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2022 | Journal of Humanities and S ocial Sciences | Volume. 4 | Issue. 1 | 1-13
Journal of Humanities and Social Sciences
p-ISSN: 2721-804X, e-ISSN: 2721-8104
Research Article
A Descriptive Socio-Legal Assessment on Gender and Human Rights
Surender Kumar1, Pawan Deep Singh2, Papori Sarmah3, Bijendra Singh3
1 ALA Fellow Melbourne University, Australia.
2 Chandigarh University. Punjab, India.
3 Department of Sociology & Social Work, Hemvati Nandan Bahuguna Garhwal
University. Uttarakhand, India.
Article History
Received:
20.11.2021
Revised:
25.02.2022
Accepted:
05.03.2022
*Corresponding Author:
Surender Kumar
Email:
dr.kumarsurender@gmail.com
This is an open access article,
licensed under: CC–BY-SA
Abstra
ct
:
Human rights violations of women and abuse against women are
structured and underlying in India, introduced in socio-economic guidelines
and laws that structure the family, neighborhood, climate, and state plans.
Along these lines, it is an expanding worry in India and across the globe as
the rising occurrence of infringements of women's human rights is on high.
The purpose of this study is to investigate and examine the knowledge and
mindfulness of human rights among women and its connection and
association with the overall advancement of women in their day-to-day
existence. Using a descriptive research method, both qualitative and
quantitative data were gathered on women’s mindfulness and knowledge of
various human rights available to them. The proximity of intense and
thorough knowledge of women’s human rights was found to play the greatest
role in the comprehensive socio-economic development of women. This study
definitively answers the question regarding the correlation between proximity
to women’s human rights mindfulness and fertile platform and ambiance for
their fuller growth and development as human beings. Further investigations
are expected to set up causal relations and foster a more full-bodied
conceivable climate and social construction for the security and
acknowledgment of women’s human rights.
Keywords: Equality, Gender, Human Rights, Oppressive, Women.
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
2
1. Introduction
The human rights of women are one of a kind and assume an extremely critical and dynamic part in
the complete advancement of women and society. Fuller and more extensive mindfulness and
acknowledgment of women’s human rights can be a distinct advantage for women, moving them from
the denied stage to the created stage, from being directed to driving, from being abused to being
utilized, from being affronted to being regarded, from being dismissed to being chosen and
recognized, from weak to solid. All of this will be conceivable provided that women are open,
prepared, and ready to grow attention to their human rights; as such, recognizing and perceiving
women' basic liberties can turn around the historical backdrop of their long-standing shocking and
vile infringement and distraction with male-centric society and spot them on the genuine way of
financial, social, political, instructive, and profound turn of events.
Wollstonecraft [1], an English radical and author of Vindication of the Rights of Women also
framed gender equality as a universal cause. She too recognized that many women did not share this
cause; they were so “degraded” that they “despise the freedom which they have not sufficient virtue to
struggle to attain.” Wollstonecraft acknowledged that it will “require some time to convince women
that they act contrary to their real interest”.
Human rights violations of women and discrimination against women are systemic in India,
embedded in socio-cultural norms and laws that structure the family, community, workplace, and state
policies. Additionally, women ought to be socially mindful and should realize their real and social
climate to acquire and foster a more full augmentation of familiarity with their human rights. Women
should know about state approaches and legitimate guides which are interconnected with the end goal
of common freedoms mindfulness. The need of great importance is to achieve attention to human
rights for women, particularly in Indian challenges. Women human rights violations in India are not a
legend, but instead a notable and mischievous social pathology [2].
