Ensuring Gender Equality In India

Index

1. Introduction: Gender Equality 
2. Ensuring Gender Equality: Key Constitutional Provisions In India
3. The Sexual Harassment Of Women At Workplace Act, 2013
4. The Dowry Prohibition Act, 1961
5. The Protection Of Women From Domestic Violence Act, 2005
6. The Commission Of Sati (Prevention) Act, 1987
7. Landmark Supreme Court Cases Addressing Gender Equality In India
8. Evolution Of Women’s Rights And Protections In India
9. Evolution Of Women’s Rights And Protections In India
10.  What Can Be Done
11. Conclusion 

Introduction: Gender Equality 

India has been a patriarchal society for a long time, and it’s important for women to stand up for themselves now. Even in today’s modern era, there is still a lot of inequality between men and women, both at work and at home. Old traditions and customs are so deeply rooted in our society that they limit women’s freedom, independence, and opinions. Women often don’t get opportunities, are not allowed to have their own opinions, and are confined to their homes, making them dependent on men.

Ensuring Gender Equality: Key Constitutional Provisions In India

Gender equality in India entails offering equal opportunities to both men and women across all sectors, including the workplace, wages, and opportunities provided. Discrimination based on gender should be eradicated. The Indian Constitution enshrines several articles that emphasise equality:

Article 14: Article 14 enshrines the Right to Equality as a fundamental right, ensuring that every Indian citizen receives equal treatment under the law, free from discrimination based on race, caste, class, religion, or gender. Early forced marriages often hinder women’s ability to pursue higher education and employment, leading to dependency on men.

Article 15: This article prohibits the state from discriminating against individuals based on caste, class, religion, gender, and other such factors. It mandates that wages and treatment in the workplace be equitable for both men and women.

Article 16: Article 16 guarantees equal opportunities for all Indian citizens in public sector employment, prohibiting discrimination based on religion, gender, caste, and other factors.

Article 39: This article advocates for equal pay for equal work, ensuring that men and women receive the same wages for the same job, eliminating gender-based wage disparities.

The Sexual Harassment Of Women At Workplace Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, is designed to protect women from sexual harassment in the workplace. Such harassment negatively impacts women’s fundamental rights and their dignity. It is the government’s responsibility to establish and enforce rules and regulations to ensure a safe and respectful work environment for women.

The Dowry Prohibition Act, 1961

The Dowry Prohibition Act was enacted to eliminate the custom of dowry demand and harassment and make it punishable by law. The age-old custom of giving and receiving dowries must be eradicated. This practice demands that the wife and her family meet the husband’s and in-laws’ demands with expensive gifts, often disregarding the financial condition of the wife’s family. Failure to meet these demands can lead to the wife being ill-treated, abused, and tortured, sometimes resulting in dowry deaths. 

The Protection Of Women From Domestic Violence Act, 2005

The Dowry Prohibition Act was enacted to eliminate this custom and make it punishable by law. Domestic violence remains prevalent in many households today. Wives are often ill-treated by their husbands, subjected to mental and physical abuse by in-laws, and made to suffer. These issues are frequently dismissed as family matters, allowing perpetrators to go unpunished. 

The Commission Of Sati (Prevention) Act, 1987

This Act was enacted to abolish the custom of sati and make it punishable by law, including fines and lifelong imprisonment for those who force someone to commit sati or attempt it themselves. Sati, an ancient custom, required a widow to die by being burned alive with her deceased husband as a social rite. Historically, young girls were married off to older men, making it likely that the men would die early, and the women would be forced to perform sati, facing a miserable and painful death. 

Landmark Supreme Court Cases Addressing Gender Equality In India

Shayara Bano vs. Union of India and Ors. (2017) :In this case, Shayara Bano challenged the practice of triple talaq after her husband, Rizwan Ahmed, divorced her in 2016 following 15 years of marriage. The Supreme Court ruled in her favour, declaring triple talaq unconstitutional. The court held that the practice violates Article 14 of the Constitution, as it allows a husband to instantly dissolve the marriage without the wife’s consent or any effort to reconcile.

Vishaka and Ors. vs. State of Rajasthan and Ors. (1997): This case centers on Bhanwari Devi, a social activist in Rajasthan who opposed child marriage. Her attempts to prevent the marriage of an infant led to her being sexually harassed and raped in retaliation. The Supreme Court, in response, established the Vishaka Guidelines to address sexual harassment in the workplace, to be enforced until specific legislation was enacted.

Mrs. Mary Roy, Etc. vs. State of Kerala and Ors. (1986): Mary Roy, a widow, was denied her rightful inheritance by her brothers, who seized the family property. Determined to assert her rights, she took the matter to court, arguing that her right to equality had been violated. This case highlights the persistent patriarchal attitudes and dominance in Indian society.

Evolution Of Women’s Rights And Protections In India

Pre-Constitution Era: During British rule in India, the legal framework lacked comprehensive laws, particularly concerning women’s rights. Recognizing the precarious position of women in Indian society compared to women in England, the British enacted several laws to improve the lives of Indian women. Key areas addressed include:

1. Slavery and Trafficking:Many girls and women were trafficked and forced into labour under deplorable conditions. Laws were established to prohibit slavery and trafficking, ensuring that violators faced punishment.
2. Miscarriages, Feticide, and Infanticide: Voluntary miscarriages and female infanticide were prevalent, often due to a preference for male children. Stringent laws were enacted to prevent these practices and protect the lives of female infants.
3. Outraging Modesty: Crimes such as teasing, molestation, and sexual harassment were prevalent. Laws were introduced to address these crimes, aiming to provide women with a safer environment.

Post-Constitution Era: After the adoption of the Indian Constitution, stricter laws were implemented to safeguard women’s rights. Efforts were made to raise awareness among women and the broader society about these rights, empowering women to protect themselves. For example, domestic violence laws were strengthened.

What Can Be Done

The increasing education and awareness among women have led to significant structural and cultural changes in India. Various women’s organisations and NGOs now work specifically on women’s issues, ensuring their freedom and justice. Additionally, women police officers are assigned to handle sensitive cases, including domestic violence. As India continues to develop, substantial progress and opportunities for women are becoming more evident.

Men and women should be treated equally, both at work and at home. However, we often see disparities in wages between men and women for the same work. This includes the entertainment industry among actors and actresses. This issue calls for change. 

In today’s technology-driven world, most people use social media. It is an excellent platform to highlight issues and spread awareness about the challenges faced by women. Social media is the fastest way to reach a large audience, including higher authorities. Through this medium, we can inform women of their rights and help them overcome various problem

The inequalities prevalent since ancient times stem from traditional beliefs that viewed girl children as burdens. Hence, this led to assigning them the roles of serving their husbands and caring for the family. This mindset has been passed down through generations. The sons were given more opportunities and taught that household chores were solely for women. If we start treating children equally, providing the same opportunities for both girls and boys, and teaching them that work should be shared equally, our country will see significant positive transformation.

Conclusion 

In conclusion, advocating for women’s rights and ensuring gender equality are fundamental to building a just and prosperous society. Women’s rights are human rights, and recognizing this principle is essential for the progress of any nation. Empowering women through equal opportunities, fair wages, and shared responsibilities at home and in the workplace not only benefits women but also enhances societal well-being and economic growth. It is imperative that we continue to raise awareness, challenge outdated traditions, and educate the next generation about the importance of equality. By doing so, we can create a world where everyone, regardless of gender, has the chance to thrive and contribute meaningfully.