Plot No, OCF, Sector A-&, Narela, New Delhi - 110040 (Afftiated co Gure Gobind Singh Inéraprastaa University and Approved by Gort of NCT of Delhi & Bar Council oftadia) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law FACULTY NAME: Ms. Anubha Jain (Assistant Professor)What is Social Construction * Social construction is a social process in which both individual and other social processes are intrinsically related. Every construction or image of the world is influenced by the individual's experience of the society and his/her interaction with various social processes, + Therefore, many often it is argued that the social construction itself carries subjective biases as it is shaped by individual experience. * Social construction is also influenced and dominated by the interests of a particular group or class of people. Ak, Navel, (Attmated oe Gorn Gobind Such tntcenrenbs Uanerary ana Arpreved by GavtoeNCT ot Duh Bar Coanelt ot inie) {Dp eeeRyeeaes Jain m Conese cerns: SaaS = School of Law BBCP] a conte rr ts* Sex- biological category * Gender-Sociological category + Gender is a social construct that is determined by culture and society and defines man-woman relationship that is changeable. Chanderprabhu Jain College of Higher Studies & School of Law BECP] wag te eneite oe riien esi oracles FE eee ne ee acesSex and Gender Sex; * Sex refers to the biological characteristics with which we are born. * Ina very broad way “sex” refers to the biological and physiological differences between male and female sex. Gender: * Gender is a analytical category that is socially constructed to differentiate the biological difference between men and women. + The term gender is also used to describe the differences in behavior between men and women, which are described as masculine and feminine. {py Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Ka Fate Cami at meh ineaies a S (CAttmated ve Gare Gobind Singh Indrapromba Untveruty and Agprevad by Govt of NCT of Duihd & Bar Council of india)The emergence of gender issues * Gender has been a central ‘issue’ in India since the colonial period. An overwhelming woman's question arose from the 19th century social reform movement, crucially informed and remains a point of crisis in India’ s cultural, social, and political space, + The recognition of gender as an issue forms the basis for India's women’s movement. * One important gender concern was a status that is, the rewards and benefits to women on India’ s journey to self determination, statehood, democracy, progress, modernity, and development. BBCP] Csmaetorae aes J a mcouess cn: Stan = School of LawManifestation of gender differences can be found in Construction of: + Roles-What women and Men do + Relations- How women and men relate to cach other + Identity-how women and men perceive themselves ~p]) Chanderprabhu Jain College of Higher Studies & School of Law BBCP] bee terete gettin eg ee errsIdeology of Gender * Contains norms and rules regarding appropriate behavior + Determines attributes + Reproduces range of beliefs and customs to support these norms and social rules + Norms and rules determine material reality of relative access of men and women to and claims over different resources. E.g. food, health, education, property, job, opportunities & entitlements, so on & so forth Ak, Navel, (Attmated ve Gorn Getied Snoh inacnnreniba Uuerary ana Aeprsved Sy GatotNCTot De & Bar Come BBCP] serene sae a Comer een es: Sao = School of Law OCF, Sector:Gender and Socializa + Socialization is the process, through which the child becomes an individual respecting his or her environment, laws, norms and customs. * Gender socialization as the learning of behavior and attitudes considered appropriate for a given sex. * The Gender Socialization process occurs in multiple social institutions, including the family, religious and educational institutions, mass media and peer networks. + Gender socialization is a more focused form of socialization, it is how children of different sexes are socialized into their gender roles and taught what it means to be male or female. p) Chanderprabhu Jain College of Higher Studies & School of Law BBCI ee oes oe ee SE oesceigns ‘Agprovad by Gort at NCT of Duihé & Rar Cownei of India)Agents of gender socialization Family * The family is considered as the institution that has the greatest impact on gender socialization. The parents usually hold a number of gender stereotypes, which are ideas about how a girl and a boy should ideally act and think. + The choice of toys for the children seem to an image of what is expected of them in their future. + Talking and communication pattern. * Sitting expectations. * Providing opportunities. {py Chanderprabhu Jain College of Higher Studies & School of Law BBCP) ea Tans erate ap Teg eens (Attmated ve Gare Gobind Singh Indrapromba Unveruty and Agprevad by Govt of NCT of Duihd & Bar Council of india)Schools + The next environment that children are entering is the school, where a conscious socialization is happening. Schools are major contexts for gender socialization. + In elementary and middle school, boys usually get more time to talk, are called on more often, and receive more positive feedback. