Of Laws and Lawmakers

The Government of India woke up to the fact that the Development of Women and Children is important enough to be granted a Ministry of its own, only in 2006. Before that this onerous responsibility was carried out by a Department , which did not exist before 1985. No better source than the horse's mouth. [ Personally I think it was more about granting a ministerial berth to Ms Renuka Chaudhary and appease coalition partners than any real concern for women and their developement, but then I am overtly cynical]

You know in a democracy, we have a right to know what our law makers are doing- that is what makes a democracy important. SO it is a good idea to see what it is that they are doing.
From the same source:
"For the holistic development of the child, the Ministry has been implementing the world's largest and most unique and outreach programme of Integrated Child Development Services (ICDS) providing a package of services comprising supplementary nutrition, immunization, health check up and referral services, pre-school non-formal education. Ministry is also implementing Swayamsidha which is an integrated scheme for empowerment of women. There is effective coordination and monitoring of various sectoral programmes. Most of the programmes of the Ministry are run through non-governmental organisations. Efforts are made to have more effective involvement of NGOs. The major policy initiatives undertaken by the Ministry in the recent past include universalisation of ICDS and Kishori Shakti Yojana, launching a nutrition programme for adolescent girls, establishment of the Commission for protection of Child Rights and enactment of Protection of Women from Domestic Violence Act. "

All very commendable and empowering initiatives. A little further down the page is a list of the laws the Implementation of which the Ministry looks after:

• Immoral Traffic in Women and Girl Act. 1956 (as amended upto 1986) .- yet to be introduced in the Lok Sabha.
  
• The Indecent Representation of Women (Prevention) Act, 1986 (60 of 1986).- to prohibit the indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.[ Used usually to intimidate harmless dating couples, or to extract money "hafta" from prostitutes]
  
• The Dowry Prohibition Act. 1961 (28 of 1961)- which as the Supreme COurt ruled earlier this year, does NOT cover CUSTOMARY gifts given by the woman's family to her husband at events like childbirth[what are they trying to prohibit?]
• The Commission of Sati (Prevention) Act, 1987 (3 of 1988), excluding the administration of criminal justice in regard to offences under these Acts.- preventing the commiting of Sati and the glorification thereof( The place where Roop Kanwar was "immportalized" is a pilgrimage. Also her family was acquitted. Yes she "wanted to burn herself up at the age of 18)

• Women’s Empowerment and Gender Equity- I cannot find any link to any act here.

• The Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).-to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection

• The Child Marriage – Restraint Act, 1929 (19 of 1929).(where "Child" means a person who, if a male, has not completed twenty one year of age, and if a female, has not completed eighteen years of age) preventing the solemnization of child marriage

• Among many many many other intiatives.

I think it is commendable that the government is trying to do something. My problem is
a) it is not adequate
b) it is too vast an agenda for any one Ministry to undertake alone
c) it does not at all appear "serious" enough.

Enough government-bashing. A country, a people get the leaders they deserve. SO where does that leave us? We need to understand what the law is about, what it allows, what it does not allow. We need to remember that the Preamble to our constitution tells us:

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;"

while not being enforceable by the law( the preamble is NOT a part of the Constitution) can be used to interpret the law, where there is ambiguity in the law as this case proved.

So ALL citizens of India, irrespective of gender deserve equality. That and that alone should help us demand our rights for equality and equal opportunity.

Meanwhile I will try to understand more about the Ministry of Women and Child Development.

And this looks like quite a positive impact of the rule of law. A Man was sentenced to two years in jail for driving his wife to suicide following taunts over her "dark" complexion".

The Supreme Court rejevcted the plea that the wife was depressed.

Clearly if the right laws are made and implemented, they will result in a fairness to all concerned.

Now for those anti-female-foeticide laws.