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CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

GENDER EQUALITY AND JUSTICE

SUBMITTED TO: DR. MANORANJAN KUMAR

(FACULTY OF CONSTITUTIONAL LAW -I )

SUBMITTED BY: PRIYA JHA (1419)

[3RD YEAR, 5TH SEMESTER ]

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ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges I have ever
faced. Though this project has been presented by me but there are many people
who remained in veil, who gave their all support and helped me to complete this
project.

First of all I am very grateful to my subject teacher without the kind support and
help of whom the completion of the project was a herculean task for me. He
donated his valuable time from his busy schedule to help me to complete this
project and suggested me from where and how to collect information and data.

I am very thankful to the librarian who provided me several books on this topic
which proved beneficial in completing this project.

I acknowledge my friends who gave their valuable and meticulous advice which
was very useful and could not be ignored in writing the project. I want to
convey a most sincere thanks to my parents for helping me throughout the
project.

PRIYA JHA

ROLL NO. 1419

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TABLE OF CONTENTS

Page
TITLE Number

Introduction 4-5
Framers of the constitution and their notion towards gender
6-10
justice
Judicial trends and Practical reality 11-12
Right or Privilege 13-14
Directive Principles of State Policy 15-16
Gender Justice in India 17-20
Commitments to Gender Equality and Gender Justice 21-24
Conclusion 25
Bibliography 26
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INTRODUCTION

Over a very long period of time, Gender Inequality and differences existed in almost all
societies of the world and hence the problem regarding gender inequality in India is not a
recent development. The complicated set of shared images and conceptions that are
stereotypically attributed to women are passed on generation by generation because these
over a span of time became social norms and have not been questioned. In India, gender
inequality started showing its colour from the later Vedic period and till now it is a debatable
issue because as argued, a woman throughout her life cycle faces numerous problems.
Gender Equality refers to equality in the number and in the relative power, status and role of
women in the society. When we go through the various provisions of the Constitution it
seems evident that the Rights guaranteed to women are at par with the Rights of men. Along
with that, in some cases women enjoy the benefit of certain special provisions as well.

Gender is basically a socio-cultural term which contains in itself the socially ascribed roles,
attributes and behaviour given to a man and a woman in the society. Time and again we have
seen that Indian society has enslaved the mind of a woman, she has been discriminated from
the very inception of birth through female infanticide. Even before birth, female feticide and
sex selective abortion, battering during pregnancy, coerced pregnancy etc. are very common
in a country like India. After birth too, a woman throughout her life cycle faces
discrimination and violence. She faces emotional and physical abuse, differential access to
food and medical care, genital mutilation, sexual abuse by family members and outsiders,
rape, sexual harassment at workplace, trafficking, forced prostitution, dowry related violence
and what not. Gender inequality should be understood from that era when the Hindu sage,
Manu said that a woman should remain under eternal bondage. He said that a woman must be
in the custody of her father when she is a child, she must be under the custody of her husband
when married and must be under the custody of her son in old age or as a widow. Gender
inequality means that when a specific gender is regarded as a minority group and a set of
complex images and conceptions are attributed to such gender and is passed on from
generation to generation through customs and practices. It is worthwhile to mention here that
the position of a woman in India has changed from time to time. While, gender equality refers
to the equality in numbers and in relative powers of both the genders in a society and where
they are given equal roles, status and importance.
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RESEARCH METHODOLOGY:

The researcher has used doctrinal method in her research, that is, extensive use of literary
sources and materials. The researcher mainly uses secondary sources to provide substance to
the research analysis. The researcher has also put down immense effort in order to understand
the terms and concepts related to the subject which enriched the study to a great extent. In
some cases, the researcher shall be bound to extract materials directly from the literary work
of certain authors which the researcher intend to adequately cite and notify in due course of
time. “Doctrinal research or traditional research involves analysis of case laws, arranging,
ordering and systematizing legal prepositions and study of legal institutions, but it does more
– it creates law and its major tools through legal reasoning or rational deductions. In the
opinion of Boomin, this kind of research represents more a practical regulative ideal of how
the judicial process ought to be conceived by the judiciary than a theoretical analysis of its
actual structure and functioning”.

SOURCES OF DATA:

The following sources of data have been used in the completion of this project:

 Primary Sources: Constitution of India – Bare Act

 Secondary Sources: Articles, Books, Websites.

