness programme
targeted toward both males and females. To better prepare the next generation
for the world they will inherit, it is imperative that all educational
institutions begin teaching awareness classes as early as possible. Civil
society has the ability to run awareness campaigns on issues pertaining to
women’s rights. In addition, we can educate people about the many welfare
policies and programmes that are being carried out by the state and various
international organisations. Women should be given priority when it comes to
job opportunities and promotions so that they can improve their standing in
society and receive the benefits that come with it. For the sake of the
advancement of working women, each and every organisational structure ought to
incorporate a complaints committee and grievance cells for internal complaints.
It is imperative that a scientific investigation and protection mechanism be
implemented. Because so many victims are scarred while waiting for the court
order that will bring them justice and compensation, swift execution is
something that has to be incorporated. It is imperative that the perpetrators
of the crime be subjected to harsh punishments and that they not be allowed to
escape the grasp of the law under any circumstances. The victims need to
receive appropriate care and treatment, including access to rehabilitation
facilities, in order for them to be able to triumph over the mental anguish and
miseries they have endured. The few ideas that are going to be presented here
can, to some extent, speed up the process of women gaining their human rights.
[1] Where
Women are honoured, divinity blossoms there, and where ever women are
dishonoured, all action no matter how noble it may be, remains unfruitful.
[2] Jogendra Kr. Das,” Reflections on
Human Rights and the Position of Indian Women”, The Indian Journal of Political Science, Vol.64,
No.3/4,203-220 July-December, (2003).
[3] Sutapa Saryal, “Women’s Rights in
India: Problems and Prospects”, International Research Journal of Social
Sciences, Vol. 3(7), 49-53, July (2014)
[4] Id
[6] Narendra Kumar, “Constitutional Law
of India”, Published by Allahabad Law Agency, Faridabad, Tenth Edn,2018.
[7] Id
[8] Raghuvir K Devani, “An Analysis –
Rights of Women Under the Indian Constitution”, Academic Journals, Vol 1/ Issue
(1)2013
[10] Dr. B Prabhakara Rao, “Violation
of Women Human Rights in India”, International
Journal of Research in Social Sciences, Vol.
7 Issue 8, August 2017, ISSN: 2249-2496.
[11] R.P. Kataria, Alok Saxena,”. Law
of Protection of Women from Domestic Violence”, Orient Publishing Company, New
Delhi,2012.
[12] Ritu Dhanoa, “Violation of Women
Human Rights in India”, International Journal in Multidisciplinary and Academic
Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973).
[13] Dr. T.R Maruthi, Sridevi Krishna,
“Violation of Human Rights of Women in India”, JSS Journal for Legal
Studies and Research, Volume-II, Issue-II (July-2014 to
December – 2014)
[14] Ritu Dhanoa, “Violation of Women
Human Rights in India”, International Journal in Multidisciplinary and Academic
Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973)
[15] Ritu Dhanoa, “Violation of Women
Human Rights in India”, International Journal in Multidisciplinary and Academic
Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973).
[16] Id
[17] Dr. B Prabhakara Rao, “Violation of
Women Human Rights in India”, International
Journal of Research in Social Sciences, Vol.
7 Issue 8, August 2017, (ISSN: 2249-2496).
[18] Ritu Dhanoa, “Violation of Women
Human Rights in India”, International Journal in Multidisciplinary and Academic
Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973).
[19] 1986 AIR 1011, 1986 SCR (1) 371.
[20]The Preamble of the Constitution of
the World Health Organization, available at https://www.who.int/bulletin/archives/80(12)981.pdf ,
accessed on 7 Nov 2022
[21] Ritu Dhanoa, “Violation of Women
Human Rights in India”, International Journal in Multidisciplinary and Academic
Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973)
[24] Mamta Rao, “Law relating to Women
and children”, Eastern Book Company Publications, Lucknow,2018 ,
Pg 512.
[25] Mamta Rao, “Law relating to Women
and children”, Eastern Book Company Publications, Lucknow,2018,
Pg 26
[26] Mamta Rao, “Law relating to Women
and children”, Eastern Book Company Publications, Lucknow,2018,
Pg 26
[27] Manu defined stridhana as
“that which is given to a woman before her nuptial fire in bridal procession as
a token of love from her brother, mother father or husband.”
[28] Mamta Rao, “Law relating to Women
and children”, Eastern Book Company Publications, Lucknow,2018,
Pg 26,27
[29] Mamta Rao, “Law relating to Women
and children”, Eastern Book Company Publications, Lucknow,2018,
Pg 26,27.