The tension between universal definitions of gender equality and subjective definitions emerged in
the late eighteenth century with the first proclamations of women’s rights in Western Europe. Gouges
[3], a French revolutionary, published The Rights of Women as a companion piece to the Declaration
of the Rights of Man, with equally universal aspirations: to recognize “the natural, inalienable, and
sacred rights of the woman,” who “is born free and lives equal to man in rights.” Laws must apply
equally to women and men. Women who are found guilty of capital crimes must be executed, just as
men are; women who wish to participate in public life must be allowed to speak publicly, just as men
are; women must be conscripted and taxed and employed as men are. Women’s property rights must
be respected, as men’s are. These sentiments were revolutionary, and Gouges recognized that many
women did not share her approach to gender equality. “Woman, awake,” she wrote, urging women to
adopt her universal standards. “The tocsin of reason is making itself heard throughout the universe;
recognize your rights”.
The "World Human Rights Conference in Vienna" first recognized gender-based violence as a
human rights violation in 1993 [4]. The same was declared by the "United Nations Declaration" in
1993 [5]. The Indian Constitution itself classifies the right to equality as a fundamental right in the
Indian constitution, thus providing this right with utmost importance. Women suffer due to the
paucity of options available to them in terms of equality and rights [6] [7]. The promotion and
protection of human rights is a bedrock requirement for the realization of the Charter's vision of a just
and peaceful world [8].
Equality: the notion that all human beings are entitled to the same human rights without
distinction. The equality principal is embodied in art. 2 of the Universal Declaration of Human Rights.
Equality does not necessarily mean treating people, but rather taking whatever steps are necessary to
promote a more just society for all. A distinction is often drawn between the interconnected concepts
of formal and substantive equality. Formal equality assumes that equality is obtained if a law or policy
treats everyone, e. g. men and women, in the same way, or in a neutral manner. Substantive equality is
concerned with the effects of laws and policies and with ensuring that they alleviate rather than
propagate, the inherent disadvantages experienced by traditionally discriminated groups, such as
women [9].
Equal rights to women are guaranteed in the Indian Constitution. As a signatory to various
international declarations (Declaration on Human Rights, Convention on the Elimination of
Discrimination against Women-CEDAW, etc.), India is committed to the elimination of
discrimination against women. The 74th Constitutional Amendment Act (CAA), 1992, provided for
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
3
the inclusion of Scheduled Castes and Scheduled Tribes and women in decentralized urban
governance. Gender-based discrimination – whether it is upheld as a matter of law or imposed as a
matter of practice – is an affront to women's human dignity and to the basic principle of equality. It
has been found that cultural barriers which discriminate against women, even where legal standards
are in place to prohibit such treatment, present major obstacles to the realization of women’s human
rights, including housing rights. In some societies, for example, men are allowed to take multiple
wives, but women are not allowed to take multiple husbands. In the simple terms of wealth
distribution, polygamous systems of marriage tend to severely disadvantage women.
The World Human Rights Conference in Vienna first recognized gender-based violence as a
human rights violation in 1993. The same was declared by the "United Nations Declaration" in 1993.
In equal treatment lies the goodness of all social life. Both men and women share mutual respect in
equality. Burgess & Lock [10] stated that "equal gender treatment lies in equally experiencing a high
degree of self-expression and at the same time are united by the bonds of affection, sympathy and
common interests" "equal gender treatment lies in equally experiencing a high degree of self-
expression and at the same time are united by the bonds of affection, sympathy and common interests"
According to the World Bank report, malnutrition is the major cause of female infertility. The
presence of excessive malnutrition among female children as compared to male children is basically
due to differences in the intra-family allocation of food between male and female children. Normally,
the male members are fed before the female members of the family. According to the Human
Development Report, in rural Punjab, 21% of girls in low-income families suffer from 3% of boys in
the same family suffer from severe malnutrition as compared to 3% of boys. Even low-income boys
are far better than upper-class income girls.
Girl babies are less breast-fed than boy babies. 60% of baby girls are born with low birth weight.
Sometimes, due to economic distress and natural calamities like floods, droughts, or earthquakes,
discrimination against female children increases. Furthermore, various studies have confirmed that the
girls' diet is inferior to the boys' diet in both quality and quantity. Boys are given more nutritive foods
like milk, eggs, butter, ghee, fruits, and vegetables as compared to girls. Due to this inferior quality
diet, girls are more vulnerable to infections and diseases. The reason again is that families spend less
on medication for girls than for boys. Therefore, the question was put forward to the respondents to
determine their level of awareness of their health rights.
