Laws meant to protect women largely remain ineffective, rather endanger lives of the victims

Do women have the power to make independent choices about their bodies? Perhaps, bodily autonomy for women is still a distant reality. This year's UNFPA's State of World Population Report 2021 titled 'My Body is My Own' alerts us to how women are being prevented from making free choices about their lives, living and bodies. Dr. Natalia Kanem, Executive Director of the UNFPA, implored that "The denial of bodily autonomy is a violation of women and girls' fundamental human rights….it is nothing less than an annihilation of the spirit, and must stop".

Women enjoy 75 per cent of the legal rights of men. Forty-five per cent do not have power to decide on contraception, healthcare and whether or not to have sex with their partners. Among 57 countries surveyed in central and south Asia, under 50 per cent have control over their bodies. Though, India was not one surveyed, as per its location it falls in this category.

Eighty per cent of countries have laws supporting sexual health and 56 per cent, sexuality education. Twenty countries have 'marry-your-rapist' laws that allow a man to escape criminal prosecution. Forty-three countries have no marital rape legislation, while over 30 countries restrict women's right to move outside the home.

In India, 12 per cent of currently married women (15-49 years of age)make independent healthcare decisions, 63 per cent decide jointly and for 23 per cent, the spouse decides, according to National Family Health Survey-4. Only eight per cent of currently married women decide on use of contraception, while 83 per cent decide jointly with their spouse. The NFHS-5 data, however, showed encouraging trends with an overall increase in contraceptive prevalence rate (CPR)in most States and women's decision-making power with regard to health, major household purchases and visiting relatives. 

India has a strong jurisprudence on reproductive rights where reproductive choices are read within the personal liberty guaranteed under Article 21 of the Constitution. The Supreme Courthas said that "reproductive rights include a woman's entitlement to carry a pregnancy to its full term, to give birth, and to subsequently raise children; and that these rights form part of a woman's right to privacy, dignity, and bodily integrity". But the recently passed the Medical Termination of Pregnancy (Amendment) Bill, 2020 falls short of giving a woman full authority in deciding if an abortion is required after 24 weeks and relegates it to a board of specialists. It has been called 'retrograde'and against the'global trend', as over 60 countries allow women to get an abortion on request at any point in the gestation since medical technology has advanced to allow safe abortions at advanced stages of pregnancy.

On the other hand, domestic violence is deeply entrenched in Indian patriarchy and about 70 per cent of women are its victims. According to the 'Crime in India' 2019 report, a woman is raped every 16 minutes, and every four minutes experiences cruelty at her in-laws' hands.About 99.1 per cent of sexual violence cases go unreported and an Indian woman is 17 times more likely to face sexual violence from her husband than from others.

Many argue that various laws meant to protect women largely remain ineffective, rather they endanger the lives of the victims, while perpetrators often go scot-free. Despite the JS Verma committee recommendations in the aftermath of the December, 2012 gang-rape case, marital rape is yet to be criminalized. A 2020 study found that among 54 Commonwealth countries, 35 still apply some form of marital exemption to criminal sexual offences and play the 'marry your rapist' to 'get-out-of-jail-free' card. It is worth mentioning the purported remark of a judge — later clarified as 'misreported' — hearing the bail request of aMaharashtra Government employee accused of raping a schoolgirl if he would marry the victim. It sparked outrage underlininig the need for 'gender sensitisation in judiciary'.

Now, the 2021 UNFPA report underscores that 'a woman who has control over her body is more likely to be empowered in other spheres of her life also', and that the lack ofit "often compels them into terrible bargains like unwanted sex for a home or food" and calls for transforming existing socio-economic power structures that breeds discrimination.

In India, there is no dearth of schemes or programs for empowerment of women and girls. Yet, they are not able alter the ground situation drastically. What is needed is change in the mindset at the micro level, beginning with the family, with parents valuing a girl and a boy equally.

The author is Former Director-General, Doordarshan& All India Radio and Former Press Secretary to the President of India. The views expressed are personal.