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Women's Rights and Violence in India: A Study of Constitutional Safeguards

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Women's Rights and Violence in India: A Study of Constitutional Safeguards

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Odisha Review ISSN 0970-8669

Women’s Rights and Violence in India :


A Study of Constitutional Safeguards
Dr. Naresh Rout
Dr. Jayashree Bez

Abstract:-
Women have been playing a major role in shaping the society by providing the moral force in the home
environment. The position of women is half of the human capital of the country and one of the indices of
national development. Women have gained a lot of ground in politics, the workforce, and even more power
within their own households. There was a time in history when women were unable to voice their opinion
in politics being unable to cast a vote or run for office, and now in modern time there are more than one
woman running in the presidential campaign. Now women and men can both be the bread winners, the
stereotypical role place on women are slowly dissolving and both spouse parents are sharing the
responsibilities that come with the house and family. They are the embodiment of Shakti, the creator and
destroyer of human race. It needs to be recognised that women are builders and moulders of nation’s
destiny. They are the partner and soul of men and behind every successful man, there is a woman. But it is
deplorable to treat that they are the most neglected and deprived segment of the society. In most families
a daughter is viewed as liabilities and she is conditioned to believe that she is inferior and subordinate to
men. Sons are idolized and celebrated. “May you be the mother of hundred sons” is a common Hindu
wedding blessing. It is generally viewed empowerment of women is a solution to gender discrimination. It
is now widely believed that empowerment of women that is providing equal rights, opportunities and
responsibilities in the decision making process will go a long way in removing the existing gender
discrimination.
Keywords: Rights, Empowerment, Violation, Constitutional Safeguards, and Protection.
“A woman’s sphere of influence is a unique sphere, one that cannot be duplicated by men. Because of that
influence, women have an important responsibility in strengthening the kingdom of God on the earth”…..
M. Russel Ballard

Women have a unique position in every of tyranny at the hands of men who dominate the
society whether developed, developing or society. The position of Indian women is no better
underdeveloped. This is particularly due to the compared to their counterparts in other parts of
various roles they play during various stages of the world. On the one hand she is held in high
their life, as a daughter, wife, mother and sister
esteem by one and all, worshipped, considered
etc. In spite of her contributions and role in the
life of every human being, she still belongs to a as the embodiment of tolerance and virtue. But
class or group of society which is in a on the other hand she has been the victim of untold
disadvantaged position on accounts of several miseries, hardships and atrocities caused and
barriers and impediments. She has been the victim perpetuated by the male dominated society.
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Constitutional safeguards were however Government of India has always attached great
provided in independent India declaring that all importance to the protection and promotion of
are equal before the law and any discrimination the human rights of women and is committed to
based on sex, caste, race etc. is unConstitutional. achieving it. National plans and policies have
Special provisions made for women were consistently reflected a vision of progress that is
incorporated in the Constitution keeping in view not narrowly confined to expanding incomes, but
their position in the society. The general provision gives a central place to the achievement of human
dealing with equality as such was made in Articles- rights, freedoms and wellbeing for all.
14, 15, 16 and Article 23 dealing with traffic in The framers of the Constitution were well
human being. This was followed by Directive conscious of the discriminations and unequal
Principles (Article- 39 and 42) which deal with treatment meted out to the fairer sex, from time
equal pay for equal work for women at par with immemorial. They included certain general as well
men and maternity benefit for them. There are as specific provisions for the upliftment of the
also brief accounts of the Fundamental Duties status of women. They provided equality of status
towards women and an election provision and opportunities explicitly at some places and
prohibiting discrimination based on sex etc. There implicitly in all other places at par with men as
are other such provisions to protect the women citizens of India.
from gender bias and discrimination. But
It is true that the original Constitution of
unfortunately, the theoretical commitment to
India did not reflect concerns for gender justice
gender equality has failed to be transformed into
adequately as expected. It provides against
real practice.
discrimination on the ground of sex (Article-15
01. Constitutional Protection of the Rights &16) but it did not take note of discrimination
of Women: that is based on gender. Giving women certain
The status of women in India has been rights in order to compensate them for their
subjected to many changes over the past few reproductive function is not a charity but an
millennia. Women in India now participate in all obligation. Although clause 3 of the Article-15 of
activities such as education, politics, media, art the Constitution of India says that the state may
and culture, service sector, science and technology make special provisions for women, this is a
etc. Our Constitution guarantees equal rights to protectionist strategy and not an equalisation
measure. Women should be provided with
men and women. The Constitution is firmly
affirmative action by the state in order to help them
grounded in the principles of liberty, fraternity,
overcome the handicap which they suffered under
equality and justice. It contains a number of
the patriarchal regime. As all the fundamental rights
provisions for the empowerment of women.
are male centric, there is no possibility of getting
Women’s right to equality and nondiscrimination
equality for women.
are defined as justifiable fundamental rights. The
Constitution explicitly clarifies that affirmative However, this fundamental law of the land
action programmes for women are not through various provisions particularly as laid
incompatible with the principle of non- down in the Preamble, Part-III dealing with
discrimination on the ground of sex. The Fundamental Rights and in Part IV which deal

