Gender Justice and Legal Reforms in India: An In-depth Analysis

INTRODUCTION

A just and equitable society, where all people have equal rights and opportunities regardless of gender, continues to be based on gender justice. The path to gender justice in India has been a protracted and complex one, characterised by important law changes and court rulings meant to rectify injustices and inequality based on gender. This article explores the idea of gender justice, looks at significant legal changes that have occurred in India, and talks about new legal developments that are still influencing the field of gender equality.

UNDERSTANDING GENDER JUSTICE

Gender justice means treating all genders equally and making sure that laws, regulations, and social norms do not discriminate on the basis of gender. Gender-based violence, discrimination, and inequality are to be eradicated, and it takes into account multiple dimensions such as economic, social, political, and cultural factors. De jure (legal) and de facto (practical) equality are necessary for achieving gender justice, and this calls for strong legal frameworks and their efficient application.

KEY CONCEPTS

1. Gender-Based Violence:

Harmful acts committed against a person because of their gender are referred to as gender-based violence or GBV. Its foundations are damaging norms, power abuse, and gender inequity. GBV encompasses threats, coercion, physical, sexual, and psychological abuse, as well as economic deprivation that takes place in both private and public settings. Since GBV directly violates fundamental human rights, addressing it is crucial to attaining gender justice.

2. Discrimination and Inequality:

When resources, opportunities, and rights are denied due to unfair or biassed treatment based on a person’s gender, this is referred to as discrimination. Pay disparities, a lack of representation in leadership positions, and restricted access to healthcare and education are just a few ways that gender inequality shows up. Ensuring that individuals of all genders may engage fully in society requires the eradication of prejudice and inequity.

3. De Jure and De Facto Equality: 

When legal frameworks are created to grant equal rights and opportunities to all genders, it is referred to as de jure equality. Conversely, de facto equality refers to how these rights are realised in real life. Legislation may provide equality, but changing cultural norms, attitudes, and structural obstacles that support gender inequality is necessary to achieve de facto equality.

HISTORICAL CONTEXT OF GENDER JUSTICE IN INDIA

The fight for gender equity in India dates back to the colonial era, when activists such as Raja Ram Mohan Roy led campaigns against customs such as child marriage and sati. Articles 14, 15, and 16 of the Indian Constitution, which forbid sex-based discrimination, ensure equality before the law, and provide equal chances in public employment, set the groundwork for gender equality after independence.

KEY LEGAL REFORMS FOR GENDER JUSTICE

1. Hindu Codes Bill (1955-56):

Gender equality within the Hindu community was the goal of these historic laws that altered Hindu personal laws, giving women rights in marriage, divorce, and inheritance.

2. The Dowry Prohibition Act, 1961:

The goal of this Act was to outlaw dowries, which have been a major contributor to violence against women. The persistence of dowry-related harassment and fatalities calls for strict enforcement as well as public awareness.

3. The Protection of Women from Domestic Violence Act, 2005:

This extensive statute protects women from all types of domestic violence, including financial, emotional, sexual, and physical assault. It guarantees women’s right to live in a shared household and includes women in live-in relationships.

4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

This Act was passed in response to the historic Vishaka ruling (1997), which aimed to shield women from sexual harassment at work. It provides guidelines for grievance procedures and requires that Internal Complaints Committees (ICCs) be established within organisations.

5. Criminal Law (Amendment) Act, 2013:

This legislation, also referred to as the Nirbhaya Act, significantly altered the laws pertaining to sexual offences by tightening the penalties for voyeurism, acid assaults, rape, and stalking as well as by redefining consent.

6. The Maternity Benefit (Amendment) Act, 2017:

To help women balance work and motherhood, this amendment extended the maternity leave for working women from 12 to 26 weeks and added provisions for childcare centres and work-from-home opportunities.

7. Transgender Persons (Protection of Rights) Act, 2019:

This Act affirms transgender people’s rights by outlawing discrimination against them and guaranteeing them access to public services, healthcare, work opportunities, and education.

RECENT LEGAL DEVELOPMENTS IN GENDER JUSTICE

1. Decriminalisation of Section 377 of IPC:

In a landmark decision rendered in 2018, the Supreme Court recognised the rights of the LGBTQ+ community and upheld the values of equality and nondiscrimination by decriminalising consensual homosexual relations between adults.

2. Sabarimala Temple Entry Case:

The Sabarimala temple’s policy of prohibiting menstruation women from visiting was declared unlawful by the Supreme Court in 2018, highlighting the principle that religious customs cannot infringe upon fundamental rights.

3. Triple Talaq:

Instant triple talaq, also known as talaq-e-biddat, was deemed unconstitutional in 2019. As a result, the Muslim Women (Protection of Rights on Marriage) Act, 2019 was passed, rendering the practice illegal.

4. Sexual Harassment in Judiciary:

The significance of accountability at all levels has been emphasised by discussions on the necessity of open and unbiased channels to handle complaints of sexual harassment in the judiciary in recent years.

5. Women in Armed Forces:

The Supreme Court upheld women’s employment and career development equality in 2020 when it ordered the government to give female Army commanders permanent commissions.

6. Reproductive Rights:

The Medical Termination of Pregnancy (Amendment) Act, 2021, acknowledged women’s reproductive autonomy and broadened the scope of permissible abortion services by permitting terminations up to 24 weeks in some circumstances.

