WOMEN’S RIGHT IN INDIA: A BOON OR BANE

Archana Gupta

S.S. KHANNA GIRLS' DEGREE COLLEGE (UNIVERSITY OF ALLAHABAD)

Editor: Sakshi Soni

ABSTRACT:- 

The early history of Hindu culture is the Indus Valley Civilization. Going through the pages of history archaeological evidence shows that female deities were worshipped at that time which could well indicate that women of that period were given reverential treatment.

During the Rig-Vedic period there are instances to show that girls and boys were given equal treatment but the girl's activities were restricted to household chores like cooking, washing, and child rearing. She was even termed the goddess of the house, but privileges were mostly in principle. Manu admired women worship but nevertheless the women of that period moved about freely in society, as there was no "pardah system". There was also no child marriage or Sati and the condition of widows was not abominable, as in later period, widows could even remarry. Girls chose their own partner and were known to take part in agriculture, weaving and attained almost equal status in religious ceremonies and were given religious education like boys.

In the later Vedic period that woman's status - if it can be termed as such began to deteriorate drastically. It was during this period that the caste system developed and girls and boys could no longer interact freely. Subsequently, the practice of child marriage was introduced. This cause of woman's greatest suffering brought with it its expected evil effects. 

Empowering women has a long history in India. Great social reformers in the past like Raja Ram Mohan Roy, Swami Vivekananda, Acharya Vinobha Bhave, and Ishwar Chandra Vidyasagar, etc abolished ghastly practices like Sati and child marriage and worked relentlessly in the past for the upliftment of women. In India, women have the right to equality guaranteed by Article 14 of the Constitution; Article 15(1) prohibits gender discrimination.  Some of the specific laws sanctioned by the Indian Parliament regarding women's rights include the Equal Remuneration Act of 1976, the Maternity Benefit Act of 1961 and the Sexual Harassment of Women at Work Place (prevention and protection act) of 2013. Although the Indian constitution guarantees equal rights for men and women, gender disparity persists both in urban and rural areas.

KEYWORDS:- 

Sexual harassment, dignity, equality, sati pratha, widow remarriage, dowry death, domestic violence, succession act, etc.

EXPLOITATION OF WOMEN:-  

The Constitution of India guarantees to all citizens men and women, "equality of status and opportunity... assuring the dignity of the individual". Further it expressly "prohibits any discrimination". The Constitution not only provides for equal rights and privileges for both women and men but has also enacted a series of social legislations like Marriage Acts, Succession Acts, Dowry Prohibition and Domestic Violence Act, Wage Act. Instead of being equals with men, Indian women are the most bruised, battered and exploited section of society- the victims individual or gang violence, the pawns of husband, brothers and employers, the targets of male lust and greed. Mahatma Gandhi said, "Woman is the companion of man gifted with equal mental capacities... and she has the same right of freedom and liberty as he." Despite this, She is not attaining equal rights in every sphere of life. In employment, education, marriage, political and professional life she is neglected by her male counterparts.

LEGISLATIVE ROLES TO PROTECT WOMEN’S RIGHTS:- 

From ancient time, condition of women was not very much good. They were debarred from the equal representation in political matters as man had, there were gender biasness, infact sometimes most of the womans face troubles in their homes such as domestic violence, dowry death and sexual harassment etc. After seeing the worst condition of all the women, prevails in the society, Indian legislature took some significant steps to protect the life and dignity of every women. Some are as under:-

1.     The Prevention of Sati Act 1829: The glorification of the ideal of "Pativratya" had led to the inhuman practice of "Sati." Widows were often forced to make a vow or "Sankalpa" to die after their husbands. Some were forcibly pushed to their husbands' funeral pyres. Famous Brahmo Samajist, Sri Raja Ram Mohan Roy took up the cause of women and impressed upon Lord Bentinck who was the then British Governor-General of India to bring out legislation prohibiting the practice of "Sati."  

2.     The Hindu Widow Remarriage Act, 1856 this legislation was complementary to the previous legislation, that is, 'The Prevention of Sati Act of 1829'. Though widows were saved from the jaws of death they were subject to exploitation and humiliation. To remove the deplorable condition of the Hindu widows, a leading social reformer of the day, Pandit Ishwara Chandra Vidya Sagar, brought pressure on the British Government to make legal provisions for widow marriages. The Hindu Widow Remarriage Act of 1856 was hence passed.

