Women's Day - Some Thoughts
Every year we celebrate International Women’s day on march 8th
and this time around the documentary called ‘India’s Daughter’ rocked the world
with its content of Indian civic society’s mind which offers punishing women
who does not follow their cultural norms by raping them to death. The scenario
is more than alarming. Women remain as second class citizens.
The Indian polity more or less has always tried to cope with the
contemporary need based developments of laws for specified purposes. It is well
accepted by the thinkers, philosophers and academicians that if JUSTICE,
LIBERTY, EQUALITY and FATERNITY, including social, economic and political
justice, the golden goals set out by the preamble of the constitution are to be
achieved; the Indian polity has to be educated and educated with excellence.
One can only hope that Indian polity will be equipped with the successful
implementation of laws by powerfully implementing them.
Domestic violence has been recorded along the history of human
civilization. It can be seen as emanating from human’s basic desire to gain power.
Even though women have proved their capabilities in almost every sector
affirming that they are no less than men, domestic violence is still very much
prevalent. According to UN population fund report, around two third of married
Indian women are victims of domestic violence.
The constitution of India guarantees substantive equality to women but behind
the closed doors of homes all across of our country, women are being tortured,
beaten and killed. It’s happening in the villages of rural India to the
luxurious apartments in metros. It’s in all classes, castes, racial and
different age groups; and has become a legacy being handed over from generation
to generation in the name of culture and customs.
We can define domestic violence as a pattern of abusive behavior in any
relationship that is used by one partner to gain or maintain power and control
over another intimate partner. Domestic violence can be physical, sexual,
emotional, economic, or psychological actions or threats of actions that
influence another person
Most of the time the reason for never ending harassment may not be very
serious like dowry or so. It can be for arguing with partner, refusing of
having sex with him whenever he wants or the way he like it, neglecting
children, going out without informing the partner, not cooking properly on
time, indulging in extra martial affairs, not looking after in-laws,
infertility, desire of male child, greed
for money, alcoholism.
In metros, factors are slightly different which include more income of a
working woman than a partner, her absence in house till late night, abusing and
neglecting in-laws, being more progressive in society and standing up for her
rights. Working women are often subjected to abuses assaults and coercion for
sex by colleagues or superiors as reward for hikes and promotions.
According to the statistics, women in India who are more educated than
their husbands, earn more or are the sole earners of the families face a higher
risk of domestic violence than women who are more dependent on their partners.
In such cases, men need to reassert their power or maintain social control over
their wives to preserve the status quo in the relationship.
Other forms of violence are female infanticide; the manifestation of
violence is very deep-rooted and dangerous. It is a pernicious manifestation of
an ideology which devalues a girl child. Child abuse and incest; even though
sexual assaults are happening against male and female children it is observed
that 90 % of victims are female. Child marriage, Immoral trafficking of
children, sati, forced prostitution, age related abuses, killing in the name of
honor, humiliation isolation, threats, intimidation, denial and blame.
Any attacks on women leads to a problem which will lead to depression,
anxiety, low esteem, lack of trust in others, feeling of abandonment, anger,
sensitivity of rejection, chronic health problems, lack of sleep, inability to
work, poor relationships.
There are direct and indirect victims of domestic violence like children.
Children coming from violent home show growing insecurity, lose confidence
which leads to gradual withdrawal from the society and becomes completely
depressed. They become disobedient being
aggressively violent. Some may succumb to drugs and alcohol when treated
harshly, attempt suicide, Victims of sexual assaults are likely to become
abusers in later life.
It is difficult and potentially misleading to make a culture based
arguments about the problems that women face in India because of the size and
diversity of the country. Domestic
violence is an undesired output of the gender inequality inside home. The need of the hour is not more powerful
laws but to create a gender friendly environment in which a woman would be able
to assert her rights and seek legal recourse. Given the lack of support a woman
is provided with, it is highly unlikely that a woman will ever resort to legal
remedies unless she is assured, at a minimum, a right to reside in her home. It
became more complex because of the lack of general personal laws in property
and matrimonial rights.
Educated women are aware of their rights; when they stand up conflicts
begin. In 1983, domestic violence was recognized as a specific criminal offence
by the introduction of section 498A into the Indian penal code. This section
deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this
law.
i.
Conduct that is likely to drive a woman to suicide,
ii.
Conduct which is likely to cause grave injury to the life,
limb or health of the woman,
iii.
Harassment with the purpose of forcing the woman or her
relatives to give some property,
iv. Harassment because the woman or her relatives are unable to
yield to demands for more money or does not give some property.
The punishment is imprisonment for three years and a fine. It is not
necessary that the victim herself have to complain, any relative or friend can
make a complaint on behalf of herself. If a woman dies of unnatural causes within
seven years of marriage and has been harassed before death, the courts will
assume that it is a case of death by domestic violence. It is punishable up to 7 years. On 23rd June 2005 the cabinet
approved the protection of women from domestic violence bill, after which it
received assent from parliament. This approval brings to the fore a new civil
law on domestic violence, which provides immediate emergency remedies for woman
facing violence. These include protection orders; non-molestation orders; and the
right to reside in the shared household.
The role of NGOs in controlling domestic violence is crucial. They offer
extensive mental and legal supports the victims, and conducts awareness
regarding the legal rights they have in hand for fighting against the
atrocities they are subjected to. NGOs encourage more and more people to report
any case against Domestic violence and following up the cases.
Woman must not accept but challenge. She must not be awed by that which
has been built around her. We must respect women in their struggles for
expression. Women empowerment doesn’t just mean smart economics; empowerment is
beyond financial independence. It’s all about, knowledge, dignity, respect and
more over equality, liberty and more.
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