Thursday 1 October 2015

महिलाओं के अधिकार और क़ानून

हर व्यक्ति जन्म से ही कुछ अधिकार लेकर आता है, चाहे वह जीने का अधिकार हो या विकास के लिए अवसर प्राप्त करने का. मगर इस पुरुष प्रधान समाज में महिलाओं के साथ लैंगिक आधार पर किए जा रहे भेदभाव की वजह से महिलाएं इन अधिकारों से वंचित रह जाती हैं. इसी वजह से महिलाओं के अधिकारों को सुनिश्चित करने हेतु हमारे संविधान में अलग से क़ानून बनाए गए हैं और महिलाओं को अपनी ज़िंदगी जीने में ये क़ानून भरपूर मदद कर सकें, इसके लिए समय-समय पर इनमें संशोधन भी किए गए हैं. सामाजिक तौर पर महिलाओं को त्याग, सहनशीलता एवं शर्मीलेपन का प्रतिरूप बताया गया है. इसके भार से दबी महिलाएं चाहते हुए भी इन क़ानूनों का उपयोग नहीं कर पातीं. बहुत सारे मामलों में महिलाओं को पता ही नहीं होता कि उनके साथ जो घटनाएं हो रही हैं, उससे बचाव का कोई क़ानून भी है. आमतौर पर शारीरिक प्रताड़ना यानी मारपीट, जान से मारना आदि को ही हिंसा माना जाता है और इसके लिए रिपोर्ट भी दर्ज कराई जाती है. लेकिन महिलाओं और लड़कियों को यह नहीं पता कि मनपसंद कपड़े न पहनने देना, मनपसंद नौकरी या काम न करने देना, अपनी पसंद से खाना न खाने देना, बालिग़ व्यक्ति को अपनी पसंद से विवाह न करने देना या ताने देना, मनहूस आदि कहना, शक करना, मायके न जाने देना, किसी खास व्यक्ति से मिलने पर रोक लगाना, पढ़ने न देना, काम छोड़ने का दबाव डालना, कहीं आने-जाने पर रोक लगाना आदि भी हिंसा है, मानसिक प्रताड़ना है. यहां तक कि घरेलू हिंसा अधिनियम के बारे में भी महिलाएं अनभिज्ञ हैं. घरेलू हिंसा अधिनियम का निर्माण 2005 में किया गया और 26 अक्टूबर, 2006 से इसे लागू किया गया. यह अधिनियम महिला बाल विकास द्वारा ही संचालित किया जाता है. यह क़ानून ऐसी महिलाओं के लिए है, जो कुटुंब के भीतर होने वाली किसी क़िस्म की हिंसा से पी़डित हैं. इसमें अपशब्द कहने, किसी प्रकार की रोक-टोक करने और मारपीट करना आदि शामिल हैं. इस अधिनियम के अंतर्गत महिलाओं के हर रूप मां, भाभी, बहन, पत्नी एवं किशोरियों से संबंधित प्रकरणों को शामिल किया जाता है. घरेलू हिंसा अधिनियम के अंतर्गत प्रताडित महिला किसी भी व्यस्क पुरुष को अभियोजित कर सकती है अर्थात उसके विरुद्ध प्रकरण दर्ज करा सकती है. भारतीय दंड संहिता की धारा 498 के तहत ससुराल पक्ष के लोगों द्वारा की गई क्रूरता, जिसके अंतर्गत मारपीट से लेकर क़ैद में रखना, खाना न देना एवं दहेज के लिए प्रताड़ित करना आदि आता है. घरेलू हिंसा अधिनियम के तहत अपराधियों को 3 वर्ष तक की सज़ा दी जा सकती है, पर शारीरिक प्रताड़ना की तुलना में महिलाओं के साथ मानसिक प्रताड़ना के मामले ज़्यादा होते हैं. यहां हम कुछ ऐसे अपराध और क़ानूनी धाराओं का ज़िक्र कर रहे हैं, जिनकी जानकारी रहने पर महिलाएं अपने खिला़फ होने वाले अत्याचारों के खिला़फ आवाज़ उठा सकती हैं. अपहरण, भगाना या महिला को शादी के लिए मजबूर करने जैसे अपराध के लिए अभियुक्त के खिला़फ धारा-366 लगाई जाती है, जिसमें 10 वर्ष तक की सज़ा का प्रावधान है. पहली पत्नी के जीवित रहते दूसरा विवाह करना धारा-494 के तहत