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November 21, 2010

Navjot Singh Sidhu In Aap Ki Adalat Part 2

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JATIN GARG: PATIALA, PUNJAB, India; i can say a song 4 me-- "mein aisa kyun hun ,,mein vaisa kyun hun,,,,mein jaisa hun mein mein vaisa kyun hun" complicated person who create problems for himself,,,den become sad coz f dese problems,,,,den conquer dem n den forget dem,,, i dont like nebody's company,,,i like to live alone,,,dat i think is the best quality f me.... dreams high from very childhood,,,efforts less,,,,yet achieving the drems step by step,,, last but not the least,,,casual in approach,,,,

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Human Rights

‘Human Rights of Women in Indian Society’

3/6/2011

Ravneet kaur Bedi & Jatin Garg[1]

‘Human Rights of Women in Indian Society’

Introduction & Status of Women in different Human Societies

Whether it is developed, developing or under developed society, women occupy a unique position. In almost, all the present and contemporary societies, it is discriminatory and prejudicial. Nearly, all human societies in different parts of the world are male dominated. Males are active part and the females only passive part of the different society. They do not enjoy the same privileges as enjoyed by the males. All through the ages the rights of the women have been violated in one way or the other. There has been no practical equality between man and woman in any society. Even under Mohammedan texts of theology and Shariat, women are half of the males in status. The constitution of India has discarded all sex discriminations and sex equality and liberty has been made a fundamental right and the states are directed to remove all sex inequalities and impediments to their personal liberty. But does this really works is a big question. Women suffer the full range of human rights violations known to the modern world. Women and girl-children also face human rights violations solely or primarily because of their sex.In the present scenario, the rights of the women, rather we should say the human rights of the women, needs to be protected. Human rights may be defined as the rights and freedom that every person on the earth are entitled to enjoy viz. right to social security, right to equality, right of life, liberty and security of persons, etc. without distinction of any kind. Thus they are said to be those rights which every man or woman inhabiting any part of the world should be entitled to by virtue of having been born a human being. Human rights are commonly understood as being those rights that are inherent to all human beings. The concept of human rights acknowledges that each individual is entitled to enjoy his or her rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Basic to human beings is the concept of non discrimination and equality of treatment. Every woman and girl is entitled to the realization of all human rights -- civil, political, economic, social and cultural -- on equal terms with men, free from discrimination. Women and girls also enjoy certain human rights specifically linked to their status as women. But how can this protection are ensured. For that to happen we need to take some stern steps regarding the safe and sound life of the women. However, we are faced with so many problems so we first have to eliminate those problems and only then we can expect some fruitful changes in the working of the society.

In United Nations terminology, problems concerning the human rights of women are often subsumed under the terms of status of women. Unequal status of women often results from gender discrimination. Human rights terminology embodies the demand that the unequal status of women be addressed as a violation of their rights, as a breach of the obligation of the government to guarantee equal rights to all. What is particularly striking is that women are either assumed to be attached to men, or are ignored completely altogether, that is they are not analyzed as a social group in their own right. Those who suggest that women’s status improves with economic development, frequently fail to take into account the widespread structures of patriarchy, which keeps women in subordinate position.What women do and are expected to do vary, of course with economy, climate, political or religious ideologies and culture, but there is throughout the world a core of common tasks which women everywhere are required to perform. These include cooking on everyday basis, housework (sleeping, cleaning), care of small children. In addition to these services and management tasks, a rural production of a significant proportion of the household economic resources, whether there is production of crops for food, care of herds, etc. In spite of women’s obvious contribution to the maintenance of the household, there may be no necessary correlation with women’s status in the household or in the society. In short, although women play a crucial role in every sphere of social life, yet there participation is not valued. Further, women are often used instrumentally existing in conditions of manipulation and at times even degradation. There are different roles played by a woman in her daily life. These roles though are quite important for the smooth running of the society, however they are not valued.Women represent half of the global population and one-third of the work force; they receive only one-tenth of the global income and less than one percent of world property, and does two-thirds of all working hours. Still, day in and day out, our conscience is shocked by news of the violation of human rights. The gender gap seems to be increasing. One can just think, the way the girls and boys grow up in their childhood. The reality of the Indian families is that boys are brought up to be served, girls to serve. Boys are princes in the family, girls maids in the scullery. In fact, women constantly suffer from discrimination in all fields of her life before and after coming on this earth. “We have to free half of the human race, the women, so that they can help to free the other half,” by Emmeline Pankhurst.In recent years women’s position is worsening as there is an alarming increase of dowry deaths, sexual violence and harassment of women, which reveals a large scale societal breakdown. With the exception of some gains in the field of education, women are still found in least paid jobs, long working hours and bearing full responsibility for the home also by fetching water and fuel, by doing work in family production units, without being paid for labour, by bringing up children and looking after the sick and the aged. She does lots of thankless jobs silently. Women Workers

There are lots of issues which need to be dealt with in order to safeguard the human rights of the women. Such as women are often throughout the world are denied human rights in the labour with no effective redress. Governments turn a blind eye to illegal practices and enact and enforce discriminatory laws. Corporations and private individuals engage in abusive practices without fear of official condemnation or sanction. For example, job advertisements in India often specify “man” among the requirements for work in business and other agencies and employers often deny women employment based on age and marital status and family status. Even today in many parts of the world, women are subject to partiality or prejudices. South African farm owners deny black women farm workers legal contracts, pay them less than men for similar work, and deny them maternity benefits. Private manufacturing companies in Mexico and Dominican Republic routinely oblige female job and deny work to pregnant women. Women are often the last chosen for retaining programs and the first to be fired, particularly in economic recessions. Sexual harassment and violence in the workplace are common and constant threats to working women’s lives and livelihoods. Women migrant workers in Malaysia and Saudi Arabia are especially vulnerable to abuse, including trafficking and forced labour. Domestic Violence

Then there comes the issue of domestic violence. Domestic violence is one of the most under-reported crimes. Violence directed against women by their intimate partners (current or former spouses, boyfriends, dating partners) is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, children, families and communities around the world. Problem with domestic violence is that it is not even considered as abuse in many parts of the world especially certain parts of Asia, Africa and Middle East. It is viewed as “doing the needful”. Domestic violence could be in form of emotional harassment, physical injury or psychological abuse perpetrated by one of the family members to another. It is a worldwide phenomenon mainly targeting women. The acts of violence have terrible negative impact on women. It is also an infringement of women’s rights and can be safely termed as human rights abuse. The problematic aspect is cases of domestic violence are very rarely reported. They are considered as “internal” or “family” matters which should be better resolved within the boundaries of the house. But how could incidents of tortures, threats, intimidation and violence could be termed as internal matters? As mentioned earlier, the majority of the victims are women but children are also made to suffer silently. They are abused and neglected. Their innocent minds are adversely affected with the incidents of domestic violence.According to a report by World Health Organization (WHO), sexual trafficking, female feticide, dowry death, public humiliation and physical torture are some of the most common forms of domestic violence against Indian women. Such acts belie our growth and claim as an economic superpower. It is ironic that we claim to be one of the most rapidly advancing countries in the world and yet we have done hardly anything of note against social hazards like domestic violence which are a grave danger to the human rights of the women and leave them with little hope of survival in this world which seems to be full of adversities to them. Unremedied domestic violence essentially denies women equality before the law and reinforces their subordinate social status. Men use domestic violence to diminish women’s autonomy and sense of self worth. Abandoned Young Widows

