Dawing Laws – Is Satisfactory Armor For Women

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A woman is an akin thesaurus in nature, presenting about varied colours, expression, characters, she has been contributing in her life throughout her life which seems so soft going but the actual not she had been always found to face several social barriers and impediments from generations. Still, the present picture is crummy. There are several legislations we could found in our country for their protection, but the question arises that do really these legislations are enough for the purpose of protection of the women which has been evolved through generations.

“I measure the progress of a community by the degrees of progress women have achieved.”

-B. R. Ambedkar

This examine includes position during the Vedic period talking about the equality within the two sex, we have religious practices also where founded her status of where divided bodies into two parts, lord Brahama become male by means of the one halves, and female by means of other “lord Shiva consists of a body of two halves, one is of male and other is female i.e. called Ardhanareshwara.”. Upanishad period where Narada gives the virtual aspects of her rights. Then the changes took as in face of time of British era where inhuman superstition like child marriage, widowhood, devadasi, dowry etc. The Preamble of the United Nation Charter 1945 referring human rights of men and women equal status. After the Independence, the Constitution of India provides us with the provisions which furnish women status. Several steps like Prohibition of Immoral Traffic in Women, personal laws of this secular state, legislations of crimes against women in different fields and further many landmark cases which took place with changing society regarding discrimination, status, self-respect, security many more. Concluding that though we have enough in the papers the executions are not much enough.

INTRODUCTION

I am born a woman

Full of rigor, enthusiasm, strength………

I am born a woman

Status of love, sacrifice, devotion………

I am born a woman

Rearing and tendering the world

I am born a woman

Akin that field nourishing all selflessly

I am born a woman

With kingdom of varied colors, dreams, prayers……

I am born a woman

The universal donor

The ache handed over, taken by me, with full esteem

Because I am born a woman

And you know other than me, in the creations of that almighty could choose without bestowing back any injury to you.

I perceive pride to say I am born a woman.

Our society is characterized by gender socio differentiation, where male is always seen in the role of earning and women in accouchement and homemaking. She has been looked upon in the mien of wives and mothers from the very ancient times. The Indian patriarchal society had always dominated the position of women in different fields and limiting her field to kitchen and home. She is relatively disempowered, hence bearded a lower status as compared to the men.

The Ancient Period

For the very ancient Indus valley civilization evidence shows that women worship as a mother goddess. During the Rig Veda, wives position is honoured in the performance of religious ceremonies. Educating girls was considered an important qualification for marriage. Manu supported ascetic widowhood. In Aryan Age where the men were free, brave, vigorous, fearless, the women were learned, free, high cultured. She has represented as the best example of conjugal love, offering the supreme sacrifice of their lives as a demonstration of their feeling for their partners in a short journey of life. According to Manuprinciples, the women must be kept all time controlled by the males of the family. Father protected her in her childhood, her husband in her youth, her son in her old age; a woman was accordingly never found fit for living independently. He stated a vicious husband must be worshipped but a bad wife may any time be superseded by another wife, although the husband was bad still be constantly worshipped as God by his faithful wife. Upanishad had an important role in framing a stereotype of Indian women. Yajnavalkya said women should be honoured with ornaments, clothes and food by their husband, brother-in-law and maternal relations. The noblest duty of a woman is the difficult task of motherhood. Brahmans reflect transitional development in the performance of religious sacrifices, curtailing political and social freedom of women. Passages are found in Aitereya Brahman and Maitrayani Samhita which shows that women were forbidden to go to assemblies.

In references to literature, Kshatriya society brides exclusively i.e. swayamwara. During Vedic society, the dowry system was not known but the gift was prevalent .monogamy general rule thought bigamy also found in limit aristocratic class. Concept of remarriage of widows was permitted under certain condition only. Females are supposed to maintain a higher standard of morality all thus not except same from the husband .respect Veda recognized the right of inheritance of unmarried daughters on her father property but married daughters were exempted. In the age of the Upanishads system of “anuloma” of marriage that is between a male of higher caste and lower class prevailed. In the age of Sutras and Epics“Grihya-sutras “provide rules regarding marriage and qualifications of bride and bridegroom that was supposed to be over 15 -16 years. Dharmasutras take more effect than the smritis later age. The “apastamba” imposes penalties on a husband who takes forsakes her wife. On the other hand, in vice-versa wife has to only perform penances. An unmarried girl, who was not married at the proper time by her father, could choose her husband after waiting for three years and the presence of highly spiritualized women teachers.

