Fair Law Practitioners (FLP) carry legal and psychological expertise to address acute challenges more so before this generation and address uniqueDispute and Grievance Resolution Mechanism. A most Reliable,tried and true legal approach in issues related to Family Matters (Divorce, Annulment of Marriage, Mutual Divorce, International Divorce Matters, Maintenance Case, Domestic Violence) and extend professionally and socially tailor made legally sustainable assessment and cover.
“You can tell the condition of a nation by looking at the status of its women” – Pt. Jawaharlal Nehru
Women make almost 50% of the total population of the world. Then why this substantial section of the society needs empowerment? India is a complex country. We have, through centuries, developed various types of customs, traditions and practices. These customs and traditions, good as well as bad, have become part of our society’s collective consciousness. According to the United Nations, women’s empowerment mainly has five components: Generating women’s sense of self-worth;
Women’s right to have and to determine their choices;
Women’s right to have access to equal opportunities and all kinds of resources;
Women’s right to have the power to regulate and control their own lives, within and outside the home and Women’s ability to contribute in creating a more just social and economic order.
The Preamble to the Constitution of India assures justice, social, economic and political; equality of status and opportunity and dignity to the individual. Thus it treats both men and women equal.
Fundamental Rights: The policy of women empowerment is well entrenched in the Fundamental Rights enshrined in our Constitution:
Article 14 ensures to women the right to equality.
Article 15(1) specifically prohibits discrimination on the basis of sex.
Article 15(3) empowers the State to take affirmative actions in favour of women.
Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office. These rights being fundamental rights are justiciable in court and the Government is obliged to follow the same.
Directive Principles of State Policy: Directive principles of State Policy also contain important provisions regarding women empowerment and it is the duty of the government to apply these principles while making laws or formulating any policy. Though these are not justifiable in the Court but these are essential for governance nonetheless.
Some of them are:
Article 39 (a) provides that the State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood.
Article 39 (d) mandates equal pay for equal work for both men and women.
Article 42 provides that the State to make provision for securing just and humane conditions of work and for maternity relief. Fundamental Duties:
Fundamental duties are enshrined in Part IV-A of the Constitution and are positive duties for the people of India to follow. It also contains a duty
related to women’s right.
Article 51 (A) (e) expects from the citizens of the country to promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women.
Other Constitutional Provisions: Through 73rd and 74th Constitutional Amendment of 1993, a very important political right has been given to women which are a landmark in the direction of women empowerment in India. With this amendment women were given 33.33 percent reservation in seats at different levels of elections in local governance i.e. at Panchayat, Block and Municipality elections. It can be seen that these Constitutional provisions are very empowering for women and the State is duty bound to apply these principles in taking policy decisions as well as in enacting laws. Specific Laws for Women Empowerment in India Here is the list of some specific laws which were enacted by the Parliament in order to fulfil Constitutional obligation of women empowerment.
Path Breaking Laws:
The Equal Remuneration Act, 1976,
The Dowry Prohibition Act, 1961,
The Immoral Traffic (Prevention) Act, 1956,
The Maternity Benefit Act, 1961,
The Medical termination of Pregnancy Act, 1971,
The Commission of Sati (Prevention) Act, 1987,
The Prohibition of Child Marriage Act, 2006,
The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and
The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.
However a rationale and cultural fit assessment is required to be put forward before contentious parties as laws alone may not help if one wishes to exploit the law rather use the law. The practice of dowry abuse is rising in India however the same law has been more often than not put to misuse too. As per the latest report, 8172 dowry death cases have been registered in India in 2008. It is evident that there exist deep rooted prejudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society.
In a major step to end rampant misuse of anti dowry Harassment Law, the Govt is contemplating to make the offence compoundable. Largely the law is invoked to extract the money and create fear in the minds of husband and in laws.The law envisages that a mutually acceptable formula is the best solution and so plans to pave the way in a manner that sensitivities are maintained and scopes remain open. Apex Court has already passed order implantable all over the country in 2014 not to arrest unless it is extremely necessary that too with parameters applied and reason for arrest to be cited and justified with insertion of Section 41 A in Cr PC.
Today, we have reached a state where Justice can be dispensed and ensured irrespective of strict provisions of law in a particular Act to benefit the innocent and aggrieved.
Fair Law Practitioners (FLP) has emerged as potential dispute resolution centre in real and pragmatic sense to sanitize the negative act of environment.FLP has organized free seminars and talks to enlighten and educate different segments of society on the subject.FLP is fully sensitive and equipped to show its best hand to delicate issues related to matrimony and provisions thus related to ensure that issue meet its logical conclusion