19 Rights and Laws for Women

U. Gowri

epgp books

 

 

 

 

1. INTRODUCTION:

 

This module attempts to deal with the human rights and laws available for women. Though men and women share the common human nature, the rights and laws are commonly applicable for them, there are some special conditions which differentiate women from men. These special concerns put women in a disadvantaged position and women are discriminated against men in all walks of life. Therefore, an understanding about the rights of women will enable us to be aware of and sensitive to their struggles and make us recognize their position in the society. Thus, this module will introduce the various rights that women are entitled to and further, will discuss about the legislations which are enacted to protect them against odd circumstances. Apart from that, it gives an idea about the various efforts taken to make women aware of their rights.

 

2.LEARNING OBJECTIVES:

 

By the end of this module, you will be able to

  • recognize various rights that women are entitled to
  • know various legislative measures available to protect them and
  • understand the agencies of legal delivery system and their role in protection of rights of women.

3.WHAT ARE HUMAN RIGHTS?

 

To understand the rights that women are entitled to, it is essential to know first what human rights are, and how it is common and natural for women and men. Human rights are basically defined as ‘claim rights’ which are personally oriented and morally justified entitlements. They aim at satisfaction of basic human needs, equitable sharing of the resources of the society and finally social justice. The main features of human rights are:

 

They are inherent rights of all irrespective of their nationality, ethnicity, language, class, caste, color, religion, sex, etc. For example, people from Uganda or from Mauritius enjoy the same human rights as of their counterparts in United States or Japan or elsewhere in the world.

 

They are the efforts taken to protect and safeguard the interests of people and secure people from exploitations such as unfairness, discrimination, prejudice, disparity and domination.

 

They facilitate an individual to develop and strengthen her / his personality to the optimum level.

 

4. WHAT DO WE MEAN BY WOMEN RIGHTS?

 

The fundamental privileges which endeavour to secure equal rights for women and remove all forms of gender discrimination are called women rights. When we say that human rights are inalienable, universal in nature and sex or gender should not obstruct from claiming it, it invokes certain basic questions: (a) Do women rights differ from human rights, (b) Are women rights certain special rights which are given to women? (c) Is there any eligibility condition to fulfil that?

 

In view of the gross gender discrimination that exists in world today, this also demands for special emphasis on women and their entitlements. Therefore, by women rights we not only mean, the common human rights that women are entitled to, but also c ertain special care and protection rights endowed upon them, like reproductive rights. Thus, women rights are to be (i) respected, (ii) protected and (iii) fulfilled. While in some countries, women rights are supported by the custom of the land or by their Constitution through enactment of laws, in other countries, they are totally neglected or suppressed. The exercise of these rights differs from one country to another and according to their claim or bias. As a result, we find women are supported, endowed with their rights and treated equally in one part of the globe, whereas in other places, they are mistreated and ignored. But, generally, the issues that are concerned with women’s rights are the right to bodily integrity and modesty, marital rights, voting rights, employment/work rights, equal wages, property and protection against any form of exploitation.

 

With this view, let us see the major International and National legal instruments that are available to protect and support women equality and empowerment.

 

5.UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) :

 

The United Nations (UN) founded with a mission to preserve world peace reaffirms that “all human beings are born free and equal in dignity and rights …. Everyone is entitled to all the rights and freedoms…, without distinction of any kind, such as race, color, sex, language, religion, … birth or other status”. As all women are entitled to all human rights, it is therefore vital to understand the first and most important document prepared by UN addressing human rights.

 

According to UN, there are 30 rights regarded as human rights that are protected in the Declaration called “UNIVERSAL DECLARATION OF HUMAN RIGHTS”. After Second World War, in 1948, a committee headed by Mrs. Eleanor Roosevelt, “declared”, the rights that everyone in the world should have namely the ‘ Human Rights’. Every year, 10t h December is observed as the official UN day for human rights. Today, all the member countries of UN have agreed to adopt the rights protected under UDHR. It recognizes the innate dignity and the absolute rights of people. Let us have a glimpse of some important rights declared by UN.

 

Ø  Freedom and equality: Every individual (woman) is born free with equal rights and so she / he is to be treated equally.

 

Ø  No discrimination: Whatever be the differences in terms of nationality, ethnicity, class, caste, color, religion, race, region, political ideology, language and sex, people ( women and men) should not be discriminated against each other.

 

Ø  Freedom: People (women folk) have the right to an independent and secured life.

 

Ø  Free from serfdom: No one can make anyone (any woman) slave and servitude should be prohibited.

 

Ø  No Torture: Nobody (no woman) should be treated cruelly and any cruel method of torture, degrading treatment or punishment should be inflicted on anybody.

 

Ø  Equal rights: All (women) are to be considered equally by law and have equal rights to use law.

