Tag: equality

This article provides readers with an insight into the concept of the Right to Equality in India and the United States, how the provisions in both countries are applied, and the significant differences in both views.

Introduction

India and USA are two countries that share many similarities. Both countries are affluent in their diversified culture in society, emphasizing a democratic form of government with separation of powers and many other similarities. Even though the provisions and explanations of the term’ Right to Equality’ are quoted in the Constitution of both countries, the principle that things might differ when observed closely works here. The applications given to the same concept and the scope are significantly different in both countries.

The United States did not initially have the ‘Right to Equality’ in its Constitution. The Declaration of Rights from the Bill of Rights expanded this concept of the ‘Right to Equality’ in the United States. It was added as part of the 14th Amendment Act of 1868 in the Bill of Rights, whereas India’s scenario is entirely different. The ‘Right to Equality’ concept was intended to be added to the Constitution in the initial stages, resulting in it being a part of the country’s fundamental rights.[1] This was the initial point of difference between both countries regarding this concept. The main reason for the difference is the category of people in society and the rate of development in various fields.

Even though the application of the concept is different in both countries, where India considers it as a necessity while a country like the USA considers it from the aspect of quality, some basic features of equality are to be implemented in both countries irrespective of the scope. This article gives a deeper analysis of differentiating the right to equality on various grounds in both countries and the areas of development in implementing this provision.

Analysis

• The difference based on provisions:

Similar to the provision under the Bill of Rights in the US, Article 14 in India is the foundation for providing the right to equality in the Indian Constitution. Article 14 has further introduced the concept of ‘reasonable classification,’ which states that people belonging to similar circumstances should be treated equally. Whereas in the United States, the mode for promoting equality is not based on fixing quotas. It is based on passing time-to-time legislation for the underprivileged like women and children and other minorities. In India, Article 14 protects against discrimination based on religion, caste, race, sex, or place of birth. In the case Shayara Bano v. Union of India.,[2] triple talaq was struck down, stating that it is violative of Article 14, whereas the US constitution does not promote social equality per se in this manner. The concept of social equality was not a part of the American Constitution at the time of its framing. For example, the rights of black people were protected only after passing the 14^th and 15^th Amendments.

Traits of Right to Equality in the US in that of Indian affirmative action

The words stated under the equal protection clause of the 14th amendment were directly applied in the Indian Constitution concerning the right to protection of life and personal liberty. The concept of the rational basis test introduced in the US constitution to check the validity of legislation passed was also applied in India through the judicial review process to check the arbitrariness of a law.

The US influence in Indian society is evident when India started framing the Constitution. Dr B.R. Ambedkar, the chairman of the Constitution assembly, was greatly influenced by the US constitution and its frameworks. He belonged to the category of untouchables in India. When he was in Columbia, he highly appreciated the framework of the 14^th amendment act, which protected the rights of the black people of the United States and enhanced their livelihood. Clearly, he also had the same vision to uplift the lives of untouchables and other minority groups in India. He also idolized the famous black reformer and educator Booker T Washington. On the other hand, B.N Rao, the advisor to the constitutional assembly, inspired the Indian Constitution from the views and ideologies of many famous American judges and jurists.

One of the primary reasons for applying US affirmative reforms in India was that both countries political scenarios and cultural backgrounds had similarities. Both the countries and people belonging to different communities in the society. Both countries were federal. At the same time, society’s reaction regarding affirmative action was also the same. Indian states faced opposition from the people over affirmative action even after there was support by the government similar to the United States, where rights provided to black communities were largely opposed by whites.

• Children’s Rights:

When considering the matter of children’s rights, there is no significant difference in provisions between both countries. Both countries have implemented the provision for providing compulsory education to children. The only difference is the age group. In India, compulsory education is 14 years, whereas, in the USA, it is 16 years. Children at 14 years will be way too young to attain sufficient maturity and take up jobs to sustain themselves. Therefore, considering the age of 16 is a better approach to implementing equality in education.

