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Year : 2019, Volume : 1, Issue : 1
First page : ( 107) Last page : ( 113)
Print ISSN : 2582-4627. Online ISSN : 2582-7529. Published online : 2019 February 24.

Glimpse in the future: Status of women in India

Sabharwal Sakshi1Student

1Amity Law School, Delhi

Abstract

We live in a society in which people of all sexes live. Nature has created this world beautifully. God has made thus world for us to enjoy. He has created all types of creatures so that the life sustaining system goes n continuously without any hindrance. The researcher has focused on the changing scenario of the society. How earlier women were treated as goddesses and now they are treated as an object. The paper tries to show the difference how women in earlier times were treated as goddesses and how now their value has declined. It focuses on different types of crimes committed with women. It focuses on the goddess image of women in ancient society when there were no such laws for protection of women and how this position has changed in the present technological era where so many new laws have been made to protect women. It focuses on whether the present laws are implemented in a proper manner and it talks about the jurisprudence ofpunishment. Women are better than men at juggling more than one task. Their vision has been a boon to society. The role of women in the reconstruction of India is beyond imagination. Thanks to the law and order mechanism and social workers of our society that some laws have been made though in most of the cases they are not followed. Female feticide and infanticide is punishable offence. Child marriage has also been made punishable.

There has been focus now days on the slogan “Beti Bachao, Beti Padhao”. The concept of gender neutrality has now changed. If we look carefully now this concept is just a name, its essence has withered away. The paper focuses on how the enactment was passed to protect the women and how it is misused. Only in some cases genuine justice is given to the victim.

The researcher also focuses on the aspect how the Domestic violence Act which was passed to protect the women is now being used by them to harass their husband and their family and to make money out of it. The researcher also focuses on the latest Sabrimala judgment. The research also focuses on Adultery being declared no as a crime by the Apex court, Bill on Triple talaq, decline of Supreme Court to make rape punishment gender neutral. The concept of gender neutrality is not only for women but it also applies to men In today’s world it is not only women who is abused but even men are also abused. The idea of giving equal rights and opportunities to transgenders has also been there. They also have a Right to life under Article 21 of the constitution which means dignity in the workplace and Equal treatment under Article 14 of the Constitution. To achieve the dream of Gender neutrality we all need to work together.

“The power of one is the power of many the power of change.”

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Keywords

Power, Gender neutrality, Equality, LGBT, Empowerment, Female foeticide.

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Introduction

The concept of Gender neutrality is common now days. In a society where people of all kinds live it is important to know about this concept. It is based on the idea that discrimination in any field of life between two sexes should be avoided. It is against the norms of a civilized society.

A writer has beautifully quoted:

“Educate a man and you educate an individual”.

“Educate a woman and you educate a family”.

When we talk of status, we understand that it implies the Social and legal position of an individual. Women in ancient India were held in high esteem. The position of a woman in the Vedas and the Upanishad was that of a mother. In the Manusmriti, woman was considered precious, being proj ected first by her father, then by her brother and husband and finally by, her son. In the medieval period, the practices of purdah system, dowry and Sati came into being. It is thought that the right place for woman is in the home.

Women in today’s world have become famous for multi tasking. It has become common for working women to fit in doctor’s appointment, coordinate play dates and plan birthday parties during working hours without compromising at all on her work. At home too she focuses on dinner, home work and upcoming assessments with one eye on pending emails and office calls. Studies have not only proved that women are better than men at juggling more than one task. Their approach to multiple problems is more methodical and logical. Their perception and meticulous planning are a source of fascination to the men folks. Their vision has been a boon to society. The role of women in the reconstruction of India is beyond imagination.

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Status in ancient times

India is a country where women were worshipped as incarnation of Goddesses. The irony of the fate of Indian women is that of their status which should have been an identity to reckon with, has become a topic of debate.

As time pass the status of women have become an issue to be discussed on several platforms. There has been mushroom growth in the last few decades of organizations struggling to get for women their dues. These organizations have worked a lot. They have made great progress in this direction . It has helped in the improvement of the status of women in the home, society, office and country.

Women in ancient India were held in high esteem. In the Vedas and the Upanishad position of women was that of a mother. In the Manusmriti woman was considered precious. She was protected by her father, her brother, husband and son. The status of woman has lowered with passage of time. The society is dominated by muscle and money power. Since men fought the wars and ran the enterprises, they consider themselves superior to woman.2

In the early Vedic age the girls were given all the facilities, even of education. The marriage of widow was permitted. But in the later Vedic period, daughters are regarded as a source of misery. The status of woman was deteriorated with practice of polygamy. In the medieval period, the practices of purdah system, dowry and Sati came into being. It is thought that the right place for woman is in the home. Her main duty is to cook and do all other menial jobs. Thus women have been deprived of their rightful place in society and exploitation has been going on for centuries.

