Author: Yashijeet Gond from City Academy Law College
To the point
Gender stereotyping entails the rigid expectations regarding role, behaviors, and traits that society associates with males and females. Despite its diverse cultures and traditions. These societal norms have influenced individuals by limiting their choices and potential. The stereotyping of individuals has significantly contributed to discrimination and unequal opportunities for men, women and other marginalized groups. The legal system has been instrumental in changing these stereotypes.
Use of Legal Jargon
Legislative approach in combating Gender Stereotypes-
The CONSTITUTION OF INDIA,1949–
Article 14 of the Constitution establishes a duty on the state not to deny equality before law and equal protection of laws to any person within the territory of India.
Article 15 of the constitution prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence or any of them.
Article 16 even provides equality of opportunity in the matters of public employment. This provision forbids discrimination between males and females in matters of public employment.
The SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013-
The resolution of this act is to provide protection to women against sexual harassment at work place. Sexual Harassment constitutes discrimination against gender. This act assists in eliminating gender stereotyping at the workplace by mitigating the gender gap at work.
EQUAL REMUNERATION ACT, 1976 –
The Equal Remuneration Act, 1976 is another way to combat with gender stereotype step taken in the wake of gender equality and gender justice. This legislation eliminates a discriminatory practice of less payment of wages to women the same or similar nature of work done by them. This legislation uphold the principle of equal pay for equal work.
Abstract
Stereotype beliefs in society are a critical element in decision-making. It’s distributed the roles to be done by men and women and its non-execution could draw consequences from society. The most important of these are the social duties that men and women must fulfills in the workplace and residence, in that order. This limits both men’s and women’s ability to engage in a variety of domains of employment. The majority of the time, women are blamed for taking on the role of a caregiver, whereas the competitive work atmosphere is ascribed to men. Due to the male-female disparity in educational chances, women in the education sector experienced an alarmingly high rate of illiteracy. In modern time, women’s opportunities have increased, but they still need to increase, and this might happen if the gender gap is narrowed, and people start to avoid gender stereotyping. India has made notable advancements in promoting equality through legal frameworks. The Constitution guarantees equal treatment, safeguards against discrimination, and upholds the rights of all genders. To cultivate saver environments, the Domestic Violence Act and Sexual Harassment of Women at Workplace Act provide protection from abuse and harassment. The Maternity Benefit Act supports working mother in balancing their careers and family responsibilities. The Hindu Succession Act grants daughters equal rights to inherit family assets. These laws work collectively to foster a society where individuals can live with dignity and equality, irrespective of gender.
Case Laws
Indian Young Lawyers Association vs State of Kerala,1997 – Sabarimala Temple Case – The Supreme Court ruled that the restriction on women of menstruating age (10 -50 years) from entering the Sabarimala Temple was unconstitutional and illegal. The Supreme Court held that such restrictions violated the fundamental right to equality and freedom of religion.
Vishaka vs State of Rajasthan, 1997- This case is significant benchmark case in breaking the gender stereotypes. The Supreme Court has laid down the Vishaka guidelines for the protection of women employees against the sexual harassment at workplace.
Shayara Bano vs Union of India,2017- Triple Talaq Case- This historic case relates to constitutional validity of the triple Talaq or Talaq-e-biddat under Mohammedan law. The Hon’ble Supreme Court in 3:2 majority held that triple talaq is against the Article 14, 15 and 21 of Indian Constitution and empowered the Muslim women to elevate themselves against the male-centric tradition.
Vineeta Sharma vs Rakesh Sharma,2020- The issues of the case states that whether the daughters have equal rights as the sons in the coparcenary property under Section 6 of Hindu Succession Amendment Act,2005.
Conclusion
Achieving gender equality is not a privilege bestowed by men, but a necessity that society calls for and women advocates for. Encouraging gender stereotypes can also result in violations of human rights, making it crucial to change and reshape beliefs that negatively impact women and society as a whole. Both governmental and personal adherence to stereotypical beliefs must be eliminated. Therefore, the rule of law acts as a strategic approach to attain gender equality.
FAQs
- What is Gender Stereotype?
Gender Stereotypes are commonly accepted, simplistic, and frequently misguided perceptions regarding the traits, roles and actions of men and women. These stereotypes can have both positive and negative aspects, but they typically constraint individuals by attributing qualities or roles to them solely based on their gender.
- What is the relationship between law and gender stereotypes?
The law significantly influences the reinforcement and contestation of gender stereotypes. Legal frameworks and practices can sustain stereotypes by restricting opportunities and maintaining inequality
- In what ways have laws historically reinforced gender stereotype?
Throughout history, laws have been utilized to limit women’s rights and freedoms, uphold societal norms regarding gender roles, and restrict access to education and job opportunities.
- In what ways can law reform and advocacy be used be employed to combat gender stereotypes?
Law reform and advocacy can combat gender stereotypes by altering laws and legal practices, employing litigation to contest discriminatory laws, and offering education and training to those in the legal field.
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