SCOPE AND LIMITATIONS:

Though this is an immense project and pages can be written over the topic but due to
monetary and time concerns I could not deal with the topic in greater detail.
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FRAMERS OF THE CONSTITUTION AND THEIR NOTION TOWARDS

GENDER JUSTICE :

The Constitutional framers started their work much before independence when they first met
in the Constituent Assembly on 9thDecember, 19461. The Framers of the Constitution took
almost three years (2 years, 11 months, 17 days) to frame the Constitution. The cabinet
mission recommended that the members are to be chosen through indirect election by the
members of provincial legislative assembly and thereafter 292 members were elected; 93
members provinces. Among the framers of the Constitution the prominent names were Dr
Ambedkar, Pandit Nehru, Dr Rajendra Prasad, Sardar Patel, Maulana Azad, Acharya Kriplani
and Pandit Govind Pant. On Dec 13,1946, Pandit Nehru moved the objectives of the
Constitution through which India evolved as sovereign, independent and republic state and
the future governance of the country was vested upon the Constitution. Another objective of
the draft constitution was that all the people of India should be guaranteed and secured with
justice (social, economic and political), equality of status and opportunity, equality before
law, freedom of thought, faith, worship, vocation, association, action, expression and belief.
However, these were subjected to Law and public morality. As mentioned above, Dr
Ambedkar was one of the prominent persons in the drafting committee of the Constitution.
Not only that, he was the chairman of the drafting committee. As a member of the legislative
council, Dr Ambedkar raised provisions relating to equality of women in the Indian
Constitution. Even before drafting the constitution, Dr Ambedkar through his works
expressed his great concern towards the women mass in India and advocated equality. He
always measured the progress of a community in the lights of the progress of women.
Ambedkar through his paper2 –“ Caste in India-Mechanism, genesis and development” he
drew an inference that caste was merely created by the Brahmins of ancient India. These
Brahmins enslaved the minds of women and found means of controlling and subjugating
them. Dr. Rajendra Prasad in his book3 “Correspondence and Select Documents” stated that
education should be given to girls, including those of backward classes and they should be

1 First Day in the Constituent Assembly, Indian Parliament,

http://parliamentofindia.nic.in/ls/debates/facts.htm
2 https://www.scribd.com/doc/209776841/Dr-B-R-Ambedkar-Castes-in-India-Their-Mechanism-

Genesis-and-Development-1916RatneshKatulkar, Dr Ambedkar on woman liberation,

http://www.countercurrents.org/katulkar310808.htm.
3 Dr Rajendra Prasad: Correspondence and Select Documents : Presidency Period

https://books.google.co.in/books
&q=rajendra%20prasad%20on%20women&f=false
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encouraged to earn a living both through skilled and unskilled labor. He also said that women
should be included in village council, education councils, local bodies and legislatures in the
country and they must be encouraged to fill up political posts. When the Constitution was
being drafted, Pandit Nehru talked about the liberty of thought, expression, belief, religion
and worship of all citizens of India. He said that women have the right to equality and equity.
According to him, the Indian customs and practices very intelligently allotted an inferior
status to women and in such a social condition; women were unable to realize their full
potential. These eminent personalities thus made an effort to ensure that the Rights of women
under Indian Constitution are at par with that of men and accordingly they framed the
Constitution4. Several Acts were passed to ensure equal Rights of women such as the Child
Marriage Restraint Act, the Special Marriage Act, the Hindu Succession Act, Dowry
Prohibition Act, Equal Remmuneration Act, (Protection Of Rights On Divorce) Act,
National Commision for Women Act, Special Marriage Act etc.

4 http://indiacode.nic.in/incodis/alpha.html
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INDIAN CONSTITUTION AND GENDER JUSTICE

The Preamble of the Constitution clearly states that equality should be given to all citizens in
terms of status and opportunity. It must be understood that guarantying Rights to people of a
community becomes useless unless and until those Rights are equally enjoyed by all
members of the community. The framers of the constitution aimed at ensuring equality of
status and opportunity through the Preamble. Equality is the touchstone of Indian
Constitution. The Preamble of the Constitution inter alia talks about social, political and
economic justice for all citizens of the country. The Preamble talks about social justice which
should be understood in the light of ensuring abolition of all sorts of inequalities which may
result from inequality in wealth, status, class, caste, sex, race, title etc. Economic justice
ensures that every person should get his just dues for the labour given by him/her irrespective
of caste, creed, sex, status etc.

