ELIMINATION OF GENDER DISCRIMINATION IN INDIA:

LAW AND ROLE OF JUDICIARY

(SEMINAR PAPER ON LAW, POVERTY AND DEVELOPMENT)

NAME- GAGANDEEP KAUR

ENROLLMENT No. - GGV/16/2025
ROLL No. - 16001114
B.A.LL.B. (X sem)

SUBMITTED TO - DR. SAGAR KUMAR JAISWAL

(HEAD OF DEPARTMENT, SCHOOL OF LAW)

SUBMITTED AS A PART OF ‘SEMINAR-II’ IN PARTIAL

FULFILMENT FOR REQUIREMENT OF DEGREEOF
‘B.A.LL.B.’

SESSION- 2020-2021

SCHOOL OF LAW
GURU GHASIDAS VISHWAVIDYALAYA
KONI, BILASPUR (C.G.)
 ACKNOWLEDGEMENT

Primarily, it would be my pleasure to express my sincere thanks to DR.SAGAR

KUMAR JAISWAL, Head of Department, School of Law, Guru Ghasidas University,
Bilaspur (C.G.) for his helping hand. His guidance and constant supervision for seminar
paper are responsible for attaining its present form. I am grateful to him for extension of
his helping hand towards me.

Then, I would like to express my gratitude to my seniors and my fellow classmates for
their whole hearted cooperation and support.

I would also thank my parents for their constant motivation and shall remain indebted to
them.

Lastly, I am thankful to each and every person who has contributed towards this project.

GAGANDEEP KAUR
B.A.LL.B. (X sem)
16001114
 DECLARATION

I hereby declare that this seminar paper entitled “ELIMINATION OF GENDER

DISCRIMINATION IN INDIA: LAW AND ROLE OF JUDICIARY” is completed
under the supervision of DR. SAGAR KUMAR JAISWAL and is the original piece of work
of undersigned.

All information provided here are to the best of my knowledge.

All information in this document has been obtained and presented in accordance with
academic rules and conduct. It is not submitted to any other organization for any other
purpose.

I am indebted to the authors of the books I referred for the project and the writers of the
articles and websites I relied upon.

GAGANDEEP KAUR
B.A.LL.B. (X sem)
16001114
 CERTIFICATE

This is to certify that GAGANDEEP KAUR, student of B.A.LL.B. 10TH SEMESTER has
completed her Seminar paper on “ELIMINATION OF GENDER DISCRIMINATION
IN INDIA: LAW AND ROLE OF JUDICIARY” in partial fulfilment of the requirement
for the B.A.LL.B degree of 2020-21 of the university.  

The student has worked under the supervision of HEAD OF DEPARTMENT DR. SAGAR
KUMAR JAISWAL and has duly submitted the required number of hard/soft copies in
the Department of Law as per the instructions. 

DR. SAGAR KUMAR JAISWAL

(HEAD OF DEPARTMENT)

(School of Law)
 TABLE OF CONTENT

Acknowledgement

Declaration

Certificate

Introduction

I. Gender- Concept and Definitions

II. Gender discrimination
III. Commentary on Gender and Poverty exclusion in India
IV. Role of law and judiciary in eliminating gender discrimination
V. Recent cases of gender equality in India and around the world
VI. Conclusion
VII. Findings and Suggestions

Bibliography
 ELIMINATION OF GENDER DISCRIMINATION IN INDIA:
LAW AND ROLE OF JUDICIARY
Gagandeep kaur
Email Id: gagandeepkaur1015@gmail.com

ABSTRACT

Gender is a general term that gender discrimination only applies to women, because women
are the only victims of gender discrimination. Women account for almost 50% of the total
population, but their share in public life is very small. Recognizing women’s rights and
believing that their skills are essential to women’s empowerment and development. India
addresses the challenge of gender inequality that goes beyond equal economic growth and
access to educational resources. Gender inequality exists in the form of pre-determined and
socially constructed gender roles, which are firmly rooted in the social and cultural structure
of India and have deep cultural and historical roots. The impact on all areas, including the
organization’s workforce and social and political background. This undeniable influence is
still regarded as the norm on the periphery of society and the family. The purpose of this
article is to provide an analysis of gender causes and inequality in India. This research
investigates gender discrimination in India and its various forms and causes. This document
also discusses the role of women in development, women’s legislation and combating gender
discrimination.

Keywords: Gender discrimination, Women’s development, Legislation for women,

Education, Employment, Economic independence, Empowerment
 INTRODUCTION
Discrimination against women and girls is a widespread phenomenon that affects all levels of
Indian society. Despite relatively strong economic growth, India’s progress in gender equality
(measured by rankings such as the Gender Development Index) has been disappointing.
Although India's GDP has increased by about 6% in the past decade, the female labor force
participation rate has dropped significantly, from 34% to 27%. The pay gap between men and
women remains at 50% (a recent study found that the gender pay gap in office work was
27%). Crimes against women are on the rise, especially violent crimes such as rape, dowry
deaths and honour killings. With it comes education and prosperity, and the possible decline
in connection with traditional institutions and society’s pre-determined gender roles that
hinder women.

