RIGHTS OF WOMEN AND CHILDREN

This Article is written by Diprava Ghosh

ABSTRACT:- The fierce egalitarianism that is deeply ingrained in Indian culture longs to surface, but our people’s persistently disruptive and unhelpful behaviour prevents this way of life from advancing and thriving in our community. Undoubtedly, the social structure of our society places various challenges in the path of women and children. Legal protections that support the individuals can reduce some of the issues. Indian law has played a part in ensuring that people have access to their rights, while there is still need for improvement and public education. We’ll be looking at laws that primarily support women and children. By virtue of being a human, every person is entitled to a certain set of fundamental liberties. These liberties are inalienable and cannot be curtailed for any reason. Everyone in the world has access to human rights, regardless of their nationality, sex, origin, religion, language, or any other status. The United Nations Universal Declaration of Human Rights was signed and ratified in 1948 in response to the horrors and significant human casualties of World War II. As a result, human rights are mutually dependent, connected, and undivided. These liberties are unalienable and universal. In this essay, we’ve done study into how human rights are not only fundamental freedoms but also a duty that the government has.

KEYWORDS:-UDHR, United Nation’s Convention, women, children, social justice.

INTRODUCTION:- The struggle against the exploitation of one person by another is the history of human rights. Its foundation is the acceptance of fundamental rights based on the idea of the inherent dignity and worth of every person. Although the concept of human rights predates the history of human civilisation, the word “human rights” is relatively new. Human rights have a long and complex history. The individual’s fight against injustice, exploitation, and contempt has been central to the history of mankind. Human rights are liberties mandated by a tradition or an international agreement that impose moral standards on all countries. In contrast to civil liberties, which are rights guaranteed by the law, human rights are fundamental freedoms. A society is a complicated collection of people who work together to form a complex social structure, and a legal system controls this complex collection of people. A legal system is what maintains an orderly and stable society. However, it is simple to assert that rules are supposed to safeguard all people and that doing so is a step toward realizing the idea of a perfect society. As events unfold, the actual application of these rules stands in stark contrast to the legal environment because, in practice, they are often amended and bent to better serve a certain segment of society. The law, according to Antonio Gramsci, “is more an expression of the ruling class, which imposes on.

RIGHTS OF WOMEN:- The D-time, or the 1970s, saw the beginning of feminist campaigns in India. Finally, it recognized the beginning of their efforts to reclaim their long-lost human dignity by legal means. The horrifying occurrences that occurred around the nation opened people’s eyes to the heinous horrors that the women were subjected to, even though the movement didn’t receive much attention or public scrutiny.

The Mathura case, where the gendered language made the victim herself the offender, the seriousness of sexual assault during the Gujrat riots, and the Ripen Diol Baja case, where a ‘seemingly’ minor incident caused the national media to defend the offender are some of the cases that are difficult to forget and have up until this point served as a reminder. The D-time, or the 1970s, saw the beginning of feminist campaigns in India. Finally, it recognized the beginning of their efforts to reclaim their long-lost human dignity by legal means. The horrifying occurrences that occurred around the nation opened people’s eyes to the heinous horrors that the women were subjected to, even though the movement didn’t receive much attention or public scrutiny.

Human Rights for Women Within the Constitutional Framework

All other laws in India are governed by the regulations of the Indian Constitution, which is regarded as the supreme law in the country. “Justice”—social, economic, and political—”Liberty”—of thinking, speech, belief, and worship—”Equality”—of status and of opportunity and dignity of the person and the integrity of the nation—”are guaranteed for all its citizens by the Indian constitution.” The introduction of the Indian constitution, in similar words, protects the fundamental human rights of all men and women From the standpoint of women’s human rights, however, a special protection has also been given to women under the provisions of the constitution.

Right to Equality under Article 14: According to Article 1 of the UDHR, all people are born free and with equal rights, and Article 7 establishes equality before the law. Because the state cannot refuse any person equality before the law or equal protection under the law on Indian territory, women have the same legal standing as males under the country’s constitution.

RIGHT AGAINST DISCRIMINATION:-

Article 2 of the UDHR guarantees that all rights and freedoms are unaffected by discrimination. Equal protection against discrimination is also discussed in Article 7. Because the state cannot discriminate against any citizen solely on the basis of religion, race, caste, sex, or place of birth, Indian citizens are also not subject to sex discrimination by any government entity.

Furthermore, no citizen will be subject to any disability, obligation, limitation, or condition with respect to:

Considering stores, public restrictions, hotels, and entertainment venues

The use of Wells, Tanks, Bathing Ghats, Highways, and Public resorts to partially or completely maintain.

RIGHT TO FREEDOM OF SPEECH AND EXPRESSION:- According to article 19 of the UDHR, everyone has the right to freedom of speech and expression. Women have the right to speak out on any issue that affects them thanks to Article 19 (1) (a) of the Indian Constitution, which grants everyone the right to free speech and expression.

