Authored By: Angel Singh
IILM University
INTRODUCTION
Women’s rights in India have developed through a mixture of constitutional guarantees, legislative changes, and judicial intervention. The legal system holds that equality is not only a formal representation of equal rights; it is also protection from discrimination, violence, and structural disadvantage. Change is constantly occurring in every society since there is no end to the changing conditions of society. Changes in accepted patterns of living and ways of doing things have been made through laws or judicial decision; these changes have affected the way people live and the laws that apply to them. The changing conditions of the society will also affect the way that the laws of that society work, so it is very important for law to keep up with the changing socio-economic conditions of the society, as well as the political developments of that society, while still maintaining an appropriate amount of balance between the individual’s rights and duties.
Women will benefit from the Constitution through their right to equality in the Constitution’s Preamble, Fundamental Duties, Directive Principles and Fundamental Rights. The Constitution provides protection for women’s right to equality and permits the state to develop policies that will help promote the advancement of women as part of its commitment to providing a democratic means of government. The state has made every effort possible to ensure that the law provides equality for women and to provide services that promote the advancement of women and to meet the needs of women in all aspects of life within the framework of a democratic society.
Women’s Rights In India
Women’s Rights Are Protected By The Constitution Of India. The Constitution Has Many Articles That Protect Women’s Rights. For Example, Article 14 Gives Women The Right To Be Treated Equally Under The Law, While Article 15 Prohibits Discrimination By The State Based Upon A Woman’s Sex, Religion, Race, Caste, Or Place Birth. In Addition, Article 15.3 Allows The Government To Create Special Protections For Women And Children In Recognition That Sometimes, Equality May Require Special Protection And Support Measures.
Article 16 guarantees equality in respect of public employment opportunities. Article 19 provides for freedom of expression, movement, assembly and profession; all fundamental to the autonomy of women. The right to life and personal liberty under Article 21 has been broadly construed by the Supreme Court to include rights to dignity, privacy, bodily integrity and freedom from violence. Under Article 39(d), the State is required to ensure that there is equal remuneration for equal work; Article 42 requires the State to provide for fair and humane working conditions and for maternity benefits.
The provisions aforementioned make it clear that women are not simply recipients of the various welfare provisions but rather, they have rights according to the constitution for equal treatment as citizens.
Key Statutory Protections
Dowry Prohibition Act of 1961 The Dowry Prohibition Act prohibits the act of either providing or accepting a The practice of providing and/or accepting a dowry has long been recognised as one of the most serious social injustices in India and unfortunately, has led to numerous instances of women being tortured, abused and killed due to dowry-related issues. The purpose of this Act is to abolish the practice of providing or receiving a dowry by creating an offence of demanding or accepting a dowry.
The Protection of Women from Domestic Violence Act (PWDVA), 2005 The PWDVA is one of the most important laws for protecting women in India. The PWDVA recognizes domestic violence as bothphysically and sexually violent, and includes verbal, emotional, and economic abuse withinitsWomen may seek remedies includingprotect-relieforders(orders providing protection from the abuser), residence relief orders(orders for the abuser to leave the home of the woman), custody relief orders(orders granting custody of children to the woman), and monetary relief. The PWDVA is civil in nature;however, it has significant protective elements. ThePWDVAprotectswomen within the home from being abused and, therefore,addressesan area in which women are most frequently abused.
The Sexual Harassment of Women (Prevention,Prohibition, and Redressal) Act (2012)TheSexualHarassmentofWomen (Prevention, Prohibition, and Redressal) Act began as a consequence of the Supreme Court’s decision in Vishaka v. State of Rajasthan (1997). This law provides a formal mechanism for preventing and addressing sexual harassment of women at the workplace. The Act requires that each employer that employs a specified number of individuals establish an Internal Complaints Committee. The Act applies to every government office, private enterprise, educational institution (primary, secondary, post-secondary) and any other place of work.
The Maternity Benefit Act (1961)isdesignedtoprovide women with a period of paid maternity leave whileatthe same time protecting them from being dismissed or treatedadverselybecause of their pregnancy orThisact represents the government’s commitment to humane working conditions for women and ensuring maternal welfare. The Act has been amended to modernize the benefitsprovidedtowomen and addstrongerprotections in the workplace for those who are pregnant and/or expecting to become pregnant.
