Journal of Civil & Legal Sciences
Open Access

Women’s rights; International covenants; Evolution of technology; Working children; Indian conditions; Right to survival

Introduction

However, in the sphere of women’s human rights in India, there exists a wide gap between theory and practice. In our society is a male dominated society where men are always assumed to be superior to society. The India Women have to face to discrimination, injustice and dishonour. Despite the legal rights beings granted to them through various international covenants and Government of the country, exploitation against them is endemic. Women and children are being targeted in many ways such as domestic violence, trafficking, prostitution, rape, pornography, child marriage, child labour, child sexual abuse etc. Available legal, social, moral and governmental norms are analysed in this paper to find out the possible ways by which these people’s human rights are infringed [1]. The research paper also reflects on the different types of abuses, laws, policies and guidelines for the protection of these affected persons in India. India is a democratic republic with the second largest population in the world. In the VEDIC Ages, women were worshipped as goddesses. In the present society, women in India have established their identity and made progress in the fields of education, health and economics as a result of democratic governance, evolution of technology and strengthening of the idea of egalitarianism in the society [2]. In Indian legal history on child rights was started in 1880s. At the beginning, it was initiated by the British government later on our government followed the path and adjust local requirement with international standards. The rights of children are grossly violated if they are working and India is home to world’s highest number of working children. Because of this situation since Independence, there have been several new laws and regulations prohibiting employment below a certain age and providing protection for working children. In recent years a serious reassessment of government policy on child labour has taken place, the aim being to identify the most effective way of dealing with the problem under Indian conditions. . Rights of the children include the right against exploitation of sexual abuse, right to education, right against discrimination, right to live, right to survival and rig to development [3]. Children always live under the thumb of their parents, all the decision concerning them, from clothes to education are taken by their parents. It is inevitable truth that women have been ill-treated in every society for ages and India is no exception to that. Persona of a developed nation is reflected within the condition of women of that nation. If society is a bird and men and women are the two wings of society, as bird’s need both of wings to fly, so society needs the empowerment of both men and women to uplift itself. In domestic violence women are treated like a slave and are being robbed of their dignity which is raising questions whether the 498A section of Indian Penal Code is a shield or sword [4]. Flawed Rape Laws are haunting women of being toyed in the street every time they come out of home. Trafficking of women, especially minor girls, has jeopardized the basic esteem of women besides exploiting them in them most despicable manner like prostitution, destroying them physically, socio-economically and in many other respects. The Guidelines are being made laughing stock satyriasis in many work places in every single day. The unborn babyboy has not also got respite from the vile desire having baby boy.

Discussion

Last but not the least modern naked cyber pornography has labelled women as sex-pricking doll. Due to the social stigma most of them could summon up the courage to reveal those heinous acts committed against them in every sphere of their life [5]. Rights of women include the rights against sexual exploitation, right against discrimination, and right to privacy, right to life and even right to employment. The right to live with human dignity not merely includes physical or animal existence rather it embraces several other aspects in its fold. We will now discuss how rights of women and children are infringed and how our constitution and other legislature laid down provisions for protecting their rights. The Constitution of India, which was adopted in 1949, contains several articles incorporating the concept of equality and non-discrimination on the ground of sex. The Constitution recognises human rights in form of various fundamental rights and guarantees equal rights to both men and women without any discrimination. In 1993 the Parliament of India also enacted Protection of Human Rights Act. Under the provisions of the act, National Human Rights Commission was established. In case of any violation of Human Rights, aggrieved women can send their complaints to National Human Rights Commission. At present time, the status of Indian women has undergone considerable changes with the expansion of level of literacy which has made them far more Independent and aware of their rights such as right to equal treatment, right to property right to work, and maintenance, a majority of women still remain unaware about their rights and as a result of this, they have to face harassment, exploitation and injustice [6]. After the Nirbhaya case in 2012, certain amendments have been made in Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act for ensuring protection to women and to safeguard their interests. Moreover, a number of women oriented specific legislations have also been enacted to protect women’s basic human rights. Such laws prescribe punishments for those who violate the acceptable norms of human behaviour and cross the legal boundaries to attack the women or their dignity. The provisions of these laws give the following Human rights in the form of legal rights to women. The Indian Constitution is the supreme law of India; all other laws get authority from the provisions of the Constitution. ‘Indian constitution secures for all its citizens Justice - social, economic and political, Liberty - of thoughts, expression, belief, faith and worship, Equality - of status and of opportunity and dignity of the individual and the integrity of the nation.’ With such wordings, the preamble of the Indian constitution ensures the basic human rights of all men as well as women. The constitution of India is known for its idea of equality among men and women. However, a special protection has also been provided to women under the provisions of the constitution from the perspective of human rights of women. Article 1 of UDHR declares that all human beings are born free and equal in dignity and rights and Article 7 provides for equality before law [7]. Under the constitutional framework of India the status of women is equal to men in the eyes of law because the state cannot deny to any person equality before the law or the equal protection of laws within the territory of India. Article 2 of UDHR assures all the rights and freedoms without any discrimination. Article 7 also talks about equal protection against discrimination. ARTICLE 15(1) Indian citizens can also not be discriminated on the basis of their sex by any government authority because the state cannot discriminate against any citizen on ground only of religion, race, caste, sex, and place of birth or any of them. Furthermore, No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to: (a) Assess to shops, public restriction, hotels and places public entertainment or (b) The use of wells, tanks, bathing Ghats, roads and places of public resort maintain wholly or partly out of state funds or dedicated to the use of the general public [8]. However, state can make special provisions for women under clause (3) of the article as exceptions to the principles of non-discrimination. Article 16 Women are able to get equal opportunity pertaining to public employment because there is equality of opportunity for all citizens, whether males or females, in matters relating to employment or appointment to any office under state and No citizen can, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of any employment or office under the state. However, government has authority to make rules for reservation. Everyone has right to freedom of opinion and expression under article 19 of UDHR [9]. Women can raise their voice for any matter affecting them by using their right under Article 19 (1) (a) of Indian Constitution which guarantees freedom of speech and expression to all citizens. UDHR in its article 23(1) confirms right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment to everyone. Recognising such right in its structure Indian Constitution through Article 19 (1) (g) provides the right to work to Indian women by ensuring freedom to all citizens for occupation, profession and business. Right to life, liberty and security of person has been recognised under article 3 of UDHR. Article 21 of Indian Constitution also provides right to live to all women and men as per their own choice by constitutional guarantee that no person shall be deprived of his/her life or personal liberty except according to procedure established by law. Article 5 of UDHR protects against torture or cruel, inhuman or degrading treatment [10]. Indian Constitution under article 23 protects against human trafficking and bonded labour, which works as a shield for women’s safety and ensures their right to work. For implementing the idea of this article, Indian parliament enacted the Suppression of Immoral Trafficking in women and girls Act, 1956 which was renamed as the Immoral Trafficking (prevention) Act, 1956.

Conclusion

Constitutional Scheme of Directive Principles of State Policy directs the state to secure the idea of women’s right in the society. These are the relevant articles in this regard. Right to Livelihood: Article 39 (a) provides that the citizen, whether men or women, equally have the right to an adequate means to livelihood. Same right has been recognised under article 23(3) of UDHR which says that everyone who works has the right to just and favourable remuneration.

Acknowledgement

None

Conflict of Interest

None

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