• Gender inequality:

Equality for women regarding education, job opportunities, etc., is a widely debated topic in both nations. Thus, both nations have separate provisions to protect and safeguard women’s rights. Women’s equality and rights protection laws have gained more attention in the USA than in India among various countries because these laws were framed and implemented decades before India’s independence. The concepts like ‘liberal feminism’ and ‘radical feminism’ rose to popularity in the United States and changed people’s stereotypical attitudes and resulted in women’s independence. While discussing the protection of women’s rights in the workplace, India made provisions to tackle this problem only recently through the judgment of Vishaka v. State of Rajasthan. In contrast, this provision in the United States is more enhanced and developed.

Judicial interpretation of the ‘Right to Equality in India and the US

India has derived the concept of ‘equal protection of the law’ from the US through Article 14 of the Indian Constitution. The same concept is brought into the US constitution through the 14^th amendment Act. Right to equality was considered one of the fundamental features of the Indian Constitution in the case of Indra Sawhney v. Union of India.,[3] This provision applies to every individual who comes under the definition of a person, even if it is a corporation, and all people within the boundaries of India, irrespective of citizenship. Equal justice is the motive behind the concepts of equality before the law and equal protection of the law was stated in the case of Ramesh Prasad v. State of Bihar.,[4] The Constitution of India also provides provisions to make reservations for women and children in the country; nothing shall prevent them from doing so. This was to ensure the upliftment of underprivileged groups. This was stated in the case of Choki v. State of Rajasthan.[5]

Three amendments were brought into the United States constitution after the civil war. All these amendments improved the concept of equality in the country by recognizing minority groups in the United States. The 13^th amendment abolished the practice of slavery; the 14^th amendment played a significant role which granted citizenship to minority groups and stated that no person should be denied the right to life and personal liberty within the state and equal protection of laws. In the landmark case of Gitlow v. Newyork[6] the 14^th amendment Act regarding the due process of law was given a much broader interpretation by including the bill of rights. Other essential rights and liberties, such as the right to freedom of religion, the right to a fair trial, and, the right to press, were recognized through selective incorporation. In the case, of Roe v. Wade.,[7] the right to privacy was widely recognized.

The concept of equal protection of the law was recognized through the landmark judgment of Brown v. Board of education, Topeka.,[8] in which it prohibited discrimination on basis of race in public schools. The concept of equal protection was also used to protect rights in the matter of voting, public jobs, etc.

Conclusion and Suggestions

The ideology and views regarding the concept of equality have been formed during different periods and contexts which resulted in the difference in application. India considered equality as a core subject on the other hand the US developed the concepts according to the needs of the society. But the US system and the Indian system are not different. Regarding constitutional law, Indian shares similarities with the United States more than any other country. Both countries give core values to the Constitution with a strong procedure for judicial review, to strike down inconsistent laws.

After analyzing both countries’ approaches towards the concept of equality, it can be understood that either of the approaches can be directly applied as both have positives and flaws. A purely collective approach is not advisable as it puts individuals’ rights at stake. India’s approach is to attain equality in society and protect the rights of individuals whereas, in America, it is more of an individual approach. In India, the society’s mindset should be changed while the government promotes affirmative action. The authorities can initiate a moral approach. There are still barriers to full equality for people belonging to disabled sections, women, economically weaker sections, etc. Government should frame policies to uplift these groups in particular by addressing their needs. In the US, more attention should be given to providing opportunities to attain equal success for individuals, by removing the unequal effects in social groups. While promoting equality and abolition of discrimination, the need to provide equal access to justice should not be ignored.

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References:

[1]Siddharth Sehgal, Fights for equality: A comparison between India and the US, THE TIMES OF INDIA (Oct. 28, 2013, 18:47 IST), https://timesofindia.indiatimes.com/nri/citizen-journalists/citizen-journalists-reports/siddharth-sehgal/fight-for-equality-a-comparison-between-india-and-us/articleshow/24826436.cms
[2] Shayara Bano v. Union of India, A.I.R. 2017 9 S.C.C. 1 (SC).
[3] Indra Swahney v. Union of India, A.I.R 1993 S.C. 477.
[4] Ramesh Prasad v. State of Bihar, A.I.R 1978 S.C. 327.
[5] Choki v. State of Rajasthan, A.I.R 1957 Raj 10.
[6] Gitlow v. Newyork, 268 U.S. 652 (1925).
[7] Roe v. Wade, 410 U.S. 113.
[8] Brown v. Board of education, 347 U.S. 483 (1954).

