Author: Annesha Marick, Techno India University salt lake
HEAD OF THE ARTICLE –
Women right and gender justice are critical component of human being focussing on ensuring equality , freedom and opportunities for all genders .
In India women’s are still getting dominated by by men . In work places several women’s facing violations not getting equal pay , reproductive rights , representation in political and social institutions.
- Women’s Right: The fight for womens right to aim to dismantle legal , social and economic structure that limit women’s full participation in society. Women have historically denied to equal access to education , employment, property ownership and political participation.
- Gender justice: women rights addressing issues related to gender inequality . There shall be equality among both gender men and women , both shall get equal pay in workplace and equal opportunities to be provided for both . Promotion to be given to women and men too.
Key components of gender justice
1.ECONOMIC EMPLOYMENT – women shall access to equal pay , decent work and opportunities for their economic independence.
2.REPRODUCTIVE RIGHTS- The women has the right to make their own decision including access to contraception , safe abortions , maternal health care.
3. FREEDOM FROM VIOLENCE: – Combating gender based violence in all forms including domestic abuse , sexual harassment, and harmful traditional practices like female genital mutilation (FGM) and forced marriage .
4. POLITICAL PARTICIPATION – There shall be equality women and men shall equally join political party .
5. INTERSECTIONALITY:- There are certain discrimination which women often experience such as race , class , disability and sexual orientation.
Women shall get the right to live with dignity, freedom and equality.
TO THE POINT :-
Article 14 guarantees equality before lawor equal protection of laws to all citizens including women . Article 15(1) prohibits discrimination on grounds only for sex.
Main principle of gender justice –
Respect for autonomy , beneficence
Non beneficence and justice .
It is a systematic redistribution of power opportunities and access to people of all gender.
LEGAL JARGON – legal jargon can make it difficult to understand women’s right in cases involving gender based Violence , discrimination or family law .
In international courts legal jargon may not be accessible to women who need it most such as those experiencing gender based violence in conflict zones.
There shall be equal rights and access to justice for women , girls and people with from diverse sexual orientations , gender
Identities or expression. It ensures equal access to resources, services, and opportunities.
There are still inequality between men and women , boys and girls that reflect in our society.
Some laws were made to protect women in India include:-
1.Protection of women from domestic violence act 2005
2. Dowry prohibition act 1961
3. Sexual harassment of women at workplace
(Prevention prohibition and redressal act 2013)
4 . Maternity Benefits Act 1961
5. prohibition of child Marriage act 2006
6. The Immortal Traffic act 1956
7. The commission of sati (prevention) act 1987
THE PROOF
Achieving gender equality requires empowerment of women to ensure decision making process at personal and public levels and access to resources is not only in men’s favour . Both men and women can fully participate as equal partners in a productive life .
Women are not given opportunities as like men they are always dominated by people and the society , this should be stopped .
The fundamental right of Indian co guarantees gender equality
Article 14 and article 15 prohibit the state from discriminating based on sex , article 15(3)states that nothing in this Article prevents the state from making particular arrangement for women and children .
Child marriage , in India child marriage being a common thing a girl getting married with out her consent . This is necessary to give people proper education . Girls getting less education compared to boys.
When a girl child is born they are thrown not accepted by their father’s . In India in this 22 nd century still girls are getting dominated .
After marriage wife’s are beaten by their husband for dowry ,
Sec 304 B where a husband kills his wife within 7 years of marriage she is subjected to cruelty or harassment by her husband is or in laws
Punishment -7 years
Section 498A::- when a women faces cruelty by her husband or in laws after marriage
Punishment -3 years in prison or liable to fine This section is non bailable and cognizable of a victim or a relative lodges complaint to police commissioner.
In India girls are getting raped continuous news are coming . Girls are not safe , our country shall take strict action against it . Rapist should be punished for their act. This should be stopped action should be taken otherwise women could not go out of their house. Either work .
Women’s are also not safe in their work places .
They are always judged by their dresses.
People should change their mentality not to judge girls by their clothes .