This group of human society is the product of our ugly, irrational and disdainful custom which needs immediate and active attention of state and people at large so that right to live with human dignity and to realize the worth of human person is not denied. It is really shocking and nerve-racking that in our so claimed modern and civilized society still we believe in not seeing the face of a young widow by beginning the day’s routine. Even today she is entitled to have less nutritious and half-belly food, and residence in a lonely room generally provided in the back of the house. This group of human society is inhumanly denied its basic human rights. Not only that she is having any role in the social life, but also she is denied of religious duties. It is interesting to note that women in the capacity of wife will be sitting near husband in certain religious ceremonies such as the time of the marriage, at the marriage of her children and at time of festivals. After the death of her husband, as a widow, her condition as regard religion becomes materially changed.Further separated or divorced women are socially unacceptable and remarriage to such women are also quite impossible. Human rights are rights an individual has merely by being human. It could be defined as a God given right, by the reason of the fact that one is born. Such rights are not assigned to humans by any man or government and same way no man or government could decide to extinguish such rights. A widow is a human being and thus have such rights and the mere fact of being a widow does not mean those rights would be extinguished. A widow's right to dignity of human person must not be violated through harmful widowhood practices. There are widowhood practices that destroy the dignity, self esteem and self worth of a widow. Same as in right to life, this right is protected under national, regional and international human rights instruments and national laws. For instance among some Igbo communities of Nigeria, a woman passes through some negative practices upon the death of her husband to prove her innocence. A widow was made to drink from the water used in washing up the body of her deceased husband; she was made to eat a lobe of kola nut from the palm of her late husband. All these were degrading and inhumane and this widow's dignity was violated. Incidents of this nature happen often.When a widow is childless, she is in most cases evicted from her matrimonial home based on the fact that she did not have children for her late husband. Childless widows face very traumatic situations; even the widows with only female children also face very harsh conditions, as female children are not entitled to inherit as their male counterparts. Widows are stigmatized by society not only in India, but across the globe. Worldwide, every day, about 100 million widows and their children are ostracized, exploited, and harassed by the societies they live in. for these widows, widowhood means the denial of basic human rights. The Victims of the Deadly Dowry Dowry is the payment in cash or kind by the bride’s family to the bridegroom’s family along with the giving away of the bride (called Kanyadana). In Indian Hindu Marriage it is an important part of Hindu marital rites. Kanya means daughter and Dana means gift. Dowry originated in Upper caste families as the wedding gift to the bride to the bride from her family. But then a time came when giving dowry was no longer giving a gift, rather it became an obligation. The bridegroom often demands a dowry consisting of a large sum of money, furniture and electronic goods. The most severe of this fall-out is the “bride burning”. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide.

The problem is more disturbing and challenging in the rural areas and villages. In fact today dowry has become a major element of settling a marriage or even the only condition of letting the marriage go on. When a marriage is fixed no one is concern as to how smart, intelligent, and homely the girl is but all that matters is how much cash and luxuries will she get home. Is this the cause God created women? If not then why are women ill-treated and why is there innocence being buried under deep stacks of cash notes? Who will talk about their human rights (in case they are considered to have any of the human rights)? And not only their human rights but also the people related to her who are going to suffer because of her sufferings. On a whole the human rights of a bride being ridiculed during the unnecessary demands of dowry are rubbed under the feet of the violators.

Child Marriage leading to violation of Human Rights Child marriage is a violation of human rights which is a practice in which the parents of a child arrange a marriage with another child or an adult. In most cases young girls get married off to significantly older men when they are still children. Child marriages must be viewed within a context of force and coercion, involving pressure and emotional blackmail, and children that lack the choice or capacity to give their full consent. Child marriage must therefore always be considered forced marriage because valid consent is absent-and often considered unnecessary. Child marriage is common practice in Niger, Chad, Mall, Bangladesh, Guinea, Burkina Faso, Central African Republic, Mozambique, Nepal, Uganda and Cameroon, where over 50% of girls are married by the age of 18. More than 30% of girls are married by the age of 18 in another eighteen countries, mostly in Asia and Africa. Poverty, protection of girls, fear of loss of virginity before marriage and related family honour, and the provision of stability during unstable social periods are suggested as significant factors in determining a girl's risk of becoming married as a child.

Young girls who get married will most likely be forced into having sexual intercourse with their, usually much older, husbands. This has severe negative health consequences as the girl is often not psychologically, physically and sexually mature. Child brides are likely to become pregnant at an early age and there is a strong correlation between the age of a mother and maternal mortality and morbidity. Girls aged 10-14 are five times more likely to die in pregnancy or childbirth than women aged 20-24 and girls aged 15-19 are twice as likely to die. The body of a young girl is not yet ready for pregnancy and childbirth, which leads to complications.

According to a report issued by the United Nations, these early marriage unions violate the basic human rights of these girls by putting them into a life of isolation, service, lack of education, health problems, and abuse. The UNICEF paper states: "UNICEF believes that, because marriage under the age of 18 may threaten a child's human rights (including the right to education, leisure, good health, freedom of expression, and freedom from discrimination), the best way to ensure the protection of children's rights is to set a minimum age limit of 18 for marriage. UNICEF is opposed to forced marriages at any age, where the notion of consent is non-existent and the views of bride or groom are ignored, particularly when those involved are under age.”

Health and Human RightsPromoting and protecting health and respecting, protecting and fulfilling human rights are inextricably linked, and every country in the world is now party to at least one human rights treaty that addresses health-related rights and the conditions necessary for health. The United Nations Universal Declaration of Human Rights recognizes that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.”

The women must be ensured a reasonably decent standard of life, medical aid. It has been unhesitatingly expressed that the health of women workers enables them to enjoy the fruit of their labour. Right to health to women was an integral fact of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which women lead life of misery. But there exists a deadly link between women’s rights abuses and the spread of HIV/AIDS is slowly gaining recognition, but not before millions of women lost their lives to the disease. Evidence indicates that women especially at risk are those in a heterosexual marriage or long-term union in a society where men commonly engage in sex outside the union and women confront abuse if they demand condom use. Women living with AIDS confront not only stigma, but also the deprivations caused by violations of their rights. Relative to the scale and severity of this, laws, policies and programs to combat HIV/AIDS by protecting the rights of women and girls are negligible.

“Whether women are better than men I cannot say - but I can say they are certainly no worse,” by Golda Meir. This statement clearly states that because women are considered lower than the man, that is the reason why they are only considered as sex objects and nothing more as such.

The relationship between abuses of women’s rights and their vulnerability to AIDS is acutely clear in Africa, where 58 percent of those infected with HIV are women. In Uganda, domestic violence prevents women from freely accessing HIV/AIDS information, from negotiating condom use, and from resisting unprotected sex with an HIV-positive partner, yet the government has failed to take any meaningful steps to prevent and punish such abuses. Entrenched gender inequality also compounds the discrimination suffered by people living with HIV/AIDS in other regions. In Latin America and the Caribbean- the region with the second highest HIV prevalence after sub- Saharan African women increasingly constitute the majority of those newly infected. Even so, the government in the Dominican Republic, for example, has failed to take women’s rights violations seriously in HIV/AIDS prevention plans. Women are illegally subjected to HIV testing without informed consent, and those who test positive are routinely fired and denied public healthcare. In addition, public health professionals routinely reveal HIV test results to women’s families without the tested individuals’ knowledge or consent, exposing them to violence and abuse.

Trafficking and Human Rights

Over the last years the need for a human rights approach to trafficking in human beings has been increasingly recognized. Human trafficking is both a cause and a consequence of human rights violations. Victims end up in slavery like situations. They face violence, abuse and exploitation. Gender discrimination, unemployment and domestic violence make especially women, children and other marginalized groups vulnerable for trafficking practices. Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the center of any measures taken to prevent and end trafficking.

