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Kalyanrao Peddireddi
Resource Centre / Categories :- Miscellaneous  » Miscellaneous
LEGAL RIGHTS FOR GIRLS & Women, Development, Women empowerment, Safety, Protection and Welfare under the Constitution
Kalyanrao Peddireddi | 01/01/1970

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.  Gender disparity manifests itself in various forms, the most obvious being the trend of continuously declining female ratio in the population in the last few decades. Social stereotyping and violence at the domestic and societal levels are some of the other manifestations. Discrimination against girl children, adolescent girls and women persists in parts of the country.

 

What is Women Empowerment?

In the simplest of words it is basically the creation of an environment where women can make independent decisions on their personal development as well as shine as equals in society. Women want to be treated as equals so much so that if a woman rises to the top of her field it should be a commonplace occurrence that draws nothing more than a raised eyebrow at the gender. This can only happen if there is a channelized route for the empowerment of women. Thus it is no real surprise that women empowerment in India is a hotly discussed topic with no real solution looming in the horizon except to doubly redouble our efforts and continue to target the sources of all the violence and ill-will towards women.

Education:

While the country has grown from leaps and bounds since its independence where education is concerned, the gap between women and men is severe. While 82.14% of adult men are educated, only 65.46% of adult women are known to be literate in India. Not only is an illiterate women at the mercy of her husband or father, she also does not know that this is not the way of life for women across the world. Eradicating this gap and educating women about their real place in the world is a step that will largely set this entire movement rolling down the hill to crash and break the wall of intolerance, negligence and exploitation.

 

Health & Safety

The health and safety concerns of women are paramount for the well being of a country, and is an important factor in gauging the empowerment of women in a country. However there are alarming concerns where maternal healthcare is concerned. Poverty and illiteracy add to these complications with local quacks giving ineffective and downright harmful remedies to problems that women have. The empowerment of women begins with a guarantee of their health and safety.

IT May not be out of place to mention here “Women in Vedic Culture”, and “Status of Women in Vedic and Post –Vedic period”,ie., Male and Female, the two basic components of our human Society, depends upon each other and each one of them constitutes about half of the population. We find that man and woman have established as the two wheels of a Chariot. The Rig-Vedic Society was a free society. The Aryans evidently preferred male child to female child. However, Education was equally open for boys and girls and Girls studied the Veda and fine arts.

Women had a very significant and reversed stature as per the Vedas. Manusmiriti says “Wherever women are given their due respect, even the deities like to reside, and where they are not respected, all action remain unfruitful. There is saying, “Where women are worshipped, there the Gods dwell” Or where the women are happy there will be  prosperity. In fact the direct quotes from the

 

 Manu-smriti explains as follows:

Women must be honoured and adorned by their Fathers, brothers, husbands, and brothers-in-law, who desire their own welfare. Where women are honored, there the Gods are pleased; but where they are not honored, no sacred rite yields rewards. Where the female relations live in grief, the family soon wholly perishes; but that family where they are not unhappy ever prospers. The houses on which female relations, not being duly honoured, pronounce a curse, perish completely, as if destroyed by magic. Hence men who seek (their own) welfare, should always honour women on holidays and festivals with gifts of ornaments, clothes and (dainty) food” (Manu Smriti III 55-59).

 

Globalization :

Globalization has presented new challenges for the realization of the goal of women’s equality, the gender impact of which has not been systematically evaluated fully. However, from the micro-level studies that were commissioned by the Department of Women & Child Development, it is evident that there is a need for re-framing policies for access to employment and quality of employment. Benefits of the growing global economy have been unevenly distributed leading to wider economic disparities, the feminization of poverty, increased gender inequality through often deteriorating working conditions and unsafe working environment especially in the informal economy and rural areas. Strategies will be designed to enhance the capacity of women and empower them to meet the negative social and economic impacts, which may flow from the globalization process.

                                                  

Some legislative acts for women at one place:

Let me also share the name of some of the legislative acts which are available in India to protect women’s rights against harassment. These acts are like a boon to women at large to protect their dignity in society.

Please have a look:

1) Dowry Prohibition Act, 1961; 2) The Protection Of Women From Domestic Violence Act, 2005; 3) The Commission Of Sati (Prevention) Act, 1987; 4) The Immoral Traffic Prevention Act, 1956; 5) Civil Procedure Code, 1973; 6) Indian Penal Code, 1960; 7) Hindu Marriage Act, 1955; 8) Child Marriage Restraint Act, 1929; 9) The Medical Termination Of Pregnancy Act, 1971; 10) National Commission Of Women Act, 199011) The Minimum Wages Act, 1948; 12) Bonded Labor System Abolition Act, 1976
13) The Special Marriage Act, 1954
; 14) Foreign Marriage Act, 1969;15) Indian Divorce Act, 1969; 16) The Indecent Representation of Women Prohibition Act, 1986; 17) Guardians & Wards Act, 1869; 18) Equal Remuneration Act, 1976
        The above list is not conclusive but inclusive. These acts have given ample provisions to ensure the protection of women rights like minimum wages, protection from domestic violence, right of equal remuneration, prevention from immoral trafficking, prevention from indecent representation of women etc. So there is no doubt that our judiciary and legislature has taken various effective steps to ensure the dignity of women.

