Isher Singh Jasrotia
We are talking of India as biggest democracy in the world having basic essential features in the Preamble of our Constitution – Social Justice, Liberty, Equality, Fraternity that are reflected in our Constitution. In reality these features are defeated when we are witnessing increasing crimes against women who have been victim to various atrocities like physical and mental torture, economic and sexual harassment, dowry death, infanticide. In fact, these multifarious crimes and victimisation of women commensuration with innumerable other impediments, are the root causes for the impairment of our society, endangered and damaged the society to an extent every one is worried in the present context. How we can forget the atrocity meted out with the girl on 16th of December 2012 regarding the rape with that 23 years girl?
On the one hand, we are talking about of India as the largest democracy, in its developing stage at a very rapid rate. Reality is otherwise, the philosophy of our Constitution is that peace and tranquility can not take place unless disparities due to the different religions, castes, cultures, traditions, regional disparities, are discarded.
Time and again there are controversial issues and challenging considerations before the society – Status of women, growing terrorist activities and allied coinciding problems. Social Justice – as a fundamental right in the comprehensive form in fact, is an important factor to determine and remove social imbalance by law harmonising the interest of different groups/sections of society- a way to built up a “Welfare State”. Fact is that women are mothers, sisters, daughters and their counter part in-laws – all human being, forming part of our society. From the days our society came into existence, the women have not been treated equally due to numerous constraints, cultural traditions, ethos, and inhuman treatments and vice versa. On the other hand in the recent years, the women have played tremendous role in moving the society on the path of civilised society, may it be education, industry, banking, government/private undertaking.
In the olden days, when there was little awareness of the civilisation, the liberty of the women was confined to the four-wall of the houses and they were even sacrificed when the tradition of Sati was prevalent. But with the change of time, our social reformers like Keshab Chandra Sen, Dhondo Keshav Karve, Ramakrishna Paramahans, Saralabala Devi Chowdhari, Swami Veveknanada, Raja Ram Mohan Roy, Bal Gangadhar Tilak, Mahatma Gandhi and similar other reformers who had the vision for the plight of women, enlightened and awakened our society. Similarly since our Constitution was formed and the education was considered as the main factor for making change in the society, women got the opportunities to excel their potentials in every field.
Women are now taking active part in every field- may it be political, defence, security forces, education, industry or any other field. To cite few examples are late Indira Gandhi, our first woman Prime Minister – a courageous, brave, bold lady who had the passion for peace, Krishna Mehta – our first woman M.P from Jammu and Kashmir State who had the vision of social transformation, Kiran Desai, a noted writer and youngest woman awarded Britain’s Highest literary award, Kiran Bedi, Pratibha Patil, our first women President and similar others who have been Chief Ministers, MPs.
If the aims and objectives of social justice are to be achieved through liberty, equality and fraternity, which are the basic essentials reflected in the Preamble of our Constitution, crimes against the women required to be stopped by enforcing stringent measures and laws. To establish a socialistic society (welfare society) and civilised society, there is to be liberty, respect and dignity to all including women – an ideal way of living a peaceful life through freedom of thoughts, expression, fellow feeling, brotherhood which can lead towards a modern civilisation and socio-economic development. It is firm conviction and admitted fact that the education is an important and fundamental factor which can save our society from extinction, degradation and deterioration.
Under Article 15, Prohibition of determination on grounds of religion, race, caste, sex, place of birth, it has been held that section 497 of IPC which says that in an offence of adultery though the man is punishable for adultery, the woman is not punishable as an abettor, is not unconstitutional, because such immunity is necessary for the protection of woman in view of their existing position in Indian society.
Time and again there have been debates and discussions for the cause of women, growing harassment and domestic violence. From time to time government is proposing formulation of commissions and setting up of organisations for the redressal of women’s victimisation but no stringent steps have so far been taken for enforcement of such laws which could prohibit unwanted happening in future.
In the context of sustained and substantial technological development taking place, political awakening and consistency in the global environment, it is imperative that our society is brought up to the fashion of modern civilisation by educating our new generation and enforcing stringent law.
The government has changed but the long pending women’s Reservation Bill, which has been debated in many sessions in Parliament and other groups and organisations for the uplift of women, are under constraints, impediments and hindrances. Unless concrete and vigorous legislation as also demanded by the public in large, is formulated and enforced, the trend of women victimisation, crimes and harassment will continue to exist.
In the month of March 2014, before the General Elections when the death penalty was awarded by the Court to three gang rapists of Bombay, the statement given by Mulyam Singh Yadav (SP Supremo) on 10th April 2014, that “the young boys usually commit rape and commit mistake” and further his statement that “We will change the law once we come into power” was very shocking. It sought criticism and comments from many quarters with the result that SP lost the general election.
Similarly the statement given by Arun Jately, holding an important portfolio at the Centre, was entirely against the status of women and there was great protest from the women and all sections of the society, as it has affected the morale of women. How the public can believe the government and these ministers who claim to stop the crimes against the women. The courage shown by Mamta Yadav who was harassed by a son of Minister of SP but she faced the culprit boldly, is realy commendable as has been lauded by all sections of the society.
