Most Indian Women Fighting To 'Live With Dignity', Shows National Commission For Women Data
Right to live with dignity.
It's a general perception that women approach the National Commission for Women (NCW) only for cases related to rape, molestation or dowry, but it is not the reality. But the reality is far from what it appears to be as maximum women who approach NCW is because their ¡®right to live with dignity' is encroached upon.
¡®Right to live with dignity¡¯ is indeed an umbrella term and it covers a slew of aspects, but it¡¯s one category in which NCW receives a maximum number of complaints.
In the year 2016-17, NCW received a total of 4373 complaints in this category, which was way more than complaint received in the category of dowry harassment(1752), outraging the modesty of a woman (946) and violence against women (943).
Reuters
In Maneka Gandhi v. Union of India case, the Supreme Court gave a new dimension to Article 21 and held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity.
Elaborating the same view, the Court in Francis Coralie v. Union Territory of Delhi observed that:
¡°The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self.¡±
Reuters
Another broad formulation of the theme of life to dignity is to be found in Bandhua Mukti Morcha v. Union of India. Characterizing Article 21 as the heart of fundamental rights, the Court gave it an expanded interpretation, Bhagwati J. observed
¡°It is the fundamental right of everyone in this country¡ to live with human dignity free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials.¡±
AFP
But surprisingly police apathy against women follows it
Police often get accused of being insensitive to women when they come to complain about crime against them, the department tries to brush its insensitivity under the carpet in the name of procedure. But NCW statistics show that more than molestation and dowry cases, women complain about police apathy when they go report of the crime against them.
AFP
NCW received a total of 3963 complaints of police apathy against women where police didn¡¯t treat the women properly. Free legal aid to women subjected to any sort of crime is also government¡¯s prerogative, but it doesn¡¯t happen on ground and NCW has received a total of 144 complaints in this regard.
Ray of hope: Women also complain related to the right to exercise choice in marriage.
Marriage is strictly considered to be matter of families to decide and even in today¡¯s time, women in India are not allowed to marry the person of their choice due to complex social divide.
AFP
NCW received 337 complaints in this regard which may not sound a big number, but if we see it in the wider perspective that at least 337 women could take up the issue to NCW which is quite encouraging.
Crime and discrimination against women is a reality and it exists in every walk of life, but 'right to live with dignity' is a must, not only for women but for all living beings.