Historical Position of Women
There are numerous enactments occupying the field pertaining to protection, welfare and empowerment of women on account of illiteracy, immortality, radical change in the Indian Societies on Indian women who constitute half of the human population have been discriminated against, harassed and exploited irrespective of nationality, religion they profess, and even era they have lived in. Irrespective of societies and cultures, exploitation and abuse of women is witnessed everywhere. The matter is not confined to physical only but sexual and psychological too, thus barred of their income, rights and freedom.
Unfortunately, India is one of the few countries where offence against women have been increasing tremendously. On one hand people worship women as goddesses; for instance in Indian tradition it is said that “Yatra Nari Pujyante Tatra Ramante Devta” and on the other side women are considered to be in an inferior position. They are subjected to atrocity from even before birth till death
Women and Constitution- Constitutional law and Ordinary law, through Judiciary has been working as a savior of women from atrocity. Our unbiased and independent Judiciary has always played the role of a true guardian of justice.
Through various devices like Judicial review, Judicial activism, social action litigation and the duty of enforcement of fundamental rights the Supreme Court of India and some High Courts have evolved a gender Jurisprudence which has given substance and life to the Constitutional scheme of Protective discrimination in favor of women
Judicial Trends C.B. Mathumma v. UOI ;
The court upholding the principle of cruelty of statue puts female employees at par with male employees and struck down various rules as unconstitutional. Vishakha v. State of Rajasthan:
SC had framed guidelines and norms for protection of working women at workplace. It held that it is the duty of the employer to protect women from sexual abuse, which were later recognized and enacted by the Parliament in the Sexual Harassment of women at workplace[Prevention, Prohibition and Redressal] Act, 2013.
Although there are so many government departments which are run by women i.e., woman and child development department etc, then also there is no proportionate change in the circumstances of crime against women. Thus, our Judiciary tries hard to provide women the status that they rightfully deserve and so should we as a society.
There are three organs of the respective government i.e., legislature, executive and Judiciary. There is a dire need for these organs to run parallel to safeguard the rights of the working class women.
There have many questions asked previously in PCS judicial services such as;
What should be an ideal punishment for a man who is involved in the sexual harassment of a woman?
Ø Discuss the recent criminal amendment Act, 2013.
Ø Why were Section 354A to 354D inserted in the Indian Penal Code?