SHAPING JUSTICE: ROLE OF LAWS IN SAFEGUARDING WOMEN

ABSTRACT:

Women's empowerment consists of social and personal dimensions, where women must participate actively in decision-making, economic freedom, and securing respect from society. In order to bring out realistic empowerment, women must engage in politics and day-to-day decision-making in the household as well as in place of work. Apart from this, women must be given equal opportunities in social view, job opportunities, and living standards. Regardless of global development, gender inequality continues to pervade, making it crucial to foster the rights of the minorities and marginalized especially the rural female population. Who suffer from cultural biases, such as the preference for male children and patriarchal norms, further obstructing justice and equality.

As we move further into these arrays of conversations, achieving women's safety and equality for women becomes more of a utopian concept. Statutes have evolved with the cases and the changing international view to tackle the emergence of problems posed by modern developments, which take various semblances, the most prevalent of which is digital risks. It cannot be said that there is a lack of government to enhance safety measures for women; instead, the situation requires more intense care and constant adaptation. A secure environment for women becomes unrealistic rather than idealistic. In order to close this gap and make gender equality a fundamental norm respected in all contexts, it is necessary to reinforce legislative protections and implement societal changes continuously.

Keywords 

Digital Risks, Legislative Protections, Women Empowerment, Gender Equality, Economic Freedom, Patriarchal Norms.

INTRODUCTION

Every year, when we are near the end of the first week of March, we get ready to wish the women in our lives that we hold dear to our lives and those we are closely acquainted with. When researching why International Women's Day is celebrated every year on 8 March and what it signifies, we can understand that it is to acknowledge the achievements that they have contributed towards the furtherance of the field, better treatment for their gender, or advancement for the society. However, we must wonder what hinders them while they strive to achieve equality and a better society. The question has to be asked: are the women who strive for a better future safe? What has been done to safeguard them, and have those measures worked? What is the future course of action to be taken? 

From a legal vantage point, these questions could be answered as they progress along with the measures for women's safety through the intricate implementation of statutes, resulting in landmark cases dealing with these topics. These cases and statutes revolve around all spheres of law, which need revamping and regulation to protect women from the rising threats of the modern and digital world. Though the administration and other government organs have taken measures to improve the state of women in the modern world, there is a need to fill the gap between a safe and equal environment and the one they currently reside in. This topic is relevant now and in the future as this concept should not remain just an idea but an ideal for society. 

LITERATURE REVIEW:

• Seeking New Ways to Speak- Aruna Gnanadason delves into the oppression faced by Dalit women in India, mainly due to their caste, gender, and economic hierarchies. It also exemplifies their hardships through resistance, art, and protest. The author contrasts the horror and brutish violence against women, such as the rape and murder of unnamed Dalit women, in contemporary times. In contrast, the symbolism of love, justice, and freedom was given to women during ancient times. Dalit History Month is celebrated yearly to ensure the voice of the backward community does not become voiceless. The author also exposes the frightening and alarming realities that Dalit women have to face and the hurdles of caste-based and patriarchal oppression.

• Gender, Law and Sexual Assault - M. P. Singh elucidates upon the impact of feminist thought on legal reforms, especially in areas of gender oppression underlying in the patriarchal society. The Age of Consent Bill of 1891 went against the traditional system and was not a step taken with a progressive view but sided with one that was majorly patriarchal. Although there are liberties, equality, and freedom offered by the codified statutes and the Constitution for women, there is a more profound need for them to be incorporated into pragmatic day-to-day life. 

• Law, Ideology and Female Sexuality: Gender Neutrality in Rape Law- Flavia Agnes discusses the gender-neutral rape laws, assuming this would desexualize the crime and remove the stigma. Nevertheless, the assumption of this article revolves around the fact that arguing for legal reforms cannot single-handedly transpose social norms and principles, particularly in a patriarchal-minded society. This article delves further and traces the evolution of rape laws, reforms, and amendments made in India, driven by non-patriarchal members of the nation by advocating for women's safety since the 1980s. It further discusses the slow and flawed progress prior to the 21st Century. The Mathura case from the 1980s exposed the issues of consent, leading to a partial reform in 1983, including shifting the burden of proof and more brutal punishment for the same. Victim humiliation and light sentences continued, and conviction rates remained low, notwithstanding these developments. The essay urges for more significant social change to address the underlying causes of sexual violence and criticizes the surface-level nature of legislative improvements. 