Women’s status is an indicator of development. Women’s participation in the labor force is

vital to economic development. However, due to gender discrimination and violence against
women’s ideology, institutional practices, and existing practices, they cannot effectively
participate in the development process. Social norms have severely weakened the inequality
between women. Although our society has adopted legislative measures in favor of women,
after realizing self-employment, expanding education and promoting women’s economic
independence, countless women are still victims of violence. Women dare not judge when
they are molested by men, knock on the door of the state machine, are seriously injured,
threaten their lives, or cannot bear the problem of criminals-they should endure their pain.
The problem is because they come from family, relatives, friends, neighbours, Work and
other criminals. According to Indian news reports, the lack of trust between the police and the
public has resulted in various acts of violence against women not being. Democratic
institutions have failed to build trust among women. Their problems are resolved through
legal mechanisms, without consuming physical or mental energy, and without loss of money,
dignity or reputation. Here, this article uses second-hand data to analyze gender inequality in
my country's judicial system, the reasons for this discrimination, its impact on modern
society, and possible solutions.
 I. GENDER- CONCEPTS AND DEFINITIONS

Gender is not what we are born with, not what we have, but what we do (West and
Zimmerman 1987) and what we do (Butler 1990). Imagine a little boy proudly following his
father. At the same time, swell up and straighten your chest. , He tried his best to be like his
father-to be a man. His father might not brag, but the boy created an image that embodies the
image he admires as a role model for adults. The girl put on her mother's high heels and put
on makeup on her face. These children may not be shaken or itchy when they grow up, but
their childhood games contain elements that can be found in the behaviour of adult men and
women. People who feel socially disadvantaged are more likely to give in. Therefore, many
recent gender theories are mainly (but not completely) developed by women. But this may
not be as cute as his adult’s prank. If the child decides to try a little bit, then they probably
won't be considered cute at all. In other words, gender performances are open to everyone,
but performers and performers can be restricted with impunity. When society seeks to
coordinate behaviour and biologically based gender preferences, gender and gender will meet
here.

Conceptualisation of Terms:
Gender refers to the social relations between men and women. It refers to the relationship
between men and women, boys and girls, and how this is socially constructed. Gender refers
to human traits linked by culture to each sex1. Within a society; males are socialized to be
masculine as females are taught to be feminine. Thus, gender is the difference that sex makes
within a society, guiding how we are to think of ourselves, how we interact with others, the
social opportunities, occupations, family roles and prestige allowed to males and females.

Gender analysis is a critical examination of how differences in gender roles, activities,

needs, opportunities and rights/entitlements affect men, women, girls and boys in certain
situation or contexts2. It examines the relationships between females and males and their
access to and control of resources and the constraints they face relative to each other. A
gender analysis should be integrated into all sector assessments or situational analyses to

1
Haralambos and Holborn, 2004
2
March et al, 1999
ensure that gender based injustices and inequalities are not exacerbated, and that where
possible, greater equality and justice in gender relations are promoted.

Gender equality refers to the equal rights, responsibilities and opportunities of males and
females. It is defined as “women having the same opportunities in life as men, including the
ability to participate in the public sphere,” 3 equality does not mean that women and men
will become the same but that women’s and men’s rights, responsibilities and
opportunities will not depend on whether they are born male or female. Gender equality
implies that the interests, needs and priorities of both women and men are taken into
consideration, recognizing the diversity of different groups of women and men. Gender
equality is not a women’s issue but should concern and fully engage men as well as women.
Equality between women and men is seen both as a human rights issue and as a precondition
for, and indicator of, sustainable people centred development. Gender equality refers to a
relational status between women and men.

Gender equity is the process of being fair to men and women, boys and girls and is about
equality of outcomes and results. Gender equity may involve the use of temporary special
measures to compensate for historical or systemic bias or discrimination. It refers to
differential treatment that is fair and positively addresses a bias or disadvantage that is due to
gender roles or norms or differences between the sexes. 4 It is a means to ensure that women
and men, girls and boys have an equal chance not only at the starting point but also when
reaching the finishing line. It is about the fair and just treatment of both sexes that takes into
account the different needs of the men and women, cultural barriers and (past) discrimination
of the specific group. Gender equity refers to an approach where measures are put in place to
compensate for the historical and social disadvantages that prevent women and men from
operating on a level playing field.

3
Reeves and Baden 2000
4
Reeves and Baden 2000
 II. GENDER DISCRIMINATION

Gender is a common term whereas gender discrimination is meant only for women, because
females are the only victims of gender discrimination. Gender discrimination is not
biologically determined but it is determined by socially and the discrimination can be
changed by the proper and perpetuate efforts. Denial of equality, rights and opportunity and
suppressment in any form on the basis of gender is gender discrimination. Half of the world’s
population is females. They are doing two-third of work of the total work in the world but
received only one-tenth of the world’s total income. Nearly two-third of the women is
illiterates and they have possessed only one percent of the total world’s assets. In the world
only one-fourth of the families are headed by female. India is a male dominant society and
gender discrimination is customised habitually.

What is Gender Discrimination?

Gender discrimination is the unequal or disadvantageous treatment inflicted on someone

because they belong to a specific gender. It is usually the women who usually have to face
such gender discrimination.
Education and learning opportunities: gender-wise literacy rates in India showcase the wide
gap between men and women. As per 2011 census data, effective literacy rates (age 7 and
above) were 82.14% for men and 65.46% for women. Parents are unwilling to spend on girls’
education because educating women is of no value as they will only serve their husbands and
the in-laws in the future.
The Indian constitution provides equal rights and privileges for both men and women, but
most women across India don’t enjoy these rights and opportunities guaranteed to them. This
is because of a number of reasons.

