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Evolution Of Women Related Laws



किसी को भी मत कहने दो कि तुम कमजोर हो क्योंकि तुम एक औरत हो


This Article is written by Tejashwani Bhushan a second-year BA LLB student at Guru Gobind Singh Indraprastha University in Delhi. In this article it has been mentioned the Historical side, this paper covers the side of woman from past history to the current world. It shows how the law of our country has contributed its best to alter the lives of woman, Education and economic development, In this article it’s additionally been highlighted the women’s social and cultural rights and additionally the the government has provided rules to make sure women’s right to equality and providing them with equal opportunities so as to boost their standing within the society.


Introduction

A lady, wife, mother, grandmother, altogether every woman is the keystone of their family. This world is incomplete without a woman. It can never be denied that progress in terms of gender equality is uneven, however the equal pay and political illustration of men and women to visualize simply however wrong they're. From the very beginning of this world women are treated as the weaker section of the society and they are the victims of the crimes like rape, eve teasing, female infanticide, dowry, domestic violence, child marriage and acid throwing. Violence in opposite of women, especially sexual violence, It is a serious cover in India, and womens always been victims of the crimes such as 'Murder, Robbery, Cheating' etc, the crimes which are directed specifically against women, are characterized as 'Crime against Women'. Many women who are harassed by their husbands and in-laws files case under 498A. Lots of them live in rural areas, unaware of law or lack of necessary economic and moral support from their families.


Women are so pure, whatever they’re going with they carry the smiles on their faces and freshly cooked meals on the tables, they used to wait for their husbands to come back home from work, their ambitions were only centered on the marriage, fulfillment of the role of a proud housewife and devoted mother and the economic security for their husbands. Womens at that time they were only allowed to live beneath the shoes of their husbands and fathers, its always been a problem that the position of women did not progress,The conception of equality remains at emergent stage in these areas. Law is a system of rules created and enforced to govern and to settle the behaviour of people. Rules are being created to secure the lives of the ladies from the violence of their families and societies, and to produce them the rights that they're the real house owners.

Despite some basic changes in the status and role of women in the society, No society treats its women equally as the men are being treated. The standing of women in India has been subject to several changes over the span of recorded Indian history, There have been huge changes for women in terms of employment in the past decades, Women moving into paid employment outside the home in ways that their grandmothers and even their mothers could only dream of, This way of thinking is killing many women within the name of family honour and has destroyed many families at length. Gender based mostly crime and discrimination is simply destroying the society. Ones thinking will never change until they don’t respect women. The women may be limited in a small way because of their being women, they are no more called the weaker sex!

Why it is important that boys have to leave there village for better opportunities and girls needs to stop there studies? Why always a girl need to survive and boys need to live?


Historical Aspect

If we uncover the leaf of history not at any place men and women were treated alike and assigned the same status. Women have been always fighting for their rights and position in society. The dominating environment, fought for themselves and their countries. Indian society, which had undergone a drastic change since the vedic ages, had curtailed several rights of women and had limited the participation of women in public life. At the ancient time the women either worked in factories or were working as the labours, but they were very lessly allowed to study. The society was normalising if the girls will work outside or as the labourers or to become the shokeepers but they won’t accept if they will study and went some other place for higher studies.


In the time of medieval period the status of women in hindu society was lowered, Before marriage the girls supposed to be remain under the care of fathers, after marriage that of husband and during widowhood that of the children. The women were supposed to serve their husband and that was their foremost duty. It was during the period when ‘Sutee’ system came to stay in the society. ‘Sutee’ remained primarily a privilege of the higher castes. During this period they don’t have the alternative to choose there life partner. After the establishment of British rule in India a major changes occurred in the Indian Society.

A higher women literacy rate improves the quality of life both at home and outside the home, by encouraging and promoting education of children, especially female children, and in reducing the infant mortality rate. Formation of educational institutions and introduction of English education had a wide ranging affect to give way the age-long belief. The English educated group also paid observation towards the reform in the social norms and traditions more particularly they were conscious about the social status of women in india.


