JUSTICE OF WOMEN
JUSTICE OF WOMEN
Author : TEJASVINI- RAI of The ICFAI University Dehradun
WHY SHE NEED JUSTICE?
Any study of society is incomplete without the study of the status, role and position of women in it. In the Indian Society, Women played the key stone role at every stage.
As from starting, Women had a respectful position. In the Rig Vedic period, women status is discussed below to give the clear understanding about my thought of that era:
- Educational Opportunities for women: The authors of the vedic hymns include, Lopamudra, Ghosa, and Sikata-Nivavari which was figure out. The women had the opportunities to study the Vedic literature like men. Females were never ill-treated or misused although male children were preferred to female children. “Brahmaachary” discipline including the “Upanayana” ritual were performed which involve both the participation of boys as well as girls.
- Freedom Enjoyed by Ancient Women: Women never observed “purdah”. Widows were allowed to remarry after the death of husband. In early vedic family affairs, wives were considered to be ardhangini[1](better half) and sahadharmini(equal partner).
- Economic Production and Occupational Freedom: In Vedic period, home was the place of production as well as distribution including the work of weaving and spinning. Women also used to help their husband in agricultural field.
- Property Rights and Inheritance: Women had control over gifts and property, etc., received by a woman at the time of marriage but the major portion of the family property was under the control and management of the patriarch. Even wife were entitled for 1/3 rd property of husband after performing the rituals with husband.
The female of Epic India enjoyed an honorable position at home. In the Hindu culture, Ramayana and Mahabharata Epics had given a respectable place for every woman. Women like Kaikeye, Sita, Rukmani, Satyabhama, Sabitri, Draupadi[2], and others created a picture of expression of courage, strong will power, valour and prosperity.
WOMEN DURING THE PERIOD OF DHARMASHASTRAS & PURNAS
During this period, the status of women gradually declined and underwent a major change. Daughters were not regarded as first class citizens as compared to sons in that era.
The law giver[3] of Indian society gave the statement or even it was recognized that women have to be under father during childhood, under her husband during youth and under her son during old age. She doesn’t deserve freedom at any age, or any stage.
Thus, freedom of women was curtailed. Sons were more precious than daughter and deserve more weightage. In that era, girls were prevented from learning the Vedas and becoming Brahma charinis with boys, the girls were the helpers of boys.
FACTORS THAT CAUSE THE DEGRADATION OF WOMEN
The reasons[4] were many as such as, lack of educational facilities for women, introduction of the non- Aryan wife into the Aryan house hold and foreign invasions, rigid restrictions which were imposed by the caste system including distinguish religion, region and the joint family system with distinguish thought, negative emotion.
MY WRITING IS BASED ON VERY STRONG CHANGING ERA WHICH DEGRADE THE WOMEN WEIGHTAGE AND RESPECT IN SOCIETY-
- [5] and are incomplete without men.
- Education of Daughter: The girls of medieval India and especially Hindu society were not given formal education. Females were given education related to household chores so that they can be helpful in household works. A famous Indian philosopher wrote, “Vatsyayana” that women were supposed to be perfect in sixty four arts which included cooking, spinning, grinding, knowledge of medicine, recitation, instrument playing, dance rituals and many more.
- Sati System: The ritual of dying at the funeral pyre of the husband is known as “Sati pratha” or “Sahagaman”. Sati was considered to be the better option than living as a widow was the plight of other widows in Hindu society. It was considered that funeral pyre of her husband go straight to heaven so it’s good to practice this ritual.
- Jauhar System: It is more or less similar to Sati but it is a mass suicide. Jauhar was prevalent in the Rajput societies. In this custom wives immolated themselves while there is still alive. When people of Rajput clan were pulled for the battle against the enemy. Rajputs became sure that they are going to die at the hands of their enemy even though with the fraudster mindset. After that, all the women arrange a large pyre and set themselves afire, while their husband used to fight the last decisive battle known as “Shaka” with the enemy.
Thus, protecting the sanctity of the women and the whole clan, but this system lead to known others that ‘a wife is nothing without her husband’ and dependent upon husband. So if husband dies the purpose of women dies.
There were many reasons which degrade the personality of women as such, Child marriage, restrictions of widow remarriage, poor health conditions of women, high morality rate of women, etc.
SUPPORT OF SOCIAL REFORMERS-
1- Mahatma Gandhi- The social reformers of 19th century laid down the stage for the emancipation of women but it was Mohan Das Karam Chand Gandhi under whose influence these reforms reached masses. He was strictly against the child marriage and favored widow remarriage and even urged the youth to come forward and accept young widows as their life partner.
2- Swami Dayananda Saraswati- He was the founder of Arya Samaj and gave a cry, “back to Vedas”. Dayananda emphasized for the equal rights for women in every field. He translated Vedas from Sanskrit to Hindi so that the common read it and understand that the Vedic Hindu scriptures gave utmost importance to women.
3-Ishwar Chandra Vidyasagar- He was popularly known as Vidyasager, which means “sea of knowledge”. He was strongly supporter of women education in Bengal. Vidyasagar went door to door to persuade people to send their daughter to school, to learn, to develop, to have knowledge.