Human trafficking is the ugliest face of human rights abuses of women and children. It is slavery of modern civilization that claims advanced. Human Trafficking destroys the lives of women and children around the world. Sex-trade workers are victims of human trafficking. The UN estimates that more than 2.4 million people are currently victims of violence after being trafficked. Human trafficking represents a serious violation of human rights and new kind of slavery. Trafficking of women and children in underdeveloped countries to developed countries is the most common sexual activity. Trafficking exist even in country Norway that claims its law prohibits all forms of trafficking in persons. Latest Norway state reports admit that women, and possibly children under 18 years of age, were trafficked to and in the Norway for commercial sexual exploitation.

It is said that the total annual benefits generated by the human trafficking is several billion dollars. It is the ugly face of modern civilization and the media remain silent on this issue, stressing and crying on isolated cases of violation of human rights in the country isolated and only on issues of free speech rights of man, speech and democracy. Human Rights Watch has exposed consistent patterns in the trafficking of women. In all cases, coercive tactics, including deception, fraud, intimidation, isolation, threat and use of physical force, or debt bondage, are used to control women. Many governments treat trafficked persons as illegal aliens, criminals or both exposing them to further abuse. For example Thai trafficking victims in Japan are regularly detained as illegal aliens and deported with a five year ban on reentering the country.

Can we stop the Human Rights Violations?Pandit Jawaharlal Nehru spoke on the upliftment of women in India, as follows:

“In order to awaken the people, it is the women who have to be wakened, once. They are on the move, the household moves, the village moves and the country moves.”

While the educated women have become conscious of their rights, the underprivileged and the uneducated women in India still face oppression and lack of relief. The National Commission for women in India seizes women’s causes of oppression and suppression of women are not attended to. Human rights reflect the moral conscience of the world and the highest common aspiration that everyone should live in liberty, free from want and fear. So, human rights can be seen as a global A vision backed by state obligations. The term 'human rights' refers to those rights that have been recognized by the global community and protected by international legal instruments. Consequently women world-wide continue to suffer violations of their rights. The causes and consequences may differ from country to country, but prejudices and discrimination against women continue to be widespread and involve the full range of human rights violations known to the modern world. But women and the girl child face additional human rights violations solely or primarily because of their sex. This fact is recognized at the highest levels of world leadership. The UN Secretary-General last year stated that the issue of women's and girl's rights remain a priority for the United Nations and the international community.

The subject of human rights touches upon every aspect of human endeavour and aspiration. Human rights are inherent. Every man, woman and child is entitled to enjoy his or her human rights simply by nature of being human. It is this UNIVERSALITY of human rights which distinguishes them from other types of rights such as citizenship or contractual rights. Despite many successes in empowering women, numerous issues still exist in all areas of life, ranging from the cultural, political to the economic. For example, women often work more than men, yet are paid less; gender discrimination affects girls and women throughout their lifetime; and women and girls are often are the ones that suffer the most poverty. Many may think that women’s rights are only an issue in countries where religion is law, such as many Muslim countries. Or even worse, some may think this is no longer an issue at all.

We always like to live in a world where all women feel safe, have an adequate standard of living and a decent home where they are not disadvantaged in the workplace because of their gender and where violence has no place. This is about respecting everyone, everyday and everywhere. It is each Government’s responsibility to ensure women’s human rights are respected, protected and fulfilled through policy, law and practice. Governments aim to reduce violations in the following ways:

(i)                 Creating laws that make human rights violations illegal.(ii)               Adopting policies and programs to ensure people have access to their human rights.(iii)             Ensuring that human rights are properly enforced, including providing resources and assistance, access to courts and appropriate punishment for violations and;(iv)             Providing education and awareness raising programs about human rights. Human rights define the value and worth of each person and their relationship to government and society. They identify standards regarding the quality of life that each of us can expect to enjoy. Human rights are inherent, inalienable and universal. Due to some social structures, traditions, stereotypes and attitudes about women and their role in society, women do not always have the opportunity and ability to access and enforce their rights in the same basis as men. There are some other measures as well:

(i)                 By providing proper reservations in politics and public life.(ii)               Working against the Trafficking and exploitation of prostitution.(iii)             Ensuring the education and training.(iv)             Ensuring the equal opportunity of employment.(v)               Measures to protect the health of women.(vi)             Improve the economic life and sport and culture.Taking into account these measures we can say that ensuring the human rights of women is not an easy job and this process has a long way to go. But we should not at any point of time leave our patience and understanding.

“The fight is not for women’s status but for human worth. The claim is not to end inequality of women but to restore Universal Justice”- Justice V.R. Krishna Iyer.

REFERENCESBooks:-1.   Gonsalves, Lina. Women and human rights. APH Publishing, 2008. Print.

2.       Kumar, Suresh. Human Rights: Concept Issues Emerging Problems. Regal Publications, 2007. Print.

3.       Bhuimali, Anil. Poverty and human rights of women. Delhi: 2005. Print.

4.       Chandra, Subhash. Social justice and human rights in India. 01. Serials Publications, 2006. Print.

5.       Chawla, Monica. Gender justice: women and law in India. 01. Deep and Deep Publications, 2006. Print.

6.       Bhuimali, Anil. Rights of Disabled Women And Children In India. Serials Publications, 2009. Print.

INTERNET SOURCES:-

1.

2.

3.

4.

5.

6.

[1] Students of Second Semester, BA.LLB (Hons.), Rajiv Gandhi National University of Law, Punjab, Patiala.

Human Rights of Women in Indian Society0

Human Rights of Women in Indian Society0

‘Human Rights of Women in Indian Society’

Ravneet kaur Bedi & Jatin Garg1

‘Human Rights of Women in Indian Society’

Introduction & Status of Women in different Human Societies

Whether it is developed, developing or under developed society, women occupy a unique position. In almost, all the present and contemporary societies, it is discriminatory and prejudicial. Nearly, all human societies in different parts of the world are male dominated. Males are active part and the females only passive part of the different society. They do not enjoy the same privileges as enjoyed by the males. All through the ages the rights of the women have been violated in one way or the other.
There has been no practical equality between man and woman in any society. Even under Mohammedan texts of theology and Shariat, women are half of the males in status. The constitution of India has discarded all sex discriminations and sex equality and liberty has been made a fundamental right and the states are directed to remove all sex inequalities and impediments to their personal liberty. But does this really works is a big question. Women suffer the full range of human rights violations known to the modern world. Women and girl-children also face human rights violations solely or primarily because of their sex.
In the present scenario, the rights of the women, rather we should say the human rights of the women, needs to be protected. Human rights may be defined as the rights and freedom that every person on the earth are entitled to enjoy viz. right to social security, right to equality, right of life, liberty and security of persons, etc. without distinction of any kind. Thus they are said to be those rights which every man or woman inhabiting any part of the world should be entitled to by virtue of having been born a human being. Human rights are commonly understood as being those rights that are inherent to all human beings. The concept of human rights acknowledges that each individual is entitled to enjoy his or her rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Basic to human beings is the concept of non discrimination and equality of treatment. Every woman and girl is entitled to the realization of all human rights -- civil, political, economic, social and cultural -- on equal terms with men, free from discrimination. Women and girls also enjoy certain human rights specifically linked to their status as women. But how can this protection are ensured. For that to happen we need to take some stern steps regarding the safe and sound life of the women. However, we are faced with so many problems so we first have to eliminate those problems and only then we can expect some fruitful changes in the working of the society.
In United Nations terminology, problems concerning the human rights of women are often subsumed under the terms of status of women. Unequal status of women often results from gender discrimination. Human rights terminology embodies the demand that the unequal status of women be addressed as a violation of their rights, as a breach of the obligation of the government to guarantee equal rights to all. What is particularly striking is that women are either assumed to be attached to men, or are ignored completely altogether, that is they are not analyzed as a social group in their own right. Those who suggest that women’s status improves with economic development, frequently fail to take into account the widespread structures of patriarchy, which keeps women in subordinate position.
What women do and are expected to do vary, of course with economy, climate, political or religious ideologies and culture, but there is throughout the world a core of common tasks which women everywhere are required to perform. These include cooking on everyday basis, housework (sleeping, cleaning), care of small children. In addition to these services and management tasks, a rural production of a significant proportion of the household economic resources, whether there is production of crops for food, care of herds, etc. In spite of women’s obvious contribution to the maintenance of the household, there may be no necessary correlation with women’s status in the household or in the society. In short, although women play a crucial role in every sphere of social life, yet there participation is not valued. Further, women are often used instrumentally existing in conditions of manipulation and at times even degradation. There are different roles played by a woman in her daily life. These roles though are quite important for the smooth running of the society, however they are not valued.
Women represent half of the global population and one-third of the work force; they receive only one-tenth of the global income and less than one percent of world property, and does two-thirds of all working hours. Still, day in and day out, our conscience is shocked by news of the violation of human rights. The gender gap seems to be increasing. One can just think, the way the girls and boys grow up in their childhood. The reality of the Indian families is that boys are brought up to be served, girls to serve. Boys are princes in the family, girls maids in the scullery. In fact, women constantly suffer from discrimination in all fields of her life before and after coming on this earth. “We have to free half of the human race, the women, so that they can help to free the other half,” by Emmeline Pankhurst.
In recent years women’s position is worsening as there is an alarming increase of dowry deaths, sexual violence and harassment of women, which reveals a large scale societal breakdown. With the exception of some gains in the field of education, women are still found in least paid jobs, long working hours and bearing full responsibility for the home also by fetching water and fuel, by doing work in family production units, without being paid for labour, by bringing up children and looking after the sick and the aged. She does lots of thankless jobs silently.

