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  • Writer's pictureShreya Sinha


By- Nidhi Chaudhari, 2nd Year Student at Symbiosis Law School, Hyderabad

It’s high time for India to realize that protection of women and children is the way to strengthen the nation in itself.

Basic Fundamental Human Rights of individuals embrace the protection of one’s respective freedoms. But, predominantly, women and children's rights are neglected in society. Apparently, the legal jurisprudence of India ensures equality and protection to all citizens, yet, a shedload of issues are faced by the women and the children in every walk of this country. The rapid growth of the country would lead to engage and posit more efforts in the elimination of such issues but it would rather prove ineffective. As the judicial system and the legal jurisprudence needs to be amended in the first place in such a way that it ensures a balance between all the rights and fundamental freedoms of a citizen. The protection of women would strengthen the nation and the protection of children would ensure rapid growth and development of the nation. Gender Inequality is one of the major issues in this country. Discrimination, inequality, violence underpins violation of human rights of women and are also denied the protection of these rights. On a global platform, the most important issue and the biggest concern is empowering the divulge of women in society.

In the present scenario, women and the youth of the country go through immense challenges and violations of their rights. Rape is one of the most controversial subjects in this current scenario. In spite of the laws that are made for the protection of women, they do face a lot of problems for it to be enforced. The practice of anti-rape laws in the Criminal Judicial System is vague. It also is known that rigid challenges are faced by the women to make sure that the accused faces prosecution. The youth face a lot of crimes such as “rape and sexual assault”. The youth is bound to explore. But there’s always fear and anxiety of rape and sexual assault. Due to this, the youth develop negativity in themselves which leads to depression, anxiety, fear to move freely, etc. Rape and sexual assault change the behaviour of the youth. These heinous crimes completely change the knowledge and outlook of one’s person.

Gender equality ensures no discrimination on the basis of sex, caste, race, and religion. But, there is always a controversy between these factors. One of the factors is religion. In order to protect the religion of a particular community, women’s intrinsic rights in India are either violated or denied to them. The judicial system in India contravene its laws and provisions and is full of inequalities, discrimination, etc. which usually conflicts with a citizen’s basic fundamental rights. In India, the rights of women are associated with their human rights. To be precise, women’s status in society is laid down by their personal laws. In India, oppression and suppression are faced by women every single day. In this, women’s personal and human rights get violated.

The Indian Judicial system was created in order to ensure and promote unity and universal brotherhood in the country. It was created to promote integrity and to secure the preamble of the Indian Constitution. Gender discrimination is common in India. The judicial system needs to be secular and in favour of gender equality. Discrimination on the basis of caste is one of the conventional aspects among the youth of the nation. Every citizen of India is defined by their own respective caste. Inequality between the caste system escort towards the inability to education and employment. The caste system directs towards the exploitation of the youth in the form of violation of their rights, violence, assault, denial of education, and child labour. The computation of a child’s maturity, physical and mental capacity is strenuous. Women and Children in India are denied to make any decisions. There’s always parley of universal brotherhood, but no one in such a country talks much about universal sisterhood. The battle of the sustainability of women and children's human rights is fragile.

Women and the youth in India delineate the most number of assault cases. Sexual violence and assault are being enacted upon women and children in every corner of the country. The judicial system fails to provide protection and safety to women and children's rights. It is spooky to realize that women and children are being manhandled in our nation and its considerably additionally startling on the grounds that it occurs inside the shut dividers of private homes, aside from schools, railroad stages, prisons, and so forth. It could be physical, mental, sexual maltreatment, or torment by carelessness. Carelessness happens when the parent neglects to take into account the child's turn of events, with respect to his/her wellbeing, instruction, sustenance, cover, and enthusiastic turn of events. Sexual maltreatment is covered peacefully and individuals think it is fit to accept that India has no occasions of youngster misuse.

It is significant for the Indian culture to know and recognize the barbarity of women and child misuse and demand for settled laws so as to shield the privileges of the women and children. Sexual maltreatment is an all inescapable general medical issue that influences every one of us legitimately or by implication. Child sexual maltreatment can cause some short-and long haul battles for casualties, guilty parties, families, networks, and bigger social frameworks. Youngster sexual maltreatment is wrongdoing that is sustained peacefully and mystery. The casualties are commonly considered as simple sources or observers in criminal preliminaries, helping the state in its undertaking to rebuff guilty parties, and are currently turning into the central purposes of the criminal judicial system. The criminal justice system is essentially intended to redress the exploitation of these casualties and to address the issues faced by women and children of the nation.

In India, women, on one hand, are venerated as the goddesses and considered as images of vitality and soul of the universe, however then again countless Women are abused socially, financially, and explicitly in view of the universal conventions, customary culture, strange notions, legends, and convictions. Balance under the steady gaze of the law also, equivalent assurance of law among males and females is the protected assurance on the quality of which a few the lawful arrangements are available in the Indian Penal Code (IPC). Some uncommon enactment, have likewise been authorized every once in a while for the avoidance and control of sexual abuse of women in this country.

Forestalling child abuse and assault isn't just an issue of guardians making a superior showing, but instead, it is tied in with making a setting in which "improving" is simpler. Edified open approach and the replication of top-notch freely upheld mediations are just a piece of what is expected to effectively combat child negligence. It stays critical to remind the open that youth negligence and disregard are serious threats to a child's sound turn of events and that obvious brutality toward children and a steady absence of thoughtfulness regarding their consideration and oversight are unsuitable. People can acknowledge moral obligation regarding decreasing demonstrations of youth negligence, rights and assault by offering help to one another and offering security to all children inside their family and their locale.


(Disclaimer- The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of Child Rights Centre.)

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