Discriminations:

From web to death females are facing lots of discrimination against them. Some of them are-

1) Abortion of female gravida with the help of scanning.

 2) Feoticide (By giving liquid extract from cactus / opuntia, giving raw paddy to new
born female baby, by pressing the face by pillow or by breaking the female baby’s
neck).
3) Not giving enough and nutritious food.
4) Not allowing to go to school (Denial of education).
5) Not giving needy health care while in ill health.
6) Early marriage
7) Eve teasing, Rape and Sexual harassment
8) Dowry
9) Divorce, Destitution even for silly or without any reason.

Like male or even above them female plays important role in the family and national
development. But her contribution is not recognized by the male dominant society.

Causes of gender inequality:

The main causes of gender discrimination are-

Poverty –
This is the root cause of gender discrimination in the patriarchal Indian society, as the
economic dependence on the male counterpart is itself a cause of gender disparity. A total of
30% of people live below the poverty line, and out of this 70% are women.

Illiteracy –
Gender discrimination In India had led to educational backwardness for girls. It’s a sad
reality that despite educational reforms in the country, girls in India are still denied a chance
at learning. The mind-set needs to be changed, and people need to understand the benefits of
educating girls. An educated, well-read woman ensures that other members, especially the
children of the house, get a quality education.

Patriarchal setup in our Indian society –

Men dominate societal and family life in India. This has been the case in the past ages and
continues to be practised in the majority of households. Though this mind-set is changing
with urbanization and education, there is still a long way to permanently change the scenario.
Social Customs, Beliefs and Practices –
To date, a lot of families have a preference for a male child and disfavour towards the
daughter. Sons, especially in the business communities, are considered economic, political,
and ritual assets where daughters are considered liabilities.

Lack of Awareness among Women –

Most of the women are unaware of their fundamental rights and capabilities. They lack a
basic understanding of how the socio-economic and political forces affect them. They accept
all discriminatory practices that persist in families from generation in the name of tradition
and societal norms primarily due to their ignorance and unawareness.

Gender-based discrimination across India can only be checked when girls are not denied
their chance to learn and grow in life. Girls like boys should get a great start in life in
terms of educational opportunities. This will help them attain economic independence
and help them be rightly equipped to contribute towards their upliftment and that of the
society they are part of.

Solution for Gender Discrimination:

Various movements, programmes are being carried out by the Government, voluntary
organizations and by lot of social activities for women’s development and against the gender
discrimination. To solve the gender discrimination problem the following factors would be
very useful. The factors are-

1. Education- Education develops the skills, imparts knowledge, changes the attitude
and improves the self-confidence. It provides employment opportunity and increases
income. Hence educating women is the prime factor to combat gender discriminate
and for the upliftment of women. Not only the female, the society must be educated to
give equal right for female.
2. Employment- Employment gives the income and improves the economic position of
the women. Employed women are given importance by the family members.
Employment gives the economic independence for the women.

3. Economic Independence- In India, mostly, women in the young age – depends her
father, in the middle age- she depends on her husband and in the older age – depends
on her son. Woman always depends on somebody for her livelihoods hence,
independent in economic aspects are imperative for women’s development. Economic
independence will free the women from the slavery position and boost the self-
confidence. Economic independence of women also helps in the national economic
development.

4. Empowerment- Empowering women with the help of laws, education and

employment will make the society to accept the women as an equal gender like male.
Female also has all the potential and empowering women will help to use her full
capability and mitigate the economic dependency of women.

5. Self-confidence- Due to prolonged suppresment, Indian women, and an especially

uneducated and unemployed woman hasn’t had the self-confidence. Women need
self-confidence to fight against all the atrocities against her and to live self-esteemed
life. Hence, boosting the morale and self-confidence of the women, is the key to
eliminate the inferior complex of her.

6. Decision Making- Even in the family as well as in the society the decision making
power of women is denied. Mostly males make the importance decision in the family
and in the society. This makes women as voice less and destroys herself confidence
and she feels less important in the family as well as in the society. So, to end gender
discrimination women must empower with decision making power.
 III. COMMENTARY ON GENDER AND POVERTY
EXCLUSION IN INDIA

Women constitute a majority of the poor and are often the poorest of the poor. The societal
disadvantage and inequality they face because they are women shapes their experience of
poverty differently from that of men, increases their vulnerability, and makes it more
challenging for them to climb out of poverty. In other words, poverty is a gendered
experience — addressing it requires a gender analysis of norms and values, the division of
assets, work and responsibility, and the dynamics of power and control between women and
men in poor households.

In most societies, gender norms define women’s role as largely relegated to the home, as
mother and caretaker, and men’s role as responsible for productive activities outside the
home. These norms influence institutional policies and laws that define women’s and men’s
access to productive resources such as education, employment, land and credit. There is
overwhelming evidence from around the world to show that girls and women are more
disadvantaged than boys and men in their access to these valued productive resources. There
is also ample evidence to show that the responsibilities of women and the challenges they
face within poor households and communities are different from those of men. Persistent
gender inequality and differences in women’s and men’s roles greatly influence the causes,
experiences and consequences of women’s poverty. Policies and programs to alleviate
poverty must, therefore, take account of gender inequality and gender differences to
effectively address the needs and constraints of both poor women and men.

