Name: Nihal Kumar
Academic status: BA.LLB(Hons.) (First Year)-
Vignan Institute of Law, Guntur, Andhra Pradesh
“A political struggle that does not have women at the heart of it, above it, below it, and within it is no struggle at all.” - Arundhati Roy, Author After evaluating everything from Indian history and scrutinizing law related to women in India, it is surprised to see that all laws are proposed and made by men without interference of women view and movement despite of the fact that these laws are need and rights of a woman in each and every aspect of life or events. It took them hundreds of years to get equal voting rights, education rights, matrimonial rights and extent to this there are several basics rights which were not given to women although it's their criteria of life. There are Laws after so much of struggle and constitutional acknowledgement through events and phases of women safety from suppression. The Indian constitution focuses on equality for all irrespective of their sex, in depth it allows the state to make special laws in favor and for betterment of women. Which imparts several laws to protect women from discrimination, violence, sexual harassment and other such offences.
Coming to those causes and their situation or background are:
So-called patriarchal society
Women hold a well-built place in society, whether its sports or education, women have crossed every barrier to reach their aims. But there are some difficulties as earlier it was not as common situation in society for women as now, it is because of male dominant society we were used to live in since ancient times. Men reserved all the rights and benefits for themselves and treated women like a materialistic thing, women were restricted in four walls of house and kitchen. To the worse they were not even allowed to speak in matters of household, not allowed to participate in politics and could not own economic wealth. This type of practice was the major hurdle behind women poor situation and they're under development compared to the men. Violence against women
Women have always been victims of physical and sexual violence and abuse. Often in newspapers and tv media channels we read about such offences. These acts are committed typically because women are considered the weaker sex in view of society. Definitely it’s a stereotype thinking which have been evolved from past and still growing in mindset of people.
Socio-political status
of women in earlier society
In the pre-independence period, the status of women within the country
was in a deprived state. The historical analysis of
the position of women in ancient India shows that women did not share an equal position with men.
Status of women
in different time period of history
1. Ancient India:
In the ancient Indus valley civilization of India, evidence show the worship of the mother goddess. During the Rig Vedic period, it is believed that the position of wife was honored, and women’s position was acknowledged, Education of young girls was considered as an important qualification for marriage. There are references in Vedic literature that in the Kshatriya society, brides had exclusive right of selecting their own consorts, The Rig Veda states that the widow had the right to marry again with her husband’s brother. Rig Veda recognized the right of inheritance of unmarried daughters on the property of her father, but married daughters were exempted. In conclusive statement it can be said that in ancient India women were allowed to participate in social and political activities with few restrictions.
2. Medieval India:
Like the earlier period, women were generally considered mentally inferior. Their duty was to obey their husband blindly. Women continued to be denied the right to study the Vedas. Furthermore, the marriageable age for girls was lowered, thereby destroying their opportunities for higher education. Similarly, most of the women were made to believe that their ideal place was the home. Thus, they were persuaded by circumstances to accept their inferiority and secondary position. Men being providers, women became dependent on them economically for their subsistence except for the labor classes, where both men and women participated in subsistence farming and other occupations. Many social evils like female infanticide, Sati, child marriages, Purdah system, or zenana (the seclusion of women), developed during the Middle Ages due to the political instability of Northern India, especially due to various invasions. Polygamy came into practice. Muslim rulers in India had large harems. Thus, women came to be regarded as instruments of sensual satisfaction. Even among the Hindus there was no limit set to the number of wives a man could take, and a Muslim man could have as many as four wives. The condition of the Hindu widows became more miserable during the medieval period. Rigidity of caste system denied them the right to freedom and social mobility. A widow was secluded from society and was devoid of any worldly pleasure. This era were absolute men dominant and unfair for women.
3. Post Mughals
era/ British era
Women in modern India have largely been influenced by the programs of reform and upliftment largely influenced by the western democratic and liberal ideology. Before the advent of the British in India, the life of women was rather oppressive, and they were subject to a constant process of subjugation and social oppression. During the British rule, a number of changes were made in the economic and social structures of Indian society, and some substantial progress was achieved in elimination of inequalities between men and women, in education, employment, social rights, etc. Through the large-scale participation of women in the national freedom movement, many evil systems disappeared without any specific legislative measure taken against it. The present situation of women in Indian societies and different rights by legislations-
Background of these rights are the history of suppression of women and certain crimes against women in India.
Let us have a look at some rights that every woman should be aware:
➤ Right to marry a partner of your choice.
Free consent is absolutely necessary for a valid marriage. In earlier times there was absence of consent, in some cases forcefully too that leads to unforeseen problems after marriage. So now every girl who is eighteen and above has liberty to choose a partner of her choice. It comes under right to life essential to article 21.
Right against polygamy marriage
According to law, marital relation has to be monogamous excluding Muslims, so no one can marry again during the period of a current spouse. Such act is punishable under section 494 of the Indian Penal Code,1860.
➤ Right against marital rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. Every single woman has complete autonomy over her body, and no one can force her to establish sexual relationship without her permission, that would amount to rape. A husband has presumed marital accord to live together with his wife who is above 18 years of age, but if he sexually abuses his wife, the woman has right to get safety under section 18 of the Domestic Violence Act,2005.
➤ Right against arrest at night
Section 46 (4) says that out of the ordinary situations, no women shall be arrested after sunset and before sunrise, and when such exceptional circumstances exist, the woman police officer, by making a written report, should get the prior permission of a first-class Judicial Magistrate within whose local jurisdiction the offense is committed, or the arrest is to be made.
Right against domestic violence
Under section 3 of
domestic violence act,2005 any kind of physical beating, abuse, mental harassment and economical pressure toward woman in
home is punishable offence.
Right to matrimonial remedies
If any women want to seek judicial separation, maintenance or divorce from her husband she can do so under the respective law. There are certain special grounds that are available to a wife alone, also in a case where any girl is married before attaining 15 years of age has a special right called ‘option of repudiation’, which she can exercise between 15-18 years of age in order to repudiate the marriage.
Right against sexual harassment
Every woman has a right to safety inside as well as outside her home. Thus, she has a right to protect herself against sexual harassment at workplace or otherwise. There is a specific law that safeguards women against any kind of sexual harassment at workplace.
Right to privacy
She has a right to complain if anyone follows her physically, monitors her activities online or repeatedly tries to foster interaction with her despite a clear indication of disinterest from her side.
Right to equal pay for equal work
Equal Remuneration Act makes it illegal to discriminate against women and they are entitled to equal wages for equal work.
Some others right given to women Right to maternity benefit.
Right to adopt
Right to register FIR
Right to renounce all practices that are derogatory to womanhood.
Right to free legal aid
Right to have investigation conducted in a dignified manner.
Conclusion
Though keeping
a daughter knowledgeable of her rights is
a elementary responsibility of every parent, it is also vital that you take a
more lively part in safeguarding
that your daughter has a well and happier future. By taking steps such as not offering a dowry and by
shifting the attention from marriage to education, you can do your part in breach the
cycle of abuse that has been going on for times. However, to guarantee a broad change
in society's understandings on women, it is crucial that you teach not only your
daughters but also your sons to identify the difficulties faced by women
today and how to treat
women with the respect that is their due.