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Devinder Kaur Senior Lecturer, Department of Economics, G.N. Khalsa College of Arts Science & Commerce, Matunga, Mumbai-400019
Abstract:
Human Rights are those rights without which one cannot live with dignity and respect. Denial of human rights especially to women means tampering with the developmental potentials of half human resources available in the world. Lower status accorded to women in family and society results in gender based inequality. In the past, many legislations has been passed to liberate the women from the shackles of gender bias but still we can see the denial of equal opportunities in almost all spheres which a patriarchal system has imposed on the name of tradition and morality. In Dec. 1948, With the Universal Declaration of Human Rights, framers of Indian Constitution have safeguarded the Rights of Equality for all the citizens irrespective of gender, Caste or creed. Much has been done in the past to mitigate the gender bias. Lot of efforts still needs to be made in this direction. This can be done by educating the deprived section of the society.
Human rights are generally defined as the rights which every human being is entitled to enjoy and to have protected1. All human rights are universal, indivisible, interdependent and interrelated2. Human rights are claims of individuals for such conditions as are essential for the fullest realization of the innate characteristics which nature has bestowed him/her with as a human being3. Human rights of today are off springs of the liberal theory of natural right. Indeed so close is the link that the two terms natural rights and human rights are used interchangeably4. Human rights are those rights which are inherent in our nature and without which we cannot live with dignity as human beings5. Fundamental rights are the modern name for what have been traditionally known as natural rights6. Natural rights, freedoms and privileges which are such a basic part of human nature
that they cannot be taken away. These are different from rights which are given to people by the law. According to the Declaration of Independence, these rights include "life, liberty and the pursuit of happiness."
developmental potentials of half human resources available in the world 7. Lower status accorded to women in family and society results in gender based inequality8.
The failure to prevent crime is bad enough but ineffectiveness of the legal system dealing with it is a mockery of justice15.
morality. It is one thing to guarantee equality in the constitution and other to make it a social reality.
Conclusions:
Inspite of many changes brought by rights, even after 59 years of independence, still when you take the news paper in your hand in the morning, the incidences of rape, female infanticide, dowry deaths, bettering, emotional abuse child sex abuse, forced prostitution, daughter neglect, etc are very common news items. The root cause of all these problems is the structure of the society which is male dominated that actually a women had to live with inequality all their lives. Gender bias is very deep rooted and is often reflected in the legislative and judicial behavior. Unless the mainstream system of justice i.e. courts are reformed, women and all disadvantaged sections of the society will continue to suffer. What is the use of giving new rights and entitlements if the system continues to be corrupt, inefficient, expensive and dilatory? Although laws can catalyze change in social behavior, the real change can come through the efforts of those who struggle to change. Education plays a very important role in this regard. The tradition and religion reinforce women subordination. A major cultural renaissance must precede in womens movement in India. The political and democratic compulsions have made all political parties to espouse womens issues. This is a positive sign. It is not a mans attitude towards women but of the compulsions of democracy. The main task is to educate both men and women about gender justice. The movement to change public opinion and social attitudes and values can be catalyzed by law. But such change can not come merely through legal prescriptions. India needs to promote humanism and respect for human dignity and liberty. Gender justice is an important agenda. It has to traverse a long journey.
REFERENCES: 1. Human rights a source book, published by National Council Of Educational Research & Training,1996,compiled and edited by Arjun Dev, Indira Arjun Dev and Supta Das, pg ( xi) 2. ibid. 3. Praveen Vadkar, concepts, theories and practices of human rights, Rajat publications,2000, pg 7. 4. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 68. 5. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 113. 6. Praveen Vadkar, concepts, theories and practices of human rights, Rajat publications,2000, pg. 16. 7. Compiled and edited by Dr. S. Mehartaj Begum, Human rights in India, issues and perspective, A.P.H. publishing corporation, 2000, pg 113. 8. ibid, pg 115. 9. ibid, 115-116. 10. Charter of United Nations Preamble, and Articles 8 and 55;Universal Declaration of Human Rights(1948), preamble and articles 1 and 2 in particular; International Covenants on Civil and Political Rights (1966),Arts 2 and 3 in particular; International covenant on Eco, Social and Cultural Rights (1966), Preamble and Art 3. 11. Section 497 of IPC. 12. Women and Human Rights by Lina Gonsalves, A.P.H. Publishing Corporation, 2001, pg.2. 13. ibid, pg.5. 14. ibid,pg.6 15. ibid,pg.6 16. ibid pg.17. 17. ibid, pg17. 18. ibid, pg.22.