Poverty indicators are gender blind

The study of poverty from the point of view of gender has gained importance since the 1990s.
Studies within this framework “examine gender differences in the poverty-generating results
and processes, particularly focusing on the experiences of women and asking whether they
form a disproportionate and growing contingent among the poor. This emphasis implies a
perspective that highlights two forms of asymmetries that become intersected: gender and
class.” The studies that confirm gender inequalities, particularly in access to and fulfilment of
basic needs, support the claim that “female poverty cannot be comprised under the same
conceptual approach as male poverty.” Poverty indicators are usually based on household
information, without acknowledging the large gender and generational differences that exist
within households. From a gender perspective it is necessary to decode situations within
households, since people who share the same space maintain asymmetric relationships and
authority systems tend to prevail. Gender inequalities within family contexts, which cause
differentiated access to resources of the domestic group, worsen women’s poverty,
particularly in poor households. Further, despite current changes in roles, the division of
labour by sex within households is still very rigid.

The division of labour by sex assigns women to domestic work and limits their access to
material and social resources and participation in political, economic and social decision-
making. Women are at greater risk of poverty because they have relatively limited material
assets and also more limited social assets (access to income, goods and services through
social connections) and cultural assets (formal education and cultural knowledge). The
consequences of this disparity persist throughout a woman’s entire life in diverse forms and
in different areas and social structures.

The limitations placed on women by the division of labour by sex and the social hierarchies
based on this division determine a socially unequal situation mainly within these three
closely-linked systems: the labour market, the welfare or social protection system and the
household.

Applied to families, the gender perspective improves the understanding of how a household
works.

It uncovers hierarchies and patterns of resource distribution, thereby questioning the idea that
resources within a household are equitably distributed and that all household members have
the same needs. The gender approach to the study of poverty unmasks both public and
household discrimination by identifying power relationships and unequal distribution of
resources in both spheres.

The definition of poverty determines what indicators will be used for its measurement as well
as the type of policies that should be implemented to overcome it. As Feijoó puts it, “that
which is not conceptualized is not measured.” Since poverty is measured according to the
socio-economic characteristics of households as a whole, it is impossible to identify gender
differences in relation to access to basic needs within the household.
Household surveys are also limiting in the way they obtain information since the only
resource considered is income, while time devoted to household production and social
reproduction of the home are not taken into account.

Naila Kabeer proposes making up for limitations in poverty measurement by disaggregating

information to take into account the differences between “beings” and “doings” in the
household.

According to Kabeer, there is a need for indicators which recognize that the lives of women
are ruled by different and sometimes more complex social restrictions, titles and
responsibilities than men’s, and that women live their lives to a large extent outside the
formal economy.

This broader concept of poverty would include dimensions like economic autonomy and
gender violence, which are rarely taken into account in poverty studies.

Measurement of poverty from a gender perspective

Poverty measurement not only helps make poverty visible but also plays a crucial role in
policy development and implementation. Measurement methodologies are closely linked to
specific conceptualizations of poverty and therefore measurements may differ, since they
address different aspects of poverty. No methodology is neutral; not even gender-sensitive
ones, since all include subjective and arbitrary elements that limit their accuracy and
objectiveness.

The gender perspective contributes to widening the concept of poverty by identifying the
need to measure poverty in a way which accounts for its complexity and multidimensionality.
The debate on poverty measurement methodology does not propose the development of a
single indicator which synthesizes all the dimensions of poverty. On the contrary, the idea is
to explore different measurement proposals geared to improving the more conventional
techniques while noting their advantages and limitations, as well as to creating new
measurements.

Measuring household income

The measurement of poverty according to household income is currently one of the most
widely used methods. It is a very useful quantitative indicator to identify poverty situations,
and as far as models of monetary measurement are concerned, there is no method that is more
effective. Also there is greater availability of country data that measure poverty in monetary
terms than by using other approaches (capabilities, social exclusion, and participation).
Measuring poverty by income therefore allows for country and regional comparisons and
helps policy makers by estimating how many people are poor.

The main deficiency of income measurement is its inability to reflect the multidimensionality
of poverty. It emphasizes the monetary dimension of poverty, and therefore ignores cultural
aspects of poverty like power differences, which determine access to resources; and above
all, unpaid domestic work, which is indispensable to the survival of households.

Another frequent critique of this poverty measurement is that it does not take into account
that people also satisfy their needs through non-monetary resources, such as community
networks and family support.

Measuring income per capita by household presents serious limitations to capturing intra-
household poverty dimensions. It fails to account for the fact that men and women experience
poverty differently within the same household. This is because households are the unit of
analysis, and an equitable distribution of resources among household members is assumed.
By this measurement all household members are equally poor.

Unpaid work within the household is not counted as income. Yet domestic work can make a
considerable difference in household income. Male-headed households are more likely to
count on free domestic work performed by the female spouse and therefore avoid incurring
expenses associated with household maintenance. This is less likely to happen in female
headed households, which generally incur the private costs of doing unpaid domestic work:
less rest and leisure time, which affects levels of physical and mental health; less time to
access better job opportunities and less time for social and political participation.