This article is written by Vishal Menon, a 2nd-Year student pursuing BBA LLB from Symbiosis Law School, Hyderabad.

India is home to a billion people, from various sections of society. People from all social classes are granted the same, equal status as a citizen of India without any prejudice, yet even in the 21st Century, we get to see violence towards women and the LGBTQ community. This research paper focuses on these issues of violence in India, and legislations that are doing their parts to ease those issues.

Domestic Violence in India

Within the Indian subcontinent, women were and still are victims of all forms of exploitation. Criminal, domestic, and social violence are all forms of violence against women. Rape, murder, female foeticide, and kidnapping are examples of criminal violence. Dowry deaths and sexual assault are all examples of domestic violence. Eve-teasing and inheritance rules that favor men are other forms of social violence.

According to the National Crime Records Bureau, 33,356 rape cases were registered across India in 2018. Many of these cases include a rapist who is well-known to the victim. Furthermore, these figures conceal the substantial number of rapes that go unreported by the victim. Violence against women is becoming more difficult to negotiate in the sanctity of marriage as marital rape is not a crime in India, according to the constitution.

Crimes against the LGBTQ+ Community

India ranks 84 out of 203 countries on the list of countries with the most hate crimes against the Pride Community and the LGBTQ+ movement. The daily struggles of having to endure assault and public humiliation at the hands of one’s own family and friends just for being themselves are still on the rise in India as the ranking slipped down two places since 2020. The decriminalization of Article 377 had little to no impact on Indian society since homophobia persists in almost all cultures in India.

We hear all kinds of ‘foul and based’ statements by people about boys being Gay just for wearing clothes that even have a slight ‘feminine’ appearance or blatantly calling girls ‘Lesbians’ or sometimes even slurs for being ‘a little too friendly’ with their friends of the same gender. The Supreme Court can only change laws, not the people’s minds. Due to the unavailability of proper education on understanding the pride community among the Indian masses, many people still consider that even supporting the LGBT let alone being from the LGBT+ community is a mental disease or addiction. This is seen with many parents sending their children who come out to be among the LGBT+ genders, to Drug Addiction Centers or to Conversion Therapy to make them ‘normal’ again.

Cases of teen suicide due to being sent for illegal conversion therapy at drug addiction centers are on a rise. Anjana Hareesh a 21-year-old came out to her family as a queer person. In a Facebook Live video on 13^th March 2020, she claimed that after learning of her admission, her parents were forced to enroll her in a “de-addiction center,” where she received a severe course of medication (which is illegal conversion therapy). The staff there slapped her when she tried to resist. Hareesh was later discovered hanging from a tree at a resort in Goa, exactly two months since posting the video. Gargi Harithakam, Anjana’s friend, claimed that she did not suffer from a drug or alcohol addiction as she was her roommate and a close friend.

Legality & Legal Precedents

The Indian Government has implemented various legislations to prevent and punish those who commit Domestic Violence, as well as laws that complement women’s health. Following are a few of the laws that benefit women in India.

