Author: Tanvi Sharma
Institution: Career Point University, Kota
Introduction:
Indian women’s constitutional provisions are a set of protections incorporated into the Indian Constitution with the goal of guaranteeing gender equality and strengthening women in all areas of life. These clauses are intended to safeguard women against discrimination, advance their welfare, and guarantee their equal involvement in social, political, and economic spaces. Women can live with dignity and have equal chances thanks to fundamental rights like Articles 14, 15, and 16, which guarantee the right to equality and forbid discrimination based on gender. Articles 39, 42, and 43 of the Directive Principles promote economic justice, equitable pay, and maternity support.
Nonetheless, the autonomous movement’s founders were dedicated to giving women equal rights and a position of respect and dignity in society. Because of their unique role in human society, women were granted protection from discrimination in the constitution, which was the fundamental law that resulted from the constituent assembly and treated both men and women equally.
Constitutional Provision for Women:
In addition to ensuring women equality, the Constitution gives the State the authority to enact laws that discriminate positively against women. The promotion of women in various fields has been the focus of our legislation, development strategies, plans, and programs within the context of a democratic polity. In order to guarantee women’s equality, India has also ratified a number of international agreements and human rights instruments. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was ratified in 1993, is a crucial one. In addition to ensuring women equality, the Indian Constitution gives the government the authority to implement positive discrimination policies that benefit women in order to offset the years of socioeconomic, educational, and political disadvantages that they have experienced.
In addition to ensuring equality before the law and equal protection under the law, fundamental rights also forbid discrimination against any citizen on the basis of race, religion, caste, sex, or place of birth and ensure that all people have equal opportunities in areas pertaining to employment. In this context, the Constitution’s Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c), and 42 are particularly significant.
Cases of Sexual Harassment and Rape:
According to data from the National Crime Records Bureau, the number of rape cases in India rise from 21,397 the year before to 22,172 in 2010, a 3.6 percent increase. Only 16,000 rapists received prison sentences out of over 68,000 rape cases that were reported nationwide between 2009 and 2011, painting a bleak picture of the conviction rate for sexual offenders.Only 5,724 persons were found guilty of rape in 2011, despite 24,206 incidents being reported to the National Crime Records Bureau. In a similar, 22,172 rape cases were reported in 2010, yet 5,632 people were found guilty of the crime. Only 5,316 of the 21,397 rape cases that were reported in 2009 resulted in convictions. In India, incest accounts for 40% of all incidents of sexual abuse, and in 94% of these cases, the perpetrator was a known household member.
Compared to the previous year, when there were 9,961 cases, the number of these cases has dropped by 14.0% this year. Compared to the national average of 0.7%, Andhra Pradesh has the highest recorded crime rate (4.3%). Between 2007 and 2008, there was a noticeable rise in the number of rape cases.Between 2008 and 2011, there was a mixed trend in the incidence of rape.The biggest number of rape cases (3,406) has been reported in Madhya Pradesh, which accounts for 14.1% of all rape cases nationwide. Compared to the national average of 2.0%, Mizoram has reported a crime rate of 7.1. Incestual rape and other rape cases are other classifications for rape cases.
Domestic Abuse and Dowry Deaths:
Ten women are attacked with acid per week in Bangladesh, 15,000 young brides are burned to death annually in India, and 450 honor killings were reported in Pakistan in 2002 (OXFAM 2004). One of the saddest legacies of South Asia is the prevalence of violence committed by close relatives.In India, incest accounts for 40% of all incidents of sexual abuse. According to a survey on violence against women in India, family members were engaged in 94 percent of the cases (Naved 2004). In South Asia, violence against women frequently starts prior to childbirth. An estimated 50 million Indian women are thought to have gone missing as a result of female infanticide, sex-selective abortions, or neglect. So much so that the sex ratio is extremely unsettling in some Indian states.
The prevalence of domestic violence in South Asia varies by community and is contingent upon the questions posed. According to a poll of 1,842 women in Tamil Nadu and Uttar Pradesh, 40% of the women said they had been beaten by their wives.According to a poll of 1,000 women in Pakistan, 35% of women in rural areas and 55% of women in urban areas reported having experienced domestic abuse. According to two surveys, the percentage in Sri Lanka was 60 percent and 32 percent, respectively (UNIFEM 2004). In a given year, they discovered that women died more from “injuries” than during childbirth; they claim that injuries “seem to be an indicator of violence against women.”
One of the main causes of death is fire-related occurrences; in India, fires kill over 100,000 women annually. Many occurrences, according to the experts, may be connected to dowry demands that result in women being burned alive. A certain amount of social acceptance exists for violence against women in many situations. According to a government survey, 54% of Indian women and 51% of Indian men said they could defend beating their wives.
Trafficking of Girls and Women:
Women and girls who are trafficked into prostitution and bonded labor both originate in and end up in India. Although it is challenging to determine the precise number of trafficked women and girls, some national and international organizations have projected statistics.According to the NHRC study on “missing children,” which is mentioned, 44,000 youngsters in the nation go missing on average each year. Eleven thousand of these have not been found. According to the report, it is completely intolerable that “missing children” situations-which may or may not be related to human trafficking-are treated similarly to “lost and found” instances. These women would have survived if they had access to the same medical care, medications, and food as males.
Torture (Cruelty By Husband & Relatives):
The number of “torture” cases in the nation has risen from 94,041 cases to 99,135 cases, a 5.4% increase. West Bengal accounted for 19.9% of these instances (19,772 cases).
Conclusion:
The Constitution provides a thorough framework for furthering women’s rights and interests by upholding fundamental rights, fostering economic justice, and guaranteeing participation in local governance. Even though there has been a lot of progress, there is still more work to be done until gender equality is achieved. To realize the constitutional goal of a society where women can live with equality, freedom, and dignity, cooperation between the State, civil society, and people is essential.
References:
[1] A BBC report on “How India treats its women” from December 29, 2012, was retrieved on February 12, 2013, from www.bbc.com.
[2] National Crime Records Bureau, Ministry of Home Affairs, Government of India, New Delhi, NCRB, (2011), Crime in India: Statistics-2011.
[3] Patel, C.L. (1996) Central India Law Quarterly, Vol. lX: IV, New Delhi, “Empowerment of Women and Law.”
[4] Reuters, ‘India advances, but many women still caught in dark ages’, cited in Thomson Reuters Foundation’s AlertNet, retrieved on February 6, 2013, and available at www.trust.org/alertnet/news/feature-indiaadvances-but-many-women-still-trapped-indark eras/.
[5]UNIFEM, Who Reports to Women (2010)? UNIFEM, New York City, GENDER & ACCOUNTABILITY
[6] Wardak, Ariana, “Indian woman gangraped, set on fire by abusers,” Thomson Reuters Foundation, TrustLaw, retrieved on February 6, 2013, at www.trust.org/trustlaw/news/indian-woman-gangraped-set-on-fire-by-abusers-report.
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