By taking birth as a women is a great fortune because not only she can be working lady but also a homemaker and spread happiness all over world through great values .The equality which is given to both men and women eliminates all kind of discrimination against women which is the fundamental right of women to be treated equally.  Women around the world faces lots of discrimination throughout the world,  to get their equal rights they have to struggle a lot and faces lots of discrimination . Attaining equality between men and women is a huge thing till date in many part of the world but still the fight is on and the achievement is no less.

United Nation have played a very important role for the progress of women’s human right and they have played a very important role and brought many important laws . Some groups of women face additional forms of discrimination based on their age, ethnicity, nationality, religion, health status, marital status, education, disability and socioeconomic status, among other grounds.

The journey of womens human right is not from today itself but from right from before world wars where women were treated not at all equally and not given same treatment like men . Womens Human Right is still now a great issue throughout the world and still a major issue where many things are still now yet to be included. The Discrimination against women is a factor that should be taken seriously in every part of the world and laws should be bring for it to protect the rights of the women.

United Nation had given numbers of laws so that the protection of women is not at all neglected. In every society not only society in every family woman should be given equality because without women a society or a family is totally incomplete, Since the founding of United Nation the equality between men and women is a fundamental topic in which discussions takes place often. The Charter of United Nation is drafted in a way and amendments takes place as such to give full protection to women and give them right to live free.

Protection Of Women Given By United Nation

United Nation have always played a very important role till date to provide equality between men and women till date .Came into exist on  1945, the Charter of the United Nations tells one of its goals “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person,  in the equal rights of men and women.  Article 1 of the Charter tells that one of the main  purposes of the United Nations is to advanced  respect for human rights

and fundamental freedoms “without distinction as to race, sex, language or religion”.[1] This Assembly) and 55 (promotion of universal human rights). In 1948, the Universal Declaration of Human Rights took place . It, also guarantee the equal entitlements of women and men to the rights which are in it , “without any discrimination  of any kind, such as sex.  In drafting the Declaration, there also took a discussion regarding of the term ‘all men’ rather than gender neutral term.

The Declaration was eventually adopted using the terms “all human beings” and “everyone” in order to leave no doubt that the Universal Declaration was intended for everyone, men and women alike.  United Nation have played a very important role to maintain the equality between men and women. International Law had played a very important role for the concept of Gender Equality.

Global Statements

Women’s topic and equal protection for them is always a major issue which had been discussed mainly in all international conferences. In the year 1975, which was called as International Women’s Year, in which year Mexico City hosted the World Conference on the International Women’s Year, which resulted in the World Plan of Action and the designation of 1975–1985 as the United Nations Decade for Women. Globally the laws for women’s are till now a very important topic and discussed all over the world for the right and protection of the women so that they don’t face any kind of discrimination. [2]

Vienna Declaration

In the year 1993 the world conference on Vienna was held .The main matter which were discussed in the conference were basically on the Human Rights and the Women activists fully ensured that the Women Human Rights Topic was on full commitment and on rallying which was stating “WOMENS RIGHTS ARE HUMAN RIGHTS”. The Conference was successful as it discussed many important issues regarding womens right and the many tribunals also built up for the benefit of the women so that they don’t face any kind of discrimination and programme action were also taken place for the same .

International Conference On Population And Development

 The International Conference which was held on 1994 was a major conference which had deal with many important issues regarding human rights and women rights. The conference had also made it clear that it not deal with demographic but also deal about people . The issues which were taken in consideration are mainly about women health , family programme , gender equality and many more issues which were taken in consideration and discussed in priority basic .The conference was also about stating the highest standard of setting healthy life and all the womens have equal dignity and proper way to live a lifestyle,.

Beijing Declaration

Feminism In India

In the time period of the Fourth World Conference on Women in September 1995, the Beijing Declaration mainly  focused on 12 areas concerning the womens human rights and set up a agenda for the womens human right and so that no kind of discrimination is faced against them.

Beijing Declaration on 1994 was a very successful declaration regarding the issues which were discussed in the conference and the rules in it are till now taken in consideration . The rules of the conference are very acknowledgeable and till date it is being followed .

