Spotlight
New Delhi, 11 June, 2016
Draft National
Policy:
STOP IGNORING
WOMEN’s RIGHTS
By Dhurjati Mukherjee
The Government’s recently released draft
national policy for women surprisingly has left out marital rape, pre-nuptial
agreements and personal laws. Though personal laws might be contentious issue
and need to be examined again and again, marital rape has been a subject of
much discussion and debate among the educated sections of society and this
should have formed a part of the national policy document.
However, this is the first time that
the national policy for women, formulated way back in 2001, has been revised.
But obviously the vital issues that were being raised have not been examined
and it remains to be seen whether in the final policy documents, these would be
incorporated after further discussion with lawyers, social activists and other
stakeholders.
The policy, which will be finalized
after receiving inputs from the above stakeholders, is expected to act as a
roadmap over the next 15 years for dealing with women’s issues, ranging from
discrimination to the expectations of the new emerging women.
As is well known, there are various
laws – Prevention of Domestic Violence Act etc. – which can be used but the
question arises how many women can actually use them? Specially as the
percentage of women from the poor and economically weaker sections using them
might be less than 10 while even among the urban educated population there is
social stigma of complaining against the husband or the in-laws.
Recall, a high-level committee set
up by the UPA Government noted that many discriminatory provisions in personal
laws undermined the position of women and recommended detailed changes in
Hindu, Muslim, Christian and Parsi laws. The report, submitted to the Ministry
of Women and Child Development has yet to be implemented.
Scandalously, successive Governments
have side-stepped these issues but there is need at this juncture for the
Administration to be forthright and come out with its observations. An example.
There have been debates galore against abolishing the triple talaq
system and there are several cases regarding this pending in the Supreme Court.
Also with the change of the social
system with women’s education spreading far and wide, the opposite sex has been
entering the workforce. Moreover, they have become conscious of their rights
and try to assert them in family life. In such a situation, marital rape has
emerged as an issue which needs to be clearly enumerated in the final policy
document.
However, it is good to note that the
draft includes provisions for unmarried, divorced and widowed women who
constitute 21 per cent of India’s
population and number about 73 million, according to the 2011 census, and calls
for legislative, economic and social recognition of the single woman category.
It is no secret the social position
of a single woman in our society is rather pathetic. Even those who have
sufficient money are not quite happy as spending time becomes a problem for
them. With society becoming materialized, the communitarian approach is missing
and people have become self-centred and do not have the time or willingness to
extend help.
Moreover, mixing in society for
divorced women in even today not taken in the proper spirit and ditto is the
case with unmarried ladies.
The position of women who are
financially weak is worse off as they are kept away from society. Consequently,
the support of the law enforcing agencies is vital for curbing exploitation and
abuse of women and girls along-with support and help from the community and
voluntary organizations working in the field.
Though that many women have joined
the police force in recent years, more officers and staff need to be inducted
in law enforcing agencies to help the opposite sex.
Shockingly, a recent report by a
Pakistani religious body in its Women Protection Bill, recommended that
husbands could ‘lightly’ beat their wives if they disobey. The Council of
Islamic Ideology (CII) enjoys Constitutional status in Pakistan and gives
non-binding proposals to Parliament to make laws, according to Islam.
The Bill states that a husband can
be allowed to ‘lightly’ beat his wife if she defies his commends, refuses to
dress according to his wish and turns down demand of physical contact. A
beating is also permissible if a woman does not observe Hijab, interacts with
strangers, speaks loudly and provides money to people without her husband’s
consent.
Indeed, such fundamentalist
recommendation clearly violates a women’s human right to existence. And such an
attitude is possibly prevalent in many Islamic countries of Africa.
Undoubtedly, these reveal that patriarchy still rules and women do not have the
right to assert and live as per their wish. There is obviously a need to change
this attitude which can only be possible if there is intervention at the
international level.
However, as far as India is
concerned where secular and progressive attitudes specially towards women have
been manifest, there is a lot that the Government can do. Women have now
steadily become educated, even in rural areas, and should be made aware of
their rights in society and the laws that could protect them from all types of
exigencies. Only strict implantation of these laws would help women live a
better life.
True, crimes against women have
increased in some States but it is good to know that these crime reports are
now increasingly being filed or being highlighted in the media. But, on the
other hand, the opposite sex is still being looked by a section of society as a
commodity for pleasure and enjoyment.
In sum, this attitude has to change
and women have to be given their dignified position in society. True, such an attitudinal
change is difficult to bring about but only a change can bring about the much-needed
transformation in society.
Patriarchy cannot rule in modern day
life as both men and women have to be equal partners in society. Unless gender
disparity is reduced, one cannot expect a balanced development of society and
of the country. ---- INFA
(Copyright,
India News and Feature Alliance)
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