RIGHT TO WORK:-Article 23(1) of the UDHR affirms everyone’s right to the opportunity to choose their own employment, to fair and favourable working conditions, and to protection from unemployment. As a result of the Indian Constitution’s recognition of this right in its design, article 19(1)(g) grants Indian women the freedom to labour in any occupation, profession, or business.

RIGHT TO LIFE AND PERSONAL LIBERTY:  Article 3 of the UDHR recognizes the rights to one’s own life, liberty, and security. As part of the constitutional assurance that no one may be deprived of their life or personal liberty unless in accordance with established procedures, Article 21 of the Indian Constitution also grants all women and men the right to live as they see fit.

RIGHT AGAINST EXPLOITATION:   Article 5 of the UDHR protects against torture and other cruel, inhuman, or degrading treatment. Article 23 of the Indian Constitution provides protection from human trafficking and bonded labour, acting as a barrier for women’s safety and guaranteeing their right to employment. The Suppression of Immoral Trafficking in Women and Girls Act, 1956, afterwards known as the Immoral Trafficking (prevention) Act, was passed by the Indian parliament to carry out the concept of this article. The state is required by the Constitutional Scheme of Directive Principles of State Policy to protect the notion of women’s rights in society. The pertinent articles in this regard are as follow.

EQUAL PAY FOR EQUAL WORK:   In Randhir Singh v. Union of India, the court declared that “equal pay for equal work is applicable to both men and women.”

• Article 7(a) of the ICESCR ensures that all state parties must ensure fair redress and equal wages for equal work.
• Article 39(d) of the Constitution of India provides equal pay for equal work for both men and women.
• In state of Madhya Pradesh v/s Prod Bhatia Supreme Court held that equal pay for equal work, it is self evident, is implicit in the doctrine of equality enshrined in Art.14 it flows from it.
• Supreme Court in Randhir Shing v/s Union of India held that equal work it is a Constitutional goal and it is enforceable under Art.32 of the Constitution.

RIGHT TO MARRY OR LIVE WITH ANYONE OF CHOICE:   The court’s landmark decision in Lata Singh v. State of Uttar Pradesh put an end to the issue of “honour killing” due to inter-caste or inter-religious marriage and affirmed a woman’s right to personal autonomy regarding her choice of partner.

RIGHT TO A SUFFICIENT MEANS OF SUBISTENENCE:   According to Article 39(a), every citizen, whether a man or a woman, is entitled to a sufficient means of subsistence. Article 23(3) of the UDHR, which states that everyone who works has the right to just and suitable remuneration, recognises the same right.

MATERNITY RELIF AND JUST AND HUMAN CONDITIONS OF LABOUR:  Article 42 of the Constitution mandates that the state make provisions for maternity relief and just and human conditions of labour.

Right to Constitutional Remedies: If one of these fundamental rights has been  violated, the aggrieved woman may file a writ petition under Articles 32 and 226 and go before the Supreme Court or the High Court 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. Such ideals must be put into practise by the state through its policy. As a result, the state has a moral obligation to carry out the Directive Principles of State Policy.

RIGHTS OF THE CHILDREN:-

Children are frequently referred to as the face of God because they possess a purity that adults lose when they succumb to the hunger that the dark side of the worldly world offers. Perhaps this is the cause of yet another group feeling vulnerable and bound together. They may be forced to get married in order to preserve marriage as a socially and religiously sanctioned institution, or they may be subjected to sexual exploitation or forced to labour in appalling conditions. These rights serve as a beacon for the government or the relevant guardians/institutions in protecting the very innocence that youth offers, which eventually aids in determining the destiny of our nation. And via their courts.

RIGHT TO EDUCATION:   The Supreme Court ruled in Mohini Jain v. State of Andhra Pradesh v. Unni krishnan v. Right to Life in Article 21 of the Indian Constitution that the right to education is a fundamental right that follows from that right. As a result, the benchmark 86th amendment to the constitution was made in 2002 with article 21 A reading “The State shall provide free and compulsory education to all children from six to fourteen years, in accordance with the State.

RIGHT TO A SAFE ENVIRONMENT IN SCHOOLS & RIGHT AGAINST EXPLOITATION:-

All children have the right to education in a safe setting, according to the court’s additional interpretation of the right to education amendment in Avinash Mehrotra.

Article 24 of the constitution forbids the employment of minors under the age of 14 in industries and any dangerous procedures, which, after later interpretation and revision, has been expanded to encompass domestic, hotel, and restaurant work.

RIGHT TO A MINIMUM STANDARD OF LIVING THAT ENSURES HUMAN DIGNITY:-   In Vikramdeo Singh Tomar v. State of Bihar, the court noted the appalling conditions present in care facilities run by the State of Bihar for women and children and ordered the State to make improvements and provide at least the minimal standards of living that ensure human dignity.

