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Unit 9: Status of Women
Legal Remedies Notes
Justice to women has to be recognized publicly so that human service professionals could respond
with proper action. In the first decade after independence, gender equality was recognized as a
significant problem and a greater amount of effort went into assuring that exploitation of women
would be identified and responded to with proper measures. Between 1952 and 1962, several laws
were designed to bring about equality to women. Prior to the enactment of these laws, professionals
and politicians were extremely reluctant to identify the necessary legal measures needed to boost
equality of the sexes. But after India became a republic, our new power-holders came to believe that
woman’s equality was no longer a ‘family matter’ but a social problem. Several state laws were,
therefore, drafted with the aim to treat women on par with men. But as expected, social laws have not
been fully implemented. The courts continue to be traditional in perspective while interpreting social
laws. The criminal justice system has to approach woman’s ex-ploitation from a sociological
perspective, instead of remaining bogged down to legal technicalities. Some laws have also to be
amended so that the police need not wait for surgical sutures for arresting a man for ‘hurting’ a
woman. Many police officials point out numerous instances where women fail to press charges and
actually drop charges at the trial. Consequently, the police and the prosecutors cannot advise women
victims for taking legal action against their brothers who refuse to give them a share in paternal
property or against their fathers who marry them against their wishes, or against husbands who
compel them to go for abortion. Women’s co-operation with the law is extremely necessary. Organized
women’s groups or voluntary organizations have to help women seeking protection through legal
measures.
Social Remedies
Social remedies include women welfare services, encouraging the establishment of voluntary
organizations, and legal literacy of women through mass media. The voluntary organizations have
to identify women in need of services. The help of the neighbours has to be sought in reporting cases
of ‘abused’ women to human service agencies. The public education and awareness programmes
will help women in taking injustice to them seriously and seeking the help of social workers and
women’s organizations in getting their due rights. The optimal situation for women welfare agencies
is to be able to respond to women’s problems of injustice quickly, effectively, and in a manner that
treats the causes of injustice and abuse, not just the symptoms. The males have also to be made to
reanze their new roles in the changed times and understand the necessity of their own contribution
to family life and housework.
Economic Remedies
Education and vocational training for women will enable them to seek jobs and become economically
independent. The independence will reduce their stress, bring fundamental changes in their values
and beliefs and make them bold enough to demand and stand-up for their rights.
Women need resources to help them to shape better conditions of life for themselves and their families.
Following Elise Boulding (1977: 132), ten resources may be suggested for women in our society:
technological aids which will be labour-saving devices and will lighten women’s burden of heaviest
daily tasks, basic community facilities, encouraging girls to join schools and get education and training,
non-formal education, specialists who may train women, opportunities for paraprofessional training,
credit facilities, legal protection of rights, voluntary organizations, and programmes of placing women
in important positions at various levels.
It may be concluded that making women aware of their rights in the rural areas requires a different
type of planning and approach than making women aware of rights in the urban areas. At the same
time, we have to concede that legislative sanctions by themselves cannot raise the status of women.
This effort has to be coupled with other efforts suggested earlier. It is only this conjunctive approach
that can get justice to women in our society.
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