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with Directive Principles of State Policy thrive society enjoy the same protection and treatment
for securing gender justice thereby putting women as men which are guaranteed by the Constitution.
at par with men. Article-15 prohibits any sort of
Preamble: discrimination against women when it declares in
The Preamble to the Constitution of India clause-1 that ‘the state shall not discriminate
declares that social, economic and political justice against any citizen on grounds only of religion,
should accrue to all its citizens, which means caste, race, sex, place of birth or any of them’.
everybody both men and women should not be Article-15(3) provides that, ‘nothing in this Article
denied the fruits of justice. Social justice as shall prevent the state from making a special
interpreted means recognition of greater good to provision for women and children’. This obviously
a larger number without deprivation of legal rights refers that whenever any need arises due to
of anybody. So it is expected that the state should peculiar characterstics the women enjoy, the state
enact positive measures for the protection of the will not hesitate to meet their special needs by
weaker sections of the community (which includes enacting laws for them. This was the intention of
women also) so as to uphold the Constitutionality the framers of the Constitution and in order to
of such measures. The expression ‘social and improve the condition of women by giving special
economic justice’ intends to remove the economic protection, this particular clause has been inserted.
inequalities and rectify the injustice done to the Justifying it Honorable Justice S. Manohar
unequals in the society thereby asserting the observed: ‘The insertion of clause (3) of the
concept of distributive justice. Article-15 in relation to women is recognition of
the fact that for centuries, women of this country
Again, the Preamble to the Indian have been socially and economically handicapped.
Constitution contains various goals including ‘the As a result, they are unable to participate in the
equality of status and opportunity’ to all the socio-economic activities of the nation on a
citizens. This particular goal has been incorporated footing of equality. It is in order to eliminate the
to give equal rights to the women and men in terms socio-economic backwardness of women and to
of status as well as opportunity. It has been the empower them in a manner that would bring
basis for much legislation like the Modern Hindu about effective equality between men and women
Laws which aim at giving equal status and rights that Article-15(3) is placed in Article-15. Its object
to the women. is to strengthen and improve the status of
Fundamental Rights: women’(Government of Andhra Pradesh v P. B.
Even though, all fundamental rights Vijay Kumar, AIR1995 SC 1648 at P. 1651).
contained in Part-III Articles 12-35 are applicable Here it is also submitted that when special
to all the citizens irrespective of sex, certain treatment for women arises they should be treated
fundamental rights with certain specific and positive as socially and educationally backward as
provisions protect the rights of women. Article- contemplated in the Article-15(4) of the
14 provides equality before law that is no person Constitution.
in the state will be denied equality before law and In this connection, it is noteworthy to
equal protection of the law. Thus, women in Indian quote Justice Despande when he says: “women
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satisfy the educational, social and economic universalise or dogmatise that men and women
criteria of backwardness as compared to men. are equal in all occupations and all situations and
This fact is clouded and has not been brought to do not exclude the need to pragmatise where the
the forefront because the search for the criteria requirements of particular employment, the
of backwardness has been restricted to sensitivities of sex or the peculiarities of societal
comparisons being made, between different sectors or the handicaps of either sex may compel
castes, communities or social classes, each of selectivity. But save where the differentiation is
them including men as well as women. But when demonstrable, the rule of equity must govern.”
the condition of women is to be considered, one
Article 16(4) of the Constitution provides
can approach by treating women as a class and
for the reservation of appointments or posts in
compare the condition of women as against the
favour of any backward class of citizens and its
condition of men.” (Charan Singh v Union of India,
object has been beautifully stated by Justice
(1979) S. L. J. 26 at P. 32)
Jeevan Reddy when he said: In short, the object
Article-16 guarantees equal opportunity behind 16(4) is empowerment of the deprived
in matters of public employment as Article-16(1) backward communities to give them a share in
declares that “there shall be equality of opportunity the administrative apparatus and in the governance
for all citizens in matters relating to employment of the community.
or appointment to any office under the state”. In
Now a question arises whether women
this case a reference may be made to the case of
can be considered to be included in the ‘deprived
C.B. Muthamma v Union of India, AIR 1979 SC
backward community’. Taking into consideration
1868, where the rules requiring female employees
the fact of their status and position they enjoy and
to get permission before marriage and denial of
the way they are ignored, they fulfill almost all the
right to employment to married women were held
characteristics of a deprived backward
discriminatory and violative of Article-16 of the
community. As a class distinct from men, they
Constitution. Justice V. R. Krishna Iyer declaring
are considered backward in all the spheres, social,
this rule to be in defiance of Article-16 went on
economic and educational. That is why, it was
to observe: “if a married man has right to a married
thought that the women should not be treated
woman other thing being equal, stands on no
worse footing. This inferior posture is hangover unfavourably and every possible step should be
by the masculine culture of threatening the weaker taken in achieving this Constitutional goal of putting
sex forgetting how our struggle for national women at par with men.
freedom was also a battle against women’s Article-19 guarantees to all the citizens
slavery. Freedom is indivisible, so is Justice that both men and women “ the right to freedom of
our founding faith enshrined in Article-14 and 16 speech and expression”. Thus, everyone has a
should have been tragically ignored vis-a vis half fundamental right to form his own opinion on any
of India’s humanity, namely our woman is a sad issue of general concern. Life and personal liberty
reflection on the distance between Constitution of everyone (may be a male or a female) is
in the book and law in action. He went on to protected by the Article-21 of the Constitution
observe further that “we do not mean to which provides that “No person shall be deprived

