Human beings have rights not because they are citizens of any state but because they are humans. However, it is significant to note that women rights are violated not only in the political field but in day-to-day life, in family, households and public domain. Violations of women human rights include violence against women whether in the form of bride burning, female foeticide, infanticide, child marriage, child abuse, domestic violence, sexual harassment at workplace or eve teasing.
Most of the time women suffer in silence in a patriarchal society deprived of personal liberty and bound by rules made by so-called ?superior male?. This cuts across different cultures, religion and social background. In a statement to the Fourth World Conference on Women in Beijing in 1995, the then United Nations Secretary General Boutrous-Boutrous Ghali said that violence against women is a universal problem. Violence against women in the family occurs in developed and developing states alike. In the United States a women is beaten every 18 minutes and between 22 and 35 per cent of women who visit emergency rooms suffer from domestic violence. Denial of reproductive rights including free choice regarding child bearing is also a human rights violation.
The UN Convention on Elimination of all Forms of Discrimination against Women was adopted in 1979. It covers right to vote, political participation, equality in education, employment, health care and economic and social rights. Fourth World Conference on Women further states that in all societies women and girls are subjected to physical and psychological abuse and remedial action needs to be taken at the national level. The UN Declarations are not necessarily enforceable in law, however they do build public opinion and many states have taken steps to incorporate these at the national level.
In India according to Article 15 of the Constitution no discrimination can be made among citizens on grounds of religion, race, caste or sex. Article 51A provides that it is the duty of every citizen to remove practices derogatory to the dignity of women. Parliament has enacted the Protection of Human Rights Act 1993 that defines human rights to mean right to life, liberty and dignity of the individual. Despite over six decades of independence women in India are still marginalised in many ways. Right to equality before law is not fully enforceable because of various personal laws in force in the state which deny equality to women. Moreover, women human rights subsumed by religious and cultural patterns are too controversial for reforms.
Similarly, the Constitution prohibits forced labour and trafficking in human beings but these practices are flourishing. Article 39 of the Constitution stating Directive Principle of States Policy argues that states shall secure equal right to livelihood for women and equal pay for equal work. However, women are paid much less for the same work and most of the time urban and industrial jobs are rarely available to them. Even in metros in the so-called white collar jobs women are biased against. A recent survey by the Associated Chambers of Commerce & Industry of India revealed that only 3.3 per cent women are promoted to top positions. Under the Maternity Act women workers in certain industrial establishments get maternity leave with wages, however, most women in rural areas and urban informal sector do not get this benefit. It needs to be realised that if India'sfemale labour force actively participates in the country'sdevelopment our Gross Domestic Product (GDP) growth would increase significantly. Further, along with other social groups women have to suffer social and economic dislocation due to development plans and projects.
To enforce gender justice at workplace the Supreme Court issued guidelines in a writ petition on the Vishaka vs State of Rajasthan case. Incident of harassment is a violation of Fundamental Rights under Article 14, 15 and 21 of the Constitution. Right to practice any profession depends on the availability of safe working environment. In accordance with this judgement the National Commission for Women framed a Code of Conduct at workplace to be followed by all managements. Similarly, Protection of Women from Domestic Violence Act represents an important achievement of gender equality for Indian women. It covers not only physical violence, but verbal, emotional and economic violence.
Thus, we have an elaborate system to protect rights of women including Hindu Marriage Act, Hindu Succession Act, Dowry Prohibition Act and Sati Act. Need is for their proper implementation. Moreover, laws do not automatically change social structure, they only set a code of conduct. We need to bring about an awareness through education and work on the culture of non-violence and non-bias. Social attitudes and beliefs including that of judges and police officers have to be gender sensitised. Inculcating a value in men and boys to see women as equal partners in life and society will go a long way not only in improving respect for women human rights but play a vital role in any nation'sprogress. It is imperative that a country like India which takes pride in its strong cultural heritage takes lead in moving towards a society where women and men are on par. In this context India can become a role model for the world to follow. After all women and men are sailing in the same boat, and are bound to rise or sink together.
(Dr Bharti Chhibber is Lecturer in Political Science, University of Delhi.)
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