What are the UN conventions regarding the elimination of women discrimination in India?
Women have been facing discrimination in many forms since ancient times. It includes forcing them to do sati, depriving basic rights of education, not having equal decision making powers like men and always being the only caregiver of the family. With the passing of time and upgradation of society, the need to have a law protecting women and their basic rights was highly needed.
Every country has its constitution and offers basic fundamental rights to each citizen without discriminating in gender, race, religion or place of birth. The constitution and the Indian Supreme court stand tall and strong as a guardian to every citizen. If a person- man, woman, child, transgender, etc. are denied any fundamental rights, they can at any time exercise their Right to constitutional remedies i.e., Article 32 of the Indian constitution. This right is the true essence of the constitution. It gives the freedom to the deprived citizen to directly approach the supreme court.
STEPS TAKEN BY THE INDIAN GOVERNMENT AGAINST WOMEN DISCRIMINATION-
· Fundamental rights – Certain articles in the Indian constitution are based on equality. The makers of the Indian constitution kept in mind the entire society and not one gender while framing. Article 14 and 15 ensure that no citizen shall be discriminated against on the grounds of gender. If the state thinks that any kind of discrimination is taking place, it can make laws to curb it, which is ensured in the Article 15(3).
· Directive principle of state policy – these are a set of policies that a state should adopt and implement to establish a welfare society. Article 39 emphasizes on having equal pay for equal work. Women should not be paid less than men because of their physical limit. Article 42 puts forth a humane condition and maternity relief for women. After the landmark judgment of 26 weeks of paid maternity leave, it has given a relief to all working women who were to plan a family. In this manner, work motivation is maintained and both employee and employer remain satisfied.
· Fundamental duties – they are a set of duties which every Indian citizen should follow so that peace remains in the society. One of the duty which almost everyone should follow is the Article 51(A), which ensures that practice that derogate women’ life and dignity should not be practiced.
· Certain laws – (i) – Protection of women from domestic violence act, 2005 – Women and children are sole victims of violence. Due to alcohol, drugs, mental condition, men tend to pour all their anger on women and children. Due to this domestic violence, acid attacks, marital rape, etc. have seen a surge in past few years. A woman who has been a victim of domestic violence can under this law get remedy through legal aid. There are certain self-help groups and NGO’s who give shelter to such victimised women and help them get employment and become independent.
(ii) Dowry prohibition act, 1961 – many places in India still witness instances of dowry exchange. This naturally puts a pressure on the woman’ family, they have to adhere to the demands for getting her daughter married. If the dowry is not provided according to the demand, it leads to the woman facing mental and physical torture. This law is like a torch-bearer for the society, it strictly prohibits request, payment and acceptance of dowry in any form.
(iii) sexual harassment of women at workplace act, 2013 – getting a job as a woman demands a lot of requirement. Not only a degree, extra working hours, always proving her worth, etc. always is demanded from a woman more than men. The threat of getting molested, harassed, stalked always haunts a woman and her family no matter how developed a society becomes. Supreme court Vishakha guidelines and this law focus on safeguarding working women and assures legal aid if they face such issues. There are certain helpline numbers released by police department which is available 24*7 for the safety of women.
STEPS TAKEN BY THE INTERNATIONAL AGENCY LIKE UNITED NATIONS AGAINST WOMEN DISCRIMINATION-
International forum like UN has also come across the issue of women discrimination since several years. The issues were surging so rapidly that it had to dedicate an entire wing for women security and legislation. In July, 2010 the UN general assembly created UN women, the United nations entity for gender equality and empowerment. The creation of this body came as a part of the UN reform agenda bringing together all the mandates for greater results.
Main role of UN Women – (i) – to help and guide inter-governmental bodies to formulate policy and norms keeping in mind that development of women is more important.
(ii) – to help member states implement policy and cater any kind of technical or financial needs if required.
(iii) – regular monitoring of the policy and rating system so that the member states take it seriously and implement women centric laws.
The advantage of the UN entering into these issues is that every country will take women centric legislation seriously and would want to establish a good image and rapport in the international front. The global stats speak that every third of all women and girls experience physical assault once in their lifetime. 1 in two women were killed worldwide by their partners in 2017, mostly due to alcohol, drugs. There are only 52% married women who are able to make free decisions in contraceptive use and health care rest are driven by the patriarchal decision.
India’ scenario is no good when it comes to women and their protection. In 2017, almost 4 lakh cases of crime against women were reported. It included domestic violence, rape, molestation, acid attack, marital rape, etc. Uttar Pradesh has recorded the highest number of crimes whereas states like goa, Meghalaya reported the lowest number of crimes against women.
INTERNATIONAL SCENARIO –
25th November every year is marked as International day for the elimination of violence against women, giving a tribute to the mirabal sisters who were brutally murdered. The theme for the year 2019 was Orange the world – Generation equality stands against rape. The UN’ secretary general’ campaign for the year 2020-22 was to specifically focus on rape committed on women during peace or war.
The sustainable development goals (2015-2030) of the United Nations was an extension of the Millennium development goals. It focuses on 17 goals which cover almost all dimensions necessary and crucial to be looked at. The sustainable development goal number 5 focuses on establishing gender equality by 2030.
No matter how many legislation and judiciary participate in making women’ discrimination, it cannot be completely curbed unless the society becomes gender sensitive and gender neutral.
REFERENCE - Times of India, UN website, Drishti IAS website.