Sasi
K.G.
01. INTRODUCTION
The United Nations’ International Decade for
Women 1976-1985 was a long cherished initiative to empower women. But in spite
of repeated review meetings and follow up in the international level, its
influence in India was not promising during the decade, but was
counterproductive in certain aspects. However the seed of thought revolution
sprang out in the later decades and under compelling social movements women
friendly legislations were made abundantly and Courts began to pour out
feminist precedents. Yet on a functional analysis based on statistics, the
dignity of women is still going downward.
The present study is an attempt to identify
the importance of the decade in historical and functional jurisprudence and its
influence in India.
02. UNITED NATIONS INTERNATIONAL WOMEN’S YEAR, 1975
In 1972, the General
Assembly, in its resolution 3010 (XXVII), proclaimed 1975 International Women's
Year, to be devoted to intensified action to promote equality between men and
women, to ensure the full integration of women in the total development effort
and to increase women's contribution to the strengthening of world peace. It
was to achieve the goals of Equality, Development
and Peace.
03. UNITED NATIONS DECADE FOR WOMEN 1976-1985
United Nations Resolution adopted by
the General Assembly 102nd plenary meeting dated 16th December 1976
proclaimed the United Nations Decade for Women 1975-1985. The resolution is given in Appendix I. There are four Important Conferences / Conventions which issued
guidelines to the implementation of the United Nations’ Decade for Women
1976-1985.
The World
Conference of the International Women’s Year (Mexico City) adopted
the World Plan of Action. The 34th Session of the General Assembly of the
United Nations adopted the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) in 1979. World Conference of the United Nations
Decade for Women 1980 held in Copenhagen adopted the Program of Action
for the second half of the United Nations Decade for Women. World Conference to
Review and Appraise the Achievements of the UN Decade for Women 1985 in Nairobi
adopted the Nairobi Forward-looking Strategies for the Advancement of Women.
The
three objectives of the Decade - equality, development and peace - are broad,
interrelated and mutually reinforcing, so that the achievement of one
contributes to the achievement of another and these three goals of the Decade
are inextricably linked to the three sub-themes - employment, health and
education.
With the
publication of Towards Equality, the report of the Committee on The
Status of Women in 1974, and with the declaration of the decade 1975-85 as the International
Decade for Women, barriers against feminism were expected to be increasingly eroded
within the political sphere.
04. FIRST WOMEN’S CONFERENCE IN MEXICO CITY, 1975[i]
Mexico
City Conference, the first UN World Conference on
Women coincided with the International Women’s Year and served to remind the
international community that discrimination against women continued to be a
persistent problem in much of the world. The following goals were established:
1.
Full gender equality and the elimination of
gender discrimination;
2.
The
integration and full participation of women in development;
3.
An
increased contribution by women in the strengthening of world peace.
A
World Plan of Action was adopted at the Mexico City Conference. This document
offered guidelines for governments and the international community to follow
over the next ten years to accomplish the three key objectives set by the
General Assembly. The Plan of Action set minimum targets, to be met by 1980,
that focused on securing equal access for women to resources including
education, employment opportunities, political participation, health services,
housing, nutrition and family planning. Whereas women were previously perceived
as passive recipients of support and assistance, they were now viewed as full
and equal partners with men, with equal rights to resources and opportunities.
05 . SECOND WOMEN’S CONFERENCE IN COPENHAGEN, 1980[ii]
In 1980, at the mid-point of
the Decade, the Copenhagen World Conference adopted the Programme of Action for
the Second Half of the United Nations Decade for Women: Equality, Development
and Peace, which further elaborated on the existing obstacles and on the
existing international consensus on measures to be taken for the advancement of
women. The Programme of Action was endorsed by the General Assembly in 1980 in
its resolution 35/136.
At the Copenhagen UN World Conference on
Women, it was determined that there was a discrepancy between universal legal
rights and women’s ability to exercise these rights. The barriers identified in
this regard were:
1.
Lack of
sufficient involvement of men in improving women’s role in society;
2.
Insufficient political will;
3.
Lack of recognition of the value of women’s
contributions to society;
4.
Lack of attention to the particular needs of
women in planning;
5.
Shortage of women in decision-making positions;
6.
Insufficient services such as co-operatives,
day-care centers and credit facilities to support the role of women in national
life;
7.
Overall lack of necessary financial resources;
8.
Lack of awareness among women about the
opportunities available to them.
The Copenhagen World
Conference interpreted equality as meaning not only legal equality, the
elimination of de jure discrimination, but also equality of rights,
responsibilities and opportunities for the participation of women in
development, both as beneficiaries and as active agents.
The role of women in
development is directly related to the goal of comprehensive social and
economic development and is fundamental to the development of all societies.