Under the Hindu Succession Act (1956)-asamendedin2005-daughtersnowreceivethesame coparcenary rights as sons in respect of joint family property. Previously, most daughters didnothave equal inheritance rights. The amendment madesignificantstrides toward achieving economic equality and gender justice for women.
The Bharatiya Nyaya Sanhita, (2023)alongwith the various other provisions of criminal law providethe tools needed to criminalize manyofthe acts committed against women, including, but not limited to, rape, sexual assault, stalking, voyeurism, trafficking in women, kidnapping, cruelty by a husband or relative, and acid attacks. The ultimate goal of these laws is to protect women from acts of violence based on their gender and topunishperpetratorsof those acts.
Landmark Judicial Precedents
Vishaka v. State of Rajasthan (1997)
In a significant decision regarding women’s rights in India, the Supreme Court ruled on the case of Bhanwari Devi, a woman who was gang-raped while trying to assist another woman with a case of child marriage in Rajasthan. Such actions have been found to violate Articles 14 (the right to equality), 15 (the right to freedom from discrimination on grounds of sex), 19(1)(g) (the right to carry on any profession, trade or business), and 21 (the right to life) of the Indian Constitution. In the absence of specific legislation at the time, the Supreme Court established the Vishaka Guidelines to govern sexual harassment at the workplace and, subsequently, the legislative framework for workplace sexual harassment under the 2013 POSH Act. The key legacy of the Vishaka case is that the Supreme Court transformed the issue of workplace safety from a moral or ethical obligation, to a constitutional/ legal obligation.
Mary Roy v. Kerala, 1986
The Supreme Court of India dealt with the issue of discrimination against Syrian Christian women regarding their inheritance rights (land). The Supreme Court ruled that the women could not be denied equal right to property by reason of discriminatory succession laws. This ruling provided the basis for establishing the right of women to inherit and enjoy family property, as well as to have equal representation and dignity within the family.
CURRENT CHALLENGES FACED
There is Weak Enforcement of Existing Strong Laws Although Strong Laws Exist, Enforcement Remains Insufficient. Women Report Low Rates of Awareness Regarding Their Rights, While Fear of Stigma, Dependence upon Perpetrators, and Other Reasons Prevent Many Women From Reporting Their Own Abuse. Police Response Times to Calls For Help Are Frequently Slow, Insensitive, or Biased. The Length of Time It Takes To File A Complaint, The Boudeness of The Processes Involved in Courts, and Other Barriers Also Discourage Many Women From Seeking Legal Help. Barriers Such As Lack of Availability of Legal Resources (e.g. Access To Legal Aid) And Lack of Availability of Shelters in Communities Such As Rural/low Income Areas Creates Additional Substantial Barriers for Women Seeking Legal Help. The Gap Between Legal Reform and Societal Reform Is Our Greatest Challenge As A Society For Ending The Cycle of Violence. The Law May Hold Offenders Accountable; However, Laws Alone Will Not Eliminate Patriarchal Attitudes Toward Women And Who Is Able To Abuse Them. Other Elements Such As Social Change, Education, Economic Empowerment, And Institutional Accountability Are Necessary. New Forms Of Violence Have Emerged From Technology That Include Cyber-Related Violence, Online Stalking, Image-Based Abuse, And Technology-Related Harassment. Therefore, We Must Create New Legal Solutions For These Forms Of Violence.
CONCLUSION
It can be concluded that women in urban areas have a higher awareness regarding their rights and are much better educated as well as empowered economically and socially in comparison to rural women. In rural communities it is important to create awareness for their rights, education and government services, options and schemes available to them to improve their status, specifically concerning women. There exists numerous laws that have been put in place by the legislature for the benefit of women. The most important thing needed now is for women to recognize their rights and be watchful. Women represent the current and future of the nation of India. Today 21st century women hold an exceptional position in all areas of society and are living a much improved lifestyle; they are no less capable than men. Women have begun utilizing state agencies to find solutions to issues they face against classical justice through various avenues.
REFERENCE(S):
Article on Women facing Violations in India
Constitution of India by Narender Kumar