Table 1. UDHR List
Right to equality
Right to education
Right to live with dignity
Right to liberty
Right to politics
Right to property
Right to equal opportunity for employment
Right to free choice of profession
Right to livelihood
Right to work in equitable conditions
Right to get equal wages for equal work
Right to protection from gender discrimination
Right to social protection in the eventuality of retirement, old age and
sickness
Right to protection from inhuman treatment
Right to protection of health
Right to privacy in terms of personal rights, family, residence,
correspondence etc.
Right to protection from society, State and family system.
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
4
2. Literature Review
Other proponents of women’s rights adopted a different approach, focusing less on defining and
promoting universal rights than on embracing existing priorities. Radcliffe [2], the English author of
The Female Advocate; or an Attempt to Recover the Rights of Women from Male Usurpation, noted
that not all women possess “the Amazonian spirit of a Wollstonecraft.” Rather than call on women to
adopt such a spirit, she articulated what she deemed to be the current demands of Englishwomen: “not
power, but protection”.
Berkovitch [4], at the turn of the twenty-first century, universalist approaches to women’s rights
began to be adopted by intergovernmental organizations, beginning with the Declaration on the
Equality of Women, issued by the World Conference of the International Women’s Year in 1975, and
the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the
United Nations General Assembly in 1979.
McLaren [11], Many of these subjectivist critiques share a “decolonizing” approach to feminism
that replaces “general and abstract conceptions of gender and identity” with a focus on “important
differences among local, cultural understandings of these ideas.” This approach seeks to build a
transnational feminist movement based on “the complexity and richness of diversity of experiences
and identities” while “challenging universalist methods, practices, and ways of knowing.”
Transnational feminism involves “normative commitments. However, just which set of normative
commitments is continually open for debate”.
According to the Census of India 2011 [12], women establish 48.46 percent of the absolute
populace. Thus, the significance of women as human resources in the general turn of events and
progress of the nation is undoubted. The Constitution of India has revered the guideline of sexual
orientation balance. The Constitution awards uniformity to women as well as enables the state to
embrace proportions of positive intercession for women. Inside the structure of a vote-based
commonwealth, improvement arrangements, projects, and laws have been focused on women's
strengthening. In the Government of India, the Ministry of Women and Child Development (MWCD)
is the nodal Ministry for all matters concerning women. At the state level, there are comparative
divisions managing women’s issues.
The Vienna affirmation gives an impact on the human rights and women in an extremely
elaborative and complete manner.
Profoundly worried by different types of segregation and savagery, to which women keep on being
uncovered everywhere, Gender-based viciousness and all types of lewd behavior and abuse, including
those subsequent from social bias and global dealing, are incongruent with the pride and worth of the
human individual, and should be killed. This can be accomplished by lawful measures and through
public activity and worldwide participation in such fields as financial and social turn of events,
training, safe maternity and medical care, and social help.
The World Conference on Human Rights encourages the full and equivalent delight by women of
every single human rights and that this be a need for Governments and for the United Nations. The
World Conference on Human Rights likewise underlines the significance of the reconciliation and full
investment of ladies as the two specialists and recipients in the improvement cycle, and repeats the
destinations set up on worldwide activity for ladies towards practical and evenhanded advancement
set out in the Rio Declaration on Environment and Development and section 24 of Agenda 21,
embraced by the United Nations Conference on Environment and Development [13].
The equivalent status of women and the human rights of women ought to be coordinated into the
standard of United Nations framework wide movement. These issues ought to be consistently and
methodologically tended to all through pertinent United Nations bodies and systems. Specifically,
steps ought to be taken to expand participation and advance further mix of destinations and objectives
between the Commission on the Status of Women, the Commission on Human Rights, the Committee
for the Elimination of Discrimination against Women, the United Nations Development Fund for
Women, the United Nations Development Program and other United Nations offices. In this specific
circumstance, participation and coordination ought to be fortified between the Center for Human
Rights and the Division for the Advancement of Women [14].