Conclusion:

To conclude I would like to say that Indian women has come a long way and prove that she is capable of doing anything and equal partner in the growth and prosperity of the nation. Women are one of the pillars of the society and it would be very difficult to imagine society without the presence of women. Now it is high time for all of us to understand the power of women. Even our judiciary and legislature has also accepted the fact that women are one of the most important elements of society and their exploitation would not be accepted at any cost. There is one saying that behind every successful man there is a woman.

FOUR PILLARS OF THE WOMEN, PEACE AND SECURITY AGENDA             The women, peace and security agenda is often described in terms of four pillars: participation and representation, prevention, protection, as well as relief and recovery.

Participation: Aims to ensure women´s equal participation and influence with men and the promotion of gender equality in peace and security decision-making processes at national, local and international levels. It includes the appointment of more women, including negotiators, me-diators, peacekeepers, police and humanitarian personnel, as well as support for local women’s peace initiatives.

 Goal and Objectives:

The goal of this Policy is to bring about the advancement, development and empowerment of women. The Policy will be widely disseminated so as to encourage active participation of all stakeholders for achieving its goals. Specifically, the objectives of this Policy include :(i) Creating an environment through positive economic and social policies for full development of women to enable them to realize their full potential; (ii) The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil; (iii) Equal access to participation and decision making of women in social, political and economic life of the nation; (iv) Equal access to women to health care, quality education at all levels, career and vocational guidance, employment, equal remuneration, occupational health and safety, social security and public office etc.; (v) Strengthening legal systems aimed at elimination of all forms of discrimination against women; (vi) Changing societal attitudes and community practices by active participation and involvement of both men and women.

(vii) Mainstreaming a gender perspective in the development process.; (viii) Elimination of discrimination and all forms of violence against women and the girl child; and

(ix) Building and strengthening partnerships with civil society, particularly women’s organizations.

 

 

                                                  

Violence against girls and women

All forms of violence against women, physical and mental, whether at domestic or societal levels, including those arising from customs, traditions or accepted practices shall be dealt with effectively with a view to eliminate its incidence. Institutions and mechanisms/schemes for assistance will be created and strengthened for prevention of such violence , including sexual harassment at work place and customs like dowry; for the rehabilitation of the victims of violence and for taking effective action against the perpetrators of such violence. A special emphasis will also be laid on programmes and measures to deal with trafficking in women and girls.

 

 

Protection:

A political concept that is used and interpret-ed differently by different actors. Protection ensures that women and girls’ rights are protected and promoted in conflict-affected situations or other humanitarian crisis including protection from gender-based violence..

The specific protection needs of refugees or internally displaced wom-en and girls that can occur during the various stages of displacement is particularly emphasized. “Protection” is not the same as “security”, although often associated with it. Women and men experience security differently and focus should be on determining what women and girls need in order to safely participate in society.

              

Prevention:

This pillar focuses on ‘prevention of conflict and all forms of violence against women and girls in conflict and post-conflict situations’ and is the one that has received least attention. It includes integrating gender considerations into conflict early warning systems and involving women and their specific needs in conflict prevention and disarmament activities. It also includes measures to prevent GBV by fighting impunity and increasing prosecutions for perpetrators of conflict-related sexual violence. Other GBV prevention strategies focus on challenging discriminatory gender norms, attitudes and behaviour and working with men and boys, not only as perpetrators, but also victims of violence and agents of change.6

 

Relief and recovery: Aims to ensure that women and girl’s specific relief needs are met, for example in repatriation and resettlement, disarmament, demobilization and reintegration programmes (DDR), the design of refugee camps, support to internally displaced persons (IDPs) and in the delivery of humanitarian assistance. This pillar also promotes the reinforcement of women’s capacities to act as agents in relief and recovery processes in conflict and post-conflict.

 

 

Violence against women:

All forms of violence against women, physical and mental, whether at domestic or societal levels, including those arising from customs, traditions or accepted practices shall be dealt with effectively with a view to eliminate its incidence. Institutions and mechanisms/schemes for assistance will be created and strengthened for prevention of such violence , including sexual harassment at work place and customs like dowry; for the rehabilitation of the victims of violence and for taking effective action against the perpetrators of such violence. A special emphasis will also be laid on programmes and measures to deal with trafficking in women and girls.