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-&, Narela, New Delhi ~ 110040Theoretical Approaches to Gender Socialization + Several theories that attempt to explain gender socialization — social learning theory, and gender schema theory, Such theorists understand the processes by which children learn gender appropriate behavior in the same way children learn in general. * Other theories focus on gender and sexuality exclusively. Psychoanalytic theory, for example, emphasizes the unconscious processes involved in developing gender identity, + Stockard (1999) suggests that all three theories help explain the process of gender socialization. ~p]) Chanderprabhu Jain College of Higher Studies & School of Law BBCP] soe pep ett 2 pein igs ee (CT of Dein & Mar Council ftndia)Social Learning Theory : * This theory suggests that learning occurs through reinforcement or imitation and modeling. * People learn attitudes, beliefs, and behaviors through social interaction. Psychoanalytic theory : + Itisn’ta learning theory, it suggests that some aspects of gender identity result from unconscious psychological processes, rather than more conscious processes. Cognitive Development theory : * Cognitive theories of gender socialization offer a different perspective, emphasizing the developmental nature of the socialization process, as well as the active role the child plays in the construction of his or her gender identity. Gender schema theory: * Gender schema theory suggests people have mental organization systems (schemas) to help them identify as male or female. BECP’ Chanderprabhu Jain College of Higher Studies & School of Law 2a} cantintedsn Core Sishind SetSocial Constructionist Approach + A social construct is something that does not exist independently in natural world but is instead an invention of society * Cultural practices and norms give rise to the existence of social constructs and govern the practices ,customs, and rules governing the way we use/view/understand them. * In other words, we all act as if they exist, and because of our inter subjective agreement, they do. Ak, Navel, (Attmated ve Gorn Getin Sach tnseenrenibs Uanerary ane Aepreved by GavtotNCTet Du & Bar Come BBCP] Sieseryeanees car = Conese ene: Sao = School of Law OCF, SectorTo conclude, gender and gender roles are neither only innate nor only socially constructed. The notions “gender” is both biological and cultural, so gender roles are resulted from both of the two factors. People’s daily life family life, parental guidance, parental selection of toys and clothes, role modeling creates a constructed perception of gender. However, culture and society are not the only; people’s biology, genes, hormones, brain and the way their brain functions have a huge influence on people’s gender as well as their sex. To understand the secrets of gender and gender roles attached to both men and women, it is necessary to focus on both biological and social factors. We cannot understand one without understanding the other. Gender and gender roles are socially constructed as well as they are innate. p] Chanderprabhu Jain College of Higher Studies & School of Law (atmmated se Gurnfeehind Newt instentanen Doreoury see Awe hy Genta T ot es & Br CoeProduction of Masculinity and femininity + The conceptions of masculinity and femininity emerge from broader ways of thinking about gender. From, the very beginning of his/her identity formation, an individual has to be involved in the polyphonic discourse of the society where he/ she is compelled to accept or discard some elements \p) Chanderprabhu Jain College of Higher Studies & School of Law BBCP) ea Ta oe ate Tee ese (CAttmated ve Gar Gobind Singh Indrapramna Untveruty and Agprevad by Govt of NCT of Duihd & Bar Council of India)Social construction of masculinity * Masculinity consists of those behaviors, languages and practices, existing in specific cultural and organizational locations, which are commonly associated with males and thus culturally defined as not feminine. + As socially constructed identities, boys and men learn “appropriate” gender roles in accordance to the masculine expectations of their given society. + Another way to explain masculine is construction through what is known as the Inside the box is a list of socially valued roles and expectations that constitute conventional masculinity. + All men are influenced by their upbringing, experience, and social environment which play a big role in determining one’s view of masculinity and manhood ~p) Chanderprabhu Jain College of Higher Studies & School of Law BBCP] as ese Ss (CAttuinted ve Gare Gobind SinzhSocial construction of femininity Simone de Beauvoir's quote, one is not born a woman,but becomes one is applicable here. The notion of womanhood or femininity is accomplished through an active process of creating gender through interacting with others in a particular social context. given a choice to decide their own identity through toys, dresses etc. build character and expectations. Based on the characteristics of physical, emotional ete which