UNITED NATION AND HUMAN RIGHTS OF WOMEN

Introduction

At the Women’s March in Los Angeles in 2018, an activist held up a sign

proclaiming, “Human rights are women’s rights.” Women’s rights have long
been controversial, but the United Nations formally approved this concept at
the Fourth World Conference on Women in Beijing in 1995. This idea was then
propelled into the mainstream as the concept of ‘gender equality’ was sidelined
for centuries, following Hillary Rodham Clinton’s (former United States
Secretary of State) speech at the United Nations conference.

It was 25 years later that the phrase “Women’s rights are human rights” entered
mainstream idioms from Hillary Clinton’s speech. Although there was nothing
new about the concept, Clinton’s speech at the Fourth World Conference on
Women generated so much excitement and energy that it revitalized modern
feminism and contributed to global attempts at achieving gender equality. The
argument that gender equality should be a human right has long been made by
women’s rights advocates but was rebuffed for years by those who claimed
men’s rights were higher than women’s.

History of women’s rights in India

Historically, women’s rights in India have gone through three phases, which are
as follows:
  During the first phase of the development of women’s rights,
reformists began to reform education and customs by advocating for
women’s rights in the mid-19th century.

 There was also a second phase between 1915 and the independence of
India when Mahatma Gandhi included women’s movements in the
Quit India movement and independent women’s organizations started
to form.

 The final phase, post-independence, is characterized by the right of

women to political parity, fair treatment after marriage, as well as
equal opportunities in the workplace.
There are still several obstacles that inhibit women in India from fully utilizing
their rights and opportunities despite the advancements. A woman’s religious
rights and expectations, or the religious laws and expectations enumerated by
her religion, commonly conflict with the Indian Constitution, denying her the
legal rights and privileges she should enjoy. Even though there is still much to
be done with regard to women’s rights, a lot of progress has already been made
in securing rights for women in India.

Highlights

1848–First women’s rights convention: In protest over the fact that women
are prohibited from speaking at an anti-slavery convention, Elizabeth Cady
Stanton and Lucretia Mott organized the first women’s rights convention in
New York. In a declaration of feelings and resolutions, they demand the right of
women to civil, social, political, and religious rights

1911-International Women’s Day: International Women’s Day is observed

annually on 8 March, drawing more than one million people throughout Austria,
Denmark, Germany, and Switzerland to promote women’s suffrage and equal
pay. It was initially used as a protest against World War I.

1920- Voice against Female Genital Mutilation (FGM): The Egyptian

Society of Physicians is the first known organization to declare that the practice
of female genital mutilation is harmful to health.

1945 – As a result of World War II, the United Nations was formed in 1945 to
promote international cooperation. A fundamental principle of the
organization is gender equality. The UN took many steps to ensure that
women’s rights are protected. A global intergovernmental organization
dedicated exclusively to gender equality was formed in 1946 with the
Commission on the Status of Women. It is noteworthy that UN Women became
the first agency of the United Nations exclusively dedicated to women’s rights
in 2010.

1970 – In Mexico, the first World Conference on Women, the first Decade
for Women, and the first International Women’s Year increased the level of
global discussion of women’s rights.

1994 – ICPD Programme of Action: In this 23-year action plan, people and their
rights were at the center and the health of women and girls was recognized as a
critical part of everyone’s well-being.

2000 – UN Security Council Resolution : It was the first political and legal
framework of the United Nations. This was formed to recognize that war
impacts women differently and that it calls for women’s participation in conflict
prevention and resolution.
2006 – Gulabi gang: It is an Indian community of poverty-stricken women,
wielding bamboo spears, that was formed when they heard their neighbour
abusing his wife in Banda district, Uttar Pradesh state. As a result of their
intervention, the husband acknowledged the abuse and stopped it. As of today,
tens of thousands of women dressed in pink (gulabi) are organizing to fight
individual and collective injustices against women in the state, inspiring similar
movements throughout the country.

2013 – Education for all: This movement was started by Malala Yousafzai, an
education activist and a schoolgirl who was attacked in Pakistan. In 2013,
Malala survived a gunshot wound to the head and neck and spoke at the UN for
the first time on her 16th birthday, marking her first public appearance.

Women’s rights in India

Many women in this country are not aware of their rights. The following are the
women’s rights in India based on gender equality:

Right to equal pay

Increasing discriminatory pay scales for the same type of work have contributed
to the emergence of issues related to ‘pay gap’ or unequal pay. The Indian
economy still lacks an inclusive and transparent wage policy, and due to this,
equal pay has become a matter of concern. The concept of equal pay
encompasses not only basic pay but also other benefits and allowances.