Like them, many have given their support for the upcoming of the women which is remarkable and can’t be forget. Mahatma Jyotirao Phule, Raja Ram Mohan Roy, Jyotirao Govindrao Phule, Sarojini Naidu, and many more such supporters.
CONSTITUTION OF INDIA
The Constitution of India guarantees to all Indian women equality before Law (Article-14), No discrimination by the state (Article-15[1]), Equality of opportunity (Article-16), Equal pay for equal work (Article-39[d]).
In addition, Constitution provides special provision to be made by the State in favor of women and children under (Article-15[3]), renounces practices derogatory to the dignity of women under (Article-51-A-e), and also allows for provisions to be made by the State for securing just and humane conditions of work and for maternity relief under (Article-42) so that injustice must not be performed.
MODERN INDIAN WOMEN
In modern India,the status of women is a sort of a paradox. If on one hand she is at the peak of ladder of success, on the other hand she is mutely suffering the violence afflicted on her by her own family members. As compared with past women in modern times females have achieved marvelous position, achieved a lot but in reality they have to still travel a long way so that they get equal place as male.
The main problems of Indian women include- lack of power, women cannot take decisions independently not even related to their own life, Poor health condition, the women are prejudiced from the birth itself; they are not breastfed for long. In the want of a son the women lost their health concerns whereas the male members get adequate care and nutrition.
In India, the mistreatment with women is one of the violence against is a common evil. Women are subjected to the torture including, physical and mental violence. There are many laws such as The Hindu Marriage Act of 1955, The Hindu Succession Act of 1956, The Hindu Remarriage Act of 1856, The Hindu Women Right to property Act of 1937, The Dowry Prohibition Act of 1961. In India, to protect women and punishment is severe.
As women were eventually supposed to be and in some areas of India are still considered to be curse by some strata of society. In some of the Rajput clans of Rajasthan newly born girl child was dropped in a large bowl of milk and was eventually killed as daughters birth are regarded as burden
The records of police custody in almost every area show high incidence of crimes against women in India. But many cases were not registered with the police due to social stigma attached to rape and molestation cases and even it’s the reality of today.
ROLE OF JUDICIARY IN SAFEGUARDING THE STATUS OF WOMEN
The Indian Judicial System has independently and effectively intervened on the every issue of women emancipation.
In the case, C.B. Muthamma versus Union of India[6], the landmark judgement headed by Justice V.R. Krishna Iyer.the validity of the IFS (Indian Foreign Service) Rules of 1961 was challenged under which it was provided that female employ to obtain a written permission of the government in writing before her marriage is solemnized and at time after a marriage a woman member may be required to resign from service according to the conditions of Services. The Supreme Court held that such provision or regulations were against the equality of gender and is discriminatory against women, hence unconstitutional.
The landmark judgement was given by the Apex Court in the case of Gita Hariharan versus Reserve Bank of India[7]. In this case, the court interpreted Section- 6 of the Hindu Minority and Guardianship Act 1956 was challenged. It was held that the mother could act as the natural guardian of the minor (both male and female child before marriage) during the father’s lifetime if the father was not in favor of taking charge of the affairs of the minor.
In Vishaka and others versus State Of Rajasthan[8], The Supreme Court held that sexual harassment of working women at her place of an employment amounts to violation of rights of gender equality and right to life and liberty which is clear violation of Article- 14, 15, 2,32 of the Constitution of India.
Apart from these cases there are many other cases in which the Apex Court had given the judgements, helping to give a dignified status to the women, for example- Madhu Kishwar versus State of Bihar, Gauri Jain versus Union of India, Delhi Domestic Working Women’s Forum versus Union of India, Bodhisathwa Gautam versus Shubra Chakraborty.
Concludingly, I would like to say that we have honored our country as our Motherland “Bharat Mata” and our nationalism has grown up from the seed Mantra “ Vande Mataram”. Then why? We can’t respect the dignity or status of women, we used to talk about women shakti, and the most important that she is not less than man but is it actual truth? Why woman always want justice from men, family, husband, and from dignity personality? She is half of the human race. Why there is always “her” fault? But when “she” will not be there “he” eventually cannot take birth on Earth.
The case of Nirbhaya has really shakened the world, everyone was having a candle in their hand for several days, made lakhs of poster, shouted for hours, cried for days, but then too it took around 7 years to give her justice. Why a girl always desire for justice or the equality in the world?
REFERENCE-
https://indiankanoon.org
https://www.youarticlelibrary.com
[1] In Indian culture, women had a significant place and regarded as Shakti (Female power)
[2] Women of Ramayana and Mahabharta
[3] The law giver concept, Manu.
[4] Reasons stated by Prabhati Mukharjee, the renounced sociologists.
[5] Women in Hindu Social System (1206- 1707 A.D.), Hindu ladies used to cover their head with a kind of veil(dupatta) known as ghoonghat.
[6] 1979 AIR 1868, 1980 SCR (1) 688.
[7] 1999, HELD BY JUSTICE UMESH C. BANERJEE.
[8] BENCH-CJI SUJATA V. MANOHAR, B.N. KIRPAL.
