Discrimination Agrainst Women, (Legal essay)
It is said that the development of a particular society is measured by the status of woman held in that society. There was a time when women were respected as Devis. They were protected and sheltered and this status suffered a set-back from medival period onwards. Discrimination against women starts from the day a girl child is born. When a baby girl is born there is a general gloom in the family, contrary to the birth of a baby boy whose arrival on earth is celebrated with much pomp and joy. There may be few exception to this, but generally a girl is considered as a liability.
Discrimination between men and women is contrary to the concept of civilized society. In the materialistic world the gravity and in intensity of family, rather social relationship is determined in terms of money and material. It is true that in the modern era, the human value is indiscriminately abused. Inspite of empowerment of women by means of special legislations, present day women are subjected to physical and mental violence at home and also at work place.
Discrimination of women as a global problem
Violence against women and girls is a global problem, and ending it requires a ‘big picture’ approach. A common theme is the need for institutional reform: victims of violence often find it extremely difficult to obtain justice, whether due to inadequate legal frameworks or to failures by the police and judiciary. In some countries, domestic violence isn’t even recognised as a crime. It is sadly not surprising that much violence that women suffer is never reported to the authorities, and that perpetrators go unpunished.
The Dissertation on Communal Violence in Indian Society
CAUSES OF COMMUNAL VIOLENCE IN INDIAN SOCIETY A chimaera, in Greek mythology was a monster with a lion’s head, a goat’s trunk, and a serpent’s tail, more generally it meant a composite animal. Throughout the ages, painters and writers of fantastic tales have been fond of creating chimaeras. My own favourite brain- child is the momiphant. He is a phenomenon most of us have met in life: a hybrid who ...
Conflict and environmental degradation compound the problem in many contexts, leaving women even more vulnerable to violence. Soldiers and militias commonly use rape as a weapon of war. As climate change affects the availability of water, food and firewood, especially in sub-Saharan Africa, women have to travel longer distances to fetch supplies, putting them at greater risk of molestation, harassment, rape and beatings.
We cannot treat these issues in isolation; they are part of a bigger picture of systemic discrimination against women. Different forms of violence against women, in different places, are all rooted in deeply ingrained social norms that portray women as less than men.
These norms, often embedded in traditional or religious discourses, create an environment where unequal treatment is acceptable. They strip away women’s autonomy denying their fundamental right to self-determination. Violence – whether in the form of beatings, bullying, forced marriage or female infanticide – becomes a tool to keep women and girls ‘in their place’.
This discrimination runs so deep that it negatively affects every aspect of women’s lives and undermines development efforts. We cannot succeed in giving girls and boys equal access to education when 60 million girls are sexually assaulted on their way to school – or even at school every year. We cannot improve maternal health when 25,000 girls are married every day before they turn 18, often leading them to bear children before their bodies are ready. We cannot expect women to contribute to the economic development of their communities when they may not even have agency within their families, or their marriage.Yet it is precisely because these norms affect every aspect of society indeed, every aspect of girls’ and women’s lives that we stand to make the most significant change by addressing them.
The Essay on Save girl child to save your future
India is growing dynamically in every field. Today, the boom in economy, innovative technologies and improved infrastructure has become nation’s pride. In India dynamic and vibrant universities, I.I.I.T’s, Schools & Colleges were setup to changing the global trends. The country has witnessed advancements in all fields but bias against a girl child is still prevailing in the country. In order ...
Discrimination Against Women in India.
Discrimination against women is probably a world-wide phenomenon. The founding fathers of our constitution ensured equality for all. Article 14 and 16 of the constitution vouch-safes this. Article 15 states that a state shall not discriminate among any citizen on the ground of sex, religion etc. Article 39 provides for all the citizens- men and women equally to have the right of adequate means of livelihood and there shall be equal pay for equal work for both men and women.
The main social legislations are:
1.) The Dowry Prohibition Act 1961
2.) The Medical Termination Pregnancy Act 1971
3.) The Child Marriage Restraint Act 1976
4.) The Equal Remuneration Act 1976.
Inspite of all these human right proclamations and various constitutional provisions enshrined in the Constitution to remove discrimination against women certain developments in India is shocking to the Psyche of every right thinking individual in India.
The recent events in Salem District in Tamil Nadu where a baby girl is killed as soon as she was born is a burning example. Large hue and cry was created on this issue by Human Right Activists and Women Organisations.
