HUMAN RIGHTS OF WOMEN – AN INDIAN PERSPECTIVE
AUTHORED BY - SHILPA S. P.
LL.M. CRIMINAL LAW,
REVA UNIVERSITY, BENGALURU.
Women’s rights continue to be routinely violated or disregarded in a vast array of public contexts, including politics, daily life, families, and other groups and institutions. People are accorded certain privileges by their society not only because they are citizens of a particular country, but also because they are human beings. A person’s eligibility for certain privileges and rights in a country is not determined solely by their citizenship status in that country. A person with human status is eligible for a variety of additional privileges in addition to the rights associated with citizenship in a nation. These rights include the right to vote and the right to own property, among others. These rights are in addition to the privileges associated with citizenship in a country. Throughout the course of human history, a variety of literary works have frequently featured prominent female characters. Regarding this specific topic, there have been no new developments recently. Sadly, they are frequently portrayed in a manner that suggests they are inferior and less capable, as if they are unable to live independently or pursue occupations without assistance. Contrary to popular belief, they are capable of living independently and pursuing careers without assistance. This perception suggests that individuals are incapable of leading independent lives or pursuing careers without the assistance of others. This depiction is incorrect in every conceivable way. This image consistently attracts considerable attention.
United Nations eight “Millennium Development Goals” include “Gender Equality and Women’s Empowerment.” In the year 2000, at the Millennium Conference, a decision very similar to this one was made. You had until the end of 2015 at the absolute latest to complete this task. 2015 was the last year in which this goal was expected to be achieved. However, India has made no progress toward attaining these objectives. Despite efforts to resolve the issue of gender inequality, the constitutional right to dignity is routinely denied to women in India. Although efforts have been made to address and rectify the issue, it continues to exist. This continues to be the case despite attempts to find a solution to the recurring problem. The prevalent patriarchal culture in India is the primary contributor to the gender disparity in India’s social and political institutions. The prevalent belief that men are inherently superior to women and the predominance of men in positions of authority are two of the characteristics of patriarchal societies. Gender inequality is more pervasive in patriarchal societies than in other types of societies. In recent years, India’s position near the top of the list of nations with the greatest socioeconomic disparities has remained essentially unchanged. Within the confines of this culture, male Native Americans are typically regarded more highly than their female counterparts. This is especially true of indigenous peoples cultures. The situation of Native American women is substantially more precarious than that of Native American men as a direct result of this. Because of the gender they were born with, they have been subjected to hostility, violence, and degradation in every aspect of their lives. Their experience has been as described. They have acquired this knowledge through their past experiences. They discovered this through their own personal experiences. Due to their personal experiences, they came to this conclusion. Their decision was based on their personal experiences and observations. As a direct result, a disproportionately high proportion of Indian women lack adequate knowledge of the legal rights to which they are entitled.
In order to maintain the legal status of the country’s female population, the legislative branch of the Indian government and its policymakers have enacted a number of laws, rules, and regulations. Numerous measures have been implemented to ensure that women are treated equally with men within the court system. These measures were taken as a response to a variety of issues that have recently surfaced. Because these protections are more in the form of “Acts” than “Actions,” none of them have been effective at preserving women’s rights. This is so because “Acts” are more difficult to implement than “Actions.” This is because “Actions” and “Acts” are two distinct concepts in the English language. It is essential to differentiate between “Actions” and “Acts,” especially given that “Acts” are more difficult to justify than “Actions.”
Key word: Civilization, Actions, Development, Equality.
Women have been denied fundamental rights throughout history, and in many regions of the world, they continue to face significant obstacles and discrimination. This is the reason why advocating for the protection of women’s rights is so crucial. It is not only a matter of justice and equity, but also a crucial step in making the world a more peaceful, prosperous, and sustainable place for everyone.
The expansion and preservation of women’s rights can be accomplished through a variety of means, such as the modification of existing legislation, the organization of public awareness campaigns, and financial investments in women’s educational and professional opportunities. Multiple stakeholders, including governments, civil society organizations, and individuals, are required for the advancement of women’s rights as human rights.
