HUMAN RIGHTS RELATED TO WOMEN

1. INTRODUCTION

Women's rights are the rights and entitlements claimed for women and girls worldwide, and
formed the basis for the women's rights movement in the nineteenth century and feminist
movement during the 20th century. In some countries, these rights are institutionalized or
supported by law, local custom, and behavior, whereas in others they are ignored and
suppressed. They differ from broader notions of human rights through claims of an inherent
historical and traditional bias against the exercise of rights by women and girls, in favor of
men and boys.

The violation of women’s fundamental rights through physical, mental, emotional, and sexual
violence against women has become almost commonplace.1

2. CONVENTION RELATING TO WOMEN’S RIGHTS

1. CONVENTION ON THE POLITICAL RIGHTS OF WOMEN (1952)

The preamble of the convention on the political rights of women expresses the desire to
implement the principle of equity of rights for men and women contained in the charter of the
United nations. It recognizes that everyone has the rights to take part in the government of
his country directly or indirectly through chosen representatives and has the rights to equal
acces to public service.

The main provisions of the convention on the political rights of women(1952)are following:

a. Women shall be entitled to vote in all elections on equal terms with men, without any
discrimination.(article 1)

b. Women shall be entitled to hold public office and exercise all public functions, established
by national law, on equal terms with men, without any discrimination (article 2)

1
H.O. Agarwal, Human Rights, 112 (Cental Law Publications, Allahabad, 15th edn., 2014).
c. Any dispute which may arise between two or more contracting states concerning the
interpretation of application of this convention, which is not settled by negotiation, shall at
the request of anyone of the parties to the dispute be referred to the international court of
justice for decision, unless the agree to another mode of settlement.(article 9)2

3. CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (1979)

This convention was adopted in 1979 by the UN General Assembly, is often described as an
international bill of rights for women. Consisting of a preamble and 30 articles, it defines
what constitutes discrimination against women and sets up an agenda for national action to
end such discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or

restriction made on the basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their marital status, on a
basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field."

By accepting the Convention, States commit themselves to undertake a series of measures to

end discrimination against women in all forms, including:

• to incorporate the principle of equality of men and women in their legal system,
abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;

• to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and

• to ensure elimination of all acts of discrimination against women by persons,

organizations or enterprises.

• To repeat all national penal provisions which constitute discrimination against

women.

2
S.K. Kapoor, International Law & Human Rights, 114 (Central Law Publications, Allahabad, 16th edn., 2009).
• To take all appropriate measures including legislation, to modify or abolish existing
laws, regulations, customs, and practices which constitute discrimination against women.

Implementation of the convention

The convention provides for the establishment of a committee as elimination of

discrimination against women. The committee shall consists, at the time of entry into force
of the convention and, after ratification of or accession to the convention by the thirty -
fifth state party, of twenty-three members who are experts of high moral standing and
competence in the field covered by the convention. since the convention has been ratified or
acceded to by a large number of states, far greater than 35, the committee now consists of
twenty-three members. The committee seeks to ensure implementation of the convention
through reporting procedures.

The implementation machinery for the convention is very weak and far from satisfactory by
any standard. The committee has no teeth. It cannot compel the state parties to give effect to
the provision of the convention. It may simply make suggestions and general
recommendations based on the examination of reports and information received from the
state parties. The convention on the elimination of all forms of discrimination against women
is also conspicuous by absence of provisions relating to inter-state communication system.

3. OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION AGAINST WOMEN.

This protocol provides machinery for the implementation of the convention. by 25 January,
2008, the optional protocol has been ratified by as many as 90 countries.3

4. CONVENTION ON THE NATIONALITY OF MARRIED WOMEN (1957)

3
https://www.google.co.in/amp/s/edugeneral.org/blog/polity/women-rights-in-india/amp/ (Visited on October 9,
2017
The Convention on the Nationality of Married Women is an international convention passed
by the United Nations General Assembly in 1957. It entered into force in 1958 and as of 2013
it has 74 state parties.

a. Neither the celebration nor the dissolution of marriage between one of its nationals
and an alien, nor the change of nationality of another by the husband during marriage, shall
automatically affect the nationality of the wife.(article 1)

b. Neither the voluntary acquisition of the nationality of another state nor the
renunciation of its nationality by one of its nationals shall prevent the retention of its
nationality by the wife of such national.(article2)

c. The alien wife of one of its nationals may, at her request, acquire the nationality lf her
husband through specially privileged naturalization procedures. However, the grant of such
nationality may be subject to such limitations as may be imposed in the interest of national
security or public policy.(article 3,para 1)

d. Further, the present convention shall not be construed as affecting any legislation or
judicial practice by which the alien wife of one of its nationals may, at her request acquire her
husband’s nationality as a matter of right. (Article 3,para2)

According to Article 6 of the convention, the convention shall come into force on the
ninetieth day following the date of deposit of the sixth instrument of ratification of accession.
by January 1, 1978, the convention had been ratified by 52 states.

BEIJING CONFERENCE

The fourth world conference on women, held in 1995 (4-15 September) in Beijing,
commonly called Beijing conference stated that ‘ women’s rights are human rights’, the
conference called for the integration of women’s human rights in the work of the different
human rights bodies of the United nations. It considered issues of violence against women in
public and private life as human rights issues. The conference also called for the eradication
of any conflicts which may arise between the rights of women and the harmful
Effects of certain traditional or customary practices, cultural prejudices and religious
extremism.4

3. STATUS OF WOMEN IN INDIA

India has given equal status to women under its constitution under Article 14 which provides
that “the states shall not deny to any person equality before law or the equal protection of
the laws within the territory of India”. Women in India enjoy right to equality and any
discrimination against them shall be violation of equality of right and respect for human
dignity.

In order to improve their status further, the constitution provides under 15(3) that states may
take special provisions for women. Indian courts on the basis of above constitutional
provisions have regarded a number of rules and regulations as discrimination against women,
and consequently, unconstitutional.

For instance, in Air India v. Nargesh Mirza5, The supreme court struck down the provision of
the rules which stipulated the condition that services shall be terminated on her first
pregnancy as unconstitutional.

In Maya Devi v. State of Maharashtra6, The requirement that a married women should obtain
her husband’s consent before applying for public employment was held invalid and
unconstitutional.

4
http://www.un.org/womenwatch/daw/beijingplatform/human.htm (Visited on October 6, 2017)
5
AIR 1981 SC 1829
6
ISCR 1986 743