SOCIO-LEGAL ISSUES: ISSUES RELATED TO WOMEN

Table of Contents

Laws Relating To Women

November 25 is observed as International Day of Elimination of Violence against Women. But this year, due to Covid – 19, domestic violence has increased. Women Organizations and bodies are pushing government to take measures to protect young girls and women caught in the cycle of violence. This United nation has come forward to end gender-based violence. The 2020 Campaign: Theme: ORANGE THE WORLD-FUND, RESPOND, PROTECT, PREVENT AND COLLECT. This Year Vice – President also made a call to end violence against Women. He said Where Women are respected diversity blossoms there. The aim is to raise awareness among Women and Girls against violence. In the Indian Constitution’s Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles, the principle of gender equality is incorporated. The Constitution not only guarantees women’s equality, but also authorises the government to take affirmative discrimination measures in their favour.

On the hand this 25^th November is celebrated worldwide in the memory of 3 sisters. The International Day is instituted by the United Nations General Assembly in December 1999.This Day is commemorated in Memorary of Mirabal Sisters who were 2 Political Activists from the Dominican Republic. They were brutally assassinated during the Rafael Trujillo Dictatorship in 1960. Violence is segregated into different types like physical, sexual or psychological harm or suffering to women including the threats of Coercion, Forcing or threaten or pointing a gun on her forehead.

Below are some of the alarming figures:

1 in 3 Women and girls Exercise physical violence.
750 million women or girls are married off before their 18^th
200 face the situation of female foeticide every year
1 of 2 women are being killed by their husbands
71% of girls in India are victims of human trafficking.

These are alarming rates, Government, ngo and individual should come forward and help in dropping these figures.

How grave the situation is?

Rape, Human Trafficking, Female Genital Mutilation and Child marriage. A lot of violence is faced at the workplace. Despite women getting education, they continue to face unequalness. Women’s demands will be better met by the legal-judicial system, which will be more responsive and gender sensitive, particularly in cases of domestic violence and personal assault. New laws will be enacted, and existing laws will be examined, to ensure that justice is served quickly, and that the punishment meted out to the perpetrators is proportional to the seriousness of the crime. The Policy would strive to support changes in personal laws such as those pertaining to marriage, divorce, maintenance, and guardianship to eliminate discrimination against women, at the initiative of and with full participation of all stakeholders, including community and religious leaders. Women’s subordination has been exacerbated by the emergence of property rights in a patriarchal system. The policy’s goal would be to support changes in property ownership and inheritance rules by reaching a consensus in order to make them more gender-equal.[1]

Legal Provisions has been laid down for Protection of Women and girls in Society: Some of these are POSCO ACT- Protect the minors
Sexual harassment at workplace Act, 2013: To provide Safe and Secure Environment.
Protection of women from Domestic violence Act, 2005
Dowry Prohibition Act: Accused will be punished under section 498A of IPC
Amendment in Labour laws: In this around 50lakh ladies have been benefitted and ladies can work at night shift also.
IPC: Stringent Provisions after in case of Nirbhaya case, after Justice Verma Committee set up. Amendments in 2013 in rape laws were:
Revealing the identity of a Rape victim is an offence.
Custodial Rape – a burden of proof lies with men and if a women victim makes a statement that she didn’t consent.
Unsound mind, there will be no valid consent.
Forced sexual intercourse by a husband with his wife, which is living separately, imprisonment – 2years or fine.
Section 114A of Evidence Act amended Custodial rape, here burden of proof on accused.
Under Section 327 of Crpc: Publication of Rape trials without the Courts Prior approval will be a bailable offence.
Attempt to Rape: Half imprisonment, if however the Act doesn’t go beyond preparation, it comes under section 354 of IPC which deals with outraging the modesty of women.[2]
In 2013, which new crimes are added, let’s have a look into it Stalking , Acid violence, voyeurism, expands definition of rape , all health care providers give survivors of sexual violence free medical aid will be provided to them.
Note: In rape laws, 2013, what do new laws doesn’t cover? Let’s have a look over it: Section 377, Marital Rape, Armed forces in disturbed areas is still effectively immune from prosecution for rape and sexual assault.

Schemes for Empowerment of Women:

Matru Vandana Yojana: Economic support, timely checkups, Consecutive support should be there, cash incentive rupees 6000 and till date around 50, 00,000 women are benefitted and self sufficiently handles their basic needs.

The government has opened Sainik schools for girls. Women can work night shifts. Appointment of Women in Military Police, till date 83 women are inducted into military police. Around 1000 Fast Track courts are being opened up. Women Help Desk in the Police station has been set up.

SUGGESTIONS:

Legal Literacy Camp should be there.
Proper counselling
Special Court with Women Judge
Stringent laws
Zero FIR needs to be there
Assistance at the police station
A list of Advocates willing to act in these types of cases should be kept at the police station for victims who didn’t have a particular lawyer in mind or whose lawyer was unavailable
There should be quicker trials and compensation.

Conclusion: As the Constitution of India, enlighten us with equality among everyone, for this the laws are made for Women and Girls but there should be a proper check and balances to look after these laws. People must be educated and socially aware in order to modify their attitudes regarding the concept of gender equality. By enacting a consistent law, it is also necessary to focus attention on changing social attitudes in favour of equality for all.