are particularly appropriate with femininity.GBcP) Femininity and masculinity are behavioural construct which are powerful regulators of human socio-cultural affairs. Femininity is the abstract quality of being feminine and masculinity is the abstract quality of being masculine. In the frenetic search for masculinity and femininity in our society, both sexes project some qualities that they admire and desire on the opposite sex. In denying themselves the qualities which are said to belong to the opposite sex, people glorify these qualities in the opposite sex out of proportion, For example, it is observed that men deny themselves sensitivity and gentleness in certain occasions, but desire these qualities in their women. Similarly women are fond of assertive and authoritative behaviour and demand these qualities of their men. If the partners can conform to these stereotypes, then it is a good thing. But if they cannot sustain these ideals, then there will be conflict, confusions and disappointment. Chanderprabhu Jain College of Higher Studies & School of Law (attante so Garm ehind Se* The socialization of woman performs her an individual with certain apparently inherent qualities such as weakness, fickle-mindedness, patience etc. All these help the patriarchal males to argue that women need to confined to the home and be protected and controlled. "Her sexuality and desires are made and treated as subservient to that of the male's. + Thus the feminists suggest that inequality of sexes does not have a biological basis of origin, it originates in the cultural constructions of gender differences. Gendering is a practice of power, where masculinity is always associated with authority" BBCP] ‘Chanderprabhu Jain College of Higher Studies & School of Law 2a} canmintetsn Core Seshind Se = ‘Rowroved wy GevtatNCTot uh & Mar Count aftnais)Chanderprabhu Jain College of Higher Studies & School of Law cr) Plot No. OCF, Sector A-8, Narela, New Delhi - 110040Power and subordination * The widely accepted definition of power is getting someone else to do what you want them to do. * Gender shapes power, from the ‘private’ relationships of the household to the highest levels of political decision-making, + Gender divides power. Inequalities between men and women are one of the most persistent patterns in the distribution of power, For example, women's lack of influence marks political decision-making the world over. + Women, particularly in their socially assigned roles of wife and mother, may more often understand themselves as being in continuity with the people around them rather than in opposition, They often aim to build capacity in others rather than to dominate. \p] Chanderprabhu Jain College of Higher Studies & Schoo! of Law BBCP] a ete aa a aah a tab nema te Gare Gobind Singh Insrapenwina Univeruty and Auprevad by GoetaCNCT of Daiht Bar Council of India)* Often what it means to be a woman is to be powerless (quiet, obedient, accommodating). A real man, by contrast, is powerful (outspoken, in control, able to impose his will), particularly in relation to women. These gender roles tend to perpetuate the power inequalities that they are based on. For example, the fact that many men and women think it’s not natural for women to speak up in public often poses a key barrier to women’s access to decision-making. * Gender shapes institutions and how they affect the distribution of power. Most political and economic institutions, historically dominated by men, are tailored to (elite) men’s experience, They idealise masculine forms of behavior and rely on men’s power over women. Therefore these institutions tend to lock in two types of power - men’s power over women, and the power of the most masculine men over everyone. * So gender and power are intrinsically linked BECP’ Chanderprabhu Jain College of Higher Studies & School of Law + Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 =H (Attitated se Gare Gobind Sine sprwsen University 2 ‘Agprovad by Govt at NCT of Deihé & Rar Cowncil of India)Patriarchy and Women’s Subordination * Patriarchy is the prime obstacle to women’s advancement and development. Despite differences in levels of domination the broad principles remain the same, i.e. men are in control. The nature of this control may differ. So it is necessary to understand the system, which keeps women dominated and subordinate, + In the modem world where women go ahead by their merit, patriarchy there creates obstacles for women to go forward in society. Because patriarchal institutions and social relations are responsible for the inferior or secondary status of women. Patriarchal society gives absolute priority to men and to some extent limits women’s human rights also. Ak, Navel, (Attmated oe Gorn Gobind Such tntcentenbs Uunerary ana Arpreved by GovtetNCTet De & Bar Come {Dp eeenyeenees Jain m Conese cerns: SaaS = School of Law BBCP] a conte are eas* The word patriarchy literally means the rule of the father or the patriarch and originally it was used to describe a specific type of ‘male-dominated family’ — the large household of the patriarch which included women, junior men, children, slaves