WHY NOT ALERT WOMEN WITH HUMAN-RIGHTS, CONSITUTIONAL AND LEGAL RIGHTS- for SELF-PROTECTION AGAINST HER OWN AGONY, DOEMSTIC VIOLENCE, DOWRY DEATH AND EVEN FROM VAUGE FULL MARGINALISATION CURSES.
By PROF & DR. R.CHANDRASHEKHARA, principal, Bengaluru Law College, Bengaluru-69
Mobile: 9738252715 E-MAIL ID: rchandrashekhara@gmail.com.
- ABSTRACT: The birth of a girl child is itself to be uncertain in the hands of selfish family men, since the trembling mind, shivering hands are yet to set to give birth to the girl child in the society so that in days to come these girl child shall grow with good conscience, education and financially fit enough to revolt for their rights under Indian Constitution socially, politically and economically. Mere passing stringent laws never ends the problem, instead entitlement of education, interrelationship, civic sense and core necessity of having girl-children for the overall good of the society and nation.
- Introduction: Today India is struggling for ensuring basic Domestic rights like: equality, empowerment, and social justice to the Women force. For the cause repeated revolts, demonstration and Agitations are being held in the Capital and other Metros. Even to this Parliamentarian are not ready to accept 33 per cent age of Reservation politically for women. Not only Goondas’ even priests are also barring them to respire freely in the society. Rape and Corruptions are increasing day by day uncontrolled way. Our Laws and machinery is failing in checking the curtailment of Fundamental Rights and its usage by the Women force. Is Revolt is the answer? Not so, finally we might see the probability of occurrence of parallel government, replacing a paralyzed government to seek their birth-rights in Indian Peninsula
Today’s TV is filled with full of women oriented stories, being managed by women of hi-ups and ultra-socialites. The Cumbersome of presenting of single story vividly and continuously with all imagery and impotent stuff has become a reality show with no value basically. The string operations and stints of defame does carry poor reputation and TRP. The motto behind the sold-channels are so, and internationally they are about to defame the women’s status-quo even to soil.
Even under all chaotic state India is seems to be better half to sustain with old passion and fashion style of posing domestic violence upon the women to the ultimate ultra-life style of urban, however the traditional and cultural cruelty with unknown scent of black magic, unscientific understanding and blind follow ups are often culminating the women force to drown into the sphere of nasty inhumane niche at ease, and domestically by the cruel mother in laws. It is the UN report that about two-third of the female population of the world, the wives are manhandled by their husbands.
In general, Women in all spheres of life- dwells with agony or self-commitment blunders of habitual number- one prey to cruelties. The Ignorance is in abundance and never had given room for her to know, her own strength and rights since the day immemorial is the main reason. She must know her equal treatment with male in the family, her rights to property her right to maintenance, conjugal rights, judicial separation, divorce, or nullity of marriage and remarry for the purpose to attain at least peace for her own sake. If she is an employee either in organized or Un-organized sector must understand with the rules and regulations of labor law, factory act and finance laws applicable under HBA, Allowances, ESI, PF, Gratuity and Bonus like, from time to time. Again Women shall come up with the modernity to find her own true mold of safety, security knowing the bird eye view of few terms and portions of the following Acts, codes and policies viz., Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Under Dowry Prohibition Act, 1961, Indecent Representation of Women (Prohibition) Act, 1986, Immoral Traffic (Prevention) Act-1956, Commission of Sati (Prevention) Act, 1987, Per-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994 and the Medical Termination of Pregnancy Act, 1971 .Child Marriage Restraint, Their employment, Constitutional guarantees and directives etc., as a correlative duty-Not an absolute principle.
International Rights for Women’s Status and Rights and Indian Constitution:
1946-The Commission on the Status of Women is established under Economic and Social Council of the United Nations Organization.
Article: 2. Of the Universal Declaration of Human Rights 1948 says: “Everyone is entitled to all the right and freedoms set forth in this Declaration, without distinction of any kind such as Genders, race, color sex, language, religion, region, birth, social and political or other opinion etc.,”
Again Article 03 of International Covenant on Civil and Political Rights clearly stated that ‘The States parties to the present covenant undertake to ensure the equal rights of men and women to the enjoyment of all civil and political rights set forth in the present covenant.’
This is followed by Article: 23 of this covenant it has been provided:
- The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- The right of men and women of marriageable age to marry and to found a family shall be recognized.