According to Article 39(d) and Article 41 of the Indian Constitution, both men
and women are entitled to equal pay for equal work. They form the Directive
Principles of State Policy. The guidelines will therefore serve as a guide to both
the central and state governments of India, which are to be considered when
framing laws and policies. Legislation such as the Equal Remuneration Act of
1976 also plays a crucial role and is a prime example of this. Section 4 of the
Act not only stresses equal pay for equal work but also prohibits employers
from reversing their pay scales to achieve an equilibrium.

The Supreme Court first considered equal pay for equal work in Kishori
Mohanlal Bakshi v. Union of India (1962). The court decided that the principle
could not be enforced in court. Mackinnon Mackenzie’s case, however, led to
the recognition in 1987. This case concerned a claim of equal remuneration for
men and women stenographers. The lady stenographers won the case as the
court ruled in their favour.

Right to live in dignity and decency

The right to live in dignity, devoid of coercion, violence, and discrimination,

belongs to every woman. Laws are very sensitive towards women’s rights and
dignity. Sexual harassment (Section 354A), assault with the intent to disrobe her
(Section 354B), voyeurism (Section 354C), stalking (Section 354D), and the
like, are all crimes punishable under the Indian Penal Code (IPC).

Right against workplace harassment

Females are entitled to file a complaint against any kind of sexual harassment at
their workplace under the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013. The Act permits her to make
a complaint in writing to an Internal Complaints Committee (ICC) at a branch
office within 3 months of the incident. In Vishakha and Ors. v. State of
Rajasthan and Ors. (1997), the following were the issues raised:

 Do sexual harassment at the workplace constitute a violation of the

Right to Life and Liberty and the Right to Gender Equality?
  Can the court apply international laws if there are no applicable
measures under current law?

 In the event that sexual harassment is perpetrated against or by an

employee, does the employer bear any responsibility?
It was stated by the Hon’ble Supreme Court of India that there was no law to
prevent sexual harassment and provide women with a safe working
environment. According to the Indian Penal Code, 1860, Section
354 and Section 354A were to be referred to in any case of sexual harassment,
but these provisions were not applicable in this case. Thus, the Hon’ble Court
became aware of the need for proper, effective legislation to address sexual
harassment.

Right against domestic violence

Women who live in households like mothers or sisters are protected

under Section 498A of the IPC from domestic abuse (including verbal,
economic, emotional, and sexual) perpetrated by their husbands, male live-in
partners, or relatives. As punishment, the accused will be sentenced to an
indeterminate period of imprisonment, which may extend to three years, and
will also have to pay a fine.

Right against dowry

Despite the Dowry Prohibition Act, of 1961, dowry continues unabated in India.
The bride’s family is often expected to give ‘gifts’ to the groom and his family,
even if this is not demanded outright. Dowry is illegal in India, and hence,
taking or giving dowry is a punishable act under the Act. The penalty for
violating the anti-dowry law is imprisonment for up to five years and a fine of
either Rs. 15,000 or the amount of dowry given, whichever is greater.
Right to keep their identity anonymous

There is a criminal offence in India for a person to disclose the identity of a

victim of an offence committed under Section
376, 376A, 376B, 376C and 376D of the IPC (which broadly covers sexual
assault offences). According to Section 228A of the IPC, publishing the names
of victims of sexual assault is prohibited, except in exceptional circumstances,
such as when the victim or next of kin is authorised to do so in writing (if the
victim is dead or minor or of unsound mind). Further, the media is prohibited
from releasing any information that could lead to the identification of a child
victim under Section 23 of the POCSO Act, 2012.

Right to legal aid

According to Article 39A of the Constitution of India, which came into effect
with the 42nd amendment, the poor and weaker sections of society have free
access to legal assistance.

According to Articles 14 and 22(1) of the Constitution of India, the State must
ensure equality before the law and create a legal system that promotes justice
and gives equal opportunity to everyone. As of 9th November 1995, the Legal
Services Authorities Act was enacted by the parliament to create a uniform
network for providing free and competent legal services to the weaker sections
of society nationwide. By virtue of the Legal Services Authorities Act, 1987,
the National Legal Services Authority (NALSA) is responsible for assessing the
effectiveness of legal aid programs, and establishing policies and principles for
ensuring the availability of legal assistance to the needy.
Right not to be arrested at night

A mode of arrest is outlined in Section 46 of the Code of Criminal Procedure,

1973. A person is arrested if they are seized by or touched by authorities to put
them in prison. Unless the individual seeking to be arrested submits to the
arresting officer’s method and goes with the officer, the officer’s words do not
constitute an arrest.