• Protection of Women from Domestic Violence Act, 2005: Domestic violence is defined as any act that causes physical, emotional, sexual, or economic injury to the victim’s life, limb, health, or safety. It is a form of coercion in which one person exerts control over another by threatening the victim, depriving them of their property, physically harming them, and sexually abusing them. The abuser might harm the victim in a variety of ways. Domestic violence, for example, occurs when a woman is starved for three days by her husband.
• In terms of their extended reach and the extent to which they defy heteronormative patriarchal views of family and a woman’s “natural” role within it, the Act’s provisions are undeniably introducing rights into the house. According to the Act, domestic violence now includes violence in all forms of interpersonal relationships, including abuse in a woman’s natal home and partnerships in the “kind of marriage.”
• The Act analyses the frequency of violence against elder women, in addition to child abuse. By allowing women the right to reside in shared households irrespective of who owns the property, the Act expands the scope of the remedy. The Act categorizes males as perpetrators and women as victims, as well as sets a deadline for cases to be addressed.
• If a woman thinks she has been the victim of abuse by the offender or another person, she can file a complaint on her behalf. A child is also legally protected under the Domestic Violence Act. The parent of such a child can petition on behalf of her minor child.
• In the case of Dr. NG Dastane v. Mrs. S Dastane, the Supreme Court decided that the bedrock of a sound marriage is tolerance, adaptability, and respect for one another. In the case of Vinita Saxena v. Pankaj Pandit, the court ruled that each situation is unique and must be judged accordingly. As a result, the proper use and execution of any special legislation are dependent on the judge in question.
• Special laws can get lost in the shuffle of general legislation and end up going off the rails. As a result, it is up to a judge to prioritize the legislative aim as well as victim justice to serve as a deterrent to the perpetrating accused and society.
• From Right to Equality to complete Decriminalization; In the mid-2000’s the LGBT movement took a kickstart in India. Although it was a crime to engage in consensual sexual relationships of any kind other than between a man and a woman, the courts did allow people to voice their opinion in favour of the LGBTQ+ community. In the case of Naz Foundation v. Government of NCT of Delhi, the Delhi High Court stated that Article 14 of the Constitution protects consensual homosexual relationships and behaviour, and that criminalizing it will be a violation of the Right to Equality.
• The Supreme Court in the 2009 Delhi High Court Judgement of Suresh Kumar Kaushal v. Naz Foundation, in 2013 stated that with changing times, laws and society’s thinking change. Pointing to the fact that homosexuality was not accepted a few decades ago but is now widely accepted in many parts of the world, the apex court also stated that prior to the British colonial rule, homosexuality was prevalent in India, which can be seen from the statues, paintings, and murals on ancient temples and structures in India.
• It was not before 2018 that homosexuality was truly and completely decriminalized in India in the case of Navtej Singh Johar v. Union of India.

Government initiatives

1. National Database of Sexual Offenders; This is a database that was influenced by the Department of Justice National Sex Offender Website. Although, the list of the United States is available to be viewed publicly, in India only law enforcement officers can view it. Only law enforcement agencies will have access to the database, which will be kept by the National Crime Records Bureau under the Ministry of Home Affairs.
2. It will contain the names, pictures, home addresses, fingerprints, DNA samples, and PAN and Aadhaar numbers of those who have been found guilty of sexual offences. Based on information gathered from prisons around the nation, the database would include details of both first-time and habitual offenders for more than 4.5 lakh instances.
3. It will only contain information on those who are at least 18 years old. The name will be added to the registry each time a convict’s information is submitted to a jail.
4. State jails will be required to update appeals against convictions, and an accused person can be followed up until an appeal result in an exoneration.
5. One Stop Center Scheme; One Stop Center is a Ministry of Women and Child Development (MWCD) initiative that receives central funding to address the issue of violence against women. It is a part of the National Mission for Women’s Empowerment umbrella programme, which also includes the Indira Gandhi Mattritav Sahyaog Yojana. There will be one-stop centres set up all around the nation to offer comprehensive support and help to women who have experienced violence in both private and public settings under one umbrella.
6. Funding: The Nirbhaya Fund is used to finance the programme, and the state and union territory administrations receive full financial support from the federal government.
7. Auditing: Audits will be carried out as per the Comptroller and Auditor General of India’s standards, and civil society organizations will also conduct social audits.
8. Services: Women’s helplines and one-stop centres will work together to offer the following services: services for emergency response and rescue, providing medical care, aiding females in filing the First Information Report, psychological and counseling services, legal representation, advice, Shelter, a video conferencing system.
9. Privately-Run LGBTQ+ Suicide Helplines; With an increase in teenage LGBTQ+ suicide over the past few years, private organizations have been formed that are providing mental health care to people who identify with the LGBTQ+ community.
10. Organizations like Naz Foundations, Smiling Rainbow are among the few with helplines to care of LGBT issues in India. SAHAAY is among the very few organizations with its own toll-free LGBTQ+ suicide helpline number.
11. Organizations like these assist the upcoming generation to keep fighting instead of giving in to the pressure created by the small-minded people who try to suppress the Right of Equality and Freedom of Expression of homosexuals.

Data Analysis & Interpretation for Domestic Violence

Research conducted by The Wire showed the number of cases made under Section 498A of the Indian Penal Code, often known as ‘Cruelty by Husband or His Relatives,’ by the number of women in lakhs. The said the research was done to interpret the scope of domestic violence among women between 18 and 49 years of age.

