| Personal Status Laws Article
2 CEDAW: States Parties . . .undertake to establish the legal protection of the
rights of women on an equal basis with men . . .Article 16 CEDAW: States Parties shall take all appropriate measures
to eliminate discrimination against women in all matters relating to marriage and in
particular shall ensure, on a basis of equality of men and women: a. the same right to
enter into marriage; b. the same right freely to choose a spouse and to enter into
marriage only with their free and full consent; c. the same rights and responsibilities
during marriage and its dissolution. . . . Personal status laws of different religious
communities discriminate against women. under the Indian Divorce Act of 1869, a Christian
woman may demand divorce only in the case of spousal abuse and certain categories of
adultery, while for a man adultery alone is sufficient. Under Islamic law, a Muslim
husband may divorce his wife spontaneously and unilaterally; there is no such provision
for women. Islamic law also allows a man to have up to four wives, but explicitly
prohibits a woman to marry more than once.
Dowry Deaths Article 5 CEDAW:
States Parties shall take all appropriate measures . . . to modify the social and cultural
patterns of conduct of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and
women.
According to Government figures there
were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the
existence of rigorous laws to prevent dowry-deaths under a 1986 amendment to the Indian
Penal Code (IPC), convictions are rare, and judges (usually men) are often uninterested
and susceptible to bribery. Recent newspaper reports have focused on the alarming rate of
deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal
Pradesh
In Orissa, dowry-related deaths have
increased 11 times during the past 10 years. The state recorded 232 such deaths in 1993,
with the total number of dowry-deaths reported between 1990-1994 coming to 745.
Female Infanticide/Son Preference
According to a recent report by the
United Nations Children's Fund (UNICEF) up to 50 million girls and women are missing from
India' s population as a result of systematic gender discrimination. In most countries in
the world, there are approximately 105 female births for every 100 males. In India, there
are less than 93 women for every 100 men in the population. The accepted reason for such a
disparity is the practice of female infanticide, prompted by the existence of a dowry
system which requires the family to pay out a great deal of money when a female child is
married. For a poor family, the birth of a girl child can signal the beginning of
financial ruin and extreme hardship. However this anti-female bias is by no means limited
to poor families. Much of the discrimination is to do with cultural beliefs and social
norms. These norms themselves must be challenged if this practice is to stop.
Previous
next |