जघन्य जुर्म है और अभियुक्त को 7 वर्ष की सज़ा मिल सकती है. पति या उसके रिश्तेदारों द्वारा क्रूरता बरतने पर धारा-498 के तहत 3 साल की सज़ा दी जा सकती है. अगर कोई व्यक्ति या रिश्तेदार किसी महिला का अपमान करता है और उस पर झूठे आरोप लगाता है तो उसे धारा-499 के तहत दो साल की सज़ा का भागी बनना पड़ सकता है. दहेज मांगना और उसके लिए प्रताड़ित करना बेहद जघन्य है, जिसके लिए भारतीय क़ानून में आजीवन कारावास की सज़ा का प्रावधान है, जो धारा-304 के तहत सुनाई जाती है. दहेज मृत्य के लिए भी अभियुक्त पर धारा-304 ही लगाई जाती है. किसी लड़की या महिला पर आत्महत्या के लिए दबाव बनाना भी संगीन अपराध की श्रेणी में आता है, जिसके लिए धारा-306 के तहत 10 वर्ष की सज़ा मिलती है. सार्वजनिक स्थान पर अश्लील कार्य एवं अश्लील गीत गाने के लिए धारा-294 और 3 माह क़ैद या जुर्माना या दोनों का प्रावधान है. महिला की शालीनता भंग करने की मंशा से की गई अश्लील हरकत के लिए धारा-354 और 2 वर्ष की सज़ा, महिला के साथ अश्लील हरकत करना या अपशब्द कहने पर धारा-509 और 1 वर्ष की सज़ा, बलात्कार के लिए धारा-376 लगाई जाती है और 10 वर्ष तक की सज़ा या उम्रक़ैद मिलती है. महिला की सहमति के बग़ैर गर्भपात कराना भी उतना ही बड़ा अपराध है, जिसके लिए अभियुक्त को धारा-313 के तहत आजीवन कारावास या 10 वर्ष क़ैद और जुर्माने की कड़ी सज़ा का प्रावधान है. सरकार ने महिलाओं को पुरुषों के अत्याचार, हिंसा और अन्याय से बचाने के लिए राष्ट्रीय महिला आयोग का गठन तो किया, पर वह अपने मक़सद में ज़्यादा सफल नहीं हो पा रहा है. यह ठीक है कि आयोग में शिकायत दर्ज कराने वाली महिलाओं की संख्या बढ़ रही है, लेकिन यहां ग़ौर करने वाली बात यह है कि आयोग में शिकायत लेकर पहुंचने वाली महिलाओं में अधिकांश संख्या उनकी है, जो न केवल पढ़ी-लिखी हैं, बल्कि आर्थिक रूप से आत्मनिर्भर होने के साथ-साथ अपने अधिकारों को पहचानती भी हैं. लेकिन गांवों की अनपढ़, कम पढ़ी-लिखी और दबी-कुचली महिलाओं की आवाज़ इस आयोग में नहीं सुनी जाती. राष्ट्रीय महिला आयोग यह कहकर उनकी आवाज़ अनसुनी कर देता है कि उनके लिए राज्यों में आयोग है, पर राज्यों के आयोग किस भरोसे चल रहे हैं और इस मामले में राष्ट्रीय महिला आयोग क्या क़दम उठा रहा है, इस सवाल पर आयोग पल्ला झाड़ लेता है. किसी घटना के होने पर महिला आयोग तुरंत प्रतिक्रिया तो देता है, लेकिन वास्तव में वह उस मामले में कोई ठोस कार्रवाई नहीं करता है. आरुषि हत्याकांड मामला हमारे सामने है. इस मामले में तो आयोग की कार्यशैली पर ही सवाल उठ गए. आयोग में शिकायतों का ढेर लगा है, लेकिन निपटाने वाला कोई नहीं है. इसलिए सरकार के सामने इस मसले पर बेशुमार चुनौतियां हैं और इन क़ानूनों के अलावा भी कुछ बातें बेहद ज़रूरी हैं, ताकि महिलाओं के साथ हो रहे अपराधों में कमी आ सके. मसलन सरकार द्वारा महिलाओं के संरक्षण का क़ानून पारित होना चाहिए. सरकार महिलाओं से संबंधित इन प्रकरणों के बेशुमार मामलों के निपटारे के लिए विशेष अदालतों का गठन करे. सबसे खास और अहम बात कि खुद महिलाएं अपने अधिकारों के प्रति जागरूक हों.