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of his life or personal liberty except according to exaction of labour and services against payment
procedure established by law”. Right to life is of less than the minimum wages was held as
regarded as the most precious fundamental rights forced labour and violative of Article-23. Under
amongst all the human rights. The expression ‘Life’ Article-25 of the Constitution of India, all persons
assured under this Article does not connote mere either man or woman of any caste or creed are
animal existence or continued drudgery through equally entitled to freedom of conscience and the
life. It has got a much wider meaning. So also, right to freely profess, practice and propagate any
the Supreme Court has given the widest possible religion - subject to public order, morality and
interpretation to the expression ‘personal liberty’ health of the community.
which appears in the same Article in Menaka
The above enumerated fundamental rights
Gandhi’s case. The impact of the case is significant
in respect of women as enshrined in Part-III of
as a variety of rights were drawn into the contours
our Constitution certainly aim at women welfare
of Article-21 by incorporating the concept of
and to promote interests of women. The equality
reasonableness into the procedure established by
law. clause which widens the scope of fundamental
rights of women beautifully found place in the
Article-23 of the Constitution specifically words of Justice Krishna Iyer when he says: “The
prohibits traffic in human beings. In this context fight is not for women status but for human worth.
traffic in human beings includes ‘Devadasi The claim is not to end inequality of women but
System’. (Vishal Jeet v Union of India, AIR 1990 to restore universal justice. The bid is not for
SC 1412). Trafficking in human beings has been loaves and fishes for the forsaken gender but for
prevalent in India for a long time in the form of cosmic harmony which never comes till women
prostitution and selling and purchasing human comes. The soul of man is woman and when she
beings for a price just like vegetables. On the goes there is not goodness of strength left” (V.R.
strength of Article-23(1) of the Constitution, the Krishna Iyer “Of Law and Life”, 31 (1979)).
legislature has passed the Suppression of Immoral
Traffic Act, 1956 (now renamed as The Immoral Directive Principles of State Policy:
Traffic (Prevention) Act, 1956) which aims at Besides the Fundamental Rights, the
abolishing the practice of prostitution and other Constitution in Part-IV under Directive principles
forms of trafficking. This is an Act made in of state policy also directs the state to take certain
pursuance of the International Convention signed remedial measures for the welfare of the women.
at New York on the 9th day May,1950 for the Article-37 says that it is the duty of the state to
prevention of immoral traffic. Recently the Andhra apply these directive principles in making laws.
Pradesh legislature has enacted the Devadasis Thus, while special laws are needed to be enacted
(Prohibition of Dedication) Act, 1988 to prohibit these principles will be followed. Article-39 which
the practice of dedicating women as Devadasis directs the state to secure a social order and
to Hindu Deities, idols, temples etc, which promotion of welfare of the people has specific
invariably results in evils like prostitution. provisions for women also. Article-39 (a) says
In “Peoples Union for Democratic Rights “that the citizens, men and women equally, have
vs Union of India”, AIR 1982 SC 1473 the the right to an adequate means of livelihood.”

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Article-39 (d) provides that "there is equal pay Succession, Adoption and Maintenance etc., in
for equal work for both men and women". In the case of Salara Mudgal vs. Union of India and
Uttarakhand Mahila Kalyan Parishad vs state of other cases.(Sarala Mudgal VS Union of India)
UP, it was held that female teachers are entitled Finally, through Article-46 the state is
to the same salary as is paid to the male teachers directed to “promote with special care the
of the same institution. Again the state has enacted educational and economic interests of the weaker
the Equal Remuneration Act, 1976 to give effect sections of the people, and in particular, of the
to these Directive principles.(Uttarakhand Mahila Scheduled Castes and Scheduled Tribes and shall
Kalyan Parishad VS State Of UP) protect them from social injustice and all forms of
Article-39 (e) specifically directs the state exploitation”. We have already seen that the
not to abuse the health and strength of the women have been regarded as economically and
workers, men and women. That is why the educationally backward; hence they require
Constitution imposes upon the state an obligation special protection as per the provision of this
to ensure that the health and strength of workers, Article.
men and women and the underage of children are Apart from these specific provisions, all
not abused and that citizens are not forced by other provisions of the Constitution are equally
economic necessity to enter a vocation unsuited applicable to the men and women. It clearly
to their age or strength. In the case of the labours establishes the intention of the framers of the
working on Solal Hydro Project vs State of Constitution to improve the social, economic,
Jammu and Kashmir, the Supreme Court held that educational and political status of the women so
construction work is hazardous employment and that they can be treated with men on equal terms.
children below 14 year cannot be employed in
such type of work. Fundamental Duties:

Article-42 of the Constitution In Part-IV-A of the Constitution, certain


incorporates a very important provision for the fundamental duties are enumerated for the citizens
benefit of women. It directs the state to make which is obligatory on their parts to do and
provisions for securing just and humane conditions respect. Article-51 (a) deals with such duties and
clause (e) relates particularly to women which
of work and for maternity relief. The state has
says: “it shall be the duty of every citizen of India
tried to implement this directive by enacting the
to promote harmony and the spirit of common
Maternity Benefit Act, 1961.
brotherhood amongst all the people of India
Article-44 directs the state to secure for transcend in religious, linguistic and regional and
the citizens a uniform civil code throughout the sectional diversities, to renounce practices
territory of India. This particular goal is towards derogatory to the dignity of women.
the achievement of gender justice. Even-though
Women's Representation in Local Bodies:
the state has not yet made efforts to introduce
Uniform Civil Code in India, the judiciary has Article-40 of the Directive Principles of
recognised the necessity of the uniformity in State Policy states that the state shall take steps
application of civil laws like law of Marriage, to organise village panchayats and endow such

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powers and authority as may be necessary to Human Rights instruments and both these
enable them to function as units of self government. instruments ensure equality of women with men
The 73rd and 74th Amendments to the in variety of ways while emphasising on maintaining
Constitution in 1992 provide for reservation of the dignity of women. The Charter, in its preamble,
seats for women in election to panchayats and reaffirm its “faith in fundamental human rights, in
municipalities in Articles 243-D and 243-T. A Bill the dignity and worth of the human person, in the
is pending before the parliament for reservation equal rights of men and women and have
of seats to women in parliament and state determined to promote social progress and better
legislature. standards of life in larger freedom”.
Though the Indian Constitution provides Although the Universal Declaration of
equality of status and of opportunity to women, Human Rights is not legally binding on the member
discrimination is persisting in one form or the other. states, yet it has contributed significantly in the
Discrimination against women continues to exist observance of human rights by the states and it
even today as it is so deep rooted in the traditions also does not lag behind in giving protection to
of Indian society. The root cause for the women. While recognising the “inherent dignity
discrimination of women is that most women are and the equal and inalienable rights of all members
ignorant of their rights and the position of equality of the human family as the foundation of freedom,
assured to them under the Indian Constitution and justice and peace in the world”, the preamble also
the legal system. Enlightened women should fight reaffirms its faith on equality of men and women”.
to bring awakening in other women regarding their In 1946, the United Nations established
rights through awareness about their status in a Commission on the Status of Women which is
society as they constitute half of the Indian now a part of the Economic and Social Council
population. (ECOSOC). The two International Covenants-
Protection by the International Bodies: the International Covenant on Civil and Political
Rights- 1966 and the International Covenant on
Women's rights, in International law,
Economic Social and Cultural Rights of 1966 also
emerges today as an exciting, rapidly developing
reinforces the concept of equality.
subfield of International Human Rights Protection.
In the International arena, indigenous women have Besides these two Covenants, the
several normative instruments which they can Specialised Agencies of the United Nations
invoke to ensure that their rights are respected. Educational, Scientific and Cultural Organisation
Some are general in scope and pertain to all human (UNESCO) adopted Conventions concerning
beings, irrespective of race, gender and social problems of women. While the International
status. Others offer more specific protection on Labour Organisation (ILO) adopted a Convention
the basis of gender or group affiliation. in 1958 concerning equal remuneration for men
and women workers for work of equal value, the
United Nations and Women’s Rights: UNESCO adopted the Convention Against
The ‘United Nations Charter’ and the Discrimination in Education in the year 1960
‘Universal Declaration of Human Rights’ of the which prohibits “any distinction, exclusion,
United Nations are considered to be the two basic limitation or preference” on account of sex and

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affecting thereby the equality of treatment in UNO organized a series of World Conferences
education. on Women’s issues, starting with the World
Convention on the Political Rights of Conference of the International Women’s Year in
Women, 1952, Convention on the Nationality of Mexico city. These conferences created an
Married Women- 1957, Convention on the International Forum for Women's Rights, but also
Consent of Marriage, Minimum Age of Marriage illustrated divisions between women of different
and Registration of Marriages-1962 and the culture and difficulties of attempting to apply
Convention on the Elimination of All Forms of principles universally. Emerging from the 1985
Discrimination against Women- 1979 are some Nairobi Conference was a realisation that
of the United Nations Human Rights Conventions feminism is not monolithic but “constitutes the
which are specially related to Women. Out of political expression of the concerns and interests
these, the last mentioned Convention otherwise of Women from different regions, classes’,
known as the Discrimination against women; nationalities and ethnic backgrounds. There is and
Convention which was adopted by the General must be a diversity of feminisms, responsive to
Assembly in 1979 is the most comprehensive different needs and concerns of women, as defined
instrument on the Human Rights of Women and by them for themselves. This diversity builds on a
contains more concrete provisions aimed at the common opposition to gender oppression and
real implementation of the rights already hierarchy which, however, is the first step in
recognised. (Verma: 1999: 485) articulating, an action upon a political agenda”.

