Gender Justice And Human Rights

ABSTRACT

A perusal of the criminal laws and personal laws reveal that laws adopt a protectionist and paternalistic approach for empowering and providing autonomy to women. This paper initiates a discussion on issues at the core of gender justice. This paper further argues that social conditioning restricts the possibility of autonomous decisions. In conclusion, it is argued that laws need to create just social conditions and institutions that guarantee freedom from socially imposed disabilities, and subsequently, strengthen autonomy in decision making. Women are the foremost vulnerable and weaker section of the society and have continuously been looked down as a artifact which might be used, re-used and abused. this text highlights the standing women within the society and therefore the nature and magnitude of violence happening against women across the planet. The author, during this article, describes numerous forms of violence that ar happening against girls like force, feminine foeticide and infanticide, kid wedding, rape, harassment at work, trafficking and harlotry, with a special relevance Bharat. Numerous legislations implemented in Bharat for the protection of girls against violence have conjointly been mentioned by the author during this article.

INTRODUCTION

The idea of human dignity is associated with the protection against the exploitation and violation of inalienable fundamental rights. The term human dignity is commonly used for protecting the status and honor of person, without which a person cannot live on earth .Human dignity protect the civil, political, religious, and social rights of individual .Human dignity is attached with the family, caste, community and society. Every society does have its own norms with pride of dignity. They maintain their dignity and status as per customary practices. Being a human we should treat all at equal footing irrespective of gender. Article 21 of constitution of India states that the rights of life are not only correlated with human dignity but also it directs our attention to very essential social issue of honor killing. It is observed that, in many countries, women fall victim to traditional practices that violates their human dignity .Honor killing is one of the extreme violence mostly perpetrated on women by men. The practice of honor killing is a gross violation of the right to life with human dignity and the worst possible form of discrimination based on sex, caste, and communities. Honor killing is a traditional practice that originated over 2000 years ago and it was carried out by many countries. Origin of honor killing took place in Baluch and pashtun tribe custom. Now it is spread worldwide. Number of cases is unreported. Honor killing Is an affront to right to life with human dignity. The Supreme Court observed in case of Francis Coralie Mullin V. Administrator and Union Territory of Delhi AIR 1981SC746 that right to life enshrined with in Article 21 cannot be restricted to mere animal existence. It means something more than just physical survival .The right to life includes the right to life with human dignity.

GENDER JUSTICE

Gender Justice is a wide term that takes its sweep in every facet of life. For centuries, in fact ever since known history, we have been living in a patriarchal and feudal society which assigns a subordinate position to the women in the social hierarchy. Women may be respected and loved, but they have been confined to home and home-making, and looking after the children, the sick ones, the elderly in the family and it can be said that the most of the unpaid work in this world is done by the women. Their lack of socio-economic independence has lead women to their exploitation. But a new awareness of this exploitation and the need to restructure society on a more just basis has lead to serious attempts to reform and transform our social, moral, economical and political structure, including our legal and constitutional framework.

Equality of sexes and Gender justice has indeed made very slow progress. Women being subordinate to men have subsisted through the millennia in all the societies and countries as well. It is only now at the beginning of 21st century that these twin factors are being recognized. In the view of Prof. Amartya Sen, “Empirical research in recent ten years has brought out clearly the extent to which women occupy disadvantaged positions in traditional economic and social arrangements. While the gender inequalities can be observed in every part of the world, nevertheless to some fields women’s relative deprivation is much more acute in any parts of the ‘third world’.

CONCEPT OF HONOR KILLING

Since ancient period honor is deeply rooted into traditional and customs of family, community and society. Conception of honor is regulated by male and female person particularly women, and their sexual activities, exhibits the honor of the family male person are considered the safeguard of family honor. Women’s behavior, activities, reflected, to entire family honor depend upon the women’s chastity. Men should monitor over the women’s activity and liable for controlling her sexuality as violent conduct towards the women shows the power of men. The concept of honor used to rationalized killing is founded on the notion that a person’s honor depends on the behavior of others and that behavior , therefore must be controlled Indian society is an honor based society ,family member trying to preserve that self –worth . Men are considered as protector of family honor and concept of honor killing is connected gender, especially with women sexual behavioral activities exhibits the family honors. Honor binds closely connected with women’s behaviors in his social norms of society, for that those violates it. They will be facing the music of death.

INTERNATIONAL PERCEPTIVE

There are number of evil customary practices observed in almost societies. Honor Killing is not only a problem of our country; it is wide spread problem. Youth are the future of every country. Whenever we punish youth for daring to choose their own life partner and marry him or her, obviously we destroy future of our country as well as reduce energy and power of our own nation.

