jagomart
digital resources
picture1_Justice Pdf 152927 | Studymeterial01122020


 155x       Filetype PDF       File size 0.29 MB       Source: rajasthanjudicialacademy.nic.in


File: Justice Pdf 152927 | Studymeterial01122020
gender justice introduction the issue of gender justice has been debated over for a long time and is still one of the biggest human rights challenges although gender equality is ...

icon picture PDF Filetype PDF | Posted on 16 Jan 2023 | 2 years ago
Partial capture of text on file.
                         GENDER JUSTICE 
          
         INTRODUCTION 
          
         The issue of gender justice has been debated over for a long time and is still one of the biggest 
         human rights challenges. Although gender equality is a fundamental human right and is essential 
         for a peaceful and developed society, achieving gender equality is still an unfinished business. In 
         India,  deeply-rooted  cultural  institutions  play  a  major  role in perpetuating gender inequality. The 
         Indian courts often act as activists for people and a profound Indian Constitution create hope for 
         achieving  gender justice.  
         The  Constitution  of  India  has  given  new  dimensions  of  Indian  society  in  certain  sphere.  The 
         Constitution  does not use the word 'Gender'. It uses the word 'sex' in articles 15(1), 16 (2) and 
         325  which  prohibits  discrimination  on  the  grounds  of  sex.  Although  the  word  'sex'  has  a 
         narrower  meaning  than  the  word  'gender'  and  the  above  provisions  merely  guard  against 
         discrimination on the basis of 'sex' and the 'gender justice' which aims at much more than mere 
         absence  of  discrimination.  The  distinction  and  discrimination  on  the  basis  of  sex,  color,  creed, 
         caste,  race  religion  etc  have  been  done  away  with,  and  according  to  fundamental  rights  have 
         been declared void. In the same strain, Article 14 of the Constitution guarantee quality before the 
         law,  Article  15  and  16  remove  prohibition  or  discrimination  on  the  ground  of  religion,  race, 
         caste,  sex  or  place  of  birth  etc  and  also  gives  a  direction  to  the  state  to  make  provisions  for 
         women  and  children.  Interestingly,  our  constitution  authorizes  the  state  to  make  special 
         provisions  for  the  protection  and  development  of women and children. A large number of laws 
         have  also  been  enacted  from  time  to  time  for  empowering  them  and  raising  their  status.  The 
         government has amended a number of laws that affected women adversely including laws related 
         to dowry, rape, cruelty, maintenance, marriage, domestic violence, prostitution and obscenity etc. 
         The  apex  court  of  India  has  passed  several  progressive  judgments  favouring  women.  Various 
         welfare  and  development  schemes  have  been  introduced  to  improve  the  living  conditions  of 
         women  and  to  increase  their  access  to  and  control  of  material  and  social  resources.  Further, 
         various special steps have been taken to remove legal, social and other constraints and disparities 
         to enable them to make use of the rights and opportunities made available to them yet there are 
         many outdated social customs and traditions which are still followed, they wield more power and 
         authority  than  the  statutory  enactments  and  undo,  most  of  the  gains  of  these  pragmatic 
         programmes resulting  in inequitable  distribution  of the fruits of progress and development. 
          
         GLOBAL VIEW ON GENDER JUSTICE  
         Gender Justice, simply put refers to equality between the sexes. Gender justice is a correlation of 
         social,  economic,  political,  environmental,  cultural  and  educational  factors,  these  preconditions 
         need to be satisfied for achieving gender justice. Globally, gender justice as a cause has gained in 
         strength  over  the  years,  as  it  has  been  realised  that  no  state  can  truly  progress  if  half  of  its 
         population  is held back. 
          