and domestic servants all under the rule of this dominant male. Now it is used more generally to refer to male domination, to the power relationships by which men dominate women, and to characterize a system whereby women are kept subordinate in a number of ways. Patriarchy refers to the male domination both in public and private spheres. + Thus, patriarchy describes the institutionalized system of male dominance. + Regarding the existence and origin of patriarchy, traditionalists do believe that men are born to dominate and women to be subordinate. They believe that this hierarchy has always existed and will continue, and like other rules of nature this one too cannot be changed. There are others who challenge these beliefs and say that patriarchy is not natural it is man-made and, therefore, it can be changed. BBCP] CesRGEtOraE aes J = mconegs cna: pane = = School of Law* Subordination means something else is less important than the other thing. * Patriarchy, which pre-supposes the natural superiority of male over female, shamelessly upholds woman subordination to, man in all spheres of life. Consequently, all the power and authority within the family, the society and the state remain entirely in the hands of men. So, duc to patriarchy, women were deprived of their legal rights and opportunities patriarchal values restrict women’s mobility, reject their freedom over themselves as well as their property. + The term ‘women’s subordination’ refers to the inferior position of women, their lack of access to resources and decision making etc. and to the patriarchal domination that women are subjected to in most societies. So, women’s subordination means the inferior position of women to men. * Thus, women’s subordination is a situation, where a power relationship exists and men dominate women Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 (Attuiated ce Guru Gobind Singh Ledraprauia University and Approved by Gov BBCP] Chanderprabhu Jain College of Higher Studies & School of Law (CT of Dein & Mar Council of tndia)* Contemporary feminist theory begins with Simone de Beauvoir’s argument that because men view women as fundamentally different from themselves, women are reduced to the status of the second sex and hence subordinate (Beauvior 1974). Kate Millet’s theory of subordination argues that women are a dependent sex class under patriarchal domination (Millet 1977). * Patriarchy is a system whereby women are kept subordinate in a number of ways. The subordination that we experience at a daily level, regardless of the class we might belong to, takes various forms — discrimination, disregard, insult, control, exploitation, oppression, violence — within the family, at the place of work, in society, + For instance, a few examples are illustrated here to represent a specific form of discrimination and a particular aspect of patriarchy, Such as, son preference, discrimination against girls in food distribution, burden of household work on women and young girls BBCP] CEsRaetorae aes BE a mcouess of Higher pian = School of Law* So, the norms and practices that define women as inferior to men, impose controls on-them, are present everywhere in our families, social relations, religious, laws, schools, textbooks, media, factories, offices. Thus, patriarchy is called the sum of the kind of male domination we see around women all the time. Different areas of womens lives which are said to be under patriarchal control: * Womens Productivity or Labour Power * Womens Reproduction + Control over Womens Sexuality * Womens Mobility + Property * In this ideology, men are superior to women and women are part of men’s property, so women should be controlled by men and this produces women’s subordination. BBCP Chanderprabhu Jain College of Higher Studies & School of Law 2a} cantintedsn Core Sishi See = ‘Rowroved wy GevtatNCTot uh & Mar Count aftnais)Socio-legal dimensions of Honour Killings + Honour crime is a vintage crime which still holds its place in today’s society inspite of the moder mindset and advance thinking, Honour killing is the most aggravated form of honour crime which is prevalent almost in all the societies of the world with variation in its statistics. Laws in some countries have totally banned honour killing and is regarded as one of the heinous crimes. As far as India is concerned it has no proper and accurate law to deal with such crimes, because of which a big lacuna has been developed in the Indian legal system. * An honour killing or shame killing is the homicide of a member of a family by other members, due to the perpetrators belief that the victim has brought shame or dishonour to the family or has violated the principle of the family or of the religion, usually for reasons such as refusing to enter in an arranged marriage, being in a relationship disapproved by the family, having sex outside the marriage, becoming the victim of rape, dressing in ways deemed to be inappropriate and so on. Plot No. OCF, Sector A-#, Narela, New Delhi - 110040 (Aftiinted to Gara Gobiad Sized lodrapraaties Unseraey and Approved by Gort ot NCT of Delhi @ Sar Couscil of tndis) BCP) Chanderprabhu