- Note that many socio-economic pundits and women rights activists wish us to believe that the women’s lot in India as well as around the world has undergone metamorphosis enjoying the benefits of equal opportunities, gender parity, equality, unbiased treatment, and level-playing fields. This assertion could be anything but true since women continue to be treated as second-class citizens despite government authorities ringing in several changes to their lot. However, the age-old anachronistic belief system, patriarchal mindset, and misogynistic disposition toward women continue to rule the roost.
PC: Secret Atlanta
- Even some revered institutions like the judiciary wade into this aspect delivering astonishingly unbelievable verdicts much to the chagrin of women. The moot point to ponder over here is why women must fight for their rightful rights even as the modern-day world prides itself as the most progressive, inclusive, and transformative society ever. Make no mistake, women have proven beyond doubt that they are second to none on several parameters and fields hitherto considered as male domains. Nonetheless, men and some institutions have not changed their opinions about extending equal consideration to women.
- A question arises as to what a woman’s rights and duties are. In the rich and varied weave of our society, this question has as many answers as the times it is asked. But when it is asked of courts there must be greater standardization. Our constitutional courts must take guidance from the great document that came into effect on 26th January 74 years ago. If they keep muddling the issue concerning ancient texts or traditions, that’s unjust not only to one woman in one case. Denial of equal rights to women is holding back India itself. Moreover, it must be acknowledged that the wife isn’t a synonym for drudgery.
PC: UN News
- Last week Jharkhand HC opined that a wife must serve her mother-in-law and grandmother-in-law, and not make unreasonable demands to live separately. It quoted from Yajurved, Rigved, Manusmriti, and Brihat Samhita. The case only concerned maintenance, which HC disallowed for the wife and increased by 66% for the minor son. The problem is clear. Instead of sticking to facts, the court is propagating a subjective morality. Of course, sons are enormously coddled in Indian families, but courts shouldn’t continue this nannying. Courts shouldn’t echo mohalla bullies in declaring that where a married couple lives cannot be their decision alone.
- After all, a neighborhood might also believe that honeymooning is anti-Indian or only to be done with a mother-in-law in tow. A young wife insisting otherwise is hardly torturing her husband. Courts must stop reading such in-differences from the point of view of a poor husband. We know how these blinkers are of course turned against the second sex from childhood on. It defies logic when courts keep telling women to just accept such treatment as their culture. What about the right to equality? Right to freedom. Right against exploitation. Judges must remember this inalienable aspect of the Constitution before pronouncing judgments.
