Neitsho Wezah & Temjenrenla Aier
Kohima Law College
The postponement of the Municipal & Town Council Election in Nagaland moved by the State Assembly draws our attention & resort to raise our thoughts as to how and why women are not given their due civil and political rights.
Where article 16(2) of the constitution mandates that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them be ineligible for of discrimination against in respect of any employment or office under the state.
As being directed and guided by the constitution, various revolutionary laws giving equal status to ‘women’ with ‘men’ having been enacted in order to remove all disparities, dissimilarities and discrimination against women, for instance, the Equal Remuneration Act 1976, The National Commission For Women Act 1990, which has been entrusted with the task of presenting to the central government the problems of women, the deprivation of their rights and report as to their progress and development.
The United Nation Organization in its very initial stage of its constitution, in 1947, in the Charter of the United Nation, declares as to equality of men and Women. Then in the Universal Declaration of Human Rights, 1948, it was declared in article 2 that ‘everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, languages, religion, political or other opinion, national or social origin, property, birth or other status’.
This Universal Declaration has given varied human rights equally applicable to men and women, however, this declaration has no binding effect or force on the member states. The American representatives in the United Nation frankly stated: - in giving our approval to the declaration today. It is of primary importance that we keep clearly in mind the basic character of the document, it is not a treaty, not a international agreement it does not purport to be a settlement of law or of legal obligation, it is a declaration of specific principles of human rights and freedom to be stamped with the approval of the of achievement for all people and nations.
The International Covenant on Civil and Political Rights 1966, clearly stated that the state parties to the present Covenant undertake to ensure the equal rights of men and women to the enjoyment of all civil and political right set forth in the present covenant. Also, in the same spirit the International Covenant on Economic, Social and Cultural Rights 1968, declares in article 10 that ‘the state parties to this covenant recognized that the widest possible protection and assistance should be accorded to the family, which is the natural and fundamental unit of society particularly for its establishment and while it is responsible for the care and duration of dependent child, marriage must be entered into with the free consent of the intending parties.
When women are capable of making, why should we deprive their liberty? Give them a chance to exercise the rights (Civil and Political) conferred by the mandate Constitution of India, as we are all governed by the law.
We aren’t against any organization or state parties but we being and ‘Agent Change’. We want to seek and fight justice for all the people irrespective of sex, race or religion. As a saying goes, ‘those who makes laws, breaks laws’. Let this notion not conquer us. Article 32(4) mandates, the rights guaranteed by this article shall not be suspended except as otherwise provided for by the constitution.
And lastly, India is a signatory to CEDAW (Committee on the Elimination of Discrimination Against Women) 1967, which directs all state parties to take appropriate measures to prevent discriminations of all forms against women.
Thus, the reservation of women in Parliament, State Legislature, Municipal, Town Council which is in progress in India is and will be serving as the most important Act for safeguarding the Rights of the Women and for the welfare of the people in general.
