Author: CHAPATI MEGHANA 3 Years LLB 2nd year Sri Padmavathi mahila Vishwa vidyalayam.
ABSTRACT
Gender equality means that people of all genders are free to pursue any career, lifestyle, or abilities they desire, regardless of their gender. The Universal Declaration of Human Rights, adopted on December 10, 1948, by the United Nations General Assembly, incorporated it into international human rights law. Gender inequality leads to unequal opportunities across India, and while both genders are affected, women are statistically the most disadvantaged. Although our constitution plays a pioneering role in ensuring gender equality, it is doubtful how effective it is in preventing gender discrimination. The primary aim of this article is to look into various provisions and legal frameworks in India enacted to prevent gender inequality. It also sheds light on various challenges hindering the goal of gender equality. This article also gives an understanding of the effectiveness of the legal safeguards against gender inequality pointing out some of the major problems. It also provides some possible measures that can be taken to prevent the gender gap. Furthermore, it gives a comprehensive picture of India’s standing on gender equality. But in the efforts to achieve the goal of gender inequality, is India favoring women over men? It’s time we brought in the concept of gender- neutrality in society.
– Keywords: gender equality, gender inequality, discrimination, women, men
INTRODUCTION
Gender equality implies having equality in rights, responsibilities, and opportunities, access to resources, political and economic participation, and decision-making among genders. Everyone is affected by gender inequality such as women, men, trans, gender diverse people, children, and families. There persists a worldwide gender gap and India is no exception. Gender equality is an important factor in the overall development of any country. Also, achieving the goal of gender equality is no easy task, but, the important steps that can be taken to this concern involve promoting equal respect for all genders, actions against sex trafficking, femicide, gender pay gap, etc. In this modern era, practices of gender equity and gender neutrality have shown quite a progress in society. It is also to be noted that there have been several initiatives developed to estimate gender inequality across the world, This involves the Gender Inequality Index by the United Nations Development Programme, and the Global Gender Gap Index by the World Economic Forum among others, which statistically indicate gender disparity collecting information of various gender discrimination in various aspects. This has been a very operative tool in tackling gender inequality among countries and helping them to look into the problems and improve their standing globally. Such schemes have an unquestionable impact on the political, social, and economic advancement of the world.
Gender equality in India is defined as having equal access to enough resources and opportunities regardless of gender, as well as equally valuing different behaviors, desires, and needs. It’s all about being on an equal footing in all aspects of life. Gender equality is a fundamental human right and a necessary foundation for a world that is peaceful, wealthy, and sustainable. Despite its efforts and numerous legal frameworks, India continues to lag behind many other countries in achieving gender equality.
GENDER EQUALITY AND CHALLENGES IN INDIA
Gender inequality in India is a complex topic that has affected both men and women in the past and present. In India, numerous forms of gender inequality emerge for a variety of causes. Gender disparity in Indian society is rooted in the patriarchal system, which discriminates against women in areas such as education, health, choice, and labor. The male-dominated society’s view of gender roles has kept women from progressing. Another important factor contributing to gender inequality is discrimination against girls and a preference for sons, who are deemed more useful than girls. As a result, boys are given exclusive rights to inherit the family name and property, and they are viewed as a status symbol for their family. Countless women are forced to work in low-paying domestic services, organized prostitution, or as migratory laborers as a result of poverty and a lack of education. The practice is common across all regions, classes, and religions. In India, the dowry system leads to gender inequality by instilling in families the belief that females are a burden. Women have likewise been maintained on a lower level than men. India has witnessed several women’s movements and protests against gender discrimination. The history of India has been furnished with numerous reforms for the upliftment of women and has created a huge impact in tackling the problem of gender equality but still, there has not been a complete eradication of gender inequality and the problems continue. If women in the past were subjected to issues of illiteracy, labor participation, etc., the women of the present modern period are exposed to discrimination in workplaces. Apart from these, the other challenges hampering India from attaining gender equality involve, lack of access to credit, gender-based violence, lack of awareness, etc. contributing to gender inequality.
Despite continuous performance on gender equality, the country’s legal ranking in this area has dropped to 124th out of 190 nations in 2022, according to World Bank research, showing that there is still a long way to go. Gender inequality is particularly terrible not just because it denies women access to basic social opportunities, but also because it jeopardizes future generations’ lives.
LEGAL AND CONSTITUTIONAL SAFEGUARDS FOR GENDER EQUALITY
The Preamble to the Indian Constitution outlines the goals of establishing social, economic, and political justice for all people, as well as giving equality of position and opportunity to everyone. In terms of Articles, Acts, and other State initiatives, there are numerous frameworks.
- Constitutional Articles:
Article 14 ensures equality before the law, Article 15 outlaws discrimination based on sex, as well as other criteria like religion, race, caste, and place of birth, and Article 15(3) authorizes the state to make any specific provision for women and children. Article 16 grants equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Furthermore, the Directive Principles of State Policy include several provisions that benefit women and provide safeguards against discrimination, such as the right to an adequate means of livelihood for both men and women (Article 39(a)) and equal pay for equal work for both men and women (Article 39(d)).
