CHAPTER VII-CONCLUSION AND SUGGESTIONS

7.1 CONCLUSION –

We have almost completed 64 years of independence. The founding father of

our constitution had envisaged the concept of equality of women in
competition with men which has not fully become a reality till date and
women who theoretically enjoy an equal status with men in the constitution of
India have not been able to exercise that equality in letter and spirit.

In spite of several laws, women have been not able to get justice. There has
been constant increase in number of crimes against women. Harassment of
women at workplaces is also on the increase which is because women do not
come forward and raise there voices. Increasing participation of women in
political processes and trade union activities is one of the major way in which
the traditional male dominated value system can be challenged.

As Women plays a very important role in the society, there is an urgent need
that they should be protected from all the crimes and violence, faced by her
day to day, and all the legislations which are enacted in their favour should
implemented properly.

Here are some suggestions for the proper implementation of the concerned
legislations and relevant judicial pronouncements.

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7.2 SUGGESTIONS –

(1) - It is said that the law without the public opinion is nothing but a bundle
of papers. The gap between the men and Women cannot be bridged by just
enacting laws without any public support and opinion as social engineering
laws are different from the penal laws which are just related to injuries and
punishment and are deterrent in nature but social engineering laws are enacted
to uplift the norms 0f the society and are progressive in nature and therefore it
should be backed by the will of the people for whom it is enacted. It is also
to be made clear that the centuries old practice cannot be eliminated by one or
two days, it takes much time. And when laws are enacted to bring radical
change in the society and are not backed by the will of the people or laws are
ahead of the public opinion than it has to face great resistance and opposition
from the conservative thinking of the society and are dead laws; which have
no effect on the society.

(2) - It is necessary to understand that if equality exists only as a phenomenon

outside the awareness and approval of the majority of the people, it cannot be
realized by a section of women socialized in traditions of inequality. Thus,
there is a need to social awareness and to educate people to change their
attitude towards the concept of gender equality. The need of the hour is also to
focus attention on changing the social attitudes in favour of equality for all by
enacting a uniform law.

(3) – In India since time immemorial Women have always been treated
unequally Vis a vis man. The unequal treatment of Women have impregnated
in every sphere of life whether it is social or economic. The most glaring
example of this aspect can be very well be seen with regard to right in
property of a women. Apart from women of other religion, the Hindu female
too is one of the most gravely discriminated sex of a Hindu society. Since

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time immemorial, Women’s right in ancestral properties have been deprived.
Even the Hindu laws have been insufficient on this aspect till the enforcement
of the Hindu Succession (Amendment) Act, 2005. The overall effect of the
Amended Act is a step in true spirit towards empowerment of the Women. It
can be predicted that the gradual enlightment of the society will usher new era
of reforms in female empowerment. The difficult question of implementing
the 2005 Act remains. Campaigns for legal literacy, efforts to enhance social
awareness of the advantages to the whole family if the women own property,
and the legal and social aid for women seeking to assert their rights, are only a
few of the many steps needed to fulfil the change incorporated in the said Act.

(4) - The Code of Criminal Procedure (Amendment) Act, 2008 has inserted
various new provisions which are basically enacted in order to make the trial
procedure relating to the offences regarding women more easy any
favourable, for instance; there is a provision that the offence of rape should be
tried as far as practicable by a court which is presided over by a women judge;
and many others. Thus, there is a great need that these provisions should be
given effect to so that they do not merely remain a piece of legislation with no
practical use in the daily proceedings before the criminal courts.

(5) – Though there are various landmark judgments of the Apex Court which
are aimed at protecting the women from the various crimes of which they are
victims, but all these will be meaning less unless steps are taken to implement
them and in case of any crime being faced by any women recourse is taken by
her towards these judgments as a shield. Thus, they should be considered by
the women as a strong weapon to fight against the crimes which they face in
their daily lives from within the four walls of their house to their work place.

(6) – In India the most of the laws were not effective as they were ahead of the
public opinion and willingness of the people to change the society and give

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the women the status of equality in the society too lacked. So in order to give
women their respective position in the society strong public opinion should be
created through education, seminars and taking the help of various other
instruments of the society such as the media etc so that the people of the
society should get educated about and change their centuries old thinking and
willingly implement the laws enacted for the emancipation for women.

(7) – To improve the status of the women in the society the need of the hour,
is that the laws should not only be enacted but they should be backed by
strong public willingness and public opinion because so long as conservative
social thinking remains deep rooted in the society laws will not be able to
achieve their ends. It must be asserted that social reforms is in social thinking,
behaviour and law would be effective only if they are backed by the major
section of the society.

