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Doctor of Philosophy in Human Rights

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Doctor of Philosophy in Human Rights PROTECTION OF WOMEN’S RIGHTS IN INDIA-JUDICIAL INTERVENTION AND INTERPRETATION THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF Doctor of Philosophy In Human Rights SUBMITTED BY UMME HABIBA UNDER THE SUPERVISION OF Dr. MASARRAT FATIMA DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY, ALIGARH (INDIA) 2018 Acknowledgement All praise to Allah for His countless blessings upon me. It is but for His blessings that I have been able to complete this work. I bow my head humbly before the Almighty Allah. Then I would like to express my heartfelt thanks and gratitude to my Supervisor Dr. Masarrat Fatima for her support and guidance throughout this study. Her continuous support helped me in the accomplishment of the present work. I must be grateful to Prof. S. Waseem Ahmad, Chairman, Department of Political Science AMU, Aligarh and my reverend teachers Prof. Asmer Beg, Dr. Mohammad Aftab Alam, Dr. Mohammad Mohibul Haque, Dr. Khurram, Dr. Mohammad Naseem Khan, Prof. Abdulrahim P. Vijapur, Prof. Arshi Khan, Prof. Arif Hameed, Prof. Iftekhar Ahmmed, Prof. Farhana Kausar, Prof. Mohammad Nafees Ahmad Ansari, and Prof. Aftab Alam for their support, guidance and encouragement. I am also grateful to Dr. Dastgir Alam, Associate Prof. Department of Economics, AMU, Aligarh, for his support and motivation. I would like to dedicate my present work to my parents who have always been an inexhaustible source of inspiration for me. Their blessings and kind words have always with me for which it has been possible for me to accomplish the arduous task of completing this thesis. So, I sincerely offer my gratitude to my parents S.H.Ahmed and Mrs. Mafida Begum for their constant support and love. They are a beacon for my life. I cannot forget the help and cooperation received from my beloved brothers Salman Ashraf and Arif Mohammad, and sister Umme Salma. I am also thankful to my Uncle M. Choudhury and Aunts Khadiza Khatun, Momtaz Begum and Tahmina Begum for their love and care throughout this research work. I am thankful to my friends Zarrin Rizvi, Reehana Sheikh, Rifat Jabeen, Saba Parveen, Sumaiya Ahmad, Shaheen Parveen, Nafisa Banu, Dr. Mehraj Uddin Gojree, Dr.Aijaz Ul Haq, Dr. Sheila Jameel, Nazrul Islam, Mudasir Kazi, Mudassir Parray, Ramiz Raja ,Aftab, Shama, Nazia and Shabeeha Saleem for their support during the various stages of my research. v Dr. Manzoor Ahmad Najar deserves special thanks for his support, kindness and encouragement. I am greatly indebted to him for his valuable guidance and suggestions in my research work. His guidance helped me in all the time of research and writing of this thesis. I cannot forget the service of the members of the non-teaching staff of department of Political Science. They are Hammad Ahmad, Mohammad Asaf, Sulaiman Khan, Mr. Nizamuddin, Muqeet–ur-Rehman, Mohd Arshad and Afzal Khan. I am also indebted to the staff members of Maulana Azad Library (AMU), the Seminar Library of the Department of Political Science (AMU), Centre for Women’s Studies (AMU), Jawaharlal Nehru University Library (New Delhi) for providing me relevant materials related to my research work. Umme Habiba vi PROTECTION OF WOMEN’S RIGHTS IN INDIA-JUDICIAL INTERVENTION AND INTERPRETATION ABSRACT SUBMITTED FOR THE AWARD OF THE DEGREE OF Doctor of Philosophy In Human Rights SUBMITTED BY UMME HABIBA UNDER THE SUPERVISION OF Dr. MASARRAT FATIMA DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY, ALIGARH (INDIA) 2018 Abstract ABSTRACT It is an established fact that women all over the world have been the victims of discrimination and injustice throughout the centuries. In India, women constitute almost half of the total population yet belong to vulnerable sections of the society and have been under the domination of the patriarchy since very past which is aptly reflected in the Mahabharata as well as in the Manusmriti. From the ancient times, women have been victims of a number of social evils and vulnerabilities in our existing patriarchal society. The heinous crimes perpetrated against women are rising; almost each newspaper contains one or more news of rapes, assaults, battering, incest, etc. committed indiscriminately upon the female folks. Regrettably, however, the hazardous incidents hitting majority of Indian women remain unreported. An adequate percentage of women remain silent over the injustice inflicted on them because of the fear of being turned out of their homes by their husbands. Modern period has witnessed plenty of noteworthy changes done in India but alas! meager changes have come to our women because of the ancient customary approach towards them by the so-called cultured men of our society- considering the women as second class citizens having no rights of their own. The powerlessness of Indian women is caused by keeping them isolated from the decision-making processes, seizing their employment prospects, providing them meager emoluments