Advocate, High Court of M.P., Jabalpur Adopted a novel scheme to cope up with this situation. They have come up with a unique scheme to adopt an abandoned girl child under the scheme known as ‘Cradle System’ Under this scheme in every Panchyat there are certain cradles kept and anybody who feels that they do not want a baby girl can leave the child in the cradle without informing the identity of the child, thus abandoned The Government thus adopts these children and bring them up and make them worthy citizens thereby to bring them to the main stream of life, is a commendable step taken by the Govt. But a survey recently conducted in these districts shows that there is not much awareness among the villagers about this scheme and the infanticide of baby girls still continues. This one incident shocks the conscience of the society.
Another incident that require attention of Women Activists and social workers is large scale suicides committed by young girls. A recent survey conducted in all over lndia shows that the suicide rate is higher in Gujrat and Kerala.
The Term Paper on Sex Discrimination Women Act Sexual
For many decades, women in Australia have been subject to inequality and unfairness in a wide range of areas in employment. They have been discriminated based on gender, marital status, pregnancy and family responsibility. As well as this, many women have faced the most common form of discrimination based on sex - sexual harassment. In the past years, however, the legal system of Australia has ...
Recently, the Times of lndia has published certain statistics with regard to the status of women. The study reveals that – the status of women has not improved much since independence, even though there is a marginal improvement in the field of health. The sex ratio of women per thousand has fallen from 972 in 1901 t 927 in 1991. Literacy rate of women is 39% (All lndia rate).
Another study conducted during 1993-94 reveals that 113 of the girls enrolled, drops out before completing primary education. Crime against women has increased very much than during 1986,7322 rape cases have been reported, but in 1993 it rose to 11,117.
The only brighter aspect of this is that there is an overall awareness among women regarding their rights and duties. The women’s movement has contributed to spreading awareness about crimes and violence against women and there is a greater mobilisation of women groups and reporting crimes against women. The United Nations Human Development Report (HDR), 1995 has rated lndia only on 101 out of 116 countries in the globe regarding the participation of Indian women in the economic, political and provisional life of the country”.
According to a census cenducted by the Bombay University, the work participation rate of women has risen from 1422 in 1971 to 2227 in 1991. More than 90% of the women are employed in the unorganized sector. This sector includes contract workers, domestic helpers and agricultural labour. These types are characterised by low job security, lack of collective bargain power and poor wages and exploitative working conditions.
Even though constitution gives equal status for men and women in the field of job, the legislature did make some discrimination against women in the matter of job and some of the leading cases wherein these victims have successfully agitated this cases before the court of law areas under:-
I. The famous case of CB Muthamma
Union of lndia (AIR 1979, Supreme Court page 1868), details about the sufferings a senior member of the lndian Foreign Service has to under go for Getting promotion. She has gone to the court for quashing rule which say’s female I.F.S. Officers have to get permission from Govt. before they get married. And after marriage with her official duties she will be called upon to resign. While dealing with the case, Hon’ble Justice Sri Krishna layer at the outset of the petition itshelf has narrated thus:-
The Term Paper on Anti-Discrimination CASE NOTE
INTRO The Anti-Discrimination Act 1991 (Qld) aims to ensure equality among society yet it appears the recent amendment specifically allows discrimination.1 This judgement will be assessed on the basis for the appeal application, the judgements and the issues and questions which this case raises. I FACTS GK was a self-employed sex worker. GK periodically stayed at the Drovers Rest Motel at Moranbah ...
“This Writ petition by Miss. Muthamma, a senior member of the lndian Foreign Service, be speaks a story which makes me wonder whether Arts. 14 and 16 is a much or reality. The credibility of constitutional mandates shall not be shaken by governmental action or inaction but it is the effect of the grievance of Miss. Muthamma that sex prejudice against Indian womenhood pervades the service rule even a third of a century after freedom. There is some basis for the charge of bias in the rules and this makes the ominous indifference of the executive to bring about the banishment of discrimination in the heritage of service rules. if high officials loose hopes of equal justice under the rutes, the legal lot of the little Indian, already priced out of the expensive judicial market, is best left to guess.
The above judgments go to show the anxiety of our courts in striking down discrimination against women. Now I am giving certain benefits given to women under Labour law:-
1).