Development means total development, including development in the political,
economic, social, cultural and other dimensions of human life, as well as the
development of the economic and other material resources and the physical,
moral, intellectual and cultural growth of human beings. It should be conducive
to providing women, particularly those who are poor or destitute, with the
necessary means for increasingly claiming, achieving, enjoying and utilizing
equality of opportunity. The increasingly successful participation of each
woman in societal activities as a legally independent agent will contribute to
further recognition in practice of her right to equality.
06. THIRD WOMEN’S CONFERENCE IN NAIROBI, 1985[iii]
The Nairobi
UN World Conference on Women sought to assess the achievements of the United
Nations Decade for Women. Although the Women’s Movement had now become an
international force unified under the banner of the “Decade for Women:
Equality, Development and Peace”, delegates were confronted with shocking
reports. Data gathered by the United Nations revealed that improvements in the
status of women and efforts to reduce discrimination had benefited only a small
minority of women. Improvements in the situation of women in the developing
world had been marginal at best. The Nairobi Forward-Looking Strategies (NFLS)
to the Year 2000 was a blueprint for improving the condition of women through
the end of the century. It broke new ground as it declared all issues to be women’s
issues.
The NFLS
established the following categories as measures for achieving equality at
national levels:
1.
Constitutional
and legal steps;
2.
Equality in
social participation;
3.
Equality in
political participation and decision-making.
It was now
recognized that women’s equality, far from being an isolated issue, encompassed
every sphere of human activity. A women’s perspective, including active
involvement in all issues was essential if the goals and objectives of the
Decade for Women were to be attained.
07. MAJOR INTERNATIONAL EVENTS DURING THE PERIOD
A UN Chronology related to UN Decade for Women from 1975
is given below.
1975
International Women's
Year, with a three-part theme: equality, development and peace, as established
by General Assembly resolution 3010 of 1972.
7 March 1975
The United Nations
first observes International Women's Day (8 March).
19 June-2 July 1975
The World Conference of
the International Women's Year in Mexico City is the first global
conference to be held on women's issues, with 133 Governments represented. The
Conference adopts a World Plan of Action for the Advancement of Women for the
coming decade. Helvi-Sippila (Finland), the first woman Assistant Secretary-General
of the United Nations (appointed in 1972 to head the Centre for Social
Development and Humanitarian Affairs), is the Secretary-General of the Conference.
Some 6,000 representatives of nongovernmental organizations (NGOs) attend the
related International Women's Year Tribune.
15 December 1975
The General Assembly,
by its resolution 3520 (XXX), proclaims 1976-1985 the United Nations Decade for
Women: Equality, Development and Peace, to be devoted to effective and
sustained national and international action to implement the World Plan of
Action of the 1975 Conference. By the same resolution, the Assembly calls
for the establishment of an United Nations International Research and
Training Institute for the Advancement of Women (INSTRAW).
1976-1985
3
January 1976
The
International Covenant on Economic, Social and Cultural Rights (ICESCR)
adopted by the United Nations General Assembly on 16 December 1966 came into
force from 3 January 1976.
March 23, 1976
The United Nations International
Covenant on Civil and Political Rights (ICCPR) adopted on December 19,
1966 came into force on March 23, 1976.
15 December 1975
United Nations Decade
for Women: Equality, Development and Peace, as established by General Assembly resolution
3520 of 15 December 1975.
12 May 1976
ECOSOC decides to
establish INSTRAW as an autonomous body under the auspices of the United
Nations, funded through voluntary contributions. The Institute is directed to
focus its activities on the needs of women in developing countries. INSTRAW
begins operation in January 1980.
8 November 1977
At the first Pledging
Conference for the United Nations Decade for Women, pledges of more than $3
million are received for the Voluntary Fund for the United Nations Decade for
Women and more than $500,000 for INSTRAW.
18 December 1979
The General Assembly
adopts the Convention on the Elimination of All Forms of Discrimination against
Women, first drafted and approved by the Commission on the Status of Women in
1976. The 30-article women's bill of rights is the first international legal instrument
to stipulate what constitutes discrimination against women. The Convention
comes into force on 3 September 1981.
14-30 July 1980
The World Conference of
the United Nations Decade for Women takes place in Copenhagen with
delegations from 145 Member States. Sixty-four Member States sign the
Convention on the Elimination of All Forms of Discrimination against Women. The
Programme of Action for the Second Half of the United Nations Decade for Women,
adopted by the Conference, calls for special emphasis on improving women's
employment, health and education. Lucille Mair (Jamaica), the first woman
Under-Secretary-General of the United Nations is Secretary-General of the
Conference. About 7,000 NGO representatives attend the related NGO forum.
11 December 1980
The, General Assembly,
by its resolution 35/136, decides to convene in 1985 a World Conference to
Review and Appraise the Achievements of the United Nations Decade for Women.