WOMEN’S HUMAN RIGHTS IN INDIA
Concerns regarding the violation of the human rights of women in India have been a topic of discussion for a considerable amount of time. Even though there have been some positive developments, such as the enactment of legislation to protect women from assault and discrimination, women in India continue to face significant obstacles in pursuing their rights. The passage of legislation to protect women in the home from sexual and physical violence is a positive development.
In India, gender-based violence represents one of the most formidable obstacles that women must surmount. Women are frequently subjected to physical, sexual, and psychological abuse, and a significant proportion of these acts go unreported or unpunished. Physical, sexual, and emotional abuse are all forms of abuse. In India, women continue to face significant obstacles, including but not limited to domestic violence, rape, sexual harassment, and trafficking. Another issue of concern is women’s limited access to educational and professional opportunities. In India, women continue to lag behind men in terms of educational attainment and participation in the labor force, despite significant progress over the past several years. This is true despite the fact that some progress has been made. There is a significant gender gap in access to education and training opportunities, which results in discrimination against a large number of women in employment, promotion, and compensation. There is a direct correlation between the gender disparity in access to education and training opportunities and the gender gap in access to education and training opportunities.
It is difficult for women in India to completely participate in public life due to a number of factors, including cultural and societal barriers. Due to patriarchal beliefs and traditional gender norms, women are underrepresented in politics and other areas of leadership. These factors also contribute to the underrepresentation of women in these professions. Likewise, traditional gender norms are frequently more restrictive for women.
Despite these obstacles, there have been a number of encouraging developments over the course of the past several years. There have been campaigns promoting gender equality and women’s empowerment in India, and the government has taken measures to combat violence against women. In India, there have also been campaigns promoting gender equality and the empowerment of women. Women’s rights organizations and activists are also attempting to bring attention to women’s issues and press for change. There are indications of progress in the promotion and protection of women's human rights in India, despite the fact that much work remains.
SOURCES OF WOMEN’S HUMAN RIGHTS IN INDIA
The preservation of women’s human rights in India can be traced to the Constitution of India, which recognizes and protects the equal fundamental rights of all Indian citizens, regardless of gender. The following is a list of some of the most crucial provisions of the Indian Constitution that guarantee women’s access to their fundamental rights.
Article 14 of the Indian Constitution guarantees equality before the law and equal protection under the law for all individuals, including women. This includes exercising one’s right to vote and vying for public office. This article makes it unlawful to discriminate on the basis of gender and ensures that men and women have equal access to all currently available rights and opportunities.
Article 15 of the Indian Constitution prohibits gender-based discrimination in all public settings. This consists of retail stores, hotels, and even amusement parks. The “Right against Discrimination” refers to an individual’s freedom from harassment, hostility, and other forms of prejudice. This clause prohibits discrimination based on race, gender, and religion in government positions, educational institutions, and private businesses.
Article 19 of the Constitution of India protects the Indian people’s freedom of speech and expression, as well as their right to peaceful assembly. This benefit is commonly known as the “right to freedom.” Women are now free to express their opinions and participate in all aspects of public life, including political and social movements, as a direct consequence of the liberties won. This freedom to express opinions and participate in public life is a direct result of the won freedoms.
The right to partake in a structured educational setting Article 21A of the Constitution of India mandates that all infants and adolescents between the ages of six and fourteen must have access to educational opportunities. This clause guarantees that women have equal access to education, which is essential for their professional and personal development.
Article 21 of the Indian Constitution protects the right to one’s own existence and the freedom to pursue one’s own interests. This protection incorporates the individual’s fundamental right to live each day with dignity and without prejudice. This article safeguards women against physical assault and other forms of maltreatment. Moreover, it ensures that women will always be regarded with respect and equality in the future.
