Constitution of India – a corrective course for women’s rights

When I look back, I can recall several developments over past six decades and several instances to feel proud to be member of the ‘fairer sex’ who has achieved laurels, breaking archaic and conventional barriers to feel the joy of ‘independence’!

Bold women, true to their conviction and conscience, whether educated not, such as the humble Jaswantiben Jamnadas Popat, who scripted the inspirational story of a humble enterprise -‘LijjatPapad’ that grew from Rs 80 to Rs 800 crore, providing living for many women, or many Guru’s of Indian art and culture such as Bharatanatyam dancer Tanjore Balasaraswati, MS Subbulakshmi the legendary Carnatic singer, Rukmini Devi who established Kalakshetra and many others in different vocations, who with their hard work and talent broke stereotype gender bias prevalent in our society.

Their achievements are not only commendable and noteworthy, but also an inspiration for generations to come. The list in recent decades is swelling at rapid rate with more girls getting educated and with a more tolerant society where awareness has struck roots. The change is palpable, yet much ground needs to be covered.

Since independence many programmes launched by various statutory organisations within the framework of the constitution pertaining to welfare of women and girl child have brought about a socio-economic churning at the grassroots.

They help study, implement and monitor adherence of the constitutional and legal safeguards for women which help in correcting anomalies and fill lacunae while formulating welfare programmes. The outcome also enables review of the existing legislation and provides necessary correction for amendments.

The National Commission for Women, The National Plan of Action for the Girl Child, National Policy for Children, The Ministry of Women & Child Development, National Policy for the Empowerment of Women are among the various government initiatives to improve lives of girl child and women and making them self-reliant to lead life with dignity. Women have come thus far specifically under the security of Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution.

Over the years, several landmark decisions of the Apex Court in accordance with the principle of gender equality as enshrined in the Preamble, Fundamental Rights, Fundamental Duties and Directive Principles in the Constitution, upheld women’s contentious issues that impinged on their dignity.

Yet many Rights were won after prolonged and bitter legal battles such as the case of Bhanwari Devi, a social worker from Rajasthan who was brutally gang-raped for preventing a child marriage where the Supreme Court of India in a landmark judgment not only handed out severe punishment to the perpetrators of the crime but also drew guidelines defining sexual harassment and put onus and the responsibility of providing protection and safe environment for women at their workplace on the owners.

This has benefitted large number of women working in establishments with nconventional duty hours. This again upholds the right of women not to be denied equal opportunities of employment due to safety concerns.

The Supreme Court judgement allowing an adult woman the right to marry or live with anyone of her choice is another milestone upholding women’s right to choose their partners was in response to the petition filed by Lata Singh who was harried and implicated in false allegations for choosing to marry a man of ‘low’ caste.

The Apex Court ruled that if any family member or any member of the society opposes such a couple or inflicts any kind of violence on them for going into inter-religious or inter-caste marriage would face arrest and legal action.

The credit for the law banning over-the-counter-sale of acid goes to Laxmi, an acid attack victim, who sought legal action to implement stringent measures to regulate sale of acid as well as provide adequate compensation to the tormented.

Taking exception to the rising number of acid attacks on women, the Supreme Court imposed strict regulations on the sale of acid, making it mandatory not to be sold to anyone below 18 and that the dealer can sell only after the buyer provides valid identity mentioning reason for purchase. Any purchase of acid has to be reported by the dealer to the police within a stipulated timeframe.

Being a woman, my concerns are very spontaneously aimed at women’s welfare through education, development, empowerment and equal opportunities. Raising voice against violations of women’s rights and safeguarding their rights have been my constant refrain at any given time and at forum. Why do I or other like-mined women have to do so in a country that worships Shakti? Why do atrocities happen when women are protected under the Constitution of India which grants equal rights to all including every woman?

Despite States being empowered to draw up programmes in favour of women to eradicate socio-economic discrimination, provide equal opportunities in education and employment, and a status at par with men in national polity, what is hindering us on many fronts? These profound questions bother me and as a respected citizen and artist of the country, I look for and every opportunity to express my concerns and seek redressal.

Increasing representation of women in Parliament I believe would be the real game changer. This trend is on the rise supported by strong sentiments on ‘Equity’ which has resulted in strong voices of women being heard in the parliament. Women in African countries have fought the tyranny of customs and cultural practises which are biased against them.

Again here, women parliamentarians have played a defining role in bringing about changes through legislation. With more “women parliamentarians in the House” conventional gender issues which were touched upon casually or isolated would get full attention while drafting resolutions and programmes.

India’s Hon’ble Prime Minister Shri Narendra Modi has shown the way by boldly addressing the gender issues, by launching many welfare programmes and social support initiatives beginning from the grassroots. They include,

1. Celebrating the girl child with ‘Beti bachao Beti padhao’ Mission.

2. Extension of paid maternity from 12 weeks to 26 weeks, among the highest in the world, promulgated through the Maternity Benefit (Amendment) Act 2017.

3. Launch of POSHAN Abhiyan, a first of a kind initiative to tackle malnutrition through multi-modal interventions bringing into play innovation in technology to maximise both reach and benefit.

4. Mission Indradhanush, a mass vaccination program to boost health of pregnant women and children which has already benefitted 80 lakh women.

5. Pradhan Mantri Matru-Vandana Yojana that provides economic support to pregnant women and lactating mothers.

6. MUDRA and Stand up India which provide entrepreneurship loans of up to Rs 1 crore to women.

7. Ujjwala Yojana: free gas cylinders in place of unhealthy coal/wood smoke for cooking; and Swachh Bharat Mission: every girl, woman should have the facility of toilet at home, are among many other steps which are aimed at tackling women’s health, girl child education and providing opportunities to women for using their skills to gain for economic independence.

With the Constitution of India providing women their rights and dignity as equals in society, it is the collective effort of the legislature, the judiciary and the executive to safeguard the laws schemes enactment of and ensure that the untapped potential of female is unleashed through inclusive for achieving the millennial goals for India!.

Dr. Sonal Mansingh, a Padma Vibhushan awardee, is an Indian classical dancer and Guru of Bharatanatyam and Odissi dancing style. She was nominated as Member of Parliament (Rajya Sabha) in July 14, 2018.

(Source: 70 Years of Indian Constitution, Published by Govt. of India)