International Conference on Human Rights Law, Justice and Governance

Advancing the Human Rights of Women: Using international Human Rights Standards in Domestic Litigation
Prachi Agrawal & Shatakshi Sharma 2nd year, 4th semester. Chanakya National Law University, Patna, Bihar.

Human rights are rights inherent to all human beings irrespective of nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. These are fundamental inalienable and basic right originated from international charters and conventions and took the catalyst of World War II to propel human rights onto the global stage. Even after so many years achieving human rights is still a dream rather than a reality in a male dominated society such as India. Women, whose Bangles may often be used as the metaphor for her shackles, live in the society where womens Human Rights Violation is entrenched surpassing all limits. Given the subordinate status of women, much of gender violence is considered normal and even enjoys social sanction. The genesis of the human right violations against her are manifested by the acts like foeticide, rape and sexual abuse, psychological violence through insults, humiliation control over speech and actions etc. This paper seeks to present the laws made for the women, their implementation, their violation and the loopholes with an attempt to expose the pitiable and ghastly comical status of Indian women. This paper tends to deal with case laws and legislations enacted by the Indian legislature and Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, international covenant on economic social and cultural rights to protect womens right as human. Alleged acts of violation of human rights against women like rape, dowry death, sati pratha, unwanted girl child, prostitution, sexual harassment at workplace, and domestic violence will be discussed in detailed fashion. This paper will also mention the provisions of the various act like Protection of Women from Domestic Violence Act 2005, Dowry Prohibition Act 1961, Indecent Representation of Women (Prohibition) Act of 1986, National Policy for the Empowerment of Women, 2001 and their usage and implementation.