Women Rights Issues

Protection to Women Under Indian Constitution & Criminal Law (Under Indian Constitution Law and Criminal Procedure Code)

Violence against women is present in every country, cutting across boundaries of culture, class, Education, income, ethnicity and age. Since time immemorial India is · particularly a male dominated Society and prevalence of illiteracy among women has resulted in wide spread violence against women. Therefore, Indian women like women world over have suffered from domestic violence like purdah system, satipratha, Female feoticide, Female infanticide, different kinds of physical, emotional and mental abuse, dowry death, cruelty, polygamy etc. In India, family is considered to be a sacred institution and it acts as a source of furtherance of mental, social and spiritual well being of its members. Family creates Bonds and a sense of belonging and stability of relation among its members which is now weakening because today domestic violence has been identified as a major cause of injuries to women in India.

Constitutional provisions

The Articles under Part III of the constitution of India relating to the Fundamental Rights which try to uplift the status of women and provide equal 130 opportunities for women irrespective of sex are stated below :

ARTICLE 14 of the Constitution

All persons including women are equal in the eyes of the law and they are also entitled to enjoy equal protection of laws within the territorial jurisdiction of India It signifies that all persons irrespective of sex should be treated equally in similar circumstances. In other words, the State should not make any discrimination between one person and another, and amongst equals the law should be administered equally.

Article 15 of the Constitution

It deals with Prohibition against discrimination. It prohibits the state to make any discrimination against any citizen including women on grounds of race, caste, sex, religion, place of birth etc. It states that all citizens irrespective of race, caste, sex etc. are entitled to enjoy equal rights in regard to access to shops, hotels, bathing ghats etc. But the state has the right to make any special provisions for women and children and also for the scheduled castes and the scheduled tribes.

Article 16 of the Constitution

All citizens including women will enjoy Equality of opportunity in matters of public EMPLOYMENT irrespective of their sex, races, castes, religions etc.

To prevent immoral traffic in Women and Girlchild Article 23 of the Constitution – It prohibits the traffic in human-being and forced labour. In pursuance of this Article, Parliament has passed the Suppression of Immoral Traffic in women and Girls Act, 1956 which is now renamed as “The immoral Traffic (Prevention) Act 1956” for punishing the actions which result in traffic in human beings.

According to Article 39 of the Constitution of India, the State shall direct its policy towards securing – (a) that the citizen, ·men and women shall equally have the right to an adequate means of livelihood, and (b) that there is equal pay for equal work for both men and women.

Article 42 of the Constitution of India states that, the State shall make provision ·for securing just and human conditions of work and for maternity relief.

Criminal laws related to domestic violence

The incidents of domestic violence against women have been increasing over the years. Women are subjected to violences like cruelty by husband and his relatives, · dowrydeath, grievous hurt, murder, marital rape by husband etc. There aie some criminal laws in India dealing with domestic violence cases which are stated below :

Indian penal code

The criminal law in India is contained primarily in the Indian penal code, 1860 (I.P.C). The I.P,C is supplemented by special laws, which define and punish specific offences. There are some sections in Indian penal code, 1860 which deals with different domestic violences.

In the case of domestiC violence, Culpable homicide amounts to murder, ‘ . unless it is committed without premeditation in a sudden fight or in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Therefore, culpable homicide is murder, if any act of the husband by which the death of a victim woman is caused is done with the intention of causing death, or, if it is done with the intention of causing such bodily injury as the husband of the victim woman knows that it might cause death of his wife. As for example – If any husband shoots his wife with the intention of killing her and the woman dies in consequence. Then the husband of that woman commits murder. Some other ipc provisions are as follows:

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)

Provisions under code of criminal procedure ( Crpc)

Right to Privacy while recording statement- Under section 164 of CrPC, a woman who has been raped can record her statement before District Magistrate when the case is under trial and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is no crowded and does not provide any possibility of the statement being overheard by the third person.

Police can’t say no- A rape victim can register her complaint from any police station under Zero FIR ruling by The Supreme Court. Sometimes, the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station under the provision of Zero FIR. Search by another Women only- Under section 51(2) of CrPC, when an accused is a woman another woman should make search with strict regard to decency.

Opportunity to come out of the house- Section 47(2) CrPC says, if the accused hides in the house of a female who according to custom does not appear in public, the police cannot enter the house or break the house open unless notice is given to such female to withdraw and give her reasonable facility to withdraw herself.

Medical Examination by a female practitioner- Under section 53(2) CrPC, when a person to be examined medically is female, then the examination shall be made only by or under the supervision of female registered medical practitioner.

Attendance cannot be required at any other place- Section 160 CrPC protects women saying that no woman shall be required to attend any place other than a place in which she resides. Hence, a police officer cannot require the attendance of a woman, but on the contrary, he has to go to the place where she resides for making an investigation and can interrogate in the presence of a woman constable and family members or friends.

No arrests after sunset- Because to concerns of violation of the rights of women, section 46(4) provides that forbids the arrest of women after sunset and before sunrise, except in exceptional circumstances, in which case the arrest can be done by a woman police officer after making a written report and obtaining a prior permission from the concerned Judicial Magistrate of First class.,

Women’s rights are Human Rights. They are fundamental to the achievement of equality, development and peace. Women’s rights are essential for the enjoyment of all human rights and fundamental freedoms.