23 June 1981
The ILO adopts the Workers
with Family Responsibilities Convention calling for equal opportunities and equal
treatment for men and women workers with family responsibilities and for action
by States to eliminate discrimination in employment for those with family responsibilities.
14 December 1981
The General Assembly,
by its resolution 36/129, extends the activities of the Voluntary Fund for the
United Nations Decade for Women, which includes funding for 68 new development
projects, beyond the end of the Decade.
16 April 1982
At the first meeting of
the States parties to the Convention on the Elimination of All Forms of
Discrimination against Women, the Committee on the Elimination of
Discrimination against Women (CEDAW), an expert panel to monitor compliance
with the 1979 Convention, is established. The Committee holds its inaugural
session from 18 to 22 October 1982 in Vienna.
3 December 1982
The General Assembly
adopts the Declaration on the Participation of Women in Promoting International
Peace and Cooperation, which states that since women and men have an equal
interest in contributing to international peace and cooperation, women must be enabled
to participate equally with men in economic, social, cultural, civil and
political affairs.
1-12 August 1983
The Declaration and
Programme of Action adopted by the Second World Conference to Combat Racism and
Racial Discrimination, held in Geneva, states that whenever there is racial
discrimination, women are subjected to a second layer of discrimination, and
calls for detailed legislative and educational measures to combat all forms of
discrimination.
11
August 1983
INSTRAW inaugurates its
permanent headquarters in Santo Domingo, Dominican Republic.
11
December 1984
The first World Survey
on the Role of Women in Development is issued. Updated every five years, the
World Survey is a major source of statistical and analytical data on women in
the global economy.
14 December 1984
The Voluntary Fund for
the United Nations Decade for Women is renamed the United Nations Development
Fund for Women (UNIFEM) and is made a separate entity in association with the
United Nations Development Programme. In 1984, the Fund provides assistance
totaling $24 million to almost 400 projects.
26 February 1985
The Secretary-General
appoints a Coordinator for the improvement of the Status of Women in the
Secretariat, Mercedez Pulido de Briceno (Venezuela), at the Assistant
Secretary-General level. The Secretary-General also establishes a Steering
Committee for the Improvement of the Status of Women in the Secretariat.
15-26 July 1985
The third global
women's conference, the World Conference to Review and Appraise the
Achievements of the United Nations Decade for Women: Equality, Development and
Peace, takes place in Nairobi, with delegations from 157 Member States present.
The final document, the Nairobi Forward-looking Strategies for the
Advancement of Women, is a blueprint for measures to improve the status of
women by the end of the century. Leticia Shahani (Philippines), United Nations
Assistant Secretary-General, is Secretary-General of the Conference. Some 15,000
NGO representatives attend the related NGO forum.
20 April 1987
Naris Sadik (Pakistan)
is appointed Director of the United Nations Population Fund -- the first woman
to head a major United Nations programme.
26 May 1987
ECOSOC adopts the
long-term work programme proposed by the CSW, prioritizing implementation of
the Nairobi Forward-looking Strategies.
May 1988
The Section on the
Status of Women in the United Nations Secretariat, which in 1972 was renamed
and upgraded to the Branch for the Promotion of Equality between Men and Women,
and in 1979 renamed as the Branch for the Advancement of Women, is further
upgraded to become the Division for the Advancement of Women. In 1993 the
Division moves from Vienna to New York to become part of the newly created
Department for Policy Coordination and Sustainable Development.
25 February-5 March
1990
The CSW completes the
first review and appraisal of the implementation of the Nairobi Forward-looking
Strategies and adopts 21 recommendations for eliminating obstacles to their
implementation. The Commission recommends the convening of a world conference on
women in 1995.
5-9 March 1990
The World Conference on
Education for All: Meeting Basic Learning Needs, held in Jomtien, Thailand,
calls for a universal reduction of the disparities which exist in the education
of girls and boys.
29-30 September 1990
The World Summit for
Children, held at United Nations Headquarters in New York, discusses the global
status of children and emphasizes the disadvantages faced by girls as compared
to boys. The World Declaration on the Survival, Protection and Development of Children
states that improving the status of children depends greatly upon ensuring the
equal rights of women.
14 December 1990
The General Assembly,
by its resolution 45/129, decides to hold a fourth world conference on women in
1995.
21 December 1990
The General Assembly
adopts resolution 45/239 establishing targets for the employment of women in
the Secretariat of 35 per cent women in professional posts subject to
geographical distribution by 1995 and 25 per cent women in senior posts.
18 June 1991
The United Nations
publishes The World's Women 1970-1990: Trends and Statistics.
08. GENERAL ACTION PLANS OF THE DECADE FOR WOMEN
EQUALITY
One of the
objectives of the Decade entails the full observance of the equal rights of
women and the elimination of de jure and de facto discrimination. The
inequality of women in most countries stems to a very large extent from mass
poverty and the general backwardness of the majority of the world's population
caused by underdevelopment, which is a product of imperialism, colonialism,
neo-colonialism, apartheid, racism, racial discrimination and of unjust
international economic relations.
