Fri. Mar 29th, 2024

Swami Vivekananda, one of the greatest sons of India, quoted that, “There is no chance for the welfare of the world unless the condition of women is improved, It is not possible for a bird to fly with only one wing.”

A society is formed with the contributions of both men and women, the participation of a woman is equally important to that of a man. From past few decades, everyone across the world and especially India is talking about equal rights to women, women empowerment, no discrimination on the basis of gender etc. No doubt the Society and the constitution in India have brought in many changes to treat the women equally but still, a lot is left undone.

Women empowerment does not only mean giving equal rights to them. It means to free the women from the vicious grips of social virtues, giving her the freedom of expressing her thought, freeing her from social, economic, political, caste and gender-based discrimination. It means giving her the freedom to make life choices. As the quote of G.D. Anderson says: “Feminism isn’t about making women strong. Women are already strong. It’s about changing the way the world perceives that strength.”

After a long struggle for rights to women, it succeeded in getting the property rights, voting rights, equality in civil rights before the law in matters of marriage and employment. Also, age old traditions like the customs of purdah (veil system), female infanticide, child marriage, sati system (self-immolation by the women with their husbands), dowry system and the state of permanent widowhood are either evacuated or curbed to some extent from the society.

Women are more than just bodies they are not any objects to be bought or sold. Two Acts have also been enacted to emancipate women in India. These are Protection of Women from Domestic Violence Act, 2005 and the Compulsory Registration of Marriage Act, 2006. But to what extent legislative measures have been able to raise the status of women in India? Do women now feel empowered in the sense that they are being equally treated by men in all spheres of life and are able to express one’s true feminine urges and energies? It does not seem much is done about it.

The change in the ideology of the men dominated society in India can clearly be depicted in a recent statement given by the Supreme Court a few days back. It stated that “marital rape cannot be considered a criminal act”. Legally if a girl is above the age of 18 she is allowed to get married and the sexual harassment after her marriage should not be an issue because she is 18 years now. Hundreds of NGO and social organizations across the nation are promoting the importance of child education, prevention of female infanticide, stopping child marriage, educating the girl child, stopping child labour and many more issues. Prime Minister Narendra Modi also initiated the slogan of ‘Beti Bachao Beti Padhao’. Everyone one talks of gender equality and that girls are no less than boys. But how many of them are really following this? Is just sloganeering enough? Is there no need to put these slogans into practicality?

The recent statement given by the court forces to think that is Justice really been done? In 2013, the Criminal Law (Amendment) Act, 2013 increased the age of consent for sexual intercourse by girls from 16 to 18 years. Exception 2, however, still contains the age of consent for a married girl as 15 years. This means that if a girl is 15 and is married is liable to fulfill her duty towards her husband physically but the age of consent for sexual intercourse by a girl is increased from 16 to 18 years how can both the things be possible at the same time? On the other hand, the Protection of Children from Sexual Offences Act, 2012 (POSCO) states that a girl under the age of 18 years is a child and hence, does not have the capacities — physical, emotional or mental — to take a decision about engaging in sexual intercourse. If the girl under the age of 18 is mentally, physically and emotionally not capable enough to take a decision regarding physical relations, how can she be capable to give her consent for marriage and thereafter her relation with her husband at the age of 15?

Defendending the man dominated and age old tradition following society the Centre said that the decision taken in regards to setting the girls age to 15 for consent for marriage is taken keeping in mind the traditions being followed. It said that Child marriage in India is a reality and protecting the institute of marriage is the priority of the Constitution. Does this mean that just because poverty prevails in India and it is a socially backward nation, girls will be left at the mercy of men and Constitution when it comes to her consent for physical relationships?

In past few years, many politicians have made controversial statements regarding the marital rape issue. One of them said that marital rape cannot be applied to the Indian context. Another one stated “it is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, the mindset of the society to treat the marriage as a sacrament.”

By giving such statements are they trying to say that just because a girl is married she will have to make physical relations with her spouse, whether she agrees to it or not? If the husband wants he will maintain the relationship even if he has to do it forcefully and the wife cannot complain because it is not rape, it is her duty that she has to fulfill. Is this women empowerment and women equality India talks about, where a girl does not have the right to say no?

How can an age define if the girl is emotionally or physically ready for sexual intercourse? She may be ready at the age of 18 and she might not be ready for it even at the age of 28. As per the exception 2, the girl can give her consent for marriage at the age of 15 but does anyone think and realise that does she really give her consent or is she forced to give it? Everyone is aware of the fact that in few places in India, girls are sold in return for money in the name of marriages. If a girl at the 15, 16 or even 18 is forced by her parents or the society to get married and she agrees to it under pressure, does that mean she gave her consent for it? Does this mean that after marriage she becomes a liability for men and they can use her as and when they please?

If the girl is above 15 and is married, she cannot complain and seek justice if her husband physically assaults her because after marriage there is nothing called rape, it is natural intercourse. Even if the woman is beaten and is forcefully physically abused it is not a rape, it is the man’s right. This is really a disturbing notion and should be given serious thought.

In a recent tampering case in Chandigarh, where a BJP leader’s son along with his friend was accused and arrested for stalking and trying to kidnap the DJ daughter of an IAS officer. Regarding the case, a BJP members had given a controversial statement that what was the need for the girl to roam around so late at night. He said that girls should not be allowed to leave the house after dark after all it is the girls own duty to protect herself. Does this statement not raise the question that why girls should not be allowed to be out in the night like the boys? Is it that girls are not safe in the presence of boys at night? Is it that notion of equality to girls is just a myth? If the society talks about equal status to men and women, why men are not asked not to leave the house after dark?

Father of the nation Mahatma Gandhi had beautifully explained the strength of a woman saying that “To call a woman the weaker sex is a libel; it is man’s injustice to woman. If by strength is meant brute strength, then, indeed, is woman less brute than man. If by strength is meant moral power, then a woman is immeasurably man’s superior. Has she not greater intuition, is she not more self-sacrificing, has she not greater powers of endurance, has she not greater courage? Without her, a man could not be. If nonviolence is the law of our being, the future is with the woman. Who can make a more effective appeal to the heart than woman?”

Are women in India really getting justice? Think about it!!