- No marriage shall be entered into without the free and full consent of the intending spouses.
- State Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibility of spouses as to marriage, during marriage and at its dissolution.
Whereas Article 10(1) and (2) of the International Covenant on Economic, Social and Cultural rights afford very attentive steps for protection of individual Family in the society and the special protection to the mother before and after her delivery of the child. It is authors’ merciful pray with the Governments to come out with stretched right hand support to help the such of the family where the women has given birth to 11 baby-children as a rarest of rare illustration of mankind recently in the face book with the intention of affording the modern safety to all the new born and without the discrimination or political favor of any Religion.
The suppression of the traffic n women and Children and the Exploitation of the Prostitution of others of 1949. This convention came in force on July 25, 1951.
In December-18,1979 the General Assembly of the United Nations had adopted a declaration to the effect of Implementing the principles on the elimination of all forms of discrimination against Women under aegis of Committee on the Elimination of Discrimination Against Women (C.E.D.A.W.)
Indian Constitution-1949 and its Article: 14 deals with provisions on Equality of Women with men and constitutional guarantees even on the subjects like: Castes and Creeds, religions and faiths, different communities etc.,
Indian Constitution-1949 and its Article: 15: it has been mandated that:
- The State shall not discriminate against any citizen on grounds only of religions, race, caste, sex, place of birth or any of them.
- No citizen shall be discriminated -because of disability, liability, restriction or conditions with regard to:
- Access to shops, public restaurants, hotels and places of public entertainment.
- Those of wells, tanks, bathing Ghats, roads and places of public resort maintained wholly or partly out o State Fund or dedicated to the use of general public.
- Nothing in this Article shall prevent the State from making any special provision for women and children.
- Nothing in this Article or Article 20(2) shall present the State from making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the SC and ST.
- Indian Constitution-1949 and its Article:16, equality of opportunity of males and female and other classes and faiths, etc., has been granted.
- Indian Constitution-1949 and its Article: 21, Protection of life and liberty of both male and female guaranteed except according to the procedure established by law
- Indian Constitution-1949 and its Article: 23, Traffic in human being and beggar and other forced labor are prohibited and any contravention shall be an offence and punishable. , and state can also impose compulsory service for public purposes.
- Indian Constitution-1949 and its Article: 25, guarantees freedom of conscience and free professional practice and propagation of religion subject to Public order, morality and health. Nothing in this Article shall affect the operation of any practices on religious in term of socio-economically.
CONSITUTIONAL DIRECTIVES TO THE STATE FOR MAINTNEANCE OF RIGHTS AND WELFARE OF WOMEN:
Indian Constitution-1949 and its Article: 39, on the subject matter of livelihood, equal work with equal pay and benefits.
Indian Constitution-1949 and its Article: 39A, without looking for money, it is the state duty to give free legal aid to all aspirants
Indian Constitution-1949 and its Article: 42, State obligation to provide a provision for securing just and humane conditions of work and for maternity relief with pecuniary benefits for both spouses.
Indian Constitution-1949 and its Article: 44, directs for UNIFORM CIVIL CODE in public life for all citizen. Though presently it is mirage may materialize at the earliest.
FUNDAMENTAL DUTY TO RENOUNCE PRACTICES DEROGATORY TO THE DIGNITY OF WOMEN.
Indian Constitution-1949 and its Article: 51, It shall be the duty of every citizen in India to promote harmony and the spirit of common brotherhood amongst all, without giving room for any kind of discrimination and to upheld the dignity of women in totality. Here its mandatory as well as statutorily for men to not to pressurize/mock their women to the tune of ancient rural niche saying Pair kee joote, Ardhangine, Sati-savitri, Maha pativrata, pati-parameshawara,- with teasing tone, stri swatantryam naaarhasi, Vat savitri, Paniyamma biosketch etc., instead try to please them, decorate them with at least 33per centage of Reservation, Decorum and honor with social elite- oozing , the Society may go up with good lusture, odour and lookout.
