By Mahalakshmi Pavani
The theme for this year is “Choose To Challenge”. A rather provocative and thought-provoking theme. A world that is consumed in turmoil and seen the resurgence of fundamentalist tendencies is rather instinctive, unlearning the struggles of women. It has seen the emergence of more nuanced and amplified forms of discrimination. The crimes against women remain ever-pervasive. Celebrated feminist writer Geena Dunne Anderson remarked: “Feminism isn’t about making women stronger. Women are already strong, it’s about changing the way the world perceives that strength.”
Women have been biologically programmed to be tenacious, thereby putting the notion of being the weaker gender to test. History bears testimony to their grit as mothers, nurturers, warriors and writers. The list goes on. But women also have the power, the integrity to look beyond these roles and carve their own path. I wish to see women grabbing the world by its lapels to achieve their true potential and hence be brave enough to #ChooseToChallenge. The path to change is never a linear one, it is rather coarse and bruising, but these are scars that one needs to adorn like a badge of honour.
One can see change being brought about by Indian women, be it Rani Lakshmi Bai of Jhansi, Sarojini Naidu, Kasturba Gandhi, BhikajiCama, Lakshmi Sahgal, Sucheta Kripalani, Tara Rani Srivastava, Dakshyayini or countless unspoken heroes. However, their contribution remains unfettered and this speaks volumes of their patriotic fervency towards the nation.
Perhaps, this is the fervency that we need to replicate to embrace the change that social mores need. Former US President Barack Obama in one of his speeches had remarked: “Change will not come if we wait for some other person, or if we wait for some other time. We are the ones we’ve been waiting for. We are the change that we seek.”
Though the onus falls on us as individuals to bring this about, the judiciary too has been instrumental in steering change and reinforcing the principles of equality vouchsafed by the Constitution of India. Law, justice and society form the golden triumvirate when it comes to social change. India prides itself on an independent judiciary while balancing the legitimate expectations of the Constitution.
Despite having scaled new heights in many male-dominated fields, women continue to face social and economic oppression. Perhaps the founders of the Constitution could perceive the deep-rooted and entrenched bigotry in society and hence were motivated to carve out a special provision that manifested itself in Article 15 (3). This Article empowers the State to make laws for the benefit of women and children and says: “Nothing in this article shall prevent the State from making any special provision for women and children.”
A rather contentious issue here is the phrase “special provision”. This takes us to the AnujGarg and Ors. v. Hotel Association of India, where judicial interpretation adopted to the changing circumstances of society vis-a-vis gender equality in the workplace. The idea of romantic paternalism was gauged by the apex court, which, in this case, centred on the prohibition on women working as bartenders. This was sought to be justified under Article 15(3) as being a special provision for their benefit. The embodiment of romantic paternalism as elucidated in Anuj Garg made it clear that classifications through “protective legislation” basis cannot be sustained even when the State makes a claim that the law actually benefits women, and was thereby saved by Article 15(3).
This brings us to the much-debated issue of gender justice in India. This deals with the relationship among men and women. The Constitution advocates fair treatment of women and men. Equal participation by both in economic and social development, and benefitting equally from societies’ resources is crucial for achieving gender justice.
Right to equality and right to life is guaranteed as fundamental rights under the Constitution through Articles 14 and 21 respectively. Unfortunately, gender justice looks foggy when evaluating the ground realities and crime against women in India. More often than not, there are horrific incidents that shake the very foundation of society such as the Nirbhaya rape case. Though there have been efforts to mitigate the situation, much remains to be done.
The Committee on Amendments to Criminal Law under the Chairmanship of Justice (Retd.) J.S. Verma, which was constituted in the aftermath of the 2012 Nirbhaya case, proposed radical reforms to the legal and penal framework with respect to offences against women. The report emphasised the fortiori of State responsibility for providing a safe environment while recognising the prevention of crimes against women.
It even highlighted the egregious nature of the incident and how it struck at the very nature of basic human rights guaranteed to women in India. It indicated a stricter punishment to induce deterrence. While the report was comprehensive, the investigation of such crimes remains influenced by bureaucratic red-tapism. The legislative framework for the protection of the rights of women, in turn, amplifies the very principle of equality enshrined in the Constitution, covering various facets of a woman’s life where she faces discrimination and subjugatory behaviour. (IPA Service)
Courtesy: The Leaflet