Learning from the Indian Judiciary: New Directions for Securing Nigerian Women’s Right to Dignity

Abstract

Nigeria and India are both former British colonies. They are the largest democ-racies in Africa and Asia respectively. They practise multiple legal systems. Both are third world countries and they also lean strongly to patriarchy and socio-reli-gious mythology. Their women, constituting nearly half of their population, suffer indignity, frequent invasion of sexual independence as well as humiliations, arising typically from patriarchal mindsets, ancient customary practices, castes, as well as beliefs in certain socio-religious mythologies which diminish the self-worth and dignity of women. On the basis of some of these abuses, both countries are in-gloriously perceived as dangerous places for women to live in. Further, Nigeria is often ridiculed for being “notorious for violating international agreements”! This paper highlights certain abuses of the right to dignity of women in Nigeria and India (as a mirror of most African and Asian women) and examines the advances in the legal protection to women’s dignity, especially the inherent constitutional, judicial and legislative advances in India which hopefully may serve as useful lessons for Nigeria and other developing countries. Wherever necessary, reforms have also been suggested for India. It is sincerely hoped that this assessment will influence a shift to a new order in the protection of the right to dignity of wom-en, especially in Nigeria.