- See more at: http://www.chauthiduniya.com/2012/03/rights-and-law-of-women.html#sthash.A9ayUksm.dpuf

laws on protection of women's rights and interests in india

IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at women’s advancement in different spheres. India has also ratified various international conventions and human rights instruments committing to secure equal rights of women. Key among them is the ratification of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.

1. CONSTITUTIONAL PROVISIONS

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

Constitutional Privileges

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and women (Article 39(d))

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39 A)

(vii) The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42)

(viii) The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e))

(xi) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3))

(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4))

(ix) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3))

(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4))

2. LEGAL PROVISIONS

To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women.

Although women may be victims of any of the crimes such as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women, are characterized as 'Crime against Women'. These are broadly classified under two categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

(i) Rape (Sec. 376 IPC)

(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)

(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)

(iv) Torture, both mental and physical (Sec. 498-A IPC)

(v) Molestation (Sec. 354 IPC)

(vi) Sexual Harassment (Sec. 509 IPC)

(vii) Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. Some acts which have special provisions to safeguard women and their interests are:

(i) The Employees State Insurance Act, 1948

(ii) The Plantation Labour Act, 1951

(iii) The Family Courts Act, 1954

(iv) The Special Marriage Act, 1954

(v) The Hindu Marriage Act, 1955

(vi) The Hindu Succession Act, 1956 with amendment in 2005

(vii) Immoral Traffic (Prevention) Act, 1956

(viii) The Maternity Benefit Act, 1961 (Amended in 1995)

(ix) Dowry Prohibition Act, 1961

(x) The Medical Termination of Pregnancy Act, 1971

(xi) The Contract Labour (Regulation and Abolition) Act, 1976

(xii) The Equal Remuneration Act, 1976

(xiii) The Prohibition of Child Marriage Act, 2006

(xiv) The Criminal Law (Amendment) Act, 1983

(xv) The Factories (Amendment) Act, 1986

(xvi) Indecent Representation of Women (Prohibition) Act, 1986

(xvii) Commission of Sati (Prevention) Act, 1987

(xviii) The Protection of Women from Domestic Violence Act, 2005

3. SPECIAL INITIATIVES FOR WOMEN

(i) 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.

(ii) Reservation for Women in Local Self -Government

The 73^rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas.

(iii) The National Plan of Action for the Girl Child (1991-2000)

The plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child.

(iv) 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 about the advancement, development and empowerment of women.

*****

Thanks to

Modern India And It’s Women

Modern India And It’s Women...  Women in India now participate in all activities such as education,sports, politics, media, art and culture, service sectors, science and technology, etc. Indira Gandhi, who served as Prime Minister of India for an aggregate period of fifteen years is the worlds longest serving woman Prime Minister.

Constitutional Support To Women...  The Constitution of India guarantees to all Indian women equality (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, it allows special provisions to be made by the State in favour of women and children (Article 15(3)), renounces practices derogatory to the dignity of women (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. (Article 42).

