Feminism Over Equality by Trisha Cherry Chakraborty

Introduction

I always think about the gender description since the day I was told about the differences between them. After that it comes to the equality and equal protection of law to any gender or person. I started reading my law books it’s said “Everyone is equal in the eye of the law”. In the Constitution of India Art.14 to Art.16 we get the description of the chapter Equality in Part -III.

Definition of Equality

Article 14 of the Indian Constitution states that   ”The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Article 15 Of the Indian Constitution says “Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

**Added by the Constitution of India (First Amendment), Act, 1951, S.2

Ins.by the Constitution (93rd Amendment) Act, 2005, S.2 (w.e.f. 20-1-2006)

Article 16 states –Equality of opportunities in matters of public employment.

** 1.Subs.by the Indian Constitution (7th amendment)Act,1956, S.29 and Sch for “Under any state specified in the first schedule or any local or other authority within its a territory, any requirement as to residence within that state.

2.Ins.by the Indian Constitution (77th amendment)Act 1995 S.2.

Article 17 of the Indian Constitution says Abolition of Untouchability.

Finally, Article 18 of the Indian Constitution states “Abolition of Titles”.

According to the law, the aspect of Equality has been stated. During the description of Equality in India, it is mentioned to treat all the individuals in an equal way despite of sex or caste or race. But unfortunately, there is a concept called “Feminism “becoming popular with less morale.

Let us study the concept and ideology of feminism in simple words and try to explain it in my own words. This will help the readers to understand this matter without hazards and complications.

Definition of Feminism

If we go in the stereotype description of Feminism we might not be able to finish this article in a short way. To be precise we should understand the explanation of the feminism chapter given by prof. off Sociology in United Nations would be that “Feminism would be a Myth”. In other words, we can say that Feminism is a term for woman Liberalisation Movement. To liberate woman is the objective of feminism. The society where a man always dominates a woman to institute his power, position strength or money. To break the laws of that dominants categories cruel class of men in the society. No doubt it is a sad story that in every minute 8 of a woman were either rape or domestically abused or beaten or even killed or molested. It can not happen or never let to happen because we live in a land of Raja s or Maharajas, Aryas and Kshatriyas warriors and in the land of her highness or in the Queen s land. Not only in India but feminism is a global concept of cyclone emerging all over. Feminism is a social movement which is trying to address or you can say a social justice movement But, the agony is most of the people don’t even know the proper meaning of Feminism not only India but globally as well.

Benefits

Law is derived from Manusmriti. Manu’s law is codified law in Indian history. It is necessary to govern the behavior of mankind. It is to protect the integrity and the softness of a woman who is tortured, plundered, abused, killed. Indeed to safeguard womanhood in order to protect the healthy biological race of mankind. The rights and the benefits can be mentioned like

1. Woman gets justice when suffered.
2. Woman can file complaints against any men in society without any fear or proof or evidence.
3. Woman gets protection from any kinds of threat or harassment when complained.
4. Sometimes mere verbal complain are also effective and the court takes full cognizance on it.
5. If in case of cheating in a relationship or false marriage promises can complain against her partner.
6. Woman have full choice to be isolated or for sexual preference.
7. For domestic violence or harassment is done by in-laws on a woman can also raise her voice.
8. She is always entitled to get moral, Cultural, Financial security by her husband.
9. She has the full right to claim her legal right on her husband’s and father’s property.
10. She can take custody of her children in case of a minor during a divorce or after divorce.

Consequences

So, far we have discussed the benefits of rights enjoyed by the female. Till here feminism didn’t raise up. It raises when there is any infringement of rights is done. Protests against the violation of her rights which the society sometimes also does take a stand and accept the position of a feminist ask for. Now I want to draw your attention to a different picture specified from my point of view. I was so much shocked and disheartened by the recent false cases filed U/S 498 IPC where most of the cases were sorted outside of the court. Negotiations are done in terms of rape cases for only money. Complainants demand a high amount of alimony without looking into their present financial conditions. The complaint of U/S 498 also demands rights on the ancestor’s property of the husband. Not only that since June 2019 and by the latest Judgement we can see how these domestic violence and dowry cases have been misused. Supreme Court in her recent Judgment has given strict rules and opinions for fake and misleading cases. Moreover as the benefits which have been discussed where it was only told about the protection if woman against the man. But the saddest part lies when there is a case of cheating or breach of trust or domestic violence or physical abuse no such punishment of a woman been described. These days due to feminist activist men’s not only suffer but they lead their life in worries. So much of men being the victim of many ruthless women loosing their dignity emotions separation from their children and sometimes doing suicide. Men feel helpless to asks guidance from law against a woman. It becomes a tragic story where a man doesn’t share their story to anybody because since childhood he has been taught “Not to cry”. Or “Man cannot have pain”. As there is no such effective substantial or procedural law to safeguard manhood from a harmful woman in the society.

The misleading and false cases of Rape molestation and Assault devastated many lives of men and including their family leads losing of power position dignity and even the life of a son or brother.

Promises are taken by both the gender in a relationship. So when a female complains is raised against a man severe steps are taken. But when the same promises are broken by a woman no such steps are taken because a man is always treated to move on. Thus, It leads to–

1. Raising up frustration, Suicide, Panic attacks, Depression.
2. False cases
3. Defamation.
4. Mental breakdown, Psychological disorders, Abnormalities.
5. Prostitution of male and female
6. Drug Addiction
7. Alcoholic.
8. Adultery
9. Criminal Activities
10. Child abuse.

Feminism over Equality

We all are humans. No matter if we are a man or a woman. We believe in one Constitution one country and the rights prevailed for humans in there. Human rights are the rights should prevail in society. Why gender? Why business? Why feminism? A rich educated female can call herself a feminist but for me, a poor lady who works in a construction building is more feminist than her because she is able to feed her whole family including her physically challenging husband who is bedridden. Who invested the thought of feminism as a controversy? why we forget the basic pillar of our society is of our biological cycle?

Crime does not see gender. Feminism does not mean to suppress manhood and challenge or torture the man in every single step. Feminism does not teach us to become a “Male hater” or to abet a man for suicide.

Conclusion

We practically can not lead a normal life after becoming a feminist activist. If it is so then perhaps we will forget to respect our brother, Father, Friend and our son. Before it is to late we should favour any concept of feminism over equality. Humanity what we look up to We have to treat all individuals equally. We have to emphasize our thoughts and should have compassion for each other. Man and woman are the two sides of a coin where one is incomplete without another. All women are not feminists but all feminists are mostly women, sometimes the man as well. One should bow before the law, Lord and his highness and the person he/she wants to be with. Nobody can dominate his/her own ideology on the law of nature. Nature neither or never will discriminate her law for a Man or a woman. Think twice is it oxygen or air or water or the sunlight or the food it is equally distributed as equality of a human. If one side proposes and another side disposes Mother Nature will never survive. Every individual is the survivors and fighting their own struggle in the Earth. My article is to enhance humanity in the Earth. This is to promote the remembrance of the individual struggle without whom life has not come so far on him or her. Do not engrosss the thought of extremists into the mindset of yourself or into the children. Love care and compassion are the ingredients we can leave for the next generation. So that the next generation could envy us for our contribution. It is my humble request to a of you that be gentle and kind equally to your driver and a lady housemaid or a doctor or a nurse or even a prostitute you see next time. Because you never know what struggle he or she is fighting to survive.

About the Author – Trisha Cherry Chakraborty, student of   Dhanbad Law College. She is also an well known Social activist.