The political
commitment to establish, modify, expand or enforce a comprehensive legal base
for the equality of women and men and on the basis of human dignity must be
strengthened. Legislative changes are most effective when made within a
supportive framework promoting simultaneous changes in the economic, social,
political and cultural spheres, which can help bring about a social
transformation.
Governments
should take the relevant steps to ensure that both men and women enjoy equal
rights, opportunities and responsibilities so as to guarantee the development
of their individual aptitudes and capacities and enable women to participate as
beneficiaries and active agents in development.
DEVELOPMENT
The
continuation of women's stereotyped reproductive and productive roles,
justified primarily on physiological, social and cultural grounds, has
subordinated them in the general as well as sectoral spheres of development,
even where some progress has been achieved. One of the main obstacles to the
effective integration of women in the process of development is the aggravation
of the international situation, resulting in a continuing arms race, which now
may spread also to outer space.
The lack of
political will of certain developed countries to eliminate obstacles to the
practical realization of such fundamental documents adopted by the United
Nations as the Declaration on Social Progress and Development (General Assembly
resolution 2542 (XXIV)), the Charter of Economic Rights and Duties of States
(General Assembly resolution 3281 (XXIX)), the Declaration and the Programme of
Action on the Establishment of a New International Economic Order (General
Assembly resolutions 3201 (S-VI) and 3202 (S-VI), respectively), the
International Development Strategy for the Third United Nations Development
Decade (General Assembly resolution 35/56, annex), aimed at the restructuring
of international economic relations on a just and democratic basis, should be
counted among the main reasons for the conservation of the unfavourable and
unequal position of women from the point of view of development, especially in
the developing countries.
The decline in
economic activity is having a negative impact on an already unbalanced
distribution of income, as well as on the high levels of unemployment, which
affect women more than men.
The commitment
to remove obstacles to the effective participation of all women in development
as intellectuals, policy-makers and decision-makers, planners, contributors and
beneficiaries should be strengthened according to the specific problems of
women in different regions and countries and the needs of different categories
of women in them.
Different
socio-economic and cultural conditions are to be taken into account when
identifying the foremost obstacles to the advancement of women.
Women should be
an integral part of the process of defining the objectives and modes of
development, as well as of developing strategies and measures for their
implementation.
PEACE
The threat to
peace resulting from continuing international tension and violations of the
United Nations Charter, resulting in the unabated arms race, in particular in
the nuclear field, as well as wars, armed conflicts, external domination,
foreign occupation, acquisition of land by force, aggression, imperialism,
colonialism, neo-colonialism, racism, apartheid, gross violation of human
rights, terrorism, repression, the disappearance of persons and discrimination
on the basis of sex are major obstacles to human progress, specifically to the
advancement of women.
Women and men
have an equal right and the same vital interest in contributing to
international peace and co-operation. Women should participate fully in all
efforts to strengthen and maintain international peace and security and to
promote international co-operation, diplomacy, the process of detente and disarmament
in the nuclear field.
Governments
should follow the overall framework of action for disarmament as provided by
the Final Document of the tenth special session of the General Assembly, which was
devoted to disarmament (resolution S-10/2). Women's participation in the World
Disarmament Campaign and their contribution to education for disarmament should
be supported.
Areas of Special Concern
The economic,
social, cultural and political conditions of those groups of women should be
improved basically by the implementation of the measures proposed for the
attainment of equality, development and peace for women in general. Additional
efforts should be directed towards ensuring the gainful and productive
inclusion of these women in mainstream development and in political activities.
Elderly women
The
International Plan of Action on Aging adopted by the World Assembly on Aging in
1982 emphasized both the humanitarian and developmental aspects of aging. The
recommendations of the Plan of Action are applicable to women and men with a
view to providing them with protection and care, and ensuring their involvement
and participation in social life and development.
Young women
Urgent
attention should be paid to the educational and vocational training of young
women in all fields of occupation, giving particular emphasis to those who are
socially and economically disadvantaged. Self-employed young women and girls
should be assisted to organize co-operatives and ongoing training programmes to
improve their skills in production, marketing and management techniques.
Abused women
Gender-specific
violence is increasing and Governments must affirm the dignity of women, as a
priority action. Governments should therefore intensify efforts to establish or
strengthen forms of assistance to victims of such violence through the
provision of shelter, support, legal and other services.
Destitute women
Destitution is
an extreme form of poverty. Governments should ensure that the special needs
and concerns of destitute women are given priority in the their strategies.
Women victims
of trafficking and involuntary prostitution
Forced
prostitution is a form of slavery imposed on women by procurers. Social and
political pressures produce refugees and missing persons. Often these include
vulnerable groups of women who are victimized by procurers. Sex tourism, forced
prostitution and pornography reduce women to mere sex objects and marketable
commodities.