Political justice ensures that unnecessary distinction among men and women in political
matters should not be allowed5. The provision contains in itself the essence of universal adult
suffrage. The Preamble talks about dignity of an individual and that dignity should be
ensured by giving equal fundamental rights to all individuals. Dignified lives contain in itself
the essence of equality and freedom. All the fundamental rights contained in part-III of the
constitution are applicable to all citizens of India irrespective of sex. Art-14 specifically states
that within the territory of India, the state shall not deny to any person equality of law or
equal protection of law. Then, Article-15(1) states that the state shall not discriminate against
any citizen only on the ground of religion, race, caste, sex, place of birth or any one of them.
Thus, Article-15(1) prohibits gender discrimination. However, certain fundamental rights
contain specific provisions to protect the rights of women. It is worthwhile to mention here
that the principle of Equality does not connote that the same law should be applied to
everyone; rather it talks about equality of treatment under equal circumstances. Thus, Art-
15(3) positively discriminates in favour of women and permits the state to make special
provisions for them. Art-15(3) should be understood in the constitution very well understood
that women in the then Indian society did not have equal political, economic and social status
as that of men. They felt an urge to uplift women and bring them under the same sun. Thus,
Art-15(3) validates positive discrimination and it is in no way contradictory to Art-15(1).

5 p.m. bakshi, the constitution of india, pg-31, (universal law publication, new delhi, india, 14thedition, 2015).
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6
Art-16 talk about equality of opportunity in case of public employment. Equal employment
opportunity means equal access to jobs and conditions of work.
It also contains in itself the essence of equal evaluation of performance. It must be noted here
that Art-16 talks about employment or appointment to any office under State only. Matters
relating to employment mean all matters prior or subsequent to the employments which are
connected with the employment. 7Art-23 specifically prohibits traffic in human beings. On
the basis of this Article, legislature passed the Suppression of Immoral Traffic Act, 1956
(now renamed as Immoral Traffic Prevention Act, 1956) which aims at abolishing
prostitution and other forms of trafficking. Along with this, the Andhra Pradesh legislature
has enacted the Devdasis (Prohibition of Dedication) Act, 1988 to prohibit the practices of
dedicating women to deities and temples.

The Directive Principles of State policy contained in Part-IV of the Constitution incorporate
many directives to the state to improve the status of women and for their protection. Art-39(a)
directs the State to secure its policy so that the citizens (both men and women) have equal
rights to adequate means of livelihood. Art-39(d) directs the State to secure equal pay for
equal work for both men and women. The State gave effect to this provision by enacting the
Equal Remuneration Act,1976. Art-39(e) specifically directs the State not to abuse the health
and strength of workers (both men and women). Art-42 directs the State to make provisions
for securing just and humane conditions of work and for maternity relief. For this purpose the
Maternity Benefit Act has been enacted. Article-44 directs the State to secure the citizens of
India with a uniform civil code throughout the territory of India.

Dr Ambedkar was in favor of reformation of personal laws and establishment of Uniform

Civil Code. The first woman chief justice Leila Seth said that a common civil code would
ensure that the harmful customary practices which are degrading to the dignity of woman can
be broken down with an uniform civil code. There was an existing controversy that a uniform
civil code shall take away the religious rights of individuals. To this, Justice Leila Seth
correctly replied that uniform civil code will not take away the religious rights of people. It
will only ensure that a woman has her equal property rights, her right to adopt, her from
against arbitrary divorce, her right to inheritance and her right against the practice of

6
Supra Note 19

7 Supra Note 19
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polygamy by her husband even if her father or husband gets converted to another religion8.
Through the 73rd and 74th amendment of Indian Constitution, reservations of seats were
provided to women in elections to the Panchayat and municipalities. Art-243D of the
Constitution provides that in the direct election in every panchayat not less than 1/3rd of total
number of seats are to be reserved for women. Article-243T(3) provides for reservation of
seats for woman in direct elections to every municipality. Art-51A(e) inter alia states that it is
the duty of every citizen of India to renounce from practices which are derogatory to the
dignity of women.

8Ramachandra Guha, Towards A Gender Sensitive Civil Code-Hindustan Times

http://ramachandraguha.in/archives/towards-a-gender-sensitive-civil-code
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JUDICIAL TRENDS AND PRACTICAL REALITY