Jain College of Higher Studies & School of Law+ The extend of honour killing varies from state to state and country to country. India inspite being one of the highest rated countries in regard of honour killing, still all its states are not involved in this barbaric practice except (Punjab, Haryana, Rajasthan, Delhi, Bihar etc). In India Punjab is the most notaries state in this regard with highest rate of honour killing cases because of the presence of ‘Khap Panchayat’ or ‘Caste panchayat’. Most of the cases go unreported because of the influence of the family or are reported as suicides or accidents. * Indian Constitution has been the basic document and guiding force which vests ample of rights to its citizens. Honour killing violates few such provisions in the Constitution, thus, contrary to the basic rights of people. Such rights are: Article 14 (Right to Equality), Article 15(1) and (3) (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 17(Abolition of Untouchability), Article 19(1) (freedom to speech and expression) and Article 21 (right to life and personal liberty). vo. OCF, Sector A-8, Narela, New Delhi - 110040 $CTofDeiki & Bar Council of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law P cia Universty and Approved by Gort of SCT,+ The Directive Principle of State Policy (DPSP) though not enforceable can be considered for good governance of the Country. Article 39(a) provides for the State to secure that all citizens are provided with adequate means of livelihood. But honour killing deprives the life of the woman in most of the cases, And Article 39 (e) and (f) provides for the State to ensure that the childhood and youth are protected. * Due to this customary practice of honour killing many young and married couples are exploited, they are placed in an unprotected circumstance. Hence it is the duty of the State to protect such vulnerable people and protect their lives against this evil practice. exploitation and against growing and material abandonment. vo. OCF, Sector A-8, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law PI (Afftiated to Gara Gobind Sia aprautha Universiy and Approved by GortReasons behind prevalence of honor killing + Patriarchal Mindset * Caste system + Khap Panchayat and vote bank politics + Lack of education * No separate and strict laws Plot No. OCF, Sector A-S, Narela, New Delhi - 110040 (Aftaiated to Gara Gobind Sizeh ladrapranta Unireraey and Approved by Gertof NCT of Delhi @ Bar Couscil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawDifferent laws in India pertaining to honour killing + The Indian Penal Code-Section 300(Murder) * Constitution of India- Articles 14, 15 (1) & (3) 19 and 21 + The Indian majority Act, 1857 + The special marriage Act, 1954 + The scheduled castes and scheduled tribes (Prevention of Atrocities) Act, 1989 + The protection of women from domestic violence Act, 2005! + Indian evidence Act, 1872 + Protection of Human Rights (Amendment) Act, 2006 Plot No. OCF, Sector A-S, Narela, New Delhi ~ 110040 (Aftaiated ta Gara Gobind Sizeh ladrapranta Univeraey and Approved by Gert of NCT of Delhi @ Bar Couscil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawKhap Panchayats and Honour Killing + Panchayat literally means assembly of five prudent and respected elders chosen and accepted by the village community. Usually, some mighty and powerful persons, were coerced public consensus and without any election group together and declare themselves “the king of the caste’, thereby constituting the caste panchayats. + Khaps panchayats are active in various states of the country especially Haryana. Khaps of these states are notorious for their outlandish ediets like declaring married couples siblings, estracising families and such other atrocious acts. The reason behind all these atrocious verdicts is to save the so called honour and culture of the society. vo. OCF, Sector A-8, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law PI (Afftiated to Gara Gobind Sia aprautha University and Approved by Govt}Indian Judiciary on Honour Killing + Lata Singh v. State of U.P. and Anr, 2006 (5) SCC 475 + Bhagwan Dass v. State (NCT) of Delhi, 2011 (6) SCC 396. + Ashish Sharma and Another v. State of UP and others. + State of U.P. v. Krishna Master and anr, AIR 2010 SC 3071 + Arumugam Servai v. State of Tamil Nadu,34 (2011) 6 SCC 408. ~ Chanderprabhu Jain College of Higher Studies & School of Law GRC?) Plot No. OCF, Sector A-S, Narela, New Delhi — 110040 =f (Afftinted to Gara Gobind Singh Lodrapration University und Approved by GortefNCT of Delhi & Bar Council of india)Socio-legal Dimensions of Witch-Hunting The word ‘witchcraft’ is made up of two words ‘wicee’ and ‘craft’, ‘Wicce’ has. originated from ‘wicca’ which means ‘witch’ and ‘craft’ refers to ‘skill or ability’. Witchcraft is the practice and belief in magical abilities and the one who professes witchcraft is called a witch or wizard. In the past, midwives were accused of witchcraft and were made to admit it by subjecting them to torture. As the word is used in a negative sense, the people associated with witchcraft are looked at with suspicion and