Women’s rights are violated every day in every corner of the world. Women and girls are denied their rights to education, Health, employment, and participation in decision-making. They are subjected to violence, discrimination, and abuse.

The women’s rights movement is a global movement that works to promote and protect the rights of women and girls. The movement has achieved significant progress in recent decades, but there is still much work to be done.

One of the most important issues facing women’s rights is violence against women. Violence against women is a global pandemic that affects one in three women in their lifetime. It takes many forms, including physical, sexual, and emotional violence. Violence against women has devastating consequences for women’s health, well-being, and economic security.

Another important issue facing women’s rights is discrimination in the workplace. Women are paid less than men for the same work, and they are often held back from Leadership positions. Women are also more likely to be unemployed than men.

Women’s rights are essential for the achievement of Sustainable Development. When women are empowered, they are more likely to participate in decision-making, to have access to education and health care, and to earn an income. This leads to stronger economies and more peaceful societies.

The women’s rights movement is a powerful force for change. It has achieved significant progress in recent decades, and it will continue to fight for the rights of women and girls around the world.

Here are some specific examples of how women’s rights are violated around the world:

In some countries, women are not allowed to leave their homes without a male guardian.
In some countries, women are not allowed to drive or own property.
In some countries, women are forced to marry against their will.
In some countries, women are subjected to female genital mutilation.
In some countries, women are victims of domestic violence.
In some countries, women are trafficked for sexual exploitation.

These are just a few examples of the many ways in which women’s rights are violated around the world. It is important to remember that these violations are not just happening in far-off countries. They are happening in our own backyards.

We can all play a role in promoting and protecting women’s rights. We can educate ourselves about the issues. We can support organizations that are working to advance women’s rights. And we can speak out against injustice whenever we see it.

Together, we can make a difference.

Here are some frequently asked questions and short answers about women’s rights issues:

What are women’s rights?
Women’s rights are human rights that are based on the principle of equality between women and men. They include the right to life, Liberty, and security of person; the right to freedom from discrimination; the right to equal protection of the law; the right to freedom from violence; the right to education; the right to work; the right to health; the right to participate in decision-making; and the right to an adequate standard of living.
What are some of the key issues facing women’s rights today?
Some of the key issues facing women’s rights today include violence against women, discrimination in the workplace, and lack of access to education and healthcare.
What can be done to promote women’s rights?
There are many things that can be done to promote women’s rights, including:
Raising awareness of women’s rights issues
Advocating for change at the local, national, and international levels
Supporting organizations that work to promote women’s rights
Holding governments accountable for their commitments to women’s rights
Educating girls and women about their rights
Providing economic opportunities for women
Ending violence against women
What are some of the successes that have been achieved in the fight for women’s rights?
There have been many successes in the fight for women’s rights, including:
The adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979
The Beijing Declaration and Platform for Action, adopted at the Fourth World Conference on Women in 1995
The Sustainable Development Goals, which include a goal on Gender Equality and Empowerment of women
The appointment of the first female Secretary-General of the United Nations
The election of more women to political office
The passage of laws that protect women’s rights
The increase in women’s participation in the workforce
The decrease in maternal mortality rates
The increase in girls’ enrollment in school
What are some of the challenges that remain in the fight for women’s rights?
Some of the challenges that remain in the fight for women’s rights include:
Violence against women
Discrimination in the workplace
Lack of access to education and healthcare
POVERTY
Lack of representation in decision-making
Conflict and displacement
Lack of access to Justice
What can you do to help promote women’s rights?
There are many things you can do to help promote women’s rights, including:
Learn about women’s rights issues
Talk to your friends and family about women’s rights
Support organizations that work to promote women’s rights
Contact your elected officials and urge them to support policies that promote women’s rights
Volunteer your time or donate Money to organizations that work to promote women’s rights
Speak out against violence against women
Stand up for women’s rights in your community

Women’s rights are human rights. We all have a role to play in promoting and protecting them.

Sure, here are some multiple choice questions about the topics of gender equality, women’s rights, and feminism:

Which of the following is not a goal of the feminist movement?
(A) To achieve equality for women in all areas of life
(B) To end discrimination against women
(C) To ensure that women have equal access to education and employment
(D) To promote traditional gender roles
Which of the following is a common form of discrimination against women?
(A) Sexual harassment
(B) Domestic violence
(C) Workplace discrimination
(D) All of the above
Which of the following is a major obstacle to women’s empowerment?
(A) Lack of education
(B) Lack of economic opportunities
(C) Lack of political representation
(D) All of the above
Which of the following is a positive development for women’s rights in recent years?
(A) The passage of the Equal Pay Act of 1963
(B) The election of Hillary Clinton as the first female president of the United States
(C) The passage of the Violence Against Women Act of 1994
(D) All of the above
Which of the following is a challenge that women’s rights activists continue to face?
(A) The persistence of gender stereotypes
(B) The prevalence of violence against women
(C) The lack of representation of women in leadership positions
(D) All of the above

I hope these questions were helpful in Learning more about the topics of gender equality, women’s rights, and feminism.