During the British Raj, many reformers such as ram Mohan Roy, Ishwar Chandra Vidyasagar and Jyotirao Phule fought for the betterment of women. Peary Charan Sarkar, a former student of Hindu. College, Calcutta and a member of "Young Bengal", set up the first free school for girls in India in 1847 in Barasat.


After Independence, the academic rights of womens were promoted and that they were created attentive to the worth of education. The quantitative relation of girls following higher studies and taking education improved bit by bit since then. the govt. provided many advantages to girls like scholarship, loan facilities, hostel facilities etc, World Health Organization needed to travel bent pursue instruction. By obtaining such advantages an oversized range of girls area unit able to pursue instruction these days. Separate colleges and schools are established for ladies alone. Separate universities are additionally established that area unit among the distinguished universities these days and admits the ladies getting advantage ranks. There area unit several engineering and medical universities in India specially for ladies that provides them with a good quality of education and facilitate in enhancing their careers.

Several women have served in various senior official positions in the Indian government, including that of the President of India, the Prime Minister of India, the Speaker of the Lok Sabha. However, many women in India continue to face significant difficulties. The rates of malnutrition are exceptionally high among adolescent girls and pregnant and lactating women in India, with repercussions for children's health.During the British East India Company rule (1757–1857), and the British Raj (1858–1947), measures aiming at amelioration were enacted, including Bengal Sati Regulation, 1829, Hindu Widows' Remarriage Act, 1856, Female Infanticide Prevention Act, 1870, and Age of Consent Act, 1891. Women's rights under the Constitution of India mainly include equality, dignity, and freedom from discrimination; additionally, India has various statutes governing the rights of women.

Women in India now can participate openly in every feild such as education, sports, politics, media, art and culture, service sectors, science and technology, etc. Indira Gandhi, who served as Prime Minister of India for an aggregate period of fifteen years, is the world's longest serving female Prime Minister.


https://blog.ipleaders.in/position-women-indian-society-independence/


Women's achievements in India


The immovable change in the position of women can be highlighted by looking at what has been achieved by women in the country:

https://en.wikipedia.org/wiki/Women_in_India#Women_in_India_during_British_rule


Safeguarding Woman’s Right

Women and ladies round the world square measure still married as kids or trafficked into forced labor and sex slavery. they're refused access to education and political participation, and a few square measure cornered in conflicts wherever rape is perpetrated as a weapon of war.

Hence, here are the following women relating laws to safeguards womens right.

  • The Hindu Marriage Act 1955 – The act provides women with equal rights to divorce and remarry. Also, the act prohibits polygamy, polyandry and child marriage.

  • The Hindu Succession Act, 1956 – The act provides women with the right and claim over parents property.

  • The Hindu Adoption and Maintenance Act, 1956 – It provides a childless woman with the right to adopt a child and a divorced woman with the right to claim maintenance from her husband.

  • Special Marriage Act, 1954 – It provides women with the rights to inter-caste marriage, love marriage and is only permitted for the girls above 18 years.

  • Dowry Prohibition Act, 1961 – It protects women from exploitation by declaring taking of dowry an unlawful activity.

The advent of British in India in the 15thcentury marked a fundamental change in life and behaviour of people. This change also brought in major changes in the legal system of India. Constitution of India guarantees equal status to all citizens of India including women under article 14 and does not distinguish or discriminate between a man or a woman. Moreover, article 15 empowers the government to make special provisions for women. Women are free to participate in all the religious, cultural, economic and political activities.

Article 15(3) of the Constitution empowers state to make special laws for protection of women and children rights. The reason for such law is that “women’s physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence and her physical well-being becomes an object of public interest and care in order to preserve the strength and vigour of the race.

