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WOMEN’S RIGHTS TO BE ENHANCED

Authored By: Erai Aruli. P

Jeppiaar University

ABSTRACT:

Our country is a place where women are seen as goddesses, every river place purity is named after women. At the same time, it is the country where women are treated worse than slaves; they have to face lots of harassment, abuse, insults in society, and sexual assault. There are many girls who don’t know their rights and don’t know how to face their issues. This paper reveals the rights of women that need to be improved and make accessible to all women from ages 5 to 90. Women need to be educated about the laws and their rights. When a woman is educated, the whole family is educated, which ultimately leads to a better nation. An equality system can lead to a better democracy.

“Human rights are women’s rights and women’s rights are human rights once and for all.”

Hillary Clinton

INTRODUCTION: 

Women are facing many vulnerable situations due to insufficient protection for women in India. Many women and children are homeless because of abusive partners and domestic violence. Wealthy and influential men often avoid accountability, and even relatively privileged women face social pressures to stay with their abusive partners in the name of culture. This leads to numerous cases where women struggle to escape abusive situations. A poor woman seeking a job may encounter further sexual abuse, and due to overpopulation, many are facing unemployment.2

“Consequently, states should look for all the problems that happen in their state for women.”

Challenges women face in society are a lack of education, poverty, sexual abuse, an unhygienic environment, inequality in work, and home.

India is at rank of 131% out of 148 countries in women’s rights. It must improve and become the best country for women’s rights. 

NOTABLE RIGHTS FOR WOMEN

CHILD MARRIAGE: Indian law has the Prohibition of Child Marriage Act (PCMA) of 2006, but the sad reality is that it has not been enforced in most parts of the country. Around 23% of women had children at a very young age, before 18, in 2014-2015. Based on a recent study, West Bengal, Bihar, and Tripura have the highest child marriage rates.

Girls who are 10 years old are married to elderly men. They cannot defend themselves against the physical abuse inflicted upon them. This includes mental abuse as well. Child marriage affects their studies, courage, and health. Physically and mentally, a child cannot take marriage seriously. There have been many cases where these children had to exercise their marriage rights.3

Example: Ramesh Kumar V/S State of Rajasthan.

DOWRY PROHIBITION: Dowry is defined as a gift from the bride’s family to the groom’s family, showing their status and caste to society. The more dowry, the better the bride is treated well, although giving and receiving dowry is consider as crime, people in India still do it. As a result, giving dowry went to extremes and led to many criminal activities such as harassment, physical and mental torture. Women are mostly harassed by their mother-in-law and sister-in-law. This act made the bride depressed and stressed make them to take their life (suicide) to escape from future harassment.4

Example: Anita Sharma V/S State of Uttar Pradesh.

RIGHTS FOR EDUCATION: In India, in some places, women are expected to study less than their partners. More educated girls are often considered either “too modern” or “spoiled”. Girls in such places are married at a young age and are forced to discontinue their studies, leaving their dreams behind. For many women, dreams remain just dreams due to the pressure given by their parents and society. Education is an important element that must be prioritized, ads it can reduce violence against women, poverty, and gender inequality.

When a woman is educated, she can easily understand the world, stay healthy, and achieve overall well-being. She can support herself financially and also uplift other women. An educated woman does not have to tolerate insecurity, lack of family support, or dependency.5

WOMEN PROSTITUTION: Every day, a girl is kidnapped or sold for money. These girls face many problems physically and mentally. They suffer from child torture, child trafficking, harassment, and prostitution. Many of them are forced to work for years as prostitutes and suffer from severe physical and mental health problems. Due to poor living conditions and a lack of proper food, many develop serious diseases and eventually die.6

Later, these girls are considered voiceless victims. They are not recognized or supported by their families or by society. No one stands up for them. Even when people try to ask for help or demand that this exploitation stop, they are often ignored. Young girls continue to be pushed into prostitute and no real help reaches them.

RIGHTS AFTER MARRIAGE:

RIGHTS FOR DIVORCE: In India, marriage is considered the most important part of a girl’s life. Unmarried women or those without a husband are seen as disrespectful, deceased in spirit, or as having some flaw in their character. Women are viewed as committing a crime if they remain divorced, especially during religious events. When women are aware of divorce as an option, they suffer problems and harassment from their abusive parents throughout their lives. They accept that their life is meant to be this way and that it is common for everyone. Divorce is not a solution, nor is it seen as a crime.7

According to the 2022 record, 11.4 lakhs cases are pending in the Indian family court for divorce.

RIGHTS FOR ABORTION:

According to Article 21 of the Indian Constitution, which guarantees the right to life, every person in the country has the right to live, and no one can take their life. While everyone knows about this article, far fewer are aware of our rights regarding abortion. Many rape victims in the country are forced to marry the criminal due to the loss of their virginity and pregnancy. They are told that killing an innocent baby is wrong, so it is okay to marry the criminal and suffer for the rest of their life instead. Women need to know about their right to abortion, especially when the pregnancy results from a crime. It is not necessary to carry a baby conceived through rape, and it is not okay to marry the rapist.8

RIGHTS AGAINST DOMESTIC VIOLENCE:

Domestic violence involves hurting a person physically, mentally, or sexually by a family member. This violence stems from various reasons, such as dowry demands, girls from low-income families, extramarital affairs, drug or alcohol abuse, infertility, and many more. These factors drive domestic violence against women, who endure all these hardships to protect their married life, where they receive respect from society only if they remain married to their husbands.9

According to the Indian record on domestic violence cases, 31.2% cases filed in 2021 were by women.

