Feminism, Social Change And Tsunami Women Victims

The principle which regulates the existing social relations between the two sexes — the legal subordination of one sex to the other — is wrong itself, and now one of the chief hindrances to human improvement; and that it ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other .

By
Jasper Vikas George*

In the age of third generation rights, the gender equality i.e., the human rights of women are the inalienable, integral and indivisible part of human right. The full and equal participation of women in political, civil, economic, social and cultural life at the national, regional and international levels and the eradication of all form of discrimination on grounds of sex are priority objectives of the international community. In the modern times the affirmation, protection and implementation of human right has virtually become a sine-qua non of a just and fair society, and these issues are neither conferred to the area of international law nor are more platitudes for the purpose of academic debates any more.

Even, the constitution of India confers a catena of right upon women. Our venerated constitution makers were well aware of the subordinate and backward position of women in our society. They therefore made conscious efforts for improving the entire situation in favour of women. There is thus not only a fundamental right to equality conferred upon all, but also an unequivocal prohibition made under Article 14 and 15 (1), against discriminating only on the ground of sex. The state is also empowered to make special provision in favour of women [15 (3)] resorting to judicial activism the Supreme Court has expanded the scope of ‘right to life’ to new horizons by sending many more rights into it as integral and essential part thereof. Article 51-A declare it a fundamental duty of every Indian citizen to renounce practices derogatory to the dignity of women. Thus the spirit of gender equality, dignity and justice pervades the entire framework of our constitution. In view of the generous constitutional scheme, innumerable laws have either been enacted or amended in the interest of women in India.

However, despite the worldwide support for women’s right proclaimed through innumerable declaration, convention, national constitutions and laws women continue to be treated unequally.
The representation of women at all levels of Government is 7.1% of Government service. The representation of women in the Indian Administrative Service is about 10%. Out of the 500 and odd Judges of the superior courts, there are only 15 women Judges. The full potential of women therefore remains grossly underutilized even after more than 50 years of the working of the Constitution. In the words of Clare Dalton Feminism is a “range of committed inquiry and activity dedicated first, to describing women’s subordination – exploring its nature and extent; dedicated second, to asking both how – through what mechanisms, and why – for what complex and interwoven reasons – women continue to occupy that position; and dedicated third to change . The condition of the women on the day of International Women day is not satisfactory at all. The celebration of International Women Day By the feminists is just a myth. The advent of feminism it self is a myth. Any thing not from the horse mouth is not a truth. The advent of feminism marked to the great male philosophers of their times. J.S Mill is among the foremost. But, can a male be the right person to view the problems of the women. In Kuwait the women demanded rights while protesting and also held the banner over which it is written that “Islamic law does not contain anything against women’s rights.’ The turnover is coming, but it needs proper leadership and understanding of local values.
Subalterns studies and the Feminists
The advent of subaltern studies is the benchmark in the evolution of the feminist jurisprudence. The experience of women, the subjugation of women, the feeling of the exploitation and the harassment of women are so subjective that it can not be explained objectively by any one else than the female herself.

In the late 1990’s a new form of sociological jurisprudence was proclaimed: realistic socio-legal theory. To Brian Tamanaha, whose book is thus entitled, this identifies and develops foundations for social scientific study of law. The draws on philosophical pragmatism to establish an epistemological foundation which specifies the nature of social science and its knowledge claims, and a methodological foundation which uses both behaviouralism and interpretivism . The contemporary expressions are very professional. Yet, long distance is supposed to be covered. Invariably, the condition of the women is not considerably changed at all.

Voice of the Women

Women have, however, some share of influence in giving the tone to public moralities since their sphere of action has been a little widened, and since a considerable number of them have occupied themselves practically in the promotion of objects reaching beyond their own family and household .
The voice of women is always subject to the modern trend. It has crossed all the borders in last few decades. The Multiculturalism of the cotemporary world has further provided ample opportunities to the women to develop in every possible field. The Globalisation and privatization are the instruments of social change. The liberalized economy comes up with the demand of labour in abundance. Multiculturalism though has provided platform to work for the liberation of the women from the clutches of the oppressed law regime, yet, the strategy needs some basic changes.
Firstly, outlook of the feminists need changes, which is working uniformly all over the world without substantive equality. The strategy should be to adopt policies region wise. Demands for such group rights are growing –from indigenous native populations, minority ethnic or religious groups, and formerly colonized peoples (at least when the latter immigrate to the former colonial state). The societal culture is different from region to region.
Secondly, the substantive use of the media, which should have self-regulation. The commodification of women and their derogatory portrayal in the media – be it films, television, advertisements, cable or cybernetwroks, electronic or print media – are going into Frankenstein properties .