Further the Draft National Policy and Charter for Children, 2001 provides several other rights like :

• Right to Survival : (Article 1 )
• Right to health and nutrition (article 2 &3)
• Right to a Standard of Living (Article 4)
• Right to Play and Leisure (Article 5)  
• Right to Protection 
• Right to participation: According to the UN Convention on Child Rights, Children have the right to participate in decision making and due weight should be given to their opinions, according to their opinions, age, and maturity.

SENIOR CITIZEN RIGHTS:

Ironically, in a nation where elders are revered at all stages of life, their survival is threatened with an all-time great threat. The lack of an institutional medical system or community care programmes to support the elderly in India has become apparent with the changing dynamics of the family structure, namely the rise in the number of nuclear families. This particular age group deals with a variety of challenging circumstances, such as financial strain, emotional care, urgent medical issues, legal battles, etc. It is quite concerning that this population has been marginalised because it has resulted in social isolation, making it difficult for them to live fulfilling lives.

RIGHT TO LIVE WITH DIGNITY:-   In Senior Citizen Welfare Organisation & another v. State of Uttarakhand & Anr, a two-judge panel of the Uttarakhand high court issued a number of necessary directives that the state may abuse. Where it has been established that it is the state government’s responsibility to defend senior persons’ dignity and decency as well as their life, liberty, and property. They can’t be allowed to live out their final years unsupervised. Since our country is a welfare and socialist state, it is envisaged that all elderly citizens will be assisted by the state government in maintaining old age homes and living in a decent manner.

The right to own real property and to avoid eviction.

RIGHT OF PEOPLE WITH DISABILITY:- The average employment rate of people with disabilities is 0.28 percent in the private sector and 0.54 percent in the public sector. According to a recent WHO survey, 87 percent of people with disabilities in India work in the informal sector.

Furthermore, children with disabilities are 3.7 times more likely to be victims of any type of violence, 3.6 times more likely to be victims of physical abuse, and 2.9 times more likely to be victims of sexual assault than non-disabled children. Children with mental or intellectual disabilities appear to be among the most susceptible, with a 4.6-fold increase in the probability of sexual violence compared to their non-disabled classmates. Whereas violence against adults with disabilities discovered that they are 1.5 times more likely to be a victim of violence than those without a disability, those with mental health disorders are nearly four times more likely to be a victim of violence. Children with mental or intellectual impairments appear to be among the most vulnerable, with 4.6 times the risk of sexual violence than their non-disabled peers. Whereas violence against adults with disabilities found that overall they are 1.5 times more likely to be a victim of violence than those without a disability, while those with mental health conditions are at nearly four times the risk of experiencing violence. 

As the world’s largest democracy, it is necessary for the government to address their requirements and give rights from which the society has strayed.

RIGHT AGAINST DISABILITY DISCRIMINATION:– In Deaf Employees Welfare Association v. Union of India, the court overturned a system that, based on its analysis, assumed that certain disabilities hampered daily functioning more than others. The court also ruled that government employees who are deaf or mute should receive the same transportation benefits as those who are blind or have orthopaedic disabilities.

The court stated in Government of India v. Ravi Prakash Gupta, “It is only logical that, as provided in Section 32 of the aforesaid Act, posts have to be identified for reservation under Section 33, but such identification was meant to be undertaken concurrently with the Act’s coming into operation, to give effect to the provisions of Section 33 . The legislature never intended for the provisions of Section 32 of the Act to be used as a means of preventing certain categories of disabled people from receiving the benefits of Section 33. The provisions relating to the obligation placed on the relevant authorities to make appointments in every establishment are undermined by such a claim.

Additionally, through Disabled.

CONCLUSION:-

True equality won’t exist until women and girls have complete access to all of their rights, including those related to sexuality, freedom from violence, access to education, and maternal health. Economies and nations won’t change until women have assumed leadership and peace making responsibilities and have an equal political voice. And only then will all women and girls possess the right to self-determination. The reality cries out to be different from the legal framework, despite the fact that rights are provided that are solely intended to protect the interests of women, children, the elderly, and people with disabilities. They have long struggled to be acknowledged and to live with even the most basic forms of human decency. They have long been disregarded and looked down upon. But that’s over. This system, whereby those who meet certain requirements are finally granted the right to a healthy life, ought to be abolished. Even if many rights may have been established and brought about, the oppressive cycle still exists after so many years of people struggling to be heard. There should be a rise in legal awareness.

REFERENCE:-

1. https://pib.gov.in/pressreleaseshare.aspx?PRID=1579546
2. https://legalaid.nmims.edu/rights-of-women-and-children-in-india/
3. https://lawbhoomi.com/human-rights-rights-of-women-children-old-and-people-with-disablity/
4. https://factsforlife.org/pdf/pub_humanrights_children_en.pdf