Example: Ludhiana V/S State of Punjab.

RIGHTS FOR MARRIAGE: The right to marriage is a fundamental right in India. Most Indians follow arranged or traditional marriages. These right states that a woman can marry any person she wishes, without restrictions based on religion, race, or social status. India is a diverse nation consisting of various religions and castes. When a woman reaches marriageable age, her parents often expect her to marry a person they choose. In such situations, her right to choose her own life partner is taken away from her.10

Example: Lata sign V/S State of Uttar Pradesh.

CIVIL RIGHTS: 

WOMEN’S RIGHTS IN PARLIAMENT: When it comes to decision-making, women are considered underrepresented globally at every political level. Almost every country treats women in politics the same way. When a woman enters politics, she is often discriminated against, and her character is judged. She has to face a lot of hatred from society as well as from other political parties.11

Only 13.6% of the house has female candidates, meanwhile 72.8% seats are for men. Nothing has changed in the country with that 72.8% seats. Our country can have 50/50 seats for both men and women. When India has many educated women with decision-making skills and statistics, they can take care of the nation very well.

RIGHTS IN PROPERTY: All around the globe, women are struggling to get rights to their family property. When a woman gets married, she is often expected to move to her marital family and become a part of it, so the wealth side of her parental house is neglected, women also have rights in their husband’s property and sons. As a result, most women do not receive their rightful share of property.12

Example: Ram Charan & Ors. V/S Sukhram & Ors.

SAFETY AND HYGIENE ENVIRONMENT: 

MIGRATION THREADS: With the increase in the human population, urbanization has also expanded, leading to a rise in the use of public transportation. In this environment, women face many forms of sexual assault, harassment, and physical, mental, and emotional abuse. They are often treated unfairly in society. Crimes against women are more common than against men, and due to these issues, many women choose to stay at home, doing household work and leaving employment opportunities.13

Surveys say more than 50% harassment has occurred to women in public transport, and only 2% of women take a step to complain.

HYGIENE ISSUES: Women’s personal and biological needs are often viewed as unhygienic or impure in society. Even sanitary pads are considered disgusting by many people. Women’s public bathrooms are often in very poor condition, making them difficult to use. Despite this, women are expected to work normally during their menstrual cycle without being given any leave. 

Women are expected to manage both household and office work, yet during menstruation, they are restricted from entering temples and many other places. In some areas, women are avoided simply because of their periods. At the same time, women are expected to maintain hygiene without being properly educated or supported. There is a strong need for awareness and education about menstruation and hygiene in society.

EQUITY IN SOCIETY: 

GENDER DISCRIMINATION IN WAGE EARNING: The gender pay gap is a global issue that exists even when both men and women perform the same job at the same time. Women are not paid equally, as men often receive higher salaries compared to women. Many people are unable to explain the reasons behind this bias. This inequality is seen in both urban and rural areas.

Women not only work hard in their jobs but also take care of their families. They deserve equal wages for equal work. Equal pay would contribute to the GDP growth of a country and improve the social and economic status of women. Therefore, it is essential to implement and strictly enforce equal wage laws in India.14

RIGHTS FOR CULTURE: India has many religions and cultures. Many Indians believe that culture should be protected by women and that women are symbols of culture and tradition. When a woman marries into another religion, she is often expected to change her religion and follow the culture and religious beliefs of her marital family. Belief is the common bridge between acceptance and faith. Women should have the rights of region they wish.15

CYBER CRIME: 

Cyberbullying is a kind of harassment used to hurt a person emotionally and mentally through words in text. People use devices like computers, laptops, or mobile phones to send such messages on social media. When a woman posts something online, cyberstalkers often target her and harass her. They bully by hacking or cheating emails, sharing fake edited images of women, and continuously following and disturbing them. 

It is similar to a man spreading a woman’s personal information on social media and websites. This damages the reputation of women and their families. Innocent women are not at fault, yet they do not know how to face such situations and may take wrong decisions, such as suicide. Instead of trusting their own child, parents sometimes fail to understand the problem their child is facing.16

PUNISHMENT: 

Child marriage – 2 years imprisonment and rupees 1,00,000 fine under Prohibition of Child Marriage Act 2006.

Dowry – 5 + years imprisonment and rupees 15,000 + fine under dowry prohibition act 1961.

Prostitution – 5 to 7 years of imprisonment and a 5,000 to 10,000 rupees fine under the Pocso act.

Kidnap – 7 years of imprisonment + fine under the section of 137 BNS.

Domestic violence – 3 years of imprisonment + fine under section 86 BNS.

CONCLUSION: 

India is a very liberal country where many people are not afraid of the law or its punishments. This is one of the main reasons for the high number of crimes against women. When laws are not enforced strictly, crimes do not disappear. The world needs to be more aware of feminism. This paper explains issues that must be addressed by children around the world who do not know their own rights and who suffer from problems alone. Women’s rights must be taught, and the government should take responsibility for educating people about them. Laws against crimes against women should be strong and strictly enforced so that no one dares to commit such crimes. Only then can a woman be proud of her motherland.

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