Feminism In India

The history of feminism in India is mainly  divided into three phases:

• The first phase, beginning in the mid-19th century, this phase started mainly when reformists started  to speak in favour of women rights by making various reforms in education, customs involving women.
• The second phase begins in 1915 for mainly Indian Independence, when Gandhi incorporated women's movements into the Quit India movement and women became independent
• The third phase, post-independence, which has focused on equal treatment of women in home after marriage and demand equal representation in the political party .

We can see that from Pre Independence itself women had started understanding that they have to come out from their household works and do something for their living and better development for them in the future . Feminism basically means that when the women fight for their equal right in political , economical and social sector and demand equality in each and every sector. With the growth of Feminism many movements started in not only India but we can say that all over world itself .

India And Women Human Rights

Vishaka and Ors. v State of Rajasthan

If we talk about India right from history itself women had been oppressed in every part of the society and right from the culture itself have indicates the oppression towards women . Issues like Honour killing , Dowry Death and many other issues in Domestic Violence are till now exist in a large number in many part of the India till now. The Cultural Diversity for which India is known for worldwide is the main reasons for the crime which takes place against because of the customary laws of different cultures.  But with the time itself many things are changing for its good and many laws which will protect women from any kind of mis happenings are been taken in consideration and came to action for the protection .Following the Justice Verma Committee recommendations (established by the Indian government to review the capacity of India’s institutions to deal with crimes against women), the Indian parliament passed the Criminal Law Bill, which aims to strengthen India’s laws which will protect the women from any kind of discrimination and domestic violence or criminal happenings .

Women from time to time have prove that the time is changing and they stood up for their rights in many circumstances and for that many landmark judgements have been passed and parliament also was very supportive  in many circumstances which had passed many bills for the favour of the women and their rights . Many bills and landmark judgement have been passed have been passed for the favour of women to state the security that they don’t face any kind of discrimination as such .

Vishaka and Ors. v State of Rajasthan[3]
 In the following case Bhanwari Devi a social worker in Rajasthan was brutally gangraped for stopping a child marriage in Rajasthan.

In this case the Hon’ble Supreme Court of India have led several guidelines regarding the sexual harassment in workplace which is binding on each and every court and every citizen of India should follow it and abide by it .

Shayara Bano Vs Union Of India

In was the landmark case for the Islamic religion which had criminalized a Muslim Customary law which had been being in practice for years and years . In this case with a majority of 3:2 a landmark judgement have been passed by Hon’ble Supreme Court of India which had unconstitutional  the practice of triple talaq instantaneous.

Mary Roy Vs State Of Kerala

Womens from the Syrian Christian Community are being prevented from inheriting their fathers property due to the patriarchal society and the same was challenged by Mary Roy a women activist . In 1986 the Supreme Court of India have delivered a landmark judgement in which the Hon’ble court have allow the Syrian Community of Christian to inherit the property.

Roxann Sharma Vs Arun Sharma

In this case the Hon’ble Supreme Court stated  that when estranged parents being involved in a legal battle for  the custody of a child who is under the age of five years, the custody of the child will remain with the mother.

This case have shown that how important mother is for her children and without mother a Children will be difficult to be raised in their childhood days.

Laxmi Vs Union Of India

In this case the victim Laxmi was a acid attack victim who filed petition regarding to bring some rules and regulations regarding the sale of acid and to provide adequate compensation to the victim . Taking matter seriously and by seeing the number of acid victims increasing daily the Hon’ble Supreme Court of India have imposed strictness on the sale of Acid in the year 2013. This was one of the landmark Judgement which was delivered for the safety of the women and to decrease the acid attack which were taking place that time rapidly .

This are some of the landmark cases which had prove that judiciary have always shown faith for the womens right and delivered landmark judgement regarding the safeguards of women and for the benefit of for them . As time is moving many important guidelines are also coming from time to time for women human rights and the change in society. In many cases it have been also being proven that Justice is Delayed but never denied.

