Gender Inclusivity In The Indian Laws
Gender Inclusivity in Indian Laws
Introduction:
The discussion about equality has been going on for an eternity now. People talk about equality but to get there we must first understand the importance of gender inclusivity and how important it is for a functioning society to achieve it.
The Constitution of India establishes the rule of law that considers everyone equal before the law and applies to all citizens equally. However, it is not so in practicality, prejudice does exist in Indian society as discrimination against marginalised and minority groups continues in many regions.
The legislative has enacted several laws in their favour to level the playing field and safeguard the marginalised people from further harm while giving them equality with other communities. These laws play a significant role in resolving difficulties however often they serve to promote gender stereotypes and occasionally lack protection of the rights of other genders.
Time has transformed gender-specific laws to more and more stringent, but it requires gender-inclusive legislation to tackle inequality. Thus, gender inclusivity laws aim to treat everyone equally and restrain discrimination irrespective of gender identity.
Historical Context:
In the Vedic era, women occupied highly reputable societal positions as part of sabhas and samitis. Manusmriti also expresses its appreciation for women by saying, "Women must be honoured and adorned as godness and their presence in sacred rites as god rejoice.”[1] However, the end of this period brought several traditions and rituals that worsened the status of women including child marriage, polygamy, the sati system and their exclusion from sabhas and samitis.
In Medival India, women were exposed to cruel customs. In both urban and rural regions dowry systems became a serious issue that led to the loss of women's lives. Modern technology and science led to the widespread occurrence of female foeticides.[2]
The Indian Constitution adopted in 1950, lays down fundamental principles of equality, justice and liberty for all citizens irrespective of gender that enshrines the provision supplemented by legislative measures and progressive policies having sought to address historical inequalities and empower women across various spheres of life.[3]
Contitutional Provisions:
The Indian Constitution in addition to protecting women’s equality also empowers the state to assist women in overcoming social, economic, political and educational obstacles. In a country where goddesses like Lakshmi and Saraswati are worshipped, inequality still exists. There was a time when the presence of women was signified as God's happiness but today women are discouraged from doing many tasks and are considered only as caretakers of the family.
Gender parity the word means different needs, desires and behaviours of men and women shall be respected, favoured and regarded as reasonable, that doesn’t mean both become identical it rather means that their rights and responsibilities will not rely on whether they were born male or female. Dr B.R. Ambedkar a great supporter of women when it comes to their education, empowerment and rights was an important member of the drafting committee and his attitude was fairly reflected in the Constitution of India that preserves the proposition of gender parity in its preamble, fundamental rights, fundamental duties and directive principles.
Article 14 outlines that the state shall not deny equal rights and opportunities in the social, political and economic spheres to any person.[4]
Article 15(1) forbids discrimination against any person based on caste, sex, religion, race etc.[5]
Article 15(2) empowers the government to make any special provision that benefits women and empowers gender equality.[6]
Article 16 provides all citizens equal access to public appointments.[7]
Article 21 protects the life and personal freedom of all citizens.[8]
Article 23 prohibits forced labour and human trafficking.[9]
Article 39(a) states that the state must ensure that every citizen man and woman shall have equal rights to means of livelihood.[10]
Article 39(d) talks about equal compensation for equal work to all men and women.[11]
Article 42 empowers the state to make provisions for maternity leave and to maintain decent working conditions.[12]
Article 51(A)(e) abstrains any practice that diminishes women’s dignity.[13]
Over time legislation has also enacted numerous laws that empower the rights of women and provide them with legal footing to pursue equality and justice like reserving 1/3 of seats for women in panchayats and municipalities, enactment of the Sati Prevention Act 1987 that aimed to stop the glorification of this practice and connected issues, in 1983 rape and domestic violence was termed under punishable offence, modification in minimum age of marriage under special marriage in favour of the society, enactment of the laws that forbids exchange of dowry before and after marriage, medical termination of pregnancy within 20 week, equal rights of daughter in ancestral property as men after 2005 amendment and many more.[14]
In cases like Vishaka vs. State of Rajasthan (1997), NALSA vs. Union of India (2014), vineeta Sharma vs. Rakesh Sharma (2020) and many more the honourable Supreme Court of India has timely addressed the importance of gender inclusivity and in several circumstances has taken initiatives to interpret the gist of the laws, the court never hesitates to enact any new law or amend an existing law to overcome the challenges evolving from growing generation. Vishaka case led to the enactment of an Act in 2013 for the prevention, protection and redressal of sexual harassment of women in the workplace, the judgement of NALSA led to the recognition of transgender people by granting them fundamental rights under the Indian constitution and the right of self-identification whereas, in the case of Vineeta Sharma the court explained amendment of 2005 in great depth and stated that in a Hindu Undivided Family, the coparcenary right to a daughter is granted by birth in the same way as to a son and held that they have this right of inheritance irrespective of whether they were born before or after the amendment.