Women deprived
of their traditional means of livelihood
National and
international emphasis on ecosystem management should be strengthened,
environmental degradation should be controlled and options provided for
alternative means of livelihood. Measures should be established to draw up
national conservation strategies aimed at incorporating women's development
programmes.
Women who are
the sole supporters of families
Studies have
shown that the number of families in which women are the sole supporters is on
the increase. Owing to the social, economic and legal difficulties they face,
many such women are among the poorest people concentrated in urban informal
labour markets and they constitute large numbers of the rural unemployed and
marginally employed
Governments are
urged to ensure that women with sole responsibility for their families receive
a level of income and social support sufficient to enable them to attain or
maintain economic independence and to participate effectively in society.
09. BEIJING WOMEN’S CONFERENCES
The UN Decade for Women 1976-85 was followed
by five Beijing Conferences.
1995 Beijing Conference
A fundamental transformation took place at
the Beijing Fourth World Conference on Women, 1995. This conference recognized
the Vienna Conference on Human Rights, that women’s rights are human rights.
There was a shift of focus from “women” to the concept of “gender”, recognizing
that the entire structure of society and all relations between men and women
within it had to be re-evaluated.
2000 Beijing plus Five (B+5) Conference
The Twenty-third Special Session of the
General Assembly (23rd SSGA) produced an outcome document which listed the
achievements in the advancement of women during the previous five years. It
identified obstacles and current challenges to the process and strengthened the
BPfA by focusing action and addressing new issues.
2005 Beijing plus Ten (B+10) Conference
The 49th session of the
Commission on the Status of Women (CSW 49) was a celebratory review of the
implementation of the BPfA and the outcome document of the 23rd SSGA. It also
looked at the current challenges and forward-looking strategies since the SSGA.
2010 Beijing plus Fifteen (B+15)
CSW 54 presented a fifteen-year review of
the implementation of the Beijing Declaration and BPfA and the outcomes of the
23rd SSGA. Emphasis was placed on the sharing of experiences and good
practices, with a view to overcoming remaining obstacles and new challenges,
including those related to the Millennium Development Goals (MDGs). On 2 March
2010 the CSW adopted a Declaration reaffirming the BPfA and the outcomes of the
23rd SSGA, calling for their full and effective implementation, and emphasizing
that such implementation is essential to the achievement of the MDGs.
2015 Beijing plus Twenty (B+20)
In 2014, a twenty-year review of the
progress made in implementing the Beijing Declaration and BPfA was held at the
regional and national levels. These reviews has fed into the global review that
would take place in 2015 at CSW 59.
10. IMPACT OF UN DECADE FOR WOMEN IN INDIA
01. Legislations
Early Legislations
The Immoral Traffic
(Prevention) Act, 1956 was strengthened by the Amendment Act 46 of 1978, w.e.f. 02.10.1979 and Amendment
Act 44 of 1986 w.e.f. 26.01.1987.
Indian Penal Code, 1860
In 1983 Sn. 228A
of Indian Penal Code, 1860 was substituted by Act 43 of 1983 (The Criminal Law
(Second Amendment) Act, 1983 which was published on 26.12.1983) prescribing
punishment for any person who prints or publishes the name or any other
information related to the identity of a rape victim; unless such disclosure is
with the consent of the victim or, in case the victim is dead/minor/unsound
mind, by the next of kin of the victim, or by or under an order of the Court.
In 1983 Sn. 375
of Indian Penal Code, 1860 was substituted by act 43 of 1983 changing the name
of heading of chapter as ‘Sexual Offences’ for ‘Of Rape.’
In 1983 Sn. 376
of Indian Penal Code, 1860 was substituted by Act 43 of 1983 enhancing
punishment.
In 1983 Sn. 376A
of IPC was inserted by Act 43 of 1983 providing for intercourse by a man with
his wife during separation shall amount to rape.
In 1983 Sn.376B
of IPC was inserted by Act 43 of 1983 providing for intercourse with public
servant with woman in his custody shall amount to rape.
In 1983 Sn. 376C
of IPC was inserted by Act 43 of 1983 providing for intercourse by
superintendent of jail, remand home etc. shall amount to rape
In 1983 Sn.376D.
of IPC was inserted by Act 43 of 1983 providing for severe punishment for Gang
Rape.
In 1983 Sn.498A
of IPC was inserted by Act 46 of 1983 providing punishment for husband or
relative of husband of a woman subjecting her to cruelty
However Act 13 of 2013 amended Sections 375, 376, 376A, 376B, 376C and
376D of IPC w.e.f. 03.02.2013 thoroughly providing severe punishments to rapists
and by changing the definition of rape to wider scope.
In 1986 Sn.304B
Dowry Death was inserted by Act 43 of 1986 in Indian Penal Code, 1860.
