AUTHOR:
This article has been written by Geetanjali Seth, a student of NMIMS law school, Mumbai campus.
TOPIC NAME:
Critical analysis of gender discrimination in India
INTRODUCTION
Gender Discrimination subsists in Indian economy and prevails in all sectors of life like health,education,economics and politics.Men have always had the upper hand in these fields,depicting how deeply patriarchy is entrenched in India.Even though gender equality soars to great heights in the post-independence era,many steps have been taken in various sectors of life to bridge the gap between man and women and to bring them up to the same level.
Gender discrimination simply means the situation in which people are treated differently only because they are male or female,rather than on the basis of their individual only because they are male or female,rather than on the basis of their individual skills or capabilities.It has been a social issue in India for centuries.That in many parts of India,the birth of a girl child is not welcomed is a known fact.It is a known fact too,that discrimination starts from even before the girlchild is born and sometimes she is killed as a foetus and if she manages to see the light of the day,she is killed as an infant which makes up the highly skewed child sex ratio where for every 1000 boys in India,there were only 908 girls.In such a scenario,it is obvious that for myriad reasons,many girls across the country are forced to drop out of the school.Patriarchical norms have marked women as inferior to men.A girl child is considered as a burden and is often not even allowed to see the light of the world.It is hard to imagine this state of affairs in the 21st century when women have proved to be strong leadersin every field possible.From wrestling to business,the world has been revolutionised by exceptional women leaders in fields that were until recently completely dominated by men.
Across India gender inequality results in unequal oppurtunities, and while it impacts on the lives of both genders,statistically it is girls that are the most disadvantaged.Globally girls have higher survival rates at birth,are more likely to be developementally on track,and just as likely to participate in preschool,but India is the only large country where more girls die than boys. Girls are more likely to drop out of school.
CASE LAWS ON GENDER DISCRIMINATION:
Shah Bano vs Mohammad Ahmed Khan:Emphasized the maintainance rights of Muslim women,setting a precedent for gender justice within personal laws.
Vishaka vs State of Rajasthan(1997) Introduced the Vishakha guidelines to combat workplace sexual harassment.
Gaurav Jain vs Union of India Recognized the rights of children born to prostitutes,emphasizing the state’s duty towards women in distress.
Joseph Shine vs Union of India:Decriminalized adultery,underlining women’s autonomy and equality in marital relations.
Shayara bano vs Union of India:Declared the practice of “Triple Talaq” unconstitutional,safeguarding the rights of Muslim women.
Navtej Singh Johar vs Union of India:promoted gender justice by decriminalizing homosexuality.
TYPES OF GENDER DISCRIMINATION
There are various types of gender discrimination involving economic,social and other types of inequalities that could be related to wages,salary etc.Gender discrimination could also involve women being treated unfairly or tortured harassed and not given proper wages as compared to men.Justice would not have been deemed to be done to them then properly and specific legislations could be enforced to justify the fact that both the sexes have to be treated on an equal footing with due resoect.Obviously in a male dominated society,it is of prime importance that both the sexes be treated fairly.Inequalities with respect to wages is an important part but there are other types also like justice is not given to women whose rights have been deemed to be violated.
SPECIFIC LEGISLATIONS TO BE ENFORCED TO CHECK UPON GENDER DISCRIMINATION:
Specific legislations ought to be enforced like the Equal Remuneratin Act of 1961 and the Sexual Harrasment of Women at Workplace (Prevention,Prohibition and Redressal)Act of 2013 guarentees these rights to women
The Women’s Reservation Bill or the Constitution’s 108th Amendment Bill is a pending bill in which India plans to reserve 33 percent of seats in the Lower house of Parliament of India,Lok Sabha,and in all state legislative assemblies for women.The Rajya Sabha or the Upper House of Parliament has not yet voted on this Bill.
The Maternity Benefit Act 1961:an amendment was made in 2017 to the Maternity Benefit Act,1961.Under the Act,paid maternity leave for women employees with less than two surviving children,from the original twelve weeks to twenty six weeks was extended.The amendment further provided working mothers who have adopted a child below the age of three months,to take 12 weeks of maternity leave from the date of receiving the child and also allowed mothers to work from home.
CONCLUSION:
In conclusion, gender discrimination is a serious issue that needs to be tackled.Even in the rural areas with illiterate homes,villages and places where women are being dominated by men,specific legislations have to be implemented that would provide rights to women in terms of proper justice that would be conveyed to women.Women should be informed of their rights and should be told about the same.
FAQ:
To what extent has gender discrimination affected the country?
Gender discrimination although laws are being implemented yet is a sign of poverty an illiteracy and should be checked.Although in many fields women are still progressing well a lot more has to come.