Further, the income method does not show the differences between men and women in their
use of time or their expenditure patterns. These aspects are central to the analysis of poverty
from a gender perspective. Time use studies confirm that women spend more time than men
in unpaid activities, with the result that they have longer workdays to the detriment of their
health and nutrition levels.

Individual measurements of economic autonomy and ability to fulfil each person’s needs are
necessary to study intra-household poverty.
It is not about replacing one measurement with another, but about working with both, since
they serve different purposes. Individual poverty measurements allow us to identify poverty
situations which remain hidden to traditional measurements, such as the poverty of people
living in non-poor households but without their own incomes.

Those studies expose the greater limitations faced by women in becoming economically
autonomous.

Unpaid work

Unpaid work is a central concept in the study of poverty from a gender perspective. Even
when not valued monetarily, that work satisfies needs and allows for social reproduction to
take place. There is a strong relationship between unpaid work and the impoverishment of
women. The need to measure women’s work has been highlighted and has led to different
proposals which suggest assigning monetary value to domestic work and its inclusion in
national accounts. The measurement of unpaid work would also show an important difference
in household income between households with a person devoted to domestic work and care
giving (male headed households) and households that must pay the private costs associated
with this work (female headed households).

Women’s Experience of Poverty

Girls and women in poor households bear a disproportionate share of the work and
responsibility of feeding and caring for family members through unpaid household work. In
poor rural households, for example, women’s work is dominated by activities such as
firewood, water and fodder collection, care of livestock and subsistence agriculture. The
drudgery of women’s work and its time-intensive demands contribute to women’s “time
poverty” and greatly limit poor women’s choice of other, more productive income-earning
opportunities.

Faced with difficult time-allocation choices, women in poor households will often sacrifice
their own health and nutrition, or the education of their daughters, by recruiting them to take
care of siblings or share in other household tasks. This is just one piece of a pattern of
gendered discrimination in the allocation of resources in poor households. Evidence shows
that the gender gaps in nutrition, education and health are greater in poorer households. This
lack of investment in the human capital of girls perpetuates a vicious, intergenerational cycle
of poverty and disadvantage that is partly responsible for the intractable nature of poverty.

Why Focus on Women in Poverty?

A focus on poor women as distinct from men in efforts to reduce poverty is justified because
women’s paid and unpaid work is crucial for the survival of poor households.

Women are economic actors: They produce and process food for the family; they are the
primary caretakers of children, the elderly and the sick; and their income and labor are
directed toward children’s education, health and well-being. In fact, there is incontrovertible
evidence from a number of studies conducted during the 1980s that mothers typically spend
their income on food and health care for children, which is in sharp contrast to men, who
spend a higher proportion of their income for personal needs. A study conducted in Brazil,
for example, found that the positive effect on the probability that a child will survive in urban
Brazil is almost 20 times greater when the household income is controlled by a woman rather
than by a man (Quisumbing et al., 1995).

Yet women face significant constraints in maximizing their productivity. They often do not
have equal access to productive inputs or to markets for their goods. They own only 15
percent of the land worldwide, work longer hours than men and earn lower wages. They are
overrepresented among workers in the informal labor market, in jobs that are seasonal, more
precarious and not protected by labor standards.

Despite this, policies and programs that are based on notions of a typical household as
consisting of a male bread-winner and dependent women and children often target men for
the provision of productive resources and services. Such an approach widens the gender-
based productivity gap, negatively affects women’s economic status, and does little to reduce
poverty. Addressing these gender biases and inequalities by intentionally investing in women
as economic agents, and doing so within a framework of rights that ensures that women’s
access to and control over productive resources is a part of their entitlement as citizens, is an
effective and efficient poverty reduction strategy.
Ways to Reduce Women’s Poverty

Over the years there have been many efforts to reduce women’s poverty. Investments to
increase agricultural productivity, improve livestock management and provide livelihood
opportunities are key ways to address the needs of poor rural women. Another, more popular
and effective intervention that currently reaches millions of women worldwide is
microfinance — small loans and other financial services for poor women who have no access
to the formal banking system. Microfinance programs have succeeded in increasing the
incomes of poor households and protecting them against complete destitution.

Yet another strategy to improve the economic status of poor women has been to increase
women’s access to and control of land. Women who own or control land can use the land to
produce food or generate income, or as collateral for credit.

These strategies are promising and offer potential for meeting the international community’s
commitment to gender equality as demonstrated most recently through the inclusion of Goal
3 in the Millennium Development Goals (MDGs). All that remains now is for that
commitment to be transformed into action.
 IV. ROLE OF LAW AND JUDICIARY IN ELIMINATING
GENDER DISCRIMINATION

Law is omnipresent and it impacts different aspects of people’s lives. The significance of law
and rights in affecting people’s lives is increasing with the expansion of the legal domain into
public and private spheres. Law helps an individual by providing them the right to enjoy their
life lawfully and to live as free and autonomous agents of society. Disparities in access to
rights are redressed through rules and institutions established or resulting from such rules, be
they social or legal. However, these disparities affect both men and women but women are
lagging behind men in many fields. These inequalities could be refusing women the right to
acquire, manage, and dispose of assets in their name which restricts their financial
opportunities, economic productivity, and bargaining power in the household. Law needs to
take into contemplation how differences in women’s and men’s social, economic, and legal
rights affect the way they experience law and justice in their lives.