According to Section 46, the police have to seek permission from the Magistrate
before arresting a lady after sunset, and the arrest should be carried out by a
lady police officer. A sub-section was added by the legislature to Section 46 of
the Code by Section 6 of the Code Of Criminal Procedure (Amendment) Act,
2005, to prohibit arresting a woman after sunset or before sunrise except in
unavoidable circumstances.

Right to register virtual complaints

An individual can file a complaint with the Delhi Police via email or registered
mail, as per the Delhi Police guidelines. For any woman who, for whatever
reason, cannot visit a police station, she can make a written complaint by email
or registered mail to a senior police officer of the rank of Deputy Commissioner
or Commissioner. As an added option, a rape victim can lodge a police report at
any police station using the Zero FIR. Police stations do not have the right to
deny registering an FIR because it does not fall within their jurisdiction.

Right to privacy while recording the statement

A woman who has been raped may record her statement before the district
magistrate during a trial, as specified in Section 164 of the Criminal Procedure
Code, 1973. No other witnesses must be in attendance while the statement is
being recorded. The statement may also be recorded with only one police
officer and a female constable in a convenient location that does not cause
confusion or provide any possibility of a fourth person hearing the statement.
Maintaining the privacy of the woman is a legal requirement for the police.
While narrating the incident, the person should be comfortable and not under
stress in any way.

Global programmes for women’s rights

Vienna Declaration

Vienna hosted the 1993 World Conference on Human Rights. At the time, it
was intended to review the existing human rights machinery. “Women’s Rights
Are Human Rights” was the rallying cry used by women’s rights activists to
assert the importance of women’s rights within the international community.

As a result of the Conference, the Vienna Declaration and Programme of Action

were adopted. Specifically, the International Covenant stated that women and
girls’ human rights are inalienable, integral, and indivisible parts of universal
human rights. The Covenant placed a strong emphasis on eliminating gender-
based violence.

The Beijing Declaration

The Beijing Declaration and Platform for Action of the Fourth World
Conference on Women in September 1995 outlined an agenda for the
empowerment of women that addressed 12 key areas concerning the
implementation of women’s human rights. As a result of this conference, the
rights of women were explicitly articulated as human rights, in contrast to
previous conferences on women. A Platform for Action prioritized eliminating
discrimination against women and achieving equality between women and men
through numerous strategic objectives. The plan involved the application of
political and legal strategies on a global scale in accordance with human rights
principles. Among the comprehensive expressions of states’ commitment to the
rights of women, the Platform for Action was considered to be the most
comprehensive.

UN Conference on Sustainable Development

In 2012, heads of state and government met in Brazil for the United Nations
Conference on Sustainable Development. The assessment was aimed at
evaluating the progress made since the landmark 1992 Conference on the
Environment and Development of the United Nations in Rio de Janeiro. A
high-level forum was also established to discuss sustainable development.
Countries reaffirmed political commitment to sustainable development at this
conference, and goals for sustainable development were established.

Among the key outcomes was a document called “The Future We Want”.
Additionally, it reaffirmed the commitment of States to the rights, participation
and leadership of women in the economy, society, and political spheres. As part
of the outcome document, women were called on to take part in all aspects of
sustainable development with effective participation. It was also stated that
discriminatory laws should be repealed so that women can access justice justly
and equally.

UN Bodies for the Development of Women’s Rights

The following are the bodies of the United Nations concerned with the
protection, promotion, and development of women’s rights:

Commission on the Status of Women

In 1946, the Economic and Social Council of the United Nations established
the Commission on the Status of Women. In addition to recommending and
reporting to the Council, the Committee also works to promote women’s rights
in the political, economic, civil, social, and educational arenas.

As part of its mandate, the Commission must also recommend to the Council
the urgent problems in the area of women’s rights that need immediate
attention. The members of the Commission meet once each year and issue
statements on priority themes. As part of the agreed conclusions, governments,
international organizations, civil society, and other stakeholders are addressed
with concrete recommendations that assess progress, identify gaps, and address
challenges. Furthermore, the Commission takes action on issues related to
women’s rights.

