awareness of women's human rights for national

Arora M. (2015) “Human Rights, Civilization and Culture in Emerging Globalized World” Twenty First Century Publication Patiala ISBN 978-93-85448-04-1 PP. lxiv- lxxv

AWARENESS OF WOMEN’S HUMAN RIGHTS FOR NATIONAL DEVELOPMENT Mamta Arora*

“You can tell the condition of a nation by looking at the status of its women” — Pt. Jawaharlal Nehru “There is no chance of the welfare of the world until the condition of women is improved. It is not possible for a bird to fly on one wing.” —Swami Vivekananda “Give women equal rights and entire nations are more stable and secure. Deny women equal rights and the instability of entire nation is almost certain.” —Hillary Clinton “There will never be a new world order until women are a part of it.” —Alice Paul “There is no tool for development more effective than the empowerment of women.” —Kofy Annan “I raise up my voice—not so I can shout, but so that those without a voice can be heard…we cannot succeed when half of us are held back.” —Malala Yousafzai Keywords: Women’s Rights, Domestic Violence, Legislative acts, Women helpline no.

Introduction Women occupy a very noteworthy and decisive place in the social, cultural, economic and political life of India. Their significance is evident both in modern and traditional sectors, not only as housewives and mothers in society an eminent role and in overall national development. India is growing at a faster rate .It can be considered as Superpower of the nation in the international ground. 1 This potential is attributed to several indicators, the primary ones being its demographic tendency and a rapidly expanding economy and GDP Therefore the rights and opportunities that have been provided for all of us in the Constitution are also gaining importance. Women have taken the central stage by progressively moving into the workforce and getting career-oriented. It is indeed a matter of pleasure that the position of women has improved in the last four decades. But still somewhere it is felt that even today Indian women are struggling to maintain their dignity and freedom.2 Mental and physical torture of women is still again common today and that is why *

Associate Prof. Biotechnology, A.S.B.A.S.J.S.M. College, Bela, Rupnagar.

they are feeling unsafe during crucial periods of development of the nation. 3 Mental, Physical and Sexual harassment and gender inequality continue to be a way of life for most of them which is becoming a hindrance in national development.4 One of the problems behind this situation is lack of awareness of legal and constitutional rights of a woman. Most unfortunate part of this is even educated women are not fully aware about their rights5. Through this article I am going to share few legal and constitutional rights of a woman. With the proper knowledge of legal and constitutional rights, a woman can maintain and can strengthen their position in society. Constitution of India and Women Rights India’s Constitution makers were very determined to provide equal rights to both women and men. The Constitution of India is one of the finest equality recommendation in the world. It provides provisions to secure equality. There are various articles in the Constitution which protect women’s rights by putting them at par with men not only socially and politically but also economically.


1. Preamble: The Preamble to the Constitution of India assures justice, social, economic and political; equality of status and opportunity and dignity to the individual. Thus it treats both men and women equal. Fundamental Rights: The policy of women equality and dignity is well ingrained in the Fundamental Rights enshrined in our Constitution. For instance: Article 14 ensures to women the right to equality.  Article 15(1) particularly prohibits discrimination on the basis of sex.  Articles 15(3) give powers to the State to take affirmative actions in favour of women.  Article 16 provides for equality of opportunity for all citizens in matters relating to employment 

2. Directive Principles of State Policy: Directive principles of State Policy also includes important provisions regarding women equality, dignity and empowerment. It is the duty of the government to pertain these principles while creating laws or preparing any policy. Some of these are: Article 39 (a) grant that the State to direct its policy towards securing for men and women equally the right to an sufficient means of livelihood.  Article 39 (d) direct equal pay for equal work for both men and women.  Article 42 define that the State to make provision for securing just and humane conditions of work and for maternity relief. 

3. Fundamental Duties: Fundamental duties are protected in Part IV-A of the Constitution It also contains a duty related to women’s rights: Article 51 (A) (e) anticipate from the citizen of the country to promote harmony and the spirit of common brotherhood amongst all the people of India and to abandon practices derogatory to the dignity of women.6 4. Other Constitutional Provisions: Through 73rd and 74th Constitutional Amendment of 1993, a very imperative political right has been given to women which is a landmark in the path of women dignity and empowerment in India. With this amendment women were given 33.33 percent reservation in seats at different levels of elections in local governance i.e. Panchayat level, Block level and Municipality elections.7

S. No. 1.

2.