The Medieval ages

The great epics of India the Ramayana and Mahabharata reflect contemporary socio-economic reality. Gandhari set an example of true Sahadharmini who dared to bandage her own eyes for the sake of her blind husband Dhritarashtra.  Kunti example of patience, perseverance and self–sacrifice. Draupadi a woman who possessed courage, sense of dignity and justice and many more but still after this age degradation of status continuous though caste system ritual child marriage sati etc., deep-rooted in society, religious sanction nurtured gender discrimination in the economic, social, political life of traditional communities in India. In Ramayana also Sita was the best example of this period. She was a strong woman and she was supported to the education system but still, she becomes the victim of society ill-treatment. During the medieval Mughal empire Raziasultan who threw opium out of Delhi was removed within the tenure of five years by the pressure of nobles who never want to rule by a woman. Purdah and child marriage was prominent, the birth of a daughter was considered in inauspicious while that of son as a celebration. Women in the Mughal period were not allowed to remarry.

The Modern Period

Many social reforms like Raja ram Mohan Roy, Ishwwarcandara Vidyasagar, Jotyiba Phule worked for the improvement of women. Raja ram Mohan Roy succeeded in abolishing the sati from India, introduce the concept of widow remarriage. Rani Laxmibai women of great vigour started a war against the British for independence. In spite of such contribution of women to the society, the status of women was unprivileged.

During through all generations, we have found the women realizing there space and value while looking at the struggle of independence the need for taking the stand for self-existence and self-respect by raising voice against the worthless social forms. Women have been identified as remarkable image over generations. Where ever we look from the period of Sita to the period of Manushi chillar she had always being the source of innovation strength determination etc. To the whole of the society but the facts do not finish here although she had been always giving selfless, she is most prone to all the vulnerability of the societies. Females gave the base for an active part to participation and the action has been always to the male by the society. The women have been a victim of these subjects and gradually the voice rose and the legislation came in existence as per the requirements but still, it cannot be declared that women have got redemption from the male dominating society.

HUMAN RIGHTS AND WOMEN AND THE CONSTITUTION OF INDIA

Currently, the footing picture of the world where human rights prevail which stand for rights and freedom that every person on the earth entitled to enjoy without any distinction of the basis of creed, colour, gender, language, religions, political, nationality, property, birth or position in society. Article 2 – Declares above contenti.e.all human are born equal and free in dignity rights[1]. The general assembly of the state on 7 Th November 1967 adopted article 10 of the convection with equality with men.[2]

  • Equality and freedom of choice of profession and employment advancement.
  • Equal remuneration and treatment at work place.
  • Right to salary, retirement and provides laws for security in respect of sickness, unemployment, old age and other incapacities
  • Right to receive family allowance on equal terms with men.

The Constitution of India is a written document which guides related pole star for the destiny of one the world largest of democracy, for most protector of fundamentalright (part 3) for people welfare .articles of constitution explication prohibited discrimination article 15 of constitution of India

  • No discrimination of religious, race, caste, sex, place of birth etc.
  • No citizen is subjected to any disability, restriction, or condition with regards – access to shops, public use of well, tanks, place of public resort etc.
  • “Nothing should prevent the state for making any special provision for women and children.”

“Article 14 of the constitution of India says that any person equality before the law or equal protection of the laws within the territory of India”.

“Article 16 of the constitution of Indiamentions equality to opportunity of all and prohibiting discrimination against women.”

“Article 21 of the constitution of India provides rights of life and personal liberty for all.”[3]

Part 4 of the constitution of India was mention directive principles of state of polices.

“Article 39 which provides men and women have equality have rights to adequate means of live-hood and equal payment of work men and women.”

“Article 42 of constitution of India for making provision for securing just a human condition for work maternity relief.”

“Article 44 of constitution of India providing authority to state endeavoring security under uniform civil court throughout the territory of India”.

“The Supreme court held that the second marriage of a Hindu husband after conversion to Islam without having his first marriage dissolved under law would be invalid. The second marriage would be void in terms of the provision of section 494 IPC and the apostate husband would be guilty of the offence under section 494 of IPC.”[4]

“Article 243(d) of constitution of India provides reservation of one -third seats for women belonging to SC/ST class. Thought direct election of panchayats.”