When these figures are compared to the percentage of women who have complained about Section 498A of the India Penal Code, we see that domestic violence incidences are under-reported in 14 of the 20 states, or 70%. In Lakshadweep and Nagaland, Section 498A reporting is as low as 0, despite NFHS-5 figures indicating otherwise.

Domestic violence appears to be under-reported the most in Bihar, Karnataka, and Manipur, where the frequency of domestic abuse is around 40% or higher while incidence is less than 8%. Case files in Assam, Andhra Pradesh, Kerala, Telangana, Tripura, and West Bengal are greater than self-reported domestic abuse incidents.

Conclusion

Domestic violence can be controlled, but it will take a longer time to do so because India has extremely dynamic geographical landscapes and cultures, as well as diverse social norms, and connecting to a billion people is more challenging than locating a needle in a haystack. The community should pick ideal spouses that will not only act as role models for those other spouses but also educate other families in society on how to resolve conflicts in a nonviolent and courteous manner. Bringing domestic violence issues into the mainstream and altering social standards that emphasize civil behaviour can assist create an environment that supports behavioural change. On the other hand, the LGBTQ+ issues of violence and discrimination are still at a peak in India.

As stated before, the Supreme Court can only change laws, not people’s minds. Until a mass, national-level, mental block clearing initiative is created to educate the people about the LGBTQ+ community, there is no scope of ending homophobia in India anytime soon. Lessons on human reproduction are introduced in 8^th-grade biology in the Indian Education Boards, introducing chapters on gender identity and sexuality in 8^th grade can be the first step in expanding the scope of LGBT acceptance, as the age bracket of 12-14 is the onset of puberty and are also the stages of advanced development of the teen mind.

References

1. S. Payal, The Wire. Decoding the Decoding the Extent to Which Domestic Violence Is Under-Reported in India. February, 2021. https://thewire.in/women/domestic-violence-india-underreported
2. The Protection of Women from Domestic Violence Act, 2005.
3. Seth P., Decoding the extent to which Domestic Violence is Under-reported in India, The Wire, February 2021, https://thewire.in/women/domestic-violence-india-underreported
4. Dr. NG Dastane v. Mrs. S Dastane, 1975 AIR 1534.
5. Naz Foundation v. Government of NCT of Delhi, 160 Delhi Law Times 277.
6. Suresh Kumar Kaushal v. Government of NCT of Delhi, Civil Appeal 10972 of 2013.
7. Navtej Singh Johar v. Union of India, AIR 2018 SC 4321.
8. Vinita Saxena v. Pankaj Pandit, 17 (2003) DLT 44.

This article is written by Namay Khanna, a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

INTRODUCTION

Women all across the world have demonstrated that they are vibrant, talented, truthful, and diligent in a variety of disciplines. Their ongoing efforts and contributions to the country’s progress have demonstrated that women are not inferior. Women who are educated and contemporary have let go of their inhibitions and concerns. Females have demonstrated to the world that they can be successful as mothers as well as professionals, academics, bureaucrats, and politicians. However, in previous ages, women could not be so tough and furious. In reality, they were exposed to numerous difficulties and were denied their human rights. Although numerous places in the world still reflect no changes, there has been some progress in the condition of women, and governments and other organisations are also realising the need of preserving women’s human rights.

While India struggled to break free from the constraints of the British Raj, women stepped forward to share the burden. Rani Laxmibai represents the zenith of female strength and courage. Several freedom fighters, including Sarojini Naidu, Sucheta Kriplani, and Vijay Laxmi Pandit, were pivotal in the Indian independence struggle. The woman’s astonishing display of bravery and persistence hinted at her hidden abilities. Mary Kom, Sania Mirza, Saina Nehwal, and Sumitra Mahajan have all made significant contributions to their sports. Modern Indian women have honed their talents and launched a life-long battle against societal restraints, emotional attachments, religious obstacles, and conventional clutches.

Despite these accomplishments, many obstacles remain: harsh laws and societal norms persist, women continue to be underreported at all levels of political leadership, and one in every five women and girls aged 15 to 49 report sexual and physical assault by an intimate partner within a year.