The Constitution of India guarantees to all Indian women equality (Article 14), no discrimination by the State (Article 15(1)), equality of opportunity (Article 16),] equal pay for equal work (Article 39(d)) and Article 42. In addition, it allows special provisions to be made by the State in favour of women and children (Article 15(3)), renounces practices derogatory to the dignity of women (Article 51(A) (e)), and also allows for provisions to be made by the State for securing just and humane conditions of work and for maternity relief. (Article 42)

  1. Women have the right to equal pay - According to the provisions listed under the Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary, pay or wages. Working women have the right to draw an equal salary, as compared to men.

2. Women have the right to dignity and decency - In an event that the accused is a woman, any medical examination procedure on her must be performed by -- or in the presence of -- another woman.

3. Women have the right against workplace harassment - The Sexual Harassment of Women at Workplace Act gives a female the right to file a complaint against any kind of sexual harassment at her place of work.

4. Women have a right against domestic violence - Section 498 of the Indian Constitution looks to protect a wife, female Live in partner or a woman living in a household like a mother or a sister from domestic violence (including verbal, economic, emotional and sexual) by the hands of a husband, male live-in partner or relatives.

5. Female sexual assault victims have the right to keep their identity anonymous - To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.

6. Women have the right to get free legal aid - Under the Legal Services Authorities Act, female rape victims have the right to get free legal aid or help from the Legal Services Authority who has to arrange a lawyer for her.

7. Women have right not to be arrested at night - Unless there is an exceptional case on the orders of a first class magistrate, a woman cannot be arrested after sunset and before sunrise.

8. Women have the right to register virtual complaints - The law gives women the provision for filing virtual complaints via e-mail, or writing her complaint and sending it to a police station from a registered postal address.

9. Women have the right against indecent representation - Depiction of a woman's figure (her form or any body part) in any manner that is indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or morals, is a punishable offence.

10. Women have the right against being stalked - Section 354D of the IPC makes way for legal action to be taken against an offender if he/she follows a woman, tries to contact her to foster personal interaction repeatedly despite a clear indication of disinterest; or monitor the use by a woman of the internet, email or any other form of electronic communication.

11. Women have a right to Zero FIR - An FIR that can be filed at any police station irrespective of the location where the incident occurred or a specific jurisdiction it comes under, the Zero FIR can later be moved to the Police Station in whose jurisdiction the case falls under.

Bills And Act

  1. The surrogacy (Regulation) Bill

  2. The Muslim Women (Protection of Rights on Marriage) Act

  3. Protection of Children from Sexual Offences (Amendment) Act

  4. The Transgender Persons (Protection of Rights) Bill

  5. The Immoral Traffic (Prevention) Act, 1955

  6. The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)

  7. The Indecent Representation of Women (Prohibition) Act, 1986

  8. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)

  9. Protection of Women from Domestic Violence Act, 2005

  10. The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013

  11. The Criminal Law (Amendment) Act, 2013


  • Right to Equality– Constitution ensures equality to all its citizens including women (Article 14).

  • The Constitution ensures that no discrimination shall be made against any person on the basis of caste, class, creed, sex, race and place of birth [ Article 15(1)].

  • No discrimination shall be made on any grounds of discrimination including sex for providing employment opportunities. [Article 16].

  • The State shall take the responsibility of providing maternity benefits to women employees [Article 42].

  • Providing harmony and fraternity to people doing away with all customs in respect of women.

  • One-third reservation of women in the panchayats – There must be separate seats reserved for women in the panchayats with separate seats for women SCs and STs [Article 243 D (3)].

  • One-third reservation for women in the presidential posts of the Panchayats – Reserving women seats for all posts at all the levels of panchayats (Gram Panchayat, Thaluk Panchayat and Zilla Panchayat) [Article 243 D(4)].

  • One-third reservation in Municipalities – Separate seats for women in all the town municipalities.[Article 243(T) 3].