• Controlling women's sexuality: rape law in India- Geetanjali Gangoli debates over how rape continues to be a grave and persistent issue for Indian Women, with especially the National Crime Records Bureau reporting an increase over the decades. However, a gradual decline can be observed in other crimes. The conviction rate for rape remains low, which encourages criminals that there is much leeway for the crime and women from coming in front to report the same. The Constitution guarantees various legal rights, such as equality. The Constitution and other statutes drafted by the legislature to safeguard women, such as the Dowry Prohibition Act and Equal Remuneration Act, eradicate caste and class as a factor in bringing down the development of women. Despite laws to the contrary, many women—especially those from underprivileged backgrounds and castes—are sexually abused, and many are married off at an early age, giving them little autonomy over their lives. Gender-based violence and concerns like female infanticide are made worse by the prevalence of dowry demands, son preference, and domestic abuse.

• RAPE' AND THE INDIAN PENAL CODE AT THE CROSSROADS OF THE NEW MILLENNIUM: BETWEEN PATRIARCHIAST AND GENDER NEUTRALIST APPROACH- K.I. Vibhute. The criminal law (Amendment) Bill of 1980 was introduced by the Central Govt. with the sight of clearing the ground regarding any ambiguities and gaping the inadequacies with its central focus on removing the loopholes in rape laws and establishing the concept of explicit and voluntary consent. It endeavored to differentiate between a judicially separated wife and one married. Despite the recommendations in the bill to raise the age of consent from 15- 18, the bill preserved the idea that marital rape under the age of 15 years of age is not considered rape.  The Joint Committee of the Parliament, while reviewing, reduced the age from 15 -12 years and reduced the punishment for the marital rape of wives aged 12- 15. A new section offering a lighter punishment for rape of women who are judicially separated was also included by the Committee in place of a crucial earlier provision because it may promote reconciliation. The notion that husbands could not always be held entirely responsible for raping their wives was reinforced by these developments, which are indicative of a gender-biased attitude that undermined the rights of women.

METHODOLOGY:

In order to obtain results on this topic, an exhaustive and flexible methodology was used, using information from various credible sources. The sources include peer-reviewed articles, journals, books, and research papers from J.S.T.O.R., providing well-established perspectives from academicians through critical analysis. These sources have provided credible insights through their data collection and research. In addition, research work on other platforms is consulted to corroborate the statements made in the research.

Apart from these sources, widely accepted landmark judgments from the Supreme Court and High Courts have been taken from reliable sources such as S.C.C. OnLine. These judgments by the learned judges provide us with a perspective we need to understand the issue. By interpreting these decisions, the research complies with legal statutes and evolving judicial activism. These sources have allowed me to approach the research not only from a legal standpoint but also through the lens of moral, social, and political perspectives. The research primarily examines the judiciary's role in safeguarding women through its laws, judgments, and amendments. It is also a retrospective study that examines the landmark judgment on the topic and its impact on contemporary times. The research needs to consider the most recent cases of Women's Safety, which are currently being decided upon; this may be a limitation as the current cases might be considered landmark judgments in the near future. 

ANALYSIS OF LANDMARK CASE LAWS:

• In C.B Muthamma v. UoI (1979) The petitioner was supposed to become the first woman in the Indian Foreign Service and challenged the discriminatory biases under the Indian Foreign Service (Conduct and Discipline) Rules, 1961. She challenged Article 14 and Article 16, which guarantee equality and equal opportunity in public employment. The rules of the above statutes restricted women's placement to such foreign posts, and their promotions were limited based on their marital status. Justice V. R. Krishna Iyer and P. N. Shingal ruled in favor of the petitioner, declaring such rules unconstitutional. The Court further rules that gender cannot be the sole or valid basis in public employment cases, stressing the need for equal opportunities under the Constitution. 

