Despite several existing legislations, international and national human rights instruments, the Indian Penal Code (IPC), The Goa Civil Code and continued efforts to address gender inequality, and atrocities against women -- women still encounter discriminatory practices in varied forms.
In particular, to note here are cultural or customary practices such as widowhood or funerary practices, which is nowhere enjoined by any of the religions as an imperative duty - have continued to perpetuate the subordinate position of women despite all the progress that we have made as a State. Exclusion of widows is a stark reality that a few of our political leaders and sections of society are sadly in denial.
Moreover, widowhood practices are a violation of women’s rights to dignity and non-discrimination guaranteed in the Constitution of India (refer Art 14, Art 21).
Years after sati was abolished and years after The Commission of Sati (prevention) Act, 1987, Act no 3 of 1988 to provide for more effective prevention of the commission of sati and its glorification -- widowhood practices are prevalent even today irrespective of religious affiliations, which to my mind is nothing less than the commission of sati, which basically meant to wipe off the entire identity of the woman upon the death of her husband.
It is pertinent to note the Protection of Women From Domestic Violence Act, 2005 was enacted to provide for more effective protection of the rights of women guaranteed under the Constitution of India while recognizing four types of domestic violence: physical, verbal, and emotional.
The Hindu Succession Act of 2005 granted women equal inheritance rights to ancestral and jointly owned property. Moreover, The Widows (Protection & Maintenance Bill) BILL, 2015 to provide for the measures to be undertaken by the State for the protection and maintenance of neglected, abandoned and destitute widows by establishing a Welfare Board, is still in limbo.
The legal, social, cultural and economic status of widows which comprise over 10 percent of our population requires urgent attention of the government, given the extent and severity of the discrimination they experience. The practices are violating their human rights and the Constitution of India that ensures dignity of life and equality.
Neglected by social policy researchers, international human rights activists and the women’s movement, and consequently by Governments, the community is in need of urgent institutional reforms that ensure easy access to rights. While condemning the present state of this population, it is strongly urged that the government steps in to eliminate all forms of discrimination and violence against women.
The State government should urgently address prevalent discrimination, stigmatization and exclusion experienced in various communities by widows by firstly ending prevalent inhuman practices. Moreover, it is imperative that the government which lauds its efforts towards empowering women and bridging the inequality gap, should immediately intervene as discrimination and injustices against widows are obstacles on the path of gender equality, empowerment and their absolute realisation of human rights.
It is time the authorities take appropriate measures to establish legal processes to ensure that widows live with dignity and maintain their identities, and have full access to inheritance and social protection, as mandated by the Goa Civil Code. While there is a widow pension scheme in place in the State, the government should develop, strengthen and implement comprehensive social protection systems that take into account the needs of widows.
Inorder to bring this neglected population into the mainstream, it's members may be included to give inputs and suggestions while framing policy documents, welfare schemes, reservations or laws, inorder to bring their perspectives and lived experiences to the table.
The resolutions passed by over five panchayats of Goa after the path breaking move by Herwad in Maharashtra, it is imperative that the government, inorder to abolish such cultural discriminatory practices, legislate a policy that will promote gender equality and protect women from discriminatory practices in general.
Needless to say that such efforts will need to be supported by education and awareness campaign programmes targeted at correcting stereotypical attitudes towards women, through various government institutions.
It is imperative that the government adopts appropriate measures to address this issue. It is urgent that the State government sets an example to the rest of the country, by embarking on holistic, legal and social reforms that addresses the specific needs of these women.
With proper awareness and policies, we can hope to make strides towards the achievement of their rights.
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