 

Ø  Privacy: Nobody can intervene into the private matters of others (women) like their communication, family and harm their name and reputation.

 

Ø  Right to Marriage and family: Every adult woman or man has the right to marry and start a family.

 

Ø  Property: Anybody (any woman) can buy, sell and enjoy her or his property.

 

Ø  Liberty of thought: Every one can think, hold and express her opinions about anything with other people.

 

Ø  Participation in democracy: Everyone (woman) can participate in elections and form the government and has equal access to public services of her country.

 

Ø  Social protection: Everyone (woman) can have access to social security measures like affordable housing, medical help, education, nutrition and child care, sickness and old age care.

 

Ø  Employee rights: Everyone (every working woman) can choose her or his work and she should be given a positive working environment. Women and men are to be paid equally for equal amount of work done.

 

Ø  Security: Everyone (woman) should have certain minimum living standards for their day to day living and for a healthy family life. She should be able to protect herself during the odd circumstances. Weaker sections like mother and children, old, disabled need special care and assistance.

 

Ø  Education: Everyone (woman) should be given education at free of cost at the elementary stages. Women community should have access to practical and skill training.

 

5.1 Self check exercise:

Human rights are applicable to ——-.

 

a)      children and women

b)      women and men

c)      disabled

d)     All irrespective of age, sex, social status and nationality

(Ans. d)

 

6.   INITIATIVES OF UNITED NATIONS:

 

Earlier, the United Nations instituted a Commission in 1946, which realized the need to draw the attention of the international community towards women’s entitlement and empowerment. It felt that unless and until international level deliberations and discussions were called for, a united action by all the member countries would be difficult. With this notion, a series of World Conferences on Women were held to discuss various women’s issues. To begin with, the first International Conference was held in Mexico in 1975, followed by series of conferences in Copenhagen, Nairobi and in Beijing which is now pursued by a sequence of five-year reviews. Various issues like women in poverty, education and training for women, health, violence against women, power and decision making, human rights, women and environment, the role of media, the girl child issue, etc. were elaborately discussed.

 

Thus, these conferences created a global policy on treatment of women and set an agenda for action. They not only created an international environment to address the rights of women, but also demonstrated the disparity in dealing with the women issues by different cultures. All through these conferences, it was felt very difficult in applying the universally acceptable principles to achieve “gender equality and the empowerment of women”.

 

Hence, it is essential to understand that though efforts have been taken at the international level to guarantee women rights, the exercise of it depends on the various socio, political and cultural systems of each nation.

 

6.1         More to reflect:

 

Ø  Do you think women belonging to various social strata enjoy equal status?

 

Ø  Is it possible for women to address gender discrimination in an international or national forum?

 

If you say ‘yes’, then it can be considered that UN has achieved its mission.

 

6.2         Self check exercise:

  1. ——- is the first human rights declaration adopted by the United Nations.
  2. The United Nation’s Declaration contains ——- articles.
  3. UDHR is applicable to ————-.

(Ans. (1) UDHR (2) 30 religion or cultural background).

(3) To each individual, regardless of gender, race,

 

7. INDIAN CONSTITUTIONAL AND FUNDAMENTAL RIGHTS:

 

Moving to the national efforts taken by the Indian government towards gender equality, Indian constitution prescribes the fundamental responsibility of the Government towards its people and vice versa through an elaborately culled out Fundamental rights and Fundamental duties. The fundamental rights are defined as the justiciable basic human rights which are equal to all irrespective of their caste, creed, sex, race, place of birth, religion, etc. Gender equality and gender justice are enshrined in our constitution in the form of Rights, Duties and Directives to the State. Indian Constitution prohibits all forms of discrimination against women and persuades the States to enact legislations and policies favoring them. Apart from that, our Constitution promotes and encourages the States to have certain affirmative and supportive plans and programmes especially for women and their development. A few important provisions under our Constitution in this regard are

 

Ø  Fundamental Rights

Ø   Fundamental Duties and

Ø   Directive Principles of State Policy

 

Various articles which confirm these privileges to women under them are : Right to equality (14), Prevention of gender bias (15-1), Positive and affirmative action to promote women (15-3), Equal opportunity in employment in any public office and prohibiting prejudice (16), Right to decent life (39-a), Equal pay (39-d), Positive working conditions and relief during maternity (42), Protection of economic interest and encouragement of education of the weaker sections (46), Improvement of nutritional and living standards (47), Rejection of practices that attack the dignity of women (51-A) (e), One third of seats for women to contest for local governance (243- d)  (3), Reservation for women for the post of panchayat leader (243- d) (4), Reservation of one third of seats in Municipality elections to women belonging to SC/ST (243-T) (3), and Reservation of seats for the post of chairperson in Municipality elections to women belonging to SC/ST (243-T) (4).

