Mains 2016: Women’s Rights and Recent SC Rulings

According to an oxford professor, gender equality has four dimensions:

• Redressing disadvantage
• Countering stigma, prejudice, humiliation and violence
• Transforming social and institutional structures
• Facilitating political participation and social inclusion.

Facts-

As per the National Crime Records Bureau Data –

• Reported cases of domestic violence in India went up from 50,703 in 2003 to 1,18,866 in 2013.
• In 2015, number of crime reported against women stood at over 3.3 lakh which was 3% lower than previous year.
• Over 34500 registered cases of rape in india in 2015. Cases of outraging modesty stood at over 84000.
• In 2015, out of 6,877 cases of human trafficking . 51% involved children, 88.5% of these were cases registered under Section 366A (procuration of girl to force her into sex) of IPC.

Legislations–

1. The constitution of india provides fundamental rights and DPSPs which includes right against discrimination , right to equality
2. In 1983, Section 498A was introduced in the Indian Penal Code (IPC) and for the first time made domestic violence to married women a criminal offences.
3. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) – prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide
4. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any time after the marriage from women.
5. National Commission for Women Act (1990) – Lead to establishment of a National Commission for Women , to study and monitor all matters relating to the constitutional and legal rights and safeguards of women.
6. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013) – provides protection to women from sexual harassment at all workplaces both in public and private sector, whether organised or unorganized
7. Hindu Succession Act provided for monogamy , equal rights for woman and man in marriage etc.
8. There are many more legislations like reservation for women under 73rd and 74th amendments which provided for local governance . Steps like Reservation of 33% seats for women candidates in State services in Bihar , 33% quota for women in delhi police etc

Recent judgments of the Supreme Court-

• Nov 2016- In Harsora v. Harsora on the Protection of Women from Domestic Violence Act, 2005 (PWDVA) , it deletes the words ‘adult male’ in Section 2(q) of the Act.
• Nov 2016- Supreme Court directed the Central government to constitute a nodal agency to monitor and trigger search engines to crack down on online pre-natal sex determination advertisements . Once it is brought to the notice of the nodal agency, it will inform the search engines and they, are obliged to delete it within 36 hours and inform the nodal agency.
• Nov 2015-The Supreme Court ruled that daughters can not inherit if the father or the daughter had died before September 2005 when amended HSA came into effect. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father.Hindu Succession (Amendment Act), 2005 came into effect in september 2005 and daughters in a joint Hindu family,were granted statutory right in the property of their fathers which was not partitioned P.S. in case of self acquired property the daughters have simultaneous entitlement like sons .
• Delhi High Court has ruled the eldest female member of a family can be its Karta, a position which was only reserved for the eldest male
• July 2015- Supreme Court ruled that an unwed mother in India can become the sole legal guardian of a child without the consent of the father, and she is no longer required to disclose the father’s name.
• Nov 2015- Supreme Court ruled that a woman can claim her stridhan back from her husband and his family members after separation even if they are not divorced.
• Sept 2015- Delhi High Court ruled that women should be given permanent commission in the Navy, ensuring that women naval officers enjoyed rights similar to their counterparts in the Army and the Air Force.
• June2015- Supreme Court  ruled that rape cases should not be directed towards “compromise or settlement” . A compromise entered between the parties will not amount to lesser punishment to the convict .
• Dec 2015- Supreme court ruled that acid attack victims should be included in the disability list.
• Jan 2016- Supreme Court ruled that no temple can bar the entry of women devotees – except on the basis of religion.
• Oct 2016- Supreme Court held that a wife’s refusal to live within a joint family, and her demand for a separate residence, amounts to cruelty to the husband.
• Oct 2015- Supreme Court ruled that any couple living together for a long term will be presumed as legally married unless proved otherwise. The Domestic Violence Act 2005, can be applied in such cases too.

Schemes-

Beti bachao Beti padhao – Prevention sex selective elimination ,Ensuring survival & protection of the girl child , Ensuring education and participation of the girl child .

UJJAWALA : A Scheme for Prevention of trafficking and Rescue, Rehabilitation and Reintegration of Victims of Trafficking and Commercial Sexual Exploitation .

SWADHAR Greh –A Scheme for Women in Difficult Circumstances

Indira Gandhi Matritva Sahyog Yojana (IGMSY) – It is a conditional  maternity benefit scheme. It was revised in accordance with National Food Security Act, 2013

Nirbhaya Fund – with amount 1000 crore , for women safety in strategic areas of prevention, protection and rehabilitation

One Stop Centre Scheme – Such centres will be established across the country to provide integrated range of services including medical, legal, and psychological support

and assistance under one roof to women affected by violence, both in private and public spaces . It will be funded by Nirbhaya Fund.

Problems/Challenges-

• Decline in Child sex ratio (911 according to 2011 census) CSR reflects both, pre-birth discrimination manifested through gender biased sex selection and post birth discrimination and Low Sex Ratio (940 according to 2011 census).
• There are several discriminatory practices in Hindu cultural practices like Kanyadan (dowry) , notion of a girl as paraya dhan(belonging to the other), obligation of a Hindu father to marry off his daughter ; which govern the laws of marriage, divorce and matrimonial life. These practices seldom held up to scrutiny.
• Sacramental and societal aspects still dominate the social psyche in many aspects like marriage within the caste , sending the daughter back to in-laws rather than risking a divorcee on their name , child marriages , forced marriages etc.
• Underreporting of cases . Delhi has the highest rate of crimes against women overall, though delhi has high population but one can not take away the fact that here women are more aware and administration also acts better than other places in the country.
• False cases – there are huge number of cases which are registered to harass the other party , increased cases of kidnapping against the boy in case the girl has eloped , false cases of rape charges .
• The conversion of any issue on woman right into political controversy or infringement of right of minorities in india is a big challenge to overcome.

Solution-

• People across party lines agree that certain laws or customs followed since long or followed as part of a region need change . What it needs is action on behalf of law makers raising above party lines.
• Issues like UCC which are mostly about giving equal rights , if they have become so politicized then reformation could be brought within every religion. It is not about passing a law only in form of UCC but the urgency that many medieval practices are still followed in 21st century in India. Separate laws could be brought, which every woman citizen of this country is entitled to by the virtue of being a citizen of India.
• Need to have discourse among people , politicians and law makers have a huge role to play in seeing that implementation is done. Only framing of laws is of no help.
• Law against Dowry was passed in 1961 , while the menace of dowry has only increased with the passage of time . All this points towards bigger issues attached to societal traditions which needs more than just framing law.
• Sex education , encouraging women to be financially independent , providing them reservation in legislature , increase in women’s participation in odd jobs like police, army etc could be possible move forward.
• Awareness among man and woman about rights of girl, respecting her choice and independence, celebrating birth of girl child, social condemnation of acts like honor killing are much needed steps which need more action on part of the society.
  

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