ABSTRACT
Gender justice and women right , where everyone should have equal rights , opportunities, regardless of their sex , gender or gender identity.
It is basically a fundamental human right , but gender inequality is one of the oldest and most pervasive form of inequality .
Women’s are being exploited by men also harassed in workplaces. There are still peoples who are dominating women’s violating them and forced them for sexual illict . In workplaces for promotion women are
Forceful intimate relationship has become an common thing in our society .
Parents and religious leader should adhere principles of gender equality for the betterment of society.
Both men and women need equal justice for the development of nation .
CASE LAWS
Castle Rock v. Gonzales (2005) supreme court
Jessica Gonzales sued the police for failure to enforce a restraining order against her husband who later killed their three children .
Decision -: The US Supreme court held that individuals do not have a constitutional right to police enforcement of restraining order .
Lalita Toppo v.state of jharkhand (2018)
In this case heard by sc of India the complainant who was not the respondent legally married wife , approached court to seem maintenance under provision of protection of women from Domestic violence act 2005 , she is not entitled to get any maintenance under sec 125 of code of criminal procedure.
The appellant was in a live in relationship with whom she had a kid. When the couple got separated the appellant sought support from her spouse the family giving her rs 2000 per month and 1000 to her child . The appellant filed an appeal in to HC.
The SC a three bench judge composed of CJI Ranjan Gogoi justice U.U .Lalit and KM Joseph observed that a live in relationship partners cannot claim maintenance as they are not legally married .
Inder Raj Malik v. Sunita Malik (1986)
In this case, Sunita Malik (complainant ) and her husband , Inder Raj Malik respondent were married
To extract more money sunita was beaten by her husband treated with cruelty abused by her husband and in laws after marriage particularly during festivals .
One day she was tortured physically and mentally to the point of fainting in her martial house but no doctor was called for her medical check up.
Sunita was threatened by her mother in law and her brother in law they planned to kidnap her and sell her property .
Sec 498A of IPC 1908 and sec 4 of Dowry prohibition act 1961 subject to double jeopardy.
The Delhi HC decided that cruelty against a new wedded women by her husband is punishable offense . CONCLUSION
In conclusion Gender justice means what equal rights and opportunities for all in our country
No one shall be discriminated based on gender caste , equally to be treated for all.
Girls to access same education as compared to men . For our country , a better India it is very essential to provide women education and also a safe environment a safe work place.
In Indian constitution article 14 is saying what equality before law and equal protection to all citizen , hence all gender .
Domestic violence forcefully sexually illict
Husband beating their wives shall be stopped strict action shall be taken so that offenders think twice before doing all this .
India law should be made more stricter and rape shall also be stopped . Many parents who are losing their child , forcefully marriage (child marriage) with out their consent is still happening.
Parents shall encourage their daughters in sports as well as in education . Now in this situation after RG kaur case from my point of view girls shall take self defence training for their safety.
Womens not get equal wages compared to men.
There shall be equal employment opportunities for both men and women . Women’s also do not get higher position to work.
Gender equality weakens women in many areas such as health , education, and buisness life.
Women managed both homes and outside workplaces which makes it difficult for them .
Gender equality also known as sexual equality it means equality for all in our country no discrimination. Forcefully sexual illict , child marriage with out consent of that child , dowry prohibition all this shall be eliminated.FAQ:-
What is gender justice ?
Gender justice , in which all men and women are treated equally, no discrimination based on gender.
Why is gender justice important?
To eliminate inequality , promotes equality to all treating people equally in workplaces even in our society .
Is gender justice a law firm ?
Gender justice is a non profit legal organisation often represents individual legal cases they pay fees to the lawyers for their work .
It is either a private , for profit law firm . Gender justice funds are donated in charitable purpose.
501© 3 non profit organization all donations to Gender Justice are tax deductible .
How are you different from equal rights organizations?
Rather than focusing on women issues or reproductive rights lets take a view bringing unique gender lens to whole progressive movement across and organization and issues .