Specifically, the World Conference on Human Rights focuses on the significance of running after
the disposal of viciousness against ladies out in the open and private life, the end of all types of
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
5
inappropriate behavior, abuse and dealing with women, the end of sexual orientation inclination in the
organization of equity and the annihilation of any struggles which might emerge between the
freedoms of ladies and the destructive impacts of specific conventional or standard practices, social
biases and strict fanaticism. The World Conference on Human Rights calls upon the General
Assembly to embrace the draft announcement on savagery against ladies and urges States to battle
viciousness against ladies as per its arrangements. Infringement of the human rights of women in
circumstances of equipped struggle are infringement of the key standards of global basic freedoms
and philanthropic law. All infringement of this sort, remembering for specific homicide, efficient
assault, sexual servitude, and constrained pregnancy, require an especially powerful reaction [15].
The World Conference on Human Rights encourages the destruction of all types of victimization
ladies, both covered up and plain. The United Nations ought to support the objective of general
endorsement by all States of the Convention on the Elimination of All Forms of Discrimination
against Women continuously 2000. Available resources of addressing the especially huge number of
reservations to the Convention ought to be energized. Inter alia, the Committee on the Elimination of
Discrimination against Women should proceed with its survey of reservations to the Convention.
States are asked to pull out reservations that are in opposition to the item and motivation behind the
Convention or which are generally contradictory with global deal law [16] [17].
Kumar [18], It is candid that the promotion and protection of human rights are not simple,
straightforward, or easily solved the issue; it is one that has troubled the best thinkers in the world for
a long time, The issue of denials of human rights won't be addressed for the time being. They will
likely not be addressed in the course of our life, the everyday reports of oppressive human rights
violations in the third world can be an impetus for change [19].
3. Methodology
3.1. Research Design
The research layout used for this look at is the survey method (Descriptive-Casual survey approach).
The questionnaire became utilized in collecting statistics from the girls of the slums in Dehradun,
Uttarakhand, even as the women of the slums aged among 14 - 65 fashioned the populace of the look
at. The primary information is largely from the management of the questionnaire. This is performed
with the focal point population of the research paintings, that is, the slum women aged 14 to 65 of
Dehradun, Uttarakhand. In order to examine the impact of human rights and their relevance at the
comprehensive improvement of women of the slum in India, a descriptive research layout became
decided on for the proposed observation.
3.2. Respondents
A total of 300 women of slum participated in this study using a systematic random sampling
technique (see Table 1). The respondents were all locals of the Dehradun slum, regardless of whatever
their socio-economic, political, and personal conditions are in the present time Year 2021.
Women's knowledge and comprehension of their privileges and human rights, just as the different
arrangements of human rights accessible to them. Are women acquainted with them and think about
them? Are women mindful of the accessibility of various sorts of freedoms like instruction, political,
monetary, and social, wellbeing privileges, freedoms against infringement and provocation, privileges
against male-centric control, and so on? This is vital and women should know about it to acquire more
full potential and climb later on. Various distinctive common freedoms are accessible for women as
per UDHR, the National and State Human Rights Commissions, and other social and lawful
establishments in the public arena. A rundown of women's human rights is along these lines given
beneath.
3.3. Research Instrument
The research adopted and modified an instrument of Frequency and Percentage calculation to estimate
the prevalence of human rights of the respondents in the selected slum area. Before the administration
of the survey, the instrument was first per-tested to similar respondents who are not exactly part of the
study for any ambiguous or misunderstood terminology or words.
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
6
3.4. Statistical Analysis
This study used frequency count and percentage for the human rights estimation and prevalence of the
respondents. Thus, the gathered data was analyzed and interpreted, and then tabulated data with the
help of Microsoft Excel version 20.
