WOMEN EMPOWERMENT
AN OUTLOOK IN THE INTERNATIONAL AND NATIONAL LEVEL
by
Advocate. L.Victoria Gowri
Nagercoil
Cell : 9443375586
CONCEPT OF WOMEN EMPOWERMENT - EMERGENCE IN THE INTERNATIONAL LEVEL

   The first world conference on the status of women was convened in Mexico City to coincide with the 1975 International Women’s Year, observed to remind the international community that discrimination against women continued to be a persistent problem in much of the world.
   The Mexico City Conference was called for by the United Nations General Assembly to focus international attention on the need to develop future oriented goals, effectives, strategies and plans of action for the advancement of women. To this end, the General Assembly identified three key objectives that would become the basis for the work of the United Nations on behalf of women
• Full gender equality and the elimination of gender discrimination
• The integration and full participation of women in development
• An increased contribution by women in the strengthening of world peace
   The Conference responded by adopting a World Plan of Action, a document that offered guidelines for governments and the international community to follow for the next ten years in pursuit of 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 such as education, employment opportunities, political participation, health services, housing, nutrition and family planning.
   This approach marked a change, which had started to take shape in the early 1970s, in the way that women were perceived. Whereas previously women had been seen 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. A similar transformation was taking place in the approach to development, with a shift from an earlier belief that development served to advance women, to a new consensus that development was not possible without the full participation of women.
   The Conference called upon governments to formulate national strategies and identify targets and priorities in their effort to promote the equal participation of women. By the end of the United Nations Decade for women, 127 Member States had responded by establishing some form of national machinery, institution dealing with the promotion of policy, research and programmes aimed at women’s advancement and participation in development. Sharp differences emerged among the women gathered at the Forum, reflecting the political and economic realities of the times. Women from the countries of the Eastern Block, for instance, were most interested in issues of peace, while women from the West emphasized equality and those from the developing world placed priority on development. Nevertheless, the Forum played an important role in bringing together women and men from different cultures and backgrounds to share information and opinions and to set in motion a process that would help unite the women’s movement, which by the end of the Decade for Women would become truly international.
   Women have a vital role to play in the promotion of peace in all spheres of life in the family, the community, the nations and the world. As such, women must participate equally with men in the decision-making processes which help to promote peace at all levels.
  

LAW AND WOMEN IN INDIA

   India is a Multi religious and Multi Cultural Nation with age old customs, beliefs and philosophies. The transformation of our culture and our society has been steered at a number of levels in all these years. If it occurred only in the minds of individuals it would be powerless. If it came only from the initiative of the state, it would be tyrannical. Personal transformation among large numbers is essential, and it must not only be a transformation of consciousness but must also involve individual action (2003 AIR SCW 3536 para 28). Thus individuals need the nurture of crops that carry a moral tradition reinforcing their own aspirations, that would evolve a strong society propagating the essence of family system, strength of motherhood, personal purity in mankind and the benevolence of brotherhood. The word “INDIVIDUAL” in this context would include MAN AND WOMAN. In the process of transformation of our culture and our society, there is a constant slow and steady shift in the development of women.
   The constitution of India naturally metamorphosised itself a basic document which provide for women empowerment in our nation within the frame work of the plenary provisions of Articles 14, 15(3), 21, 39(a), 51A(e) and preamble.
The Constitution of India–Article 14-Equality before law:-
   The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
The constitution of India-Article 15(3)-Prohibition of discrimination on grounds of religion, race caste, sex or place of birth:-
   Nothing in this article shall prevent the state from making any special provision for women and children. The constitution of India-Article 21-Protection of life and personal liberty:-
   No person shall be deprived of his life and liberty expect according to procedure established by law.
The Constitution of India-Article 39(a)-Certain principles of policy to be followed by the state:-
   The state shall, in particular direct its policy towards securing,
   a) That the citizens, men and women equally, have the right to an adequate means of livelihood.
The Constitution of India-Article 51(e)-Fundamental duties:-
   It shall be the duty of every citizen of India
   e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women The Constitution of India-PREAMBLE:-
   WE, THE, PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens
   JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
   EQUALITY of status and of opportunity and to promote among them all;
   FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.
   Thus the Women empowerment chemistry hatched in India with the evolution of the constitution of India on 26.11.1949. The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) is the main foundation of rights in respect of women to which 166 countries including India are members till date. The convention interalia recognized that the discrimination against women in some areas, hampers economic growth and detrimentally hampers the society at large. The fruits of CEDAW evolved in India by the insertion of sections 498A and 304 B in Indian Penal Code.
   Chapter XX-A : OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND [INSERTED BY ACT 46 of 1983] SECTION 498-A INDIAN PENAL CODE HUSBAND OR RELATIVE OF HUSBAND OF WOMAN SUBJECTING HER TO CRUELTY:-
   Whoever, being the husband or the relative of the husband of a women, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to five Section 304-B Dowry Death [Inserted by Act 43 of 1986] :
   (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
   (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Concurrently the Indian Evidence Act, 1872 was also amended by the criminal Law (Second Amendment) Act, 1983, by inserting sections 113A and 113B. Accordingly the burden of proof of innocence was shifted to accused in case of abetment of suicide of married women within seven years of marriage. The amending Act also inserted section 198A in Criminal procedure Code, 1972, whereas a court can take cognizance of the offence upon police report or upon complaint by party or women’s parents, brother, sister etc.
   Inspite of these legal measures to ensure the security of women by our law makers, in many occasions the law itself becomes failure though nor fully. Therefore it becomes necessary to enact the special Legislations. Such special legislations are
    Dowry Prohibition Act, 1986
   Suppression of Immoral Traffic on Women and Girl (Amendment) Act, 1986
   Legal services Authorities Act, 1987
   Protection of Women from Domestic Violence Act, 2005
   Protection of women from domestic Violence Rules, 2006
The Indian Policy more or less has always tried to cope with the contemporary need-based development of laws for the specified purposes. This is because the constitution is not to be constructed as a mere law, but as the machinery by which laws are made. The constitution is a living and organic thing which, of all instruments has the greatest claim to be constructed broadly and liberally. (AIR 1990 SC 781). Thus I would proudly submit that we the Indian women are safe and secure under the gentle shades of our constitution.