We celebrate Women’s day every year on March 8th, but we, most of the time, tend to forget the rationale and the reason behind recognizing women’s day either by our actions or by mere inaction. Why is the reservation of 50% or 1/3rd of the total members of the parliamentary reservation for women is being pending for around thirty years in the parliament? Some states have implemented this at the lower level, but why is the parliament still hesitant in ensuring the same? This is one of the examples which can be cited for the proposition that I mentioned in the former line, that is, of either hurting through our actions or through inaction or indecisiveness.
With this note, the following article will be looking into some of the important laws in Indian history that were specially enacted to protect women at large and to improve their condition in society, which for years they have been refrained of. This does not mean to say that they are not empowered; they are naturally empowered than any other human, it is just the perspectives that were changed.
Important Women-specific laws:
- The Commission of Sati (Prevention) act of 1987
This act came as a tool to ensure that the women community possessed the natural right to live, especially the Hindu women who were mentally and physically depressed due to the nature of acts that were carried out after their married husband passed away. The preamble of the act enshrines the idea that sati, which requires the widow to burn herself or be burnt alive along with the dead husband, has left the woman to go against the feelings of human nature and takes away her right to life as provided under the Indian Constitution. The legislature clarified the fact that it does not fall within the essential duties of any religion anymore. This is the reason why the act has been enacted and possessed the object of preventing this practice through effective measures and its glorification in the Indian community. The act establishes, through a provision, a special court apart from the normal criminal trial courts to ensure that speedy justice is provided to the victim suffering due to mental and physical depression.
- The Protection of Women from Domestic violence act, 2005
As per the preamble of the act, we can conclude that it is an act that has led the practitioners to seek relief for the victimized women who were suffering from violations of their rights enshrined under the constitution. These violations before the passing of the act were seen as more prevalent in the domestic circles of women such as family members, working places, etc. So, this act, even though it bases its objective to prevent the penal provisions such as dowry death, etc., has been seen as relief through civil law and courts. Through a civil petition, any penal offenses may be added to the same. It provided that sort of effectiveness in enforcing the rights of women.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) act of 2013
It is important to note the ever-remembered case of Vishaka V. State of Rajasthan, where the Supreme Court of India came up with the guidelines concerning the prevention of sexual harassment of women in the workplace, which has been cited as an example of Judicial activism. This particular case led the legislature, as an awakening call, to enact a law to protect women from being sexually harassed at the workplace. The act contains various mechanisms coming in, such as the Internal committee of any institution to hear the matters and redress the victim. The preamble of the act states and recognizes again that sexual harassment results in the violation of the fundamental rights of the woman under articles 14, 15, 19(1) (g) 21 of the Indian constitution. This led the legislature to come up with the act of 2013.
This also led the legislature to amend the Indian Penal code, and Criminal Procedure code, through the Criminal law amendment act of 2013. Section 354A has also been inserted into the IPC.
- The Indecent Representation of Women (Prohibition) act of 1986
With technology at its peak, one of the most important issues that-when it comes to women is the representation of a woman in the digital or internet platform such as pictures, paintings, ads etc. In order to make sure that the women are not represented in an indecent manner, the act came into the picture in the year 1986 and got revived in the year 2012 with the Information technology act coming into the main domain with respect to regulation of digital platforms or internet usage.
Conclusion:
As a concluding remark, it is important to understand that the women community is not to be empowered because of the fact that they are already capable and empowered more than any other human being has. The laws should merely ensure that the perspective of how the world look at her or the society looks at her should be changed and modified. We should make sure that laws are even stricter in their enforceable stage and give a quick remedy to the victim. It is not the remedy rather, and it is the justice.