 

8. LEGAL PROVISIONS UNDER INDIAN CONSTITUTION:

 

Legal provisions applicable to women are of two kinds: one equally applicable to both men and women and another specially intended to women only. They include

  1. Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) – various sections
  2. Personal or Civil laws
  3. Labour Laws and
  4. Women Specific Laws

These legislations cover a wide range of issues concerning women. W hile some laws are enacted to uplift the dignity and status of women, others provide support services, try to eliminate atrocities and violence against women and guarantee them equal rights. According to law, both men and women are equal and are entitled for equal rights. But in reality, it is not so. We find women are oppressed and depressed in family and also in public domains. They are discriminated in, to mention a few, education, nutrition, employment, pay and political participation. Many women are still ignorant and skeptical about the use of various legal provisions available for them. Many are even more doubtful about the consequences of seeking a legal remedy back in their family and society.

 

8.1 The Indian Penal Code, 1860 (IPC):

 

The Indian Penal Code intends to punish every single act or omission of any person contrary to its provisions. If she or he is proved to be guilty, they will be punished to death / imprisonment for life / forfeiture of property or fine. IPC is also concerned with different offences committed against the body, marriage, credit, modesty and assets of women.

 

Criminal laws, apart from other crimes, also deal with crimes against women, identified as rape, dowry, dowry deaths, physical and mental torture, kidnapping and trafficking of girls and women, molestation and sexual harassment. Severe punishments for these crimes are specified under various sections. The offences affecting the human body includes dowry death (Sec.304-B), abetment of suicide (Secs.306 and 307), offences relating to ‘new born child’ (Secs. 315-318), outrage of modesty and sexual harassment of working women (Sec.354 and 509), using coercive force to compel her to marriage and slavery (Sec.366 and 367), wrongfully confining the kidnapped or abducted person (Sec.368), kidnapping or abducting child (Sec.369), offences as to slavery (Sec.370, 371), offences relating to prostitution (Sec.372 and 373), buying minor for prostitution (Sec.373), rape (Sec.375), unnatural offences (Sec.377), Adultery (Sec.497), etc.

 

8.2 Personal or Civil Laws:

 

With reference to personal or civil laws, there is no uniform civil code in India (although the criminal law is equally applicable to all citizens). The civil laws deal with matters related to marriage, property, minority, guardianship, adoption, maintenance and divorce. These are dealt differently in the personal laws of Hindu, Muslim and Christian or in any other religion in India.

 

Though Hindu women today, as per law, have the right to divorce, to property, to adopt and to guardianship, it has not yet culminated into reality. For Muslim women, although the Holy Quran gives equal rights to men and women and places women in the high pedestal, still muslim women are very much insecure, inferior and highly discriminated when it comes to matters relating to marriage, divorce, succession and maintenance. Similarly, among the Christians or women belonging to any other religion in India, there is disparity in the rights of women as compared to men. All these civil laws confer an inferior status to women when it concerns the personal affairs and it has not succeeded completely in eliminating gender inequality.

 

8.3Labour Laws:

 

Labour laws are basically protective legislations applied in industries which grant a few special privileges to women as they are considered physically not powerful. The working women are given due benefits, concessions, protection and safeguards under different labour legislations to provide security against odd working environments. Apart from all other provisions applicable to men, they enjoy certain special liberties like maternity benefits with wages, prohibition of work in dangerous operations in factories or in mines, equal remuneration for equal work, etc. The important labour issues handled by these legislations are working conditions under factories, mines, plantations, annual leave with wages, health provisions, safety conditions, welfare measures, social security benefits, accident coverage, maternity relief, contract labour and equal pay. But again, all these legal provisions are applicable only to women employees who are working in organised sector employment and so, more than 96 % of women emp loyees are not covered under them as they are employed in unorganised or informal sectors.

 

8.4 Women Specific Laws:

 

The other women specific laws deal with various social issues and atrocities against women such as matrimonial relief, trafficking, child marriage, dowry, termination of pregnancy, child labour, domestic violence, representation of women in media, sexual harassment, etc. Based on periodical reviews and emerging requirements, new acts are enacted to defend and protect the welfare of women. But, even after the enactment of these many laws, one could see that the violence against women is on the increase and civil and legal bodies are not able to prevent it.

 

8.5 Self check exercise:

  1. Fundamental rights are ——–.
  2. The Directive Principles are directions to ——–.
  3. Working women are protected through ——- laws.