“Article 343 (t) of constitution of India provides reservation of one –third seats for women of ST/SC class the election of municipalities.”

THE INDIAN PENAL CODE, 1860

Indian penal code defines offences against the body, property as well as other offences. In the same way also define a different kind of offences against women like dowry death[5], illegally traffic of women, hurt and grievous hurt[6], wrongful confinement[7], outraging the modesty of women[8], kidnapping, abduction, slavery and forced labour [9], sexual offences[10], cohabitation by deceitful means[11], bigamy[12], cruelty[13]etc.

The offence of dowry death ingredients includes death occurred by bodily injury or unnatural causes, within the seven-year, harassment by husband and his relatives, cruelty for dowry demand and that to committed soon before the death of the women[14]. Debarring a person from re-marriage and penalizing whole family irrespective of a member of the family who committed a crime will curtail the burring of the bride. Suggested that the forfeiture of the property of the committers of dowry death[15]. The committee of the offence is punished with the three years and fine. If a wife is being locked in a room subjected her to violence would be punished for wrongful confinement. The accused who beckoned the prosecution by eve-teasing would be held guilty of outraging her modesty and punished for 2 years, fine or both[16]. Kidnapping as per sec (360) conveying any person without consent and section (361)that to be done by lawful guardian any minor under sixteen years. Compelling by force or inducing by any deceitful means any person to go from one place is abduction.

Sexual intercourse against her will without the consent, threatening her of death of her very close, in the illusion of the facts, because of the unsoundness mind, intoxication and other when she is under age of sixteen is the offence of rape and the offender is liable of punishment of rigorous imprisonment or not less than seven years or ten years and fine.

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Sexual harassment against women in the workplace is also one of the problems of great importance, all complaints of such by working women given the guidelines regarding so[17]which was supported and upgraded the situation by “the sexual harassment of women at working place(prevention, prohibition and redressal) act, 2013”.

The offences do not confine only up to the adults but the children are also prone to the same offences for which directions must adhere child sexual abuse or rape as special screen system, clear language and not embarrassing, adequate breaks to victims while the proceedings[18].Broad parameters of assisting victims of rape i.e. legal representation provided at the police station, information of victims right of anonymity of victim along with the formation of criminal injuries compensation board[19].

Due to a horrible 2012 gang rape of Delhi lead the supreme court to extend the definition of gang rape also including oral sex also, the addition of acid attack with the fine of ten lakh, sexual harassment punishment reduced to three years from five years, no longer gender neutrality and world prostitution been removed from the explanatory clause.[20]

This continuous with 2018 refinement bill consisting of the death penalty in the rape of a child under 12 years. This bill came replacing crime law ordinance promulgated outcry over the rape and murder of a minor girl in Jammu and Kashmir. Also, provide the investigation to become complete within two months and the trial court must be disposed of within six months. Victim of age between 16 -18 years, the offence of rape would be punishable and maximum.[21]The protection of a child from sexual offences act 2012 from to protect sexual abuse harassment pornography, provides so.[22]

In the case section 497 read with CrPc 198 (2) for an offence against marriage was declared and constitution due to discrimination against a man by not making women equally in an adulterous relationship. In the present time, the Supreme Court held declared unconstitutional. [23]

“Section 494 of the IPC a marriage is void by reason taking place during the life of such husband and wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.[24]

THE INDIAN EVIDENCE ACT, 1872

According to the section 113-A of the aforesaid act states apprehension of suicide by a married female due to provocation or instigation processed by the husband or his family. It has also been stated that suicide must be committed within a period of 7 years of marriage.

The Supreme Court held that dowry amount to cruelty and a presumption can be drawn under section113-A of the evidence act.[25] “In other case held that mere cruelty may not be a thing of abetment as contemplated under section-307 of IPC to bring home the charge under section 306 and section 306 and consequently no presumption arises under section 113 -A of evidence act in the absence of proof of frame-up.[26] Presumption of dowry death cannot be raised under section 113-B. However, founds guilty under section 498 of IPC.[27]

THE PERSONAL LAWS OF WOMEN

Marriage of important sacrament in India throws the religions .there for India legation later have enacted different marriage laws as pre- a religion which includes “Hindu marriage act 1955”,” Shariat act 1937”, “special marriage act 1954”, “ India Christian marriage 1872”. In patricidal society, the position of women in personal laws was considered as derived to that the man. The central government brought various legislation for protection, maintenances of women, includes Hindu maintenances act1956, Muslim (protection of right on divorce) act 1986, maintenances of a Christian wife and children act1869. Paris marriage and divorce act 1936, the law of succession was not much codified according to tradition communities with its existence come of up tradition practices which include Hindu succession act 1956, Muslim by holy Quran and a uniform civil court under Indian succession act 1925.