3.

4.

5.

Table-1 Description of Women’s Rights Enshrined in the Constitution of India8,9 Type of Right Description Name of Act Right to equal pay

One cannot be discriminated on the Equal Remuneration Act, basis of sex, when it comes to salary or wages. Right against It gives the right to file a complaint The enactment of the harassment at against sexual harassment. Sexual Harassment of work Women at Workplace Act Right against A female can file case against her The Protection Of domestic violence husband/in laws etc. She or anybody Women From Domestic on her behalf, can file a complaint. Violence Act, 2005 Right to Maternity benefits are not merely a The Maternity Benefit Act maternityrelated privilege of the working woman, they benefits are a right. ensures that the new mother does not suffer any loss of earnings. Right against It allow a woman to experience the (Prohibition of Sex female feticide most basic of all rights — the right to Selection) Act (PCPNDT life.) ensures her right against female feticide.


6.

Right to free legal All female rape victims have the right aid to free legal aid. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.

Legal Services Authorities Act.

7.

Right not to be arrested at night

This was ensured by Criminal Procedure (Amendment) Act, 2005 subsection 4 section 46 Under section 164 of the Criminal Procedure Code

8.

9. 10.

A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate. Right to dignity If accused is a woman, any medical and decency examination procedure on her must be performed by or in the presence of another woman. Right to property It allows women and men equal share in inheritance. Right to not Women cannot be called to the police being called to station for interrogation under the police station

The Hindu Succession Act Section 160 of the Criminal Procedure Code.

Now I will discuss major crimes against women along with the legal provision which penalize the criminal. Table-2 Major Crimes against Women along with the Legal Provision which Penalize the Criminal.10 S. No.

1.

2.

Major Crime Against Women Adultery

Child marriage

Description

Legal provision

Penalty

Adultery is a very serious crime against women in India and affects married women by and large. In simple words adultery means having voluntary sexual relationship with a married person other than the spouse. Child marriage is a very awful offence against child as it does not only harms the future of child but also damage social values.

The offence of adultery is dealt with by section 497 of the Indian penal Code, 1860, As per section 497,

the offender shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.

Child Marriage Restraint Act, 1929 then The Prohibition of Child Marriage Act, 2006

rigorous imprisonment for 2 years or with fine which may extend to one lakh rupees or both. Offence under this Act is cognizable and non bail able 11


3.

Female feticides

Female feticide means identifying and killing of female fetus before they take birth.

4.

Trafficking and Prostitution

Trafficking means import and export of humans for sex business. prostitution is offering of sexual services for earning money.

It has been prescribed by Pre conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) Act, 1994, for the offence of Female feticides. The Medical Termination Of Pregnancy Act, 1971 There are quite a few laws in India in order to prevent the crime of prostitution like Suppression of Immoral Traffic in Women and Girl Act 1956 and Immoral Traffic (Prevention) Act 1956.

Punishment of 3 years imprisonment and Rs. 10,000 fine

Punishment of maximum of ten years imprisonment and a fine. 12


5.

Domestic Violence

Domestic violence means mental, physical, emotional and economical harassment of a woman by husband or/and family members. Four types of cruelty are dealt  conduct that drives or likely to drive a woman to suicide,  behavior which is likely to cause serious injury to the life, limb or health of the woman,  harassment with the purpose of compelling the woman or her relatives to give some property  harassment since the woman or her relatives are not able to fulfill demands for more money or do not give some property. Different forms of "cruelty" documented by the Courts under Domestic Violence  Persistent denial of food  Insisting on wicked sexual conduct  Continuously locking a woman out of the house  Refusing the woman access to children and therefore causing mental torture  Physical violence

Section 498A of Indian Penal Code, 1860 mentally, economically or emotionally. An act called Domestic violence Act, 2005 was introduced to handle the cases of Domestic violence in India.

The penalties include fines, Jail, protective orders, Supervised visits with children, Termination of parental rights, deportation for alien 13


6.