RIGHT OF A WOMAN OR WOMEN COLLECTIVELY TO MAKE COMLAINT TO THE NATIONAL COMMISSION FOR WOMEN OR TO MAKE SUGGESTION OR REQUEST FOR HELP:
This shall be in accordance with the provisions cited in The National Commission for Women Act, 1990, Aggrieved individual woman or Association visit the Commission with their pleas, appeal the commission to investigate and examine the matter either in terms of prima-facie or suo-moto on the above topics, they will take up the issues with the appropriate authority and try to get it solved. Now a days we are witnessing that the Commission is wasting its precious time in indulging and involving unnecessarily on the TRP issues of Cine actors, Aristocrats, who will terminate their a shameful collisions with condition less terms of either police or public in general. General complaints mostly based on Domestic violence on woman and children- in term of abuse, or threat or physical, sexual, verbal, emotional or economic abuse, Harassment of sex and dowry, starring, often telling fatty, plummy, tubby, and other relevant reasons which upheld the grounds for divorce and often like in place of her inevitability, innocence and awkward situation of strange habitat. The magistrate shall fix the first date of hearing of the application ordinarily within three days of its receipt and shall endeavor to dispose of the application of monetary benefits and maintenance benefits- within sixty days of the first hearing. The clause 14 of the Act empowers the Magistrate to direct at any stage of the proceedings, the respondent or the aggrieved person either singly or jointly to undergo primary protection or counselling with an experienced service provider as per the rules.
SOCIAL EVILISTIC PROBLEM AND SOCIAL REMEDY:
The days call to all youngsters to come forward and show human mercy to wipe off pain and agony, with a clarion call for society to save the woman & bride who are the mother of new generation.
Dowry, Dowry death, cruelty to Women and Domestic violence are enhancing in the modern day society and enraging the citizen utmost. All TV channels and every Newspapers are beaming the news of violence, Rape, murder and other offences being tagged to women. The pathetic condition of the deserted and dejected women, who are the victims of most despicable, detestable and utterly condemnable civic evil of demand for dowry even after the years past to marriage embedded with alarming increase of violence and exploitation like a disease of uncured nature. Central Government has enacted with numerous laws which have been of no use in nipping the menace like Dowry reaping.
In the word of Cicero: “A PERVERSE TEMPER, AND A DISCONTENDED FRETFUL DISPOISTION, WHEREVER THEY PREVAIL, RENDER ANY STATE OF LIFE UNHAPPY.” The evil is truly been the creation of the society and its fellow men. The court as an agent is searching for solution of these problems in its ambit of a statute. The society has to re-awaken with its sound full days of culture, tradition, samskara, spirituality of the then ancient India of high morale and dignity on humanitarian ground. The social ethos to upkeep the scents of humanistic. Today I was seeing Facebook where a State Minister says that being a patriot one must not attend the marriage which has given and taken of dowry, even attending such marriage one must not consume the food there since it is made out of tears of brides’ side. The overwhelming victory over Melody Dowry of bride to malady of dowry in menace has to be gotten legally and constitutionally with have social conscience community and its active expression. The innate meaning of active expression of society is to say earn money (Artha), kama (Desire), Moksha(Salvation) based on DHARMA (Religion) concept.
CONCLUSION:and: SUGGESTION:
God has created Male and Female with equal days of gestation period, why there lies discrimination netted by the commoners in the society to evade to ruthless and meaning less force of uncivilized nature resulting in culminating in feticide, drawing a distinct line between male and female child in affording safety, security, education and shelter. Really this is a meaningless and being in practice by the men of brainless nature.
To curtail this practice in totality, this is the high time to rationalize the Laws in favour of nation, land, integrity and unity without discrimination of male or female. The defaulter has to be booked mercilessly, The Education, Employment Health , Defense and Safety & Security shall be under Government hand and nationalized for free availability to her citizen.
To rationalize the present society bold steps to be adored by the Government of India and educate the citizen to accept the children of both sex with equality.
Setting up of special courts to deal with domestic violence cases speedily.
Include Sex education along with Environment and Indian Constitution papers.
Sensitized the cops with modern training and increase women cops from present 7.8 to 20 %.
Use GPS in all public or private buses, autos cabs. There should be extensive use of CCTV on roads, buses and metros.
The Government needs to take a comprehensive approach to combat crimes effectively. Besides it has to make sincere and serious efforts to mobilize the democratically oriented sections of society to come forward with a view to combat crimes in general and crimes against Women and Children in particular.
Under The Criminal Law (Second Amendment) Act, 1983 IPC 498A was made punishable . with non-bail able and cognizable offence of punishable with imprisonment for a term of 3 years and fine. If the culprit was proven to be a cruel husband, posed Death to the wife within the span of 7 years to the marriage, the verdict shall be by a first class Magistrate.