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Origin Al Article International Journal of Political Science, Law and International Relations (IJPSLIR) ISSN(P): 2278-8832; ISSN(E): 2278-8840 Vol. 11, Issue 3, Jun 2021, 13-24 © TJPRC Pvt. Ltd. EMPOWERMENT OF WOMEN: A REALITY OR A MYTH Dr. DAISY CHANGMAI1 & MONMI GOHAIN2 1Department of Law, National Law University and Judicial Academy, Assam, India 2Department of Law, National Law University and Judicial Academy, Assam, India ABSTRACT Empowerment of women denotes the liberation of women from the atrocious and faulty clutches of society and its various components. Empowerment can be brought about by providing certain platforms like education, awareness, social acceptance, etc. The Constitution of India has embedded the idea of gender equality and empowerment in its Preamble, Fundamental Rights, Fundamental Duties, and the Directive Principles. There are various other legislations, both domestic and international which work for the same. But until today, it is considered as a dilemma, given the rate of development and modernization the society has gone through. World Health Organisation has revealed that 35% of the women worldwide suffer several kinds of violence at some point in their life. This is the position of almost every country in the world and India is not an exception. There is still a huge percentage of women who are defenseless, marginalized, Original Article and distressed, providing only support and ample facilities will not suffice the idea of empowerment. It is required to have an insight into the real cause of the situation and actual effort lies in changing the perception of the entire society towards uplifting the sense of security and safekeeping of the women of our country. KEYWORDS: Empowerment, Gender Equality, Security, Status Quo, Insight Received: Mar 18, 2021; Accepted: Apr 08, 2021; Published: Apr 20, 2021; Paper Id.: IJPSLIRJUN20212 INTRODUCTION “You can tell the condition of a country by looking at the status of women”- Jawaharlal Nehru. Empowerment of women is a major goal of development. In the real sense, empowerment of women denotes guaranteeing rights to women, giving them decision-making power and access to opportunities and resources. It can also be brought about by providing certain platforms like education, awareness, social acceptance, etc. Women have been given a high place of honour since ages under Hindu Society. The Great Shastrakars Manu proclaims that women form the foundation of a prosperous society. Manu quotes – “the society that provides respect and dignity to women flourishes with nobility and prosperity. And a society that does not put women on such a high pedestal has to face miseries and failures regardless of how so much noble deeds they perform otherwise.” Women empowerment is a critical aspect of achieving gender equality, both go hand in hand. Only by uplifting the women which are also regarded as the vulnerable section of the society, we can generate equality among unequals. The Constitution makers were well versed with the idea of gender equality and empowerment and hence, they incorporated the same in the objectives of the Preamble and different Parts, namely, Part- IIII, IV,II IV- www.tjprc.org [email protected] 14 Dr. Daisy Changmai & Monmi Gohain AIII in the Indian Constitution. Violence against women becomes a major subject of concern for international legal and policy framework which obliges the state parties to take appropriate measures – legal or other measures to ensure protection to women against all kinds of violence and respect their dignity and integrity. There are various other legislations both domestic and international that aim at achieving gender justice through women empowerment. Considering the importance, the researchers attempt to find out the authenticity of the empowerment in the prevailing legal regime and the role of the civil society to ensure overall empowerment to the women community as well. Hence, the aim of this paper is to look into the actual idea of women empowerment in our country and how is it fulfilled by the established rules and regulations. In addition to that, the paper also aims at giving out apparent solutions to ensure the status quo for women in society. RESEARCH METHODOLOGY The researchers have incorporated mainly doctrinal methodology in preparing the paper. The research is analytical which is based on critical analysis of the existing state of facts and information available. Source of data is secondary based on different reports and statistics of prominent investigative agencies published from time to time. However, researchers have also relied on the study on legal articles, legal journals and internet archives, etc. Empowerment of Women in India: A Conceptual Analysis The concept of empowerment of women in India is not a new concept. Several steps are being taken by the government as well as non-governmental institutions towards the empowerment of women. At this juncture, it