Girls just wanna have “FUN”damental Human Rights

Vanshita Jain
Jan 7, 2021
10 min read

“सा विवायुह सा विश्वकर्मा सा विश्वधाया इन्द्रस्य त्वा भगत सोमेन आत्नाचामी वैष्णो हव्यम् रक्ष”।

Meaning

‘Sa’ She (lady/woman) is the life of all universes, she is the creator ‘vishwakarma’, she is the one who holds all as a mother ‘vishvdhayah’. She is part of the one who has controlled senses ‘indra- Male’, the one who is full of life ‘som-male’, the one who could bring her up properly ‘vishnu’. YOU ALL MUST PROTECT her ‘Raksha’.

As she is the solution, the medication ‘havyam’.

As we all know, according to Hindus Religion, Women were described as ‘Nari’. ‘Nari’ is the one who gives birth to ‘Nar’, i.e., Male. Not only in Hindu Religion but in any religion, women were described as Creator of Life. According to Hindu mythologies, the working of Nar and Nari was divided. Like the work of Nar was Protection and for Nari it was Preservation. But have you ever imagined what would happen if the Protector becomes a Destructor for Preserver? Now the scenario which came into our mind is the reality of our society. How the Nari gets molested by the people who are from the culture in which the Nari was treated as goddess.

In this article, we tried to cover the SOCIAL, MENTAL, AND PHYSICAL harassment which had been happening with women since ancient times. And what are the laws protecting the rights of women in the Indian Justice System? And what are the more upgrades required in that?

HISTORICAL AND MYTHOLOGICAL BACKGROUND:-

Since the Indus Valley Civilization, women were treated as divine and identified as the head of households. They enjoyed an honorable position in society.

During the Rig Vedic period, the women had exclusive rights and freedom to educate themselves. Women were independent, and they had a higher status in society. Women could freely participate in war, archery, decision-making, gymnastics, horse riding, and public activities. Brides could choose their spouses at a mature age. There was the allowance of Sawamyvar or live-in Marriage which was named as Gandharva Marriage. There was no system of dowry, only gift or dan was practiced in the Vedic society. In the family, they enjoyed complete and equal freedom and were treated as 'Ardhangini (better half)’ and ‘Sahadharmini’(equal partner). The purdah system was not practiced. Education was indispensable and equally open for girls and boys both at the period of Vedic age. They played an active role professionally as well as socially. In Puranas, the women were goddesses. They had veneration in the eye of Indian society. Indian society used to worship the mother Goddess. We can say that the Early Vedic society was a Matriarchal society.

Then after the sudden fall came the status of women during the Later Vedic Period where the power of control was shifted in the hand of Male. And the Matriarchal society was shifted towards the Patriarchal once.

In the patriarchal society, women were treated as servants. Women were the means to grow in the descendant and to take care of their family and home. Women were dominated by men. Patriarchal society was unfair and unjust towards the women. They were partial with a female child. The birth of the boy child was a matter of pride. On the other hand, if the girl child was born then the mourning situation would have arisen. The women didn’t enjoy her rights. They had no freedom. Women had a vital role in the development of the family. But now their freedom and dignity were under the supervision of men.

The medieval age was a horrible or dark age for women. There was gender-based inequality. In this age, more restrictions were implemented on women by men. Women had less opportunity as compared to Men. Men were the head, the most important part of society. Women were dependent on their husbands, regarded as the sole property of their husband. They did not have equal status as men. They didn't have freedom as she had in the ancient age. Women didn’t have any will of their own. They were dominated by her husband and family. They were not allowed for education and got married before the age of 9-10. This was the time when women had low status and this was the starting of declination in women's status in society. This silence of women was given rise to some horrible acts such as Sati, Child Marriage, Jauhar, and Restriction on Girl's Education. Child marriage was in practice and this resulted in the rise in the child widows. The widows had to fall themselves into the fire along with her husband’s body, as for the Sati System. Widows were not treated as human beings. Their condition was very bad in Indian society. We can’t imagine the actual situation in which they would have suffered.

HINDU MYTHOLOGIES

In Hindu Mythologies also, women were treated as Goddess Lakshmi. In fact in the Indian epics, such as-

In ‘RAMAYANA’, the character of Sita was also considered as Goddess Lakshmi. Sita was worshiped by Indian society but in reality, she was badly humiliated by society. She was abducted by the demon king Ravana, and she got various allegations over her purity by society. Even though she gave Agni Pariksha to prove herself innocent and her love for Rama. Society forced her to live separated from her family and loved ones.