  (Ans. (1) justiciable               (2) the Government                             (3) Labour

 

 

9.  IMPORTANCE OF LEGAL AWARENESS FOR WOMEN:

 

It is not enough that legal instruments are enacted and detailed modes of operations are culled out. The essence and benefits of this should reach the poor, marginalized, oppressed and needy women. Proper systems should be put in place to ensure that legal needs are addressed by the system. Hence, it becomes even more significant to impart and sensitize women with the existing legal systems or forums to address the issues of gender discrimination and ill treatment.

 

Legal awareness is communicating the knowledge of the various laws enacted to support and protect women and to inform and educate them regarding the legal issues or procedures involved. It aims at removing their ignorance on legal provisions by creating awareness about the entire legal system, which in turn, helps them to participate in the process of bringing a change in the existing system. It facilitates them to demand justice and bring effective solutions.

 

Legal awareness helps women to recognize their legal rights and responsibilities to demand for it or exercise it. Women in conflicting situations can claim for a legal solution and can take necessary and appropriate legal actions. They also understand and try to access the legal systems like police stations and courts. Legal awareness programmes are conducted with the objectives of making women trust the legal system in addressing the women issues at cross roads, raising their legal knowledge and supporting and empowering them to demand for justice.

 

In India, efforts are taken by the National and State Commissions to ensure empowerment of women. They scrutinize the execution of laws which aim at protection and equality. They also make efforts to impart legal information to women towards achieving equality and justice along with other stake holders. They organize various legal programmes to sensitize women with rights and remedies, different systems available to address the women issues or grievances, the legal procedures to be followed in approaching the police or the courts, the role of police and courts, etc. Their role extends to other concerns like electoral rights, voting rights and participation in local Panchayats. Some of the areas where wome n are sensitized include family laws, criminal proceedings, procedures during arrest, claims at workplace, reproductive rights and other social concerns.

 

10.FAMILY COURTS:

 

Family courts are new developments in legal reforms, with reference to issues concerning women. It is a legal set up, an alternative redressal forum, created by the government to discuss, to settle cases involving family and domestic relationships. The concept was first introduced in United States in 1910. In India, by the efforts of Smt. Durgabai Deshmukh and constant pressure from the other welfare institutions, the Family Courts Act was enacted in the year 1984 with a view to promote speedy settlements and negotiations in family and marriage disagreements. According to this act, for every ten lakh population a “Family Court” shall be set up and judges may be appointed to deal the cases. They are permitted to settle the disputes by negotiation and pacification. Legal practitioners play only an advisory role here.

 

Though the other civil legal systems are adequate to deal with grievances related to marriage, family courts try to handle these cases in a friendly environment because of the sensitivity involved in the matters discussed there like validity of marriage, custody of minor children, marital incompatibility, etc. In short, they deal with the families in trouble in a therapeutic manner by engaging professional social workers, welfare officers and psychiatrists and try to find a solution to the problem. But, the shortcomings of this system are that it takes a long time to settle the disputes and the complainant has to undergo lot of backlashes from the family and the community.

  1. ALL WOMEN POLICE STATIONS:

 

These specialized units were first introduced in Brazil in 1985. These stations form part of the civic administration system. The role of All Women Police Stations / units differs from country to country in terms of their legal and administrative functions. Some are authorized to deal with domestic violence only; some stations do not deal with sexual violence of any kind, while some others take up only issues of less severe forms of physical violence. But, generally these stations address issues related to violence of any nature, physical, mental or sexual. Trained female police personnel are recruited with an objective to develop the capacity of them to take action on the complaints of the victimized women.

 

They basically serve as an agency to report the incidences and support the victims through provision of medical care, counseling, financial help and assist them to take a legal course of action. They also provide legal awareness on women’s rights. These stations which are controlled by women police are generally observed as positive initiatives taken by the government as they are easily accessible and approachable. In India, there are 499 women police stations across the country. These stations are set up in many states and are expanding their services to victims or survivors. As a result of this, the number of women coming forward to report and register the incidences has increased.

 

  1. SUMMARY

 

This module is designed to give an over view of the rights women are entitled to. Human rights and social justice are fundamental to any society. In a free society, it is expected that women should fairly do well in different walks of life and enjoy equal status with men. Though there are National and International forums, instruments, legislations and directives available, the condition of women is still not favorable. Women are occupying only a subordinate position even today. Therefore, suitable and supportive efforts are to be taken to encourage participation and development of women as they are deprived and denied of many rights and opportunities.

you can view video on Rights and Laws for Women

References:

  •  Chawla Monica, (2006), Gender Justice – Women and Law in India, New Delhi, Deep & Deep.
  •  Saxena Shobha, (2004), Crimes against Women and Protective Laws, New Delhi, Deep & Deep.
  •  Siddiqi Ehtesham Fatima, (2001), Women and Human Rights – A guide for Social Activists – Part I, New Delhi, Kanishka.

Web links