PLIGHT OF WOMEN AND VIOLATION OF THEIR RIGHTS

Women’s feminist groups have worked tirelessly for many years to address these societal injustices, organising support for legislative reform or protesting in the streets to demand that their rights be honoured. New movements have blossomed in the internet era, including the #MeToo campaign, which also emphasises the prevalence of sexual identity abuse and assault. Here are a handful of the many women’s rights abuses that she faces daily:

1. Inequality of Gender

2. Violence against women

3. Sexual Harassment and Violence

4. Discrimination at work

5. Over 500,000 women die each year as a consequence of pregnancy and maternity care-related causes.

6. HIV infection rates among women are increasing at an alarming rate. Because of their financial and social vulnerabilities, young women now make up the bulk of newly infected people aged 15 to 24.

7. Sexual identity abuse kills and disables as many women between the ages of 15 and 44 as cancer. Perpetrators are often unpunished.

8. Globally, women are twice as likely as males to be illiterate.

9. As a result of their working circumstances and characteristics, a disproportionately significant percentage of women are destitute in both developing and affluent countries.

EFFORTS TOWARDS RECOGNISING WOMEN’S RIGHTS BY THE GLOBAL COMMUNITY

UN Women is a United Nations organisation committed to gender equality and women’s empowerment. UN Women was established to accelerate progress in meeting the needs of women and girls worldwide. It works internationally to make the Sustainable Development Goals vision a reality for women and girls, and it advocates for women’s equitable involvement in all aspects of life via four key goals.:

• Women lead, participate in and benefit from governance systems on an equal footing.

• Women and girls participate in, and have a greater impact on, creating long-term peace and resilience, and they benefit equally from natural disaster and conflict prevention, as well as humanitarian assistance.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979) is a landmark international treaty that tackles gender discrimination and offers particular protections for women’s rights. The agreement established a global charter of women’s and girls’ rights, as well as governments’ responsibilities to guarantee that women may enjoy those rights.

UN Women has devised a rapid and focused response centred on five priorities to reduce the impact of the COVID-19 disaster on women and girls while also ensuring long-term recovery benefits them:

1. Gender-based violence, particularly domestic abuse, is minimised and decreased.

2. Social security and economic stimulation programmes assist women and girls.

3. People believe in and practise equal sharing of caring responsibilities.

4. COVID-19 contingency planning and decision-making are led by women and girls.

5. Gender perspectives are incorporated into data and coordination approaches.

In 1946, the United Nations Economic and Social Council formed the Commission on the Status of Women to produce recommendations and reports to the Council on strengthening women’s rights in politics, economics, social order, and education.

THE INDIAN PERSPECTIVE OF WOMEN’S RIGHTS

In the post-independence era, political authorities recognised the importance of women’s liberation in the country’s growth. They recognised that a country’s prosperity cannot occur until women are given equal rights. Unfortunately, the target has yet to be met. Men continue to fail to give women the credit they deserve. It is past time for society to change its perspective on women. Professionally, they must be regarded as equals with their male counterparts.

Because coordinated and integrated measures are essential to ensure the survival, safety, and empowerment of girls, the government has launched the “Beti Bachao, Beti Padhao” programme. Sukanya Samridhi Yojana, a modest deposit plan for the female child, was also introduced as part of the Beti Bachao, Beti Padhao campaign, to prevent gender-biased sex selection elimination and assure the survival and protection of a girl child. Other initiatives include Mahila-E-Haat (a women’s online marketing platform), Mahila Shakti Kendra (a rural women’s empowerment organisation that provides skill development, digital literacy, employment, and health care), and UJJWALA (a women’s empowerment initiative) (scheme for prevention of trafficking and rescue, rehabilitation of women).