Draupadi from the ‘MAHABHARATA’ who had 5 Immortal Husbands, but was still humiliated by her brothers-in-law in between the plenum by doing her cheer-haran (Ripping off clothes). In the plenum, there were many immortals seated but no one came to stop the chir haran of Draupadi. Everyone was sitting quietly and watching her chir haran.

Although, goddess Aditi gave birth to the earth, Prithvi. It means woman is life giver and taker. She can be a lifesaver and warrior.

However, In the modern age, we can see various changes for women. Women have equal status and position after various acts and amendments, but their condition is not well. Women have rights therewith, separate reservations, but they don’t feel safe in society. In the 21st century, Almost everyone is well-educated, but what’s the benefit of that education when you don’t know the purpose of your knowledge?

An uneducated man commits a crime, even a well-educated man also commits a crime. Then What’s the difference between both of them? Both of them are of the same nature and mentality only.

Where is the change in society that we are told that educated men wouldn’t constitute a crime just because they are educated? They know how to respect women. So, why are crimes increasing day by day in spite of increasing educational opportunities also?

In 2020, a worldwide pandemic and lockdown happened. During the lockdown in India, there has been a spike in crimes against women. This lockdown has resulted in more violence against women. This was the worst situation for women. They were insecure and unsafe even in their houses, they were not safe even with their family members. Rapes and domestic violence cases had increased due to unnatural lust and economic conditions.

Constitution Of India For Women

Indian Constitution has been declared about women’s legal and constitutional rights.

Fundamental rights

Article 15:- Women were not discriminated against based on gender. And provide authority to the state for making special provisions for women.

Article 16:- Women get equal opportunities in Government Jobs.

Article 21:- Women get Protection of their Life and Personal Liberty.

Article 21(a):- Girls get Free and Compulsory Education.

Directive Principles

Under D.P.S.P, the Constitution directs the state to make provisions for women's safety at the workplace and provide them Maternity Leave.

Fundamental Duties

Article 51(e)- Constitution says that it's a fundamental duty of every citizen of India to renounce practices derogatory to the dignity of women.

Right to Fight Elections

Article 243D- Merely, it talks about Reservation for Minority Community of women (In elections of gram-panchayat and Municipality, for Chairpersons in the Panchayats at each level to be reserved for women)

Article 243T- One-third (number of seats reserved for women from the Scheduled Castes and the Scheduled Tribes) out of the total number of seats are filled by direct election in every Municipality to be reserved for women and such seats were given by rotation to different constituencies in a Municipality.

Other Laws in India For Women

Thus, Rights were provided by the Indian Constitution, but it's next to impossible to give equal rights, status, and protection to the women-only by the constitution. Therefore, the constitution of India does not only talk about women. It's a supreme law which gives limitation to any norm, rules, and other laws. India's diversity is to a very large extent. People from different cultures are living together under one roof, and it's very difficult to govern that large no. of the population by a single law. That's why to uphold the Constitutional mandate, the state has regulated various laws to ensure equal rights of women, to counter social discrimination and various forms of violence against women and atrocities, and to provide support services especially to working women. Although women may be victims of crimes such as 'Murder', 'Robbery', 'Cheating' etc., the crimes, which are directed specifically against women, Violence against women are:-

Dowry death: Women are sexually or physically harassed by their families which results in the women committing suicide. Women are deliberately burnt by their families for dowry.
Acid attack: The acid attack is the most common crime, throwing acid on women’s faces is very scary. An acid attack can damage the skin and dissolve the bones.
Forced and child marriage: Child marriage has been practiced since the medieval era. They are forced or mentally tortured by their families to marry men who are older than she.
Sexual crimes: Women and girls are sexually assaulted by men such as rape.
Domestic violence: Women and girls are physically and mentally violated by men.
Murder: Mostly, women and girls are murdered by men. It is done for their honor and to hide their offenses.
Abduction & kidnapping: Most of the women are abducted and sold in different countries.

These are characterized as 'Crime against Women'.

SPECIAL INITIATIVES FOR WOMEN

(i) National Policy for the Empowerment of Women, 2001: The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a “National Policy for the Empowerment of Women “in the year 2001. The goal of this policy is to bring progress, development, and empowerment of women. The National Policy for the Empowerment of Women, 2016 is under the draft phase.