• In Air India v. Nergesh Mirza (1981), the Supreme Court addressed discriminatory employment policies imposed on air hostesses by Air India. In this case, the appellant was terminated under the discriminatory policy of the airlines stating that an air hostess must resign within four years of service or once she is married, whichever occurs first. The airline also directed retirement at the age of 35 years and on marriage or pregnancy, whichever occurs earlier. Justices Syed Fazlali and A. Varadarajan, along with A.P Sen, found this unreasonable and arbitrary. The Bench commented that termination on the above-said basis is against the principles of Natural Justice and gender equality. Protecting women's rights in the workplace is crucial since it rejects the discriminatory idea that pregnancy or marriage might be legitimate grounds for leaving a job. 

• In Mary Roy v. State of Kerala (1986) activist and educationist Mary Roy stood up against the discriminatory practices of the Travancore Christian Succession Act, 1916, and challenged the rule that limited Syrian Christian women to get only about one-fourth of the property compared to their male equivalents.  It was challenged because it violates constitutional principles of gender equality. She won her case when the Supreme Court, presided over by Chief Justice P.N. Bhagwati and Justice R.S. Pathak decided that the Act's provisions were unconstitutional and discriminatory. The ruling ensured that women had equal property rights and was a significant step towards gender-neutral inheritance rules. 

• In the case of the State of Maharashtra v. Madhukar Narayan Mardikar (1991), a police inspector was accused of attempting to rape a woman of 'easy virtue.'  The High Court overturned the officer's dismissal despite the departmental inquiry holding him guilty, giving the doubtful reputation as the reason. Justices K. Jagannatha Shetty and A.M. Ahmadi reversed the decision of the High Court, stating no matter the questionable reputation of a woman, she is entitled to privacy and legal protection. A woman's testimony could not be disregarded simply by her background. 

• In the case of Vishaka v. State of Rajasthan(1997), the Supreme Court addressed the concept of Sexual Harassment in the workplace following the gang-rape of a social worker. The Bench consists of Justices Verma, Sujata V. Manohar, and B.N. Kirpal, who established guidelines to prevent and remedy the issue. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which provides vital safeguards to working women throughout India, was based on these guidelines. 

• The Supreme Court, in Joseph Shine v. U.O.I., struck down Section 497 of  I.P.C., which priorly criminalized adultery, and declared it was unconstitutional for violating a woman's dignity and equality under Article 21 of the Constitution. The Bench, led by Chief Justice Dipak Mishra, found that the law was fundamentally patriarchal and would impair women's autonomy by holding them in the eyes of the law as the property of their husbands. Reinforcing the idea that no legislation should tolerate gender discrimination, the ruling stressed the importance of gender equality and individual choice in leading a decent life.

• In the Federation of Obstetric and Gynecological Societies of India (F.O.G.S.I.) v. Union of India (2019), the Supreme Court upheld the constitutionality of provisions within the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (P.C.P.N.D.T. Act). F.O.G.S.I. argued that Article 21 of the Constitution was being violated by Section 23(2) of the Act, stating that the accused's guilt is presumed prior to the conviction, creating prejudice. A bench consisting of Justice Arun Mishra and Vineet Saran rejected the argument, emphasizing that the Act was crucial in combating the horror of female foeticide contributing to the disproportionate sex ratio. The Court acknowledged the societal importance of the Act. The ruling emphasized how crucial it is to implement strict policies in order to protect women's and girls' rights and dignity in society. 

• In Laxmi v. U.O.I. The Supreme Court was asked to rule in favour of stricter laws governing acid sales and victim compensation by acid attack survivor Laxmi in 2006. In response, the Court outlawed over-the-counter acid sales in 2013. This means that dealers can no longer sell to anyone under 18, must confirm the identification of buyers, and must document and report sales to the police within three days. Reducing acid attacks and improving victim protection were the goals of this ruling.

DISCUSSIONS:

The concept of women's empowerment traverses far beyond legal rights and incorporates the active participation of female individuals in all spheres. There has been progress in the movement in the right direction, but not enough, as gender inequality continues to be an evil of society. The progress can be measured in terms of some significant steps towards equality, as in the case of Joseph Shine, where Section 497 was struck down. However, the problem is that, though there is a court to deliver justice when there is wrongdoing or an infringement, the step of going to court itself is only a privilege for some due to societal pressures and financial deficiency. 

