Author: Aayushi Sah
Gender equality in India, though entrenched in our constitution, remains a path we have not yet completed but are pursuing with full vigor. In spite of the hope for equal rights, legal society and society in general continue to suffer from disparities, inconsistencies, and prejudice that impede growth. On topics such as reproductive rights, violence, lgbtq+ rights, and family law, the law tends to fall behind the people that it is meant to protect.
Our constitution, as enshrined in articles 14, 15, and 21, enunciates a dream of the future: equal treatment by the law, safeguard against discrimination, and the upholding of life’s dignity. These ideals have guided significant court judgments and have shaped the making of new legislation. But what is put on paper may not always translate into real change. Laws usually do not apply in any case, are misconstrued, or unavailable for individuals who need them most in most circumstances.
Gender violence comes in all types, i.e., physical, sexual, and emotional violence. It is an extensive issue affecting millions of people, more women and children, across the world. We do have a law—the protection of women from domestic violence act, 2005, and some provisions in the ipc—but the survivors are continually frustrated at each step. Many individuals are discouraged from lodging complaints, encounter indifferent police officers, or find themselves stuck in a bogged-down court system. Even when we have the laws enacted, a dearth of sensitivity and empathy among enforcement agencies ensures that justice is an elusive and transient notion. Family law puts one more spin of complexity in place. The religious personal laws of India have led to remarkable differentials between the treatment of women and men. Even while some progress, as in the Hindu Succession (Amendment) Act, 2005, which made daughters equal recipients of family property along with the father, still holds, considerable numbers of women do not access their entitlements. The necessity of a unified civil code still remains, though the political chatter surrounds the issue and pushes authentic reform to the background.
Over the past few years, we have seen major legal developments, including the supreme court’s 2018 decision that decriminalized homosexuality.
It was a historic moment. Although there has been progress in most nations, gay couples in India still have to overcome legal obstacles, which disallow them from marrying, adopting children, or being accepted as valid families. This legal lacuna is not merely about rights—it’s about respect and acceptance. It’s hard to claim equality when the legal system doesn’t acknowledge your existence. One of the most glaring holes in
the law is marital rape. It remains legal in India. The law assumes that there is automatic consent in marriage, an assumption which is totally disconnected from modern conceptions of individual freedom and self-respect. In spite of repeated demands, the legal framework continues to protect this outmoded thinking, leaving millions of women vulnerable to abuse in their own homes. When reproductive rights are discussed, the issue gets even more complicated.
The medical termination of pregnancy act amendment, 2021, was done to simplify the abortion process.
Even though that was a step in the right direction, there are still barriers to be broken. Women who live in rural areas still struggle to access safe medical centers, and stigma is still a huge barrier. Too frequently, the law gives decision-making power to physicians or medical boards, instead of letting women decide for themselves. Transgender rights have been acknowledged to a certain degree, especially post the nalsa judgment of 2014. Regrettably, the subsequent transgender persons (protection of rights) act, 2019, has been criticized for not living up to expectations.
Transgender men and women must face medical interventions and bureaucratic obstacles in order to be granted legal identity—a process that is intrusive and humiliating. Legal victories notwithstanding, the ground reality of social acceptance remains far from reach. Intersex people are even more marginalized. Up to now, there aren’t any laws that are already in effect to protect infants from unnecessary and irreversible medical procedures that are routinely performed at birth. Such decisions are usually made by doctors or parents, and not with a thought of how these will affect the person who will have to live the rest of their life with the results. It’s not just about medicine—it involves ethical issues, personal dignity, and autonomy.
The current controversy exists among same-sex couples who would like to adopt. The current adoption law doesn’t accept them as potential couples since it also subscribes to a narrow interpretation of what the term “family” means. Love, devotion, and commitment come in different genders and shapes—yet our legislations are still not cognizant of this fact.
Gender identity in sports is another sector where there is a lack of inclusivity. There are no full-fledged policies yet that guarantee equal opportunities for transgender and non-binary people to compete without discrimination. Therefore, many are being left out or forced to compete in categories that do not reflect their actual identity. This affects performance as well as mental health and self-esteem.
And there’s the maternity benefit (amendment) act, 2021. The move to grant paid leave for 26 weeks was welcomed. But on the ground, the impact has been uneven. Small businesses are reluctant to employ women because of the fear of the cost it will entail. And with no paternity
leave and poor child-care facilities, the onus of child-rearing falls largely on women, reinforcing traditional gender roles.
The journey to gender equality in India is complex and multi-faceted.
It is marked by contradictions—laws that are never implemented, constitutional promises that never materialize, and the attitude of society, which obstinately refuses to move forward.
Yet, in spite of the absence of apparent progress, there are still things happening and developments ongoing. There is, in many situations, such as in courts, schools, and among people, increasing resistance and call for more regarding laws and livelihood. True equality will be achieved when laws are not just written down but actually benefit everyone, regardless of their gender, identity, or background. This requires not only rewriting the law but also challenging the systems and mindsets that perpetuate inequality. It’s a process that requires patience, but one that is definitely worth the effort. Because after all, justice delayed is justice denied—but justice persisted, unwaveringly, is justice ultimately achieved.