The Preamble of Universal Declaration Besides the Conventions, we also have


of Human Rights, 1948 of UNO further points four International Conferences on Women and
out that “discrimination against women is the latest was held in the year 1995 at Beijing. At
incompatible with human dignity and with the the Fourth World Conference on Women in
welfare of the family and of society, prevents their Beijing, the ‘platform for action’ was signed. This
participation on equal terms with men in the included a commitment to achieve “gender
political, social, economic and cultural life of their equality and the empowerment of women”.
countries and is an obstacle to the full development The Human Right’s Protection Act 1993
of the potentialities of women in the service of was passed which provided for the establishment
their countries and of humanity”. of Human Rights Commission and Commission
The importance of women’s role in the for Women at national and state levels. Then the
development process and the need to intensify year 2001 was declared as the Year of
action to improve the status of women were ‘Empowerment of Women’ and specific
recognised internationally in the year 1975 which programmes were chalked out for observing the
was proclaimed by the General Assembly of the year to ensure gender equality by removing gender
United Nations as the ‘International Women’s discrimination.
Year’ and the Decade 1975 to 85 was declared Again, it is important to distinguish
as the Decade for Women. The International Year between legally binding instruments, such as
of Women focused on the three fold objectives conventions and treaties which states are obliged
equality, development and peace. Since 1975 the to respect once they have ratified them, and
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instruments such as declarations which are not — Convention on the Law Applicable to
binding, but are morally persuasive. With regard Matrimonial Property Regimes, 1978.
to declarations, there is nobody to ensure that — Convention on Celebration and
their content is respected. Their impact is Recognition of the Validity of Marriages,
essentially political in so far as they exposed states 1978.
violations of the letter and spirit of declaration in
— Convention on the Recognition of
the International arena.
Divorces and Legal Separations, 1970.
Major Applicable Treaties and their
03. Council of Europe:
Monitoring Bodies:
It organised specific conventions related
Among all the Human Right Treaties, six to protection of Women’s Rights;
are of major importance and are upheld by
monitoring bodies or treaty bodies, also referred — Convention for the protection of Human
to as ‘control committees’. These bodies must Rights and fundamental freedoms, 1950.
ensure that the states have signed the treaties in — European Social Charter (revised 1996).
conform to the stated obligations. The control — European code of Social Security
committees are made up of experts who, although (revised 1990).
appointed by the state parties, serve in a personal
capacity and not on behalf of their governments. 04. The European System for the
Enforcement of Human Rights and the
OTHER INTERNATIONAL European Union:
ORGANISATIONS
Both in the Court and even in the
01. Organisation of American States (OAS) employment discrimination and labour context of
It organised specific conventions relating the European Union, cases on the gender
to protection and promotion of Women’s Rights. discrimination exists with implications for the
enforcement of international standards.
1. Inter-American Convention on the
05. The International Labour Organisation
Granting of Civil Rights to Women.
(ILO):
2. Inter- American Convention on the
— LO sets standards for self employment
Granting of Political Rights of Women.
and working activities of women and are
3. Inter- American Convention on the embodied in recommendations and
Prevention, Punishment and Eradication instruments to which many countries are
of Violence Against Women. parties.
02. Hague Conference: — It organised the following specific
conventions and recommendations for
It organised Specific Conventions relating
protection and promotion of Women’s
to developments of Women's Rights; Rights.
— Convention on the Law Applicable to — Underground Work (Women)
Maintenance Obligations, 1973. Convention, 1935.
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— Night Work (Women) Convention seen and accepted as a person with the capacity
(revised), 1948. to decide or act on her own behalf and to have
— Protocol to the Night Work (Women) equal access to resources and equitable social,
Convention, 1948. economic and political support to develop her full
potential, exercise her right as a full human being
— Equal Remuneration Convention, 1951. and to support the development of others.
— Maternity Protection Convention Domestic violence perpetrated against
(revised), 1952. women rights by partners and close family
— Discrimination (Employment and members has long been a matter of silent suffering
Occupation) Convention, 1958. within the four walls of the home. Despite the
awareness others may have a woman’s ongoing
— Workers with Family Responsibilities
experience of abuse, the phenomenon of domestic
Convention, 1981.
violence against woman is typically identified as a
— Lead Poisoning (Women and Children) private concern. From this perspective, violence
Recommendation, 1919. is seen to be a matter of individual responsibility,
— Maternity Protection (Agriculture) and the women is perceived to be the one
Recommendations, 1919 & 1921. responsible for either adjusting more adequately
with the situation as dictated by cultural norms
— Night Work of Women (Agriculture) or developing an acceptable method of suffering
Recommendation, 1921. silently. The basic understanding of domestic
Gender Justice is integral to social justice. violence as a personal issue has limited the extent
One of the critical areas of the concern is the to which legal resolution to the problem can be
development of an institutional mechanism for actively pursued. In most societies, domestic
advancement of women under the strategic violence against women has not been perceived
objective of integrating gender perspective in to be a crime. However, as a result of feminist
legislation, public policies, programmes and advocacy within the arenas of international human
projects. rights and development, social responsibility for
domestic violence is slowly being acknowledged
To conclude in the words of Justice
in many parts of the World.
Krishna Iyer, “whatever the paramount parchment
of the Constitution may in tone, whatever the The Indian Women were treated as an
Universal Instruments may inscribe, we have miles appendage of man and this tendency found its
to go and promises to keep if gender Justice is manifestation in the custom relating to marriage,
not to be mere dope but sure hope.” religion, property, widowhood and dowry. With
the spread of education among women, they
III - VIOLATION OF RIGHTS:
became conscious and mobilised themselves in
Human right recognizes right to dignity their limited capacity. They responded to the
which we claim by virtue of the fact that we are clarion call of Mahatma Gandhi to join the Indian
human beings. The human rights of women can National Movement. Various Acts were passed
be defined as collective rights for a woman to be with an aim to alter to the status of women in