Women Workers
There are lots of issues which need to be dealt with in order to safeguard the human rights of the women. Such as women are often throughout the world are denied human rights in the labour with no effective redress. Governments turn a blind eye to illegal practices and enact and enforce discriminatory laws. Corporations and private individuals engage in abusive practices without fear of official condemnation or sanction. For example, job advertisements in India often specify “man” among the requirements for work in business and other agencies and employers often deny women employment based on age and marital status and family status.
Even today in many parts of the world, women are subject to partiality or prejudices. South African farm owners deny black women farm workers legal contracts, pay them less than men for similar work, and deny them maternity benefits. Private manufacturing companies in Mexico and Dominican Republic routinely oblige female job and deny work to pregnant women. Women are often the last chosen for retaining programs and the first to be fired, particularly in economic recessions. Sexual harassment and violence in the workplace are common and constant threats to working women’s lives and livelihoods. Women migrant workers in Malaysia and Saudi Arabia are especially vulnerable to abuse, including trafficking and forced labour.

Domestic Violence
Then there comes the issue of domestic violence. Domestic violence is one of the most under-reported crimes. Violence directed against women by their intimate partners (current or former spouses, boyfriends, dating partners) is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, children, families and communities around the world. Problem with domestic violence is that it is not even considered as abuse in many parts of the world especially certain parts of Asia, Africa and Middle East. It is viewed as “doing the needful”.
Domestic violence could be in form of emotional harassment, physical injury or psychological abuse perpetrated by one of the family members to another. It is a worldwide phenomenon mainly targeting women. The acts of violence have terrible negative impact on women. It is also an infringement of women’s rights and can be safely termed as human rights abuse. The problematic aspect is cases of domestic violence are very rarely reported. They are considered as “internal” or “family” matters which should be better resolved within the boundaries of the house. But how could incidents of tortures, threats, intimidation and violence could be termed as internal matters? As mentioned earlier, the majority of the victims are women but children are also made to suffer silently. They are abused and neglected. Their innocent minds are adversely affected with the incidents of domestic violence.
According to a report by World Health Organization (WHO), sexual trafficking, female feticide, dowry death, public humiliation and physical torture are some of the most common forms of domestic violence against Indian women. Such acts belie our growth and claim as an economic superpower. It is ironic that we claim to be one of the most rapidly advancing countries in the world and yet we have done hardly anything of note against social hazards like domestic violence which are a grave danger to the human rights of the women and leave them with little hope of survival in this world which seems to be full of adversities to them. Unremedied domestic violence essentially denies women equality before the law and reinforces their subordinate social status. Men use domestic violence to diminish women’s autonomy and sense of self worth.

Abandoned Young Widows
This group of human society is the product of our ugly, irrational and disdainful custom which needs immediate and active attention of state and people at large so that right to live with human dignity and to realize the worth of human person is not denied. It is really shocking and nerve-racking that in our so claimed modern and civilized society still we believe in not seeing the face of a young widow by beginning the day’s routine. Even today she is entitled to have less nutritious and half-belly food, and residence in a lonely room generally provided in the back of the house. This group of human society is inhumanly denied its basic human rights. Not only that she is having any role in the social life, but also she is denied of religious duties. It is interesting to note that women in the capacity of wife will be sitting near husband in certain religious ceremonies such as the time of the marriage, at the marriage of her children and at time of festivals. After the death of her husband, as a widow, her condition as regard religion becomes materially changed.
Further separated or divorced women are socially unacceptable and remarriage to such women are also quite impossible. Human rights are rights an individual has merely by being human. It could be defined as a God given right, by the reason of the fact that one is born. Such rights are not assigned to humans by any man or government and same way no man or government could decide to extinguish such rights. A widow is a human being and thus have such rights and the mere fact of being a widow does not mean those rights would be extinguished. A widow's right to dignity of human person must not be violated through harmful widowhood practices. There are widowhood practices that destroy the dignity, self esteem and self worth of a widow. Same as in right to life, this right is protected under national, regional and international human rights instruments and national laws.
For instance among some Igbo communities of Nigeria, a woman passes through some negative practices upon the death of her husband to prove her innocence. A widow was made to drink from the water used in washing up the body of her deceased husband; she was made to eat a lobe of kola nut from the palm of her late husband. All these were degrading and inhumane and this widow's dignity was violated. Incidents of this nature happen often.
When a widow is childless, she is in most cases evicted from her matrimonial home based on the fact that she did not have children for her late husband. Childless widows face very traumatic situations; even the widows with only female children also face very harsh conditions, as female children are not entitled to inherit as their male counterparts. Widows are stigmatized by society not only in India, but across the globe. Worldwide, every day, about 100 million widows and their children are ostracized, exploited, and harassed by the societies they live in. for these widows, widowhood means the denial of basic human rights.

The Victims of the Deadly Dowry

Dowry is the payment in cash or kind by the bride’s family to the bridegroom’s family along with the giving away of the bride (called Kanyadana). In Indian Hindu Marriage it is an important part of Hindu marital rites. Kanya means daughter and Dana means gift. Dowry originated in Upper caste families as the wedding gift to the bride to the bride from her family. But then a time came when giving dowry was no longer giving a gift, rather it became an obligation. The bridegroom often demands a dowry consisting of a large sum of money, furniture and electronic goods. The most severe of this fall-out is the “bride burning”. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide.

The problem is more disturbing and challenging in the rural areas and villages. In fact today dowry has become a major element of settling a marriage or even the only condition of letting the marriage go on. When a marriage is fixed no one is concern as to how smart, intelligent, and homely the girl is but all that matters is how much cash and luxuries will she get home. Is this the cause God created women? If not then why are women ill-treated and why is there innocence being buried under deep stacks of cash notes? Who will talk about their human rights (in case they are considered to have any of the human rights)? And not only their human rights but also the people related to her who are going to suffer because of her sufferings. On a whole the human rights of a bride being ridiculed during the unnecessary demands of dowry are rubbed under the feet of the violators.