  • One-third reservation for women in the presidential posts of Town Municipalities

https://en.wikipedia.org/wiki/Women_in_India#Women_in_India_during_British_rule

https://blog.ipleaders.in/position-women-indian-society-independence/

https://www.jagranjosh.com/general-knowledge/bills-acts-for-women-empowerment-1577706474-1

https://www.indiatoday.in/education-today/gk-current-affairs/story/11-women-rights-india-312263-2016-03-08


Social and Cultural Rights of Women

So, what influenced the women in our society to change?


Women have risen to the challenges. Whether it is for protecting or protesting for their rights or public awareness they have not straggle behind. While they are good home makers their roles have expanded to making more and more contribution to society and common cause. The role of women in society is very critical to the development of future.

Women in India are being provided with the legal security to secure their economic, social and cultural lives. The role of women in public life and in the social context has changed in the last few decade. Social changes have made the role different. In the context of today’s environment, they play different roles from business entrepreneurs to Corporate Executives to policy makers. But still there are cultural pressures on the ideal role to be played by them in society. There are still cultures which consider women not suitable for taking up employment and their roles are restricted to home making


Women are no more tied to house hold duties and participate in the family and society by a better involvement and contribution. Education has made it possible for women to take up good career opportunities and some of them occupy corporate positions and have seized entrepreneurial opportunities. Social and cultural changes have impacted this process. The purpose of this research article is to focus on the changes happening and to forecast what can be expected in future.


Women settled an important position in Indian society. These great Indian women have scaled the pinnacle of success and have devoted their life for boosting the morale of Indians worldwide. Their immense contribution to have been in the various fields like politics, dance, music, literature, science, religion, industry and cinema. In Indian society where a girl child being born is considered as ill luck, these great women have made success their survival motto and hence uplifted India’s name to the highest pedestal. Despite holding such an important and unquestionable position, role of women has been defined by men over millennium.


The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law, prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment.Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

https://www.awid.org/news-and-analysis/economic-social-and-cultural-rights-are-central-work-women-human-rights-defenders


Conclusion

Government once realising the situation of womens and their worse position within the society took large initiatives to evoke a amendment and improve the social, economic and political conditions of womens. Actually the days aren't remote once men got to take care that their want in society could also be restricted by what they will do for society at massive that ladies cannot do! what's required nowadays is associate in nursing appreciation of their power and potential to contribute during a male dominated society. By this I merely mean to mention that Government will build laws, rules and policies for our security however we tend to do got to take away all the concern and hesitation and get out ourselves for there recognition. Nothing will facilitate a lady till she helps herself, Rather than sitting in ghughat ladies ought to take away her pardah and see the planet round her, ladies must not ever be thought of the soft spot of the society as their house work is harder than a man’s paperwork. Men for 8-10 hours on a daily basis with a weekly leave however a lady work whole day with none leave. Struggle of a women’s life is quite a person. Since this development started, there are a lot of ladies than men joinning the cops as new members, a rise within the numbers of ladies initiating new comes, and an interesting payback rate on loans created to ladies. These changes have crystal rectifier to Associate in Nursing increased sense of self - esteem among the ladies, UN agency currently have larger confidence to talk and participate within the affairs of the cooperatives.


Reference

Saryal, S. (2014). Women’s Rights in India: Problems and Prospects. International Research

Journal of Social Sciences, 3(7), 49-53. Retrieved October 02, 2017 from

http://www.isca.in/IJSS/Archive/v3/i7/9.ISCA-IRJSS-2014-84.pdf

https://www.awid.org/news-and-analysis/economic-social-and-cultural-rights-are-central-work-women-human-rights-defenders

Women’s Rights are Human Rights. (2014). United Nations. Retrieved October 02, 2017

from http://www.ohchr.org/Documents/Events/WHRD/WomenRightsAreHR.pdf

https://blog.ipleaders.in/position-women-indian-society-independence/



By Tejashwani Bhushan

Law Student



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