3.     The Hindu Marriage Act of 1955 abolished all caste restrictions and unnecessary requirements for a valid marriage. This Act applies to Hindus, Buddhists, Sikhs, etc., the chief aim of the Act was to amend Hindu marriage Act and to codify it. This Act came into force on May 18, 1955. Salient features of this Act are the provision of judicial separation. It makes monogamy the rule for men as well as for women. 

4.     The Hindu Succession Act came into force on 17 June 1956. It replaced the earlier Hindu Law of Inheritance (Amendment) Act (II of 1929) and the Hindu Women's Property Right to Property Act of 1937. This Act confers for the first time absolute rights over the property possessed by a Hindu woman. Secondly, both the sons and daughters derive the right of inheritance from the property of the intestate Hindu. Thus, this Act overcomes the prejudice against women acquiring the property of the father.

5.     The Hindu Adoption and Maintenance Act came into force from December 21, 1956. "Maintenance" under this Act to include food, clothing, residence, education, medical attendance and treatment. In case of an unmarried daughter, it included the incidental expenses to be incurred for her marriages. This is also a significant step towards enhancing the status of women.

6.     Dowry had plagued the society for ages. Society has adopted this social evil for a variety of reasons. For instance, giving dowry has become a status symbol. It is also recognized as a religious custom. The Dowry Prohibition Act of 1961 assured that the system of dowry was completely prohibited, the giver as well as receiver of dowry punishable. 

7.     The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Government of India) to review the Constitutional and Legal safeguards for women recommend remedial legislative measures; facilitate redress of grievances and advise the Government on all policy matters affecting women.

8.     The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of

India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act was passed by the Parliament in August 2005 and assented to by the President on 13 September 2005.

MISUSE OF LEGISLATIVE LAWS:- 

These Laws were enacted with a bona fide intention of protecting women against various types of discrimination, Sexual Harassment, and Injustice. However, as time passed, there were many cases in society where these laws could be misused. There are many examples where it can be seen that women exploit these laws for their benefit. In India, Laws made are Gender-specific, which means some laws protect the Rights of a woman but no law protects the rights of a man. Women misuse the laws made for their protection against men, due to which sometimes an innocent man is also considered guilty. But now it is not the case, violence is no longer confined only to women. Men are also physically, emotionally, and sexually assaulted. They do not report this abusive behavior since the laws in India the law favors women.

1.      False Dowry Cases: False dowry cases, which are brought under Section 85 of BNS^[1], are among the most frequently cited instances of misuse. This clause intends to shield married women from abuse and dowry-related harassment. To bother their spouses and in-laws or to extract money from them, women and their families have on occasion made-up cases. According to data from the National Crime Records Bureau (NCRB), many Section 85 dowry charges are fabricated or without merit. 

2.      Misuse of Domestic Violence Act: Another significant piece of law to fight domestic abuse is the Protection of Women from Domestic Abuse Act (PWDVA). However, there have been instances where women have abused the legal system to falsely accuse their partners or inlaws. Some examples include making fictitious accusations of physical or psychological abuse, trying to make money, or getting a leg up in divorce and custody disputes. 

3.      False Rape Allegations: While it is important to help and defend sexual assault victims, there have also been cases of false rape accusations. A person's life, reputation, and profession can all be destroyed by false allegations. False accusations have occasionally been made as a result of personal grudges, extortion schemes, or to obtain an advantage in court trials.

4.      Misuse of Anti-Dowry Laws: Other dowry law measures, such as the Dowry Prohibition Act and Section 80 of the BNS (dowry death), have also been utilised improperly in the past, in addition to Section 85 of BNS. 

5.      Misuse of Sexual Harassment Laws: A safe workplace for women is what the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act aims to achieve. However, there have been instances where women have abused this rule by accusing superiors or coworkers on the basis of false information, harming their reputations and jobs.

