In the modern era, women are walking along with men in every sector and in every aspect, be it economic, social or political, and everyone is aware of that. Women are human too, they are individuals who need to be considered and regarded with equal respect and opportunities as men. With a considered number of increasing crimes against women, women’s rights and safety become crucially pivotal. Consistent access to education, empowerment, healthcare, equal status in society, and timely reforms should make their way to every country’s Legislation.
Women-centric legislative laws and reforms have been taken into consideration since 1829 when Raja Ram Mohan Roy took the initiative to end dreadful Sati Pratha. Still, even today we struggle to safeguard our women and provide them with equal opportunities and status in society. However, we came across a few amendments in the past as many never-to-forget horrible events and incidents that took place, also that shook everyone’s senses and asked the government to intrude, effectuate and change the existing laws.
Following are the significant steps taken by the Indian government in forming legal reforms for women till now:
The Nirbhaya Case: Amended Juvenile Justice Act of 2000
On December 16, 2016, six men assaulted and raped a 23-year-old lady on a bus before discarding her body on the road in a horrific gang rape. Five of the six men were adults, with the exception of a 17-year-old child. When the five adult males were captured, they were condemned to death, with one of them dying in jail during a trial. The 17-year-old was sentenced to three years in a juvenile correctional facility.
The tragedy jolted the nation’s conscience and generated significant protests, resulting in the amendment of the Juvenile Justice Act 2000, which decreased the age restriction to be tried as an adult from 18 to 16 years.
Mary Roy vs. Kerala State: Amended Indian Succession Act of 1925: The Indian Succession Act of 1925 was extended to Christians in Travancore and Cochin, guaranteeing equality to daughters.
Mary Roy’s husband died without making a will. She was Arundhati Roy’s mother, and she chose to dispute the inheritance statute, which declared that her daughter would lose the title to the property if she did not have a will. According to the Travancore Christian Succession Act of 1092, if a man dies without writing a will for his daughter, she is not entitled to anything. As a result, the property would pass to the demised’s son.
Mary Roy battled for her daughter and used Article 14 by claiming equal property rights. She also argued that all Syrian Christian women should be granted equal property rights. Finally, the Supreme Court found in favour, and the Indian Succession Act of 1925 was extended to include Christians in Cochin. If the father dies intestate, the female kid is entitled to the same portion as her brother.
Mathura: Amendment: The Criminal Law Act, 1983
Mathura was a juvenile tribal girl who was summoned to the police station late at night on March 26, 1972. A police officer raped her and then let her go. Mathura chose to charge the cop with rape. But the Supreme Court decided in favour of the cop. As there were no traces of struggle on Mathura’s body, she did not even yell or beg for help.
However, due to widespread popular support, an amendment to the Criminal Law Act of 1983 was enacted. According to this change, custodial rape is an offence that is criminal, and the process for dealing with consent is now incorporated into India’s Rape Laws.
It is for the first time that the death penalty has been introduced for the offence of rape considering the gravity of the offence and the government’s conscious attempt to pose increased punishment as a deterrent for such heinous crimes against women and young girls.
Rajasthan State vs. Vishaka: Impact: Developed rules to protect women from sexual harassment in the workplace.
Bhanwari Devi was a social worker who was gang-raped in a Rajasthan hamlet in 1992. She was attempting to prevent her one-year-old daughter from marrying since she did not want to. As a result, she took action against her family. She brought a lawsuit and wanted justice. She gained a lot of support from non-governmental organisations, which prompted the Supreme Court to issue a landmark decision that helped to safeguard women from sexual harassment at work and helped to achieve universal equality.
Prior to 1997, there were no such standards in existence to safeguard women at work? In April 2013, the court adopted The Sexual Harassment of Women at Workplace Prevention Act, also known as the Prevention, Prohibition, and Redressal Act 2013. Vishakha’s instructions were crucial in properly crafting and enacting this legislation.
Muhammad Ahmed Khan vs. Shah Bano Begum: Section 125 of the Criminal Procedure Code of 1973 was amended
Shah Bano was 62 years old and a mother of five when her husband, Muhammad Ahmed Khan, divorced her in 1978. She came to court to seek support from her divorced spouse. She wanted alimony, which is against Islamic law. Even the authorities ruled in her husband’s favour. Considering her health and age in reference, the Supreme Court decided in favour of Shah Bano, upholding secularism and women’s welfare by amending Section 125 of the Criminal Procedure Code. This decision allowed maintenance from their husbands in the event of divorce for all Muslim wives.
In America, Susan Brownell Anthony became one of the most visible leaders of the women’s suffrage movement and she said, “The day will come when men will recognize woman as his peer, not only at the fireside but in councils of the nations. Then and not until then, will there be the perfect comradeship, the ideal union between sexes that shall result in the highest development of the race.”