A push for women’s right to bodily integrity : The Tribune India

Join Whatsapp Channel

A push for women’s right to bodily integrity

Worldwide, women have faced rampant violence, discrimination, violation of their basic human rights and fixing of ''ceilings'' on their very existence.

A push for women’s right to bodily integrity

More women have pushed their way in positions considered no-go areas for them.



Bharat H. Desai & Balraj K. Sidhu

Bharat H. Desai 
Professor, JNU

Balraj K. Sidhu
Faculty, IIT, Kharagpur

Worldwide, women have faced rampant violence, discrimination, violation of their basic human rights and fixing of 'ceilings' on their very existence. Such prescriptions are inevitably laid down by male members of the society as their 'custodians'. They have sought to prescribe limits, decide what is good for them, what they can yearn for, as well as even how, when and what women can do with their own bodies. In turn, such attitudes of treating women as 'chattel' — laying down of thresholds, practices and mores for them are sought to be sanctified through societal customs, religious prescriptions and sometimes even in the form of legislations. This is especially so in India.

India most dangerous for women

A recent Thomson Reuters Foundation survey (June 2018) has found that India is the most dangerous country for women, worse than even conflict-ridden Syria, Iraq and the Congo. India tops the list, with levels of violence against women still running high, since 2012 rape and murder of a student on a bus in Delhi sparked national outrage and government pledged to address the issue. The outrage brought in the Criminal Law Amendment Act (2013) and (2018). 

Notwithstanding this, the graph of crimes against women has sharply zoomed. India is ranked as the most dangerous place for women on three issues — the risks women face from sexual violence and harassment, from cultural and traditional practices, and from human trafficking, including forced labour, sex slavery and domestic servitude.

Another spine-chilling Lancet report (2018) on gender differentials and suicides of women shows India's contribution to global suicide deaths of women has grown from 25·3 per cent (1990) to 36·6 per cent (2016). Cultural and religious factors and deeply entrenched pernicious 'attitudinal' problems have played a crucial role in sustaining this dangerous trend for Indian women.

Credo of women empowerment

In post-independence India, many  practices, rituals, taboos and gender-based inequalities have been variously brought down by progressive social reform movements, legislative developments and through bold and innovative interventions by the judiciary. 

India has been witnessing one such phase of remarkable perplexity for gender sensitivity as well as quest for women's rights, equality and the new threshold of 'bodily integrity'. The Supreme Court (SC) and some high courts have had the audacity to change the status quo through judicial engineering. 

These hammerings have sought to lead the way in pushing for decisive inroads to retrieve basic human rights of women in a society driven by patriarchy. The credo of women empowerment, equal partnership and gender sensitivity has come of age even as more women have pushed their way in processes, positions and structures that were considered no-go areas for them. The Prime Minister sought to flag the discrimination against girls and women in his Independence Day address this year. 

Crimes against women soar

Paradoxically, heinous crimes against women have soared. It could be a natural reaction or resentment or retribution for the growing stringency of laws, gender sensitive policy measures for greater representation of women and women's assertion for the realisation of aspirations for their mind and body. 

Most societies are plagued with gender-based discrimination. It takes place, among others, under the garb of cultural norms, religious mores, and social constructs even in legislations (as with the 1860 Indian Penal Code). As a result, women and other sexual minorities have suffered the worst. 

The Constitution provides for equality of all individuals and grants them equal protection before the law. Hence, the role of the courts is imperative since they are the watchdog for the enforcement of fundamental rights. The SC has played vanguard role for protecting the right to life and liberty, protection and promotion of human rights. It is the harbinger of hope for the quest of women and 'others' to reclaim control over their right to 'bodily integrity'. 

Path-breaking judicial decisions

The recent engagement of the apex court has come at a momentous period of sensitivity for the rights of women as human beings. Some pertinent issues comprise discrimination and violation of fundamental rights of women and other sexual minorities. The apex court has risen to the occasion to seize the opportunity in a series of recent cases of discriminatory practices, especially against women such as female genital mutilation (FGM), restriction on entry of women in places of worship, adultery, triple talaq and decriminalisation of unnatural offences. 

The cumulative effect of these path-breaking judicial decisions has pushed the envelope for realisation of human rights of women and LGBT community so as to affirm their inherent right to bodily integrity.  The growing mosaic of recent landmark judgments of the SC (including the pending matter on FGM) has come at a great time of perplexity in India. Will these judicial pronouncements break the glass ceiling for women? Will they bring about the much-awaited changes in societal attitudes? Even as there is resistance to change in social mores, customs and religious practices, the judicial inroads have sought to superimpose constitutional values and morality through refreshing judicial interpretation upon prevailing societal morality. 

Some purists have frowned upon the concerted judicial view that emanates from 'wider horizons' and progressive 'social philosophy' of the judges. It is appreciable that the SC went about propounding inalienable rights of women (and LGBTs) without waiting for legislative reforms. Will it make a dent on societal attitudes, treatment of women as 'chattel' routine life, including marital structures, and providing an equal status in all spheres? The higher judiciary has not hesitated when issues of 'social justice' are thrown into its arena. 

It calls for decisive follow-up by the Union Ministry of Women and Child Development to push for legal changes. Since the core issue of women's right to bodily integrity critically depends upon change in societal attitudes, there is a long way to go before we will see its full realisation. The PM must convene, before the 2019 General Election, a special session of Parliament or a special parliamentary discussion on the full realisation of women's rights, respect for their bodily integrity and stamping out of crimes against them. 

In view of the adverse global publicity on the safety of the Indian women, it is time to work out a national consensus to address this festering wound that mars India's credentials as a civilised democratic country with the fastest economy in the world. One only hopes that wiser counsel will prevail. 

Top News

High alert across Uttar Pradesh after gangster-turned-politician Mukhtar Ansari's death

High alert across Uttar Pradesh after gangster-turned-politician Mukhtar Ansari's death

Umar Ansari alleged that his father was subjected to slow po...

Mukhtar Ansari was subjected to slow poisoning in jail: Son

Mukhtar Ansari was subjected to slow poisoning in jail: Son

Ansari's post-mortem to be conducted in UP by panel of five ...

10 killed as SUV falls into gorge in J-K’s Ramban

10 killed as SUV falls into gorge in J-K’s Ramban

The vehicle was on its way from Srinagar to Jammu

Mohali police arrest 3 members of Chaura Madhre gang

Mohali police arrest 3 members of Chaura Madhre gang

They are Lovejit Khakh, Gursewak Bamb and Bahadur Khan


Cities

View All