Conclusion:
Throughout history, India has struggled with deeply ingrained gender inequality perpetuated by ancient texts and colonial policies. Legal reforms and governmental policies have gradually paved the path to gender inclusivity however, the process of achieving it in Indian laws is not a one-time process but an ongoing process. The culture and traditions of a society play a great role in starting the gender inequality epidemic.
To achieve gender inclusivity more effectively it is important to create awareness about the implementation of policies that address gender violence and discrimination, particularly in rural and remote villages. Women have consistently proved their equality with men in all fields however there still exists a portion of society for whom these efforts don’t matter thus, the ultimate crux of achieving gender inclusivity lies in changing the mindset and perspective of these societies and its people.
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[16]> accessed on 11 June 2024.
[17]> accessed 11 June 2024.
[18]> accessed on 11 June 2024.
[19]> accessed on 12 June 2024.
[20] The Constitution of India, 1950.
[21] The Constitution of India, 1950.
[22] The Constitution of India, 1950.
[23] The Constitution of India, 1950.
[24] The Constitution of India, 1950.
[25] The Constitution of India, 1950.
[26] The Constitution of India, 1950.
[27] The Constitution of India, 1950.
[28] The Constitution of India, 1950.
[29] The Constitution of India, 1950.
[30]> accessed on 12 June 2024
- ↑ #_ftn1" name="_ftnref1" title=" [1]
- ↑ #_ftn4" name="_ftnref4" title=" [4]
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- ↑ #_ftn7" name="_ftnref7" title=" [7]
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- ↑ #_ftn10" name="_ftnref10" title=" [10]
- ↑ #_ftn11" name="_ftnref11" title=" [11]
- ↑ #_ftn12" name="_ftnref12" title=" [12]
- ↑ #_ftn13" name="_ftnref13" title=" [13]
- ↑ #_ftn14" name="_ftnref14" title=" [14]
- ↑ #_ftn15" name="_ftnref15" title=" [15]
- ↑ #_ftn16" name="_ftnref16" title=" [16]
- ↑ https://www.savetemples.org/post/where-women-are-respected-gods-rejoice/422 https://www.savetemples.org/post/where-women-are-respected-gods-rejoice/422
- ↑ https://testbook.com/ias-preparation/gender-inequality-in-india#:~:text=During%20the%20medieval%20period%2C%20women,the%20loss%20of%20women's%20lives. https://testbook.com/ias-preparation/gender-inequality-in-india#:~:text=During%20the%20medieval%20period%2C%20women,the%20loss%20of%20women's%20lives.
- ↑ https://www.census2011.co.in/sexratio.php https://www.census2011.co.in/sexratio.php
- ↑ https://indianexpress.com/article/cities/pune/minister-urges-women-lawyers-to-act-as-social-auditors/ https://indianexpress.com/article/cities/pune/minister-urges-women-lawyers-to-act-as-social-auditors/
- ↑ https://edukemy.com/blog/constitutional-provisions-laws-and-policies-for-women-in-india-upsc-indian-society https://edukemy.com/blog/constitutional-provisions-laws-and-policies-for-women-in-india-upsc-indian-society
- ↑ #_ftnref6" name="_ftn6" title=" [6]
- ↑ #_ftnref7" name="_ftn7" title=" [7]
- ↑ #_ftnref8" name="_ftn8" title=" [8]
- ↑ #_ftnref9" name="_ftn9" title=" [9]
- ↑ #_ftnref10" name="_ftn10" title=" [10]
- ↑ #_ftnref11" name="_ftn11" title=" [11]
- ↑ #_ftnref12" name="_ftn12" title=" [12]
- ↑ #_ftnref13" name="_ftn13" title=" [13]
- ↑ #_ftnref14" name="_ftn14" title=" [14]
- ↑ #_ftnref15" name="_ftn15" title=" [15]
- ↑ https://edukemy.com/blog/constitutional-provisions-laws-and-policies-for-women-in-india-upsc-indian-society-notes https://edukemy.com/blog/constitutional-provisions-laws-and-policies-for-women-in-india-upsc-indian-society-notes