Womens situation in India

WOMEN'S SITUATION IN INDIA

"You can tell the condition of a Nation by looking at the status of its Women." Jawaharlal Nehru, Leader of India's Independence movement, and India's first Prime Minister.

So, how is women's status in India? Today's India offers a lot of opportunities to women, with women having a voice in everyday life, the business world as well as in political life. Nevertheless India is still a male dominated society, where women are often seen as subordinate and inferior to men. This gender bias is the cause that SAARTHAK is fighting for; therefore, in the following we will focus on the wrongs rather than on the rights. This doesn't mean that there aren't a lot of positives to report on, and we will cover some of those in the "Indian women on the rise" section. However, even though India is moving away from the male dominated culture, discrimination is still highly visible in rural as well as in urban areas, throughout all strata of society. While women are guaranteed equality under the constitution, legal protection has a limited effect, where patriarchal traditions prevail.

India's Patriarchal Traditions

1.Dowry Tradition

Much of the discrimination against women arises from India's dowry tradition, where the bride's family gives the groom's family money and/or gifts. Dowries were made illegal in India in 1961, however the law is almost impossible to enforce, and the practice persists for most marriages. Unfortunately, the iniquitous dowry system has even spread to communities who traditionally have not practiced it, because dowry is sometimes used as a means to climb the social ladder, to achieve economic security, and to accumulate material wealth. The model used to calculate the dowry takes the bridegroom's education and future earning potential into account while the bride's education and earning potential are only relevant to her societal role of being a better wife and mother. The bridegroom's demand for a dowry can easily exceed the annual salary of a typical Indian family, and consequently be economically disastrous especially in families with more than one or two daughters.

2. Women as a Liability

The Indian constitution grants women equal rights to men, but strong patriarchal traditions persist in many different societal parts, with women's lives shaped by customs that are centuries old. Hence, in these strata daughters are often regarded as a liability, and conditioned to believe that they are inferior and subordinate to men, whereas sons might be idolized and celebrated.

But why is that?

There are a couple of reasons, why men might be regarded an asset for a family:

Considered capable of earning money
Carry on the family line
Able to provide for their aging parents
Bring a wife (and with this a capable domestic helper) into the family
Play an important role in death rituals in Hindu religion, which ensure, that the soul is released from the body and can go to heaven.

On the other hand, there are a couple of reasons why women might be regarded more of a liability for a family:

Not considered capable of earning money
Seen as economically and emotionally dependent on men
While they help with domestic duties during childhood and adolescence, they go to live with their husband's family after marriage, which means less help in the household of their originating family, and most importantly loss of money due to the dowry tradition.

This might explain why the birth of a daughter may not always be perceived as equally blissful as the birth of a son, and why “May you be blessed with a hundred sons” is a common Hindu wedding blessing.

Discrimination against Women

It should be noted that in a vast country like India - spanning 3.29 million sq. km, where cultural backgrounds, religions and traditions vary widely - the extend of discrimination against women also varies from one societal stratum to another and from state to state - some areas in India being historically more inclined to gender bias than others. There are even communities in India, such as the Nairs of Kerala, certain Maratha clans, and Bengali families, which exhibit matriarchal tendencies, with the head of the family being the oldest woman rather than the oldest man. However, many Indian women face discrimination throughout all stages of their life, beginning at (or even before) birth, continuing as an infant, child, adolescent and adult. The stages can be divided in following sections:

Before Birth / As an Infant
As a Child
After Marriage
As a Widow

Discrimination against Women: Before Birth / As an Infant

India is one of the few countries where males outnumber females; the sex ratio at birth (SRB) – which shows the number of boys born to every 100 girls - is usually consistent in human populations, where about 105 males are born to every 100 females.