Eve teasing

 Taunting, demoralizing and putting down the woman with the motive of causing mental torture  Confining the woman at home and not allowing her for normal social contact.  Abusing children in their mother's presence with the purpose of causing her mental torture  Denying the parenthood of the children with the intention of imposing mental pain upon the mother  Threatening divorce unless dowry is given.20 Eve teasing involves teasing women, passing comments on women and making vulgar signs

Section 354 in The Indian Penal Code Section 509 in The Indian Penal Code Criminal Law (Amendment) Act, 2013 Section 354 A,B,C,D14

Section 298 (A) and (B) of Indian Penal Code prescribes upto three months imprisonment for making obscene gestures or remarks to a woman. For showing pornographic or obscene pictures, books or slips to a woman, Section 292 of the IPC prescribes upto two years imprisonment. The same punishment, with


7.

Acid throwing:-

The issue of acid throwing on girls has also become a big issue.

8.

Fraudulent Marriage

Fraud means hiding something or giving false impression about something which a person knows that knowing the fact may harm his prospective marriage. This is not necessary that fraudulent marriages only took place in case of NRI’s even Indian grooms also do the same for money or for boy child or for any other reason

9.

10.

Exploitation In all sectors women are at work working hard and getting awards and rewards but place sometimes she has to face exploitation at work place Rape is another very Rape, serious crime against murder women and this crime is increasing day by day like anything.

Prevention of Offences (by Acids) Act, 2008 Section 326 of the IPC 16

Foreign Marriage Act, 1969 And Section 496 of IPC 17

The Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 18 Provisions related to rape are given in section 375 and 376 of the Indian Penal Code, 1860.

or without a fine, is meted out under Section is 354 (IPC) to those who use force or assault a woman to outrage her modesty. 15 Imprisonment of 5 years extended upto 10 years and non cognizable,non bail able non compundable.16 imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 17

Penalties range from one to three years imprisonment and/or a fine.19 Who ever commits the offence of rape shall be punished with imprisonment of either for a term which shall not be less than seven years (7) but which may be for life or for a term which may extend to ten years and shall also be liable to fine.


11.

Dowry

The system of dowry is another social evil. Various dowry based domestic violence cases has been reported by media.

Civil law of India has Dowry prohibited the payment of Prohibition Act, dowry in the year 1961. 1961 Further Indian Penal Code, 1860 has introduced Sections 304B and 498A, which allows women to file complaint and seek restoration of her rights from serious harassment by the husband's family. Keeping in view the increasing cases of dowry deaths another legislative provision called “Protection of Women from Domestic Violence Act 2005”, was introduced in order to reduce domestic violence cases and to protect women's rights.

Let me share the name of some more 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

The Commission Of Sati (Prevention) Act, 1987 Civil Procedure Code, 1973 Indian Penal Code, 1960 Hindu Marriage Act, 1955 National Commission Of Women Act, 1990 The Minimum Wages Act, 1948 Bonded Labor System Abolition Act, 1976 The Special Marriage Act, 1954 Indian Divorce Act, 1969 The Indecent Representation of Women Prohibition Act, 1986 Guardians & Wards Act, 1869 Equal Remuneration Act, 1976

This list is not conclusive but inclusive. These acts have given sufficient provisions to ensure the protection of women rights. So we should feel proud that our judiciary and legislature has taken various effective steps to guarantee the dignity of women. National Initiatives to Curb the Women Violence 1. National Commission for Women: In January 1992, the Government set-up this body with a specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided for women, and to review the existing legislation to suggest amendments wherever necessary etc. 2. Reservation for Women in Local Self -Government: The 73rd Constitutional Amendment Acts which was passed in 1992 by Parliament ensure that one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas are reserved for women. 3. The National Plan of Action for the Girl Child (1991-2000): This plan of Action is to ensure survival, protection and development of the girl child so that better future for the girl child can be bulid. 4. National Policy for the Empowerment of Women, 2001: The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a “National Policy for the Empowerment of Women” in the year 2001. The aim of this policy is to bring about the advancement, development and empowerment of women.21


