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WOMEN’S SAFETY: A FUNDAMENTAL HUMAN RIGHT



Author: Krisha Sandip Shah, Kes Shri Jayantilal H. Patel Law College, Mumbai


TO THE POINT


Women’s safety in today’s era is a crucial topic of discussion. Lack of gender equality, social justice is emerging at a long pace. This matter needs to be considered for protecting women’s fundamental right. Despite of value education, awareness programmes, employment, advancement in legal rights, there is no decrease in amount of violence against women harassments, sexual offences, dowry deaths, rapes and much more beyond our imagination. Women’s safety is now more of a need, necessity, emergence than a right. It is not only the matter of personal security but a public concern. Let us closely study this social issue with help of constitution and various case laws and current problems faced by women.


ABSTRACT


In today’s fast paced and urbanized world, women are immensely growing in every sector of society, be it, education, technology, science, employments, businesses, politics, sports, etc. In fact, the ratio has flipped and comparatively there are a greater number of women in each field than men. However, this growth of women has a negative impact and created new risks for themselves. Risks such as cybercrimes, workplace harassments, stalking, domestic violence, misusing personal data, etc.
The current era is such, that women need to think twice before stepping out the door, is this really a so called ‘freedom’! The question is why women face such harsh reality even in this 21st century? Why are women categorised as weak part of society? Why there cannot be equality and social justice even after enforcement of several laws? Why they aren’t considered as important as they are? Why are crimes against women increasing day by day, every second a new case emerges against women. Why this becomes a topic of talk for a few days and vanishes as fast as time flies?
Why alwaysss ‘WOMEN’?
We need an answer. All these questions need to be answered by society. Who is responsible for this, think for a second and imagine your sister, your wife, your mother, your friend faces some living monsters in this society will you still be seating on your couch and just give condolences or watch the news and forget it?
Women’s safety in the current era requires a holistic approach by including legal reforms, education, awareness, technology advancement, harsh punishments for actual criminal monsters, teachings to girls to be confident enough to protect herself and other women in society and teachings to boys to respect the dignity of women. More government organisations and NGOs should be established in order to take relevant steps and protect the dignity of women. In short, we all should contribute ourselves in changing the stereotypes, perception for women.


USE OF LEGAL JARGON


The constitutional reliefs and provisions provided to women are strong framework in order to protect and safeguard the dignity. These reliefs are mainly,
Article 14 which guarantees Equality before law and Equal protection of laws to all citizens, women as well.
Article 19,20,21,22 which ensures Freedom of Speech, Movement. Profession. Freedom of life.
Article 23,24 Prohibits human trafficking and exploitation of young girls.
Article 39,42,44 – Directive Principles of State Policies (DPSP) directs the State to ensure adequate livelihood and equal pay for equal work for both men and women. Also provides maternity relief. Supports the idea of Uniform Civil Code and promotes gender justice.
Other laws protecting women are POSH act, 2013. Prevention of sexual harassments at workplace.
POCSO act, 2012. Protection of child against sexual offence which includes girls as well.
There are many more such acts and laws which protects the rights of women.




THE PROOF


Crime Statistics: According to NCRB THE 2022 report, the crimes against women have increased by 4.3 lakhs cases. Rape cases are increasing day by day which are known but there are many which we are unaware of as they are been hide and not reported. There are 36000+ cases of rapes reported. Dowry Deaths are 8000+ reportedly according to 2022 report. Domestic violence is so common crime that there are uncountable violence taking place.
TECHNOLOGICAL AND SOCIAL INITIATIVES such as ‘HIMMAT’, ‘RAKSHA’, ‘112’ provide emergence help all there are proof and evidences provided.


CASE LAWS


VISHAKHA vs. STATE of RAJASTHAN (1997)
It laid down Vishakha Guidelines to prevent sexual harassment of women at workplace.
STATE of RAJASTHAN vs. OM PRAKASH (2010)
Honourable Supreme Court of India laid down that rape is a crime against women’s dignity and not on a physical abuse.
DELHI GANG RAPE CASE (2012) (NIRBHAYA CASE)
It was landmark case that brought amendments in criminal laws.



CONCLUSION


Ultimately, a safe society for women would result into true progress and development. When women will be actually free to think for their actions would be the of pleasure and Independence Day for each and every woman. Women’s safety is not only the sole problem but a public concern. It is the duty of all of us to change this harsh reality into a safe, secure, a dreamy place dreamed by all women in the world. So lets take an initiative to reform the safety of women and make this place a ‘WOMEN FRIENDLY’ place to live in.


FAQS


What crimes taking place against women?
Rape, domestic violences, sexual harassment, stalking, dowry deaths, defamation and many more.

What’s the ratio of women in employment as compared to men?
According to 2023 data it is roughly half or less as compared to men.

Why was POSH ACT, 2013 was established?
To address workplace sexual harassments and providing safe working environment.

Which law protects women from domestic violence?
Protection of Women from Domestic Violence Act, 2005.

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