4. Results and Discussion
Table 2 shows that almost 40% of respondents (13.33 percent) were totally mindful of their human
rights and related difficulties. Upwards of 55 (18.33%) of those surveyed have just a simple
comprehension of human rights and the current issues. 84% (28%) of respondents had a moderate
degree of mindfulness, while 98% (32.66 percent) have a significant degree of mindfulness. Women'
human rights are supposed to be obscure to upwards of 23 (7.66%) of respondents.
Table 2. Women's Actual Human Rights Extent: Frequency and Percentage of the Respondents
Actual Human Rights Extent Frequency Percentage
Totally aware 40 13.33
Partly aware 55 18.33
Modestly aware 84 28
Awareness is extremely poor 98 32.66
Not at all aware 23 7.66
Total 300 100
From the Table 2, 40 (13.33 percent) respondents have a fuller understanding of their human rights
and the concerning issues, which is very interesting to note as the level of awareness is directly
proportional to social development, growth, economic and educational upliftment. The higher the
awareness level of human rights, the fewer the breaches of human rights will be. 55 (18.33 percent)
and 84 (28%).55+84 respondents are partially and moderately aware of their human rights and the
issues that concern them, which is roughly the same situation, and respondents and society are on a
safer platform by accessing their human rights.
98 (32.66 percent) of respondents have a very low level of human rights awareness, which is cause
for immediate concern and can lead to dangerous social pathology.23. (7.66 percent) respondents fall
into the category of not all awareness, which represents a significant portion of the population that is
not aware, and thus there is a need to raise awareness among them and in other places as well .As
there is a very narrow and tiny margin and gap between them, it is concerning that the gap holds for
98+23=121 (32.66+7.66=40.32 percent), almost reaching half of the respondents and percentage and
making them unaware of their human rights. This is a major concern for women and society as a
whole in terms of overall development and quality of life.
Table 3. Equality Rights of Women: Frequency and Percentage of the Respondents
Equality Rights of Women Frequency Percentage
Totally aware 48 16
Modestly aware 98 32.66
Awareness is extremely poor 133 43.33
Not at all aware 21 7
Total 300 100
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
7
According to the Table 3, approximately 48 (16 percent) of respondents have full knowledge of
their equality-related rights, nearly 98 (32.66 percent) of respondents have a moderate level of
awareness, approximately 133 (43.33 percent) of respondents have a frightening level of awareness,
and approximately 21 (7 percent) of respondents have no awareness level.
Therefore, the majority of the respondents are at the scary awareness level 133 (43.33 percent),
which is quite a significant number and also raises concerns as more awareness must be caused. The
number of respondents who are unaware is 21 (7%); this has both positive and negative implications.
Figure 1. Equality on Rights among Women: Frequency and Percentage of the Respondents
57 (19 percent) of respondents equality on rights among women. 189 (63.3 percent) of respondents
claim inequality in their rights. 38 (12.66 percent) were confused and at no stage of commenting on
the issues, around 16 (5.33 percent) and no comment on the issue.
Table 4. Educational Rights: Frequency and Percentage of the Respondents
Educational Rights Frequency Percentage
Good awareness 39 13
Moderate awareness 141 47
Scare awareness 108 36
No awareness 12 04
Total 300 100
Table 4 provides that as many as 39 (13 percent) respondents carry a fair amount of education
regarding their educational rights, whereas 141 (47 percent) claim the majority, respondents have a
moderate amount of awareness regarding educational rights, 108 (47 percent) claim the second
majority, respondents are rarely aware of educational rights, whereas 12 (04 percent) of respondents
have no awareness of the given issue.
It may be calculated that educational rights are in practice as 141 (47 percent) + 108 (36 percent)
have a moderate and scary number of educational rights. However, these rights are known by the
respondents and claimed as well. Respondents who have no awareness of educational rights are 12
(04 percent), which causes slight concern over the issue.