National Policy For The Empowerment Of Women 2001

The principle of gender equality is itself clearly stated  in the Indian Constitution in its Preamble which should be followed by every citizen of India , Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution gives equality to women , but it  gives power to  the State to draft policies and measures of positive discrimination in favour of women.

In the democratic country like India our country have within stays in its limit have granted equal power and policies for women so that they don’t face any kind of discrimination . From right itself 5^th Year Plan 1974 -78 we can see that the concern for the women development had started and issues were also taken place in the 5^th Year plan .In the current days and recent years the empowerment of women is considered as a Central issue and given utmost important . The National Commission for Women was set up by an Act of Parliament in 1990 to safeguard the rights and legal entitlements of women. The 73rd and 74th Amendments (1993) to the Constitution of India have provided for reservation of seats in the local bodies of Panchayats and Municipalities for women, laying a strong foundation for their participation in decision making at the local levels.

We can say that the main objective and main goal of this policy is the advancement , development and empowerment for women . The equal and active participation of women in every aspect of society. The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil. We all know that everything takes time , the representation of women in politics have increased a lot from before and slowly it will be increasing more .

With this we can see that not only Judiciary but also Parliament is playing a very active role for the betterment of women and for their development so that they no longer have to fight for they deserve, Country like India is also known as Mother India because the citizens of India believes in many Goddess like Parvati , Saraswati and many more .

Constitutional Rights Avaiable To Women In India

There Are Many Constitutional Rights Which Are Given To Women For Their Betterment And Development:

• Article 14:

  Right to equality and equal protection before law which is given by Constitution for every citizen India and which is the major Article for the Equality.

• Article 15:

  Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. However art 15(3) empowers state to make any special provision for women and children. This Article clearly had stated that there will be no discrimination in the name of gender and it had also empower state to make special provision for women and  children .

• Article 16:

  Equality of opportunity in matters of public employment or opportunity to any office under state and prohibits discrimination on ground of sex, There will be no discrimination in the in the matter of employment or public employment in the name of Gender .

• Article 21:

  Protection of life and personal liberty. Every citizen of country including women have equal protection from state of life and liberty.

• Article 300a:

  According to this provision of Indian Constitution every women have right to property and equal share in property.

• Political Rights:

  Women reservation in the  panchayats under Art 15 of the Constitution have allowed special  provision for women for make their welfare in the society ,
• Under Indian Constitution it have empower women and children to get free legal aid as well.

With this provision we can see that the Indian Constitution and Constituent Assembly before drafting the Constitution have thought that in future Women should be given higher respect and drafted the Constitution. As the time changes and days goes on , seeing the different circumstances amendments tooks place and different laws comes in .

Conclusion And Suggestion
Women’s rights are the rights from which the women can get the all the rights which they are eligible for and which are better for their development. The Indian Constitution and Judiciary of India have always showed positive side towards for the benefit for the women in the society and have from time to time passed landmark judgements and passed as many biils for the protection of the women and children as much as possible. Women have fought from ages till date they are fighting for getting the rights which they deserve and for the betterment of them.

The research paper had tried to show as much as possible the journey of women’s human rights Pre Independence till date .

End-Notes:

1.  https://www.unwomen.org/ https://www.unwomen.org/en?gclid=CjwKCAjw7vuUBhBUEiwAEdu2pBDiRu_L8TlDLIqCG76TToJZ_c-HbsL3TVVDgqqDqsNIDQEreGw4ORoCH9gQAvD_BwE
2. https://systemdynamics.org/ https://systemdynamics.org/conference?gclid=CjwKCAjw7vuUBhBUEiwAEdu2pBCz3HC37z-K3Seoh55ci1cfPJBJ10GVumwxG6xBnOE0568YH_hsJhoCHfcQAvD_BwE (last visited 7^th June 2022)
3. Vishaka and ors v. State of Rajasthan AIR 1997 SC 3011
4. Shayara Bano v. Union of India 2017  9 SCC 1
5. Mary Roy vs State of Kerala, 1986 AIR 1011 , 1986 SCR (1) 371
6. Laxmi vs Union of India , 2014 4 SCC 427