Gender Neutrality
Gender Neutrality: An Indian Perspective
INTRODUCTION:
Gender neutrality is a tenet set by the new world order that encompasses the ideals of equality in an egalitarian sense and the equal social treatment of everyone irrespective of any gender normative biases. It is further irrespective of a person’s gender identity allowing the new world order to be gender fluid and uphold the idea of #LoveisLove, which is also celebrated by the landmark judgment of Navtej Johar Cite error: Closing </ref> missing for <ref> tag</ref>
HISTORICAL CONTEXT ON GENDER BIASES IN INDIA:
Historically, Indian society has been patriarchal in nature having laws which reflect and reinforce the engrained gender roles in social norms. Ancient texts like Manusmriti codified and embraced these gender roles that created women’s dependence on the male patriarchs or male family leaders and placed women in submissive and side positions confining them to dutiful daughters, wives and mothers. Cite error: Closing </ref> missing for <ref> tag</ref>
Orthodox traditions like the practice of sati, child marriage, dahej pratha or dowry system, pardah pratha or ghunghat veiling the woman culture, etc. are examples of these engrained societal norms which fostered the hierarchy of men over women and encouraged the suppression of women’s voices and their narrative was pushed down in the society.
After India’s Independence in 1947, the adopted Constitution in 1950 had the provisions of equality and non-discrimination and specific laws and amendments were enacted to protect the rights of the marginalized, especially women and then gender specific laws were created to address the historical and systematic oppression caused to women and grant them legal protection from the continuance of these struggles.
ONGOING BIAS IN LEGISLATION AGAINST MEN:
The Domestic Violence Act 2005 Cite error: Closing </ref> missing for <ref> tag.</ref> is an achievement that recognizes domestic violence of women in the households and penalizes the wrongdoers, however this act fails to address the possibility of men being the victims and this one-sided legislation leaves men without any further legal recourse in these situations.
Many instances of the misuse of Section 498A of the IPC (cruelty to a married women by her husband or his relatives, w.r.t. dowry harassment) by false allegations by women have been surfacing whereby innocent men and their families can get arrested under its provisions, highlighting a gender bias in legislation.
Until it was struck down by the landmark judgement of Joseph Shrine in 2018, Cite error: Closing </ref> missing for <ref> tag</ref>.
ECONOMIC PAY PARITY AND GENDER BIAS IN EMPLOYMENT:
Women earn less than men for the same job role because of discriminatory hiring practises that again reinforce the gender norms. According to World Economic Forum’s Global Gender Gap Report, 20% is the gender pay gap for India, Cite error: Closing </ref> missing for <ref> tag</ref>.
The Maternity Benefit (Amendment) Act of 2017, mandates 26 weeks of paid maternity leave for women, which is a healthy and progressive step to support working mothers but in light of gender neutrality, there are lack of paternity leave provisions. This reinforces traditional gender norms making man the breadwinner and forcing the responsibility of childcare and child raising on the mother. This normalizes women sacrificing their career choices and adds to their economic inequality; while seeing through the other window, it also limits men’s opportunity of participation in raising their children. Cite error: Closing </ref> missing for <ref> tag</ref>
Even Indian legislation predominantly assumes the man to be the breadwinner, for example in maintenance and alimony laws, s.125 of the CRPC, this assumption can lead men to be mandated to provide for their wife/partner after divorce, regardless of the spouse’ financial status. While this provision, enacted bona fide by the government in legislation, in today’s evolving times doesn’t uphold the tenet of gender equality and neutrality. Its misuse is highly probable even in situations where the women is equally or more financially capable.
BIASED LEGAL PROVISIONS:
The Protection of Children from Sexual Offenses Act, or the POCSO Act 2012 is largely gender neutral except it overlooks the possibility of female perpetrators and in practicality, the charge of statutory rape under POCSO Cite error: Closing </ref> missing for <ref> tag</ref>
TRANSITION TOWARDS GENDER NEUTRALITY:
All the examples given above, reiterate the need for the elimination of all such gender biasedness and parities, there is dire need for recognition of the tenet of gender neutrality and adoption of it in our legislations which will pave the way for an egalitarian future generation that encompasses virtues of proper social, economic and legal equality and inclusivity. There is a dire need to fix up legislations with these loopholes and incorporate gender neutral language in them, this will not only ensure gender neutrality but also respect the rights and ensure inclusion and recognition of the LGBTQIA+. Public education social campaigns to change the public perspective are needed.
CONCLUSION:
The world because of globalization is becoming a smaller family, there is urgent need today to adopt the tenet of gender neutrality in our society to reduce existing gender normative horrors and oppression faced by the marginalized in our society, it is necessary for a welfare society to ensure equal social justice.