                                                             1 
          
       The  struggle  for  equal  rights,  freedom  and  justice  has  been  made  by  human  rights  activists, 
       feminists, NGO's and through Government support. Even though considerable progress has been 
       made in this  regard,  women are still lagging behind. With globalisation, there are other complex 
       issues that women face today along with the elementary issues that have always plagued women. 
       Consumerism and cultural  heterogeneity  has  brought  in  its  fold  more  objectification  of women. 
       Apart from these issues, there are still many cultures in the world where the condition of women 
       is  still  deplorable,  they  still  have  no  control  or  right  over  themselves  or  their  bodies  or  their 
       children.  The  condition  is  worse  in  Africa  and  the  Middle  East.  Gender  Justice  refers  to 
       harmonising  of  rights and needs of women into mainstream society. Justice in this sense means 
       more balanced behaviour,  an end to violence and equal distribution  of social necessities. 
       Globally,  the  United  Nations  has  established a strong mandate for gender justice. The focus on 
       gender  equality  and  gender  justice  has  been  there  since  the  inception  of  the  UN.  In  1946,  a 
       separate  body  was  formed  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  (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.  In  1995,  the  Beijing  Declaration  and 
       Platform for Action had been framed for guiding  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  the  optional 
       protocol by 90 states. 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.  At  the  2005  World  Summit,  world  leaders 
       reiterated that progress for women is progress for all. The UNIFEM is another agency of the UN. 
       It  is  the development fund for women at the United Nations. It provides technical and financial 
       assistance to innovative programmes and strategies to foster women's empowerment and gender 
       equality.  The  United  Nations  Development  Programme  (UNDP)  also  has  the  Gender 
       Development Index (GDI). It is an indication of the standard of living in a country, developed by 
       the  UN.  It  aims  to  show  the  inequalities  between  men  and  women:  long  and  healthy  life, 
       knowledge  and  decent  standard  of  living.  India  is  ranked  128th  in  the  Gender  Development 
       Index, while USA is 12th and UK is 16th. 
        
       INDIAN LEGISLATIVE  FRAMEWORK ON GENDER JUSTICE  
       In  India,  the  principle  of  gender  equality  has  been  enshrined  in  its  Constitution,  the  very 
       document that  provides  the  basis  and  guidance  for  governance  in  a  democracy.  In  this  sense, 
       gender  justice  in  India  is  inextricable  for  the  working  of  the  democratic  principles  we  have 
       adopted.  The  inclusion  of  gender  justice  –  equality  before  the  law,  enfranchisement,  positive 
       discrimination  for  neutralizing  social  and  economic  inequity  –  among  other  things  made  the 
       Indian Constitution. 
                                                 2 
        
                              While we are still a long way from achieving what can be termed as „equality‟ in the sphere of 
                              gender,  the  fact  that the Constitution provided a foundational basis to the idea of gender justice 
                              in India has helped us sustain a struggle for levelling the field en masse and has paved the way 
                              for enactment of legislations  that were passed in the years following  1950. 
                              The Constitutional  Provisions  that provide for gender justice in India include Articles 14, 15, 16, 
                              39, and 42.  
                              Article 14 provides for equality before the law, or for the equal protection of laws. The equality 
                              provided herein is therefore two pronged: equality before the law means that the State shall not 
                              discriminate between two citizens – every person is the same in the eyes of the law. On the other 
                              hand,  equal  protection  of  laws  enables the State to undertake positive discrimination in order to 
                              bring  all  citizens  on  an  equal  footing.  It gives the State freedom to make special provisions for 
                              disadvantaged  sections  of  the  society,  which  includes  affirmative  action  and  special  status  for 
                              women etc. 
                              Article 15 (1) explicitly prohibits any discrimination on the basis of sex; it states, „The State shall 
                              not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or 
                              any of them.‟ This does not prevent the State from taking affirmative action in favor of women. 
                              Under Article  15(3), the State is provided with the power to make special provision for women 
                              and children. 
                              Article  16  provides  for equality of opportunity of all in matters relating to public employment or 
                              appointment to any office; it specifically forbids discrimination on the grounds of sex. Article 16 
                              (2)  reads: „No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, 
                              residence  or  any  of  them,  be  ineligible  for,  or  discriminated  against  in  respect  or,  any 
                              employment  or office under the State.‟ 
                              Article  39  provides  for  securing  the  right  to  an  equal  means  of  livelihood  for  both  men  and 
                              women and that both men and women have the right to equal pay. 
                              Article 42 provides  for securing just and humane conditions  of work and for maternity relief. 
                              Apart  from  these  major    Constitutional  Provisions  the  other  constitutional  provisions 
                              accentuating upon gender equality  are hereby mentioned  below: 
                                   i.        The  State  to  promote  with  special  care  the  educational  and  economic  interests  of  the 
                                             weaker sections of the people and to protect them from social injustice and all forms of 
                                             exploitation  (Article 46) 
                                 ii.         The State  to  raise  the  level  of  nutrition  and  the standard of living of its people (Article 
                                             47) 
                                iii.         To  promote  harmony  and  the  spirit  of  common  brotherhood  amongst  all  the  people  of 
                                             India and to renounce practices derogatory to the dignity  of women (Article 51(A) (e)) 
                                iv.          Not  less  than  one-third  (including the number of seats reserved for women belonging to 
                                             the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled 
                                             by  direct  election  in  every  Panchayat  to  be  reserved  for  women  and  such  seats  to be 
                                             allotted  by rotation  to different constituencies in a Panchayat (Article 243 D(3)) 
                                  v.         Not less than one- third of the total number of offices of Chairpersons in the Panchayats 
                                             at each level to be reserved for women (Article 243 D (4)) 
                                                                                                                                                                                                                            3 
                               