Child Marriage leading to violation of Human Rights

Child marriage is a violation of human rights which is a practice in which the parents of a child arrange a marriage with another child or an adult. In most cases young girls get married off to significantly older men when they are still children. Child marriages must be viewed within a context of force and coercion, involving pressure and emotional blackmail, and children that lack the choice or capacity to give their full consent. Child marriage must therefore always be considered forced marriage because valid consent is absent-and often considered unnecessary. Child marriage is common practice in Niger, Chad, Mall, Bangladesh, Guinea, Burkina Faso, Central African Republic, Mozambique, Nepal, Uganda and Cameroon, where over 50% of girls are married by the age of 18. More than 30% of girls are married by the age of 18 in another eighteen countries, mostly in Asia and Africa. Poverty, protection of girls, fear of loss of virginity before marriage and related family honour, and the provision of stability during unstable social periods are suggested as significant factors in determining a girl's risk of becoming married as a child.

Young girls who get married will most likely be forced into having sexual intercourse with their, usually much older, husbands. This has severe negative health consequences as the girl is often not psychologically, physically and sexually mature. Child brides are likely to become pregnant at an early age and there is a strong correlation between the age of a mother and maternal mortality and morbidity. Girls aged 10-14 are five times more likely to die in pregnancy or childbirth than women aged 20-24 and girls aged 15-19 are twice as likely to die. The body of a young girl is not yet ready for pregnancy and childbirth, which leads to complications.

According to a report issued by the United Nations, these early marriage unions violate the basic human rights of these girls by putting them into a life of isolation, service, lack of education, health problems, and abuse. The UNICEF paper states: "UNICEF believes that, because marriage under the age of 18 may threaten a child's human rights (including the right to education, leisure, good health, freedom of expression, and freedom from discrimination), the best way to ensure the protection of children's rights is to set a minimum age limit of 18 for marriage.
UNICEF is opposed to forced marriages at any age, where the notion of consent is non-existent and the views of bride or groom are ignored, particularly when those involved are under age.”
Health and Human Rights
Promoting and protecting health and respecting, protecting and fulfilling human rights are inextricably linked, and every country in the world is now party to at least one human rights treaty that addresses health-related rights and the conditions necessary for health. The United Nations Universal Declaration of Human Rights recognizes that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.”
The women must be ensured a reasonably decent standard of life, medical aid. It has been unhesitatingly expressed that the health of women workers enables them to enjoy the fruit of their labour. Right to health to women was an integral fact of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which women lead life of misery. But there exists a deadly link between women’s rights abuses and the spread of HIV/AIDS is slowly gaining recognition, but not before millions of women lost their lives to the disease. Evidence indicates that women especially at risk are those in a heterosexual marriage or long-term union in a society where men commonly engage in sex outside the union and women confront abuse if they demand condom use. Women living with AIDS confront not only stigma, but also the deprivations caused by violations of their rights. Relative to the scale and severity of this, laws, policies and programs to combat HIV/AIDS by protecting the rights of women and girls are negligible.

“Whether women are better than men I cannot say - but I can say they are certainly no worse,” by Golda Meir. This statement clearly states that because women are considered lower than the man, that is the reason why they are only considered as sex objects and nothing more as such.

The relationship between abuses of women’s rights and their vulnerability to AIDS is acutely clear in Africa, where 58 percent of those infected with HIV are women. In Uganda, domestic violence prevents women from freely accessing HIV/AIDS information, from negotiating condom use, and from resisting unprotected sex with an HIV-positive partner, yet the government has failed to take any meaningful steps to prevent and punish such abuses. Entrenched gender inequality also compounds the discrimination suffered by people living with HIV/AIDS in other regions. In Latin America and the Caribbean- the region with the second highest HIV prevalence after sub- Saharan African women increasingly constitute the majority of those newly infected. Even so, the government in the Dominican Republic, for example, has failed to take women’s rights violations seriously in HIV/AIDS prevention plans. Women are illegally subjected to HIV testing without informed consent, and those who test positive are routinely fired and denied public healthcare. In addition, public health professionals routinely reveal HIV test results to women’s families without the tested individuals’ knowledge or consent, exposing them to violence and abuse.

Trafficking and Human Rights

Over the last years the need for a human rights approach to trafficking in human beings has been increasingly recognized. Human trafficking is both a cause and a consequence of human rights violations. Victims end up in slavery like situations. They face violence, abuse and exploitation. Gender discrimination, unemployment and domestic violence make especially women, children and other marginalized groups vulnerable for trafficking practices. Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the center of any measures taken to prevent and end trafficking.
Human trafficking is the ugliest face of human rights abuses of women and children. It is slavery of modern civilization that claims advanced. Human Trafficking destroys the lives of women and children around the world. Sex-trade workers are victims of human trafficking. The UN estimates that more than 2.4 million people are currently victims of violence after being trafficked. Human trafficking represents a serious violation of human rights and new kind of slavery. Trafficking of women and children in underdeveloped countries to developed countries is the most common sexual activity. Trafficking exist even in country Norway that claims its law prohibits all forms of trafficking in persons. Latest Norway state reports admit that women, and possibly children under 18 years of age, were trafficked to and in the Norway for commercial sexual exploitation.
It is said that the total annual benefits generated by the human trafficking is several billion dollars. It is the ugly face of modern civilization and the media remain silent on this issue, stressing and crying on isolated cases of violation of human rights in the country isolated and only on issues of free speech rights of man, speech and democracy. Human Rights Watch has exposed consistent patterns in the trafficking of women. In all cases, coercive tactics, including deception, fraud, intimidation, isolation, threat and use of physical force, or debt bondage, are used to control women. Many governments treat trafficked persons as illegal aliens, criminals or both exposing them to further abuse. For example Thai trafficking victims in Japan are regularly detained as illegal aliens and deported with a five year ban on reentering the country.

Can we stop the Human Rights Violations?
Pandit Jawaharlal Nehru spoke on the upliftment of women in India, as follows:
“In order to awaken the people, it is the women who have to be wakened, once. They are on the move, the household moves, the village moves and the country moves.”
While the educated women have become conscious of their rights, the underprivileged and the uneducated women in India still face oppression and lack of relief. The National Commission for women in India seizes women’s causes of oppression and suppression of women are not attended to. Human rights reflect the moral conscience of the world and the highest common aspiration that everyone should live in liberty, free from want and fear. So, human rights can be seen as a global A vision backed by state obligations. The term 'human rights' refers to those rights that have been recognized by the global community and protected by international legal instruments. Consequently women world-wide continue to suffer violations of their rights. The causes and consequences may differ from country to country, but prejudices and discrimination against women continue to be widespread and involve the full range of human rights violations known to the modern world. But women and the girl child face additional human rights violations solely or primarily because of their sex. This fact is recognized at the highest levels of world leadership. The UN Secretary-General last year stated that the issue of women's and girl's rights remain a priority for the United Nations and the international community.
The subject of human rights touches upon every aspect of human endeavour and aspiration. Human rights are inherent. Every man, woman and child is entitled to enjoy his or her human rights simply by nature of being human. It is this UNIVERSALITY of human rights which distinguishes them from other types of rights such as citizenship or contractual rights. Despite many successes in empowering women, numerous issues still exist in all areas of life, ranging from the cultural, political to the economic. For example, women often work more than men, yet are paid less; gender discrimination affects girls and women throughout their lifetime; and women and girls are often are the ones that suffer the most poverty. Many may think that women’s rights are only an issue in countries where religion is law, such as many Muslim countries. Or even worse, some may think this is no longer an issue at all.
We always like to live in a world where all women feel safe, have an adequate standard of living and a decent home where they are not disadvantaged in the workplace because of their gender and where violence has no place. This is about respecting everyone, everyday and everywhere. It is each Government’s responsibility to ensure women’s human rights are respected, protected and fulfilled through policy, law and practice. Governments aim to reduce violations in the following ways:
(i) Creating laws that make human rights violations illegal.
(ii) Adopting policies and programs to ensure people have access to their human rights.
(iii) Ensuring that human rights are properly enforced, including providing resources and assistance, access to courts and appropriate punishment for violations and;
(iv) Providing education and awareness raising programs about human rights.
Human rights define the value and worth of each person and their relationship to government and society. They identify standards regarding the quality of life that each of us can expect to enjoy. Human rights are inherent, inalienable and universal. Due to some social structures, traditions, stereotypes and attitudes about women and their role in society, women do not always have the opportunity and ability to access and enforce their rights in the same basis as men. There are some other measures as well:
(i) By providing proper reservations in politics and public life.
(ii) Working against the Trafficking and exploitation of prostitution.
(iii) Ensuring the education and training.
(iv) Ensuring the equal opportunity of employment.
(v) Measures to protect the health of women.
(vi) Improve the economic life and sport and culture.
Taking into account these measures we can say that ensuring the human rights of women is not an easy job and this process has a long way to go. But we should not at any point of time leave our patience and understanding.
“The fight is not for women’s status but for human worth. The claim is not to end inequality of women but to restore Universal Justice”- Justice V.R. Krishna Iyer.
REFERENCES
Books:-

