Gender Equality: Women’s Rights in India
Photo: Asia News
Gender Inequality is a worldwide issue. As part of the Gender Equality Series featuring the fifth sustainable goal of the United Nations, this blog emphasises upon the rights women are given in India to bridge the gaps between gender. The blog firstly, describes the laws in Indian Jurisdiction for advancement of women and secondly, highlights the key decisions of the Courts empowering women. With the various legal precedents, the Indian Judiciary has put forth the need to change and empower women. There are particular legal frameworks for women under Article 53 in the Constitution of India, and social equity is one of the fundamentals of the Constitution of India.
Legal Framework
In 2013 parliament has passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This law is a key development that empowers women in the battle against gender-based mistreatment. Dowry is a social menace in India that has deep roots in the country. It is defined in Section 2 of the Dowry Prohibition Act, 1961 and additionally explained by the Supreme Court in Ashok Kumar v. State of Haryana [AIR 2010 SC 2839] as any property or profitable security that is given or consented to be given either expressly or in a roundabout way by one party (bride’s) to another amid or after marriage. In Satbir Singh v. State of Punjab [AIR 2001 SC 2828], the Supreme Court held that if property is given or consented to be given regarding the marriage it is considered dowry. Section 3 of the Dowry Prohibition Act 1961 guarantees punishment for issuing or taking dowry. The Hindu Succession (Amendment) Act 2005 has acquired a radical change in the present Act. Whether married or unmarried, women have been given the right of progression in the joint Hindu family property; if the Mitakshara Law represents the joint Hindu family. Stri implies ladies, and stridhan indicates the property of ladies. The Hindu sages characterise the stridhan as the property of women. As per section 14 of The Hindu Succession Act, 1956 property of a women is her supreme property. Section 29 A provides a measure appropriate to little girls in coparcenary property.
Indian Penal Code, 1860 contains different sections to shield women from infringement of their rights; for example, Section 354 states that strike or criminal power to women intending to shock her humility will be rebuffed. Section 354A discusses inappropriate behaviour when a man confers unwelcome physical contact and propels a request or demand for sexual support demonstrating erotica. Section 354C explains voyeurism which implies if any man watches or takes a picture of a woman in any conditions where she expects privacy. Section 354D discusses stalking. Women are often spoken about profanely in the media. Provisions identifying with profanity have been incorporated into sections 292 to 294 of the Indian Penal Code, 1860. In the historic point judgment, Ranjit D. Udeshi v State of Maharashtra [AIR 1965 SC 881], the Supreme Court acknowledged the test set down in English case R. v Hicklin [(1868) 3 Q.B. 360] to pass judgment on the indecency of an issue.
Judicial Precedents
The Judiciary has opined about the Right to Live with Dignity to Women. In Surjit Singh v. Kanwaljit Kaur [AIR 2003 P&H 353], the High Court held that restorative examination of a woman for her virginity would unquestionably violate her entitlement to protection. The virginity test is an infringement of the dignity of women. Live-in Relationship is another such example where Judiciary has portrayed its progression. In January 2008, the Apex court approved a long live-in relationship as a marriage, and children conceived from such a relationship will be legitimate. In Mohabbat Ali v. Muhammad Ibrahim Khan [AIR 1929 135 P.C.], the Court said that law presumes marriage against concubines when a man and woman have cohabitated constantly for many years. However, there is a prerequisite of confirming long-living together for several years. Yet, the quantum of years has not been indicated by law.
By Prerna Deep