Tuesday, March 11, 2014

Int'l Women's Day

1

Gloria Steinem said, and I quote:

"The story of women's struggle for equality belongs to no single feminist nor to any one organization but to the collective efforts of all who care about human rights."

It was the collective efforts of the Socialist Party of America, which honoured the 1908 garment workers. It was the collective efforts of those who fought for achieving “Universal Suffrage” for women. It was the collective efforts of Organisations like United Nations. And it is the collective efforts of Amity University, today, to celebrate this International Women’s Day, even if belatedly- for greater realization of equality and justice to women.

Friends! Celebration of Women’s Day is for fairer recognition of Women’s rights…for greater awareness of Women’s equality…for elimination of all forms of exploitation of women…for an impressive participation of Women in Science, politics and technology. However, all these sound theoretical when divorced from the reality.

At the very outset, let me take the opportunity to give you a glance of such reality and hard facts about the society, we live in; about the world, which is so unfriendly towards women.
According to World Health Organization Review, 2013, 35% of women worldwide have experienced either physical/ sexual violence. However, some national studies show it to be 70%.
Approximately 140 million girls and women worldwide suffer female genital mutilation.
Trafficking ensnares millions of women into modern-day slavery. Out of 4.5 million victims of sexual exploitation, 98% are women.
Rape has been a rampant tactic in modern wars. Conservative estimates suggest that 20 thousand to 50 thousand women were raped during the 1992 to 1995 war in Bosnia and Herzegovina, while approximately 2 lakhs to 5 lakhs women were raped in 1994 Rwandan genocide.

Numerous efforts have been made and actions have been taken to prevent and address exploitation of women in all forms. The United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10 December 1948 at Paris. The Declaration recognizes the inherent dignity and inalienable rights of all without the discrimination of sex for social progress and better standards of life. Article 7 guarantees equality of all before the law, and equal protection of the laws. Article 16 and 25 ensures entitlement of equal rights of both men and women in marriage and dissolution of marriage; and adequate standard of living.

The most significant convention relating to women is: The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which proscribes any form of discrimination, distinction, exclusion or restriction made on the basis of sex. It mandates States Parties to take measures aimed at accelerating de facto equality between men and women. Embodiment of these principles of equality in national Constitution and other legislations; prescribing sanctions for any act of discrimination through tribunals; and importantly; repealing existing laws inter alia penal laws; and modifying customary practices prejudicial towards women -are some of the major obligations casted upon the State parties. Article 7 endorses the concept of “Universal Suffrage” and talks about the voting right and the participation of women in policy formulation and implementation thereof. Apart from recognizing all sorts of equality enshrined in ICCPR and ICESCR, the declaration provides for setting up of Committee on the Elimination of Discrimination against Women for effective implementation of the convention.

            Apart from these conventions, many States have carried out legal reform; including the introduction of specific criminal offences relating to women, inclusion of aggravating circumstances in sentencing provisions, increasing penalties for gender based violence; and expanding protection and support for victims etc.
Adherence to relevant international instruments continues to increase. Legal, policy and institutional frameworks have been strengthened, and efforts aimed at bilateral and multilateral cooperation have been reinforced. Despite these developments, violence, abuse and trafficking of women still persist…Existing and new laws are often ineffectively enforced…And Prosecution rates continue to be low. In India, there were 2 lakhs 28 thousand reported incidents of crime against women in 2011 with an increasing trend of 7.1% annually, as compared to 2010. Out of which 24,206 were cases of rape while 2,435 were cases of trafficking, as per the National Crime Records Bureau. The number of dowry related offences and domestic violence cases, we as  lawyers come across each day, is vexing. Alarming numbers of female foeticide and bride burning make us question ourselves as to: whether we are the same country which has been preaching the world "Yatra naryastu pujyante ramante tatra Devata…" (wherever women are given their due respect, even the deities reside there…) Though abolition of Sati and reduction of child marriage are some accomplishments of our civil rights groups, however, we as a society are yet to realize, there is no virtue in not sending our girls to school. Therefore, a greater campaign of awareness and accountability mechanisms has to be put in place. Political commitment at all levels is sine qua non and collaboration has to be intensified with private sector and media. Comprehensive, coordinated, and cohesive approach among all stakeholders is the need of the hour.

Friends! In our Constitution, we have resolved to ensure our citizens the gender based equality and opportunities. Article 14, 15, 16, 39(a)(d) and 42 obligated the States to ensure equality and violation of which can be redressed under the constitutional remedies under Article 32 and 226. Yes! At times we have failed in ensuring such equality. But it is also the flaws that help us appreciate beauty when it shines through. This year, the IWD official UN theme is “Equality for Women is Progress for All”. And, as I have said, there are huge imparities in accomplishments of the same. Hence, the requirement is a Change…A change, not cosmetic rather a real one. And specifically, the historical unequal power relations between men and women, which led to such domination over and discrimination against women must change.
At last, Friends! It is an occasion for looking back on past success and struggles, and importantly, for looking ahead to the unexplored potentials and possibilities that await future generations of women. Accepted! It is an occasion of respect, appreciation and love towards women. But am glad, as am told, in this programme we will celebrate their achievements and honour their talents. I thank everyone for their patient hearing and Mrs. Mamata Ma’am for inviting me for this programme.
*      Wishing you all a belated Happy Women’s Day…Thank you!


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April 21, 2015 at 1:56 PM

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