There are provisions in the Constitution of India, which can be accessed here, that guarantee the fundamental rights of women. These clauses are available here. This is one of the methods in which India protects the human rights of women. Despite the existence of constitutional protections for women, the situation of women in India is marked by significant obstacles and violations of their human rights. It is imperative that the government of India and civil society organizations continue their efforts to advance and protect the human rights of women.
WOMEN’S HUMAN RIGHTS UNDER VARIOUS LEGISLATIONS
In order for the state government to fulfill the constitutionally mandated responsibilities, a number of legislative acts have been enacted. These policies seek to safeguard equal rights, eliminate social discrimination as well as various forms of violence and atrocities, and provide support to working women in particular. This action is performed in order to fulfill the constitutionally mandated mission. Currently, a large number of activities are being conducted to achieve the constitutionally outlined objective. The fact that these laws were enacted to fulfill a statutory requirement made their implementation an absolute necessity. Women are significantly more likely to become victims of crimes such as homicide, robbery, and adultery than males. Crimes committed predominantly against female victims are referred to as “crimes against women”. Despite this, physical or verbal abuse of women is regarded a “crime.” Crimes committed with the intent to make women victims are referred to as “crimes against women.”
It has been determined that certain aspects of the law have a significant impact on women, and those aspects have been evaluated and modified at regular intervals to ensure that they remain compatible with the constantly evolving social standards. Even though there are laws prohibiting discrimination on the premise of gender, this situation still exists in today’s society.
WOMEN’S HUMAN RIGHTS PROTECTED UNDER CONSTUTION AND VARIOUS LEGISLATIONS TOGETHER
As a result of the passage of a large number of laws, including the country’s constitution, India has been able to accomplish the acceptance of women’s human rights in the form of their legal rights and the protection of these rights. Thus, India has been able to defend these liberties. The nation’s adoption of a new constitution has made the accomplishment of this objective feasible. It is of the utmost importance that we eliminate these obstacles as soon as possible if we are to achieve our ultimate goal of attaining full equality for women in all aspects of society. This must be done if we are to be successful in this endeavor.
In accordance with Article 142 of the Indian Constitution, the Supreme Court of India issued 12 legally binding recommendations as part of its landmark decision in the case Vishakha et al. v. State of Rajasthan et al. It was determined that the concepts were legally mandated. This was done because no statute existed at the time that specifically addressed the issue under consideration. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act was finally passed in 2013, after languishing for sixteen years. This legislation was ultimately passed in 2013. The purpose of this rule is to empower working women to advocate for themselves if they experience sexual harassment while performing professional duties. The terms “prevention,” “prohibition,” and “reparation” are reflected in the name of the act, which also represents the act’s three primary purposes. The act’s name, which also reflects its three primary purposes, reflects all of the act’s essential goals.
In Bhagwan Dutt v. Kamla Devi and Others, the Supreme Court ruled that a woman has the constitutional right to claim maintenance if her monthly income is insufficient to cover her essential living expenses. The court determined that a woman is entitled to maintenance if her monthly income is insufficient to cover her essential living expenses. Taking into account the fact that the women in this scenario cannot financially support themselves, it was determined that this is the optimal outcome. This was one of the factors that went into making this decision. In addition, the court made it abundantly clear that a woman seeking maintenance payments under the phrase “Unable to sustain herself” need not be completely incapable of self-sustenance in order to qualify for these benefits. In its decision, the court made this fact crystal obvious. Following the hearing, the court provided numerous clarifications, and this was one of them.
If she remarries or converts to a religion other than her current one, the amount of child support she is entitled to receive will be significantly reduced. In the 2019 Supreme Court case Ajay Kumar v. Lata@Sharuti, it was determined that a widow is permitted to file a claim for spousal support against her brother-in-law to ensure compliance with the 2005 Protection of Women from Domestic Violence Act. The purpose of this determination is to ensure compliance with the 2005 Act. This decision ensures that the law is always followed.