against their labours, keeping them away from the basis accesses to the government facilities, etc. Such condition of women exposes the illegitimacy of the Indian society, which ultimately snatches away the legitimate rights of women of our nation. The grave concern, therefore, is to candidly admit that the condition of women particularly in our society or in our country in general is deteriorated; so to liberate and empower women what we need is “the change in attitude” of entire population concerned with the theme. The ancient idea of women ought to be given up and need to consider the abilities and caliber of the women in a positive and realistic sense. Against this backdrop, the human rights of women of all kinds have been recognized globally and also by the National Constitutions and organic laws. The judiciary also played an important role in the protection of human rights of women. However, there exists a wide gap between the international standards and policies and 1 Abstract the actual problems in attaining the full recognition and enjoyment of all human rights and fundamental freedoms for women. The Constitution of India guarantees women the rights and opportunities equal to men. Besides, there are adequate Acts and Laws enacted and formulated for the protection of women from all sorts of discrimination, violence and injustice being perpetrated upon them; the crimes and violence against women are on the rise that is a grave concern for the nation. A lot of studies have been pursued on this burning issue from different perspectives, yet the need of the hour is to go deep into this ailing problem with a new look to see what is actually lacking in the existing mechanism of delivering justice to the women ensuring access to their rights and opportunities. The topic under the study “Protection of Women’s Rights in India-Judicial Intervention and Interpretation” is a descriptive, analytical and historical study about the protection of Women‟s rights in India in multi-variant areas. The study takes into consideration various laws, their enactment and constitutional status regarding the protection and promotion of women‟s rights. Special focus has been laid on the role of judiciary or judicial intervention and judicial interpretation of various laws. The study also takes into account the constitutional safeguards for the protection of women‟s rights; and socio-political status of women in India. Since the study is descriptive-cum-historical in nature, the historical background of women‟s rights through various ages has also been discussed. Subsequently the study gives a present scenario and status of women‟s rights: their violations and their protection and promotion in India. Finally the study concludes with few suggestions regarding the prevention of violation of women‟s rights and the promotion and protection of women‟s rights in India as a whole. The present thesis has been divided into six chapters. First Chapter is a general Introduction of the study. It consists of six sub-sections: Introduction, Objectives of the Study, Hypothesis, Research Questions, Statement of the Problem, Methodology, Sources of Information, and lastly the Literature Review with Conclusion. In this chapter an attempt has been made to give a general overview of the situation under which women in India have been the victim of social discrimination and injustice and have to sacrifice their rights to live with dignity and pride for the sake of the age-old traditional and religious faith. This chapter also 2 Abstract highlights the fact that the women in India are still far from enjoying equal status with men as ensured by the existing constitutional and legal mechanism that necessitates further studies with a new look into this magnificent issue. Second Chapter relates to Socio-Political Status of Women in India: A Historical Perspective from Pre –Independence to Present Period. While going through the history from ancient times to the present day we find that the position of women has been changing from authority and freedom to that of subordination and slavery. There was mushrooming growth of discriminatory practices, oppressive social customs, fetters imposed by religion. In Mahabharata (Shanti Parva) women has been equaled with the dwarfs, lean men, lame and blind men, idiots and eunuchs, who are excluded from the place where the king hold any consultations. In the Manusmriti it is stated that women should never be independent- “as a daughter she is under the surveillance of her father, as a wife of her husband and as a widow of her son”. According to the Mosaic Law to betroth a wife to oneself meant simply to acquire possession of her by payment of the purchase money and the women being man‟s property was always at the mercy of her husband who had the privilege to divorce her. Similarly the early Christian fathers described women as the “gateway to Hell,” “the origin of the Devil,” “the mother of all evils,” “Daughters of falsehood‟‟, “Sentiment of Hell” and the enemy of Peace,” etc.
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