ILO and the Dedication of the Year to the Women Victims or Tsunami

The International Labour Organisation (ILO) had honoured the women victims of tsunami by dedication this year 2005 to them. The condition of the Tsunami victims overall irrespective of gender bias is in its worst form. However ILO has dedicated this year specifically to the women tsunami victims. The general question which asked is that why gender bias, when tsunami’s affected everybody overall. The answer is that women especially the younger one will prone to sexual violence due to displacement and chaos because of lawlessness.

The displacement needs support from every part because women have to perform dual functions of handling the children as well as of bread earner. These conditions can force them to go for prostitution. So rebuilding of the women victims of tsunami is the first task in front of the ILO.
Women’s Development and Constitutional Equality
In The year 1848, the first wave of feminist movement started in the New York, where women’s political rights were demanded. In India, the institution of equality is guided by the constitution of India, 1950. Constitution provides two sets of provisions. One, includes general rights contained under Articles 14, 15 (1), 16(1) and second set include Articles 15 (3), 15 (4), and 16 (4).

Conclusion

In the words of Justice Krishna Iyer in (C.B. Muthamma, I.F.S. v/s Union of India and Others (1979) 4 SCC 260) "We do not mean to dogmatise or universalise that men and women are equal in all occupations and situations and do not exclude the need to pragmatise where the requirements of particular employment, the sensitivities of sex or peculiarities of societal sectors or handicaps of either sex may compel selectivity. But save where the differentiation is demonstrable, the rule of equality must govern". It is said that the level of culture is best characterised by the legal status of woman. There is a grain of profound truth in this saying. From this point of view, substantive equality is the only source of equating the both sexes.

The Domestic labour of the women should be accounted. Her voice in political decisions is actually the vice of the husband. Her consideration is inseparably connected with that of her husband, and after paying the full price for it, she finds that she is to lose it, for no reason of which she can feel the cogency. She has sacrificed her whole life to it, and her husband will not sacrifice to it a whim, a freak, an eccentricity; something not recognised or allowed for by the world, and which the world will agree with her in thinking a folly, if it thinks no worse! The dilemma is hardest upon that very meritorious class of men, who, without possessing talents which qualify them to make a figure among those with whom they agree in opinion, hold their opinion from conviction, and feel bound in honour and conscience to serve it, by making profession of their belief, and giving their time, labour, and means, to anything undertaken in its behalf .

Women are world’s largest excluded category. They side marked ‘men’ ride high with power. Advantage build on advantage till today they are titled so steeply that almost all of the world’s wealth is on men’s side, while most of the work on women. Women participate inadequately in employment and repeatedly discriminated by most of the organisations. In this regard it is stated that Factory act, which earlier prohibited the women from working in night has been amended recently. Similarly the Punjab Excise Act prohibits the women to work as a bartender. Such laws discriminate women adversely and deprived from job opportunities.

Notes

*Jasper Vikas George, Advocate, Delhi High Court, Res. 69, Antriksha Apartments, H-3, Vikas Puri, New Delhi – 110018, Off. G – 2/2, Ground Floor, Sector – 16, Rohini, New Delhi – 110085

1. Mill J.S, “The Subjection of Women”.

2. (1987), 3 Berkeley Women’s L.J. 1.2

3. Tamanaha Brian, “Realistic Socio-Legal; Pragmatism and a Social Theory of Law”, 1997

4. Lloyd’s, “Introduction to Jurisprudence”, 2004, p. 687

5. Mill J.S., “The subjection of Women”

6. Parsi Gargi, “Media should have self-regulation”, THE HINDU, Tuesday, March 8, 2005, p. 12, Delhi Edition

7. Mill, J.S., “The Subjection of women”