Says criminal justice system has failed to protect their rights
The criminal justice system has failed to protect the rights of women, who are often victims of violence and discrimination, Supreme Court Judge Ranjana P. Desai said here on Saturday.
“The police, prosecutors, courts, in fact, the entire criminal administration justice system has failed to give relief to women though the Constitution zealously protects women and though several enactments seek to achieve … gender justice.”
Society has also not been responsive to their cry for justice, Ms. Justice Desai said delivering the key note address at the inauguration of national conference of the All India Federation of Women Lawyers.
Violence against women cuts across all religions, races, castes and communities. Discrimination against women had become a global phenomenon.
Annually, millions of female foetuses were destroyed and the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 had failed to achieve its object. Conviction rate of registered cases was very low.
Justice P. Sathasivam of the Supreme Court, in his inaugural address, said that the judiciary was performing the role of a social reformer and pointed out that it was taking care of the problems and interests of women.
“In the context of gender justice and equality, the judiciary has attempted to venture into the critical role of a social reformer by upholding the rights of women, especially the victims of sub-ordination and suppression. Judiciary has played its role both as a court of judicial restraint and as a progressive, dynamic, creative and proactive institution for social, economic and cultural transformation.”
Chief Justice of the Madras High Court M.Y. Eqbal said that in the West women had to fight even for a right to vote, but so far as India is concerned, the Constitution has given them equal rights. Article 42 of the Constitution of India imposed a fundamental duty on every citizen through Article 15A (e) to renounce the practices derogatory to the dignities of women.
Justice D. Murugesan of the Madras High Court; Jayanthi Natarajan, Union Minister; and C.Ve. Shanmugam, Minister for School Education, Sports and Youth Welfare, Law, Courts and Prisons were among those who spoke.
Keywords: women's rights, violence against women






Though the Indian judiciary has always tried to project itself as a 'Great' social reformer and protector of the fundamental rights of the people especially women e.g.Supreme Court in Vishaka's case laid down exhaustive guidelines to prevent sexual harassment of working women in their places of work until enactment of a Legislation for this purpose. Article 44 of the Constitution of India envisages a Uniform Civil Code for all the citizens and to fulfill this dream of the framers Constitution, the Hon'ble Supreme Court has time and again reminded the Legislature to enact the Code. Unfortunately despite all this till date no step has been taken by Parliament to achieve this goal and personal laws opressive to women continue to exisit.God knows why the judiciary has refrained from setting any deadline for the enactment of such a Code or framinng any guidelines as it did in Vishaka's case .Is judiciary social reformer in reality....?.
Its true that even after so many years of Constitionalism women in our country still,predominantly,lead a primitive life.The fruits of liberty,justice, soveriegnty, equality and fundamental rights-social, economic n political, still eludes them in general.It proves beyond doubt that only by enacting laws n statutes the position of women cannot improve.Infact, it requires genuine introspection and concrete steps by the society in general and government in particular.
Discrimination against women started as early as evalution of Mammals;
We can see the rival fights between Male species of mammals especially
advanced species like guarillas, elephants ,lions, tigers etc. The
possesive nature of these species ensure procreation by the fittest
among them. The role females are often subdued; After evaluation of
Mankind, the human Male also subdued their rivals for possesion of
females' leaving no choice for them to select their Partner; The same
jungle rule sustains and even so called advanced societies don't allow
their womenfolk the freedom enjoyed by their Men ; it is anchored
deeply into our cultures through religious suppression; Dare to change
and revolutionise?...............
As far as India is concerned the root cause lies in the fact that the male dominated both housess of governance are yet to digest the need of earmarking 50% of representation for women not even thirty percent.It is a pity that more than 60 years of so-called representative governance has left half the population waiting outside Parliament for their rightful share.So as long as the male domination continues it will reflect in all walks of women's life.Will our female population take a firm stand that they will elect only female representatives or will prefer to abstain from voting , in the course of time it can make some pragmatic change in representation.If the initiative is not comming from top let it start from botom to top.Need less to say that a global presence of discrimination can't simplify justify it's domestic prevalance just because it is a global issue.
On one hand there is cry for equality and on the other the cry is
for reservation.Are woman truly equal to men? Masculinity and
femininity identified and recognized socially is actually different
from the scientific perspective,wherein the determinant factor is
the predominance of androgen or estrogen,the constituents of the
gene. Therefore some men have predominantly female qualities,while
some women have male qualities. In other words, some women are equal
or superior to some men while others are inferior needing support.
The same is the case of men too.Some are equal or inferior to women.
The general impression in vogue since long have been that women are
frail, weak and need support and protection, and this is true even
now in majority of the cases. I would therefore think that a
scientific approach in the matter would be appropriate. Reservation
is in fact meant for the physically,economically or socially weaker
sections of the population.It should be so.
The Judiciary and particularly the Supreme Court has been in the
vanguard of the movement for Women's Empowerment. However I would
suggest that we should not blindly copy the West while introducing
reforms for upholding Women's Rights as provided in our Constitution. We
should keep in mind our socio-economic conditions. WE should lay more
emphasis on women's education and health. The Judiciary should come down
heavily against rape, dowry ,female infanticide and sexual harassment in
work places.
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