The new legislation includes compulsory registration of marriage [28](Hindu marriage act 1955), Hindu female’s right to maintenances as the tangible right against the property.[29] Christian women entitled to have equal shares in father property too.[30]  For the latest judgment of the Supreme Court held that providing maintenances of Muslim women after divorce under section 125CrPC.[31] Valid of talaq found unreasonable without reunion between both the spouses by the two arbiters.[32]The liability of Muslim husband to his divorced wife aroused under section 3(1) (a) Shariat act.[33] There was no bar to inter-caste marriage and held shall be “free to marry anyone she likes or lives with anyone she likes” is no offence.[34]  The custody of a minor child under the age of five years allows remaining with mother[35].

The Domestic Violence Act, 2005

Protection of women vatic of violence occurring in the family providing the matters, element enacted protection of women from domestic women act 2005. This act includes actual abuse, verbal, economic, physical, sexual offences. According to a survey of 2005 by national family and health survey domestic violence prevails reduced from 33.5%to 8.5%. A wife could only claim for right of residence in the house belonging and taking on rent by a husband or belonging to husband joint family.[36]  Live- in-relationship also include in domestic violence act 2005.[37]

THE LABOR LAWS

For providing better working conditions to the labours Fair Labor Standards Act 1938 (FLSA) was set up which includes important aspects like minimum wages, overtime pay and banned child labour. The civil right act recognizes every human irrespective of race, colour, sex, religion or nation origin .its mandates that employers cannot different during heirs on the above mention basic under Title 4 of The Civil Rights Act. Amendment to civil right act prohibition the behaviour of employees where the terminate women from a job on bases of pregnancy under The Pregnancy Discrimination Act 1978. Some biasedness scheme clear in job opportunities and payment therefor Equal Payment Act 1963 was brought –up. From the care of a newborn child and the mother, special concerned was full fill thrown The Family and Medical Leave Act(FMLA) 1993. Providing a voice to women labour about inappropriate or unsafe working condition throw the whistleblower protection act.

THE SATI SAHAGAMANAM

The traditional practice of widow immolation knows as sati. Where the association of a   barbaric society and of the mystique of the Hindu women ‘voluntarily ‘and ‘cheerfully‘ mounted the pyre of her husband. Reforms like Raja Ram Mohan Roy, Vidyasagar raise voice against socials evil and finally thought effects of Raja Ram Mohan, general William Bentinck went forth refusing sati that had been enacted on December 4, 1829, The Commission of Sati(Prevention ) Act 1987.

THE IMMORAL TRAFFIC OF WOMEN

In the existence of Devadasi, Matangi etc. in the early period and prostitution today due to poverty, obscenity, the lure of luxury, moral degradation and in pursuance of this parliament passed immoral traffic prevention act 1956. Traffic in human beings refers to sell and purchase man and women for immoral and another purpose.[38]

PROHIBITION OF DOWRY

Dowry is the most heinous practices of society whoever bridegroom and his family put there irrelevant demand from the girl’s family and in cause’s saviour torture too. Legislation that is Dowry prohibition act. And in Muslim law a sum of the money or property promise by husband in consideration of marriage the law confers the right of dower (Mahr).[39]Buried a life a bride due to poor economic status is a big problem of class which suffers both from ego and complex social structure.[40]

OTHER LAWS

Maternity coverage most extensive part of life hence there for Indian government passed maternity benefit act 1961both for mother and child under “Maternity Benefit Act, 1961”. With an advanced medical technology medical termination of pregnancy was misused creating in balance in sex ratio hence introducing“Medical Termination of Pregnancy act”. “Preconception, prenatal Diagnostic technique (prohibition and misuse) act, 1994 and rule 1996 to control this sex determination and female foeticide”.Guidelines regarding female foeticide under“section 17 (3) (a) of PNDT ACT”.[41]Girls in the age of playing with toys found managing houses in the babies in childhood. The site was prevented in British rule, on the demand of our large society restraint of such marriage on such marriage brought up by enacted of Child Marriage Restraint Act, 1929. The “Hindu Widow’s Remarriage Act”, 1856brought by East India Company to rendered remarriage of Hindu widows providing the legitimacy of child and valid to marriage the respected act removes disability making Hindu marriage suffer Beside all the enactments by the government of India for making the position of women strengthening it is also decide for having a separate commission for women empowerment lead to the birth of “National Commission Women Act 1999.”