[31] Sutapa Saryal, “Women’s Rights in
India: Problems and Prospects”, International Research Journal of Social
Sciences, Vol. 3(7), 49-53, July (2014),
[32] Mamta Rao, “Law relating to Women
and children” (Eastern Book Company Publications, Lucknow,2018)
Pg. 147
[33] Id
[34] Dr. G.B. Reddy, “Women and The
Law”, (Bharat Gogia Publications, Hyderabad, 2018) Pg.74.
[35] Dr. T.R Maruthi, Sridevi Krishna,
“Violation of Human Rights of Women in India”, JSS Journal for Legal
Studies and Research , Volume-II, Issue-II (July-2014 to
December – 2014)
[36] Mamta Rao, “Law relating to Women
and children”,(Eastern Book Company Publications, Lucknow,2018) Pg.233
[37] Mamta Rao, “Law relating to Women
and children” ,(Eastern Book Company Publications, Lucknow,2018)
Pg. 201
[38] Rouf Ahmad Bhat and Prof. Dr.
Anita Deshpand, “Overview of Sexual Harassment of Women at Workplace in India:
An Analytical Research”, International Journal of Innovative Research in
Science, Engineering, and Technology, Vol. 6, Issue 7, July 2017
[39] Id
[40] Mamta Rao, “Law relating to Women
and children”, (Eastern Book Company Publications, Lucknow,2018)
Pg. 247.
[41] Id, Pg 255
[42] Dr. Anu Prasannan, “Acid Attack on
Women: Repercussions and Need for Law”, JSS Journal for Legal Studies
and Research, Volume-II,
Issue-II (July-2014 to December – 2014)
[43] Id
[44]Dr. Anu Prasannan, “Acid Attack on
Women: Repercussions and Need for Law”, JSS Journal for Legal Studies
and Research , Volume-II, Issue-II (July-2014 to
December – 2014)
[45] AIR 2003 SC 3331.
[46] AIR 1990 SC 1412
[47] AIR 2003 SC 3331.
[48] AIR 1995 SC 1531, (1995) 3 SCC 635.
[49] Sutapa Saryal, “Women’s Rights in
India: Problems and Prospects”, International Research Journal of Social
Sciences, Vol. 3(7), 49-53, July (2014),
[50] Sukhpal Kaur Women’s Rights: A
Historical Perspective, The Indian Journal of Political Science, Vol. 70, No. 1
(JAN. - MAR. 2009), pp. 121-130.
[51] Raghuvir K Devani, “An Analysis -
Rights of Women Under the Indian Constitution”, Academic Journals, Vol 1/ Issue
(1)2013
[52] United Nations Charter, Preamble.
[53] Art 1(3) of United Nations
Charter.
[54] Covenant of the League of Nations,
1919, Art. 7.
[55] Mamta Rao, “Law relating to Women
and children”, (Eastern Book Company Publications, Lucknow,2018)
Pg. 38.
[56]
http://www.legislationline.org/documents/id/7674.
[57] Adopted by the General Assembly by
its Resolution 217 A (III) 10th December 1948., Available at https://www.un.org/en/sections/universal-declaration/history-document/index.html , accessed
on 21 Nov 2022
[58] International Covenant on Civil
and Political Rights, 1966, Art. 26, available at https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx#:~:text=Article%2026&text=In%20this%20respect%2C%20the%20law,property%2C%20birth%20or%20other%20status., accessed
on 21 Nov 2022
[59] Id.
[60] Convention on Elimination of All
Forms of Discrimination Against Women, 1979, Preamble, Paras 4,5.
[61] Convention on Elimination of All
Forms of Discrimination Against Women, 1979, Art. 3, available at https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx ,
accessed on 21 Nov 2022.
[62] Convention on Elimination of All
Forms of Discrimination Against Women, 1979, Art.7.
[63] Convention on Elimination of All
Forms of Discrimination Against Women, 1979, Part III, Art .11
[64] Declaration on the Elimination of
Violence Against Women,1993, Art. 1 available at
[65] Ashwini P, Harshika Lalith Kumar,
“A System of approach in combating Sexual harassment at Workplace Women at
Workplace- A need for pragmatic planning”, JSS Journal for Legal
Studies and Research, Volume-V, Issue-I (January-2017 to
June-2017).
[66] Raghuvir K Devani, “An Analysis –
Rights of Women Under the Indian Constitution”, Academic Journals, Vol 1/ Issue
(1)2013
[67] 2019 6 SCC 162
[68] (1981) 4 SCC 335,
[69] Article 14 of the Indian
Constitution
[70] AIR 2003 P & H. 354
[71] AIR 2003 P & H. 354
[72] (1997)6 SCC 241, 1997 SCC (Cri)
932
[73] 2017 SCC OnLine SC 963
[74] (2019) 11 SCC 1
[75] 2018 SCC OnLine SC 1676.