                     vi.     Not  less  than  one-third  (including the number of seats reserved for women belonging to 
                             the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled 
                             by  direct  election  in  every  Municipality to be reserved for women and such seats to be 
                             allotted  by rotation  to different constituencies in a Municipality  (Article 243 T (3)) 
                    vii.     Reservation  of  offices  of  Chairpersons  in  Municipalities  for  the  Scheduled  Castes,  the 
                             Scheduled  Tribes  and  women  in  such  manner  as  the  legislature of a State may by law 
                             provide  (Article 243 T (4)). 
                   In  order  to  meet  the  Constitutional  Mandates,  the  Indian  State  has  in  the  years  following 
                   Independence  enacted  various  laws  that  provide  for  equal  rights,  help  counter  the  results  that 
                   have arisen from social discrimination  and provide  support to women. 
                   While there are various crimes defined under the Indian Penal Code, 1860 (IPC) of which both 
                   men and women can be victims (robbery, theft, murder, etc.), but there are a few crimes which 
                   fall  under  the  category  of  crimes  against  women,  defined  under  the  Indian  Penal Code (IPC), 
                   1860: 
                      i.     Rape (Sec. 376 IPC) 
                     ii.     Kidnapping  & Abduction for different purposes ( Sec. 363-373) 
                     iii.    Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) 
                     iv.     Torture, both mental and physical  (Sec. 498-A IPC) 
                      v.     Molestation  (Sec. 354 IPC) 
                     vi.     Sexual Harassment (Sec. 509 IPC) 
                   There  are  also  numerous  legislations  that  have  specific  provisions  to  address  women and their 
                   interests thereby providing  a strong legislative  basis for gender justice in India. These are: 
                   Although  all  laws  are  not  gender  specific,  the  provisions  of  law  affecting  women  significantly 
                   have  been  reviewed  periodically  and  amendments  carried  out  to  keep  pace  with  the  emerging 
                   requirements. 
                   Some acts which have special provisions  to safeguard women and their interests are: 
                   (i) The Employees State Insurance Act, 1948 
                   (ii)  The Plantation  Labour Act, 1951 
                   (iii)  The Family  Courts Act, 1954 
                   (iv) The Special Marriage Act, 1954 
                   (v) The Hindu  Marriage Act, 1955 
                   (vi) The Hindu  Succession Act, 1956 with amendment in 2005 
                   (vii)  Immoral Traffic (Prevention) Act, 1956 
                   (viii)  The Maternity Benefit Act, 1961 (Amended in 1995) 
                   (ix) Dowry Prohibition  Act, 1961 
                   (x) The Medical Termination  of Pregnancy Act, 1971 
                   (xi) The Contract Labour (Regulation  and Abolition)  Act, 1976 
                   (xii)  The Equal Remuneration  Act, 1976 
                   (xiii)  The Prohibition  of Child  Marriage Act, 2006 
                   (xiv) The Criminal  Law (Amendment) Act, 2018 
                   (xv) The Factories (Amendment) Act, 1986 
                   (xvi) Indecent Representation of Women (Prohibition)  Act, 1986 
                                                                                                                                            4 
                    
The words contained in this file might help you see if this file matches what you are looking for:

...Gender justice introduction the issue of has been debated over for a long time and is still one biggest human rights challenges although equality fundamental right essential peaceful developed society achieving an unfinished business in india deeply rooted cultural institutions play major role perpetuating inequality indian courts often act as activists people profound constitution create hope given new dimensions certain sphere does not use word it uses sex articles which prohibits discrimination on grounds narrower meaning than above provisions merely guard against basis aims at much more mere absence distinction color creed caste race religion etc have done away with according to declared void same strain article guarantee quality before law remove prohibition or ground place birth also gives direction state make women children interestingly our authorizes special protection development large number laws enacted from empowering them raising their status government amended that affec...

no reviews yet
Please Login to review.