Both men and women often face alike issues in accessing justice but anyhow women often
have to face additional barriers.

Role of law and justice

Indian women living in a patriarchal country are facing many violence at homes. It is
important to note that the Constitution of India provides equal rights and opportunities for
both men and women and make equal provisions for improving the status of women in the
society, Article 15 of the Constitution of India states that “the state shall not discriminate on
the basis of sex” and Article 44 of the Constitution of India also states that “the state shall
endeavour to secure for the citizens a uniform civil code throughout the territory of India” 
but still Indian women are facing discrimination in various fields. For which, The Indian
Parliament passed certain laws for the protection of Indian women. The Indian Parliament
passed section 498A of the Indian Penal Code in 1983. For the first time in the history,
domestic violence was recognized as a criminal offence. This section basically deals with
cruel act by the husband or his family towards the married woman. The law under section
498A of the Indian Penal Code also deals with dowry harassments. If any woman is being
harassed for dowry, this provision provides the protection of Indian women from domestic
violence.  Apart from section 498A of the Indian Penal Code, the Indian Parliament also
passed “The Protection of Women from Domestic Violence Act 2005” for the protection of
the women from domestic violence. Though, there is one specific provision under section
304B of the Indian Penal Code which talks about dowry death but rather filing a case under
section 498A of the Indian Penal Code is an apt solution.

Indian Government have also fixed quotas or seats reserved for women so that they can lead
and lead from the front.  Our present Government led by our Honourable Prime Minister
Mr.Narendra Modi has started many campaigns and they are “Beti Bachao, Beti Padhao”,
“Selfie with Daughter”. Nowadays, there are various campaigns being held for the benefit
and grant of the rights to the women. This shows the initiative taken by our Government for
only the betterment of the women and these kinds of effects we got to see from our
Government being done primarily for the women empowerment. Government have even
made karate classes compulsory in the school for the girls for the self-defence. These
inclusion is made by the Ministry of HRD for the schools.

The judiciary as a change agent for gender equality

The judiciary can bring important changes in society when the judiciary operates without
gender bias and supports gender equality. The decisions given by the judiciary becomes a
norm for all the people in the society through established mediums of state-citizen
engagement and the influence of the court goes beyond those who come in direct contact with
them. However, it is not always that the judiciary is effective in upholding gender equality as
a majority of people may not be influenced by the judicial decisions for instance customary
laws might govern a lot of people.

Judicial decisions- It is the foremost duty of the courts to decide cases by interpreting the
constitution and uphold gender equality in such decisions. Courts have the right to strike
down legal provisions that promote discrimination based on gender such as the unequal rights
inheritance of properties. 

Countries, where the judiciary takes cognizance of enforcement of rights, have laid down
guidelines in the absence of any domestic law. The Supreme Court in Nepal had instructed
the Nepalese government to issue a new bill before the Parliament in consultation with
women’s groups and sociologists and by studying the laws in different countries. The
Supreme Court of India had declared sexual harassment unlawful under the Indian
constitution and international conventions and had also laid down directives and guidelines
which should be observed in all the workplaces and other organizations until legislation
concerning the sexual harassment was adopted by the parliament.

Rules and regulations

The rules and regulations that direct the court procedures are usually drafted by the judiciary
itself. These rules can provide a gender-sensitive environment and contain provisions such as
permitting a woman who has been subjected to sexual violence to testify in private chambers,
waiting for areas for victims, confidentiality, and privacy of the victims, and simple evidence
requirements. These rules provide a comfortable and non-discriminatory environment for
women.

Gender balance in the judiciary 

The judiciary needs to show that the discriminatory norms against women are non-existent in
the appointment of judges. The equal representation of both genders on the bench will
influence the gender-responsiveness of the courts and women judges will contribute to the
diversity and representativeness of the courts. Women judges will have a better
understanding of the grievance of women and will help in establishing gender equality.

Physical access and resource allocation

To get justice physical access is crucial and policies that focus on increasing the number of
courts or judges or creating mobile courts may prove beneficial to women more than it is to
men as it is usually women who suffer from restricted mobility and limited time. Court fees
also hinder the redressal of women for their grievances.

Role of Indian judiciary in neutralising gender equality

The Indian Judiciary has an important role to play in empowering women and establishing
gender fairness in a country where gender disparity is prevalent in almost all sectors of
society. The Indian Judiciary through his judicial decisions has helped women to get her what
is due to her as a matter of right and has shown that discrimination against women in Indian
society won’t be tolerated at all.

The work of the judiciary is to interpret and apply the laws laid down in the constitution. The
main objective of the laws is to give justice to the aggrieved. The legislature can draft the
legal provisions but the judiciary must implement the laws in such a way that it can give
justice to all keeping in mind the principles of equity, justice, and good conscience. The
judiciary examines all the provisions and then implements them in the proper places for the
development of society.

The Indian Constitution through the judiciary has protected women from injustice. The
Constitution of India has always uplifted the rights of women. The constitution has laid down
provisions for safeguarding their rights and also allows for making special laws for women
such as the Dowry Prohibition Act 1961, the Medical Termination of Pregnancy Act
1971, the Immoral Traffic (Prevention) Act, 1956, the Maternity Benefit Act 1961, Indecent
Representation of Women (Prohibition) Act, 1986. Specific provisions have been drafted in
the personal law to give maintenance to women under section 24 and section 25 of the Hindu
Marriage Act, 1955 and Section 18 of the Hindu Adoptions and Maintenance Act, 1956 and
these provisions are also available under the Parsi Marriage and Divorce Act, 1936 and
the Indian Divorce Act, 1869. Maintenance to Muslim women have been granted under
the Muslim Women (Protection of Rights and Divorce) Act, 1986.

