View of HUMAN RIGHTS OF WOMEN’S: INTERNATIONAL AND NATIONAL PERSPECTIVE

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Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037 Available Online: www.ajeee.co.in/index.php/AJEEE

Vol. 05, Issue 11,November 2020 IMPACT FACTOR: 2.104 (INTERNATIONAL JOURNAL)

1 HUMAN RIGHTS OF WOMEN’S: INTERNATIONAL AND NATIONAL PERSPECTIVE

Miss. Sangeeta Chandra

Research Scholar, Political Science, Pt. J. N. College, Banda, U.P.

1. INTRODUCTION

As a bird could not fly with one wing only; a nation would not March forward if the Women are left behind.

Swami Vivekananda Human rights are commonly understood as being those rights which are inherent in the mere fact of being human. The concept of human rights is based on the belief that human being is entitled to enjoy her/his rights without discrimination. Human rights as those rights which are inherent in our state of nature and without which we cannot live as human beings. Human rights belong to every person and do not depend on the specifics of the individual or the relationship between the right-holder mod the right guarantor.

Human Rights are thus conceived as universal and egalitarian. Al the international level human rights have become a movement. It can be studied through many ways which is called as the constituents of Human Rights. They may be civil rights, political, economic, cultural, social rights. ^-They arealso called somewhere Fundamental Rights.

Being humankindone must have some rights from birth and hence they are the birth rights of every humus being. They are also the rights of freedom to everyone irrespective of caste, creed, sex, region, color, Profession, et.

Women in the present time from an important part of our society and the Nations success and the grow the Rests equality on the shoulder of women as much it does on the Men of the society women all over the world deserve the same status and respect which the Male gender receive in the society one of the way how this goal of our society can be achieved is through gender equity¹. 2. HUMAN RIGHT OF WOMEN UNDER INTERNATIONAL LEVEL

These instruments impose basic obligations on States that have ratified the instruments. Thefollowing sections contain more detail on these selected key instruments.

2.1 The Charter of the United Nations, 1945

From its inception, the United Nations and its specialized agencies have worked to ensure the rights of women.

The Charter of the United Nations, which reaffirms 'faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of the men and women’ was the first International instrument to define equal rights for men and women in precise terms. Articles 13, 55 and 76 of the Charter call for the realization of human rights and fundamental freedoms for all, without distinction as to sex.

2.2 Universal Declaration of Human Rights (UDHR), 1948

The Universal Declaration of Human Rights is not a treaty or convention.

Nonetheless, experts are of the view that the Declaration has the force of customary law, it provides framework for the development, expansion or explanation of rights in international convention. Under this Declaration provides that: “All human being are born free and equal in dignity and rights”².

“Everyone is entitled to all the rights and freedom… without distinction of any kind, such as….sex….”³

These foundational rights are applied in accordance with the principles of equality and non-discrimination to the

“Equal rights for men and women as to marriage.”⁴

2.3 Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1963

CERD forbids any “distinction exclusion, restriction or preference based on race, color, descent or national or ethnic origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise in an equal footing of human rights and fundamental freedom in political, economic, social, culture or any other field of public life.”

For many racial minority women who file race and sex discrimination complaints,

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2 CERD provides an avenue to ensure that

the race element is addressed in the economic, social culture realms. Under this convention some Rights provides for women.

1. Work, and free choice of employment

2. Just and favourable working conditions

3. Equal pay for work of equal value 4. Housing

5. Public health , medical care, social security and social services 6. Education and training

7. Access to any place or service intended for the general public.⁵ 2.4 International Covenant on Civil and Political Rights (ICCPR). 1966 Under this convention some Rights provides that: The State Parties to the present Covenant of all civil and political rights set forth in the present Covenant.⁶ 2.5 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

The ICESCR recognizes rights to:

1. Equality between women and men⁷

2. Work and favourable conditions of work⁸

3. Social security⁹

4. Protection of the family, mother and children¹⁰

2.6 The Declaration on the Elimination of Discrimination against Women, 1967

Adopted in 1967 by the General Assembly, “marked an important stage in the combat against all forms of discrimination against women.

The Declaration states that discrimination with regard to women “is fundamentally unjust and constitutes an offence against human dignity”.¹¹

2.7 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979

CEDAW is sometimes called the

“international bill of rights for women.”

Adopted in 1979, it is a comprehensive and legally binding instrument that prohibits discrimination against women and obliges Governments to take steps to advance equality of women. It draws

no distinction between public and private life and does not accept culture as an excuse for discrimination.

