It is ironical how after developing across centuries, in all aspects of life, women all over the world yearn to have the status which their female ancestors enjoyed in the Vedic Period.(1) The world community and local government have both recognized the atrocities every woman in the world is subject to. The Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) acknowledges the extensive discrimination which still exists against women and laws like the Protection of Women from Domestic Violence Act, 2005 or the recent Sexual Harassment of Women at Workplace Act, 2013, have protected women against exploitation in India. However, the approach of law is trapped within the confines of theory and the ground reality, despite the many statues and conventions, remains unchanged or to an extent has even degraded.
Women, who constitute half of the world’s population, have always been subject to discrimination, one way or the other. They are suppressed by the rich and the powerful. Through mere suspicion, poor and dalit women are ill-treated by their employers. Man ill-treats women and even women suppress their fellow women.(2) The same reasons for which women were respected in ancient times have today become the reasons for their exploitation. Women are today subject to eve-teasing, trafficking, prostitution, sexual harassment, rape, molestation(3) and numerous other horrors. The advancement in society and recognition to the rights of women in their career and education provided them the opportunity to earn a living without depending upon men for the same. However, much to the surprise of women, this right too has its subtle challenges, namely the discrimination and sexual harassment against them at workplace.
The increasing participation of women in public services necessitated new laws to ensure their safety at workplace. Despite the laws, the attitude of employers and certain male colleagues continues to be of a prejudiced nature.(4) They often view these women as incapable of performing challenging tasks or accomplishing goals, which indirectly affects their growth and future career prospects. Discrimination is also made in terms of remuneration, duration and termination of service.
The Constitution of India provides in Article 14 and 15 that every person shall be provided equality before law and equal protection of law, and that no discrimination shall happen on the basis of race, caste, sex, or place of birth. However, certain instances in the country are evidence of the sheer disregard shown to these articles for many years. In Miss C.B. Muthamma v. Union of India,(5) the petitioner was denied promotion to Grade I of the Indian Foreign Service because she got married without the permission of the Government, which was required as per the rules of her employment. In the case of Air India v. Nargesh Meerza,(6) the airhostess was terminated from service on becoming pregnant, in accordance with rule 46 of her employment contract. These are examples of how, despite the Constitution being in force, other statues and governmental rules continue to have unreasonable and vague provisions discriminating against women.
With women entering office spaces, it was hoped that it would be an impetus to create the kind of workplace which is sophisticated and humane. Much to their disappointment, entering the offices brought another task for them to deal with i.e. the task of protecting themselves from the sexual advances of colleagues. Everyone in the entire workplace needs something from her for any work she legitimately does, in order to be approved or to be forwarded. The situation is shameful as, even after fighting her way into the workforce, a woman has to climb up the ladder not through merit, but by keeping up appearances, no matter how demeaning the process.
Articles 14, 15 and 21 of the great Constitution of India provide for equality, non-discrimination and the right to live with dignity, to all people. There is no need to elaborate that no dignity is accorded to the woman working in an unsafe workspace. A separate set of guidelines came to protect working women in 1997, when a serious case of sexual
harassment was reported. The case of Vishakha v. State of Rajasthan,(7) made us realize the extreme lower levels to which a fellow worker can sink. The Vishakha Guidelines, thus came into force and impose certain duties upon the employer and colleagues in the workplace. It provides for criminal proceedings as well as complaint mechanisms in each workplace.
The point of contention is the delay in recognizing such rights of women and the further delay in its implementation. Any incident involving a man is unheard of, and each of his inconveniences are dealt with immediately but the ones against women are nothing more than closed files in a public office. The Constitution, which if applied in its entirety to every facet of our life, is enough to deal with all the problems, including the ones about atrocities committed against women. Yet, today, we aim towards having numerous statutes and rules where we
cannot even implement one in its true and complete sense. The drafting of statues will not make a difference but education and outlook will and thus states should ensure the same by initiation of awareness programmes on the topic among the masses.
The women of the country and the world also have a small share of blame to take in the condition they are in today. A woman should not be hesitant or shy of fighting for her rights. It was because of the bravery and belief in their dignity that, in the above cases, women single-handedly brought changes to oppressive statutory rules. Men were created men and women as women so that each of them contribute towards progress by exploiting their own unique capabilities and talent. By not treating them as equal, we are keeping ourselves unaware of the new facets of life which women can change by being treated equally. By discriminating against women, a nation, or the entire world for that matter, restricts half of its workforce from contributing towards growth and development. In the era we live in today, women have to literally beg for their rights which they were originally endowed with since birth. Men, on the other hand, enjoy their rights as they are meant to be enjoyed and further snatch away the rights bestowed upon women. Such a continued trend of male chauvinism and societal acceptance of the same leads us nowhere, but to chaos and suffering. We need to actually think where we are headed, whether it is towards self-destruction or whether it is towards a place where gender neutrality is practiced and progress is achieved by all.
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(1) Amrita Chhachi & Sathyamala, “A World without Women”, Hindustan Times, 8th August 1982.
(2) P.B. RATHOD, WOMEN AND HUMAN RIGHTS : MODERN SCENARIO 199 (2nd ed. 2009).
(3) UNICEF, A Time for Action: Girls, Women and Human Rights, 3 Programme Publications, (New York 1993).
(4) DR. DALBIR BHARTI, WOMEN AND THE LAW 198 (1st ed. 2008).
(5) Miss C.B. Muthamma, Petitioner v. Union of India, AIR 1979 SC 1868.
(6) Air India v. Nargesh Meerza, AIR 1981 SC 1829.
(7) Vishakha v. State of Rajasthan, AIR 1997 SC 3011.
By: Sarthak Doshi