It is observed that ,mostly victims were mainly young to twelve to twenty-four years old, it create fear among the youth , who may be interested to get married ,due to this pressure couples tends to commit suicide ,it is severe violation of right to life with human dignity and Fundamental right. Honor violence occurs throughout world, from South America to Asia. The exact figure of how many men and woman have been killed in the name of honor killing is unknown. Not all countries keep official statistic and it’s a crime difficult to detect.

Various Legislations for the protection of women

It is a grave truth that ladies across the planet area unit crushed up, raped, trafficked and conjointly killed regardless of their standing and countries – made or poor. Such abuses and violations of human rights not solely impose a threat to the existence and standing of ladies within the society however conjointly pan the complete society. But now there is a growing concern for the women and to protect the women against such violence across the world. Thus the international community has come forward with comprehensive legislation for effective response to violence against women. Various countries of the planet have obligations beneath the jurisprudence to enact, implement and enforce various legislations which address all kinds of violence against women. Many countries have adopted and revised legislations to prevent violence against women but they still face difficulties in proper enforcement of legislations and protect women from such violence. In the society, women are subject to protection and dependence on their father in their childhood, after marriage on their husband and in old age on their sons. The patriarchal system of the society has given men to exercise unlimited power on women in the society. Hence, in order to protect the women from violence and ensure the fundamental human rights and specific rights of women, various legislations have been enforced at the international level as well as at the domestic level. These international conventions and treaties and other legislations are as follows:

Convention on the Elimination of All sorts of Discrimination against girls (CEDAW)

The CEDAW or the Convention on the Elimination of All sorts of Discriminations Against girls was adopted on eighteen Gregorian calendar month 1979 by the international organization General Assembly and was entered into force on 3 September 1981 as an international treaty. It was enforced in order to monitor and scrutinize the condition and the position of women and to promote the rights of the women. CEDAW has been involved ensuring equality of women with men and denied all such areas which denied equality with men. The Article 11 states that “[State] takes all appropriate measures to eliminate discrimination against women in the field of employment” and Article 24 states that “[State shall] undertake to adopt all necessary measures at the national level geared toward achieving the complete realization”

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International Convention on Elimination of All Forms of Racial Discrimination Against Women

This convention was adopted on 21 December 1965 by the UN General Assembly to deal with the racial discrimination against women. Its monitoring body, the committee on the Elimination of Racial Discrimination made reference to trafficking in persons in some recommendations and observations to the state parties on the basis of Article 5. Article five expands upon on the final obligation of Article two and creates a particular obligation to ensure the correct of everybody to equality before the law despite 'race, colour, or national or ethnic origin'.It further lists specific rights this equality must apply to: equal treatment by courts and tribunals, security of the person and freedom from violence, the civil and political rights thoroughbred within the ICCPR, the economic, social and cultural rights affirmed in the ICESCR, and the right of access to any place or service used by the general public, 'such as transport hotels, restaurants, cafes, theatres and parks.' In addition, other international instruments which create obligations for State parties to enact and enforce legislation for addressing violence against girls area unit Protocol to stop, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), and the Rome Statute of the International judicature (The Rome Statute).

Declaration on the Elimination of Violence against Women, 1993

Besides the above mentioned legislations, Article 4 of the 1993 Declaration on the Elimination of Violence against Women, which has been adopted by the final Assembly, needs Member States to:

• (i) Condemn violence against women and not invoke custom, tradition or religion to avoid their obligations to eliminate such violence;
• (ii) Develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to victims;
• (iii) Provide access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies; and
• (iv) Ensure that the secondary victimization of women does not occur because of laws insensitive to gender considerations, enforcement practices or other interventions

UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948

There are nearly sixteen articles of Universal Declaration of Human Rights which gives women to enjoy without discrimination. Some of these are below.

• Article 1- Honor killing are inhuman cruel act which violates the natural rights which are inalienable rights of victim. Honor killing purely violence against women perpetrators withdraws the right of person.
• Article 2 - “everyone is entitled to all the rights and freedom setfoth in this declaration without discrimination of any kind such as race, color, sex, language, political or other opinion .therefore no discrimination shall be made on the basis of political , jurisdictional status of country to which a person belong” . But in honor killing whoever performs marriage outside the caste or inter-religion against the wishes of parents these person become victims of customary killing practices.
• Article 3 and 5 – states that women are entitled to enjoy the right to life , liberty, and security of person and right to be free from torture or cruel, in human and degrading treatment in name of culture and customary practices. Honor crimes violate the right to life and prohibiting from enjoyment of life of victim.