Gonsalves, Lina. Women and human rights. APH Publishing, 2008. Print.

Kumar, Suresh. Human Rights: Concept Issues Emerging Problems. Regal Publications, 2007. Print.

Bhuimali, Anil. Poverty and human rights of women. Delhi: 2005. Print.

Chandra, Subhash. Social justice and human rights in India. 01. Serials Publications, 2006. Print.

Chawla, Monica. Gender justice: women and law in India. 01. Deep and Deep Publications, 2006. Print.

Bhuimali, Anil. Rights of Disabled Women And Children In India. Serials Publications, 2009. Print.

INTERNET SOURCES:-

http://www.hrw.org/

http://whoindia.org/EN/Index.htm

http://www.unicef.org/

http://www.un.org/womenwatch/daw/csw/

http://www.vitalvoices.org/

http://ncw.nic.in/

1 Students of Second Semester, BA.LLB (Hons.), Rajiv Gandhi National University of Law, Punjab, Patiala.

RAVNEET KAUR BEDI & JATIN GARG, 1ST Year, BA.LLB (HONS.), RGNUL

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Human Rights

‘Human Rights of Women in Indian Society’

3/6/2011

Ravneet kaur Bedi & Jatin Garg[1]

‘Human Rights of Women in Indian Society’

Introduction & Status of Women in different Human Societies

Whether it is developed, developing or under developed society, women occupy a unique position. In almost, all the present and contemporary societies, it is discriminatory and prejudicial. Nearly, all human societies in different parts of the world are male dominated. Males are active part and the females only passive part of the different society. They do not enjoy the same privileges as enjoyed by the males. All through the ages the rights of the women have been violated in one way or the other.

There has been no practical equality between man and woman in any society. Even under Mohammedan texts of theology and Shariat, women are half of the males in status. The constitution of India has discarded all sex discriminations and sex equality and liberty has been made a fundamental right and the states are directed to remove all sex inequalities and impediments to their personal liberty. But does this really works is a big question. Women suffer the full range of human rights violations known to the modern world. Women and girl-children also face human rights violations solely or primarily because of their sex.

In the present scenario, the rights of the women, rather we should say the human rights of the women, needs to be protected. Human rights may be defined as the rights and freedom that every person on the earth are entitled to enjoy viz. right to social security, right to equality, right of life, liberty and security of persons, etc. without distinction of any kind. Thus they are said to be those rights which every man or woman inhabiting any part of the world should be entitled to by virtue of having been born a human being. Human rights are commonly understood as being those rights that are inherent to all human beings. The concept of human rights acknowledges that each individual is entitled to enjoy his or her rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Basic to human beings is the concept of non discrimination and equality of treatment. Every woman and girl is entitled to the realization of all human rights -- civil, political, economic, social and cultural -- on equal terms with men, free from discrimination. Women and girls also enjoy certain human rights specifically linked to their status as women. But how can this protection are ensured. For that to happen we need to take some stern steps regarding the safe and sound life of the women. However, we are faced with so many problems so we first have to eliminate those problems and only then we can expect some fruitful changes in the working of the society.

In United Nations terminology, problems concerning the human rights of women are often subsumed under the terms of status of women. Unequal status of women often results from gender discrimination. Human rights terminology embodies the demand that the unequal status of women be addressed as a violation of their rights, as a breach of the obligation of the government to guarantee equal rights to all. What is particularly striking is that women are either assumed to be attached to men, or are ignored completely altogether, that is they are not analyzed as a social group in their own right. Those who suggest that women’s status improves with economic development, frequently fail to take into account the widespread structures of patriarchy, which keeps women in subordinate position.

What women do and are expected to do vary, of course with economy, climate, political or religious ideologies and culture, but there is throughout the world a core of common tasks which women everywhere are required to perform. These include cooking on everyday basis, housework (sleeping, cleaning), care of small children. In addition to these services and management tasks, a rural production of a significant proportion of the household economic resources, whether there is production of crops for food, care of herds, etc. In spite of women’s obvious contribution to the maintenance of the household, there may be no necessary correlation with women’s status in the household or in the society. In short, although women play a crucial role in every sphere of social life, yet there participation is not valued. Further, women are often used instrumentally existing in conditions of manipulation and at times even degradation. There are different roles played by a woman in her daily life. These roles though are quite important for the smooth running of the society, however they are not valued.

Women represent half of the global population and one-third of the work force; they receive only one-tenth of the global income and less than one percent of world property, and does two-thirds of all working hours. Still, day in and day out, our conscience is shocked by news of the violation of human rights. The gender gap seems to be increasing. One can just think, the way the girls and boys grow up in their childhood. The reality of the Indian families is that boys are brought up to be served, girls to serve. Boys are princes in the family, girls maids in the scullery. In fact, women constantly suffer from discrimination in all fields of her life before and after coming on this earth. “We have to free half of the human race, the women, so that they can help to free the other half,” by Emmeline Pankhurst.

In recent years women’s position is worsening as there is an alarming increase of dowry deaths, sexual violence and harassment of women, which reveals a large scale societal breakdown. With the exception of some gains in the field of education, women are still found in least paid jobs, long working hours and bearing full responsibility for the home also by fetching water and fuel, by doing work in family production units, without being paid for labour, by bringing up children and looking after the sick and the aged. She does lots of thankless jobs silently.

Women Workers

There are lots of issues which need to be dealt with in order to safeguard the human rights of the women. Such as women are often throughout the world are denied human rights in the labour with no effective redress. Governments turn a blind eye to illegal practices and enact and enforce discriminatory laws. Corporations and private individuals engage in abusive practices without fear of official condemnation or sanction. For example, job advertisements in India often specify “man” among the requirements for work in business and other agencies and employers often deny women employment based on age and marital status and family status.

Even today in many parts of the world, women are subject to partiality or prejudices. South African farm owners deny black women farm workers legal contracts, pay them less than men for similar work, and deny them maternity benefits. Private manufacturing companies in Mexico and Dominican Republic routinely oblige female job and deny work to pregnant women. Women are often the last chosen for retaining programs and the first to be fired, particularly in economic recessions. Sexual harassment and violence in the workplace are common and constant threats to working women’s lives and livelihoods. Women migrant workers in Malaysia and Saudi Arabia are especially vulnerable to abuse, including trafficking and forced labour.

