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GENDER JUSTICE

Human dignity is the most supreme attributes of the society. Every human being at the end of the day strives for that dignity to which he/she is entitled to. The Constitution of India also provides that every citizen irrespective of their caste/creed/sex/origin should not be deprived of their human dignity. Gender equality is fundamentally related to sustainable development and globally accepted as a necessity for the promotion of human right. Gender inequality refers to unequal treatment or perceptions of individuals based on their gender. It arises from differences in socially constructed gender roles. Status of women is the foundation for the progress of the society and it is very important part for human development. In India even today the birth of a girl child is not accepted happily. There are even instances where a girl child is killed even before she is born. A girl child is more neglected in Indian society. Discrimination goes on unabated whether it is in the field of survival, health, education, employment or in other broader perspective of social life.

It is harsh reality that women have been ill-treated in every society for ages, especially in India. The irony is that in our country where women goddesses are worshipped on the same hand women in reality have to face such atrocities from the society. Women are also deprived of economic recourses and are mostly on man for their living. This is also because women in our country are brought up with the feeling that they are not capable of anything other than slavery. They seldom are taught to be independent and hence they are also deprived of good education. The patriarchal system in India made women to live at the mercy of men, who exercise unlimited power over them. In order to amdiorate  the condition of women in India Legislature enacted the large volume of enactments and many of the legislations were enacted in the colonial period for example 1829,Abolition of sati, 1856 Widow remarriage made legal,1870 Female Infanticide Banned, 1837 Women get special right to property, 1961 Dowry prohibition act was passed.

The Constitution of India also lays down certain provision which deals with women rights. Article 14, 15(3), 39(a), 39 (e) lays down that the State cannot deny any person the equality before the law and equal protection of laws within the territory of India. It also prohibits the state to discriminate against the citizen on the grounds only of religion, race, caste, sex, place of birth or any of them. The State shall also make special provisions for women and children. Equality of opportunity has also been incorporated in article 16 of the Indian Constitution which shall not be discriminated on the basis of religion, race, caste and sex.

The Indian Judicial system ha independently and effectively intervened on the issue of women emancipation. In C.B.Muthamma V.Union of India the validity of the Indian Foreign Service Rules of 1961 was challenged which provided that a  female employee to obtain a written permission of the Government in writing before her marriage is solemnized and at any time after a marriage a women member of the service may be required to resign from service. The Supreme Court held that such provision is discriminatory against women and hence unconstitutional.  In Air India V Nargesh Mirza, the Supreme Court struck down the provision of rules which stipulated termination of service of an air hostess on her first pregnancy as it arbitrary and abhorrent to the notions of a civilizes society. In Pratibha ranu V Suraj Kumar the supreme court held that the stridhan property of a married woman to be placed in her custody, and she enjoys complete control over it, the mere fact that she is living with her husband and using the dowry items jointly does not make any difference and affect her right of absolute ownership over them.. In Vishaka and others V  state of Rajasthan, the Supreme Court held that sexual harassment of working women at her work place of an employment amounts to violation of rights of general equality right to life and liberty which is clear violation of Article 14 15 and 21 of the Constitution.

In spite of having so many enactments dealing with women issues yet the rate of women related crimes are on high. The discrimination is still so prevalent which is unfavorable for the social environment. Until the mindset of the society changes it is difficult to regula

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