India may be one of the few countries where severe restrictions are still enforced upon women. The situation of widows came to symbolise this, and constitutes for Human Rights activists, a justification for intervention. The focus of this essay is on the importance of religion, and why it is essential in being able to explain the women's status in the past, the present and the future. From a non-Indian point of view, issues such as the stripping of property, the hatred surrounding Indian widows' current position, and the overall destruction of women's independence, constitute a relegation of women to the status of sub-humans, and a breaking of Domestic and International Law. I argue that today, whilst Hinduism is deeply entrenched in the country, any Human Rights approach is distinctively secular and does not have sufficient regard for the importance of Religion in one's way of being.
[...] Dumont Louis (1966), ‘Homo Hierarchicus:The caste System and its Implications'.Paperback Gearon Liam (2002), ‘Human Rights and Religion. A reader.' Sussex Academic Press. Geertz Clifford (1973), interpretation of cultures', Basic Books. Juergensmeyer, M (1982), ‘Religion as Social Vision: The movement against untouchability in 20th century.', University of California Press. Knott, K. (1998) ‘Hinduism: A very short Introduction', Oxford University Press.Menski Werner (1998), ‘South Asians and the Dowry Problem. Germs N.6', Trentham Books. [...]
[...] They are considered a deep source of shame, causing extreme reactions in proportion to the sense of shame they bring on other members of the community. Such social pressure and sense of shame would partly justify and explain the origin of a custom like Sati8. 6 Priests 7 Manu, V The term refers to the ritual of ‘burning widows' In recent years, The United Nations and various Human Rights organisations have tried to promote awareness amongst the International community regarding the claim that Indian women are suffering from a cruel and inhuman treatment. [...]
[...] It would be very optimistic and maybe even inconsiderate to believe that a non-Hindu approach, when possible, could fulfil the criteria for such a change to occur. Besides, in terms of the importance of Human Right's groups, they would have a better impact if their main application was focused on refereeing or assisting, rather than deciding and offering pre- 18 Found in Human Rights and Religion, see ‘References' packaged solutions. Failure to do so would just confirm a mutual misunderstanding, and the non- universality of the Human Rights concept. [...]
[...] In order to condemn such a situation, one must agree that the Precept of Manu includes violations of Domestic and International Law. Firstly, the preamble of the Indian constitution openly declares India as a ‘sovereign secular democratic republic, which secures liberty of thoughts, expression, belief, faith and worship to all citizens'9. As mentioned by HRW10, term secular, in the Indian context, has come to imply equality of rights for all, regardless of religion, religious freedom, and the rejection of discrimination based on religious belief.' The Indian penal code is also meant to make punishable any violation of the constitution, and is also promising to provide protection to religious minorities. [...]
[...] Human rights in India - the status of women ‘Waiting to die on banks of a river of salvation'* India may be one of the few countries where severe restrictions are still enforced upon women. The situation of widows came to symbolise this, and constitutes for Human Rights activists, a justification for intervention. The focus of this essay is on the importance of religion, and why it is essential in being able to explain the women's status in the past, the present and for the future. [...]
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