Legislations in India

In India, various legislations have been enacted towards providing the rights of women. The Constitution of India, in its Article 14, states the Right to Equality, Article 15 states the right to non-discrimination, Article 19(1)(g) states the right to practice one’s profession and Article 21 states the right to life. Besides these rights provided by the Constitution of India, various other specific legislations have also been enacted and enforced to prevent violence against women and protect women’s rights. These are enumerated as follows:

• (i) Abolition of Sati in 1829;
• (ii) Hindu Widow’s Remarriage Act 1856;
• (iii) Special Marriage Act 1954 to promote inter caste, intercommunity marriages;
• (iv) The Child Marriage Restraint Act 1929;
• (v) The Prohibition of Child Marriage Act, 2006;
• (vi) Hindu Women’s Right to Property Act 1937;
• (vii) Suppression of Immoral Traffic in Women and Girls Act 1956;
• (viii) Dowry Prohibition Act 1961;
• (ix) The Indecent Representation of Women (Prohibition) Act 1986;
• (x) Commission of Sati (Prevention) Act 1987;
• (xi) Pre conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) (PCPNDT) Act, 1994;
• (xii) Protection of Women from Domestic Violence Act, 2005
• (xiii) The Sexual Harassment of Women at Workplace (Prevention Protection and Redressal) Act, 2013

Aside from the previously mentioned enactments, there are some different authorizations relating to industry containing exceptional arrangements for ladies, for example, The Workmen's Compensation Act, 1921; Payment of Wages Act, 1936; Factories Act, 1948; Maternity Benefit Act, 1961; Minimum Wages Act, 1948, Employees State Insurance Act 1948 and Pensions Act,1987 and so forth.

NHRC and Indian perspective of human rights

The National Human Rights Commission (NHRC) was came upon in 1993 as a statutory body to that people and interested parties will create complaints on human rights violations within the country. NHRC has explicitly stated that women's rights will be a part of its concerns. As yet NHRC has taken up no specific issues of violation, though it has attempted to address single instances of State violence on women. It is yet to take a significant interest in women's rights. Part of the problem arises out of the division seen between the National Commission for Women and NHRC; although a member of the Women's Commission is represented in NHRC, it is often assumed that the Women's Commission, its establishment has been criticised as a move on the State to appear accountable without providing these bodies with sufficient autonomy to push through decisions or recommendations of the Law Commission that may appear to be contrary to State's interests. The Law Commission, the Minorities Commissions, the Commissions for Scheduled Tribes and Scheduled Castes, have been broadly mandated to look at women's issues. Barring the Law Commission, which has participated actively in recommending gender justice and legal change, the remaining Commissions have shown little concern for women's rights in their functioning.

The causes of persistent disparity and inequality between men and women are only partially examined, explored and understood. In recent years attention has been focused on inequalities in the allocation of resources at the household level, as seen in the higher share of education, health and food expenditures, boys receive in comparison with girls. The decision-making process within households is complex and is influenced by social and cultural norms, market opportunities and institutional factors. There is considerable proof that the infrahousehold allocation of resources is a key factor in determining the levels of schooling, health and nutrition accorded to household members. Regional factors also have contributed in gender equalities.

All the previously mentioned worldwide and national enactments have been sanctioned and implemented with a shared objective of securing ladies, their essential rights and to counteract savagery against ladies over the world.

Apart from these legislations which are being implemented in various countries across the world by the governments, it is also very important for the government machinery to conduct various awareness programmes and provide educational and all other facilities to the women in that country so as to develop skills, build confidence, develop leadership qualities and apprise them about their rights. The states and governments need to work towards bringing equality among men and women in their regions so as to uplift the conditions of the society and reduce violence and crimes taking place against women.

CONCLUSION

Honor killing is the most inhuman and irrational crime. Laws cannot do much to prevent it but it can only be prevented when there is a change in the mentality and mindset of the people and that is a difficult thing in a country like India where the caste, religion, gotra, clan, etc. matter more than the life. Laws can only punish the criminal but they cannot prevent the crime to happen, so it is very necessary for people to rise above the clouds of caste, religion, clan, etc. The real honor is in protecting the family members and being liberal and open minded in the approach towards life and not by being stringent in thoughts and attitude. Furthering the above discussions into workable propositions is necessary. Legal philosophy needs to address the issues that are raised in the above discussions. Laws should first start with removing the constraints imposed on men and women by the society. It is necessary to tackle individual cases of injustices, instead of laying down homogenized rules for men and women. As depicted earlier, law reforms directed towards bringing women at par with men has not yielded much success. Individuals should be at the core of law reforms. Laws should enable the creation of social institutions and social conditions conducive for everyone to make autonomous choices. Raising the number of women members in parliament will help in reducing paternalistic laws and ensure autonomy to women in deciding for themselves. This will ensure women-friendly laws. Social engineering is required for the removal of social conditioning. Conscious measures need to be adopted to break free of social conditioning. Having gender neutral laws, promoting gender-neutral values and gender-neutral institutions will go a long way in getting rid of gendered roles for men and women alike.