Suggestions/Approach Towards Safety of Women Law making, law interpreting and law enforcing bodies are meticulously doing their work, further need is: To enhance reporting of rape and assault cases: To increase the reporting of such cases we need to empower the women. She must be educated on their rights and encouraged to come forward to register any such type of complaint. There are more violent cases than filed in India but due to stigma in the society no action is taken on them.  Law enforcement agencies: Low enforces should be well trained to react fastly and with sensitivity towards the women.  Exemplary punishment: Punishment of every culprit need to be exemplary.  Campaigning of Zero- tolerance of sex offenders. More and more fast track court should be established.  Proper planning of the city: Every city should be planned properly. In unplanned areas more women crime take place.  Indian Police system: Although Policing system has improved a lot but still more improvements need to be done. Recommendations of supreme court should immediately be followed. Persons should be trained in this area.  Free docile services related to technology should be provided to girls/women so that she can report any type of incidence without any embracement and hesitation  Participation: Some bodies should be made in which women from local areas are willing to participate and with tools like negotiation etc. try to bring the problem to the front so that a solution could be easily found.  Executive body: The executive body has to work very conscientiously in this field because normally such type of exploitation takes place inside the four corners of the workplace.  Proper accomplishment: Government has to work for proper accomplishment of the law and be so strict that the culprit should not escape using some loopholes.  Proper functioning of helpline no.: Private bodies who are working in the field of women violence issues some helpline numbers have been started. These should be properly functional from different levels of implementation so that women could take necessary measures as per her requirement.  Same law for everyone: Law should remain same for everyone. No recommendation should be considered at any level.  Women Cell: Women cells should work on fair basis. 18,22 

Conclusion Women in India, through their own merciless efforts and with the help of Constitutional and legal provisions and with the support of Government’s various welfare schemes, are trying to find their respectable position in the society. She is not only participating in employment (government as well as private) and in socio-political activities of the nation but also at highest decision making bodies leading to nation development. She is capable of doing anything and equal pillar 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 existence of women. There is saying that behind every successful man there is a woman. This saying proves that men and women both are necessary component of society. Women plays different role in her life which is not an easy job. During her life she acts as daughter, wife, sister and mother. Due care and respect must be given to her and we should understand their efforts towards welfare of the society at large and national development. The need of hour is to educate and sensitize not only male members of the society but female members also regarding her issues and try to inculcate a feeling of togetherness like two sides of a coin which are inseparable and they must feel equal so that discriminatory practices towards the fairer sex


can be stopped. Women are entitled to respect. If every parent taught his/ her son to respect a girl or/and women and treat them with dignity, a day would have come when no fear for the safety of their daughter would be there and that would be a true and real education. There is a need to change our mindset. Therefore let us start efforts from our homes by providing them equal opportunities not only in education, health, decision making but in nation development. Without any discrimination. India will become superpower only if it truly involve second half in nation development. Women Helpline No. WHOLE INDIA - 1091 (TOLL FREE) Women Helpline No. of States of India24

1.

S. No. 1.

2.

Statet /UT Andhra Pradesh

2. 3.

Bihar Chandigarh

4.

Delhi

5.

Haryana

6.

Gujarat

7. 8.

Himachal Pradesh Karnataka

9.

Kerala

10.

Madhya Pradesh

11.

Maharashtra

12.

Punjab

13. 14.

Rajasthan Tamil Nadu

15. 16.

Tripura Uttar Pradesh

17.

West Bengal

Telephone No./ Mobile No. National Commission for Women - 011-13237166 Women Police Station - 040-27853508 18003456247 / 0612-2320047 2741900, 1091 Samvad - (0172) 2546389 National Commission for Women - 23237166, 23234918 Delhi Commission for Women - 23379181, 23370597 Women Protection Cell - 24673366/4156/ 7699 0124-2335100 Women in Distress – 9911599100 1091 27470036 9816066421, 09418636326, 09816882491, 9418384215 22942149, 1091 Women Commission - 080-22100435/ 22862368, 080-2216485 1091 0471-2322590, 2320509, 2337589, 2339878, 2339882 2522111 Women Commission - 2661802, 2661804, 2661805,2739804, 2661808 Police Helpline for Women -103 Helpline for Women - 26111103, 1298 Commission - 0172-783607 Helpline - 1091, 9781101091 Samvad - (0172) 2546389, 2700109, 276000114 0291-0141-27445 96 Commission - 044 –28592750 1091 Women Helpline Numbers - 0381-2323355, 03812322912 (0522) 2387010 Commission - 0522-2288353, 9415293666 913323595609, 913323210154

Women Cell Helpline No. in Districts of Punjab23 S. No. 1.