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Status in present age

The inhumane practice of Sati, where the wife burn herself alive was fought against by Raja Ram Mohan Roy and thus this evil practice came to an end. After the development of Science and Technology, female foeticide and infanticide is being practiced on a large scale. As a result there are 927 females to 1000 males. Dowry has become a common practice now days. The birth of a girl child is, therefore, considered inauspious.

The list common crimes in the present time include Rape, sexual harassment, molestation, eve-teasing, forced prostitution. The crimes against women are increasing at an alarming rate. Sexual harassment at work place is also a common affair.

According to a study, released in 1997 by the Sasha Violence Intervention Centre based on a survey done with 350 school girls in New Delhi, “63% of the girls had experienced child sexual abuse at the hands of family members. Nearly one-third of the girls said the perpetrator had been a father, grandfather or male friend of the family”.3

The most common and the heinous crime is the crime of rape. It is increasing every day. To satisfy his lust, the man ruins the dignity and self-respect of women. He even does not think for one moment that the woman is his mother, his wife or his sister or his daughter. If one does such crime with any of these relations related with him how he would feel.

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RAPE: THE MOST HEINOUS CRIME

"While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."

Rape is the most violent crime .It is committed against women. According to Section 3754 of the Indian Penal Code, Rape means an unlawful intercourse done by a man with a woman without her valid consent.

Recently rape was done with a 23 year old Para-medical student in a moving bus on the streets of Delhi. This incident shook not j ust our country but people all over the world. After this a lot of amendments have been brought.

The incident filled every Indian with wrath. Thousands of people poured into the streets to demand justice for the young lady.

Causes: The foremost cause of increasing rape cases is due to the lack of public safety. Today women are not safe in their homes, how can they be safe outside.

  • Globalization and Westernization are recent in our society. These have caused significant changes. The Indian Culture has changed. Late night parties and discos have become the order of the day.

  • Absence of female police officer is another reason as females feel insecure telling about the tragedy to a male police officer.

  • The stigma which gets attached with the victim is another major issue. Most of the cases don’t get reported.

  • The victim is put under pressure to not tell it as it would bring shame to the family.

Remedies: The need of today is to curb this violent crime.

The spate of pornographic materials must be strictly banned.

Death penalty should be imposed.

  • o A woman’s squad is formed in every district.

  • o Fast track courts are established.

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NIRBHAYA CASE: A CASE WHICH SHOOK THE WHOLE SOCIETY

The researcher feels that the path for truth and justice is difficult.

But they are not difficult to achieve.

The gang rape of the 23 year old shook everyone. It took place while she was travelling with her boyfriend in a bus. The accused boated his boyfriend, boated her also and then six of them raped her. They had caused a lot of injuries to her also. After that they threw her on the road.

No one in our busy Delhi listened to her cries. Everyone was busy in their own world.

This brought a lot of changes in our legal system especially in rape laws.

New laws and implementation

The Preamble of the Constitution5 itself ensures justice, liberty and equality and that there would be no discrimination on any ground.

Article 15 of the Constitution 6ensures prohibition of discrimination on grounds of sex.

In India sec 375 of the Indian Penal Code gives the provisions for punishment of rape.7 It got amended with the Tiara case in 1980s. After the Nirbhaya case it again got amended in 2013 and fast track courts have been set up. Also the Juvenile Justice Act has got amended. But why is law taking so much time to punish the offenders. Also one of the offenders who turned juvenile is now left free to roam in the city. Why are there so many lapses?

Nature of punishment: Recently it was reported in newspaper that one of the offender who did this heinous crime in Telangana, after serving his term of punishment of 10 years; on his release again committed this heinous crime with a small girl and killed her.

The researcher feels that if this is the behaviour of offenders, then the reformative theory which India is following should not be followed. Instead punitive theory should be followed.

Also recently only mother and 13 year girl got raped mercilessly in NOIDA. Some steps need to be taken to improve the society.

It is rightly said “One time offender, is always an offender."