CEDAW protects women’s rights to equality and non-discrimination in economic, social and cultural realms.

The right to be treated on an equal basis in domestic and family matters is essential for women’s economic and social rights.

Main Provision for the Protection of Women Protection under CEDAW:

1. Article 7: Political and public life 2. Article 15: Equality before the law 2.8 The World Conference on Human Rights (Vienna, 1993)

It reaffirmed that all human rights are universal, indivisible, interdependent and interrelated and that the human rights of women are an inalienable, integral and indivisible part of universal human rights. The Conference called for the eradication of all forms of discrimination against women and for the elimination of violence against women.

3. HUMAN RIGHTS OF WOMEN PROTECTION UNDER NATIONAL LEVEL

3.1 Constitutional Provisions

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positives discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them.

Fundamental Rights, among others, ensure equality before the law and equal protection of law, prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

3.2 Constitutional Privileges

(i) Equality before law for women (Article 14).

(ii) The State not to discrimination against any citizens on grounds only of religion, race, caste, sex,

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3 place of birth or any of them

(Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3)).

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16.)

(v) The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39 (a)); and equal pay for equal work for both men and women (Article 39 (d)).

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to ant citizen by reason of economic or other disabilities (Article 39 A).

(vii) The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42).

(viii) The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46).

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47).

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 351(A) (e)).

3.3 The Other Provisions for Protection of Human Rights of Women’s

The following provisions contain several rights and safeguards for women.

1. Immoral Traffic (prevention) Act (1956).

2. Dowry Prohibition Act (1961).

3. Indecent Representation of Women (Prohibition) 1986.

4. Commission of Sati (Prevention) Act (1986).

5. Medical Termination of pregnancy Act (1971).

6. Pre-conception and pre-Natal Diagnostic Techniques (prohibition of sex section Act (1994).

7. National commission for Women Act (1990).

8. Protection of women from domestic violence Act 2005.

9. The national plan of action for the girl child (1991-2000).

10. National policy for the Empowerment of women 2001.

11. Sexual Harassment of women at work place prevention, prohibition and Redressal Act 2013.

3.4 Judicial Response for protection of Human Rights of Women

In Vishakha v. State of Rajasthan¹², the Supreme Court has declared sexual harassment of a working woman at her work as amounting to violation of rights of gender equality and rights to life and liberty which is clear violation of Articles 14, 15 and 21 of the Constitution. In the landmark judgment, Supreme Court in the absence of enacted law to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment.

In Bodhisattwa Gautam V.

SubhraChakraboty¹³, the supreme court held that “Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entries psychology of a women and pushed her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society, which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, namely, the right to life with human dignity contained in Art 21”.

In the case of Maneka Gandhi vs.

Union of India¹⁴ held that to life embodied in Article 21 of the Indian Constitution, is not merely a physical right but it also includes within its

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4 ambit, the right to live with human

dignity.

4. CONCLUSION

Human rights are those minimum rights which are compulsorily accessible by every individual as she is a member of human family. As we have mostly every country women ill treated were not given any exposure or recognition. In order to halt such practices, the UN and the international community have evolved a number of method to augment the rights of women on par with men without any kind of discrimination. India has also ratified various international conventions and human rights instruments committing to secure equal rights of women. Since the thousand years women also ill treated in India but even after such a discrimination there were females like Rani Lakshmi Bai, Razia Sultan and Meera Bai who even after living in such a man, society and culture dominating environment.

Women’s human rights not only teaches women about the range of rights that their governments must honor; it also functions as a kind of gestalt by which to organize analyses of their experiences and plan action for change. The fundamental principles of human rights that accord to each and every person the entitlement to human dignity give women a vocabulary for describing both violations and impediments to the exercise of their human rights.

REFERENCE

1. Dr. Jay Prakash Yadav an Analysis of Gender equality in India since Human civilization shodhpreral vol-111 issue 3 July 2013.

2. Universal Declaration of Human Rights Art. 2.

3. UDHR Art. 3.

4. UDHR Art. 16.

5. Convention on the Elimination of All forms of Racial Discrimination 1963 Art.

5.

6. ICCPR 1966 Art. 6.

7. ICCPR 1966 Art. 3.

8. Ibid Art. 8.

9. Ibid Art. 9.

10. Ibid Art. 10.

11. The Declaration on the Elimination of Discrimination against women, 1967 Art.1.

12. AIR 1997 SC 3011 13. 1996 SCC

14. AIR 1978 SC