There are significant imbalances in the male/female population in India where the SRB is 113; there are also huge local differences from Northern / Western regions such as Punjab or Delhi, where the sex ratio is as high as 125, to Southern / Eastern India e.g. Kerala and Andhra Pradesh, where sex ratios are around 105. Though “prenatal sex discrimination” was legally banned in 1996, the law is nearly impossible to enforce and is not even familiar to all Indian families. Hence, the preference for a male child persists, quite often out of mere practical, financial concerns, because the parents might not be able to afford the marriage dowry for (another) daughter. This leads to some of the most gruesome and desperate acts when it comes to gender discrimination:

Selective abortions
Murdering of female babies
Abandonment of female babies

Prenatal tests to determine the sex of the fetus were criminalized by Indian law in 1994, but the above mentioned imbalances in the sex ratio at birth, clearly point to gender selective abortions. While abortion is officially illegal in India there are some exceptions to this rule such as the failure of contraceptive device used by a couple; if the woman was raped; or if the child would suffer from severe disabilities. In total 11 million abortions take place annually and around 20,000 women die every year due to abortion related complications.

Discrimination against Women: As a Child

Nutrition & Health

As a child, girls are often treated differently from male children in terms of nutrition and health care; where limited food or financial resources are available, the insufficient means are prone to be allocated unevenly in favour of the male offspring.
This imbalance results in insufficient care afforded to girls and women, and is the first major reason for the high levels of child malnutrition. This nutritional deprivation has two harmful consequences for women:

1. They never reach their full growth potential
2. Anaemia

Both consequences are risk factors in pregnancy, complicating childbearing and resulting in maternal and infant deaths, as well as low birth weight infants.

Education

India's constitution guarantees free primary school education for both girls and boys up to age 14. This has been repeatedly reconfirmed, but primary education in India is not universal, and often times not seen as really necessary for girls. Their parents might consider it more important, that they learn domestic chores, as they will need to perform them for their future husbands and in-laws. Another disincentive for sending daughters to school is a concern for the protection of their virginity. When schools are located at a distance, when teachers are male, and when girls are expected to study along with boys, parents are often unwilling to expose their daughters to the potential assault on their virginity, that would ultimately result in an insult to the girl's family's honor.
This results in one of the lowest female literacy rates in the world.

Literacy Rate for Women: 54%
Literacy Rate for Men: 76%

As a comparison, female literacy per 2009: Pakistan: 60%, Peru: 89%, Indonesia: 93%.
Mothers' illiteracy and lack of schooling directly disadvantage their young children. Low schooling translates into poor quality of care for children, consequently in higher infant and child mortality and malnutrition, because mothers with little education are less likely to adopt appropriate health-promoting behaviors, such as having young children immunized.

Social sector programmes e.g. “Sarva Shiksha Abhiyan” (Education for Everyone) are promoting girls' education to equalize educational opportunities and eliminate gender disparities, but these initiatives will take time to unfold their whole effect.

Child Marriages

The Prohibition of Child Marriage Act 2006 bans marriage below age 18 for girls and age 21 for boys, but some 80 % of Indians live in villages where family, caste and community pressures are more effective than any legislature. According to UNICEF's "State of the World's Children 2009" report, 47% of India's women aged 20–24 were married before the legal age of 18, with 56% in rural areas. The report also showed that 40% of the world's child marriages occur in India.

Why does it happen?

Financial Benefit

As outlined above, due to the dowry tradition women are prone to be a (financial) burden for their families, thus seen as a liability.
If the match is made at an early age, the dowry is usually much lower, as the dowry is calculated on the future husband's societal status and education, which – obviously – would be much lower at an early age.
Common Hindu phrase: “The younger the groom, the cheaper the Dowry”

In addition marrying off girls at an early age, ensures, that they marry as virgins, thus protecting the girl's and their family's honour.

Historical Origins

Child marriages started during the invasions of Northern India around 1,000 years ago, when unmarried girls were raped by invaders.
To protect their women from abuse, family members began marrying their daughters at young ages.

Religious origin

Copying the myth that the goddess Parvati had decided to marry god Shiva when she was only eight, girls were married off as young as eight or nine years old.