Acid attacks on girls

 

 

Rights of the Girl Child

All forms of discrimination against the girl child and violation of her rights shall be eliminated by undertaking strong measures both preventive and punitive within and outside the family. These would relate specifically to strict enforcement of laws against prenatal sex selection and the practices of female foeticide, female infanticide, child marriage, child abuse and child prostitution etc. Removal of discrimination in the treatment of the girl child within the family and outside and projection of a positive image of the girl child will be actively fostered. There will be special emphasis on the needs of the girl child and earmarking of substantial investments in the areas relating to food and nutrition, health and education, and in vocational education. In implementing programmes for eliminating child labour, there will be a special focus on girl children.

 

Crime against women:: A total of 2,44,270 incidents of crime against women (both under IPC and SLL) were reported in the country during the year 2012 as compared to 2,28,650 in the year 2011 recording an increase of 6.4% during the year 2012. These crimes have continuously increased during 2008 – 2012 with 1,95,856 cases in the year 2008, 2,03,804 cases in 2009 and 2,13,585 cases in 2010 and 2,28,650 cases in 2011 and 2,44,270 cases in the year 2012. West Bengal with 7.5% share of country’s female population has accounted for nearly 12.7% of total crime against women by reporting 30,942 cases during the year 2012.

                                                  

MEN, PEACE AND SECURITY

While support to women and girls in conflict and post-conflict settings is crucial, there is growing recognition of the need to look at the impact of masculine identities on gender inequality, conflict and violence. Evidence suggests that violent notions of masculinity not only perpetuate gender-based violence but can also fuel armed conflict, while more positive notions of masculinity can be instrumental in promoting peace.11 Furthermore, while women and girls are the main targets for perpetrators of conflict related sexual violence, men and boys are also exposed to sexual violence in war.12 Despite this, relatively little programming and policy work has been carried out in this area. Sida is a central partner to global and regional organizations working on men and boys for gender equality. The work of these organizations began in contexts of peace, but is now expanding to conflict and post-conflict context.  In some case, strangely a Father had killed his own daughter when his wife failed to get amount from her parented on demand, a case was registered under section 302 IPC and the Court observed in few paras and ultimately convicted him. InA.I.R. August 2014 in journal at page 138, at conclusion, it is observed justice is the quest of man and sense of injustice breeds contempt to system and finally to rebellion. It can neither be denied nor justice is must. It can neither be denied nor delayed for long time. All the stakeholders should strive to secure justice to its seekers and the recipient society should be viligant and should not sleep over denial of justice either by delay or otherwise.”

 

Why we Need women Empowerment?: Need for empowerment arose due to domination and discrimination done by men over women; women are the suppressed lot. They are the target of varied types of violence and discriminatory practices done by men all over the world. India is no different. India is a complex country. We have, developed various types of customs, traditions and practices. These customs and traditions, good as well as bad, have become a part of our society’s collective consciousness. We worship female goddesses; we also give great importance to our mothers, daughters, sisters, wives and other female relatives or friends. But at the same time, Indians are also famous for treating their women badly both inside and outside their homes.

 

WOMEN DEVELOPMENT AND PROTECTION: WHO IS SHE? FEW PERSONS SAY SHE IS  AFTER ALL?. BUT, A daughter is the happy memories of the past, the joyful moments of the present, and the hope and promise of the future. She's a joy, she's an angel- well that's what she thinks; She clings on to your heart like a plug to a sink; She drives you all crazy with make believe games; She'll have you believe that fairies fly planes; She looks like a princess all said and done ; Her face is alive and she giggles with glee; She came into your life and captured your heart; And then from that time you won't stay apart. You may keep your son till he finds a good wife ; But your daughter thinks she is daughter for all of her life. WOMAN is a Mother, Wife, Sister, she is passionate, she is independent , she is home-maker, she is professional, she is giver, she is a friend, She is an artist, She is a thinker, She is a Trendy, She is a Believer, She is Visionary, She is experimental, She is DIVA (Lights of Candle Lamp). She is shakti like Sri Parvati Devi, Sri Lakshmi Devi and Sri Saraswathi Devi.

 

Women Empowerment:

In the simplest of words it is basically the creation of an environment where women can make independent decisions on their personal development as well as shine as equals in society. Women want to be treated as equals so much so that if a woman rises to the top of her field it should be a commonplace occurrence that draws nothing more than a raised eyebrow at the gender. This can only happen if there is a channelized route for the empowerment of women. Thus it is no real surprise that women empowerment in India is a hotly discussed topic with no real solution looming in the horizon except to doubly redouble our efforts and continue to target the sources of all the violence and ill-will towards women.

 

Please read all pages with fresh mind in Morning, share information with Parents, for giving to educated relatives and friends in person or post or email while asking them to do similar thing for improvement of Girls &  Women for success , happiness in their life and development in the society.

 

By KALYAN RAO PEDDIREDDI FORMER DISTRICT & SESSIONS JUDGE

 NOW LIVES AT HYDERABAD.

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