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Social Justice

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December 29, 2017

Discuss the recent developments in the field of women’s rights in India. (200 words)

Refer – The Indian Express

Enrich the answer from other sources, if the question demands.

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IAS Parliament 7 years

KEY POINTS

Judicial development

·         The ‘Triple talaq” was declared unconstitutional by the Supreme Court and hailed as a huge victory for gender rights.

·         The acquittal of Mahmood Farooqui on the ground that a woman’s ‘No’ was ‘feeble’ and thus it was ‘difficult to decipher… a denial of consent’ is a troubling precedent in this regard as it may transfer the onus of consent on the victim, as sexual harassment and assault goes unchecked.

·         Women rights received a setback with the Supreme Court’s refusal to recognise marital rape, even as it recognised sex with a minor wife as illegal

Political developments

·         The govt. had introduced a bill against talaq-e-bidat, criminalizing the perpetrator up to a term of 3 years.

·         The Minister for Women and Child Development Menaka Gandhi declared that due to illiteracy, social customs and religious beliefs, marital rape could not be applied in India. 

·         In a country where terms of consent are poorly understood, women have little agency over their bodies and intimate partner violence is pervasive. This will have serious repercussions.

Social development

·         Indian girl Raya Sarkar’s Facebook list naming and shaming sexual predators in academia was defended by many as a great way of women to bring down powerful predators where complaints, procedures and subsequent actions were non-existent; state, police and judiciary is often unfriendly.

  • In India, most cases go unreported for fear of shame and repercussions. These type of tactics helps to prevent women themselves from such activities.
  • Meanwhile, it was also questioned on the basis of lack of due process of law.