The consequences

Girls between 15 and 19 are twice as likely to die of pregnancy-related reasons as girls between 20 and 24. Girls married off as children sometimes stay in their parents' house until puberty, but it is just as common, that they move in with their husband and in-laws right after marriage. In that case, many child wives are inclined to experience domestic violence, marital rape, deprivation of food, and lack of access to information, healthcare, and education. Thus, the vicious cycle of illiteracy and abuse is likely to be continued and passed on to their own daughters.

Discrimination against Women: After Marriage
There is mainly a bias towards men and their superiority in marital relationships: while women ought to be respected, protected and kept happy by their husbands – their happiness being vital for the prosperity, peace and happiness of the whole family – they should also be kept under constant vigilance, since they cannot be completely trusted or left to themselves. Whereas as a child a girl is supposed to remain in the custody and care of her parents, after marriage she becomes the property and responsibility of her husband, who is supposed to take care of her and keep her in his custody.
Under the existing cultural and social ethos of India a married girl / woman is no longer considered to be part of the family of her birth, instead she has become part of the family of the groom. Hence, after marriage the woman leaves her parental home and lives with her husband's family, where she is required to assume all household labour and domestic responsibilities.

In certain parts of Indian society, women are conditioned from birth to be subservient not only to their future husbands, but also to the females in their husband's family especially, their mother-in-law. Accordingly, the surrounding society mandates a woman's obedience to her husband and her in-laws. Any disobedience would bring disgrace to both, the wife herself and her originating family, and might lead to the woman being ostracized and neglected by her very own family and in her own home.

Discrimination against Women: After Marriage

There is no cultural or religious tradition behind one of the most ghastly incidents of female oppression, but the prevalence of the dowry tradition has supposedly lead to “Bride Burning” (or other form of murdering) of the newly-wed wife by the husband and his family, who would claim, that she died in a domestic accident, so that the widowed husband would be free to marry again and collect another dowry.
Indian law demands a formal criminal investigation when a newly married woman dies within the home within 7 years of marriage. According to Indian National Crime Record Bureau, there were 8,239 dowry death cases, 1,285 cases of attempted dowry deaths, and another 4,890 cases with pending investigations in 2009. The punishment for dowry deaths is a term of 7 years, which may extend to life imprisonment. Indian law clearly distinguishes the offence of dowry deaths from the offence of murder, for which a death sentence might be declared.

Discrimination against Women: As a Widow

Indian government has enacted numerous laws to protect widow's rights, including prohibitions against traditional practices for which India has been discredited, such as the burning of widows (Sati). Whereas in India's contemporary culture, especially in the modern urban middle-class, these societal norms have given way to a more righteous conduct, the enforcement of the law continues to be challenging, where there are regional, religious or caste variants of family law, which tend to escape government jurisdiction. Hence, a widow is still seen as a liability in some part of the Indian society, which might result in her being abandoned by her in-laws. As her originating family is often unable or unwilling to take her back as well, she might be left on her own, without any education, skills, or financial assistance. Instead, she is subjected to many restrictions, and might be required to shave her head permanently, or to wear white clothes for the rest of her life; thus, stigmatized, she is not allowed to enter in any celebration e.g. weddings, because her presence is considered to be inauspicious. Moreover, a widow might face trouble securing her property rights after her husbands death, nor be allowed to remarry, disregarding at what age she became a widow. As the described discrimination against widows is likely to occur in the same societal surroundings as the above mentioned child marriages, this might lead to child or teenage widows, who are bound to be isolated and ostracized for the rest of their lives.

Discrimination against Women: For Inheritance

While in the educated, urban middle class women's rights continue to improve, there remains a strong bias against gender equality in those societal parts of India, where patriarchal traditions prevail. Consequently, in these strata any inheritance of a deceased husband or father would be passed down to the oldest son, while his wife or daughters would not receive any financial benefit. There are laws in place to ensure legal protection for women's right to inheritance, but the enforcement of the law is challenging, when the woman is refused her right by the family, and when she is not confident or educated enough to claim her right.

