Introduction: The concept of Gender neutrality is common now days.In a society where people of all kinds live it is important to know about this concept.It is based on the idea that discrimination in any field of life between twosexes should be avoided. It is against the norms of a civilized society.Awriter has beautifully quoted: “Educate aman and you educate an individual”.
“Educatea woman and you educate a family”. When we talk ofstatus, we understand that it implies the Social and legal position of an individual .Women in ancient India were held in high esteem.
The position ofa woman in the Vedas and the Upanishad was that of a mother. In the Manusmriti,woman was considered precious, being projected first by her father, then by herbrother and husband and finally by, her son. In the medieval period, thepractices of purdah system, dowry and Sati came into being. It is thought thatthe right place for woman is in the home.Womenin today’s world have become famous for multi tasking. It has become common forworking women to fit in doctor’s appointment, coordinate play dates and planbirthday parties during working hours without compromising at all on her work.At home too she focuses on dinner, home work and upcoming assessments with oneeye on pending emails and office calls. Studies have not only proved that womenare better than men at juggling more than one task.
Their approach to multipleproblems is more methodical and logical. Their perception and meticulousplanning are a source of fascination to the men folks. Their vision has been aboon to society.
The role of women in the reconstruction of India is beyondimagination. Statusin ancient times India is a country where women were worshippedas incarnation of Goddesses. The irony of the fate of Indian women is that oftheir status which should have been an identity to reckon with, has become atopic of debate. Astime pass the status of women have become an issue to be discussed on severalplatforms. There has been mushroom growth in the last few decades oforganizations struggling to get for women their dues.
These organizations haveworked a lot. They have made great progress in this direction .It has helped inthe improvement of the status of women in the home, society, office andcountry.Womenin ancient India were held in high esteem. In the Vedas and the Upanishadposition of women was that of a mother. In the Manusmriti woman was consideredprecious. She was protected by herfather, her brother, husband and son. The status of woman has lowered withpassage of time.
The society is dominated by muscle and money power. Since menfought the wars and ran the enterprises, they consider themselves superior towoman.1Inthe early Vedic age the girls were given all the facilities, even of education.The marriage of widow was permitted. But in the later Vedic period, daughtersare regarded as a source of misery.
The status of woman was deteriorated withpractice of polygamy. In the medieval period, the practices of purdah system,dowry and Sati came into being. It is thought that the right place for woman isin the home. Her main duty is to cook and do all other menial jobs. Thus women havebeen deprived of their rightful place in society and exploitation has beengoing on for centuries.Status in present ageTheinhumane practice of Sati, where thewife burn herself alive was fought against by Raja Ram Mohan Roy and thus this evil practice came to an end.After the development of Science and Technology, female foeticide and infanticide is being practiced on a largescale.
As a result there are 927 females to 1000 males. Dowry has become a common practice now days. The birth of a girlchild is, therefore, considered inauspious.Thelist common crimes in the present time include Rape, sexual harassment, molestation, eve-teasing, forced prostitution.
The crimes against women are increasing at an alarming rate. Sexual harassmentat work place is also a common affair.According to a study, released in 1997 by the Sasha ViolenceIntervention Centre based on a survey done with 350 school girls in New Delhi, “63% of the girls had experienced child sexual abuse at the hands of familymembers. Nearly one-third of the girls said the perpetrator had been a father,grandfather or male friend of the family”.2Themost common and the heinous crime is the crime of rape. It is increasing everyday. To satisfy his lust, the man ruins the dignity and self-respect of women.
He even does not think for one moment that the woman is his mother, his wife orhis sister or his daughter. If one does such crime with any of these relationsrelated with him how he would feel.RAPE: THE MOST HEINOUS CRIME”While amurderer destroys the physical frame of the victim, a rapist degrades anddefiles the soul of a helpless female.
” Rape is the most violent crime .It iscommitted against women. According to Section 3753of the Indian Penal Code, Rape means an unlawful intercourse done by a man witha woman without her valid consent.
Recently rape was done with a 23 year oldPara-medical student in a moving bus on the streets of Delhi. This incidentshook not just our country but people all over the world. After this a lot ofamendments have been brought.The incident filled everyIndian with wrath. Thousands of people poured into the streets to demandjustice for the young lady.
Causes: The foremost cause of increasing rape cases is due to the lack of public safety. Today women arenot safe in their homes, how can they be safe outside.· Globalization andWesternization are recent in our society. These have caused significantchanges. The Indian Culture has changed.
Late night parties and discos havebecome the order of the day. · Absence of female police officer is anotherreason as females feel insecure telling about the tragedy to a male policeofficer.· The stigma which gets attached with the victimis another major issue. Most of the cases don’t get reported.· The victim is put under pressure to not tell itas it would bring shame to the family.Remedies: The need of today is to curb this violent crime.
The spate of pornographic materials must bestrictly banned. Death penalty should beimposed.· A woman’s squad is formed in every district.· Fast track courts are established.NIRBHAYA CASE: A CASE WHICH SHOOK THE WHOLESOCIETYTheresearcher feels that the path for truth and justice is difficult.