Code of Criminal Procedure, 1973
In 1983, in Sn.
327(2) and 327(3) of Code of Criminal Procedure, provisions were inserted by
Act 43 of 1983 that in case of rape trial, in camera proceedings to be
conducted and that it shall not be lawful for any person to print or publish
any matter regarding proceeding.
In 1983, Sn.
174(3) of Code of Criminal Procedure, was substituted by Act 46 of 1983 that
when the case relates to a woman who dies within 7 years of her marriage, the
police officer shall send the body to be examined to the nearest Civil Surgeon
or other qualified medical man appointed by the Government.
In 1983, Sn.
198A of Code of Criminal Procedure was inserted by Act 46 of 1983 providing for
prosecution of offence under 498A of the Indian Penal Code.
Indian Evidence Act, 1872
In 1983 Sn. 113A
of Indian Evidence Act, 1872 was inserted by Act 46 of 1983 providing for the
presumption as to abetment of suicide by a married woman.
In 1983 Sn. 114A
of Indian Evidence Act, 1872 was inserted by Act 46 of 1983 providing that in a
prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d)
or clause (e) or clause (g) of sub- section (2) of section 376 of the Indian
Penal Code (custodial rape), where sexual intercourse by the accused is proved
and the question is whether it was without the consent of the woman alleged to
have been raped and she states in her evidence before the Court that she did
not consent, the Court shall presume that she did not consent.
In 1986 Sn. 113B
of Indian Evidence Act, 1872 was inserted by Act 43 of 1986 providing for
Presumption as to dowry death.
02. Case Laws
In
S. Radhakumari v. K.M.K. Nair AIR
1983 Ker 139 on
05.03.1982 Kerala high Court observed,
“And
in the International Women's Year 1975, the publication under the auspices of
the Indian Council of Social Science Research 'Status of Women in India', made
known to the public the Report of the National Committee on the 'Status of
Women in India', which pursuant to its appointment by the Government of India
in 1971, examined in depth and detail many facets of that subject. The
suggestions contained in Chap. IV, entitled "Women and the Law"
relating to the establishment of family courts, deserve to be extracted in this
context:
‘We.
therefore, strongly recommend the abandonment of the established adversary
system for settlement of family problems, and the establishment of family
courts which will adopt conciliatory methods and informal procedure in order to
achieve socially desirable results.’” This judgment has resulted in the
establishment of Family Courts in the State.
Gujarat High Court in Sahyog
Mahila Mandal and Anr. v. State of Gujarat and Ors. (2004) 2 GLR 1764
on 18.03.2004 has observed,
“The General Assembly of
the United Nations passed a Resolution on 16.12.1983 (A/RES/38/107) in its
meeting No.100 reaffirming the objectives of the United Nations Decade for
Women: Equality, Development and Peace, bearing in mind, "the essential
role of women in the welfare of the family and the development of society"
and "considering that prostitution and the accompanying evil of the
traffic in persons for the purpose of prostitution are incompatible with the
dignity and worth of the human person and endanger the welfare of the
individual, the family and the community", urged the Member States
"to take all appropriate humane measures, including legislation, to combat
prostitution, exploitation of the prostitution of others and all forms of
traffic in persons and to provide special protection to victims of prostitution
through measures including education, social guarantees and employment
opportunities for those victims with a view to their rehabilitation".”
A similar observation was made by
the Gujarat High Court in Pramod Bhagwan Nayak v. State of Gujarat (2007)
1 GLR 796 on 22.02.2006
In J.Sharmila v. The Secretary to Government W.P.(MD)NO.13555 of 2009 dated 19.10.2010 Madras High Court observed,
“16.Thereafter, a Commission, which was appointed during the International Women's Decade, submitted its report on National Plan of Action, 1976 identifying the areas of health, family planning, nutrition, education, employment, social welfare for formulating and implementing the action programme for women and called for action plans to improve the conditions of women in India.
17. Subsequent to the said report, a National Perspective Plan for Women for the year 1988-2000 A.D. was prepared by the Department of Women and Child Development through the Core Group set up by the Ministry of Human Resource Development. It published its report in the year 1988”
These judgments are the judicial acknowledgment of the importance of the UN Decade for Women. However, the Supreme Court does not seem to have noticed the importance of the Decade, as it has not only neglected the importance of the Decade, but also issued some of its antifeminist judgments as in the ill-famed Tuka Ram and Anr v. State of Maharashtra 1979 AIR 185: 1979 SCR (1) 810 (Mathura rape case).
03. Women’s Movements
With the declaration of the decade 1975-85 as the international decade for
women, the Indian state responded by commissioning a report on the status of
women to a group of feminist researchers and activists, which acknowledged that
Indian women suffered from a range of structural inequalities and injustices. A
large amount of money was channeled into women’s activities through various
groups and voluntary agencies resulting in a competition between different
women’s agencies and groups for these funds often causing schisms and conflicts
between them.
