History of Women’s Rights: Access to Justice for women

PREFACE

The history of women’s rights in India is rich and varied, reflecting the country’s diverse cultural, religious, and historical contexts. Women in India have played significant roles in various aspects of society throughout history, yet they have also faced enduring challenges and discrimination. The struggle for women’s rights in India has been shaped by centuries of tradition, colonialism, social reform movements, and modernization

Women’s Rights and Freedom of Movement –

In ancient India, women occupied respected positions in society, as evidenced by the presence of female deities in Hindu mythology and the participation of women in religious rituals and scholarly pursuits. However, the codification of Hindu laws such as the Manusmriti relegated women to subordinate roles within the family and society, imposing restrictions on their autonomy and rights.

During the medieval period, the status of women in India was further influenced by Islamic rule, which introduced new cultural and social norms. While Muslim women enjoyed certain legal rights such as property ownership and inheritance, they were also subject to patriarchal customs and practices.

The advent of British colonial rule in the 18th and 19th centuries brought significant changes to Indian society, including shifts in gender dynamics. British colonial policies often reinforced traditional patriarchal structures while also introducing new ideas about education, governance, and legal reform. Colonialism led to the emergence of early feminist voices such as Pandita Ramabai and Rukhmabai, who advocated for women’s education, widow remarriage, and legal rights.

The late 19th and early 20th centuries saw the rise of social reform movements aimed at addressing issues such as child marriage, sati (widow burning), and the purdah system. Leaders such as Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, and Mahatma Gandhi played key roles in advocating for women’s rights and social equality.

The Indian women’s rights movement gained momentum during the struggle for independence from British rule. Women like Sarojini Naidu, Kamaladevi Chattopadhyay, and Aruna Asaf Ali actively participated in the nationalist movement and contributed to shaping the future of India. The Indian National Congress, under the leadership of figures like Jawaharlal Nehru and B.R. Ambedkar, included women’s rights as part of its agenda for social and political reform.

After gaining independence in 1947, India adopted a constitution that enshrined principles of equality, freedom, and justice for all citizens. The Constitution of India guarantees fundamental rights such as equality before the law, freedom from discrimination, and the right to education and employment. However, despite legal protections, women in India continue to face various challenges, including gender-based violence, unequal access to resources, and social inequality.

In recent decades, grassroots movements, women’s organizations, and legal reforms have sought to address these issues and advance the cause of women’s rights in India. Landmark initiatives such as the National Commission for Women, the Protection of Women from Domestic Violence Act, and campaigns against female foeticide and dowry violence have contributed to raising awareness and promoting gender equality.

While progress has been made, significant barriers to women’s rights persist in India, including deeply entrenched patriarchal attitudes, caste-based discrimination, and socio-economic disparities. The ongoing struggle for women’s rights in India is part of a broader global movement towards gender equality and social justice.

Women’s Right :

1. Right to Equality: Women have the legal right to equality before the law and equal protection of the law without discrimination based on gender. This includes protection against discrimination in employment, education, healthcare, and other areas of public and private life.
2. Right to Non-Discrimination: Women have the right to be free from all forms of discrimination, including direct and indirect discrimination, harassment, and unequal treatment based on gender. This includes protection against discrimination in hiring, promotion, pay, and working conditions.
3. Right to Education: Women have the legal right to access quality education at all levels without discrimination. This includes the right to primary and secondary education, as well as higher education and vocational training.
4. Right to Work: Women have the right to work and to pursue a career of their choice without discrimination. This includes the right to equal pay for equal work, protection against workplace discrimination and harassment, and access to maternity leave and other benefits.
5. Right to Health: Women have the right to access comprehensive healthcare services, including reproductive healthcare, maternal healthcare, and treatment for conditions that disproportionately affect women, such as breast and cervical cancer.
6. Reproductive Rights: Women have the legal right to make decisions about their bodies, including the right to access reproductive healthcare, contraception, and safe and legal abortion services. Reproductive rights also encompass the right to have children and the right to protection from forced sterilization and other forms of reproductive coercion.
7. Freedom from Violence: Women have the right to live free from all forms of violence, including domestic violence, sexual assault, trafficking, and harmful traditional practices such as female genital mutilation (FGM) and child marriage.
8. Property Rights: Women have the legal right to own, inherit, and manage property on an equal basis with men. This includes rights to land, housing, and other assets, as well as protection against discriminatory inheritance laws and practices.
9. Political Rights: Women have the right to participate fully and equally in political processes and decision-making at all levels of government. This includes the right to vote, stand for election, and hold public office.
10. Legal Protection in Conflict and Crisis: Women have the right to protection and assistance in situations of armed conflict, humanitarian crisis, and displacement. This includes protection from gender-based violence, access to essential services, and participation in peacebuilding and post-conflict reconstruction efforts.

Landmark Judgements upon Women’s Right –

1. Vindhya Saxena Versus East Delhi Municipal Corporation (Right to use Mother’s Surname)
2. Shayara Bano Versus Union of India (Gender Justice and Women’s Right )

Conclusion :In closing, let us reaffirm our commitment to the principles of equality, justice, and human dignity. Let us pledge to stand with women and girls everywhere, to listen to their voices, and to amplify their struggles and triumphs. Together, we can build a world where women are free to pursue their dreams, exercise their rights, and contribute fully to society. The journey towards gender equality may be long and challenging, but with perseverance and collective action, we can create a future where all individuals, regardless of gender, can thrive.