District /UT Chandigarh

2.

Amritsar

3. 4. 5.

Bathinda Barnala Faridkot

Telephone No./Mobile No. 2741900, Nari Niketan 2750003 9463523343, 0183-2565286 Nari Niketan 2572766 9878421444, 0164- 2240680 (pp) 9417470894, 01679-234045 (pp) 9878341729, 01639-250920


3.

6.

Fatehgarh Sahib

7. 8. 9. 10.

Ferozepur Gurdaspur Hoshiarpur Jalandhar

11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

Kapurthala Ludhiana Mansa Moga Muktsar Nawanshahar Patiala Roopnagar Sangrur SAS Nagar Taran Taran

99150-13044, 9915013045, 01763509986 (PP) 9855253800, 01632-244883 9876013297, 01874-245396 9876004627, 01882-246481 9915716124, 0181-2227296 Nari Niketan 2253564 9463611985, 01822-220900 9815800475, 0161-241492(PP) 9815767305, 01652-229010(PP) 9915476599, 01636-236500 9815310918, 01633-263622(PP) 9814920687, 01823-226243(PP) 9876432056, 0175-2311108 9814101339 9876016193, 01672-231381-82 9876517145, 0172-5092725 9915450099, 01852-226100

For Women in Distress25 Central Social Welfare Board-Police Helpline Shakti Shalini SAARTHAK Delhi Police HELPLINE National Human Rights Commission Punjab Human Right Commission

1091/1291 (011) 23317004 10920 (011) 26853846/ 26524061 1091 (011) 23385368/9810298900 0172 302 9619 References

1. https://en.wikipedia.org/wiki/India_as_an_emerging_superpower 2. mooveonn.com/post/192/Know-Your-Rights.html 3. www.mypunchmysafety.in › News & Updates 4. www.dailyo.in/politics/indian-women-legal-rights-marriage...sexual.../6381.html 5. www.saathiyafoundation.org/women-right.html 6. www.indiacelebrating.com/social-issues/women-empowerment/ 7. www.legalmirror.in/doc/legalmirror%20v1i2FINAL.pdf 8. http://www.dailyo.in/politics/indian-women-legal-rights-marriage-domestic-violencesexualharassment/story/1/6381.html 9. http://timesofindia.indiatimes.com/life-style/relationships/man-woman/10-legal-rights-thatwomenshould-know/articleshow/50742542.cms 10. http://www.indiastudychannel.com/resources/155065-Legal-Constitutional-rights-womenIndia.aspx 11. https://en.wikipedia.org/wiki/The_Prohibition_of_Child_Marriage_Act,_2006 12. https://en.wikipedia.org/wiki/Human_trafficking_in_India 13. http://www.attorneys.com/domestic-violence/charges-for-domestic-violence-penalties/ 14. https://www.quora.com/What-is-the-definition-of-eve-teasing-as-per-Indian-law 15. http://www.hindustantimes.com/kolkata/eve-teasing-is-punishable-do-not-endure-itsilently/storya8ZcakrMUHnzUVnoT5pf1K.html 16. http://www.stopacidattacks.org/p/law.html 17. http://www.indianlawcases.com/Act-Indian.Penal.Code,1860-1962 18. Roopa Vijaywargiya Sexual harassment of women at workplace in India: Law and its Applicability ISSN 2348 - 8891 http://altius.ac.in/pdf/60.pdf 19. https://en.wikipedia.org/wiki/Sexual_Harassment_of_Women_at_Workplace_(Prevention,_ Prohibition_and_Redressal)_Act,_2013


20. 20 http://indiatogether.org/manushi/issue137/laws.htm 21. India, Ministry of Women and Child Development, Annual Report 2011-12, p. 20 22. http://www.countercurrents.org/ranjan300113.htm 23. http://punjabwomencommission.gov.in/helpline.html 24. https://www.facebook.com/notes/i-can-save-life/women-helpline-telephone-numbers/ 523635827670117/ 25. http://ncw.nic.in/frmhelpline.aspx