Despite these ideological differences, the issues that had arisen in the
women’s movement since 1975 were taken up by women’s groups representing all
ideologies and tendencies. But because of schisms, splits and feuds, there was
a feeling that the quest for unity was not only futile but also
counterproductive.
04. Women - Some Statistics
Rape is a typical and representative offence
committed against the dignity of women. Thus an analysis on the occurrence of
rape can be safely correlated with the empowerment / vulnerability of
women. Based on the records of the
National Crime Records Bureau of India, the following table showing the rape
cases registered in India is prepared.
|
Year
|
Total No.
of Rape Cases Reported
|
Victim Age
below 16
|
Victim Age
between 17-30
|
Victim Age
above 30
|
Rape per
one lakh population
|
|
1971
|
2487
|
723 (29.1%)
|
1461
(58.7%)
|
303 (12.2%)
|
0.45
|
|
1972
|
2605
|
627 (24.1%)
|
1642
(63.0%)
|
336 (12.9%)
|
0.47
|
|
1973
|
2919
|
783 (26.8%)
|
1704
(58.4%)
|
432 (14.8%)
|
0.5
|
|
1974
|
2962
|
730 (24.6%)
|
1806
(61.0%)
|
426 (14.4%)
|
0.5
|
|
1975
|
3376
|
696 (20.6%)
|
2167
(64.2%)
|
513 (15.2%)
|
0.6
|
|
1976
|
3893
|
692 (17.8%)
|
2576
(66.2%)
|
625 (16.0%)
|
0.6
|
|
1977
|
4058
|
858 (21.1%)
|
2583
(63.7%)
|
618 (15.2%)
|
0.6
|
|
1978
|
4558
|
773 (17.0%)
|
3058
(67.0%)
|
727 (16.0%)
|
0.7
|
|
1979
|
4300
|
751 (17.4%)
|
2825
(65.7%)
|
726 (16.9%)
|
0.7
|
|
1980
|
5023
|
1032
(20.5%)
|
3220
(64.1%)
|
772 (15.4%)
|
0.8
|
|
1981
|
5409
|
1122
(20.7%)
|
3488
(64.2%)
|
819 (15.1%)
|
0.8
|
|
1982
|
5427
|
1320
(24.3%)
|
3188
(58.8%)
|
919 (16.9%)
|
0.8
|
|
1983
|
6019
|
1170
(19.4%)
|
3779
(62.8%)
|
1072
(17.8%)
|
0.8
|
|
1984
|
6740
|
1279
(19.0%)
|
4398
(65.2%)
|
1067
(15.8%)
|
0.9
|
|
1985
|
7289
|
1127
(15.4%)
|
4989
(68.4%)
|
1179
(16.2%)
|
1.0
|
|
1986
|
7952
|
1261
(15.9%)
|
5305
(66.7%)
|
1386
(17.4%)
|
1.0
|
|
1987
|
8559
|
1406
(16.4%)
|
5679
(66.4%)
|
1474
(17.2%)
|
1.1
|
|
1988
|
9099
|
2102
(23.1%)
|
5832
(64.1%)
|
1165
(12.8%)
|
1.1
|
|
1989
|
9752
|
2334
(23.9%)
|
5646
(57.9%)
|
1772
(18.2%)
|
1.2
|
|
1990
|
10068
|
2499
(24.8%)
|
6028
(59.9%)
|
1541
(15.3%)
|
1.2
|
|
2001
|
15636
|
5682
(36.3%)
|
7711
(49.3%)
|
2246
(14.4%)
|
1.6
|
|
2010
|
22172
|
5545
(25.0%)
|
12749
(57.4%)
|
3899
(17.6%)
|
1.9
|
|
2015
|
34651
|
5846 (16.8%)
|
22513 (64.7%)
|
6412 (18.5%)
|
5.7
|
The rape rate in India in India in 1974 was
0.5 per one lakh population. However when the International Year for Women,
1975 was declared in 1975 the rate increased to 0.6 per one lakh population. In
1985 at the end of the UN Decade for Women the rate has increased to 1.0 per
one lakh population. That is, the eleven years comprising of the International
Year for Women, 1975 and the UN Decade for Women 1976-1985 the rape rate has
increased 100 per cent. The latest published data of 2015 reveals a rate of 5.7
per one lakh population. That is 1140 per cent increase in rape between 1974
and 2015, comprising a span of 41 years. The average increase of rape per year
is 27.8% approximately. This data alone are sufficient to prove that the
observance of International Year for Women, 1975 and UN Decade for Women
1976-1985 and even the present legal and social reformation have not positively
influenced the dignified the status of women in India. Even the children are
abused mercilessly. This naturally would lead into the conclusion that the
rapist men in India are much vulgar in their dignity than their victims. The
degradation in the dignity of men are a much greater threat to the dignity of
women everywhere.