SPECIAL INITIATIVES FOR WOMEN
The Committee on the Status of Women, which operates under the auspices of the National Government, is charged with the following responsibilities: The government established this statutory institution in January 1992 with the mandate to investigate and monitor all matters pertaining to the constitutional and legal protections accorded to women, evaluate the existing legislation in order to make any necessary changes, and engage in similar activities. This institution has the authority to investigate and monitor all constitutional and legal protections accorded to women. This organization is charged with conducting research and monitoring all legal and constitutional rights applicable to women. The National Commission for Women (NCW) has been tasked with conducting research and monitoring constitutional and legal issues pertinent to women’s rights.
Women’s Needs Were Addressed While Keeping Regional Autonomy Boundaries in Mind. Voters approved the 73rd Constitutional Amendment Acts in 1992, and it was Parliament’s responsibility to adopt and implement these laws. Regardless of the urban or rural nature of the affected municipalities, these restrictions reserved one-third of all elected positions in local administrations for women. The quota was applicable to all elected positions. This quota pertains to all jobs with election eligibility, including those with existing quotas. This restriction applies to every vacant position that undergoes the local selection procedure.
About the Female Newborn Infant: The United States Comprehensive Plan of Action for Women and Girls (1991-2000) The survival of the female child, as well as her protection and development, are accorded high priority in the action plan, which has as its primary objective the improvement of the girl child’s future prospects.
SUGGESTION AND CONCLUSION
It is impossible to overstate the importance of women’s roles in our society and their contributions to achieving our ultimate objectives. This holds true for both the roles women perform and the contributions they make. This includes our responsibilities as mothers, sisters, wives, and mothers in addition to our other obligations. The most significant contributors to the persistent violation of women’s human rights in India are societal apathy, illiteracy within families, and outdated legal structures. Despite the belief that women should be regarded equally and with respect in every aspect of life, the Indian government routinely violates the human rights of its female citizens. Despite the notion that women should have equal rights, this is the case. Despite India’s ratification of the United Nations Convention on the Rights of the Child, this issue persists in the country. In the event that Sita was unable to attend the Ashwamegh Yagya, King Rama issued the directive that an effigy of Sita be used to carry out the associated festivities. In today’s society, women do not have the same social standing or legal standing as males. This is true in both the public and private sectors. It is important to keep this in mind both inside and outside the courtroom. The public sector is affected similarly to the private sector. In addition, they lack the legal advantages enjoyed by the remainder of the population. Since this is no longer true, it is essential to consider the opposite of what was previously true. In addition, they were granted complete independence to make all wedding-related decisions without input from anyone else. In spite of this, the current status of Indian women is extremely precarious, and Indian society provides them with the least amount of protection imaginable.
Individuals can be accosted anywhere, including while walking on highways, riding the subway, bus, or train, watching a movie in a theater, strolling through parks or beaches, and even in their own backyards. Several examples are provided below to demonstrate how such an occurrence could occur. These are only some of the numerous contexts in which an analogous event could occur; there are many more. These are only a few of the possible global locations where something similar could occur. There are several more. A few more are located in this region. It is improper to designate the outcomes of these actions as “safety” effects because there is no applicable method to do so, and thus no applicable mechanism. The Indian government’s policymakers and legislators have enacted a vast array of laws, rules, and regulations to safeguard the legal standing of the country's female population. Recent events have brought to light a variety of issues that have prompted these activities. Due to the fact that each of these measures is a “Act” rather than a “Action,” none of them have been successful in protecting women’s rights. This is due to the distinction between “Acts” and “Actions.” This is due to the distinction between “Acts” and “Actions.” This is due to the fact that the English concepts of “Actions” and “Acts” are wholly distinct from one another. It is essential to differentiate between “Actions” and “Acts,” particularly given that “Acts” are more difficult to justify than “Actions.” This is the primary contributor to Indian women’s psychological and physical maltreatment, as well as their harassment. The frequency with which women’s human rights are violated generates a number of obstacles, each of which must be exhaustively investigated before the issue can be considered resolved. It will be necessary to change the laws in order to create a society in which women can experience a greater sense of equality in their daily lives. Consequently, it is essential that this factor be taken into account.
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