Ethics of Equality to the Empowerment of Women
- Dispensation of Justice and Conceptualization -
- Part 2 -

Dr Priyadarshni M Gangte *

Domestic violence and its legal ethics are apparently shown in the discourses where Mukul (Mukul Mukherjee, Op. cit; p.23) has personally taken up. Section 498A was introduced into the Indian Penal Code in 1983, it treats domestic violence as a serious, cognisable non-bailable criminal office punishable with imprisonment for a term of three years or five.

For the purpose of this Section, 'cruelty' means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause injury or danger to life and limb or health (whether mental or physical). Section 304 B was also added to the Indian Penal Code in 1986, making punishable violence leading to 'dowry death' that is murder or suicide of women related to dowry demands. At the same time, the Indian Evidence Act was also amended, shifting the burden of proof for such deaths on the accused which meant that unlike other cases, the husband and his family would be presumed guilty unless proved innocent (ibid) Section 113A of the India Evidence Act: Presumption as to abetment of suicide by a married woman; and Section 113B of the Indian Evidence Act : Presumption as to dowry death are some of the notable laws.

We have Mathura Rape Case—sexual assault, IPC- 376 is inserted by the amendment of 1983, 386A, 386D are also added. Section 386A—new office is created as sexual intercourse with judicially separated wife with out her consent; is considered as an offence punishable with 2(two) year imprisonment and five. Custodial Sexual Intercourse—IPC 376 B, 376C, and 376D deal with sexual intercourse committed by custodial authorities against women in their custody, punishment with custodial rape five years imprisonment.

Moreover, we need to create proprietary entitlement for women, all matrimonial property should be registered in the joint names of husband and wife, perhaps, it is not done so, the wife should have the right to ask injunction until the matter is solved if the marriage breaks down. Besides, parents should not be prevented from denying daughter their rightful share of property. And the right of wife to matrimonial homes also be guaranteed.

In 2001 the Government of India introduced in Parliament the protection from Domestic Violence Bill which came into force in 2005. It envisages that any conduct of the respondent shall constitute domestic violence if, he
(a) Habitually assaults or makes life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount of physical ill-treatment; or
(b) Forces the aggrieved person to lead an immoral life; or
(c) Otherwise injuries or harms the aggrieved person.

Singh (M.P. Singh, Jurisprudential Foundations of Affirmative Action: Some Aspects of Equality and Social Justice, Delhi Law Review, 1983-84; p.42) contended Justice is generally divided into legal and social justice, legal justice concerns the punishment of wrong doing and the compensation of injury through the creation and enforcement of a public set of rules, whereas, social justice requires equitable or just distribution of the social goods and evils or burdens and benefits. While distinguishing social justice from legal justice Miller says :
Social justice concerns the distribution of benefits and burden throughout a society, as it results from major social institution, property system, public organisation, etc (D. Miller : Social Justice, 1976; p.22).

I would like to lay certain methods of empowerment through complement of rights or powers to be empowered :
(i) by creating penal sanction against certain types of behaviour that violates the dignity or liberty of woman;

(ii) by creating new propriety entitlement for women such as giving a share in the matrimonial property or assuring them a right to work on equal wages (Art. 42 – Equal pay for equal work);

(iii) by providing preferential treatment to women or providing for compensatory discrimination in their favour by receiving jobs, or seats in local self government institution, and

(iv) by facilitating the exercise of liberty or freedom by such person.

Whatever said and done, mass education is essential for women empowerment. In Manipur social change is needed, the trend of present society, mindset of mass cannot be conscious, economic, social and political consciousness through education is certainly increased. Women solely cannot bring the same, it needs male's support heart and soul. Besides Bhattacharya (P. Krishnaprasad (ed) : Women And Society, Student Struggle, Vol.31, Issue No.2. February 2002 SFI-II, Windsor Place, New Delhi 1; p.5) has contended that education for women in India today requires be no different from the education that we envisage for all citizens.