Having looked at the status of women in India, we come back to the previously quoted statement from Jawaharlal Nehru "You can tell the condition of a Nation by looking at the status of its Women." The concluding questions are: which nation can claim to be a free and prosperous society, where half of its population is being oppressed? And which striving nation can afford to oppress half of its population? Obviously, the answer to that question is: none! Sustainable and long-term development is not possible without the participation and empowerment of women, only if they participate in the economic and societal development, the full potential of a society of India'ssociety will be unfolded.

Thanks to Sarthak:
http://www.saarthakindia.org/womens_situation_India.html

Saturday 7 March 2015

Woman-empowerment-in-India

The National Mission for Empowerment of Women (NMEW) was launched by the Government of India(GoI) on International Women’s Day in 2010 with the aim to strengthen overall processes that promote all-round Development of women.

It has the mandate to strengthen the inter-sector convergence; facilitate the process of coordinating all the women’s welfare and socio-economic development programmes across ministries and departments. The Mission aims to provide a single window service for all programmes run by the Government for Women under aegis of various Central Ministries.

In light with its mandate, the Mission has been named Mission Poorna Shakti, implying a vision for holistic empowerment of women.

The National Resource Center for Women has been set up which functions as a national convergence center for all schemes and programmes for women. It acts as a central repository of knowledge, information, research and data on all gender related issues and is the main body servicing the National and State Mission Authority.

Sources: http://www.nmew.gov.in/index.php

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Constitution of India under Article 15(3), states that it allows positive discrimination in favour of women and children. Nothing in this article shall prevent the State from making any special provision for women and children. Following are the list of Women Empowerment Programmes instigated by the government:

Rashtriya Mahila Kosh

The Rashtriya Mahila Kosh (RMK) was set up in 1993 under the Ministry of Women and Child Development, with an aim to fulfill credit needs of poor and women with no financial assistance specifically in the formal sector. The micro finance services under RMK is provided through a client friendly and hassle-free loaning mechanism for livelihood activities , housing needs , family needs etc with a motive to uplift the economic status of poor women. It is also known as National Credit Fund for Women as it provides financial assistance to poor women to meet their needs.

Support to Training and employment Programme for Women (STEP)

STEP was launched by the Government of India in 1969 in the Central Sector called the Short Stay Homes for Women & Girls to protect and rehabilitate those women and girls who are facing social and moral danger due to family problems mental strains, social ostracism, exploitation or other causes. The services extended in these Homes include medical care; case work services; occupational therapy; education- cum- vocational training and recreational facilities.

The need for providing Short Stay Homes for Women and Girls has been due to the changing pattern of life, rapid urbanisation and industrialisation and the resulting migration from rural to urban areas. This effort is made to help the women to rehabilitate themselves within a short period of time. These Short Stay Homes have been established by voluntary organisations.

Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) – ‘Sabla’

The Sabla scheme was launched in year 2011. It aims at covering all out-of-school Adolescent Girls in the age group of 11 to 18 years who would assemble at the Anganwadi Centre on a fixed day at regular interval. The others, i.e., school-going girls, meet at the AWC at least twice a month, and more frequently (once a week) during vacations/holidays. Here they receive life skills education, nutrition and health education, awareness about socio-legal issues, etc.

This provides an opportunity for mixed group interaction between school-going and out-of-school girls, motivating the latter to also join school and help the school going to receive the life skills. This scheme mainly aims at reducing the dropout rate of Adolescent Girls by increasing their literacy rate and work participation.

Central Social Welfare Board (CSWB)

The Central Social Welfare Board was set up by a Resolution of Government of India dated 12th August, 1953 with the object of promoting social welfare activities and implementing welfare programmes for women, children and the handicapped through voluntary organisations.

The Indira Gandhi Matritva Sahyog Yojana (IGMSY)

IGMSY was introduced in year 2010 by the Ministry of Women and Child Development for pregnant and lactating women, aiming to partly compensate them for wage-loss during childbirth and childcare and also provide conditions for ensuring safe delivery and promote good nutrition and feeding practices for infants and young children.

