Abstract
Woman Empowerment, in the recent past has become a burning issue not only in India but the world over. Women have started treading the path of their opposite gender, abinitio in the following mode, thereafter alongside and now possibly moving ahead. These lots of women are those who have got or seized the opportunity and were also encouraged by the benefactors and are still a very miniscule part of the population. The degradation and exploitation of the women be it in the urban or rural domain still continues in all spheres of their life. Stringent measures to ensure the safety and security of the women have been taken and landmark judgments upholding the status and dignity of the women have been decreed.
Status of the Woman: A Glimpse Into History
Woman over the ages has been considered the weaker sex. Even though considered as the supreme power in terms of Sati, Durga, and Kali in the mythological legends, the kind of respect and status that a woman should be getting seems to be lost in oblivion in the male dominated society. However, this was not the case in the ancient times and possibly the changes occurred in the society due to the numerous invasions faced by the country and subsequent societal changes that occurred due to the invaders now settling amidst the existing Indian Society. This brought in the concept of purdahs[1] i.e. keeping the women hidden from the prying eyes of the raiders and other concepts. Gradually, women security became priority and the society went into a drastic change in order to conserve the blood lineage. The concept of Sati was forcefully ingrained as the widow was considered as easily exploitable and She was coaxed burning on the pyre of her husband was given a religious angle. The Johars committed by the Rajputanis were considered heroic acts as it allowed the men to now go out in open without worrying about the safety of their weaknesses.
However, this led to degradation of the woman in the society. Gradually the rationale behind securing the women folk was lost track of and it became a part and parcel of the society, which unfortunately was also accepted by the women. The initiatives taken by certain personalities such as Raja Rammohan Roy, a 19th century moderate leader from Bengal advocated against the cruel practice of the burning of the widow as a way to guarantee that both the widow and the deceased husband would reside in heaven[2].
The Entire Base Of The British Argument Was On The Assumption That The Indigenous People Strictly Followed Religious Scripture As A Way Of Life.
Ishwar Chandra Vidyasagar brought in major radical changes such as The Hindu Widow’s Remarriage Act of 1856[3], Abolishing of Child marriage etc as a major step towards women empowerment.
The Constitution of India treats all citizens of India as Equal and women’s rights are upheld through the Fundamental Rights to Equality. However, how many of especially those in the rural part even know how to spell Constitution leave aside spelling it stuck to the draconian laws being given out by the Khap Panchayats and trying moving an inch against it would have resulted in serious repercussions not only for the women but her family also.
The only thing Permanent in this World is Change and gradually the society started changing for the better, possibly to make two ends meet in a household. Women started making entry in to the job sectors, abinitio, government, mostly medical practitioners and Engineering. With the augmentation of the IT sector the women entered the Corporate World giving tough competition to the men.
Did the mindset change? Now we had serious issues at the workplace, with the women facing humiliation not only at the hands of her bosses, but also colleagues or sometimes from the public. The case of Bhanwari Devi is a classic example, aftermath of which was the Vishaka Guidelines for Controlling Sexual Harassment frame din 1997, bringing in the Sexual Harassment in Workplace (Prevention, Prohibition and Redressal)Act, 2013,which assured personal safety and job security to millions of women who were able to step out of their households. The case also brought in stringent laws against the Child Marriages. However, exploitation does exist.
Rapes of women are another important facet which cannot be overlooked. Rape incidentally has considered to be a weapon and means to take revenge against the other armies. It is also a show of Male Dominance where by impregnating a hapless woman is considered to be a great achievement as a matter of pride. Incidentally the society overlooks and considers the woman as guilty. Why? Clearly because of the obnoxious mindset that has got ingrained into our psyche over the ages that the woman is to be kept in purdah and if she steps out, whatever happens to her is her own doing… She invited… The case of Nirbhaya was a major shemozzle of the Indian Society and Psyche. However, Rapes have occurred before this and are even occurring now. Did we stop? No … We are Males and we have the Power, but yes how the hanging of the culprits of Nirbahya did helped us… We now started killing the victim and we now had the courage and the urge to even rape young girls who just crossed their toddler age. Do we even know the reason behind it.The reason is that the society is still accepting such people in their folds and saving them. Why hasn’t their Hukka Pani been stopped and they been outcaste… I am yet to hear one such judgment by the Khap Panchayats. Two Fingers test to confirm virginity is another example of the immoral attitude. The case of Lillu @ Rajesh and Anr v. State of Haryana (2013), the Supreme Court ruled that the two-finger test is unconstitutional. It violates the right of rape survivors to privacy, physical and mental integrity and dignity[4].This judgment upholds the dignity of rape survivors.
Acid Attack is a new norm after the famous Gangajal Episode. A self-styled Romeo who can barely stand on his feet has an inflated ego that a girl has declined his infructuous offer of marrying him sought revenge and destroyed the very beauty which he was attracted to by throwing Acid on her. The case of Laxmi Vs Union of India, where an acid attack victim had to file a PIL to get justice. Whereas the apex court should have come down very harsh on the civic authorities making it a specimen landmark case. In Iran, the country where women empowerment is negligible, punished a man who had blinded a girl by throwing acid at her, by blinding him injecting the same acid in his eyes. I am yet to hear any such episode being repeated in Iran[5].
The case of Shayara Bano vs. Union of India (2017), the Supreme Court declared the practice of Triple Talaq (talak-e-biddat) un-Islamic and against the basic tenets of Quran.
Some Acts has been passed by Parliament to empower the women with legal rights i.e. Dowry prohibition Act of 1961, The Equal Remuneration Act 1976, The Prohibition of Child Marriage Act, 2006, The Sexual Exploitation of Women at Workplace Act 2013 etc.
Conclusion
The Women empowerment is and was always a norm of our society. Even in Chanakya’s Arthshatstra; a prostitute has been spelled out her rights. Any man who plunders her daughter or herself against her wishes is liable to strict punishment, both physical and financial[6].
Women officers’ entry in the Indian Armed Forces to include the permanent commission which in true sense indicates women empowerment by entering into, till now, male dominated domain.
Every year we celebrate International Women’s Day on 8th March, Women empowerment means the status of women from all the angles whether it is social, political, economic etc. India is one of the few countries in the world where maximum laws have been passed to protect the rights of women.There is no better tool for the development of women than empowerment. People think when girls attain the age of puberty she should get married due to societal pressure. But we should change our opinion, instead of being over protected; we should raise them in a way that they can handle the situations on their own. A woman has to be mentally strong and educated also. Education is a very powerful weapon to become powerful.
The Indian judiciary has also played a very important role in interpreting the law to uphold women’s rights and dignity in India, resulting in several landmark judgments.
References:
1. https://www.britannica.com/topic/purdah
2. https://feminisminindia.com/2018/10/29/sati-history-india/
3.https://en.wikipedia.org/wiki/Hindu_Widows%27_Remarriage_Act,_1856
4. https://timesofindia.indiatimes.com/blogs/legally speaking/virginity-test-why-the-two-finger-test-is-unscientific-illogical-and-illegal/
5.https://www.theguardian.com/world/2015/mar/05/eye-for-an-eye-iran-blinds-man-who-carried-out-acid-attack
6.https://www.sabhlokcity.com/2011/12/chanakyas-well-regulated-system-of-prostitution-in-ancient-india/
About author –
This article has been written by Adv. Pooja Kohli, BA, LLB, LLM, PGDFM, MBA(HR), Punjab & Haryana High Court, Chandigarh