are socially less acceptable. On the other hand, witch hunting is the wicked practice where the women alleged of causing detrimental influences are branded as witches by Ojhas (witch doctors/tantriks) or community people and are thereafter hounded, banished, flogged, raped, paraded naked through the village, foreed to eat human excreta, balded, thrashed etc. The women accused of being witches are called by various names like dayan, tonahi, beta khauki (son eater), adam khauki (man eater), bhaikhauki (brothereater), maradmuhi, kheldi (characterless), bisahin (poisonous woman), bhootni, Dakan etc. Thus, witch hunting invelves both physical and verbal abuse. Plot No. OCF, Sector A-%, Narela, New Delhi - 110040 (Affiiated to Gara Gobiad Sized lodrapratia Unseraey and Approved by Gort ot NCT of Delhi @ Sar Conseil of tndis) P} Chanderprabhu Jain College of Higher Studies & School of Law* Despite the tremendous amount of violence involved in the witch hunt, it lacks a national legal code which could be adequate to deal with the issue in its entirety. A significant thing to note here is that, barring the recent few contrary cases, the victims of witch hunt are generally the women who are mentally unsound, sans a spouse or children, and/or are from lower strata of society. This does not only exhibit the schematic nature of the matter, but also a sense of animosity against a particular section of the society. * The practice is said to have emanated hundreds of years ago in the Morigaon district of Assam which is famously called ‘The Indian capital of black magic’ and is the abode of people who want to learn witchcraft. The practice is a customary one in India and is prevalent in rural isolated areas especially among the tribal population. The incidents of witch hunting are prominent in Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Oris: Rajasthan, Uttar Pradesh and West Bengal, . Chanderprabhu Jain College of Higher Studies & School of Law GAcr) Plot No. OCF, Sector A-$, Narela, New Delhi 110040 (Afftiated to Gara Gobind Siar \CTof Delhi & Bar Council of india) cia Universty and Approved by Gort of SCT,Witch hunt as a Social Practice * The whole practice of witch hunt entails the social pattern which is being followed from the primitive times. Not only does it encapsulate the authority of regressive yet indelible social norms, it also vividly depicts the repercussions of a deviant behavior. In fact, with superstition being a primary ingredient of the practice, earlier times have created distinctive images of witches. + From a hag on a broom to a woman with supernatural powers, the narrative has undergone some shifis. What remains constant, however, is the horrendously violent treatment which is given to the people who are branded as witches. Going by the witch hunt accounts, the patriarchal Ojhas possess all the social powers to drive an entire town into brutally murdering the supposed evil force. Plot No. OCF, Sector A-S, Narela, New Delhi - 110040 (Afftiated to Gara Gobind Singh ladraprauia Unirersey and Approved by Gert ot NCT of Delhi @ Bar Conseil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawLegislations on Witch Hunting + It cannot be denied that the primary reason which aggravates the issue at hand is the scarcity of a national statutory provision. + There are numerous laws in force at international, national level and in various states which provide stringent punishment to the perpetrators of witch hunting and the related practices. + Different states have respective enactments to handle the issue effectively, with Bihar being the first state to give an affirmative nod to the legislation in the form of Prevention of Witch (Dayan) Practices Act, 1999. The step was followed by numerous states such as Jharkhand, Chattisgarh, Odisha, Rajasthan, and Assam to name a few. vo. OCF, Sector A-8, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law PI (Afftiated to Gara Gobind Sia aprautha University and Approved by Govt}The state of Assam, in fact, has only recently got the Presidential affirmation to the Assam Witch Hunting (Prohibition, Prevention, and Protection) Bill, 2015. The Act, 2015 classifies the practice as a non- bailable, non- cognizable, and non- compoundable offence while laying down up to seven year imprisonment and a fine up to 5 lakh for identifying any person as a witch. The violent incidents of witch hunt are also dealt by invoking various provisions of Indian Penal Code, 1860, Majorly, Section 302 (murder), Section 307 (attempt to murder), Section 323(punishment for voluntarily causing hurt), Section 376 (punishment for rape), and Section 354 (outraging the modesty of a woman) of the Code, 1860 come into force while dealing with the atrocities pertaining to witch hunt, Apart from these state legislation there are other bodies established to prevent witch-hunting and promote protection to women and to ensure those rights necessary for them to live a peaceful life with dignity. Plot No. OCF, Sector A-, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law (Afftiated to Gara Gobind Singh Ladraprauth Usiverscy and Approved by Gort!