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
8
Table 5. Political Rights: Frequency and Percentage of the Respondents
Political Rights Frequency Percentage
Totally aware 43 14.33
Modestly aware 139 46.33
Awareness is extremely poor
104
34.66
Not at all aware 14 4.66
Total 300 100
Table 5 indicates and reflects that as many as 43 (14.33 percent) female respondents claim to be
fully aware of their political rights, around 139 (46.33 percent) respondents have moderate awareness
of the rights concerned, 104 (34.66 percent) respondents have a low level of awareness of their
political rights, whereas 14 (4.66 percent) respondents have no awareness of the issue concerned.
It is obvious from the table that only 43 (14.33 percent) have a fuller sense of awareness of
political rights, which is a low level when judging the political rights and their knowledge, as these
rights are known by the people in society in good terms. The majority of the respondents have
moderate awareness followed by a very low level of awareness, which is good to an extent and causes
concern. The gap must be reduced.
Table 6. Health Right: Frequency and Percentage of the Respondents
Right to health Frequency Percentage
Totally aware 62 20.66
Modestly aware 121 40.33
Low level
102
34
Not at all aware 15 5
Total 300 100
Table 6 indicates that as many as 62 (20.66 percent) of respondents are fully aware of their rights
to health, 121 (40.33 percent) of respondents have moderate awareness of health rights, and around
102 (34 percent) of respondents have very little awareness of health rights and the concerning issues,
whereas 15 (05 percent) of respondents are not aware of their rights to health.
Hence, the interpretation followed by holds that a significant portion of respondents have at least
moderate awareness. Thus, it can be concluded that the information is well spread among the
respondents and that rights to health have somewhat greater importance and relevance among them as
a majority of them have at least moderate awareness. A significant portion of it also claims to be fully
aware of their rights to health, which conveys a positive picture and holds a good degree of
awareness.
Table 7. Right to Dignity: Frequency and Percentage of the Respondents
Right to Dignity
Frequency
Percentage
High degree 71 23.66
Moderate degree 111 37
Low degree 109 36.33
No awareness 09 3
Total
300
100
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
9
According to the Table 7, approximately 71 (2.66 percent) of respondents have a relatively high
level of awareness on the right to live freely, while 111 (37 percent) of respondents have a moderate
level of awareness, 109 (36.33 percent) of respondents have a low level of awareness, and as many as
09 (3 percent) of respondents have no awareness at all.
As a result, the interpretation that follows holds that 111 (37 percent) of the respondents claiming
the majority were displaying somewhat well and positive signs of awareness. And the low number of
respondents (9%) indicates a gap that needs to be filled through increased efforts and commitments in
the right direction.
Figure 2. Right to Health Care: Frequency and Percentage of the Respondents
Figure 2 reveals the degree of awareness by the respondents of their right to health care. As many
as 105 (35 percent) of respondents have a high level of awareness of the right to health care, 89 (29.66
percent) have a moderate level of awareness, 101 (33.66 percent) have a low level of awareness, and
05 (1.66 percent) have no knowledge or awareness of the right.
Therefore, the Figure 2 reveals that a majority of respondents 105 (35 percent) have a high degree
of awareness. It might be so because of the educational growth of the respondents, the role of NGOs
and government programs and schemes, Anganwadi, and other social and cultural factors. As many as
101 respondents (33.66 percent) have a low level of knowledge and awareness of the right; this could
be due to a lack of education, social support, family help and freedom, cultural taboos, an unhealthy
environment, and a lack of intuitional and government help and support.
Figure 3. Economic Right: Frequency and Percentage of the Respondents
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
10
Figure 3 indicates that as many as 107 (35.66 percent) of respondents have a high degree of
awareness of economic rights, whereas 99 (33 percent) of respondents claim a moderate degree of
awareness, about 86 (28.66 percent) of respondents have a low degree of awareness, and almost 08
(2.66 percent) of respondents have no awareness of the rights.