But theyare not difficult to achieve.The gangrape of the 23 year old shook everyone. It took place while she was travelling with her boyfriend in a bus. Theaccused boated his boyfriend, boated her also and then six of them raped her.They had caused a lot of injuries to her also. After that they threw her on theroad.No one in our busy Delhi listened to her cries.
Everyone was busy in their own world.This brought a lot of changes in our legal systemespecially in rape laws.New laws and implementationThePreamble of the Constitution4itself ensures justice, liberty and equality and that there would be nodiscrimination on any ground.Article 15 of the Constitution5ensuresprohibition of discrimination on grounds of sex.InIndia sec 375 of the Indian Penal Codegives the provisions for punishment of rape.6 Itgot amended with the Tiara case in1980s.
After the Nirbhaya case itagain got amended in 2013 and fast track courts have been set up. Also the Juvenile Justice Act has got amended.But why is law taking so much time to punish the offenders. Also one of theoffenders who turned juvenile is now left free to roam in the city.
Why arethere so many lapses?Recentlyon 24 October, 2016 an auto wale killed a woman by stabbing her 30 times.7 Natureof punishment: Recentlyit was reported in newspaper that one of the offender who did this heinouscrime in Telangana, after serving his term of punishment of 10 years; on hisrelease again committed this heinous crime with a small girl and killed her.Theresearcher feels that if this is the behaviour of offenders, then the reformative theory which India isfollowing should not be followed. Instead punitivetheory should be followed.
Alsorecently only mother and 13 year girl got raped mercilessly in NOIDA. Some steps need to be taken to improve thesociety. Itis rightly said “One time offender, is always an offender.” Sitaand Draupadi are the two interestingexamples. Women have appeared on the national scene political leaders like Sarojini Naidu, Vijaylakshmi Pandit,Mahadevi Verma, Proffessors, even Vice Chancelors and some got appointed asGovernors and judges of High Courts and even Supreme Court.
Mrs. Indira Gandhiwas the first woman Prime Minister of India.Now the Delhi High Court hasalso given women the status of Karta injoint Hindu family.Butwith these things going on how is our country safe for women? How can theyprosper? Strict laws and their enforcement need to be done.
Otherwise gloom anddarkness will prevail in our society.Recentlyone of the courts said that a rape convict will be treated as an adult and notas a juvenile. This might be the change.
Anotherlightning for women is the latest ApexCourt decision that women can be the karat of joint Hindu family.8Someonehas beautifully quoted:”Women are foundation of ourSociety. Every foundation has to be laid”. “When women thrive, all of Societybenefits and succeeding generations are given a better start in life”.Enacting of Domestic Violence ActSeeingthe deteoriating conditions of women in our society, the law makers after theCEDAW Conference enacted the Domestic Violence Act, 2005 on the same basis.Theact provides that if any married women is abused by the husband or her in lawsthen the women must approach the nearest police station where there is a cellwhich will tell the women of her rights. If she wants to pursue it further theywill help her further and assist her in filing the complaint.Theact was enacted to protect the women against the attrocities.
There had been alot of dowry death cases. To prevent these it was enacted to punish theoffenders and deter those who may commit it in future.Thoughinitially the act was a boon but in the present scenario it is just name sake.The laws are not implemented properly. People need to be taught about the wrongthey are committing and apply the law properly. Amere piece of enactment is just a writing without its implementation.Attrocities faced by menThoughthe law and everyone talks about protecting the women. But it is not just womenwho are being abused by men.
Even men are also at times being abused by women.Withthe coming of Domestic Violence Act women have got a tool in their hands which they misuse against the men. This isnot correct .
If a law has been enacted to protect a person it should not bemisused.Themen are waiting for the day when International Men’s Day will also becelebrated. CONCLUSION:Swami Vivekanand has rightly remarked, “Itis impossible to think about the welfare of the world unless the condition ofwomen is improved”.
Manymajor programmers like support to training cum employment program for women,Mahila Kosh etc. have come in to place.Todaymodern woman is deft and self sufficient. She can be called as Super Woman. Sheis ambitious. She is taking inspiration from empowered women like first Indianwoman PM Indira Gandhi, first woman IPS officer Kiran Bedi and many more.Theneed of the hour is more radical women’s movements aimed at equality inpersonal and family life as well.
Also the mindset of the people needs to bechanged. The males should understand that the woman who is going out to work islike their mother, sister, wife or daughter. Can they tolerate such kind ofheinous things be done with their mothers, sisters, daughters or wives? So theyshould change their mindset and start respecting women.Anold saying goes: “Jahan nariyon ki izzathoti hain, wahan devta baste hain.”Thisis not the India which Nehru and Gandhi and other freedom fighters dreamt ofand died for its independence.Allneed to come together and work for this change.”The power of one is the power of many, thepower of change.”1 Vol 1 ,H.V Sreenivas Murthy , TheHistory of India for Law Students, 11th edition2 Report by Sakshi ViolenceIntervention Centre3 Indian Penal Code ,1860 4 M.P Jain , Indian ConstitutionalLaw ,5th edn.,1998 5 M.P Jain , Indian ConstitutionalLaw, 5th edn.,19986 Indian Penal Code , 18607 As heard on FM Radio on 25October , 20168Mrs.Sujata Sharma V Shri Manu Gupta, AIR 2015