Changing of Law with respect to women

1. Introduction

Just as a bird cant fly with one wing, therefore women cant not be left behind in any cases.

Legally expressing a statement in my own words, a woman is considered a woman after her childhood and adolescence, which means that a girl is essentially a woman after having gone through her youth. The government of India has proceeded laws to give women the same status in our country and protect their lives from multiple acts of violence and crime. The Constitution of India offers Indian citizens fundamental rights and duties. All citizens of this country also have these rights and obligations. There will the laws for the women also for arresting them if they are wrong and to be admired by the Women Police. Our country have 1248 laws in total which is considered to be the largest number of laws, among 1248 laws many laws are being made for the benefit of the women. The Constitution and the different Acts passed by the Union Governments and the states give special protection to women, aware of their weak position. In spite of all these pieces of legislation loaded in favour of women, their condition is improving only at a snails pace. This all concerns I will be covering in the whole article.

2. Changes Brought with respect to Women

In todays modern world, nowadays there are several companies, jobs, armed forces hiring women on a large scale so that they can become independent. Women started attending school and this brought a change in Indias education and economic development. In urban India, girls are nearly on a par with boys in terms of education. However, in rural India, girls continue to be less educated than boys. Bases on the educational background, men with a bachelor's degree earned on average 16 percent higher median wages than women in years 2015, 2016 and 2017, while master's degree holders experience even higher pay gap. Men with a four- or five-year degree or the equivalent of a master's degree have on average earned 33.7 percent higher median wages than women. While India passed the Equal Remuneration Act in 1976, which prohibits discrimination in remuneration on grounds of sex. But in practice, the disparity still exist. Women started owning businesses and one of the popular story is of Shri Mahila Griha Udyog Lijjat Papad. In most Indian families, women do not own any property in their own names, and do not get a share of parental property. Due to weak enforcement of laws protecting them, women continue to have little access to land and property. Women doesnt get proper justice in the terms of parental property as Act passed in 2005, that their will be equal distribution of the parental property among all the childrens.

2.1 Violence and laws related to women LEGAL PROVISIONS:

Dowry Prohibition Act, 1961

The purpose of this Act is to prevent the giving or taking of dowry. It not only penalizes this act but also makes the act of demanding dowry an offence.

The Medical Termination of Pregnancy Act, 1971

This Act provides for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto.

The Hindu Succession Act, 1956 with amendment in 2005

This Act provided for equal inheritance rights to women for the first time. It abolished the concept of limited estate of women.

The Protection of Women from Domestic Violence Act, 2005

Domestic Violence Act meant to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

The Commission of Sati (Prevention) Act 1987

Its object is to prevent the practice of Sati and the glorification of such an act. An attempt to commit Sati is also punishable under certain circumstances.

3. Fundamental rights to improve the status of the women

There are several articles which are mend to improve the status of women are mentioned below:

1. Article 15 of the Indian Constitution:

Under this article it entitled the prohibition of discrimination, it prohibits the state from discrimination any citizens including women, on the basis of gender, caste, race, sex, socio-economic origin, etc. It states that all the citizens of India including women has the right to enjoy the same rights.

2. Article 16 of the Indian Constitution:

Under this article it mentions that all the citizens including women have the equal opportunities in the public employment irrespective of its gender, race, caste, sex, socio-economic origin, etc.

3. Article 17 of the Indian Constitution:

Under this article, the system of untouchability was abolished, and the Parliament has passed the Untouchability (Criminal Offenses) Act in 1955. The law was amended by the Untouchability (Criminal Offenses) Amendment Act of 1976 to make the law stricter and eliminate the untouchability of society.

3.1 INITIATIVES THAT MUST BE TAKEN FOR THE WOMEN:

National Commission for women.

Reservation for women in self-local government.

National Policy for the empowerment of women, 2001.

CASE LAWS:

Nirbhaya Case - Amendment: Juvenile Justice Act of 2000.

Shah Bano Begum vs Muhammad Ahmed Khan - Amendment: Section 125 of Criminal Procedure Code 1973.

KM Nanavati vs State of Maharashtra - Impact: If Jury could be influenced, thereby abolish the jury system i.e. suspension of jury trial. Mathura - Amendment: The Criminal Law Act, 1983.

4. Some Women Rights Related to Arrest

According to National Human Rights Commission guidelines on arrest, As far as practicable, women police officers should be associated where women are arrested that too, arrest of women between sunset or sunrise should be avoided according to article 499 500 under Indian Penal Code 1872. According to article 51(2) when it is necessary to cause a female to be searched, the search shall be by another female with strict regard to decency. Body searches of females should only be carried out by women and with strict regard to decency. Women should be guarded by female constables/police officers. They must be questioned in the presence of group of the policewomen.

Conclusion

Women play many roles in their lives, that of a daughter, sister, wife, daughter-inlaw, mother, friend, colleague and the list is never ending. The change in the laws relating to women and the legal status of women in India has evolved. Women of today are ready to take part in politics, military sector, sports, economic service, technology sector, etc. With the change in womens attitude and also the crime they face, there has been changes in Indian legal system.

The government has put together many schemes especially for the empowerment of women. Many seats are reserved in parliament to encourage women participation. Education of girls is made free and compulsory in government schools to encourage women to join different institutions and render their valuable services. Our armed forces have seen a rise in women enrollment.

Reference

[1]The Constitution of India,available athttps://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf.

[2]Researched by Author.

[3]Preeti Narula,Role of Women in Society, available athttps://fairgaze.com/interested-article/role-of-women-in-society.htm.

[4]Sandra Day OConnor,The Legal Status of Women: The Journey toward Equality,available athttps://www.jstor.org/stable/1051513.

[5]SeeTable 5(A) Crime Head-wise Cases Registered under Crime against Women during 2011 2015 and Percentage Variation in 2015 over 2014,available athttps://ncrb.gov.in/sites/default/files/Compendium/Compendium-15.11.16.pdf.

[6]All India Democratic Womens Association. Gender-Just Laws.

[7Why India Needs the Womens Reservation Bill,available athttps://www.oxfamindia.org/policybrief/why-india-needs-womens-%20reservation-bill.

[8]Belinda Goldsmith Meka Beresford,Exclusive: India Most Dangerous Country for Women with Sexual Violence Rife Global Poll,available athttps://www.reuters.com/article/us-women-dangerous-poll-exclusive/exclusive-india-most-dangerous-country-for-women-with-sexual-violence-rife-global-poll-idUSKBN1JM01X?utm_campaign=trueAnthem:+Trending+Contentutm_content=5b31dd8e04d30167db615da4utm_medium=trueAnthemutm_source=twitter.

9]Part 3 Constitution of India: Fundamental Rights,available athttps://www.latestlaws.com/bare-acts/central-acts-rules/coi-part-3-fundamental-rights/.