I was recently helping out my friend in editing a portion of an yet to be published article in a journal which talks about the women's issues related to literacy and economic independence and how they can be asserted judicially. I have just written an introduction and conclusion.
Here is what I have written.
Introduction:
For so long in this country and elsewhere in places where women function in liberal democratic spaces, their battle against stereotypes and discrimination continues. After breaking out of the medieval yoke of "Women are sub-ordinate to Men" they have come a long way but still this process is a way to go. Significant results are achieved through literacy and economic independence. The other side of argument is through literacy economic independence is achieved and economic independence is sustained by ensuring justice through legal institutions of state. This article ponders over what are the current hurdles for asserting women's equal rights vis-a-vis men's and the legal remedies available to re-establish the their rights. The judiciary being one of an important arm of a modern state must not restrict itself from adjudicating the matters brought before it but also engage in judicial activism, this may be at the risk of being called as Judicial overreach. But that appears to be the only option when things could not be handled constitutionally by the other two arms of the state ie., the executive and legislature. Though this article talks about the legal perspective but without the active support of legislature and executive there will be no salutary effect when it comes to safeguarding women's rights. We could deduce to an extent that literacy and economic independence is achieved but the bench mark should be how much of it we have achieved is indeed a moot question.
Within the context of India, historically women suffered social stigmas through centuries and through activism of few individuals and groups those taboos were either eliminated or reduced to significant levels. But the crux of modern issues with respect to women's rights is more to do with economic independence which is denied to her. And subsequently the role of legislature to empower this oppressed section of our society with a number of statutes which were liberally interpreted by our courts for the benefit of women should also be given due importance.
But if one is forced to think that despite plethora of statutes and other legal remedies why the discrimination is still perpetrated, the answer might be poor implementation of existing legal provisions, women themselves are not aware of their rights and often women lack means to pursue their goal ie., justice.
Conclusion:
After reviewing this article we could say that the legislature, executive and to an extent women themselves have to play an active role in safeguarding their rights. Though in this whole article we have kept ourselves out of sexual harassment issue because that in its own right is a substantial and a separate issue which requires to be dealt with as a distinct malady apart from regular issues of equality, economic independence and others to name a few. Though for the purpose of convenience we could always stratify the issues based on rights affected in work place, family and society etc and address each one of them at a time, issues relating to access to judicial remedies for example must be laid more emphasis and also the role of state to ensure the means and resources available for women which shall help them in asserting their rights. For issues related to workplace independent focus groups shall be formed to address routine work related issues which could also include matters related to compensation, for this ID act 1947 to be amended to distinguish women workers/employees from the general term “workers”. And the management has to be given a separate deadline to address issues related to women employees which shall address concerns in a timely manner. Government must appoint task forces to inspect whether all the provisions of statutes which are meant to take care of women's rights are implemented correctly and the institutions which did not adhere to these shall be made liable for their non-adherence. All women employees must be encouraged to engage in continuing education which shall educate them about their guaranteed legal rights. State must actively involve itself in promoting the awareness of issues relating to women's rights.
Here is what I have written.
Introduction:
For so long in this country and elsewhere in places where women function in liberal democratic spaces, their battle against stereotypes and discrimination continues. After breaking out of the medieval yoke of "Women are sub-ordinate to Men" they have come a long way but still this process is a way to go. Significant results are achieved through literacy and economic independence. The other side of argument is through literacy economic independence is achieved and economic independence is sustained by ensuring justice through legal institutions of state. This article ponders over what are the current hurdles for asserting women's equal rights vis-a-vis men's and the legal remedies available to re-establish the their rights. The judiciary being one of an important arm of a modern state must not restrict itself from adjudicating the matters brought before it but also engage in judicial activism, this may be at the risk of being called as Judicial overreach. But that appears to be the only option when things could not be handled constitutionally by the other two arms of the state ie., the executive and legislature. Though this article talks about the legal perspective but without the active support of legislature and executive there will be no salutary effect when it comes to safeguarding women's rights. We could deduce to an extent that literacy and economic independence is achieved but the bench mark should be how much of it we have achieved is indeed a moot question.
Within the context of India, historically women suffered social stigmas through centuries and through activism of few individuals and groups those taboos were either eliminated or reduced to significant levels. But the crux of modern issues with respect to women's rights is more to do with economic independence which is denied to her. And subsequently the role of legislature to empower this oppressed section of our society with a number of statutes which were liberally interpreted by our courts for the benefit of women should also be given due importance.
But if one is forced to think that despite plethora of statutes and other legal remedies why the discrimination is still perpetrated, the answer might be poor implementation of existing legal provisions, women themselves are not aware of their rights and often women lack means to pursue their goal ie., justice.
Conclusion:
After reviewing this article we could say that the legislature, executive and to an extent women themselves have to play an active role in safeguarding their rights. Though in this whole article we have kept ourselves out of sexual harassment issue because that in its own right is a substantial and a separate issue which requires to be dealt with as a distinct malady apart from regular issues of equality, economic independence and others to name a few. Though for the purpose of convenience we could always stratify the issues based on rights affected in work place, family and society etc and address each one of them at a time, issues relating to access to judicial remedies for example must be laid more emphasis and also the role of state to ensure the means and resources available for women which shall help them in asserting their rights. For issues related to workplace independent focus groups shall be formed to address routine work related issues which could also include matters related to compensation, for this ID act 1947 to be amended to distinguish women workers/employees from the general term “workers”. And the management has to be given a separate deadline to address issues related to women employees which shall address concerns in a timely manner. Government must appoint task forces to inspect whether all the provisions of statutes which are meant to take care of women's rights are implemented correctly and the institutions which did not adhere to these shall be made liable for their non-adherence. All women employees must be encouraged to engage in continuing education which shall educate them about their guaranteed legal rights. State must actively involve itself in promoting the awareness of issues relating to women's rights.
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