Author(s): Sakshi Alang
Paper Details: Volume 4, Issue 3
Citation: IJLSSS 4(3) 29
Page No: 331 – 336
ABSTRACT
The process of formation of women’s rights in India was facilitated by the interaction of legal reforms with socio-cultural reality. Although the Constitution, as well as other laws, provided a sufficient framework for the protection of the rights and interests of Indian women, the real situation of these women brings to light many aspects of implementation and injustice. In any case, this work is dedicated to the question of the influence of law on social processes, particularly concerning the constitutionality and legislation, as well as the judicial acts affecting the position of women. Moreover, some topical issues related to sexual abuse, poverty, and cyber-violence against women will be discussed, along with statistics and international attitude towards the justice system.
Keywords
Women’s Rights, Gender Justice, Social Change, Constitutional Law, Access to Justice, Empowerment, India
INTRODUCTION
The situation of women in law in India has transformed greatly following the independence of India from British colonization. There have been many constitutional provisions and acts that have recognized women as being equal with men as citizens of the nation. Nonetheless, this is not the truth considering the fact that there is a disparity between the law and the reality where women are concerned.[1]
In any case, it is obvious that law is meant to be used in dealing with cases of inequality. The issue here is that there is nothing wrong with adequate law because the problem occurs during the enforcement process. The key issue now is to find out if there is anything in India’s laws to guarantee this change in society.
CONSTITUTIONAL FOUNDATION FOR GENDER EQUALITY
The Constitution of India has a very strong foundation when it comes to gender equality. The idea of equality can be traced to Article 14[2], where it states that there shall be equal protection of laws. Article 15 [3]prohibits any kind of discrimination on the basis of sex and allows the state to implement positive discrimination in favor of women.
Article 16 ensures equal employment opportunity and Article 21 [4]can be read along the lines of dignity, privacy, and autonomy. All these articles, as a whole, indicate the shift towards substantive equality. But then again, this is only a small part of the bigger picture.
LEGISLATION FRAMEWORK AND ITS LIMITATIONS
Several laws have been enacted on women issues in India. The Protection of Women from Domestic Violence Act, 2005 expanded the concept of “violence” to incorporate mental and economic abuse. The Sexual Harassment of Women at Workplace Act, 2013 laid down provisions on how sexual harassment in the work place should be addressed. The Criminal Law (Amendment) Act, 2013 [5]strengthened existing legislation on sexual offenses.
Although such measures have been taken, enforcement remains lax. Poor awareness, poor performance by institutions, and social stigma prevent women from making allegations.
ROLE OF JUDICIARY IN ENHANCING WOMEN’S RIGHTS
The judiciary has played a significant role in enhancing the rights of women by interpreting the constitution.
SIGNIFICANT CASES
Adultery was found to be unconstitutional in Joseph Shine v. Union of India (2018) [6]because women were considered property in India.
Reproductive autonomy has been recognized as necessary for women in X v. Principal Secretary (2022) [7]with regard to abortion in case of unmarried women.
Important aspects of dignity, privacy, and constitutional morality came into play in Navtej Singh Johar v. Union of India (2018).[8]
Before the above-mentioned two cases, Vishaka v. State of Rajasthan (1997) [9]came into existence on sexual harassment at workplaces.
Shayara Bano v. Union of India (2017) [10]marks another significant case where the practice of triple talaq was abolished as per personal laws as per the Constitution.
From the above-mentioned cases, one may infer that women have been honored as autonomous beings.
LAW AND SOCIAL TRANSFORMATION: PERPETUATION OF DICHOTOMY
Legal reforms have not always brought about social transformation. The patriarchal conventions continue to govern familial relationships, career opportunities, and personal decisions.
This is due to the reason that while legal conventions provide for property ownership, there is the likelihood that women will shy away from claiming properties. Equally, although legal measures outlaw domestic violence, social ostracization will ensure that people do not report cases of abuse.
MODERN CONCERNS
Gender-based violence is widespread, with as many as 4.48 lakh cases being reported by NCRB in 2023. Domestic violence is one of the most prevalent forms of gender-based violence.
Unequal access to socio-economic empowerment poses another modern problem for women, where there are not equal opportunities for economic activity. In fact, fewer women than men are working and domestic labor prevents economic empowerment.
The era of technology has brought new problems. Cyberbullying and cyber harassment are now important concerns that require appropriate legal solutions.
Additionally, due to intersectional concerns, marginalized women are unable to seek justice.
REAL LIFE EXAMPLES: GENDER JUSTICE IN PRACTICE
The gap between what laws stipulate in terms of rights and what happens in reality becomes evident when laws are applied with regard to practical examples. India has a strong legal regime regarding protection of women but enforcement can be inconsistent.