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India leading to the formation of some husband’s family. Each day in India 12 or more
organisations. women die due to dowry torture. Two million girls
In the post-Independence period the and women are genitally mutilated every year. The
Indian Constitution to a great extent has extended list goes one but women in India are at risk from
several privileges to women and also directed the criminal behavior everywhere and in every walk
state to take appropriate measures for the of life.
promotion of welfare of these neglected section Besides this, the National Family Health
of the society. Also several legislations made Survey-2003 gives the following statistics about
before and after independence have not only domestic violence against women in India.
placed women at par with men but in certain cases
— 34 percentage of all Indian women aged 15-
they have been placed on a privileged position as
49 have experienced domestic violence at
against men. All these clearly lead to establish that
any time since the age of 15, and 56
attempts have been made for the upliftment of
percentage of these women have
the women. But to our utter surprise the plight
experienced violence in the 12 months
and condition of women could not improve as
preceding the survey.
there is no satisfactory outcome. It has been
observed that the human right of the women is — Domestic violence is strongly correlated with
being violated in many fields. But due to several both location and education. Rural women
reasons may be civil, political, economic or social, are more likely than urban women to have
human rights of women are violated that severely ever experienced physical violence. In West
affecting their status and dignity. Reasons are Bengal, 30.4 percentage of urban women
many. But generally, the present structure and have experienced domestic violence versus
practices those are being followed in our society 44. 2 percentage of rural women. In India
are largely responsible for this fallout and as a whole, 44 percentage of women with
continued discrimination against women. no education have expeienced violence at
some time since the age of 15 and 26
But a close scrutiny would expose
percentage have experienced violence in the
the fact that most of the so called women leaders
belong to the urban educated families who had past 12 months, but these proportions
timely brush with progressive ideas and the whole decline steadily with education.
idea of mobilising women and support in their — As with physical violence, the prevalence of
favour and more to do with their patriotic fervour sexual violence is highest among women in
then their actual interest in addressing the gender the poorest wealth quintile (13 percentage)
based subjects. The real issues thus remain and decline steadily with increasing wealth.
unattended. Rates of sexual violence in West Bengal are
World Health Organisation also currently twice the national average, at 21.5
estimates that in India, 6200 dowry deaths were percentage.
reported in 1994. That is, an average of 17 — A large majority of women who have
married women was killed daily when their experienced sexual violence have never told
families failed to make dowry payments to the anyone about the violence (85 percentage)

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ISSN 0970-8669 Odisha Review

and 8 percentage have ever sought help. rape cases registered has increased from 207 in
However, 37 percentage of women who 1989 to 816 in 1999 and then subsequently
have experienced both physically and decreasing. Dowry cases which includes dowry,
sexually violence and 22 percentage who related to murders, suicide and torture cases have
have experienced only physical violence have shown an exponential growth over 50% and in
sought help. 2002 the cases totaled to 1503. Large shares of
the dowry cases relate to dowry torture cases.
According to statistics from the Child and
Non-dowry torture as a separate category of
Women's Abuse Study Unit, there are an
cases being registered has a phenomenal increase
estimated 10 million prostitutes in India and
with 177 cases in 1989 to 524 in 2002.
around 160,000 Nepalese women are held in
India’s brothels. Women's Rights Organisations As a specific illustration of the district
and NGO’s estimate that more than 12,000 and breakup of the rape cases registered in the state
perhaps as many as 50,000 women and children for the year 2000-2002 indicate the regional
are trafficked into the country annually from variation. Mayurbhanj district has always the
neighbouring States for the sex trade. maximum number of rape cases while the district
of Boudh has the least numbers. In comparison
The overwhelming majority of women
of the years 2001 and 2002 barring 8 districts in
who work in the informal sector are totally denied
which the number of rape cases have either
any kind of maternity entitlements and get no
increased or remained the same, the rest of the
breaks for breast feeding their children.
22 districts have shown a declining trend ranging
Above statistics showing crime against from 5% to 6%. Though the rate of investigation
women is on rise not only in India but also all against registered cases is above 90%, the denial
over the World. Of the total crimes reported in of justice on time is a burden on the women victims.
the country 7 percentage constitute crime against The rate of conviction is also abysmally low which
women. Considering our social structure which is evident from the fact that in the year 2001, there
promotes and impacts women to be silent and was not a single conviction.
much of criminal behaviour against women go
In a study conducted by an independent
unreported, the data is alarming. Rapid
researcher, 89% of the illiterate women did not
urbanisation, industrialisation, movement of
know about the State Commission for Women.
people from the country side to the growing cities, Less than 50% of the educated were aware of it.
the growth of slums, widening spheres of Sensitive issues as sexual harassment at
occupational and social activities, workplace and domestic violence do not get
commodification of women, their indecent reflected in the data and thus more sensitization,
portrayal in movies, wide circulation of research and analysis, awareness is needed in
pornographic material each has inadvertently led these areas. As per data domestic violence has
to the criminality against women. been experienced by 29% of women. Half of the
The concern is also on the increasing women in the survey accept at least one of the
percentage that these crimes constitute in the reasons as a justification for husband beating the
overall crime scenario. In Odisha, he number of wife. The result of a study shows there are lack