+ Partner for Law in Development (PLD) 1998, which is a group of legal resource working for social justice and women’s right in India. It considers women’s rights as an integral part of the society and hence protects women’s right from getting violated through families, on basis of sexuality, culture, caste, etc. + Other than this many NGO’s are working for preventing and protecting women from the social evil of witch-hunting.one among those is Rural Litigation and Entitlement Kendra, which had also filled a PIL in Supreme Court relating to the abuse of women in name of witch-hunting on behalf of 1000 rural women in Jharkhand who were victimised of witch-hunting. * Apart from these NGO’s and some local bodies working against witch hunting, a bill “Prevention and Prohibition of Witch-Hunting” has been drafted by members of Human Rights Defence International, which is still pending, It aims at establishing national legislation relating to witch-hunting. Plot No. OCF, Sector A-, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawCase study * In January, 2019(Orissa) Mangri Munda, a tribal woman along with her two sons and two daughters were murdered and their bodies were dumped in a well clase to their house. People believed her to be a witch capable of doing black magic. The main accused in the case was Budhram Munda who was the witch doctor, People thought that she was responsible for a long-running sickness in the accused family. * The case of Mangri Munda is only one example among the many where innocent women are accused of being witches and are held responsible for the deaths of children, illness spreading in the village and other mishappenings. Plot No. OCF, Sector A-S, Narela, New Delhi - 110040 (Affaiated to Gara Gobind Sizeh ladrapranta Unireraey and Approved by GertotNCT of Delhi & Bar Couscil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawJudicial Pronouncements * Tula Devi and others y. State of Jharkhand, 2006 (3) JCR 222 Jhr + Madhu Munda v. State of Bihar, 2003 (3) JCR 156 Jhr Plot No. OCF, Sector A-S, Narela, New Delhi ~ 110040 (Aftaiated to Gara Gobind Sizeh ladrapranta Unirersey and Approved by Gert of NCT of Delhi @ Bar Couscil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawPlot No. OCF, Sector A-8, Narela, New Delhi - 110040 (Aftiiated to Gore Gobind Singh indrapranes University and Agprovad br Gort of NCT of Debi & Bar Comnil of fodia) P Chanderprabhu Jain College of Higher Studies & School of Law BBCP) FACULTY NAME: Ms. Anubha Jain (Assistant Professor)Resistance and Movements + Women have historically been associated with inferiority in philosophical, medical and religious traditions. + The hierarchical dichotomy of a body versus soul/intellect was seen to parallel the division of the sexes with women, due to their childbearing functions and menarche, pejoratively associated with corporeality. * Despite the dominance of these misogynist traditions, some individuals during the Middle Ages and early modern period challenged the status quo and called for greater equality between the sexes. Plot No. OCF, Sector A-S, Narela, New Delhi - 110040 =! (Afftinted to Gare Gobind Singh INCT of Delhi & Bar Council of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law aprautha University and Approved by GovtThe late nineteenth and early twentieth century: The First Wave + Both men and women, (notably Mary Wollstonecraft), the idea of pursuing greater gender equality was rarely discussed, + By the turn of the twentieth century, however, Woolf's contemporaries in Britain and in the United States Of America, New Zealand and Australia were actively pushing for greater equality, establishing new traditions and feminist mothers to inspire later generations. + Emmeline Pankhurst in England were the key pioneers of ‘first-wave feminism’, a period in which women organized themselves into public and high-profile advocacy groups, campaigning for equality in property, economic and voting rights. Beginning with New Zealand in 1898, women were granted the Women’s Suffrage and within half a century, enjoyed suffrage in a majority of countries across all continents: the US in 1919 and the United Kingdom in 1928 (to all women over 2i). Plot No. OCF, Sector A-S, Narela, New Delhi - 110040 (Afftiated to Gara Gobind Sia ‘CT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law cia Universty and Approved by Gort ef SCT,The Second Wave * The second-wave of feminist campaigning for gender equality targeted new objectives from their ‘first wave’ sisters. Having achieved suffrage and equality in property rights, Feminists after WWII broadened their objectives to tackling discrimination in employment opportunities, pay and education, reproductive rights and the role of women in the family and household. The slogan and battle-cry of the second wave was coined by Carol Hanisch: “The Personal is Political” The second wave deconstructed and criticized for the first time power relations between men and women in the realm of the personal as well as the public: culture, sexuality, and the political inequalities were intimately intertwined, subjecting women to discrimination that only self-realization of these power relations could overcome. vo. OCF, Sector A-8, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law P aprautha Usiversiy and Approved by GovtKey achievements of second wave + In the US: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Title [IX and the Women’s Educational Equity Act (1972 And 1975). This period also saw international committees and conferences dedicated to promoting gender equality. * In the first decade, the Commission passed the following conventions aimed at promoting gender equality: Convention on the Political Rights of Women, adopted by the General Assembly (1952); the convention on the Nationality of Married Women, (1957). 