Judicial protection for women’s rights

The nation-wide outrage over the brutal gang rape and subsequent death of Jyoti Singhin
New Delhi was the driving force behind the promulgation of the Criminal Law (Amendment)
Act, 2013 ("Criminal Law Amendment Act"). The Criminal Law Amendment Act, 2013 that
came into force on February 3, 2013 amended as well as inserted new sections in the Indian
Penal Code with regard to sexual offences. Some of the new offences recognized by the
Criminal Law Amendment Act are acid attacks, voyeurism, stalking, intentional disrobing of
women and sexual harassment.
In 2013, India adopted its first legislation specifically addressing the issue of workplace
sexual harassment; the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 ("POSH Act") enacted by the Ministry of Women and Child
Development, India. Workplace sexual harassment is a form of gender discrimination which
violates a woman's fundamental right to equality and right to life, guaranteed under Articles
14, 15 and 21 of the Constitution of India. The POSH Act had been enacted with the
objective of preventing and protecting women against workplace sexual harassment (which
include creation of a hostile work environment) and to address complaints of sexual
harassment.

Maternity Benefit (Amendment) Act, 2017 ("Maternity Amendment")

2017 witnessed the bold amendment to the Maternity Benefit Act, 1961 ("Maternity
Act").The Maternity Amendment extends paid maternity leave for women employees with
less than two surviving children, from the original twelve (12) weeks to twenty-six (26)
weeks. A maximum of eight (8) weeks can be taken before the expected delivery date and the
remaining after childbirth. Women expecting their third child were also provided with the
right to take twelve (12) weeks of paid maternity leave—six (6) weeks before childbirth and
six after.

The Maternity Amendment provided for mothers adopting a child below three months of age,
or "commissioning mothers" to take twelve (12) weeks of maternity leave from the date of
receiving the child. The Maternity Amendment enables mothers to work from home after
completing twenty-six (26) weeks of leave subject to their work profiles and the employer's
consent. The Maternity Amendment also mandates establishments employing 50 or more
employees to have a crèche which is required to have prescribed facilities and amenities.
Women employees have a right to visit the crèche four times a day, including during their
rest interval.

Decriminalizing of Adultery

On September 27, 2018, a five-judge bench of the Supreme Court of India ("Supreme Court")
struck down another colonial-era law, Section 497 of the Indian Penal Code that prescribed a
maximum imprisonment of five years to men for adultery.
Unlike India's sexual assault laws, which are linked with consent of the woman, the 158-year-
old adultery law did not consider the woman's will. Though women couldn't be punished
under the provision, a husband could prosecute the man who had sexual relations with his
wife, even if the wife was a voluntary participant in the act.

Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, petitioned the
Supreme Court to strike down the law. He argued that it discriminated against men by only
holding them liable for extra-marital relationships, while treating women like objects. All five
Supreme Court judges hearing the case said the law was archaic, arbitrary and
unconstitutional. The Court however clarified that adultery will be a ground for divorce.

Dipak Misra, the then Chief Justice of India said that"It's time to say that (a) husband is not
the master of (his) wife. Women should be treated with equality along with men".Justice R F
Nariman who wrote a separate judgment to concur with the judgments of Chief Justice Dipak
Misra and Justice Khanwilkar, stated that Section 497 was an archaic provision which had
lost its rationale. "Ancient notion of man being the perpetrator and woman being victim of
adultery no longer holds well", observed Justice Nariman.

Justice Chandrachud in his separate but concurring opinion said that Section 497 was
destructive to woman's dignity and also emphasized that "Respect for sexual autonomy must
be emphasized"."Section 497 perpetrates subordinate nature of woman in a marriage", were
his concluding remarks. Justice Indu Malhotra noted in her judgement that the Section
institutionalized discrimination.

This was the second colonial-era law struck down by the Supreme Court after it struck down
the 157-year-old law which criminalized gay sex in India.

Triple Talaq 

Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to

divorce their wives immediately by uttering the word "talaq" (divorce) three times.

The Supreme Court, once again in its recent landmark judgment of Sayarabano Vs. Union of
India pronounced on August 22, 2017, set aside the practice of "Triple Talaq". The bench
declared Triple Talaqas unconstitutional by a 3:2 majority. The Judgment by the minority
bench also further directed the Government of Union of India to lay a proper legislation in
order to regularize the proceedings of divorce as per Shariat law.

Taking into consideration the views of the Supreme Court, the Muslim Women (Protection of
Rights on Marriage) Bill, 2018 ("Triple Talaq Bill") was introduced in Lok Sabha by the
Minister of Law and Justice, inDecember, 2018. Better known as the Triple Talaq Bill, the
bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not
enforceable in law) and illegal. It defines talaq as talaq-e-biddat or any other similar form of
talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.

The Triple Talaq Bill makes declaration of talaq a cognizable offence, attracting up to three
years' imprisonment with a fine.The offence will be cognizable only if information relating to
the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii)
any person related to her by blood or marriage.