(ii) National Commission for Women: In January 1992, the Government set-up this statutory body with a specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary, etc.

(iii) Reservation for Women in Local Self-Government: The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensures one-third seats for women from total seats in all elected offices in local bodies whether in rural areas or urban areas.

(iv) The National Plan of Action for the Girl Child (1991-2000): Action plans to ensure the survival, protection, and development of the girl child with the ultimate objective of creating a better future for the girl child. The National Policy for Children-2016 was adopted by the Government of India on 26 April 2013. The National Action Plan 2016 for children is in draft format.

After having all these safeguards still, the women are not safe in our society still there are many assaults committed against women, and only 45% of cases can be filed and the rest were suppressed by family and society.

Nirbhaya Case:

Nirbhaya, Jyoti Singh Pandey was a 23-years old female physiotherapy intern. She was gang-raped and tortured in a private bus in which she was returning to home with her boyfriend at night 16 Dec 2012 after watching the movie. Her boyfriend was beaten by all of them. She was brutally beaten, sexually violated, even her intestines were pulled out and inserted with an iron in her private part by them. The issue was raised that whether juvenile was also liable for capital punishment or not?. The supreme court decided to give capital punishment to four of them. Nirbhaya finally got justice after 7 years and 3 months. The four convicts of Nirbhaya were hanged in Tihar Jail at 5:30 am on Friday 20 March 2020

NOTE: This Case proceeded under fast-track court, but still it took more than 8 Years to give justice to that mother who was waiting for justice for her daughter.

Still, what's the difference between Ancient Dhraupadi and Today’s Nirbhaya?

In fact, I feel Dhraupadi is luckier that Lord Krishna protects her dignity.

But today who has a responsibility to protect the dignity of that girl?

and it's not only about Nirbhaya there are innumerous cases under which you'll find numerous Nirbhayas.

A 12-years old Dalit girl raped:

A Dalit girl who was 12-years old raped and beheaded by her two elder brothers.

Hyderabad Rape Case:

Priyanka Reddy was a veterinary doctor. She was raped and murdered by four men on 27 November 2019.

This shows that every year, every month and everyday rape happened and After seeing this brutality with women is a dark stain on women’s rights. The only death penalty is not a solution for ending violence against women.

Each day a single woman, a girl child, a mother, a young child, and women are being molested, assaulted, and violated. There are various crimes i.e., rape, sexual harassment, domestic violence, acid attack, child marriage, kidnapping and abduction, dowry death, and many more which are faced by women in their house, workplaces, streets, public transports, public places. Females are not safe in any place.

On an average 88 rape cases have been reported every day. Over 2.4 lakh cases are pending in courts related to rape and protection of children from sexual offenses, and still, we are saying that women are safe in our country. Sorry, but I can’t see their safety and security. A girl who belongs to a rich family is financially stable that her family could pay to the lawyer but on the other hand, a girl who belongs to a poor family, her family is not financially stable to pay the lawyer’s fee. Various families even don’t file a complaint just because they are not financially strong. For a time being even, they could pay the lawyer’s fee but just like Nirbhaya Case, they can’t wait for so long.

CONCLUSION

Indian society is the society where Durga, Kali, Laxmi, Swarshati are worshipped by people treating them as a goddess and on the other hand, they are violated by people. The Indian government has made some changes in laws and orders against rape, acid attack, and other crimes after Nirbhaya Case. This means that they are waiting for such incidents, when a crime has committed then they’ll take strict action against it. And seriously is this death penalty sufficient for them? Is today’s law enough for women to give them justice after waiting so long? Do Indian laws are rigorous? If it is rigorous then, Why are these crimes are incredibly increasing day by day? Why don’t criminals have endangerment of their lives?

The government should make a separate tribunal for women safety where only cases regarding molestation against women should be heard. Their cases should be solved in a time bound manner. The punishments against such crimes should be as strict and rigorous as Saudi Arabia, China, Netherlands, and Afghanistan. Then, criminals will think twice before committing any crime against women.

Despite this, to improve the condition of women is not only the responsibility of the government. It’s also a responsibility of society. It’s essential to change the mind-set of people towards women's safety. So, we should take the first step from our house. We should teach them about gender equality and respect women.