Implications of inequality, discrimination and violence on women’s enjoyment of their human rights

The protection of human rights has advanced significantly since India achieved independence. The adoption of the first democratic Constitution in 1949 marked progress towards developing a normative framework conducive to the protection of women’s human rights. For the first time, the Constitution recognized freedoms and rights of women, strengthened the principle of equality between men and women and afforded legal protection to all, without discrimination on the basis of sex, among other criteria. It also allowed for affirmative action measures for women.

India has ratified numerous international human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

At the national level, laws and policies have been put in place to prevent and respond to violence against women. These include the Penal Code, the Criminal Law
The new sections 370 and 370A of the Penal Code (2013).
Trafficking is introduced under section 370, which establishes stringent prison terms of 7 to 10 years for anyone who “for the purpose of exploitation (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons”.

Despite those positive developments, effective implementation of those laws and the allocation of financial resources to support their execution adequately is reportedly lacking in many instances.