Fundamental right to equality to women guaranteed under the Indian Constitution is a myth or fiction ?

9th April 2009

FUNDAMENTAL RIGHT TO EQUALITY GUARANTEED TO WOMEN
UNDER THE INDIAN CONSTITUTION IS A MYTH OR FICTION ?

1. Way back in 1789, personal liberty and equality to women as human rights were incorporated in Magna Carta 1215 to American Constitution. Later on, they were followed in Great Britain. They were recognized by Universal Declaration of United Nations in 1948. Dr. Babasaheb Bhimrao Ambedkar incorporated them under Articles 14 and 15(1) and (2) and under Article 16(1) and (2) of the Indian Constitution which was brought into force on 26-1-1950. Women in India constitute about an one half of the population of about 1.2 billion. Even after about 60 years’ rule, do the women of India have equal civil, economic, social, political and personal liberty, as that of men ? So, the women in India must awaken themselves and carefully exercise their voting rights to vote out the Political Parties who have ruled India for the last about 60 years at the Centre but vote for change and vote BSP headed by a Dalit Sister Advocate Mayawati for proper implementation of the various provisions of the Indian Constitution so as to achieve their fundamental right to equality and personal liberty.
2. In 1979, it was adopted in the United Nations’ General Assembly as U. N. Convention for Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW laid Foundation and Universal Standard for Women equal enjoyment of human rights without discrimination, such as, civil, political, economic, social and cultural rights.
3. In 1990, National Commission for Women Act, 1990 was passed to liberate women from hitherto unjust social, political and economic subjugation and suppression of women’s human rights, such as, (1) sexual exploitation, abuse and assault, (2) rape, (3) forced prostitution, (4) female infanticide, (5) domestic violence, (6) dowry death, (7) sexual harassment of women at workplace, and (8) all other forms of atrocities against women. Women’s rights were ratified in the World Vienna Human Rights’ Conference in 1993.
4. In 1993, Equal Remuneration Act, 1993 was passed defining “Human Rights” as meaning “Rights relating to Life, Liberty, Equality and Dignity of an individual women as per Indian Constitution”. National Human Rights Commission and National Commission for Women was constituted to protect women’s human rights viz:-
(a) Right to live with Dignity.
(b) Right to privacy of women – Held – is available to even women of easy
virtue and prostitutes. These rights include –
(1) Right to or not to bear or beget a child.
(2) Right to be or not to be a parent.
(3) Right to or not to use contraceptive.
(4) Right to or not to sterilize oneself.
(5) Right to have sex without the nuisance of a child.
(6) Right to have child without the nuisance of sex by artificial insemination.
(7)(a) Right to abortion of foetus irrespective of whether it will affect Right to Life
of unborn child – irrespective of whether an unborn child is a person
covered under Article 12 of the Indian Constitution.
(b) Whether an unborn has life and if an unborn has life, when life begins ? –
because some believe, life begins immediately after conceiving – and –
some others believe that life begins only after completion of first trimester.
© Right to protect oneself from sexual harassment.
(d) Right to reproductive freedom.
(e) Right to terminate pregnancy arising out of the concept of personal liberty.
5. The State has introduced Reservation for Women in Public Employment and Admissions into Educational Institutions and Legislatures at-least at the Local Self Governmental level. The State has also passed very many Acts but their implementation has been half hearted or tardy - the idea being not to give full effect to constitutional provision of equality to women and their personal liberty but to while away the time. As a result, fundamental right to equality guaranteed to women under the Indian Constitution as that of men, so also equal right to political representation of women in Parliament and State Legislatures, has become a myth or fiction in India, so far. Some of the said Acts are as follows :-
(a) The Maternity Benefit Act, 1961.
(b) The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
(c) The Dowry Prohibition Act, 1961.
(d) The Protection of Women from Domestic Violence Act, 2005 -
to cover (i) violence within Family (ii) violence within general Community (iii) violence condoned by State.
(e) IPC provisions against Domestic violence and demand for Dowry
(f) Hindu Succession (Amendment ) Act, 2005 – to give equal rights to daughter on par with son.

6. I am sure, an equal Political Representation of Women in Parliament, State Legislatures so also in Village Panchayats in accordance with the provisions of the Indian Constitution, coupled with an equal Economic Empowerment of Women of all Communities including Christian Community in India and free and compulsory Education of Women, are crucial to undo the hitherto heaped injustices, Domestic Violence as well as Dowry Harassment against Women.
JOSEPH NADAR