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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

PLIGHT OF WOMEN IN INDIA: A CRITICAL ANALYSIS WITH SPECIAL REFERENCE TO THE DOMESTIC VIOLENCE ACT – Aniket Chauhan

INTRODUCTION

“You can tell the condition of a Nation by looking at the status of her women”

– Jawaharlal Nehru.

What role women are playing and can play in development has become the main topic of discussion around the world at the beginning of this millennium. In terms of their socioeconomic and political empowerment, it is clear that women have made significant progress over the past few decades. Despite this, it is an open secret that many women in developing nations like India are far from enjoying the benefits of the developmental process, despite their valiant efforts to ensure the sustainability of the machinery. Women have experienced significant social and economic advancements, even in affluent nations, yet they still lack political equality. However, even in developed nations, women who are self-sufficient financially, encounter numerous challenges in daily life. In nations like India, where women are worshipped while also being mistreated and completely subordinated, the situation is worse[1].

In its many stages over time, human development has highlighted the necessity of empowering all people, particularly women, and has done so by promoting, developing, and coordinating programmes under a Human Development Agenda.

Due to the values of social justice, equality, and participation in decision-making in both private and public life, this will help people become self-sufficient and contribute to the process of national development.

As is typical of human thought, there are at least three ways to approach the question of gender and development: from the perspectives of equality, empowerment, and development effectiveness. The first point of view emphasises equality as the cornerstone of the social contract: Male or female, everyone should be treated equally in society, politics, and the economy.

This is a potent justification that comes from political philosophy. Extending people’s options and levels of control over their life is the basis for the second defence. According to this viewpoint, highlighting gender emphasises the importance of empowering both women and men for development. The third strategy contends that gender issues affect the effectiveness of development efforts and may persuade people who are dubious about the place of gender in development policy-making. In recent years, more successful development has been regularly attributed to women’s active participation in governance, education, and income generation[2].

According to Greek philosopher Aristotle, “Man is a Social Animal,” since prehistoric times, his behaviour has been animal-like. Man is an egotist who values himself above all others. It doesn’t imply that he lacks noble qualities. Even after civilization emerged, man has continued to pretend to be nature. As a result of this pattern of behaviour, the State is left with little choice but to enact a number of laws to stop the behaviour that endangers the lives of other people. Women are seen as the property of men. She is viewed as a component of man, as shown in the sculpture “Arthanariswara.” This indicates that society does not want or intend for women to live on their own in this world. All of the dharma Shasta, starting with Manu Code, are treating her inhumanely in various ways. On the one hand, they view women as goddesses, but on the other, they have only treated them poorly in return for the physical labour and household duties they have performed for their families. The sacrifice made by a woman is completely overlooked, not even acknowledged, and not even shown the slightest amount of appreciation to comprehend the deed of a woman[3].

Women today do have a certain status if they are educated and self-sufficient financially. However, having complete independence and completely engaging in the decision-making process in their lives must go a long way. Too many limitations, traditions, and customs render women handicapped and unable to act to stop these customs, even when they want to. Even if we concede that women have rights, they are now very average and limited, and they still lack a great deal in order to live the lives they choose. Indian women’s status is precarious today. Every woman should face the true struggle of life after marriage, and she is under pressure to uphold a good reputation with her husband, in-laws, and the relatives in both of their families. The struggle starts here, where all of her desires come to a standstill position and her husband’s wishes are forced and thrashed upon her, which automatically becomes her priority. This is her first task, to earn good name from her family members she is forced to transform her identity as according to the needs of the new family. She has been taught by her parents to follow this tradition, and she is under pressure to think that once she achieves this, all other women will vanish. She is under enormous pressure as a result of her new relationship, and she needs extraordinary talent and strategies to handle the entire situation that results from it, which drains her energy completely. The majority of women experience this actual struggle at the hands of their husbands, in-laws, and other family members.

The violence that women perpetrate in their husband’s home puts them in genuine danger of losing their lives. They experience this violence throughout their lives, which is referred to as “domestic violence.” According to academics, domestic violence is a social crime. Human interactions have given rise to civilised societies. Therefore, in order to survive in society, an individual requires a group that shares a common place to live, engages in economic cooperation, and reproduces. The family structure facilitated this. Family formation is a long-standing custom. Marriage is the most common way that families are formed. Relationship between opposite sex is legally and socially accepted only through marriage. But, this is not the only way practiced in recent days[4].

[1] Walker, L. E. “Psychology and domestic violence around the world”. American Psychologist, 54(1), (1999)

[2]OlaW.Barnett,CindyL.Miller,RobinDPerrin,FamilyViolenceAcrosstheLifeSpan(SagePublication–p.20 2010)

[3]SherriL.Schornstein,DomesticViolenceandHealthCare(SAGEPublications–p.7. 1997)

[4]ElizabethM.Schneider,BatteredWomenandFeministLaw making(Editionp.102. 2006)