The level of security of a woman in a society wholly depends on the kind of social status that is accorded to her and the degree of respect that she commands from the society. The physical and economic security flows automatically from a guaranteed high social status. Legislative enactment by itself is only an expression of the social sentiment and at best can act only as a catalyst tool to rectify the wrong situation. But without the social will and sentiment supporting a legislative enactment, the law will only remain to decorate the statute book.

But to say that enactment is not a solution at all is to entirely miss the significance of a social and political process that the society frequently resorts to for resolution of conflicts, for legislative enactment, by itself, is both a cry and expression of the social intent to change. In our modern times, with mounting social problems and faced with a grave sense of urgency, legislation is often used as the most urgent tool of social change. Its effect is almost immediate, at least in bringing to the fore the pressing social problem and starting a public debate, as a precursor to change in the mindset. For example, wife-beating was until not long ago, looked upon more as a social problem of domestic violence and not as a criminal offense against women, till we saw the Parliament enact Section 498-A IPC.

At times, depending upon how shocking an incident takes place, there has been a tendency to bring in laws with very harsh and sharply stringent penal provisions. At other times, laws have been gradually and progressively developed over a period of time and amended to meet the changing circumstances. But what we must realize is that unless the law is accompanied by a social will, mere enactment would only lead to its provisions being either underused or abused, as has been our experience with Section 498-A IPC, which was introduced to protect women against domestic violence, and which today stands out as the most abused provision of law.

Very often, on one hand, we are misled by a plethora of laws available on the statute book dealing with women issues of marriage, divorce, inheritance, rights to equal wages, protection against dowry and domestic violence to conjure a positive picture of achievement for women, on the other hand, the statistics reveal a far more distressing image of a woman battered, suppressed and at times, annihilated. So while we have Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 (originally enacted in 1994), we know it for certain that more girls have been killed even before their birth in India during the last two decades on the abortion table than in all the wars that have taken place till date. Despite Section 304B providing for harsh punishment for dowry deaths, there has been no let up in the number of bride-burning cases throughout India. The list similarly goes on other counts such as rape, child marriages, sati etc. In fact, so lax and discredited is our legal system that our country has attracted more “foreigner tourists” for reasons other than for tourism.

The Judges of the Apex Court have time and again lamented the failure of the legal system to implement laws, and have at times, taken extraordinary steps to goad the legal machinery to act and administer the law.

We have repeatedly been asking ourselves : do laws exist merely to decorate the statute-book ? Will the laws relating to various women issues actually lead to any actual and material change in their lives and ameliorate their plight in society ?

To my mind, there are a host of causes and factors, but mostly social, which have come in the way of the laws helping the women. They raise more questions than answers. But first let me recount a few instances of the different social and political climate under which laws were enacted to favour women in the West and in India. While in the USA, the struggle for Universal sufferage, ie, voting rights for women began in 1848, and after 70 years of agitation by women activists, the rights were conferred in -1920, when the 19th Amendment to the American Constitution was brought in, in India, the women got it in 1917, at a time when 80% of them were even literate and conscious of it, and that too without their having to raise voice or demand it. Equal wages for women were granted in 1970 in the USA following a long struggle for equality before law, while in India, the same was guaranteed under Article 39 of our Constitution in 1947, without even whimper of a demand from the women. What I am trying to emphasize is that when something is given without it being first demanded and fought for, the enactment itself comes without its fang. There is a great deal of difference between a lot which struggles to achieve a goal, and in the process that lot gets both informed and inspired with a zeal to work continuously for it, and another lot upon which a changed position is “offered” without it asking for it. In the latter situation, the confusion and lack of awareness about the various facets that the new law offers, itself becomes a stumbling block in its implementation. To top it, as I said earlier, the “will” to implement the new laws remains still-born. Only a well informed people, who are willing and inspired with a zeal to work for the change can ensure that new laws become operational and bring in what is guaranteed thereunder.

In my opinion, for any new law that harbingers a change, three pre-conditions must be fulfilled, namely, first: the information and knowledge about every aspects of the new law must be conveyed and disseminated to the very target beneficiaries, for whose benefit the new enactment has been brought out. In other words, first be the very change that you want in others. Secondly, the target beneficiaries must be philosophically inspired to ensure that the laws so enacted for their benefits are not abused, for a law howsoever benevolent if lent to too much abuse quickly incites the very reactionary forces to collect and organise to defeat it. Section 498-A IPC has seen more women accused than men, and hence today perhaps stand condemned in the eyes of the very target beneficiaries. Thirdly, it is only sheer perseverence, determination and grit, which alone would enable us to continue with the struggle for change, till it is achieved. 5000 years ago, Panchchali, bahu of the ruing royal family of Hastinapur, screamed for protection, but all the high and mighty, present during her dishonour, hung their heads in shame and silence. This did not deter her for she was determined to avenge her shame and bring everyone responsible, including those who did not rise to protest against injustice, to book. She patiently waited and prepared herself for 14 years, and finally in the end she attained justice. Even today, her vow to get justice still rings loud in our ears. As recently as 13 years back, in a sleepy hamlet in Rajasthan, Bhanwari Devi prevented her village from marrying off infant girls, only to be attacked and gang-raped by the family for whose benefit she had been struggling.. The lower trial Court has acquitted all the assailants on flimsy and trivial grounds, as ridiculous as stating that it was not possible that a rape could take place in the presence of the husband. But nothing has daunted her, and today her long arduous struggle for justice has brought to the fore the need for far greater changes in our social fabric and mindset. The story of Bhanwari Devi would ever haunt us for what is lacking in our struggle for change, and must be remembered and retold so that the significance of her heroic struggle is never lost on us. Nearer home, are the exemplary stories of Neelam Katara’s single handed fight for justice for her son, killed in the most brutal manner and that little Meghalaya girl, who had begun preparing herself for the battle against gang-rape in a moving car, and was trying to remember faces of her assailant, and the details of places, where she was being taken to,, even at a time, when her assailants were trying to destroy her whole being and soul. Her grit and courage exemplifies our struggle and also reminds us how little we have achieved in terms of social position and standing the women enjoy in our society. The route to women’s emancipation is very long and arduous, but the journey has begun.

In the end, I would humbly say, every enactment must be accompanied by the social will to implement it, and that would come only from a society peopled with women, well informed of her position and of what the law guarantees for them, and further when the women have inspired themselves with the zeal to continuously work and struggle for the change, and finally must possess the grit and determination to carry on with the struggle until the goal is achived. For we must not forget that we are a nascent nation, wounded several times over the centuries by different conflicting civilizations, and are yet to breast the tape of complete social and economic development. Our legal system is still evolving in the midst of and through a plethora of laws, and we must ensure that evolving system also works.