Landmark Indian judgments around women’s rights

Vindhya Saxena v. East Delhi Municipal Corporation (Right to use

mother’s surname)

In Vindhya Saxena v. East Delhi Municipal Corporation (2021), the Delhi High
Court stated that a father does not have the right to dictate terms to his
daughters, and each child may use their mother’s name as long as it is
appropriate. During the hearing, the court issued the directive in response to a
petition from the father of a minor girl, who was seeking permission to use his
name as the daughter’s surname instead of her mother’s.

The judge declined the plea and refused to give a direction like this and claimed
that the father does not own his daughter. According to the judge, the minor girl
can use her mother’s surname if she wishes to do so. It was held that every child
has the right to use his or her mother’s surname if he or she so desires.
Vineeta Sharma v. Rakesh Sharma (Equal rights in property)

The Supreme Court ruled in Vineeta Sharma v. Rakesh Sharma (2020) that
daughters have an equal claim to Hindu property in an undivided family.
According to the court, this right is derived from birth. Daughters also enter the
coparcenary when they are born, as sons do. The proviso to Section 6 of
the Hindu Succession (Amendment) Act, 2005 provides that a daughter born
before September 9, 2005, can claim these rights with effect from the date of the
amendment. In addition, the court clarified that as the coparcenary right is by
birth, the father of the coparcener didn’t have to be alive on September 9, 2005.

Secretary, Ministry of Defense v. Babita Puniya and Ors (Gender equality

in the army)

As a result of its decision in the Secretary, Ministry of Defense v. Babita Puniya

and Ors (2020), the Supreme Court has paved the way for a new era of
constitutional change in the Indian Army by shattering gender stereotypes. The
court ruled that all female army officers are eligible for command
responsibilities as well as for permanent commissions. Further, the court stated
that the submissions presented by the Ministry of Defense were “supported by
sexist stereotypes and assumptions about socially attributed roles of gender
which discriminate against women.”

In part, this statement reflects a strong stereotype, which assumes that domestic
obligations rest exclusively on women. According to the Court, such notions are
flawed and violate Article 14 of the Constitution of India. Women officers are
more likely to face hazards of service as a result of their prolonged absence
during pregnancy, motherhood, and family obligations. It is important to
commemorate this judgment, which led to gender equality in the armed
services.
Kajal Mukesh v. the State of Maharashtra (Right to choose profession)

The Bombay High Court, in the case of Kajal Mukesh v. the State of
Maharashtra (2020), concluded that prostitution is not a violation of
the Immoral Traffic (Prevention) Act, 1956. According to the Act, sexual abuse
or exploitation of a person for commercial purposes is punishable. During the
trial, the court decided that an adult woman is entitled to choose her profession,
setting free three sex workers who had been arrested from a women’s hostel in
the state of Uttar Pradesh.

Hina Haneefa v. Union of India (Right of transgenders)

The case Hina Haneefa v. Union of India (2020) involved the question of
whether transgender individuals were eligible for enlistment under Section 6 of
the National Cadet Corps Act, 1948. Only males and females are eligible to
enroll under Section 6 of the Act. According to the Kerala High Court, such
discrimination is against the state’s policy regarding transgenders, and no one
can be denied a legitimate right because they are a transgender. It had been
ordered that the seat at the NCC unit of University College in
Thiruvananthapuram be left vacant until the matter is resolved.

The Supreme Court then directed the Central and State governments to legally
recognize third genders, so they can identify as males, females, or third genders.
The Court ordered the government to take all necessary steps to provide health
safety programs and legal protection to the third-gender community. Moreover,
it urged the government to remove the taboo that revolves around the third
gender from society.

The Supreme Court recognized that the third gender is equally recognized under
the Indian Constitution, which advocates equality before the law for everyone.
An individual can self-recognize their gender, according to the court. Moreover,
even without a statutory basis, the third gender must receive complete
recognition.

Conclusion

We cannot have a free and equal society until everyone is equally free. In the
absence of equal rights for women, this inequality is a concern for everyone. A
key component of sustainable development, economic growth, and peace and
security is the concept of gender equality and women empowerment. Several
studies have shown that women’s rights are upheld and taken seriously when
society as a whole benefit from this.

Since the past few years, we have seen several attempts designed and
implemented to empower women in Indian society to alleviate their condition.
Through legislation, women have had access to their constitutional and
fundamental rights, which has proven to be one of the most effective ways of
empowering women. The mere existence of laws is not enough if those for
whom they are made are unaware and unable to use them effectively. That is
where the legal empowerment of women comes into play. The majority of
Indian women do not know their legal rights. Consequently, women have
become easy victims of violations of basic and legal rights owing to this lack of
awareness.