One area where this inconsistency is evident concerns the process involved in handling sexual harassment in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The law requires the creation of internal complaint committees but enforcement can be erratic depending on the particular organization. Many companies are not aware of their obligations while small businesses lack resources to create internal complaint committees. As such, women can continue facing repercussions such as workplace isolation or career advancement after having raised sexual harassment claims. The problem is even more obvious in the context of domestic abuse. The National Commission of Women reported a spike in complaints regarding domestic abuse following the COVID-19 lockdown. According to official statistics, there was an increase from 2,960 to 5,297 cases during the first year of the pandemic.
The problem is even more obvious in the context of domestic violence. Additional support is given by the latest statistics made available by NCRB. One can observe that the total number of crimes committed against women in India in 2023 is about 4.48 lakhs, a little bit higher than the previous year. What makes this point very important is that out of the different crimes committed against women, ‘Cruelty by Husband or Relatives’ comprised almost 29.8 percent of the total crime rate, which is highest in all other types of crimes.
This figure shows that even though there are different laws that protect these women, there might be many social factors which prevent them from availing themselves of those laws.
ACCESS TO JUSTICE: A CLASH BETWEEN THEORY AND PRACTICE
One of the most significant challenges is that of access to justice. While there are ways of doing this such as Zero FIR and legal aid, there are several barriers preventing their efficacy
Alternative mechanisms, including the National Commission for Women, provide potential solutions; however, these too are faced with barriers in the form of restricted jurisdiction and inadequate funding. Systems in the workplace also do not prove to be effective as they lack independence. Clearly, the issue does not arise from the lack of viable solutions but from their availability.
EXAMPLE OF REALITY OF LAW AND ECONOMICS: DIGITIZATION AND ECONOMIC EMPOWERMENT
Despite the presence of some challenges, there are still some examples of how the power of law, policies, and technology can help empower women.
A good example of an initiative in this regard is the widespread emergence of Self-Help Groups (SHGs), run by women in rural India. Through helping the women acquire access to microcredit, entrepreneurship training programs, and a community support network, the SHGs have played a significant role in ensuring that millions of women become economically active. The digital sphere is another area where empowerment has taken place. Legal mechanisms like grievance portals, cybercrime reporting services, even digital policing services have made accessing justice simpler than before. The Digital Police Citizen Services portal and other cybercrime reporting portals enable women to make their complaints without necessarily meeting the police personally.
However, as seen above, technology is also risky. As shown in the several research findings that followed the pandemic, the number of cyber harassment cases increased drastically for women. Such incidents fall into the category of what has become known as the “shadow pandemic” of gender-based violence.
As seen from the above discussion, technology can be empowering as well as risky. It empowers women, enables them to have financial independence, and access to easier justice. However, there are risks associated with the use of technology that require appropriate legislation as well as social action to mitigate. In essence, empowerment in today’s world requires us not just to harness technology but to guard against it, too.
INFORMAL JUSTICE SYSTEMS AND EMPOWERMENT OF WOMEN
Many conflicts and issues have been resolved through informal processes outside the formal systems of justice. The benefit of taking recourse to such processes is their ease of access in situations where women find themselves constrained for economic and/or geographic reasons.
The problem with such a course of action is that it tends to sustain social injustice. As already highlighted, the risk of perpetuating patriarchy is ever-present when resorting to such processes. However, one must remember that women do not sit back passively while doing so. They play vital roles as mediators, advisors, and even leaders within their communities. Both elements must be considered during any efforts at reform.
DIRECTIONS TOWARDS EMPOWERMENT
For any process of empowerment, there must always be multiple ways. Better law enforcement is indeed essential, but it must also be augmented by enhancing legal awareness and legal assistance facilities.
Reforms within institutions should be equally significant since the inclusion of more women within judicial and police forces will change many decisions. Through education and gender sensitization, some stereotypes may even be overcome.
Technology itself can play its role positively through making access to information and complaints easy, provided the right steps are undertaken.
CONCLUSION
Gender equality remains an unfinished agenda in India. Although there have been many developments in the law, it still possesses great potential for changing women’s lives.
The question is how to turn legal gains into reality. This requires not only better laws but also effective enforcement and readiness to address deeply entrenched social customs.
Ultimately, empowerment of women cannot be achieved through laws alone. Women must empower themselves through socio-economic development and participation in all walks of life.
[1] FLAVIA AGNES, LAW AND GENDER INEQUALITY (2001).
[2] INDIA CONST. arts. 14.
[3] INDIA CONST. arts. 15.
[4] INDIA CONST. arts. 21.
[5] The Criminal Law (Amendment) Act, 2013
[6] Joseph Shine v. Union of India (2018)
[7] X v. Principal Secretary (2022)
[8] Navtej Singh Johar v. Union of India (2018).
[9] Vishaka v. State of Rajasthan (1997)
[10] Shayara Bano v. Union of India (2017)