is essential for us to understand the concept of empowerment. Empowerment can be defined as the phenomenon through which the vulnerable and defenseless can gain greater control over their lives and the entire decision-making process. It also means a change in the thinking of the people and the changing the circumstances of the society.IV Various Aspects of Women Empowerment in India Women empowerment does not mean the exclusion of women as a different class of people in society. It means taking women to be at par with men and reducing the notion of patriarchy present in our country. So, there are various aspects of women empowerment which is given as under:V Empowerment of women from a human rights perspective: By the virtue of being a part of society, women have equal rights with men. Empowerment of Women from a social perspective: It emphasizes the gender disparities that women faced in society which need to be curbed down so that there can be social upliftment of women. Empowerment of women from an educational Perspective: This highlights the awareness and education of the womenfolk in the society so that we can ensure equal participation of women in the society. Empowerment of Women from a legal perspective: This emphasizes the formation of an appropriate legal structure and implementation of the established provisions. Women should be made aware of the available legal provisions. Impact Factor (JCC): 5.0038 Rating: 2.46 Empowerment of Women: A Reality or A Myth 15 Empowerment of women from an occupational perspective: In this regard, equal opportunities have to be given to the womenfolk as well. There should not be any discrimination in the nature of work and payment facilities. Empowerment of Women from a political perspective: Taking part in the politics of a country is very important to women in terms of empowerment. So, there should be the formulation of a suitable legal system that can ensure women's involvement. Empowerment of Women in India: A Legal Analysis The Constitution of India assures empowerment of women by means of various guarantees in it such as the prohibition of discrimination on the basis of sex,VI equality of opportunity in employment,VII equal remuneration with the male counterpart for equal work,VIII equal participation in the decision-making process, one-third reservation in the election of local bodies,IX etc. Moreover, the State machinery is directed under the Constitution to take measures to secure adequate means of livelihood for women equally with men,X just and human conditions of work and maternity reliefXI, so on and so forth. Additionally, Indian Constitution giving special privileges to women and children empowers the State to make special provisions for themXIIand also imposes an obligation on every citizen of India to promote harmony and renunciation of derogatory practices towards the dignity of women.XIII To maintain the focus of the constitutional objectives, the Government of India has passed a considerable number of laws for safeguarding women from their abode to the workplace. But, in spite of these efforts, the womenfolk of our country are not secured. This is a question that needs to be answered in the due course of time. There must be some lacunae that prevent such provisions to reach the women which is not yet gone from our society and which needs to be addressed. Some of the Recent Cases Respecting Dignity of Women Right to be Forgotten and Dignity of Women Right to be forgotten is a new concept applied in sensitive cases affecting the modesty and reputation of the women particularly. This right is generally functional in cases involving women. In India, the right to be forgotten is recognized in Sri Vasunathan v. Registrar GeneralXIVcase, where the petitioner had prayed under Articles 226 and 227 of the Constitution before the Court for the removal of the name of his daughter from the digital records maintained by the High Court in a judgment. The petitioner urges the court that the judgment of the Court might reflect in the public domain along with her name which would be detrimental to her reputation in society and also her relationship with her husband. The Karnataka High Court sustained the right, in this case, set an example of its goodwill towards the dignity of women fraternity. This right permits an individual to request for the removal of his/her personal information/data online to the extent that it is not visible for search engines like Google and Yahoo.XV Right to Reproductive Choice or Sexual Autonomy The Apex Court in the case of Suchita Srivastava v. Chandigarh AdministrationXVIopined that under the broader ambit of right to life and personal liberty, the reproductive choice of women is an important facet that entitles a woman's autonomy in participation in sexual activity and beget or not to beget child out of their married relationship.XVII Triple Talaq is Unconstitutional www.tjprc.org [email protected] 16 Dr.
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