Women all
over the world, whether they’re married, single (or taken!) are entitled to be
considered equal to men and given due respect wherever they go. But, the
practice of women changing their last names after marriage and getting
addressed as Mrs., is still very much prevalent and is regarded as something
obvious. This is a traditional practice and is not questioned by anyone. Of
course, this practice isn't harmful like the Sati or Polygamy. But, it does
create a sense of gender inequality and female inferiority. Why should a woman
always be the daughter of XYZ or the wife of ABC? Why can’t she be herself?
We should
also note the fact that it isn't illegal to call a married woman Miss. , and there are
many women who keep their titles even after their marriage. It’s really
important to understand that all women are free to choose what they want to be
called.
For a woman to be treated with respect by others, she should
first learn to respect herself. Women should maintain their dignity and prove
that they aren’t dependent on men and have full rights and pluck to live alone.
Here are
certain constitutional rights provided to all Indian women:
CONSTITUTIONAL PROVISIONS
The
Constitution of India not only grants equality to women but also empowers the
State to adopt measures of positive discrimination in favor of women for
neutralizing the cumulative socio economic, education and political
disadvantages faced by them. Fundamental Rights, among others, ensure
equality before the law and equal protection of law; prohibits discrimination
against any citizen on grounds of religion, race, caste, sex or place of birth,
and guarantee equality of opportunity to all citizens in matters relating to
employment.
Constitutional Privileges
(i) Equality before law for women (Article 14)
(ii) The State not to discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them.
(iii) The State to make any
special provision in favor of women and children.
(iv) Equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State.
(v) The State to direct its policy towards securing for
men and women equally the right to an adequate means
of livelihood and equal pay for
equal work for both men and women.
(x) To promote harmony
and the spirit of common brotherhood amongst all the people of India and to
renounce practices derogatory to the dignity of women.
(xi) Not less than one-third
(including the number of seats reserved for women belonging to the Scheduled Castes and
the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat to be reserved for women and such seats
to be allotted by rotation to different constituencies in a Panchayat .
(xii) Not less than one- third of the
total number of offices of Chairpersons in the Panchayats at each level to be reserved for women.
(ix) Not less than one-third (including the number of
seats reserved for women belonging to the Scheduled Castes and
the Scheduled Tribes) of the total number of seats to be filled by direct
election in everyMunicipality to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Municipality.
(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled
Tribes and women in such manner as the legislature of a
State may by law provide.
To uphold the
Constitutional mandate, the State has enacted various legislative measures
intended to ensure equal rights, to counter social discrimination and various
forms of violence and atrocities and to provide support services especially to
working women.
Although women
may be victims of any of the crimes such as ‘Murder’, ‘Robbery’, ‘Cheating’
etc, the crimes, which are directed specifically against women, are
characterized as ‘Crime against Women’. These are broadly classified under two
categories.
(1)
The Crimes Identified Under the Indian Penal Code (IPC)
Rape
for different purposes
Homicide
for Dowry, Dowry Deaths or their attempts
Torture,
both mental and physical
Molestation
< Sexual
Harassment
Importation
of girls (up to 21 years of age)
(2) The Crimes identified under the Special Laws (SLL)
Although all
laws are not gender specific, the provisions of law affecting women
significantly have been reviewed periodically and amendments carried out to
keep pace with the emerging requirements. Some acts which have special
provisions to safeguard women and their interests are:
(i) The
Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv)The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv)The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
3. SPECIAL INITIATIVES FOR WOMEN
(i) National Commission for Women
In January
1992, the Government set-up this statutory body with a specific mandate to
study and monitor all matters relating to the constitutional and legal
safeguards provided for women, review the existing legislation to suggest
amendments wherever necessary, etc.
(ii) Reservation for Women in Local
Self -Government
The 73rd Constitutional Amendment Acts passed in
1992 by Parliament ensure one-third of the total seats for women in all elected
offices in local bodies whether in rural areas or urban areas.
(iii) The National Plan of Action for
the Girl Child (1991-2000)
The plan of
Action is to ensure survival, protection and development of the girl child with
the ultimate objective of building up a better future for the girl child.
(iv) National Policy for the
Empowerment of Women, 2001
The Department
of Women & Child Development in the Ministry of Human Resource Development
has prepared a “National Policy for the Empowerment of Women” in the year 2001. The goal of this
policy is to bring about the advancement, development and empowerment of women.
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