As mentioned earlier, the Constitution of India guarantees all such rights to women which
are given to men. Women thus enjoy the Right to Equality, the Right to freedom, the Right
against exploitation, the Right to freedom of religion, Cultural and Educational Rights and
the Right to Constitutional remedies.
It was rightly decided in the landmark case of Nargesh Meerza vs Air India9 that a woman
shall not be denied employment merely on the ground that she is a woman. This leads to
violation of Article-14 of the Constitution. In the present case, an air-hostess of Air India
challenged the service rules of Air India where air hostesses were barred from getting married
within a period of 4 years from the date of their joining. The rule further stated that the
airhostesses shall lose their jobs if they become pregnant and also that they will retire at the
age of 35 years (exception can be made only if managing director extends the term by 10
years at his own discretion). The Apex Court that that even though the first provision is
reasonable, the second and third provisions are cruel, arbitrary and unconstitutional.
In the case of C.B Muthamma vs Union of India10, a writ petition was filed before the Apex
Court which challenged Rule-8(2) of the Indian Foreign Service (Conduct and Discipline)
Rules,1961. In this rule it was stated that an unmarried woman member before getting
married must take the permission of the Government and even after marriage she might be
asked to resign the office any time if it is found that her family life is affecting her work
efficiency. The Apex Court in this case declared the rules relating to seniority and promotion
in Indian Foreign Service to be unconstitutional and violative of Article-15 of the Indian
Constitution. Along with this, the court held that the rules contain essence of masculinity in
them, as if an attempt has been made to dominate the weaker sex.
In the case of C.Rajakumari vs Commisioner of Police11, Hyderabad a question was raised
before the Andhra Pradesh High Court pertaining to the fact whether the beauty contests
which held that if any beauty contest is indecent and is injurious to public morality then such
beauty contest would be violative of the provisions of Indecent Representation of
Women(Prohibition) Act,1986 and also unconstitutional as it violates Articles-14,21 and
51A.

9 1981 AIR 1829, 1982 SCR (1) 438

10
1979 AIR 1868, 1980 SCR (1) 668
11
1998 (1) ALD 810, 1998 (1) ALD Cri 298, 1998 (1) ALT 329
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In the case of Vishal Jeet vs Union of India12 the petitioner filed a writ petition by way of
public interest litigation and seeked certain directions from the court. He wanted the court to
look into issues of red light areas and forced prostitution. He also wanted the court to look
into the system of devdasi and yogins which are famous systems of dedication of young girls
to deities and a way of prostitution. Considering all the aspects of matter before it, the
Supreme Court issued certain directions. The court observed that on the strength of Article
23(1) of the Constitution the legislature has passed the Immoral Traffic (Prevention)
Act,1956 and it gave certain directives to the State Govts and Union territories to take steps
to eradicate child prostitution and set up adequate rehabilitative homes.
In the case of Suchita Srivastava and another vs Chandigarh administration13, to make
reproductive choice is a part of personal liberty conferred under Article-21 and that may
include procreation as well as abstaining from procreation. The court further stated that a
woman has the right to refuse to participate in sexual activity.
In the case of P.B. Vijay kumar and another vs Govt of Andhra Pradesh14, the petitioner
challenged Rule-22A(2) of Andhra Pradesh State And Subordinate Service Rules as violative
of Articles-14 and 16(4) of the Indian Constitution. Sub Rule 2 of rule matter of direct
recruitment to posts for which women and men are equally suited, other things being equal,
preference shall be given to women and they shall be selected to an extent of at argued that
the State cannot make any reservation in favour of women in relation to appointments or
posts under the State because this would lead to discrimination on the ground of sex in public
employment or appointment to posts under the State and would be violate Art- 16(2). The
court here held that while dealing with employment under the State both articles-15 and 16
has to be kept in mind. The court also stated that the power conferred by Article-15(3) is wide
enough to cover the entire range of state activity including employment under state.
The court clearly stated that Rule-22A(2) provides for preference being given to women to
the extent of 30% of the posts, other things being equal and thus it is not reservation for
women in the normal sense of the term. The court held that this rule is within the ambit of
Art-15(3) and hence constitutional.

12
1990 AIR 1412, 1990 SCR (2) 861
13
2009 S.L.P. (C) No. 17985
14 1995 AIR 1648, 1995 SCC (4) 520
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RIGHT OR PRIVILEGE?

Because of the physical structure of a woman, her role, her status and the present condition of
Indian society woman have been given special protection under the umbrella of Law. A
woman in the Indian society is illiterate, irrational, and ignorant of her legal rights. Her mind
is enslaved by the Patriarchal societal structure. She is economically dependent and
politically underpowered. The situation of men and women in Indian society are different. As
we know, the State can treat different persons differently if the circumstances are unequal.
Aristotle talked about the principle of treating likes as likes and unlike as unlike. A woman is
unlike man. Her social condition is unlike man. Women as a class differ from men as a class.
Thus, they should be treated separately. They should be treated specially. Art-15(3) can treat
women separately and give more preference to them on the note that the aim or object is to
form an egalitarian society. Art-15(3) is known as protective discrimination. A woman being
a part of a weaker class, a woman being a part of the less powerful section of the community
needs to be protected. Her dignity needs to be safeguarded by the State.