CONCLUSION:- 

Hence from the above discussion we can see two contradictory perspectives. On the one side we see that whatever legislative laws are made, that were needed at that time for the protection of the rights and to ensure dignity of the women. At that time the condition of women was worst like according to Indian laws, it become possible to safe the womans from domestic violences, dowry death, sati pratha, provision for rape cases etc. On the another side we see that womans misuse of these laws and hamper the dignity of the man in society. In sometimes women put false allegation on man, abuse her in- laws etc.  In my opinion there should be more such laws and Act for the protection of women as well as such types of laws which would not misused by womens. There should be equality for both man and women. 

LEADING INDIAN CASES:- 

1. Mary Roy and Others v. State of Kerala and Others² (Chief Justice PN Bhagwati and Justice RS Pathak) 

   This case addressed discriminatory inheritance laws under the Travancore Christian Succession Act, 1916, which granted women only a fractional share in property as compared to men. Activist Mary Roy challenged the Act, advocating for equal property rights for Christian women in Kerala.

2. Neera Mathur v. Life Insurance Corporation of India and Another³ (Justices K Jagannath Shetty and Yogeshwar Dayal) 

Neera Mathur, an employee of LIC, was dismissed from her job for not disclosing her pregnancy on the employment declaration form. She approached the Supreme Court, claiming that the termination was discriminatory and humiliating. The Supreme Court ruled in her favor, holding that such intrusive and irrelevant questions regarding a woman’s personal health were unconstitutional and violative of Article 14. It recommended the removal of such declarations from employment forms, ensuring dignity and privacy for women in the workplace.

3. Vishaka and Others v. State of Rajasthan and Others⁴ 

(Chief Justice JS Verma, Justices Sujata V Manohar, and BN Kirpal) This landmark case stemmed from the gang-rape of a social worker in Rajasthan, prompting women’s rights groups to approach the Supreme Court for legal safeguards against sexual harassment in workplaces. The Supreme Court laid down comprehensive guidelines to prevent

 and address sexual harassment at workplaces, known as the Vishaka Guidelines. The Court held that such harassment violated a woman’s fundamental rights to equality, dignity, and a safe working environment under Articles 14, 15, and 21 of the Constitution. This judgment eventually led to the enactment of the POSH Act, 2013.

4. Joseph Shine v. Union of India (2018)⁵ 

(Chief Justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY

Chandrachud, and Indu Malhotra)

In this landmark judgment, the Supreme Court decriminalized adultery under Section 497 IPC, stating that the law treated women as property of their husbands and violated their dignity.

The Court held that the provision was unconstitutional as it perpetuated gender inequality and denied women their autonomy, reinforcing the principle of equal dignity under Article

21.

5. Mohd Ahmed Khan v. Shah Bano Begum & Others (1985)⁶ 

(Chief Justice YV Chandrachud and Justices Ranganath Misra, DA Desai, O Chinnappa, and ES Venkataramaiah) 

This landmark judgment upheld the right of a divorced Muslim woman, Shah Bano, to claim maintenance under Section 125 of the CrPC. Despite religious opposition, the Court held that a Muslim husband is obligated to provide maintenance beyond the iddat period if his former wife was unable to sustain herself. The judgment strengthened the position of divorced Muslim women by emphasizing their constitutional right to maintenance, irrespective of personal laws.

REFRENCES:- 

• https://pledgefoundation.org/blog/why-empower-women 

• https://www.dailyexcelsior.com/feminism-and-women-a-bane-or-a-boon/            

• https://www.legalserviceindia.com/legal/article-12536-ucc-a-boon-or-bane-for-indianhttps://www.legalserviceindia.com/legal/article-12536-ucc-a-boon-or-bane-for-indian-women.htmlwomen.html 

• https://www.studocu.com/in/document/osmania-university/law-of-crimes/articlehttps://www.studocu.com/in/document/osmania-university/law-of-crimes/article-women-laws-all-available/121252033women-laws-all-available/121252033             

• https://yourstory.com/2018/01/8-landmark-judgements-that-changed-the-course-forhttps://yourstory.com/2018/01/8-landmark-judgements-that-changed-the-course-for-women-in-indiawomen-in-india 

• [1] Bhartiya Nyaya Sahinta (2023)