Swayamsidha scheme

Swayamsidha scheme was launched in the year 2001 dedicated to Women empowerment. It is a Self Help Groups (SHG) based programme with emphasis on convergence activities. The objective is to ensure that SHG members avail the benefit of all schemes and services in an integrated and holistic manner. This scheme is being implemented in 6 Swayamsidha Scheme districts under which 13 blocks have been sanctioned in Haryana State.

1,300 SHGs have been formed under the scheme and all the 1,300 SHGs are doing saving and have accumulated savings to the tune of Rs. 526.48 lakh and all these groups are conducting inter loaning which is to tune of Rs 442.24 lac and all of them have also opened bank accounts out of which, 603 groups have even availed Bank loans.

Swadhar

This is a Central sector scheme for providing holistic and integrated services to women in difficult circumstances such as destitute widows, women prisoners released from jail and without family support, women survivors of natural disasters; trafficked women/girls rescued from brothels or other places or victims of sexual crime, mentally challenged women who are without any support etc. The package of services made available include provision for food, clothing, shelter, health care, counselling and legal support, social and economic rehabilitation through education, awareness generation , skill upgradation.

The scheme is implemented through voluntary organisations including Department of Women and Child Development and Social Welfare, Boards, State Women's Development Corporation, urban bodies etc., provided they have the required experience and expertise in the rehabilitation of such women. The scheme also supports a helpline for women in distress, counselling centre, training centre and medical centre. At present, 34 swadhar centres are functioning in the State.

Development of Women and Children in Rural Areas (DWCRA)

Development of Women and Children in Rural Areas (DWCRA) introduced in 1982-83 in a sub-scheme of Integrated Rural Development Programme (IRDP) at district level.

The primary objective of the scheme is to focus attention on the women members of rural families below the poverty line to provide them the opportunities of self-employment on a sustained basis. The programme was initially introduced in 50 selected districts. Later, it was extended to more districts in a phased manner all over the country.

With Thanks to The Hansindia.

Sources:

http://www.thehansindia.com/posts/index/2015-03-05/Woman-empowerment-schemes-in-India-135385

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Laws for Women in India.

WOMEN-SPECIFIC LEGISLATIONS

WOMEN-RELATED LEGISLATIONS

Sources:http://ncw.nic.in/frmllawsrelatedtowomen.aspx

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CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

NATIONAL LEGAL RESEARCH DESK

CONSTITUTIONAL PROVISIONS

Constitutional Privileges

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16)

(vii) The State to make provision for securing just and humane conditions of work and for maternity relief(Article 42)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e))

(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4))

(ix) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in everyMunicipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3))

2. LEGAL PROVISIONS

Although women may be victims of any of the crimes such as ‘Murder’, ‘Robbery’, ‘Cheating’ etc, the crimes, which are directed specifically against women, are characterized as ‘Crime against Women’. These are broadly classified under two categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

Rape (Sec. 376 IPC)
Kidnapping & Abduction for different purposes ( Sec. 363-373)
Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
Torture, both mental and physical (Sec. 498-A IPC)
Molestation (Sec. 354 IPC)
Sexual Harassment (Sec. 509 IPC)
Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL)

(i) The Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv)The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi)   The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x)   The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi)   Indecent Representation of Women (Prohibition) Act, 1986
(xvii)   Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
3.                  SPECIAL INITIATIVES FOR WOMEN

(i) National Commission for Women

(ii) Reservation for Women in Local Self -Government

The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas.

(iii) The National Plan of Action for the Girl Child (1991-2000)

The plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child.

(iv) National Policy for the Empowerment of Women, 2001

Sources with Thanks: http://nlrd.org/womens-rights-initiative/legislations-laws-related-to-women/constitutional-and-legal-provisions-for-women-in-india

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Safe Women, Strong Nations

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