In the case of Balan Nair vs Bhavani Amma15, the Kerala High Court observed that Art-15(3)
and Article-39 aim at assisting women and children in distress. The State is very much
empowered to make special laws for women to bring about freedom and equality for women
and to protect their dignity.
Through the judicial pronouncements it is evident that the court tried its best to be more
considerate to women. However, time and again it has looked upon woman in the light of
men. What the society can do is give special privileges to woman to safeguard her woman-
like qualities, her dignity, and her modesty. Her physical well being is a concern of the court
and that of public interest and care. It is a privilege to her. The object of Right to equality is
equal political, economic and social rights for woman. Equality and liberation of woman
should aim at transforming societies where a woman can decide what role to play, including
traditional roles if they feel like.
Equality should aim at changing the perspective of society towards woman. It should aim at
changing the social position of woman. What the judiciary did was provide temporary special
measures to woman keeping in mind the age old gender relations. The judiciary should aim at

15 AIR 1987 Ker 110

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bringing equality in the true sense of the term and not provide special privileges to woman
keeping in mind their distressed social condition. It should aim at changing the present social
condition and reverse the historical disadvantages woman has faced. However, for woman
belonging to socially disadvantaged groups like dalits, tribals, religious minorities,
differently-abled etc. Judiciary may grant certain rights in form of privileges.

Gender equality becomes elusive in the absence of right to live with dignity.

In Vishaka v. State of Rajasthan (AIR 1997 SC 3011)4, the Supreme Court, in the absence

of legislation in the field of sexual harassment of working women at their place of work,

formulated guidelines for their protection. The Court said:

"Gender equality includes protection from sexual harassment and right to work with dignity

which is a universally recognised basic human right. The common minimum requirement of

this right has received global acceptance. In the absence of domestic law occupying the field,

to formulate effective measures to check the evil of sexual harassment of working women at

all workplaces, the contents of international conventions and norms are significant for the

purpose of interpretation of the guarantee of gender equality, right to work with human

dignity in articles 14, 15, 19(1}(g) and 21 of the Constitution and the safeguards against

sexual harassment implicit therein and for the formulation of guidelines to achieve this

purpose."

The Preamble contains the essence of the Constitution and reflects the ideals and aims of the
people. The Preamble starts by saying that we, the people of India, give to ourselves the
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Constitution. The source of the Constitution is thus traced to the people, i.e. men and women
of India, irrespective of caste, community, religion or sex. The makers of the Constitution
were not satisfied with mere territorial unity and integrity. If the unity is to be lasting, it
should be based on social, economic and political justice. Such justice should be equal for all.
The Preamble contains the goal of equality of status and opportunity to all citizens. This
particular goal has been incorporated to give equal rights to women and men in terms of
status as well as opportunity.
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DIRECTIVE PRINCIPLES OF STATE POLICY

However Directive Principles of State Policy are not enforceable in any court of law

they are essential in the governance of the country and provide for the welfare of the

people, including women. These provisions are contained in Part IV of the Constitution.

Fundamental Rights furnish to individual rights while the Directive Principles of State Policy

supply to social needs.

Article: 39 certain principles of policy to be followed by the state.

The State shall, in particular, direct its policy towards securing -

(a) That the citizen, men and women equally, have the right to an adequate means of

livelihood;

(d) That there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age

of children are not abused and that citizens are not forced by economic necessity to enter

avocations unsuited to their age or strength;

Article 39(a) directs the State to direct its policy towards securing that citizens, men and

women, equally have the right to an adequate means of livelihood. Article 39(d) directs the

State to secure equal pay for equal work for both men and women. The State in furtherance of

this directive passed the Equal Remuneration Act, 1976 to give effect to the provision.

Article 39(e) specifically directs the State not to abuse the health and strength of

workers, men and women.

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GENDER JUSTICE IN INDIA

It is a harsh reality that women have been ill-treated in every society for ages an India is no
exception. The irony lies in fact that in our country where women are worshipped as shakti,
the atrocities are committed against her in all sections of life. She is being looked down as
commodity or as a slave, she is not robbed of her dignity and pride outside her house but she
also faces ill-treatment and other atrocities within the four walls of her house. They are
considered as an object of male sexual enjoyment and reproduction of children. They are real
dalits (downtrodden) of the society. They are discriminated at two levels, firstly they suffer
because of their gender and secondly due to grinding poverty. Women are deprived of
economic resources and are dependent on men for their living. Women works are often
confined to domestic sphere, she had to do all house hold works, which are not recognized
and unpaid16.