Domestic Violence

Then there comes the issue of domestic violence. Domestic violence is one of the most under-reported crimes. Violence directed against women by their intimate partners (current or former spouses, boyfriends, dating partners) is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, children, families and communities around the world. Problem with domestic violence is that it is not even considered as abuse in many parts of the world especially certain parts of Asia, Africa and Middle East. It is viewed as “doing the needful”.

Domestic violence could be in form of emotional harassment, physical injury or psychological abuse perpetrated by one of the family members to another. It is a worldwide phenomenon mainly targeting women. The acts of violence have terrible negative impact on women. It is also an infringement of women’s rights and can be safely termed as human rights abuse. The problematic aspect is cases of domestic violence are very rarely reported. They are considered as “internal” or “family” matters which should be better resolved within the boundaries of the house. But how could incidents of tortures, threats, intimidation and violence could be termed as internal matters? As mentioned earlier, the majority of the victims are women but children are also made to suffer silently. They are abused and neglected. Their innocent minds are adversely affected with the incidents of domestic violence.

According to a report by World Health Organization (WHO), sexual trafficking, female feticide, dowry death, public humiliation and physical torture are some of the most common forms of domestic violence against Indian women. Such acts belie our growth and claim as an economic superpower. It is ironic that we claim to be one of the most rapidly advancing countries in the world and yet we have done hardly anything of note against social hazards like domestic violence which are a grave danger to the human rights of the women and leave them with little hope of survival in this world which seems to be full of adversities to them. Unremedied domestic violence essentially denies women equality before the law and reinforces their subordinate social status. Men use domestic violence to diminish women’s autonomy and sense of self worth.

Abandoned Young Widows

This group of human society is the product of our ugly, irrational and disdainful custom which needs immediate and active attention of state and people at large so that right to live with human dignity and to realize the worth of human person is not denied. It is really shocking and nerve-racking that in our so claimed modern and civilized society still we believe in not seeing the face of a young widow by beginning the day’s routine. Even today she is entitled to have less nutritious and half-belly food, and residence in a lonely room generally provided in the back of the house. This group of human society is inhumanly denied its basic human rights. Not only that she is having any role in the social life, but also she is denied of religious duties. It is interesting to note that women in the capacity of wife will be sitting near husband in certain religious ceremonies such as the time of the marriage, at the marriage of her children and at time of festivals. After the death of her husband, as a widow, her condition as regard religion becomes materially changed.

Further separated or divorced women are socially unacceptable and remarriage to such women are also quite impossible. Human rights are rights an individual has merely by being human. It could be defined as a God given right, by the reason of the fact that one is born. Such rights are not assigned to humans by any man or government and same way no man or government could decide to extinguish such rights. A widow is a human being and thus have such rights and the mere fact of being a widow does not mean those rights would be extinguished. A widow's right to dignity of human person must not be violated through harmful widowhood practices. There are widowhood practices that destroy the dignity, self esteem and self worth of a widow. Same as in right to life, this right is protected under national, regional and international human rights instruments and national laws.

For instance among some Igbo communities of Nigeria, a woman passes through some negative practices upon the death of her husband to prove her innocence. A widow was made to drink from the water used in washing up the body of her deceased husband; she was made to eat a lobe of kola nut from the palm of her late husband. All these were degrading and inhumane and this widow's dignity was violated. Incidents of this nature happen often.

When a widow is childless, she is in most cases evicted from her matrimonial home based on the fact that she did not have children for her late husband. Childless widows face very traumatic situations; even the widows with only female children also face very harsh conditions, as female children are not entitled to inherit as their male counterparts. Widows are stigmatized by society not only in India, but across the globe. Worldwide, every day, about 100 million widows and their children are ostracized, exploited, and harassed by the societies they live in. for these widows, widowhood means the denial of basic human rights.

The Victims of the Deadly Dowry

Dowry is the payment in cash or kind by the bride’s family to the bridegroom’s family along with the giving away of the bride (called Kanyadana). In Indian Hindu Marriage it is an important part of Hindu marital rites. Kanya means daughter and Dana means gift. Dowry originated in Upper caste families as the wedding gift to the bride to the bride from her family. But then a time came when giving dowry was no longer giving a gift, rather it became an obligation. The bridegroom often demands a dowry consisting of a large sum of money, furniture and electronic goods. The most severe of this fall-out is the “bride burning”. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide.

The problem is more disturbing and challenging in the rural areas and villages. In fact today dowry has become a major element of settling a marriage or even the only condition of letting the marriage go on. When a marriage is fixed no one is concern as to how smart, intelligent, and homely the girl is but all that matters is how much cash and luxuries will she get home. Is this the cause God created women? If not then why are women ill-treated and why is there innocence being buried under deep stacks of cash notes? Who will talk about their human rights (in case they are considered to have any of the human rights)? And not only their human rights but also the people related to her who are going to suffer because of her sufferings. On a whole the human rights of a bride being ridiculed during the unnecessary demands of dowry are rubbed under the feet of the violators.

Child Marriage leading to violation of Human Rights

Child marriage is a violation of human rights which is a practice in which the parents of a child arrange a marriage with another child or an adult. In most cases young girls get married off to significantly older men when they are still children. Child marriages must be viewed within a context of force and coercion, involving pressure and emotional blackmail, and children that lack the choice or capacity to give their full consent. Child marriage must therefore always be considered forced marriage because valid consent is absent-and often considered unnecessary. Child marriage is common practice in Niger, Chad, Mall, Bangladesh, Guinea, Burkina Faso, Central African Republic, Mozambique, Nepal, Uganda and Cameroon, where over 50% of girls are married by the age of 18. More than 30% of girls are married by the age of 18 in another eighteen countries, mostly in Asia and Africa. Poverty, protection of girls, fear of loss of virginity before marriage and related family honour, and the provision of stability during unstable social periods are suggested as significant factors in determining a girl's risk of becoming married as a child.

Young girls who get married will most likely be forced into having sexual intercourse with their, usually much older, husbands. This has severe negative health consequences as the girl is often not psychologically, physically and sexually mature. Child brides are likely to become pregnant at an early age and there is a strong correlation between the age of a mother and maternal mortality and morbidity. Girls aged 10-14 are five times more likely to die in pregnancy or childbirth than women aged 20-24 and girls aged 15-19 are twice as likely to die. The body of a young girl is not yet ready for pregnancy and childbirth, which leads to complications.

According to a report issued by the United Nations, these early marriage unions violate the basic human rights of these girls by putting them into a life of isolation, service, lack of education, health problems, and abuse. The UNICEF paper states: "UNICEF believes that, because marriage under the age of 18 may threaten a child's human rights (including the right to education, leisure, good health, freedom of expression, and freedom from discrimination), the best way to ensure the protection of children's rights is to set a minimum age limit of 18 for marriage.

UNICEF is opposed to forced marriages at any age, where the notion of consent is non-existent and the views of bride or groom are ignored, particularly when those involved are under age.”

Health and Human Rights

Promoting and protecting health and respecting, protecting and fulfilling human rights are inextricably linked, and every country in the world is now party to at least one human rights treaty that addresses health-related rights and the conditions necessary for health. The United Nations Universal Declaration of Human Rights recognizes that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.”