11. CONCLUSION
The average increase of rape per year is 27.8%
approximately since 1974. This data alone are sufficient to prove that the
goals of UN Decade for Women were not successful in India. The legislations
during the decade However The Immoral Traffic (Prevention) (Amendment)
Act, 1978, The Criminal Law (Second Amendment) Act, 1983
and The
Immoral Traffic (Prevention) (Amendment)
Act, 1986 were supposed to bring in considerable changes, but the result was
unsatisfactory. The Criminal Law (Amendment) Act, 2013 (Act 13 of 2013) and The Criminal Law (Amendment) Act, 2018 (Act 22 of 2018) was sufficient to give teeth and claws to rape laws.
The recent Supreme Court judgments legitimizing living together with consent
between adults (Nandakumar and Anr. v. The State of Kerala and Ors Criminal Appeal
No. 597 OF 2018), legitimizing
LGBT sex under Section 377 of Indian Penal Code (Navtej Singh
Johar v. Union of India Writ Petition (Criminal) No. 76 of 2016), striking down the criminal offence of
adultery under Section 497 of Indian Penal Code (Joseph
Shine v. Union of India Writ Petition (Criminal) No. 194 of 2017), allowing entry into temples during
menstrual periods (Indian Young Lawyers Association v. The
State of Kerala Writ Petition (Civil) No. 373 of 2006) etc. have facilitated in the sexual freedom
and equality of women in par with men. However the goals of the UN Decade for
Women was not only attaining conjugal equality, but also civil, political,
economic, social and cultural equalities. But such equalities can only be
attainable in par with the evolution of the society. The civil, political and
economic rights are not functionally increasing, but the scope of restrictions
on these rights are gradually expanding and thus feminist gender justice in
these aspects whether shall continue for the equality of rights can be ensured
only when there is real existence of rights available without discrimination.
United Nations Resolution adopted by
the General Assembly 102nd plenary meeting dated 16th December 1976
proclaimed the United Nations Decade for Women 1975-1985.
Considering that in its resolution 3520 (XXX) of 15 December 1975 it proclaimed
the period from 1976 to 1985 United Nations Decade for Women: Equality,
Development and Peace, to be devoted to effective and sustained national,
regional and international action to implement the World Plan of Action for the
Implementation of the Objectives of the International Women's Year, and related
resolutions adopted by the World Conference of the International Women's Year,
held at Mexico City from 19 June to 2 July 1975,
Aware of the importance of developing and
implementing without delay a programme of concrete action for the Decade,
Considering further its decision to
convene in 1980 a world conference to review and evaluate progress made and,
where necessary, readjust existing programmes in the light of new data and
research available,
Noting with satisfaction the
Programme for the United Nations Decade for Women as adopted by the Commission
on the Status of Women at its twenty-sixth session and transmitted to the
General Assembly by the Economic and Social Council at its resumed sixty-first
session.
1. Approves the
Programme for the United Nations Decade for Women, which focuses on the first
half of the Decade, 1976 to 1980;
2. Urges Governments
and United Nations bodies to take all necessary steps to give effect to the
Programme for the Decade and to give it priority in view of the real need to
attain the goals of the Decade;
3. Calls upon
Governments to take measures to ensure equal and effective participation of
women in political, economic, social and cultural life and in policy-making at
local, national, regional and international levels, thereby increasing their
role in international co-operation and in the strengthening of peace;
4. Recommends that
Governments should establish machinery, where appropriate, which could include
governmental and non-governmental agencies, bureaux and commissions, in order
to ensure the effective implementation and evaluation of the World Plan of
Action and of the Programme for the Decade within the framework of national
development plans and regional policies;
5. Recommends further
that Governments, in co-operation with the Secretary-General, the specialized
agencies, the regional commissions, appropriate regional and international
research centres and institutes as well as appropriate intergovernmental
bodies, should undertake the organization of training courses and seminars
whereby officials responsible for the formulation and implementation of
national development plans would study multidisciplinary techniques and methods
which can be utilized in effectively integrating women in development;
6. Invites, as a
matter of priority, Governments and organizations and bodies of the United
Nations system as well as all governmental and non-governmental organizations
concerned and the mass media to undertake massive public information programmes
with a view to making all sectors of the population aware of the need to
implement fully the Programme for the Decade;
7. Requests the
Secretary-General to take fully into account the financial and staff needs
required to implement effectively the World Plan of Action and the Programme
for the Decade;
8. Requests the
Secretary-General to prepare, for the consideration of the General Assembly at
its thirty-second session, a report on the measures taken to implement the
present resolution, in particular paragraphs 4, 5 and 6 above, as well as a
progress report on other measures taken to implement the World Plan of Action
and the Programme for the Decade.
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