In modern times many women are coming out to work but has to shoulder the double
responsibility; one she has to work where she is employed and secondly she also has to do all
the house hold works, moreover, she is last to be considered and first to be fired as she is
considered to be less productive than her counterpart. Her general status in the family and in
the society has been low and unrecognized. From the cradle to grave, females are under the
clutches of numerous evils acts as discriminations, oppressions, violence, within the family,
at the work places and in the society.

The root cause of all the evils practices faced by the women are: (1) illiteracy, (2) economic
dependence, (3) caste restrictions, (4) religious prohibition, (5) lack of leadership qualities
and (6) apathetic and callous attitude of males in the society. In our society girls are
socialized from their tender age to be dependent on males. Her existence is always subject to
men. In her childhood she is under the protection of her father, after marriage under the
protection of her husband and in old age at the mercy of her sons. The patriarchal system in
India made women to live at the mercy of men, who exercise unlimited power over them.

16 "Women Empowerment: Latest News, Videos and Photos | Times of India". The Times of India. September 25, 2017.
 P a g e | 19

In order to ameliorate the condition of women in India Legislature enacted the large volume
of enactments and many of these legislations were enacted in colonial period.

Which are as follows:

(1) 1829, Abolition of Sati;
(2) 1856 Widow Remarriage made legal;
(3) 1870 Female infanticide banned;
(4) 1872 inter caste, intercommunity marriages made legal;
(5) 1891 age of consent raised to 12 years for girls;
(6) 1921 women get rights to vote in Madras province:
(7) 1929 Child Marriage Restraint Act was passed;
(8) 1937 women get special rights to property;
(9) 1954 Special Marriage Act was passed;
(10) 1955 Hindu Marriage Act was passed;
(11) 1956 Suppression of Immoral Traffic in Women and Girls Act was passed;
(12) !961 Dowry Prohibition Act was passed;
(13) 1981 Criminal Law Amendment Act was Passed;
(14) 1986 The Indecent Representation of Women (Prohibition) Act was Passed;
(15) 1987 Commission of Sati (Prevention) Act was passed.

Further, Indian Penal Code, Criminal Procedure Code and Indian Evidence Act too have
some provisions which provide protection and a sense of security to women. Recently the
Government's piecemeal approach to protect women has taken a step forward enacting a law
providing protecting women from domestic violence17. With the establishment of National
and State Human Right Commissions and National Commission for Women, gender issues
are receiving greater attention.

In spite of having so many enactments dealing with women and judgments of the Supreme
Court protecting women the downtrodden and poor conditions of women has not been

17
"Status of women in Hindu society", in Jayapalan, N., Indian society and social institutions, New Delhi, India: Atlantic
Publishers and Distributors,
 P a g e | 20

improved and she still faces all types of atrocities and legislature and judiciary somewhat
fails to provide respect to women in society.
After independence the founder father of the nation, wanted to reform the society and were
keen to establish an egalitarian society. To achieve this end they used law as an instrument to
check the gender discrimination, number of laws, were enacted to meet this end but due to
strong patriarchal mentality and unfavourable social environment they failed to accomplish
their goal18. The social engineering through law was not fully achieved, while some rights
enshrined under the enactments were enjoyed and accepted by the society most of them
remained only in papers due to lack of public support. Many evils are still practiced on
women such as bigamy, child marriages are still in practice, dowry demands are still on rise,
and women are still harassed for dowry. Malnutrition and illiteracy are growing at alarming
rate, rape and molestation have become daily phenomenon, and moreover still we see women
as commodity.

It is said that the law without the public opinion is nothing but a bundle of papers. The gap
between the men and women cannot be bridged by just enacting laws without any public
support and opinion as social engineering laws are different from penal laws which are just
related to injuries and punishment and are deterrent in nature but social engineering laws
enacted to uplift the norms of the society and are progressive in nature and therefore it should
be backed by the will of the people for whom it is enacted19. It is also be clear that centuries
old practice cannot be eliminated in one or two days it take much time. And when laws are
enacted to bring radical change in society and are not backed by the will of the people or laws
are ahead of public opinion then it has to face great resistance and opposition from the
conservative thinking of the society and they are like dead law, which have no effect on
society.