(8) – There is a need to create awareness among the people for gender
equality. Gender equality includes protection from sexual harassment and
right to work within dignity, which is a universally recognised basic human
right.

(9) - Trafficking is also one of the crimes which are faced by the Women.
Therefore, laws dealing with trafficking must be stringent, and strict
punishment must be awarded to the offenders of trafficking, including the
publications of names of the offenders. Punishment must also be deterrent
one.

(10) – Proceeding in the above mentioned cases musty be in camera and

victim must not be treated as on offender but she requires help and support of
the society/ government to come out of scourge/ trauma of trafficking. During
proceedings, she must have all the necessities and amenities of life.

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(11) – Special task / police force must be created for this purpose. This
force/police must be given training as how to deal with the victims of the
trafficking, to give counselling to the victims and help the victims in
rehabilitation and resettlement.

(12) – There is no reason why the international conventions and norms cannot,
be used for construing the fundamental rights expressly guaranteed in the
Constitution of India which embody the basic concept of gender equality in all
spheres of human activity.

(13) – Female foeticide1 is another heinous act and an indicator of violence

against women. The situation is further worsened by lack of awareness of
women’s rights and by indifferent attitude of governments and medical
professionals. To prevent this practice in the India society is a serious
challenge. It must include –

- ensuring strict implementation of the existing legislation;

- the advocacy of a scientific , rational and humanist approach;

- simple methods of complaint registration, accessible to the poorest and most

vulnerable women;

- NGO’s should take a key role in educating the public on this matter.

(14) – In India the available legislation for prevention of sex determination

needs strict implementation, alongside the launching of programmes aimed at
altering attitudes, including those prevalent in the medical profession.

(15) - In order to ensure effective implementation of the existing laws, there

is a need for sensitization of all concerned in the criminal justice system

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The term female foeticide means killing of the female foetus in the mother’s womb.

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including judicial officers, prosecutors, medical experts, police officers.
Moreover there should be partnership with the Ngoc’s so as to ensure law
enforcement, rescue, prevention, counselling, rehabilitation, reintegration,
social empowerment etc.

(16) – The objective of the law, gets defeated due to lacunae in the law and
lack of proper implementation. Even though the law is a powerful instrument
of change yet law alone cannot root out these social problems. Law is
nothing unless close behind it stands a warm living public opinion.

(17) - In spite of having so many enactments dealing with woman and

judgments of the Hon’ble Supreme Court of India, protecting women the
downtrodden and poor conditions of women has not been improved and she
still faces all types of atrocities and legislature and judiciary somewhat fails to
provide respect to women in society. Therefore, it must be seen that the
relevant provisions of the laws and the relevant judicial responses on the
issues should be resorted to by the concerned in case of need. And the
judiciary should always play the activist role when its doors are knocked by
the victim.

(18) – There is a need for empowerment of women and strengthening of

women’s rights through campaigning against practices such as dowry, bride
burning etc.

(19) – Wide publication in the media about the seriousness of the issues
discussed in this work and about the awareness of the legislations which are
aimed at the eradication of these social evils is a great necessity as present.

(20) – As there are so many provisions under the various labour laws which
are enacted for the benefit of the Working women, thus they should be
properly implemented by the concerned.

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(21) – The basic idea behind the Domestic violence law is to fill up the gap
between laws relating to matrimony in civil and criminal laws. The criminal
provisions are too harsh and invariable resulting in the breaking of the
matrimonial relations while the laws under the civil provisions were too soft
to have any expeditious results. The object behind the law was to give an
effective protection to women in terms of residence and monetary terms. Thus
we can say that it is an Act to provide for more effective protection of the
rights of women guaranteed under the Constitution of India which are victims
of violence of any kind occurring within the family and for matters connected
therewith and incidental thereto. Therefore, it should be given importance and
resorted to in case of disputes.

(22) – The meaning and content of the fundamental rights guaranteed in the
Constitution of India are of sufficient amplitude to compass all the facets of
gender equality including prevention of sexual harassment or abuse.
Therefore, every Citizen must be prepared to accept every other citizen as a
person equal to him for enjoying the social benefits and the guarantees
provided under the Constitution of India.

It is, therefore, suggested that there is an urgent need, that the legislations
referred to in this whole piece of work should not merely remain on papers and
a mere piece of legislation; but they should be properly implemented. Above
mentioned laws and judicial pronouncements depict good intentions to eliminate
the evils and the crimes prevailing in the society, against women but still we
have not been able to strike at the root cause of the problem and there is little
progress towards resettlement and rehabilitation of the victims of these crimes.

“It is now or never, otherwise it will be too late for us, to erode the deep seated
attitudes and practices against women, and girls in our country”.