Rights of women under the Indian constitution and laws of the nation.
Who are women?
This word ‘women’ has different meanings under different phases of their life. According to the word woman is an adult human female, a female person associated with a particular place, activity, or occupation, a female worker or employee, a man’s wife, girlfriend, or lover.
The “woman” in English has made headway over the past millennium from wīfmann to wīmmann to wumman, and finally, the present day it’s known as woman.
What are the Women’s human rights?
As the prominent saying goes, “women’s rights are human rights.” That is to say, women are entitled to all of these rights. Yet almost everywhere around the world, women and girls are still rebuffed, because of their gender.
According to dictionary women rights are the rights that encourage a position of legal and social equality of women with men. The women are also sometimes worn for female humans, regardless of age, as in phrases such as “women’s lib”.
Women’s rights are the fundamental human rights that were treasured by the United Nations for every human being on the marble nearly 70 years ago. These rights include:-
- The right to live free from violence;
- To be educated;
- To own property;
- To vote; and
- To earn a fair and equal wage.
The women rights under the Indian Constitution.
It is broadly divided into two parts:-
- The state shall not be intolerant against any citizen of India on the ground of sex [Article 15(1)].
- The state is empowered to make any exceptional provision for women. This enables the state to make affirmative discrimination in the esteem of women [Article 15(3)].
- No citizen shall be prejudiced against or be unqualified for any employment or office under the state on the ground of sex [Article 16(2)].
- The state to be assured for men and women are fairly the right to an adequate means of livelihood [Article 39(a)].
- The state is reliable equal pay for equal work for both Indian men and women [Article 39(d)].
- The state is required to guarantee the health and strength of women workers.
- The state shall make provision for securing and humane conditions of work and maternity relief [Article 42].
- It shall be the responsibility of every citizen of India to renounce procedure derogatory to the dignity of women [Article 51-A(e)].
- One-third of the total number of seats to be filled up by direct election in every Panchayat shall be reserved for women [Article 243-D(3)].
- One-third of the entire number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)].
- One-third of the aggregate of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)].
- The offices of chairpersons in the Municipalities shall be restrained for women in such manner as the State Legislature may provide [Article 243-T(4)].
- Protection of Women from Domestic Violence Act (2005) is all-inclusive legislation to protect women in India from all shapes of domestic violence. It also counterbalances women who have been/are in a relationship with the abuser and are lay open to the violence of any kind-physical, sexual, mental, verbal, or emotional.
- Immoral Traffic (Prevention) Act (1956) is the premier legislation for the prevention of trafficking for commercial sexual exploitation. Otherwise speaking, it prevents trafficking in women and girls for the purpose of prostitution as an organized means of living.
- Indecent Representation of Women (Prohibition) Act (1986) prohibits filthy portrayal of women through advertisements or in publications, writings, paintings, figures or in any other manner.
- Commission of Sati (Prevention) Act (1987) provides for the more effective elimination of the commission of sati and its glorification on women.
- Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or prior to or any time after the marriage from women.
- Maternity Benefit Act (1961)manage the employment of women in certain establishments for certain period before and after child-birth and provides for maternity compensation package.
- Medical Termination of Pregnancy Act (1971) furnishes for the termination of certain pregnancies by registered medical practitioners on generous and medical grounds.
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and put a stop to the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide.
- Equal Remuneration Act (1976) provides for remittance of equal remuneration to both men and women workers for the same work or work of a similar nature. It also prevents discrimination on the floor of sex, against women in recruitment and service conditions.
- Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to the dissolution of her marriage.
- Muslim Women (Protection of Rights on Divorce) Act (1986)safeguard the rights of Muslim women who have been divorced by or have to acquire a divorce from their husbands.
- Family Courts Act (1984) puts up for the establishment of Family Courts for speedy settlement of family disputes.
- A Penal Code (1860) carries provisions to protect Indian women from dowry death, rape, kidnapping, cruelty, and other offenses.
- Code of Criminal Procedure (1973) has certain safeguards for women’s tasks of a person to keep going to his wife, the arrest of a woman by female police, and so on.
- Indian Christian Marriage Act (1872) contains provisions relating to marriage and divorce amid the Christian community.
- Legal Services Authorities Act (1987) gives up for free legal services to Indian women.
- Hindu Marriage Act 1955 initiated the monogamy and divorce on certain specified grounds and gives equal rights to Indian men and women in respect of marriage and divorce.