The women must be ensured a reasonably decent standard of life, medical aid. It has been unhesitatingly expressed that the health of women workers enables them to enjoy the fruit of their labour. Right to health to women was an integral fact of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which women lead life of misery. But there exists a deadly link between women’s rights abuses and the spread of HIV/AIDS is slowly gaining recognition, but not before millions of women lost their lives to the disease. Evidence indicates that women especially at risk are those in a heterosexual marriage or long-term union in a society where men commonly engage in sex outside the union and women confront abuse if they demand condom use. Women living with AIDS confront not only stigma, but also the deprivations caused by violations of their rights. Relative to the scale and severity of this, laws, policies and programs to combat HIV/AIDS by protecting the rights of women and girls are negligible.

“Whether women are better than men I cannot say - but I can say they are certainly no worse,” by Golda Meir. This statement clearly states that because women are considered lower than the man, that is the reason why they are only considered as sex objects and nothing more as such.

The relationship between abuses of women’s rights and their vulnerability to AIDS is acutely clear in Africa, where 58 percent of those infected with HIV are women. In Uganda, domestic violence prevents women from freely accessing HIV/AIDS information, from negotiating condom use, and from resisting unprotected sex with an HIV-positive partner, yet the government has failed to take any meaningful steps to prevent and punish such abuses. Entrenched gender inequality also compounds the discrimination suffered by people living with HIV/AIDS in other regions. In Latin America and the Caribbean- the region with the second highest HIV prevalence after sub- Saharan African women increasingly constitute the majority of those newly infected. Even so, the government in the Dominican Republic, for example, has failed to take women’s rights violations seriously in HIV/AIDS prevention plans. Women are illegally subjected to HIV testing without informed consent, and those who test positive are routinely fired and denied public healthcare. In addition, public health professionals routinely reveal HIV test results to women’s families without the tested individuals’ knowledge or consent, exposing them to violence and abuse.

Trafficking and Human Rights

Over the last years the need for a human rights approach to trafficking in human beings has been increasingly recognized. Human trafficking is both a cause and a consequence of human rights violations. Victims end up in slavery like situations. They face violence, abuse and exploitation. Gender discrimination, unemployment and domestic violence make especially women, children and other marginalized groups vulnerable for trafficking practices. Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the center of any measures taken to prevent and end trafficking.

Human trafficking is the ugliest face of human rights abuses of women and children. It is slavery of modern civilization that claims advanced. Human Trafficking destroys the lives of women and children around the world. Sex-trade workers are victims of human trafficking. The UN estimates that more than 2.4 million people are currently victims of violence after being trafficked. Human trafficking represents a serious violation of human rights and new kind of slavery. Trafficking of women and children in underdeveloped countries to developed countries is the most common sexual activity. Trafficking exist even in country Norway that claims its law prohibits all forms of trafficking in persons. Latest Norway state reports admit that women, and possibly children under 18 years of age, were trafficked to and in the Norway for commercial sexual exploitation.

It is said that the total annual benefits generated by the human trafficking is several billion dollars. It is the ugly face of modern civilization and the media remain silent on this issue, stressing and crying on isolated cases of violation of human rights in the country isolated and only on issues of free speech rights of man, speech and democracy. Human Rights Watch has exposed consistent patterns in the trafficking of women. In all cases, coercive tactics, including deception, fraud, intimidation, isolation, threat and use of physical force, or debt bondage, are used to control women. Many governments treat trafficked persons as illegal aliens, criminals or both exposing them to further abuse. For example Thai trafficking victims in Japan are regularly detained as illegal aliens and deported with a five year ban on reentering the country.

Can we stop the Human Rights Violations?

Pandit Jawaharlal Nehru spoke on the upliftment of women in India, as follows:

“In order to awaken the people, it is the women who have to be wakened, once. They are on the move, the household moves, the village moves and the country moves.”

While the educated women have become conscious of their rights, the underprivileged and the uneducated women in India still face oppression and lack of relief. The National Commission for women in India seizes women’s causes of oppression and suppression of women are not attended to. Human rights reflect the moral conscience of the world and the highest common aspiration that everyone should live in liberty, free from want and fear. So, human rights can be seen as a global A vision backed by state obligations. The term 'human rights' refers to those rights that have been recognized by the global community and protected by international legal instruments. Consequently women world-wide continue to suffer violations of their rights. The causes and consequences may differ from country to country, but prejudices and discrimination against women continue to be widespread and involve the full range of human rights violations known to the modern world. But women and the girl child face additional human rights violations solely or primarily because of their sex. This fact is recognized at the highest levels of world leadership.The UN Secretary-General last year stated that the issue of women's and girl's rights remain a priority for the United Nations and the international community.

The subject of human rights touches upon every aspect of human endeavour and aspiration. Human rights are inherent. Every man, woman and child is entitled to enjoy his or her human rights simply by nature of being human. It is this UNIVERSALITY of human rights which distinguishes them from other types of rights such as citizenship or contractual rights. Despite many successes in empowering women, numerous issues still exist in all areas of life, ranging from the cultural, political to the economic. For example, women often work more than men, yet are paid less; gender discrimination affects girls and women throughout their lifetime; and women and girls are often are the ones that suffer the most poverty. Many may think that women’s rights are only an issue in countries where religion is law, such as many Muslim countries. Or even worse, some may think this is no longer an issue at all.

We always like to live in a world where all women feel safe, have an adequate standard of living and a decent home where they are not disadvantaged in the workplace because of their gender and where violence has no place. This is about respecting everyone, everyday and everywhere. It is each Government’s responsibility to ensure women’s human rights are respected, protected and fulfilled through policy, law and practice. Governments aim to reduce violations in the following ways:

(i) Creating laws that make human rights violations illegal.

(ii) Adopting policies and programs to ensure people have access to their human rights.

(iii) Ensuring that human rights are properly enforced, including providing resources and assistance, access to courts and appropriate punishment for violations and;

(iv) Providing education and awareness raising programs about human rights.

Human rights define the value and worth of each person and their relationship to government and society. They identify standards regarding the quality of life that each of us can expect to enjoy. Human rights are inherent, inalienable and universal. Due to some social structures, traditions, stereotypes and attitudes about women and their role in society, women do not always have the opportunity and ability to access and enforce their rights in the same basis as men. There are some other measures as well:

(i) By providing proper reservations in politics and public life.

(ii) Working against the Trafficking and exploitation of prostitution.

(iii) Ensuring the education and training.

(iv) Ensuring the equal opportunity of employment.

(v) Measures to protect the health of women.

(vi) Improve the economic life and sport and culture.

Taking into account these measures we can say that ensuring the human rights of women is not an easy job and this process has a long way to go. But we should not at any point of time leave our patience and understanding.

“The fight is not for women’s status but for human worth. The claim is not to end inequality of women but to restore Universal Justice”- Justice V.R. Krishna Iyer.

REFERENCES

Books:-

1. Gonsalves, Lina. Women and human rights. APH Publishing, 2008. Print.

2. Kumar, Suresh. Human Rights: Concept Issues Emerging Problems. Regal Publications, 2007. Print.

3. Bhuimali, Anil. Poverty and human rights of women. Delhi: 2005. Print.

4. Chandra, Subhash. Social justice and human rights in India. 01. Serials Publications, 2006. Print.

5. Chawla, Monica. Gender justice: women and law in India. 01. Deep and Deep Publications, 2006. Print.

6. Bhuimali, Anil. Rights of Disabled Women And Children In India. Serials Publications, 2009. Print.

INTERNET SOURCES:-

1. http://www.hrw.org/

2. http://whoindia.org/EN/Index.htm

3. http://www.unicef.org/

4. http://www.un.org/womenwatch/daw/csw/

5. http://www.vitalvoices.org/

6. http://ncw.nic.in/

[1] Students of Second Semester, BA.LLB (Hons.), Rajiv Gandhi National University of Law, Punjab, Patiala.

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November 21, 2010

Navjot Singh Sidhu In Aap Ki Adalat Part 2

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Human Rights of Women in Indian Society0