Human Rights and Gender justice

Devinder Kaur Senior Lecturer, Department of Economics, G.N. Khalsa College of Arts Science & Commerce, Matunga, Mumbai-400019

Abstract:
Human Rights are those rights without which one cannot live with dignity and respect. Denial of human rights especially to women means tampering with the developmental potentials of half human resources available in the world. Lower status accorded to women in family and society results in gender based inequality. In the past, many legislations has been passed to liberate the women from the shackles of gender bias but still we can see the denial of equal opportunities in almost all spheres which a patriarchal system has imposed on the name of tradition and morality. In Dec. 1948, With the Universal Declaration of Human Rights, framers of Indian Constitution have safeguarded the Rights of Equality for all the citizens irrespective of gender, Caste or creed. Much has been done in the past to mitigate the gender bias. Lot of efforts still needs to be made in this direction. This can be done by educating the deprived section of the society.

Human Rights and Gender justice

Devinder Kaur Senior Lecturer, Department of Economics, G.N. Khalsa College of Arts Science & Commerce, Matunga, Mumbai-400019

Human rights are generally defined as the rights which every human being is entitled to enjoy and to have protected1. All human rights are universal, indivisible, interdependent and interrelated2. Human rights are claims of individuals for such conditions as are essential for the fullest realization of the innate characteristics which nature has bestowed him/her with as a human being3. Human rights of today are off springs of the liberal theory of natural right. Indeed so close is the link that the two terms natural rights and human rights are used interchangeably4. Human rights are those rights which are inherent in our nature and without which we cannot live with dignity as human beings5. Fundamental rights are the modern name for what have been traditionally known as natural rights6. Natural rights, freedoms and privileges which are such a basic part of human nature
that they cannot be taken away. These are different from rights which are given to people by the law. According to the Declaration of Independence, these rights include "life, liberty and the pursuit of happiness."

Denial of human rights especially to women means tampering with the

developmental potentials of half human resources available in the world 7. Lower status accorded to women in family and society results in gender based inequality8.

Historical perspective to gender justice

Two major contributions of colonial rule to the Indian system i.e. an English education and an English legal system led to the social transformation in India. Indian intelligentsia was exposed to the western liberalism and Rule of Law through English Education. Women and untouchables were two social groups which attracted attention of the first generation of social reformers. Before the advent of colonial rule, India did not have a uniform legal system. The existing laws both civil and criminal did not satisfy the English notion of justice. But English were not interested in interfering with religious beliefs and traditions. So they established secular courts which enforced traditional laws which in turn were based on social and gender inequality. They did not change the personal laws of Hindus and Muslims which contained manifest injustices against women. Sati, the live burning of widow on the pyre of her husband had been a ghastly act for Englishmen. Lord Bentinck took definite measures for abolition of Sati. First legislation against Sati was enacted in 1827 in Bengal, followed by in Madras and Bombay. No provisions against Sati were incorporated in the Indian Penal Code (IPC) which was made in 1860. Perhaps the law makers thought that the provisions of IPC dealing with murder and suicide etc would take care of this. But as late as 1987 (Roop Kanwar Sati case) the state was not willing to apply the same. Female infanticide was being practiced as a solution to the social problem as marrying of daughters involved huge expenses in the form of dowry etc. After the transfer of power to the queen of England, much serious thought was given to having a more organized legal system in India. The codification of law was undertaken to provide law of contract, criminal law, the laws of Civil and Criminal Procedures, The law of transfer of property etc. In this context, the great contributions were made by Macaulay, Charles Hay Cameron. These law makers were considered modern as they wanted secular and cosmopolitan legal system but were still governed by patriarchal ideology.

Patriarchy: Implications for women9.

Political: 1. Low representation of women in governance and police. 2. Lack of political will to frame and implement laws safeguarding rights of women. Legal: 1. Laws related to marriage, maintenance, custody and divorce, tilted against women. 2. Lack of legal literacy among women. 3. Expensive and slow litigation process. Biological: 1. Prevalence of concept of purity and pollution related to female sexuality. 2. Lack of control of decision related to reproduction and access to reproductive health. 3. Glamorizing women as sex symbol. Familial: 1. Preference for male child. 2. Practice of sex related abortions and female infanticide. 3. Over occupation of women in child caring and child rearing practices. 4. Glorification of values such as patience, morality and sacrifice in women. Economic: 1. Minimum participation of women in Income generating activities 2. Maximum participation of women in unorganized sector leading to discrimination of employment and wages. 3. Limited access of women in property land and other assets. 4. Implied division of occupation on the basis of sex. Human rights and fundamental freedoms should be available to men and women without discrimination on the basis of sex10. The IPC section 497 on adultery is another example of gender bias11. A married man having sexual relations with unmarried women is not guilty of adultery. Advancement of women is impossible unless and until their rights are fully protected12. The court, the institution that is supposed to enforce the law equitably, is involved in discriminatory behavior. One area of discrimination is in family laws13. In marital conflict, in India, it is women who are turned out of the matrimonial home14.

