GENDER RIGHTS VS PERSONAL LAWS: ISSUES AND CHALLENGES
of Discrimination Against Women (CEDAW) to recommend that research be undertaken to
evaluate the unremunerated domestic activities of women to quantify and include this in the
GNP (Sunder Rajan, 2015). While compensation and maintenance have to be an integral part
of gender justice, feminists emphatically claim that women deserve social security for their
life long contribution into maintaining families and nurturing it with their labour.
Just a social security for the rural poor is assured via a public works programme, such as
the employment guarantee schemes like MGNREGA, similar provisions should exist for
providing social security for women and other marginal individuals within the marital home
and family. In a society where all women’s lives are defined using marriage as a standard,
those who find themselves deserted and abandoned will be assured of a maintenance, that
seeking access to justice will prove less burdensome. In a situation where marriage is the
only means and sustenance for women, alternatives need to be provided by the state such
as housing facilities through working women’s hostels, preferential housing for single
women at reasonable rates, and short stay homes for migrant women (FAOW, 2017).
The civil law for protection of women against domestic violence does provide material
entitlements as a means of relief, including access to residence, monetary compensation, and
maintenance, thereby recognising the woman’s right and equal entitlement to the familial
space and relationship (NCW, 2022). However, it was a 30 year long drawn battle by
feminist activists, lawyers and scholars to achieve this deserved claim for justice from the
courts and society.
In the final analysis, given the impetus by the courts and a groundswell of articulations
that are rising from the margins, it can be hoped that the state will recognise the merit of
according women their rights and access to justice. On the other hand, if the forces of
conservatism prevail, as they are at present in an ascendence, with impunity accorded by the
state, then regressive forces are likely to shift the discourse in their favour. This would mean
the resurgence of patriarchal dominance, control of the heteronormative familial structure
over the dependent members of the family, lack of sustenance in the event of destitution
and desertion, lack of property or social security for women and children in such situations.
This would indeed reflect a sorry state of affairs for gender justice. Additionally, while
Ambedkar’s vision of secularisation and modernisation would stand compromised, the
developments on the contrary are worrisome at another level. In Maharashtra, the BJP-led
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