26 January - 2017
Odisha Review ISSN 0970-8669

of co-ordination and political interference hamper As per the data from the Director General
the smooth functioning of the women cell. of Prisons, there are 68 jails in the state, which
Trafficking is a sensitive issue, but a study have a schedule capacity for 549 women out of
which the exclusive women jail lies in Sambalpur
done by an independent researcher has
with a capacity of 55. As on November, 2003,
succeeded in locating and identifying as many as
there are total of 353 women in jails out of which
559 cases of trafficking in Odisha. Out of these
95 are of convicts, 255 (more than 70 percentage)
308 are categorised as direct cases (women who
are under trial prisoners and three are of other
were found, who have been brought and sold
category. Though overally the women in jails are
beyond any doubt) and the remaining 251 cases
well within the capacity, but in places such as
as indirect cases those who were assumed to be
Chowdwar, Baripada, Talcher, Khurdha are more
vulnerable to trafficking. Most of the cases have
than the capacity. In a study conducted by an
occurred in the coastal districts (highest in Puri
independent researcher, found that the family and
District) and more than 46 percentage of the
husband neglect the women who are staying in
women have been taken outside Odisha to Uttar
jails. Health conditions of these women are poor
Pradesh, Madhya Pradesh, Andhra Pradesh and
and they suffer from nutritional deficiency and
West Bengal. The destination of more than 82
anemia.
percentage of the indirect cases is a state of Uttar
Pradesh. Within Odisha the town of Puri is the Research on violence against women
destination of more than 43 percentage of direct undertaken in India and elsewhere has shown that
cases alone followed by the state capital women turn first to their immediate family or
Bhubaneswar around 30 percentage. Five neighborhood for help and that informal, local
principal factors such as poverty, promise of level networks are crucial in providing site of first
employment, promise of marriage, betrayal by response to those experiencing domestic violence.
lovers and domestic violence have been identified In spite of the improvements in the formal
to be the specific causes behind the trade. The responses of Indian state and legal institutions,
women who have been trafficked are from studies also indicates that reporting and
landless family and depend on wage labour. Lack prosecuting domestic violence is only a last resort
of education and awareness compounds the for most Indian Women. Apart from these, the
miserable condition of the women. increasing presence of informal community based
initiatives such as the mobilisation of women at
Despite the introduction of the Dowry grass root levels, mock funeral processions of
Prohibition Act, 1961 (28 of 1961) and The dowry victims, public shaming of perpetrators,
Dowry Prohibition Rules, 2000, the frequency of street theatre and local methods of dispute
dowry related offences have not been minimised. resolution have been noted as some of the more
Women face violence inside and outside the family effective and potentially sustainable responses to
throughout their lives. Police officials confirm that domestic violence in India. Although identified and
the vast majority of crimes against women do not acknowledged in previous studies of responses
get recorded. Displacement, disasters such as to domestic violence, very little documentation of
cyclone have accentuated the dowry menace. such community responses exists. The following