The failure to prevent crime is bad enough but ineffectiveness of the legal system dealing with it is a mockery of justice15.

Universal Declaration of Human Rights:

The United Nations General Assembly on Dec. 10, 1948. adopted the Universal Declaration of Human Rights. A common standard of achievements for all the Nations and states that all the human beings are born free and equal in dignity and rights16. The most important change was attained by womens convention (1979) which demands not only that women should be accorded rights equal to those of men, namely that there should be no de jure discrimination, but they should be able to enjoy all those formally accorded rights17. The framers of the Indian constitution were inspired by the Universal Declaration of Human Rights (UDHR) and they saw to it that the spirit and essence of Universal Declaration (UD) was incorporated in the constitution. It is evident in the preamble of the constitution which assures Dignity of individual18. Indian constitution contains 395 articles and ten schedules. Article 14 envisages the guarantees of equality before the law and equal protection of law. Prohibition of discrimination on sex grounds is contained in part IV of the constitution, which are called fundamental rights. Article 325 gives equal voting right to women. All other provisions concerning women are in Part IV of the constitution which contains the directive principles of state policy. These directive principles though fundamental in governance, are not enforceable by court. It is the duty of the state to apply these principles by making laws. Neither the original constitution nor subsequent amendments seem to have been touched by the concept of gender justice. The subordination of women has been the basis of many laws, including IPC. The court decisions are undertaken by male judges who are not free from the influence of patriarchal ideology. There are various provisions in our laws which provide special protection and facilities to women. Under the factory act provision of working hours are laid down. There are laws providing maternity leave to women. Though there have been reservation for women in various fields, the main problem with women has been the lack of opportunities which stemmed from barriers, the patriarchal system has imposed on the name of tradition and

morality. It is one thing to guarantee equality in the constitution and other to make it a social reality.

Conclusions:
Inspite of many changes brought by rights, even after 59 years of independence, still when you take the news paper in your hand in the morning, the incidences of rape, female infanticide, dowry deaths, bettering, emotional abuse child sex abuse, forced prostitution, daughter neglect, etc are very common news items. The root cause of all these problems is the structure of the society which is male dominated that actually a women had to live with inequality all their lives. Gender bias is very deep rooted and is often reflected in the legislative and judicial behavior. Unless the mainstream system of justice i.e. courts are reformed, women and all disadvantaged sections of the society will continue to suffer. What is the use of giving new rights and entitlements if the system continues to be corrupt, inefficient, expensive and dilatory? Although laws can catalyze change in social behavior, the real change can come through the efforts of those who struggle to change. Education plays a very important role in this regard. The tradition and religion reinforce women subordination. A major cultural renaissance must precede in womens movement in India. The political and democratic compulsions have made all political parties to espouse womens issues. This is a positive sign. It is not a mans attitude towards women but of the compulsions of democracy. The main task is to educate both men and women about gender justice. The movement to change public opinion and social attitudes and values can be catalyzed by law. But such change can not come merely through legal prescriptions. India needs to promote humanism and respect for human dignity and liberty. Gender justice is an important agenda. It has to traverse a long journey.

REFERENCES: 1. Human rights a source book, published by National Council Of Educational Research & Training,1996,compiled and edited by Arjun Dev, Indira Arjun Dev and Supta Das, pg ( xi) 2. ibid. 3. Praveen Vadkar, concepts, theories and practices of human rights, Rajat publications,2000, pg 7. 4. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 68. 5. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 113. 6. Praveen Vadkar, concepts, theories and practices of human rights, Rajat publications,2000, pg. 16. 7. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 113. 8. ibid, pg 115. 9. ibid, 115-116. 10. Charter of United Nations Preamble, and Articles 8 and 55;Universal Declaration of Human Rights(1948), preamble and articles 1 and 2 in particular; International Covenants on Civil and Political Rights (1966),Arts 2 and 3 in particular; International covenant on Eco, Social and Cultural Rights (1966), Preamble and Art 3. 11. Section 497 of IPC. 12. Women and Human Rights by Lina Gonsalves, A.P.H. Publishing Corporation, 2001, pg.2. 13. ibid, pg.5. 14. ibid,pg.6 15. ibid,pg.6 16. ibid pg.17. 17. ibid, pg17. 18. ibid, pg.22.