Rasleen Kour
Is a safe and a promising world a possibility for women in India ? I have no uncertainties as to the answer of the question i have put up for all of us as we all are pretty much familiar with the state of affairs in India when it comes to the subject of safety of women in the country.
Three shocking and barbaric cases have surfaced in our country where women, who were in live-in relationships, were brutally murdered and then later discarded in different ways. However, one query is reasonable to be coming in our minds after learning these cases, why unfortunate incidents like these have happened in the first place? Yet more questions pour in, are live-in relationships to be blamed for this or are they not to be ? Has time really come that we as families and as a society teach our boys some crucial moral values from their early age onwards that could probably ensure a safe and dignified environment for girls ? Does India as a conservative country accepts such relationships and what the law of the country holds for the same ? These questions are not only questions but they hold a potential to bring a transforming revolution in the country in area of women safety as well as alleviating the status of women if looked upon with an intention to actually set the path clear for change.
We must understand that women, just like their male counterparts, have and are entitled to enjoy every single right that is bestowed on an independent human being, be it a fundamental right or a human right, and this urgently needs to be addressed. I am strongly emphasising on this aspect for the reason that taking into account the recent bone chilling murders of women in India living in live-in relationships are unfortuantely hinting at the opposite. The liberties of and respect for women as dignified individuals, in these cases, have been ripped apart by the perpertrators.
There seems to be no trace of deterrence in the minds of the criminals while they indulge in such crimes even after having so many laws and penal sanctions in place for such offences. From life imprisonment to capital punishment, these sanctions should be creating a sense of acknowledgment in the minds of the wrongdoers that their actus reus (wrongful acts) will not go unnoticed and the same will entail criminal liability to them for their criminal actions. However, sadly, this currently seems to be not the scenario in our country. In addition to this, I believe we also need to educate and infiltrate a sense of equality and honour and start teaching basic ‘human rights’ to our young generation, especially boys, so that when they grow old they are accompanied with the most fundamental and essential aspects of reverence being given to a human life and dignity, especially when it comes to women and girls, which needs protection and be treated equally.
Since the validity and morality of live-in relationships as an institution in itself is now being debated in the country, it also needs to be touched upon in this discussion. A live-in relationship exists where two consenting adult persons of lawful age and of sound mind mutually decide to live together without or before they tie a knot. Because this concept of live -in relationship is a foreign one and not a traditional one therefore Indian culture, customs and Indian society itself does not praise this practice. However, if we begin to see the perspective of this matter from a legal point of view, it will help bringing some life to such relationship as Article 21 of the Constitution of India which guarantees ‘Right to life and personal liberty’ protects the constitutional rights of the two consenting partners intending to enter a live-in relationship, especially of a woman who, as the law recognises, has a right to make independent choices for herself. Moreover, the hon’ble Supreme Court of India has also given important judgements in this regard thus upholding the validity of this institution. Some of the relevant case laws in this respect are Badri Prasad v. Dy. Director of Consolidation (1978); Lata Singh v. State of U.P (2006); S. Khushboo v. Kanniammal & Anr (2010), in these cases the court has clearly held that being in a live-in relation is not an offence as long as certain requirements such as that of legal age, consent, soundness of mind of both the partners are fulfilled.
Now that we know that live-in relationship has been given a nod by the law of the land so whatever hesitation is prevalent around this institution is a moral and societal one. Because when an individual, especially a woman, decides to enter into a live-in relationship with the other the society in a way becomes inclined towards cutting ties with that individual as his or her actions are not considered moral. And that is exactly where the severance of social ties and connections with such individual begins to take place and this further can probably lead to isolation and can probably lead up to unfortunate incidents like those that have happened. Therefore, as per my understanding, it becomes essential for the society and families as well to recognise these situations and to refrain from severing connections with their loved ones even when the latter break the moral code.
Finally, we should understand that both men and women are created equally by nature and are bestowed with equal rights and liberties. The law of the land also guarantees the same and creates no differences. Both the genders have equal potential and abilities and this needs to be accepted and respected by us. And when it comes to women, she deserves equal rights and opportunities in every sphere of her life and most importantly needs to be respected. In addition to this, i believe we also need to educate and infiltrate a sense of equality and honor and start teaching basic ‘human rights’ to our young generation, especially boys, so that when they grow old they are accompanied with the most fundamental and essential aspects of reverence being given to a human life and dignity, especially when it comes to women and girls, which needs protection and be treated equally.
And in order that a safe and just environment be created for a girl and a woman to grow and lead a normal life all the above factors play an important role in ensuring the same. And it is only when we consider and implement these factors into our lives that we surely can build a safe and a promising possibility for women in India.
(The author is an advocate)
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