CHALLENGES AND WAY FORWARD

Despite significant legal reforms, several challenges hinder the achievement of gender justice in India:

1. Implementation Gaps:

• Infrastructure Deficits: Sturdy infrastructure is necessary for the efficient application of laws, and this includes sufficient facilities for filing complaints and reporting them. There is insufficient infrastructure in many Indian regions, especially in rural areas, to facilitate the implementation of legislation pertaining to gender justice.
• Lack of Training and Awareness: People frequently lack training regarding gender justice laws and rights, particularly in marginalised communities. Law enforcement personnel, judges, and the general public must all participate in training programs to guarantee that gender justice legislation is comprehended and applied correctly.
• Social Opposition: Legal reforms are frequently met with resistance from deeply ingrained patriarchal societal norms and attitudes. It is difficult to gain broad acceptability and compliance for gender equity laws because those who stand to gain from the current quo usually oppose its implementation.

2. Patriarchal Norms:

• Effect on Social Behaviour: Patriarchal standards have an impact on how people view and engage with gender roles in both communities and individuals. These standards support prejudices and preconceptions that harm women and other marginalised genders, resulting in violence and discrimination.
• Discrimination and Violence: Gender-based violence and discrimination are sustained in part by patriarchal beliefs. It takes a cultural revolution that supports gender equality and dispels damaging preconceptions to address these views.
• Need for Cultural Change: Beyond merely enacting new laws, gender justice needs a cultural revolution. This entails advancing gender-sensitive education, supporting gender-neutral media portrayals, and cultivating atmospheres that uphold gender equality.

3. Judicial Sensitivity:

• Gender Sensitivity in the Judiciary: The judiciary is essential to maintaining gender fairness. Fair adjudication of disputes about gender requires judges and solicitors to be sensitive to gender issues.
• Fair Handling of Cases Associated with Gender: Courts that are sensitive to gender issues can handle cases involving discrimination, violence against women, and other gender-related concerns more compassionately and fairly.

4. Access to Justice:

• Financial Barriers: A lot of women and other marginalised people have trouble affording the legal system. Financial assistance, accessible legal representation, and legal aid services are essential to guaranteeing that no one is prevented from seeking justice due to a lack of resources.
• Social Stigma: People are frequently discouraged from pursuing justice because of the social stigma attached to reporting discrimination and abuse against women. Campaigns for public awareness and surroundings that are friendly can aid in lowering stigma and promoting reporting.
• Legal Literacy and Support Systems: Raising people’s understanding of the law through education and awareness campaigns can give them the confidence to know their rights and pursue justice. In addition, creating support networks like shelters and counselling services can help people impacted by discrimination and violence against women by giving them the help they need.

5. Policy Recommendations:

• Strengthening Legal Frameworks: It is crucial to keep examining and bolstering legal frameworks to handle new concerns about gender justice. This entails making necessary updates to present laws and passing new ones that take into account socioeconomic realities.
• Improving execution procedures: Robust procedures for accountability and monitoring are necessary for the effective execution of gender justice laws. Compliance can be improved by establishing impartial organisations to supervise enforcement and handle complaints.
• Encouraging Gender Education: Gender equality can be promoted by integrating gender education into school curricula and by encouraging opportunities for lifelong learning. Education helps dispel myths, encourage critical thinking, and provide people with the tools they need to speak up in favour of gender equity.

CONCLUSION

In India, the pursuit of gender justice is a continual process that calls for consistent societal change, efficient legal reforms, and effective execution. Even though there have been great advancements, there is still much work to be done to attain full gender equality. To create a society that is more just and equal for people of all genders, the legislation, the courts, and civil society must make a commitment.

AUTHOR- Veerjot Kaur, a student at University Institute of Legal Studies, Panjab University, Chandigarh

FREQUENTLY ASKED QUESTIONS (FAQs)

1. What is gender justice?

Gender justice refers to the fair treatment of all genders, ensuring that societal norms, laws, and policies do not discriminate based on gender. It aims to eliminate gender-based violence, discrimination, and inequality, ensuring equal rights and opportunities for everyone.

2. What did the Supreme Court decide in the Section 377 IPC case?

In 2018, the Supreme Court decriminalized consensual homosexual acts between adults, recognizing the rights of the LGBTQ+ community and affirming the principles of equality and non-discrimination.

3. What is the significance of the Sabarimala Temple entry ruling?

In 2018, the Supreme Court ruled that the practice of excluding women of menstruating age from entering the Sabarimala temple was unconstitutional, emphasizing that religious practices cannot violate fundamental rights.

4. How did the Triple Talaq case impact gender justice in India?

In 2019, the practice of instant triple talaq (talaq-e-biddat) was declared unconstitutional. The Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted, making the practice a punishable offence, thereby protecting the rights of Muslim women.

5. What role does the judiciary play in promoting gender justice?

The judiciary plays a crucial role by interpreting and enforcing laws, protecting fundamental rights, and ensuring that legal reforms are implemented effectively to promote gender equality and justice.

6. How does gender justice contribute to societal development?

Gender justice contributes to societal development by ensuring that all individuals have equal opportunities to participate in economic, social, and political life, leading to a more inclusive, equitable, and prosperous society.