The Indian government has currently created and implemented a total of legislation empowering women and girls. These are:

• The Prohibition of Child Marriage Act,2006
• Sexual Harassment of Women at Workplace Act, 2013
• National Commission for Women Act, 1990
• Indecent Representation of Women ( Prevention) Act, 1986
• Equal Remuneration Act,1976
• Medical Termination of Pregnancy Act, 1971
•  Indian Divorce Act, 1969
• Dowry Prohibition Act,1961
• Medical Termination of Pregnancy (MTP) Act ,1971
• Special Marriage Act, 1954

WOMEN’S HUMAN RIGHTS UNDER CONSTITUTIONAL FRAMEWORK

• Article 14 guarantees the right to equality.
• Right against Discrimination- No citizen should be subject to any handicap, liability, limitation, or condition, based solely on religion, race, caste, sex, place of birth, or any combination of these factors
• Consider stores, public restrictions, hotels, and public entertainment venues. The usage of wells, tanks, bathing Ghats, highways, and public resorts is funded entirely or partially by state money or is devoted to the general public. However, under Article 3(3), the state may make special provisions for women as an exemption to the non-discrimination requirements.
• Equal Opportunity in Public Employment- Women have equal opportunities in government employment because there is fairness and equality for all common people, whether males or females, in respect of employment, occupation, or appointment to any office under the state, and no citizen can be unqualified for or discriminated against in respect of any employment or office under the state solely based on religion, race, caste, sex, descent, place of birth, residence, or national origin.
• Right to Freedom of Expression- Women have the right under Article 19 (1) (a) of the Indian Constitution to speak out on any issue that affects them.
• Right to work- Recognizing such a right in its structure, the Indian Constitution, in article 19 (1) (g), grants the right to work to Indian women by giving freedom of employment, profession, and business to all citizens.
• Right to Life and Personal Liberty- Article 21 of the Indian Constitution guarantees all women and men the right to live freely.
• Right against Exploitation- Article 23 of the Indian Constitution safeguards against human trafficking and bonded labour, acting as a safeguard for women’s protection and ensuring their right to work.
• Right to Livelihood- Article 39 (a) states that all citizens, men and women alike, have the right to an adequate means of subsistence. Article 23(3) of the UDHR recognises the same right, stating that everyone who works has the right to reasonable and favourable payment.
• Equal Pay for Equal Labor- Article 39 (d) of the Indian Constitution states that the state should, in particular, direct its policies toward ensuring equal pay for equal work for both men and women.
• Just and Human Working Conditions and Maternity Relief- Article 42 of the Constitution states that the state must provide for just and humane working conditions as well as maternity leave.
• Right of Constitutional Remedies- If any of these fundamental rights are violated, the aggrieved woman can approach the Supreme Court and High Court and file a writ petition under Article 32 and Article 226 to seek redress; however, there is no such mechanism available in the case of Directive Principles of State Policy, which are not enforceable by any court with writ jurisdiction.

CONCLUSION AND SUGGESTIONS

Despite these accomplishments and improvements, there are still considerable issues with implementing these standards. These are graphically shown in the Secretary General’s assessment of conflict-related sexual assault in 2012. Gender-based violence prevails in many settings, and women have restricted access to justice, decision-making, and resources. Previous Secretary-General reports also emphasized the remaining barriers to women’s participation in peace processes and presented extensive ideas and policy measures for United Nations agencies to overcome these barriers more effectively in partnership with other stakeholders.

These unresolved challenges highlight the value of a holistic approach. Because human rights are linked and interdependent, women and girls’ rights in war and post-conflict settings must be prioritised, including civil and political rights as well as social, economic, and cultural rights. The same holds for peace and reconciliation reforms: safeguarding the human rights of all women and girls is important for comprehensive post-conflict development.

For example, achieving socioeconomic rights is crucial for decreasing gender-based violence and allowing women to take more active roles in reconciliation. Absolute poverty and unequal access to land, property, education, and services have been mentioned as reasons for women’s low participation in peace processes and politics, and structural differences, notably socioeconomic inequality, are regularly recognised as underlying causes of gender-based violence. As a result, treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Economic, Social, and Cultural Rights play an important role in ensuring women’s rights during and after the war.

CITATIONS

1. Sustainable Development Goals, https://www.un.org/sustainabledevelopment/gender-equality/
2. Women’s Rights- Amnesty International, https://www.amnesty.org/en/what-we-do/discrimination/womens-rights/
3. United Nation Population Fund; study on the Human rights of Women, https://www.unfpa.org/resources/human-rights-women
4. UN Women, https://www.unwomen.org/en/about-us/about-un-women   

The article is written by Ajita Dixit, who has graduated from ILS, Dehradun and is presently pursuing Master’s in Law.