In India the most of the laws were not effective as they were ahead of public opinion and
willingness of the people to change the society and give the women the status of equality in

18
Mishra, R. C. (2016). Women in India: towards gender equality. New Delhi

19
"The Global Gender Gap Report 2016 - India". World Economic Forum.
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society too lacked, so in order to give women their respective position in the society strong
public opinion should be created trough education, seminars and by taking the help of various
other instruments of the society such as media etc, so that the people of the society should get
educated about and change their centuries old thinking and willingly implement the laws
enacted for the emancipation for women.
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COMMITMENTS TO GENDER EQUALITY AND GENDER JUSTICE

The United Nations has established strong mandates for gender equality and gender justice.
At the 2005 World Summit, world leaders reiterated that “progress for women is progress for
all”. Five years earlier, at the Millennium Summit in 2000, world leaders acknowledged that
gender equality and empowerment of women are essential for the eradication of poverty and
hunger and for development that is truly sustainable. One of the eight Millennium
Development Goals established, following the adoption of the Millennium Declaration, is
focused on gender equality and empowerment of women20.

Since 1995 and the adoption of gender mainstreaming as a critical strategy for achieving
gender equality, intergovernmental bodies – such as the General Assembly, the ECOSOC
and the Commission on the Status of Women - have worked to mainstream gender
perspectives as an integral part of all policy areas. It is increasingly recognized at policy level
that achievement of gender equality and empowerment of women is critical for the
achievement of all other development goals, and thus cuts across, or is essential for, progress
on all other issues and sectors.

The United Nations can be proud of its achievements in relation to its normative and policy
work in establishing mandates and securing global commitments on gender equality and
gender justice. A strong global policy framework – the Beijing Declaration 2 and Platform
for Action – has been in place since 1995 to guide work at national level.

The human rights treaty on gender equality – the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) – has been ratified by 185 States, and its
Optional Protocol by 90 States. The strong mandates and norms at global level are the result
of the focus in the United Nations on gender equality and empowerment of women since its
establishment.

A separate body was created already in 1946 to work on the “advancement of women”. The
Commission on the Status of Women worked from its inception to collect and compile data
on women´s situation around the world, to promote women´s human rights and raise
awareness of, and support for, their contribution to development. The Decade for Women

20
Parihar, Lalita Dhar (2011). Women and law: from impoverishment to empowerment. Lucknow: Eastern Book
Company. ISBN 9789350280591
 P a g e | 23

(1976-1985) and four world conferences on women (between 1975 and 1995) contributed
significantly to raising awareness and commitment to gender equality and gender justice.
The establishment of gender mainstreaming as a critical strategy in the Platform for Action in
1995 was an important breakthrough as it required attention to gender equality and
empowerment of women in all sectors. At the intergovernmental level this meant,
importantly, that promotion of gender equality and empowerment of women was no longer
considered the exclusive responsibility of the Commission on the Status of Women21. Other
intergovernmental bodies were also responsible for taking gender perspectives into account in
their work – including the General Assembly, the ECOSOC and its functional commissions
and the Security Council. Governments were required to give attention to gender perspectives
in all sector areas. All United Nations entities were given clear mandates to mainstream
gender perspectives into all areas of their work.

Reality on the ground

While much has been achieved at the policy and normative level, the situation is quite
different if implementation on the ground is assessed. The very positive policy rhetoric has
not translated into the necessary changes in practice. The ten-year review of implementation
of the Platform for Action in 2005 revealed a huge gap between global policies and norms
and actions at national level. Member States have not lived up to their commitments, and the
United Nations has failed to deliver the necessary support to the Member States. The positive
outcomes of the work at global level is not having the intended impact on the ground.

There are many reasons why, despite the strong mandates at global level, progress in
implementation has been so slow. These include the fact that the important strategy of
gender mainstreaming has not been fully understood and there have been few serious
attempts at implementation – both within UN entities and Member States. Despite global
commitments, there has not been sufficient political will and leadership in top and middle-
level management has been lacking. Mechanisms for holding managers accountable for
gender equality commitments have not been established and insufficient resources have been
allocated.

21
"Gender Inequality Index". United Nations Development Programme. Retrieved 6 october, 2017.
 P a g e | 24

Over and above these institutional factors, an equally important element in the failure to
implement is the issue of attitudes. An honest assessment reveals that there is still a strong
feeling among many decision-makers within the United Nations and in Member States, that
gender equality and gender justice is “just not that important”22. As a result, it is often left to
gender equality specialists – who are almost always women, often at junior level with little
decision-making power, and inevitably under-resourced and lacking strong and visible
management support.