- Hindu Succession Act (1956) recognizes the right of women to inherit parental property uniformly with men.
- Minimum Wages Act (1948) does not allow discrimination between male and female workers or different minimum wages for them.
- 20. Mines Act (1952) and Factories Act (1948) stops the employment of women between 7 P.M. to 6 A.M. in mines and factories and provides for their protection and welfare.
- 21. The following other legislation also contains unquestionable rights and safeguards for women:
1. Employees’ State Insurance Act (1948)
2. Plantation Labour Act (1951)
3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11. Hindu Adoptions and Maintenance Act (1956).
22. National Commission for ladies Act 1990 rendered for the establishment of it to impart education and monitor all affairs concerning the constitutional and legal rights and safeguards to women.
23. Harassment of girls at workplace its prevention, prohibition, and redressal act 2013 gives the protection to women from harassment in the least workplaces both publicly and personal sector, whether organized or unorganized.
These rights exist to support the tireless and courageous efforts of girls. The independent women who are working are now can own property, vote run office, get paid fair wages, and live free from violence including the violence sexual abuse, and harmful practices like female genital mutilation.
Rights of girls under International Law
Human rights law is developed through international treaties and in the customary law of nations. Women’s human rights comprises of the proper to be free from discrimination, equal treatment, and freedom from violence. within the International Human Rights Law, States must respect, protect, and fulfill these rights.
The international human rights instruments specifically address women’s rights as provided under:
African Charter on Democracy, Elections and Governance ARTICLE 8(2), 29, and 43;
African Charter on Human and Peoples’ Rights art. 18(3); alongside with the Protocol to the African Charter on the Rights of girls in Africa (“Maputo Protocol”);
African Charter on the Rights and Welfare of the kid – Article 14(e);
American Convention on Human Rights arts. 1(1), 6(1), 27(1);
American Declaration of the Rights and Duties of Man arts. 2 and 7;
Arab Charter on Human Rights arts. 3, 4, 10, 33, 34, 41, and 43;
Convention on the Elimination of All sorts of Discrimination Against Women;
Convention on the Nationality of Married Women;
Convention on the Political Rights of Women;
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others;
Council of Europe Convention on Preventing and Combating Violence against Women and violence also mentioned as the “Istanbul Convention”;
European Convention for the Protection of Human Rights and Fundamental Freedoms -“European Convention on Human Rights”- art. 14;
European Social Charter (arts. 4(3) and 8) & (articles 4(3), 8 and 27);
Inter-American Convention on the Granting of Civil Rights to Women;
Inter-American Convention on the Granting of Political Rights To Women;
Inter-American Convention on the Nationality of Women;
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (“Convention of Belém do Pará”);
International Covenant on Civil and Political Rights arts. 2, 3 and 26;
International Covenant on Economic, Social, and Cultural Rights arts. 2, 3 and 7(i);
UN Standard Minimum Rules for the Treatment of Prisoners paras. 6, 8, 23 and 53;
Universal Declaration of Human Rights -Preamble.
Additional treaties, which can address specific human rights or protect the rights of other vulnerable groups, apply equally to women. Human rights treaties also generally include a non-discrimination provision that prohibits discrimination on the idea of gender and other grounds, and entitles women to full and equal enjoyment of these treaties’ provisions.
The United Nations (UN) Convention on the Elimination of Discrimination against Women (CEDAW) is the most comprehensive treaty on the rights of girls. It criticizes any sort of discrimination against women and aver the importance of guaranteeing equal political, economic, social, cultural, and civil rights to women and men. CEDAW states that there should be equal political, economic, social, cultural, and civil rights for ladies no matter their legal status and requires States to sanction national legislation banning discrimination.
* International humanitarian law
* International legal code
* International labour and employment law
* The African Charter on the Rights of women in Africa also mentioned as “Maputo Protocol”;
* Inter-American Convention on the ‘Prevention, Punishment and Eradication of Violence Against Women’;
* Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence;
But still the question arises does one actually knows her rights? Are they aware? Are their parents following the law?
No, consistent with my very own experience the ladies and girls in rural areas aren’t conscious of there rights at National also as International level. They think whatsoever are taught by their parents are good, it’s great to concentrate on the oldsters but, not always. the women here are married at a very early age of 17,18 as if they are doing not have their lifetime of their own. They don’t even have proper education if they get failed in their primary education for once they’re asked to remain reception and find out how to cook and that they start training their daughters for his or her married life.
By Rajshree Lakshmi-