GENDER JUSTICE
Introduction
AT THE NORMATIVE HEART OF FEMINISM lies the belief that nobody should be disadvantaged because of their sex. Here I propose and defend a principle of gender justice meant to capture the nature of a very wide range of injustices based on gender. The first model, centered on equality between women and men, consists in empowering women to enjoy all the “good things of life” that men have traditionally enjoyed. The second model, centered on difference, consists in discovering, explaining and enhancing the value of what has long been deemed “women’s lifestyles”.
- “Gender equality is more than a goal in itself it is precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance”. ____Kofi Annan
- “I believe that the rights of women and girls are the unfinished business of the 21st Centaury”. ____Hillary Clinton
- “A political struggle that does not have women at the heart of it, above it, and within it is no struggle at all”. ____ Arundhati Roy
What is gender justice?
- In a complete sense, gender justice refers to equal treatment of both men and women and that justice to the faire sex no society can progress without gender justice as it particularly concerns work places and families providing a frame work of human rights as a stepping stone of liberalization, equality, empowerment to all gender and identities leading to societal transformation.
- Gender equality is when people of all genders have equal rights, responsibilities and opportunities. Everyone is affected by gender inequality- women, men, transgender diverse people, children and families it impacts people of all ages and backgrounds.
- We need gender equality urgently. Gender equality prevents violence against women and girls. It’s essential for economic prosperity. Societies that value women and men as equal are safer and healthier.
- Women and girls represent half of the world’s population and, therefore, also half of its potential. Gender equality besides being a fundamental human right, is essential to achieve peaceful societies, with full human potential and sustainable development. Moreover, it has been shown that empowering women spurs productivity and economic growth.
- Gender equality seems like a faraway dream these days. While progress has been made, the numbers from groups like UN women tell discouraging story. Over 2 billion women don’t have the same employment options as men. At the current rate, it will take about a century to close the global pay gap. While human trafficking affects men and women, women and girls make up over 70% of the world’s human trafficking victims. In the face of this data, gender equality needs to be a priority.
The scope of gender injustice
It is hard to dispute that women and men are equally entitled to just treatment and that, when someone suffers injustice because of their sex, they are victim of gender injustice. But the exact definition of gender injustice and therefore the scope of gender injustice are easy to identify. In many countries some kinds of violence against women are particularly high, often women receive lower pay than men for the same work and in some countries women still do not have legal rights equal to those that men hold.
Over the years, the Indian judiciary has delivered numerous landmark judgments that have advanced gender justice-
- Vishakha v. State of Rajasthan (1997): In this case the Supreme Court of India laid down guidelines to prevent sexual harassment of women in the workplace. These guide lines are also called as vishakha guide lines.
- Navtej Singh Johar v. Union of India (2018): This historic judgment decriminalized homosexuality in India by striking down Section 377 of the Indian Penal Code, which criminalized consensual same-sex relations. The judgment was a significant step toward recognizing the rights and dignity of LGBTQ+ individuals, including women.
- Vineeta Sharma v. Rakesh Sharma (2020): This judgment clarified the
legal rights of Hindu daughters in matters of ancestral property. It affirmed that daughters have equal rights as sons in ancestral property, irrespective of whether the father was alive or not at the time of the amendment to the Hindu Succession Act.
- Joseph Shine vs Union of India (2018): This landmark judgment challenged the constitutional validity of Section 497 of the Indian Penal Code (IPC), an archaic law that criminalized adultery, defining it as a crime committed solely by a man having sexual intercourse with a married woman without her husband’s consent.
CONCLUSION
The right to equality enshrined under article 14 of the constitution of India is applicable to all genders equally. However, reality presents a dismal picture of discrimination towards women and the LGBTQ community. Denial of equality of women and the LGBTQ community has raised the need for gender justice.
AUTHOR:- SHAHEEN MOGHAL, a Student of JAGARLAMUDI CHANDRAMOULI COLLEGE OF LAW