A common response to the efforts of gender equality specialists to bring attention to gender
perspectives in different areas/issues is that the more important work on policy development
and planning must be taken care of first, before attention can be given to issues of gender
equality and gender justice. This illustrates a lack of understanding that gender equality has
implications for policy development and planning in the areas/issues being considered.

Similarly, participants coming to a meeting such as this one, often immediately dismiss the
option of participating in events on gender equality because they are considered only of
interest to women and/or gender specialists; of no relevance to their areas of work; or not as
important as other issues on the agenda. While many recognize the importance of the broader
concepts of “equality” and “justice”, once these concepts are focused specifically on
“gender” – “gender equality” and “gender justice” – they are not considered as important.
What is missing is an understanding of the essential linkages between gender equality and
empowerment of women and progress for all other areas/issues23. The critical messages
reiterated by world leaders in 2000 and 2005 – that gender equality and empowerment of
women is essential for progress in other areas, and that progress for women is progress for all
– have not been fully understood and acted upon.

One other factor, increasingly recognized as critical to the lack of understanding of the
importance of, and commitment to, implementation of gender equality and empowerment of

22 Menon-Sen, Kalyani; Kumar, A.K. Shiva (2001). "Women in India: How Free? How Equal?". United Nations

23
Rao, Mamta (2008). Law relating to women and children (3rd ed.). Lucknow: Eastern Book
Co. ISBN 9788170121329. ...women and the protection provided under various criminal, personal and labour laws in India
 P a g e | 25

women, is the persistence of stereotypes on the roles, capabilities and contributions of

women and men. These stereotypes have negative implications for women all around the
world. The consequences for women in many developing countries are highly visible and
often have devastating impacts on day-to-day life and survival. For women in developed
countries, they may be less visible but can also have serious consequences, for example in
the context of violence against women or underrepresentation in decision-making in many
areas.

Stereotypes result in lack of recognition of gender equality and empowerment of women as

important for development. This is not only problematic within governments or in the United
Nations. Failure to recognize gender inequality and injustice, and to take steps to explicitly
address it, is also a problem in many non-governmental organizations, academic
organizations, professional associations and in the media24. Not surprisingly gender
inequality and injustice can be serious issues within these organizations themselves. Many
organizations which have failed to take up gender equality issues in their work have
organizational cultures which also do not promote gender equality and gender justice within
the organizations.

24
"National policy for the empowerment of women". wcd.nic.in. Ministry of Women and Child Development
 P a g e | 26

CONCLUSION

It is evident from the above discussion that the Constitution of India contains various
provisions relating to equality between men and women and there are certain cases where
women have been given special importance. Along with that certain legal provisions for
women have been enacted viz: the Factories Act, Maternity Benefit Act, Dowry Prohibition
Act, Equal Remuneration Act, Child Marriage Restrain act, Medical Termination of
Pregnancy Act, National Commission for Women Act, Protection of woman from domestic
violence Act, Protection of women against sexual harassment at workplace etc. However, till
date that are violated now and then. Sex violence and gender based violence are increasing at
an alarming rate. The Verma Committee Report of Jan 23rd, 2013, gave a detailed over view
of the crimes relating to women and suggested certain reforms.
I personally believe that the increase in women-related violence is the direct result of the fact
that differences between men and women are more highlighted lately and women are
provided with certain temporary privileges. Equality should be brought back to a place where
both men and women can embrace it and it needs to be re-claimed in a way that is inclusive
of men. When violence against women is highlighted through media, violence against men
should also be brought into account. It must be remembered that when women are expected
to stay at home, protect the family and be good mothers; men are expected to go out and be
bread-earners. If women are oppressed by the social idea of beauty, men are oppressed by the
social idea of success.
I believe that the present idea of equality is less dynamic in its approach and it must be re-
claimed in a way to which even men can relate. Then only equality in the true sense of the
term would be possible.
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BIBLIOGRAPHY

BOOKS

Khanna, Justice H.R (2015). Making of India's Constitution (2nd Edition 2008, (Reprinted
2015) ed.). Eastern Book Company. ISBN 978-81-7012-188-6.

Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation (2nd ed.). Oxford
University Press. ISBN 978-01-9564-959-8.

Pylee, M.V. (2004). Constitutional Government in India. S. Chand & Co. ISBN 81-219-2203-
8.

Sen, Sarbani (2007). The Constitution of India: Popular Sovereignty and Democratic
Transformations. Oxford University Press. ISBN 978-0-19-568649-4.

WEBSITES

Wikipedia

www.legalservices.org

www.indiankanoon.com

www.indiacode.nic.in