Therefore, the Figure 3 reveals that a majority of respondents 107 (35.66 percent) have a high
degree of awareness. It might be so because of cultural and social changes in society, the role of social
and government institutions, and the family as well. As many as 186 (28.66 percent) respondents lack
knowledge and awareness of their rights; this could be due to a lack of family support, cultural and
social support, education, social support, family help and freedom, cultural taboos, an unhealthy
environment, or a lack of intuitional and government help and support.
The main aim of this proposed study is to analyses and assess the human rights of women in the
slum set – up from a gender perspective, and its relationship to their socio – economic, political and
overall development in the society. This study found that fuller mindfulness of women’s human rights
can be a distinct advantage for their development; the greater the realization of their human rights, the
better will be their position in the society [16]. It is a categorical finding of the study that Women in
the slum of India are faced with the extreme of human rights violations and with a very low level of
access to human rights enjoyments and justice, as a result, women possess very little awareness of
their human rights and various other rights available to them to enhance their life and introduce them
to a true path of development [19].
The main aim of this proposed study is to analyze and assess the human rights of women in the
slum set – up from a gender perspective, and its relationship to their socio-economic, political, and
overall development in society. This study found that fuller mindfulness of women’s human rights can
be a distinct advantage for their development; the greater the realization of their human rights, the
better will be their position in society. It is a categorical finding of the study that Women in the slum
of India are faced with extreme human rights violations and with a very low level of access to human
rights enjoyments and justice, as a result, women possess very little awareness of their human rights
and various other rights available to them to enhance their life and introduce them to a true path of
development.
The main interrogation of the study was whether the human rights of women and their awareness
of human rights among women, and access of women to human rights enjoyment have any categorical
link or connection to change their social, political, economical, and physical life and cause and
upliftment in their overall life. Substantive equality is concerned with the effects of laws and policies
and with ensuring that they alleviate rather than propagate, the inherent disadvantages experienced by
traditionally discriminated groups, such as women. Equal rights to women are guaranteed in the
Indian Constitution. As a signatory to various international declarations (Declaration on Human
Rights, Convention on the Elimination of Discrimination against Women-CEDAW, etc.), India is
committed to the elimination of discrimination against women.
The find that the Indian family system and society run on the patriarchal ideology, where men hold
more dominating and controlling positions and women are at the bottom. It is therefore for this very
reason that a question was put forward to the respondents as to what they said about equal rights and
reactions. The study also observed that education is directly related to development and invites mental
growth, providing benefits like training in logical and analytical thinking and the capacity for
balanced and responsible decision-making. It causes enhanced self-esteem and brings forth an
environment conducive to improving status in society and respecting human rights. Various studies
have shown that in Indian society, social attitudes, beliefs, and norms restrict women's access to
enough education. Disparity in male and female education levels, differences in urban and rural
education between men and women, and discrimination within the given education support mean that
within the given education support; women have to face discrimination both in quality and in gaining
access to education [20].
Women are restricted in family and in society. The socio-economic structure of society puts
forward the orthodoxy that if women are educated, then their conduct and character will be ruined.
Therefore, education must be avoided for women. The overall point of view advocates the
construction of awareness and resistance to various social violations of women's rights. Education is
the best tool to cause and bring about awareness among women about their human rights. By keeping
this intention in mind, a sincere effort has been made in this study to examine and evaluate the level
of awareness of educational rights among the selected respondents [21].
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
11
Political rights are determined to shape individuals in society, and they cause socio-economic
growth in a wider sense, having a tremendous impact on peoples’ lives. Therefore, it is very important
for the study to know women’s awareness of political rights and the issues concerned. Women's
political status in India is very unsatisfactory, particularly their representation in higher political
institutions such as Parliament and provincial legislatures, which is severely under-represented,
limiting their effective role in influencing government initiatives and policies pertaining to women's
welfare and development. Their representation has been unable to reach even 10% in the Lok Sabha.
Thus, reflecting male domination in Indian politics, almost all the parties give very little support to
women in elections despite their vocal support for a 33% reservation of seats for women in Parliament
and Provincial Legislation [22].
