Why do laws favour women
Why do laws favour women?

The Other Side of Coin: Why do laws favour women?

0 Shares
0
0
0
0

On Lawgical Shots, we have shared various legal blogs berating misuse of laws meant for protecting women, and discussing the importance of men’s rights. While the misuse of such laws is an undeniable fact, enacting laws for women has a story, a strong reasoning. Here, we have addressed the answer to “Why do laws favour women?”, and explained the various aspects of its reasoning, while also sharing the list of Women-Centric Laws in India in a step-by-step manner.

What are women-centric laws?

Literally speaking, laws which are surrounded around women rights can be understood as women centric. In other words, the legal statutes or provisions which provide special rights to women, and serve for protection of women, are women-centric laws. The purpose could be to curb violence against women, be it mental or physical violence, to make them financially empowered, to protect them against any discrimination at work. The aim of such laws is to protect women against any behavioral discrimination which could prevent them freely leading their personal or professional lives. 

Also check – Property Rights for Females in India

What we are already aware of is that laws in India favour women in different facets. They may protect women against violence, abuse, provide equal opportunity, and even support through other means to empower women. Here, we need to explore the legal grundnorm which sprouts all these laws, which gives the backing for why men can be discriminated against for making laws that favour women.

Constitution of India for Women

The India Constitution in its simplified form promotes the rule of law. It gives everyone the right to equality under Article 14. That is a general understanding for everyone that regardless of their race, colour, status, gender, everyone is equal in the eyes of law, and nobody can be discriminated against. The said contention is stated under Article 15 of the Constitution. However, Article 15(3) of the same elaborates that the State cannot be restricted from enacting any special provisions favouring women and children. This expression empowers the lawmakers to secure special laws that favour women in India. That is the reason whenever someone challenges one of those women-centric laws for violating the principle of equality, Article 15(3) validates its existence.  

Why do laws favour women?

There is a cultural or historical norm which has records that women have faced bias in the patriarchal society. Where men used to be the breadwinners and women would stay within the four-walls of their house. Even at homes, men would beat their wives, and women being financially dependent, would absorb all the violence silently. Due to this, when women have to leave their house, it was a men-reigned world at work and women may be discriminated against, being paid less for the same work, being sexually harassed. 

To curb all this, the lawmakers deemed it fit to bring legal protection for women in the form of laws which would address the specific facets of distress faced by women. The idea was to have laws for women so that whenever someone would sexually harass her, she would have the option to approach the authorities seeking redressal and punishment for the perpetrators.  

Explore the rights of females in live-in relationships

List of Women Centric Laws in India

Since we have answered the initial question – “Why do laws favour women?”, given below is the list which contains and gives a brief idea about the laws for Indian women:

  • Against Sexual Harassment

There are provisions under the Bharatiya Nyaya Sanhita which provide punishment sexual offences including rape, assault to outrage the modesty of a woman, voyeurism, stalking, etc. 

  • Laws for Married Women

The famous IPC Section 498A is inculcated under Sections 85 and 86 of BNS punishing the husband and his relatives for cruelty against married women. Dowry death is also punishable under BNS. Under the Protection of Women from Domestic Violence Act, 2005, provisions are there for women in a shared household facing mental or physical violence. There is another Dowry Prohibition Act which punishes the acts of giving and taking of dowry. Apart from this, there are provisions for maintenance under Bharatiya Nagarik Suraksha Sanhita, Hindu Marriage Act, Hindu Adoption and Maintenance Act, etc. wherein the husband is required to pay a certain amount to his wife. 

  • Women at Workplace

Since progeny is unimaginable without women carrying the child, the Maternity Benefit Act, 1961 offers financial safeguards for women who give birth or even those who suffer a miscarriage. The Equal Remuneration Act ensures men and women get equal pay for equal work. There is another law – Protection of Women against Sexual Harassment at Workplace (POSH) Act which provides for procedure to be followed in case a woman is sexually harassed at the workplace.  

  • Laws against Ill Practices

There used to be the wrong custom of proceeding with marriages of children at a tender age. The Child Marriage Prohibition Act which restricts marriage below specific age in India.  

  • Modesty of Women

Women have often been objectified in the media, be it movies or other forms of expression. The Indecent Representation of Women (Prohibition) Act, 1986 restricts such acts and upholds the essence of decency. Another such law is the Immoral Traffic (Prevention) Act, 1956 which punishes all those involved in human trafficking of minor and adult females among others.

Why Laws Favour Women? – An Understanding

The reason for women-centric laws is quite clear, that women have been facing downfall across various facets of life. However, Gender stereotypes in the Indian Legal System, and the parallel misuse of laws for women have ignited the debate for gender neutral laws where male victims are kept on an equal pedestal. The fact cannot be denied that for every woman misusing laws meant for her protection, there are many real victims out there who are assumed to be opportunists. In any case, rather than stereotyping a specific gender as the ultimate victim, there should be laws that peek through the human who is being targeted, emotionally or physically. 

You May Also Like