3 <0. OCF, Sector A-$, Narela, New Delhi ~ 110040 aprautha University and Approved by Govt: BBCP] Chanderprabhu Jain College of Higher Studies & School of Law (Afftiated to Gara Gobind Sia INCT of Delhi & Bar Council of fndis)Third Wave Feminism * By the late 1980s, the campaign for gender equality entered the ‘third wave’, * Feminist called for greater awareness of the specific equality concerns of other female identities previously marginalised in second wave discourses for gender equality: women from black and minority backgrounds, bisexual, lesbian, and transgender women, the ‘postcolonial’ voice and lower social classes. The third wave criticised the second wave’s “conformism”. Plot No. OCF, Sector A-, Narela, New Delhi - 110040 BBC ] Chanderprabhu Jain College of Higher Studies & School of Law INCT of Dethi & Bar Council of india) =! (Alfitinted to Gara Gobind Singh Lndraprantha University and Approved by Gort:From Chipko To Sati-The Contemporary Indian Women’s Movement- RADHA KUMAR * In 1970’s Indian women faced a number of problems and domination which resulted in the outbreak ofa series of women’s movements and campaigns. These campaigns and movements include a number of issues of importance of women, which emanate process of change and development in feminist thinking. + After India’s independence in 1947, the Congress Government of that time made promises to uplift the position of women and thereby, declared equality of men and women in the Constitution, by setting up many administrative bodies and raising opportunities for women. + Most famous Feminist movements were Shahada and anti-price agitations in Maharashtra and Self Employed Women’s Association and Nav Nirman in Gujarat. Plot No. OCF, Sector A-8, Narela, New Delhi - 110040 INCT of Delhi & Bar Council of fndis) BBCP] Chanderprabhu Jain College of Higher Studies & School of Law (Afftiated to Gara Gobind Singh Ladraprautha Usiverscy and Approved by Gort!* The shahada movement was a Bhil Tribal landless laborers movements. * In Gujarat, the first women’s trade union(textile labor Association) formed in 1972 by Ella Bhatt. * The self-employments women’s association (SEWA) was an organization which worked collectively for women and fought against the issues of low earnings, poor working conditions, harassment from those in authority ete. + The drought and famine, in the rural areas of Maharashtra in early 1970's led to a sharp rise in prices in the urban areas, which resulted in the formation of United Women’s anti- price rise front,The protest included mostly women who campaigned against the inflation and addressed the government to fix the prices, Plot No. OCF, Sector A-S, Narela, New Delhi ~ 110040 (Aftaiated ta Gara Gobind Sizeh ladrapranta Unireraey and Approved by Gert of NCT of Delhi @ Bar Couscil of India) BBCP] Chanderprabhu Jain College of Higher Studies & School of LawCP) This movement spread to Gujarat and was known as Nav Nirman movement, which was students movement against black marketing, corruption, and soaring prices. During the same time, the first contemporary women’s feminist movement was formed in Hyderabad which include the women from Maoist movement, who raised the issue of gender oppression. Because of sudden rise in women’s movements, the United Nations declared 1975, as the International women’s year. March 8, international women’s day was celebrated for the first time in In Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi - 110040 adraprantsa University and Approved by Gortof NCT ef Delhi & Bar Council of India)Early Feminists Campaigns * The role of the feminist groups was to raise feminist issues with mass organizations such as trade unions, Kisan Samiti etc. In the late 1970’s many loosely organized groups were formed, the only party based organization was Mahila Dakshata Samiti (women’s self-development organization) founded in 1977 by the socialist women in the coalition of Janata Part. * Many Dowry related cases were found in and around Delhi, dowry related crimes and murder of women because of dowry, increased in the country. Women’s death by the fire was regarded as suicide and police refused to lodge the complaint treating the matter as personal. + No one bothered to raise voices against the violence until when the feminists reversed the indifference by linking the deaths of women by fire not as merely suicides but coupled with dowry harassment . Chanderprabhu Jain College of Higher Studies & School of Law BAP)