- Legal Provisions under the Indian Penal Code of 1860:
The major crimes identified under the Indian Penal Code (IPC) 1860, which primarily aims to protect women include:
- Rape (Sec. 376 IPC)
- Kidnapping & Abduction for different purposes (Sec. 363-373)
- Homicide for Dowry, Dowry Deaths, or their attempts (Sec. 302/304-B IPC)
- Torture, both mental and physical (Sec.498-A IPC)
- Molestation (Sec. 354 IPC)
- Acid attack (Section 326A)
- Act with intent to disrobe a woman (Section 354B)
- Sexual Harassment (Sec. 509 IPC)
- Acts:
The parliament also ensures that various acts are brought in the best social interest of preventing discrimination between genders, eliminating exploitation of women, and giving them equal status in society. Such legislations include The Sati (Prevention) Act 1987 was enacted to abolish and make punishable the inhuman custom of Sati and The Dowry Prohibition Act 1961 to eliminate the practice of dowry. The Special Marriage Act 1954 provides rightful status to married couples who marry inter-caste or inter-religion. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Bill (was introduced in Parliament in 1991) and passed in 1994 to stop female infanticide. These are some of the major milestone legal provisions that were enacted against gender inequality. Apart from these are many other Acts such as The Prohibition of Child Marriage Act 2006, The Equal Remuneration Act 1976, The Medical Termination of Pregnancy Act 1971, and The Protection of Women from Domestic Violence Act 2005 among others.
However, laws that are exclusive to women, often implemented as a means of addressing gender disparities and historical injustices, can have various effects on men. It’s important to note that these laws are typically introduced to promote gender equality and correct historical imbalances. However, they can lead to concerns or unintended consequences for men. To state a few examples, The Rape in IPC starts with A ‘Man’ is said to commit “rape” if he:…..
In this, it’s important to understand that according to IPC rape is only committed by men against women. This gender-specific language has been criticized for not recognizing the possibility of men being victims of rape and women being perpetrators. Sec. 354B of the IPC addresses the use of criminal force against women with the intent to disrobe them. While the intention behind such legal provision is to protect the dignity and modesty of women, if they had made it gender-neutral there would be no less protection to women. Sec 509 of IPC also talks about sexual harassment to women only. But in the 21st century, even a man can be sexually harassed but the irony is there is no provision to protect men from sexual harassment.
The Office for National Statistics figures show every year that one in three victims of domestic abuse is male equating to 699,000 men in 21/22 (1.671m women). One in 6-7 men and one in 4 women will be a victim of domestic abuse in their lifetime.
It’s crucial to recognize that these laws are often introduced to correct gender imbalances and promote gender equality. Addressing potential concerns or unintended consequences should involve a balanced approach that ensures the rights and opportunities of all individuals, regardless of gender. Gender-neutral policies and ongoing debates can help achieve this balance.
ARE THESE LEGAL FRAMEWORKS ENOUGH?
In India, there exist suitable laws and frameworks that address gender discrimination and empower women but, in a male-dominated society, the Constitution allows for discriminatory laws in favor of women, who are regarded as the weaker sex, disadvantaged, and discriminated against. The government’s action plan for combatting discrimination has proven the laws to be ineffective. In India, the fact that these laws only exist in books is a huge issue. The Supreme Court, on the other hand, has taken action and, in some situations, issued directives to the government. For instance, in the case of C.B. Muthamma v. Union of India & Ors, the apex court curbed the gender inequality that prevailed in the Indian Civil Service.
However, to eliminate discrimination in society, these laws must be implemented in a practical sense. The majority of the clauses of the IPC that deal with crimes against women solely refer to men as criminals. Some laws favor women over men like Rape, Alimony in Divorce, etc. But when we talk about equality we should have gender-neutral laws inclusive of men, women, and even the LGBTQ+ community. It is a fall of a legal system that favors women and its potential transformation into one that disadvantages other genders in a complex and contentious topic. One of the major steps taken towards gender neutrality by the Supreme Court is decriminalizing the offense of adultery which is highly gender-biased towards women. In the year 2018, in the case of Joseph Shine v. UOI, it was decriminalized by the Supreme Court. It’s important to note that the goal of legal systems should ideally be to ensure gender equality, rather than favoring one gender over another. However, there have been instances where certain legal provisions or societal attitudes have been perceived as biased in favor of women. Therefore, it’s time to bring effective reformations.
CONCLUSION
Gender equality’s primary purpose is to create a society where men and women have equal opportunities, fairness, and responsibilities at all stages of life. When men and women share power and influence equally, equality emerges. Gender equality is crucial for India’s growth from all perspectives. The central government has articulated several progressive steps to improve gender equality in social, economic, and political arenas in the last few decades, and policies relating to women’s rights have had a favorable trajectory. Inequality between men and women exists in all aspects of life, including education, economic opportunity, representation in government, and other public and private institutions. Both men’s and women’s efforts would be able to develop answers to the problem of gender disparity, leading us all closer to our cherished dream of a completely contemporary society in both thinking and action, as well as political inequities between men and women in India. The demands of the day are trends in which girls are able not only to break free from culturally set patterns of employment but also to offer guidance on career options that extend beyond the usual list of jobs. It is astonishing that, despite numerous rules, women continue to face tension and strain.
But at the same time, Men in Indian society face exploitation through various societal pressures and gender stereotypes. Traditional expectations of being the primary breadwinner and conforming to rigid notions of masculinity can lead to stress and emotional burdens. Additionally, men may encounter biases in legal matters, reluctance to seek help for mental health issues due to stigma, and even domestic violence, though it is often underreported. Addressing these challenges requires promoting a more inclusive and equitable society where individuals of all genders are free from the constraints of harmful stereotypes and societal pressures. Long-term solutions can increase their strength and serve as a road map for their transformational and lifelong chances. We still have a long way to go to achieve gender equality.