The specific constraints that prevent women's access to education and reduce the possibility of their completing it have to be counteracted, however, opportunities have to be provided to enable them to those who have been traditionally excluded from. The syllabus and curriculum in schools have to register the presence of women in society and also to break feminine stereotypes through texts.

In Manipur context, women can be categorised into three groups—(i) educated and employed; (ii) educated and unemployed; and (iii) uneducated group ie illiterate. The last group comprises the largest number, come out openly fighting against the social issues. These social activists, became very vocal, can reach to the extremes of any social dimensions, however, they are not working and fighting for themselves but for others particularly the male gentry.

These illiterate women participated in the field are not able even to read and understand properly what actually is written and the meaning thereof on the banner in the eventuality like, to remove AFSPA, of course, our society has a meager number of educated women intellectual, accustomed to stay back from such activity ie within the four walls of home. Obviously, women empowerment will be a distant dream, maintained by Chinglen Maisnam, Economics Department, Manipur University, (interviewed on 25.2.2009.)

It will be interesting to note and examine what Jean (Jean P. Sasson, Princess, 1992, Doubleday Transworld Publishers Ltd., Berks, U.K. ; p.163) has asserted :

Only we modern educated women could change the course of women's lives. It was in our power within our wombs. I looked to my wedding date determined anticipation. I would be the first of Saudi women to reform her inner circle. It would be my sons and daughters who would remodel Arabia into a country worthy of all its citizens, both male and female.

Hence, Saudi women have of course changed to certain extent, now they have become education director and minister. Here Princess is a book depicting all the social problems faced by Saudi females. Princess Sultana (name changed) one of royal Fahd princess, collected her own diaries whatever she experienced since her childhood till she become a mother. The book points out the discriminations and the injustices faced by females in a very orthodox and conservative society in Saudi Arabia.

It is also necessary to strengthen women's sense of common identity by articulating the elements of feminist consciousness and presenting it as the special quality of women leadership (Indian Sociological Society, ibid; p.361) eg the Meira Paibis of Manipur have played a very important role as peacemakers not just between families, clans, and tribes but underground insurgents and Government of India.

However, in the tribal areas, we find two sets of democratic institutions at work—a modern democratic and traditional systems. The traditional systems never recognised the rights of women as primary decision-makers in matters of community issue like inter-ethnic conflicts crisis management, social sanctions, etc. Thus, Sujata (Ibid) has maintained traditional institutions and customary laws prevalent among tribal people, though portray an egalitarian socio-economic structure, is discriminatory when it comes to women rights in traditional governance and customary law.

Womenfolk in this society have yet a long way of struggle to go to achieve desired goal of upliftment and empowerment. Moreover, when we deeply look at the status of Meitei women we feel that though liberated and omnipotent the Meitei women still need social security and more human treatment at the hands of the male partners (P.M. Gangte : Customary Laws of Meitei And Mizo Societies, Akansha Publishing House, N.Delhi-2, 2008; p.337).

Irene (Irene Salam, Department of History, Manipur University, interviewed on 11.3.2009) maintained that with the advent of globalisation much awareness has been created on the subject of women's empowerment. Although this exists only on theory than in practice, some progress has been made on the ground level for instance in the sphere of economy. Women have been providing with technical and vocational training in diverse fields enabling them to pursue a sustainable livelihood. By becoming income earner they have contributed to the family kitty and thereby ensure a rise in the standard of living.

In the social sphere although always held a high position, they have now become a voceferous in asserting their needs and status. In the relative sphere women have become more active and not contend to just serve and remained in the background but would also like to be represented in the role of preachers and theologians. This is specifically applicable to the tribal community in Manipur because in the Meitei community the Maibis occupy a premier position in the performance of ritual associated with indigenous religion. Awareness of rise although on the rise has not been translated into practice mainly because women feel afraid to approach the law courts where justice is often delayed.

Concluded....