By Dr. P. Sailaja
Man and woman are two halves of humanity none of the two can reach its highest creative excellence without cooperation of the other. Even in the new millennium, the status of women has not improved significantly. The world today is said to be controlled by money, power and influence. Most of that is bundled up in the hands of a few. The rich rarely become victims of the law. Women constitute about one-half of the global population, but they are placed at various disadvantageous positions due to gender difference and bias. They have been the victims of violence and exploitation by the male-dominated society all over the world. The concept of equality between male and female was almost unknown to us before the enactment of the Constitution of India. The journey has been a long, but interesting and rewarding one. It is learned that sexual harassment is a complex challenge, one that is often controversial and contentious. Attitudes towards sexual harassment run the gamut from discomfort, fear and concern to disbelief and indifference. Children too in current times are being increasingly exposed to sexually explicit material which is not suitable to their age. Women’s and children’s issues have been a matter of great concern for a long time but these are taken seriously only in the past few decades.
The International Bill of Human Rights strengthened and emphasized the human rights of women and children. As regards India, our Constitution provides better protection to women and children under Articles 14, 15(3), 16, 21, 21-A, 24, 39(a), 51-A, 32, 226 and the Preamble of the Constitution. Moreover, the earlier legislations in India have protected women and children from torture, cruelty, outrage of modesty, rape, cheating, assault, bigamy and harassment under sections 509, 498-A, 494, 497, 304-B, 305, 354, 375 and 376 of the Indian Penal Code, 1860, and for maintenance under sections 125 to 128 of the Code of Criminal Procedure, 1973.
Social Legislations to Protect the Women and Child
Government of India has enacted special legislations to protect women and child. Some of the most useful legislations are as follows:
- The Factories Act, 1948
- The Immoral Traffic (Prevention) Act, 1956
- The Dowry Prohibition Act, 1961
- The Maternity Benefit Act, 1961
- The Child Labour (Prohibition and Regulation) Act, 1986
- The Indecent Representation of Women (Prohibition) Act, 1986
- The Family Courts Act, 1984
- The Legal Services Authorities Act, 1987
- The National Commission for Women Act, 1990
- The Protection of Human Rights Act, 1993
- The Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
- The Juvenile Justice Act, 2000
- The Commission for Protection of Child Rights Act, 2005
- The Protection of Women from Domestic Violence Act, 2005
- The Protection against Sexual Harassment of Women Bill, 2005
- The Prohibition of Child Marriage Act, 2006
- The Right of Children to Free and Compulsory Education Act, 2009
- The Protection of Children from Sexual Offences Act, 2012
Personal Law Legislations
Personal laws are applicable to persons of particular religions and not applicable to all persons like general laws. Hence, Hindu laws are applicable to Hindus, Muslim laws applicable to Muslims and Christian law applicable to Christians. Some special provisions are inserted for the protection of women in religious legislations. They are as follows:
- The Hindu Marriage Act, 1955
- The Hindu Adoption and Maintenance Act, 1956
- The Hindu Minority and Guardianship Act, 1956
- The Succession Act, 1956
- The Muslim Women Protection Act, 1986
Judicial Approach
The Supreme Court of India has touched on the issue of immoral human traffic in two prominent judgments, i.e. Vishal Jeet v. Union of India (1990) and Gaurav Jain v. Union of India (1997). These judgments directed the Government of India, among other things, to prepare a ‘National Plan to Combat Trafficking and Commercial Sexual Exploitation of Women and Children’. As a result of this, a National Plan was drafted in 1998 which lays down measures for prevention, rescue, rehabilitation and reintegration. In the matter of Vishaka v. State of Rajasthan, the Hon’ble Supreme Court laid down the definition and details of sexual harassment.
Society has to be controlled. Society can exist only under the shelter of the State, and the law and justice of the State is a permanent and necessary condition of peace, order and civilization. India is a socialist State. According to the Supreme Court, “The principal aim of socialism is to eliminate inequality of income and status and standard of life and to provide a decent standard of life to the working people”. Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Socialistic concept of society should be implemented in the true spirit of the Constitution. The Constitution embodies a distinct philosophy and declares that India will be organized as a Social Welfare State.
Conclusion
Though various legislations are enacted for the protection of women’s and children’s rights, various anomalies also exist in legislations which must be amended for better protection of women’s and children’s rights to save the woman and child. The children are the nation’s asset and future resource of manpower for the country. They constitute the core of human society. It is their development which sustains society. Their development with dignity is a matter of great concern throughout the world.
It is to be noted that legislations or Acts alone cannot eliminate discrimination against women and child. In order to reduce the offences we must change the attitude and behaviour of men; and this has to start early in boyhood. Enlightened fathers, husbands and brothers are more likely to respect daughters, wives and sisters.