Sita and Draupadi are the two interesting examples. Women have appeared on the national scene political leaders like Sarojini Naidu, Vijaylakshmi Pandit, Mahadevi Verma, Proffessors, even Vice Chancelors and some got appointed as Governors and judges of High Courts and even Supreme Court. Mrs. Indira Gandhi was the first

But with these things going on how is our country safe for women? How can they prosper? Strict laws and their enforcement need to be done. Otherwise gloom and darkness will prevail in our society.

Recently one of the courts said that a rape convict will be treated as an adult and not as a juvenile. This might be the change.

Another lightning for women is the latest Apex Court decision that women can be the karat of joint Hindu family.8Someone has beautifully quoted:

"Women are foundation of our Society. Every foundation has to be laid”.

"When women thrive, all of Society benefits and succeeding generations are given a better start in life”.

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SUPREME COURT DECLINES TO MAKE RAP GENDER NEUTRAL OFFENCE

The learned judge of Supreme court has declined to make rape a gender neutral offence.The court refused to interfere in the matter. The petitioner has argued that even man can be a ictim of it and the present law lacks to distinguish between consensual and non-consensual which is done between two males. So it should be made gender neutral law including transgenders in it as well.

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ADULTERY IS NOT AN OFFENCE

In its recent judgment the Apex court has removed Adultery from being an offence under Section 377 of IPC.It is socially developin ruling.The colonial era ancient law is unconstitutional.The women are progressing a lot. They are independent and not slaves of man. The decision is a welcoming step to protect the dignity and identity of the women.

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ENACTING OF DOMESTIC VIOLENCE ACT

Seeing the deteoriating conditions of women in our society, the law makers after the CEDAW Conference enacted the Domestic Violence Act, 2005 on the same basis.

The act provides that if any married women is abused by the husband or her in laws then the women must approach the nearest police station where there is a cell which will tell the women of her rights. If she wants to pursue it further they will help her further and assist her in filing the complaint.

The act was enacted to protect the women against the attrocities. There had been a lot of dowry death cases. To prevent these it was enacted to punish the offenders and deter those who may commit it in future.

Though initially the act was a boon but in the present scenario it is just name sake. The laws are not implemented properly. People need to be taught about the wrong they are committing and apply the law properly.

A mere piece of enactment is just a writing without its implementation.

Attrocities faced by men

Though the law and everyone talks about protecting the women. But it is not just women who are being abused by men. Even men are also at times being abused by women.

With the coming of Domestic Violence Act women have got a tool in their hands which they misuse against the men. This is not correct . If a law has been enacted to protect a person it should not be misused.

The men are waiting for the day when International Men’s Day will also be celebrated.

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THE LATEST SABRIMALA JUDGMENT:

The Apex court has recently given its verdict on the Sabrimala judgment.Entry of women between the age of 10-50 years is not allowed in the temple. If we see the judgment of the court it focuses on the Right to Equality enshrined in the preamble, Article 14, 15,16 of the Constitution. If men are allowed to enter the temple then women of all groups should also be allowed to enter the temple. No age bar should be put on them.

We live in 21st Century and perceptions have changed. Gone are the days when women used to sit at home during menstruation. It is a scientific process which happens every month. This should not create any inequality.

On the other hand following of rituals is a very important aspect of our lives. Everyday a lot of rituals are followed by us .These can’t be ignored. We are a culturally rich country. Many traditions have been followed since time immemorial and so is the bar of entry of women between the age group of 10-50 years.

A lot of scientific reasons have also come after the judgment which support the bar on entry of women in the temple having menses.

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CONCLUSION:

Swami Vivekanand has rightly remarked, “It is impossible to think about the welfare of the world unless the condition of women is improved”.

Many major programmers like support to training cum employment program for women, Mahila Kosh etc. have come in to place.

Today modern woman is deft and self sufficient. She can be called as Super Woman. She is ambitious. She is taking inspiration from empowered women like first Indian woman PM Indira Gandhi, first woman IPS officer Kiran Bedi and many more.

The need of the hour is more radical women’s movements aimed at equality in personal and family life as well.Also the mindset of the people needs to be changed. The males should understand that the woman who is going out to work is like their mother, sister, wife or daughter. Can they tolerate such kind of heinous things be done with their mothers, sisters, daughters or wives? So they should change their mindset and start respecting women.

An old saying goes: “Jahan nariyon ki izzat hoti hain, wahan devta baste hain.”

This is not the India which Nehru and Gandhi and other freedom fighters dreamt of and died for its independence. All need to come together and work for this change.

“The power of one is the power of many, the power of change.”

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REFERENCE

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