CONCLUSION

Our government and judiciary had always worked for the purpose of securing and upgrading the status of women in society; they have accepted the need for new laws required with the growing generation. Several NGO plays a great role in the emancipation of women in society .they work for the women who could not rage there voice for the sake of justice and also for through who are unaware there on rights. Providing them service like shelter, medical assistance, financial assistance, counselling, skill training etc. The famous NGO for the respect and work include All India Democratic Women’s Association, Indian social action forum, Guild of Services, Delhi Mahila KalyanSamithi etc. It is presumed that a house grows with accordance to the intellectual up bring of women of that house. Education is the basis to neutralize the acidic content of society like child brides, social violence. The property, gender discrimination workforce discrimination, unequal marriage marital relationship of husband and wife etc.  While looking to the present statics, state of Uttar Pradesh has 12% of country’s crime percentage composition, a case occurs in Delhi at 16.2%, Mumbai 9.5%, Bangalore 8.1%, Jammu and Kashmir 33.7%, Manipur 33%, and Assam 30.4%, Daman and Diu and Puducherry 29.4%. Besides having so many protective laws, still, the situation is that it couldn’t meet with the rising graphs of crime. Due to the habit of humans of misusing more than using and upliftment in any field of the perspective, hence new chances and advancement also lead to rising in the crime level too. Still, we can’t say that we lacking the legislatures but we can also not neglect that execution is not as strong as required to meet the present requirements.


[1] ibid

[2] Adopted and proclaimed by general assembly resolution 217-a(3) of December 1948.also citied at Lalita Dhār Parihar, WOMEN AND PLAW From Impoverishment to Empowerment – A Critiques, Eastern Book Publication,Lucknow,First Edition ,2011, ISBN 93 -5028 -059-0.p.418

[4]Sarla Mudgal v.Union of India.

[5] Sec304-b

[6] Sec 319 to 320

[7] Sec 339 to 348

[8] Sec 354

[9] Sec 359 to 374

[10] Sec 376

[11] Sec 493

[12] Sec 494

[13] Sec 497

[14] Shanti v state of Haryana

[15] Ashok Kumar v state of Rajasthan

[16] State of Kerala v hamsu

[17] Vishaka & ors .v. state of Rajasthan ors,( 1997)

[18] Sakshi v union of India 2004 SC 3566

[19] Delhi domestic working  Women  Forum v union of India (1995) 1 SCC 14

[20] The criminal law ( amendment) act,2013 ( Nirbhaya Act)

[21] The Hadiya case

[22] Section23

[23] Joseph shines v state of Kerala.

[24] Lily Thomas v union of India

[25] Bikshapathi v Andhra Pradesh

[26] C. Nehru Babu v state of Andhra  Pradesh

[27] Sham lal v. state of Haryana

[28] Seema v ashwani kumar, AIR 2006 S.C 1158

[29] Vaddeboyina tulasamma v.vaddeboying shesha Reddi, 1977 SCR(3)261

[30] Mrs. Mary Roy etc V. State of Kerala & ors ,1986 AIR SC 1011

[31] Mohd. Ahmend khan v. shah bano begum ,(1985 SCR(3)844)

[32] Shamim Ara v .state of u.p, 2002 (7)SCC 518

[33] Daniel latifi v. union of India

[34] Lata singh v State of Uttar Pradesh ,2006 (6)Scale 583

[35] Roxann  sharma v. arun sharma, civil appeal no. 1967of 2015

[36] S.R.Batra & Another v smt taruna Batra AIR 2007 SC 1118

[37] D .Velusamy v. D. Patchaiammal,(2010)10 SCC 469

[38] Raj Bahaduar v. legal remembrance (AIR 1953cal.522)

[39] Abdul kadir v. salima (1886)8 all149.

[40] Ashok kumar v. state of rajasthan

[41] Centre for enquire into health and allied themes (cheat) v. union of India ,2003(8)SCC398

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