The socioeconomic factors that affect a woman's capacity to overcome deeply rooted inequities must be examined to expound on women's empowerment. Reforming deeply ingrained socio-cultural barriers that impede women is also a part of empowerment, which goes beyond merely passing new laws. Changing people's views about gender equality requires education more than anything else. Women who receive an education are better able to engage in the economy and become more conscious of their rights. They are inspired to question the expectations of society. Women will likely engage in government, stand up for their rights, and make knowledgeable judgments when they have more education.

Additionally, the involvement of women in politics ensures that the voiceless women are heard throughout the country, stating their struggles and grievances with the prevailing system. It helps bring out an inclusive system of society as a whole. Though there is some amount of reservation provided for women in the parliament, it is not even close to bringing down the stigma and destroying the barriers of gender discrimination in contemporary society. Awareness that women are needed in the political sphere should be taught to them, and for them to enter the path, it should be made straightforward and honest. If there is harassment in the political sphere, women will be reluctant to enter into it, and the situation will remain stagnant.

It will take all-encompassing approaches that incorporate economic opportunities, education, and legal reforms to close the gender gap in all political, social, and academic domains. Societies may attain sustainable development and establish conditions where women flourish as equal citizens with complete control over their destinies by tackling the underlying causes of inequality and empowering women in every area of their lives. Women's health and well-being are just as crucial as the socioeconomic and political aspects of women's empowerment. For women to lead empowered lives, access to high-quality healthcare, especially services related to reproductive health, is essential. Obstacles to women's full participation in society include limited reproductive rights, maternal mortality, and poor healthcare in many regions of the world.

Since healthy women can better contribute to their families and communities, ensuring women's access to healthcare is morally right and economically necessary. Furthermore, achieving empowerment still depends on the fight against gender-based violence. In addition to solid legal safeguards, social support networks such as safe havens, therapy programs, and public education initiatives aimed at transforming views that normalize violence must also support legal protections. Creating safer physical and digital spaces where women may exercise their rights without fear of violence or harassment is a crucial step in addressing this widespread issue in efforts to empower women.

In the long run, women's empowerment is a requisite of a thriving society. Such can be achieved through a holistic approach by providing them with education, educating ourselves about the struggles and achievements of women, providing them with healthcare, and opportunities for political participation. These preliminary measures are essential for creating a world where gender equality is a reality rather than an aspiration.

CONCLUSION

The strive towards women's empowerment in India is far more complex and multi-faceted, and to achieve it, many social, legal, and cultural factors have to favour women. Despite significant legal achievements, including landmark cases, amendments to keep pace with the changing circumstances, and court guidelines to safeguard women, the gap between the social and pragmatic aspects grows vast. There is no doubt in the judiciary's measures to reduce the gap as they do significant developments to reduce it.Women continue to be the backbone of our society, and their treatment has somehow gotten unwelcoming even more, especially in Indian society. Suppose we trace back to older civilizations, women were treated on par, if not better, by society. In some societies, they were treated like goddesses and given the highest respect and honor. To demean such old traditions and treat the women in a manner that they do not feel safe in the environment they were brought up in is such a humiliation to contemporary times. There has been a stigma in society that continues to be upheld till now that women are inferior to men in all standards of life, which cannot be suppressed through law or amendments.

This can be done through the progressive view of society, which does not tug on the general stigma and involves educated members of the society understanding the statutes made by the legislature and acting in consonance with them.  

Deep-seated ideologies of patriarchy paired with caste-based discrimination continue to serve as a significant obstacle to this process. A cultural revolution in attitudes towards women that ensures their equality, safety, and dignity in all spheres of life is necessary for true empowerment and strong legal protections. It is crucial to acknowledge that women's rights are moral requirements for a just society and legal entitlements as we continue to evaluate the advancements gained. 

The message is clear: the pragmatic society should start functioning in the progressive future. It must go beyond the superficial reforms and eradicate inequality and social hierarchies. This means that everyone, regardless of gender, must pledge to sustain equality, justice, and respect as the cornerstones of a truly inclusive world and that women must actively participate in building the future. The best thermometer for the progress of a nation is the treatment of its women. - Swami Vivekananda.

AUTHOR:

RAGHUL KRISHNAA

SYMBIOSIS LAW SCHOOL, HYDERABAD