Equal Remuneration Act, 1976.
An important enactment which is in favour of women is Equal ~emuneration Act, enacted by the Parliament on I l t h February, 1976 (Act No. 25 of 1975).The Preamble of the Act quotes as under:-
“An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against women in the matter of employment and for matters connected therewith an incidental thereto.”
Thus the Act is meant for providing equal remuneration to men and women and they should not be discriminated on the ground of sex in the matter of employment. This Act was further amended in add. 1987 which prevent any discrimination with regard to their working conditions subsequent to their recruitment such as promotion, transfer, training etc.
The Term Paper on Maternity Leave Women Pregnancy Discrimination
Nowadays, 20 th Centuries, many people would like to enhance or want to achieve the feminism in the society. However, it is hard to achieve it. It is because male and female are very different from their physical and mental thinking. They work as different behaviour in different workplace. The pervasive popular media promotes a stereotype of male and female roles, which is generally inaccurate and ...
(2).
Maternity Benefit Act, 1961 (as amended from time to time, latest amendment during 1995)
The benefits given to Women under Sec.4 of this Act are as under:-
Employment of, or work by, women prohibited during certain period. –
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery (miscarriage or medical termination of preganancy)
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery (Miscarriage or medical termination of pregnancy)
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on request being made by her in this behalf, be required by her employer to do during the period specified in sub-section
(4) any work which is of an arduous nature or which involves long hour of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriige or otherwise to adversely affect her health.
(3).
Factories Act, 1948 (As amended from time to time – ate st amendment during 1987).
Under this Act, a women is exempted from doing hazardous job.
Under Sec, 48, prohibits that any other factory where more than 30 women are working there shall be a cresh for the children of the women employees under the age of 6 years.
Under Section 66 women are prohibited to do any work during
night shift.
(4) Mines Act, 1952 (As amended from time to time Latest amendment during 1983).
Under these Act, section 46 prohibits women from working under ground.
They are not permitted to work during night i. e. from 10 PM to 5
AM.
(5) Dowery Prohibition Act of 1961 as amended in 1984 and 1986, is totally a pro-women Act and intends to wipe out the social evil of dowery. Section 6 of this Act, the streedhan a girl brings to the husband’s home in hers only. The case of Pratibha Rani v. Sanjeev Kumar (reported in 1985 Criminal Law Journal Page 817) the
Hon’ble Supreme Court held that a property given to a woman by her parents at the time of marriage is her ‘Stridhana’ and belongs to her only. No one can claim a share on this. This decision enhanced the property right of women to a considerable degree.
Started University Time Work Make
I never realised how important time is until I started university. Getting the best out of you studies in university is forgoing one thing for another. (opportunity cost). When I first started university I was working full time. As time went by I realised that I just could not cope, so I decided to work part-time while studying. I can now cope better with my school work load and can produce a ...
Women are still experiencing sexual discrimination and harassment in offices, public transport etc. Large number of cases are reported about sexual harassment of women. Unless laws are enforceable strictly, this will continue. *
Various women activists and associations are agiiating on this aspect. The enactment of the Panchayati Raj wherein certain quota has been fixed for women representation is the outcome of such hue and cry, for getting better status for women in Indian Society.
Sex is determined not by choice and birth is an accident. Showing discrimination or denial of any right on the basis of sex is against the very system of any civilised society. Even though there are various enacted in favour of women, unless it is enforced properly women catmot benefit much out of this iegislation. We can only hope that the law enforcing agencies would bear this in mind and play their role in uplifting the status of women by enfor~’~.g laws strictly which are in the favour of women.
So from the above discussions we have found that discrimination against women takes place all over the world but in case of India the rate is very high.
In order to avoid discrimination the proper functioning of the Lagislature is utmost important as our experience reveals that laws are made to stop violence against women but it has either not properly implemented or not enforced strictly. Moreover the bureaucratic officers including Police and Army must perform their duties properly.
Education is the most important need of the hour to avoid superstitious beliefs that are likely to prove as a threat for women, from the society. Moreover it is through education that we can make the women aware of their rghts.
It is the responsibility of the male to give the women the respect they deserve in the society and to treat them as their counterparts.
The government must provide oppurtunities to the women so that they can maintain equality with men.
Thus, it is clear that we have miles to go for achieving equality between men and women.
Jayanta Boruah