January - 2017 27
ISSN 0970-8669 Odisha Review

research is intended to provide better one in four women has been victims of domestic
documentation of how women led innovative violence and 1 in 4 women have experienced rape
responses have emerged, how they operate and or potential rape. 43 percentage of all violent
how successful their in addressing the needs of crime experienced by women in Britain is
women facing violence. domestic.
So the Domestic Violence Act 2005 in A European Commission of Inquiry in
India, takes recognition of the fact that the former Yugoslavia reported one estimate that
conviction and imprisonment of the husband may more than 50,000 women and girls had been
not be the best solution to the problem of a raped during the conflict. In January 1994, the
victimised wife. It recognises problems of women, special Reporter of Rwanda reported that in
children and other family members living in the Rwanda, rape was the rule and its absence was
atmosphere of violence. It has provision for the exception.
security against domestic violence by obtaining
In 1998, across the European Union(EU),
protection, residence and monetary relief orders.
one in four women had been victims of violence
Cases of violence against women are challenges
for a civilised society and important human rights at some time; in Ireland half of female murder
issue. Violence creates enviornment of fear, breeds victims were killed by their spouse or partners; in
frustration, powerlessness, and inefficiency among Finland, 20 percentage of women suffered
victims. In such a circumstance, the goal of violence at the hand of their spouse/partners (EU
empowerment of women through protection of Survey, 1998).
Women’s Rights will continue to elude us. In 2000, the proportions of women who
Women are much more likely than men reported to have attempted or completed forced
to be victims of elder abuse. More than a million sex with an intimate partner were: Brazil 10
women in the United States aged 65 and over percentage, Japan 6.2 percentage, Peru 46.7
are victims of abuse each year. (Policy Research percentage and Thailand 29.9 percentage; in
Inc, Calculated from National Centre on Elder 1995-96 the proportions of women reporting
Abuse, 1994). ever being physically assaulted by an intimate
partner were Egypt 34 percentage, Paraguay 10
In the Republic of South Africa, reports percentage and USA 22 percentage. (The World
suggest that one in four women are assaulted by report on Violence and Health 2002, World
their boyfriend or husband every week. 1 in 2 Health Organisation.)
South African according to a study are likely to
be criminally assaulted during her life time. UNO The World Health Organisation estimates
in 1995 indicated that as many as 75 per cent of that as many as 1 in 5 of the World’s women
low caste women and 60 percentage of women have been physically or sexually assaulted by a
in Tanzania, Ecuador and Sri Lanka say they have man. In some parts of the World, the figure is
been subjected to domestic violence and sexual much higher. (WTO Report 2003-04). Battering
assault by their partner. In Japan, 59 per cent of is the greatest single cause of injury among US
all women have suffered from domestic violence women, accounting for more emergency room
and in the USA the figure is 39 per cent. In Britain, visits (one million per year) than auto accidents,

28 January - 2017
Odisha Review ISSN 0970-8669

muggings and rapes combined. In Papua New 6. Jain, Devaki, Women’s Quest for Power-Five Case
Guinea, 67 percentage of rural women and 56 Studies, Vikash Publishing House, New Delhi,
1980.
percentage of urban women have been victims of
domestic violence. But a three month surveillance 7. Jean Dreze & Amartya Sen, Economic
Development and Social Opportunity, Oxford
survey in Alexandria, Egypt indicated that
University Press, New Delhi, 2003.
domestic violence was the leading cause of injury
to women, accounting for 27.9 percentage of all 8. Kapoor, Pramila, The Life and World of Call Girls
in India, Vikash Publication, Delhi, 1978.
visits by women to trauma units. In an another
report, it was shown that in a maternity hospital 9. Kapoor , M.D., International Law, Allahabad Law
Agency, Allahabad, 1998.
in Lima, Peru, 90 percentage of mothers aged
12-16 had been raped by their fathers, step fathers 10. Mehta, P. L & Verma, Neena, Human Rights Under
The Indian Constitution, the Philosophy and
or close male relatives. In Canada, 62 percentage
Judicial, Gerry Meandering, Deep and Deep
of women murdered and died at the hands of an Publications, New Delhi, 1999.
intimate male partner. In Costa Rica, 49
11. Mehta, Ram, Socio Legal Status of Women in
percentage of a group of 80 battered women India, Mittal Publication, Delhi,. 1987.
reported being battered during pregnancy, 7.9
12. Mishra, S.N., The Indian Penal Code, Central
percentage reported miscarriages as a result. A Law Publication, Allahabad, 2006.
Survey in Barbados revealed that one in three
13. Nora Shimhan, Sakuntala, Empowering
women was sexually abused during childhood or
Women, An Alternative Strategy From Rural
adolescence and the so called ‘honour killings’ of India, Sage Publication, New Delhi, 1999.
women account for one quarter of the murder
rate in Jordan. 14. Sabine, G.H., A History of Political Theory, Henry
References : Holf, New York, 1937.
15. Saravanan Sheela, Violence Against Women in
1. Agarwal, R.S., Prevention of Crime, Radiant
India, A Literature Review, Institute of Social
Publication, New Delhi, 1977.
Studies Trust, New Delhi, 2000.
2. Asthana, Pratima, Women Movements in India,
16. Subramaniam, Human Rights and International
Vikas Publication, New Delhi, 1944.
Challenges, Manas Publication, New Delhi, 1997.
3. Bakshi, Public Interest litigation, Ashok Law
House, New Delhi, 2004.
4. Flathman, Richard E, The Practice of Rights,
Cambridge University Press (First Edn, London,
Dr. Naresh Rout, Lecturer in History & Dr. Jayashree
New York, Melbourne.
Bez, Medical Officer (AYUSH) At/Po- Beltal, (Barmania),
5. Fadia, B.L. Indian Government and Politics, Via- Pattamundai, Dist- Kendrapara-754215, Email-
Sahitya Bhawan Publications, Agra, 2007 [email protected]

January - 2017 29

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