Therefore, an attempt has been made to study the awareness level of women about their political
rights, as they are pivotal to their growth and provide them with a greater and bigger sense of
freedom. The study also explores that the health rights of women are very important in shaping the
lives of women and providing them with a good platform for acceleration in the path of development.
The right to quality and sound health is a fundamental and elemental right, playing a tremendous role
in the achievement and fulfillment of comprehensive development. Health is at the top of all that, as
in the absence of it, all types of material, intellectual, and social wealth are in vain. It is only a healthy
person who can enjoy all other rights with greater awareness and knowledge [23].
The term "health" is not just confined to the absence of disease. The World Health Organization
aptly defines "health as a state of complete physical, mental and social well-being and not merely
"Absence of disease or infirmity" also points out that the three areas of life—biologic, psychological,
and social—is interrelated, and disturbance in any one of these areas leads to problems in other areas.
Gender discrimination, which is closely associated with domestic violence against women, leads to
many psychological problems for the victims. Thus, health is something holistic and it does not exist
in isolation, but it is interplay of biological, psychological, and social factors. Keeping such a
background in mind, it was desired to observe and collect information regarding the access to the right
to health among women. It was therefore a question put before the respondents to know the degree of
knowledge and awareness of this right by the respondents [24].
Finally, economic rights enable women to have a say in decision-making power and, thus, to have
maintenance over themselves and their little ones by having significant economic power; it reduces
dependability and makes them free to roam and interact in society. Poverty and lack of economic
security are often regarded as some of the major barriers to women's political participation. However,
in India, the advances made by women in the economic sphere have not given them a more prominent
position in political decision making. Indeed, women played a critical role in the region's economic
recovery following the war, allowing them to significantly increase their income, but not to a level
that would allow them to achieve economic security and break free from the cycle of merely meeting
practical needs. In addition, development and reconstruction policies in India have not taken into
account the important contribution made by women in the building of a peace economy. Despite the
commitment made by most development agencies operational on the ground to mainstream gender
into their programs, women are still viewed as a vulnerable group instead of fully fledged economic
agents [25].
They continue to be marginalized from the major development plans set up by the government and
international development agencies at the end of the war. Furthermore, very little attention has been
paid by development planners to the high levels of sexual violence against women and the way in
which unequal gender relations continue to affect the economic recovery. All of this explains, to a
large extent, women's low political participation in India, despite the fact that increased income has
enabled many of them to play a more central role in household decision-making and to gain greater
mobility and influence in community decision-making bodies. Therefore, a question was asked by the
respondents regarding the degree of awareness they possess of economic rights.
5. Conclusion
All things considered, it is authentic that the progression and practice of sound human rights of
women are not basic, clear, or effectively implementable; it is one social measurement that has upset
the best geniuses and specialists on earth for a really long time, particularly when infringement of
women’s human rights happens across the globe in an organized way. This paper has argued that the
greater the mindfulness and knowledge of women’s human rights, the higher and broader the
Surender Kumar, Pawan Deep Singh, Papori Sarmah, Bijendra Singh.
A Descriptive Socio-Legal Assessm ent on Gender and Human Rights.
Journal of Humanities and Socia l Sciences, vol. 4, no. 1, pp. 1-13, April 20 22. DOI: 10.36079/lamintang.jhass-0401.300
12
possibilities for their fuller development in all possible dimensions of their lives. Another key point
that has been strongly addressed is that feminism that replaces "general and abstract conceptions of
gender and identity" with a focus on "important differences among local, cultural understandings of
women’s human rights" is of utmost importance in the advancement of women. Societal and various
government apparatuses can do wonders in the ultimate realization of women’s human rights and
make them implementable. How well the human rights of women are addressed and practiced
certainly manifests the degree of development in a society. Here, I end this journey. Now it is all over
to you.
Acknowledgments
I‘m very grateful for extensive discussion on this topic with my seniors on the HNBGU A Central
University, Department of Sociology and Social Work, and particularly Professor J.P Pachauri and J.P
Bhatt.
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