The Triple Talaq Billis pending the nod of the Rajya Sabha. In the interim period, an
ordinance penalizing the act of triple talaq has been promulgated. The ordinance making the
practice of instant triple talaq, a penal offence has been issued for a third time in February
2019.

Sabrimala Issue

The Supreme Court on September 28, 2019, delivered one of the most keenly awaited
judgment in the Sabarimala case.By a 4:1 majority, the Supreme Court permitted entry of
women of all age groups to the Sabarimala temple, holding that 'devotion cannot be subjected
to gender discrimination'. The lone woman in the bench, Justice Indu Malhotra, dissented.
Then Chief Justice Dipak Misra, Justice R F Nariman, Justice AM Khanwilkar and Justice
DY Chandrachud constituted the majority.

The judgment was delivered in a 2006 PIL filed by Indian Young Lawyers Association
challenging the centuries-old tradition of Sabrimala Temple banning entry of women of
menstruating age inside the temple.

"Woman is not lesser or inferior to man. Patriarchy of religion cannot be permitted to trump
over faith.Biological or physiological reasons cannot be accepted in freedom for faith", said
Chief Justice Dipak Misra while reading out portions of the judgement written out for himself
and Justice AM Khanwilkar.

Justice Chandrachud in his separate but concurring opinion held that the idea behind the ban
was that presence of women will disturb celibacy, and that was placing burden of men's
celibacy on women. This stigmatizes and stereotypes women, he analyzed.

Justice R F Nariman held that the customs and usages of Sabarimala temple must yield to the
fundamental right of women to worship in the temple.

Women's Reservation Bill 

Women's Reservation Bill or the Constitution (108th Amendment) Bill, is a pending bill in
India which proposes to amend the Constitution of India to reserve 33 per cent of all seats in
the Lower House Lok Sabha, and in all state legislative assemblies for women. The seats to
be reserved in rotation will be determined by draw of lots in such a way that a seat shall be
reserved only once in three consecutive general elections. The Upper House, Rajya Sabha
passed the bill on March 9, 2010.

As of today, the Lok Sabha has not yet voted on the bill and the bill still remains in limbo. If
the Lok Sabha were to approve the bill, it would then have to be passed by half of India's
state legislatures and signed by the President.

Case laws

The judicial decisions given by the Indian Judiciary has affected and brought a lot of
important changes in the usual norms of the society. 

In the case of Air India Etc. vs Nergesh Meerza, Indian airlines had laid down some
provisions which were held violative of Article 14 of the Constitution of India. The provision
stated that the air hostesses will not marry for their first four years of their joining and shall
lose their jobs if they become pregnant and shall retire at the age of 35 unless it is extended
by the managing director at his discretion. The Supreme Court held that the termination of
service on the first pregnancy conflicts Article 14 and the extension of the job by the
managing director also violates the principle of equality established by Article 14 because
this provision gives unrestrained authority in the hands of one person.

In the Dharwad District PWD Employees Association case, the Court held that there shall
be no discrimination based on gender between the workers and they should be paid fairly
according to their work and that the Article 39(d) of the Indian Constitution provides for
payment of equal consideration both men and women workers for equal same work or work
of a similar nature and Article 16 provides that there shall be equal opportunity for all citizens
in matters of employment. 

In the case of Shah Bano Begum, the Supreme Court of India had commanded the
parliament to frame a uniform civil code concerning the liability of a Muslim husband to give
maintenance to his divorced wife who is not able to maintain herself after the iddat period
and held that the section 125 of the Code of the Criminal Procedure, 1973 will be applied to
all husbands irrespective of religions and the husband will have to maintain her divorced
wife.

In the Vishakha vs. State of Rajasthan case, the Supreme held that gender equality can be
established through fundamental rights guaranteed under Article 14, Article 19, and Article
21 of the Indian Constitution and sexual harassment at a workplace is a clearcut violation of
these fundamental rights which in turn violates the principle of gender equality and in
absence of any domestic law to address the evil of sexual harassment, assistance can be taken
from International Conventions and Statutes as long as it does not conflict the interests of any
domestic law or the Constitution of India. Guidelines were set which were to be followed by
the employers to ensure a fair, safe, and comfortable working environment for the employees,
especially to women.

Common areas of concern for women 

Law has a crucial role to play in upholding gender equality in society and it needs to
contemplate how differences in women’s and men’s social, economic, and legal abilities
impact the way they experience law and justice in their lives, and how their daily lifestyle
considerably shapes patterns of their life.
The absence of legal security and the prevalence of unequal legal provisions in the field of
family, property, personal status laws restrict women’s access to legal justice. Economic,
social, psychological, educational factors also contribute to the restricted access of women to
legal justice. When the judicial institutions are accessed they further limit the access of
women because of biases, lack of gender sensitivity, and limited capacity.

Perceptions of gender roles are implanted and accepted by both men and women who find the
theories of equality and human rights foreign and threatening to their established social order
in which they already know their roles.

Barriers to accessing justice

 Discriminatory law restricts women’s ability to make choices and restrain their
access to a wider range of opportunities. For example unequal inheritance rights,
unequal rights and responsibilities in marriages, laws which require women to
obtain the consent of their spouses for travel or employment.
 Lack of proper laws to address specific inequalities against women. For example,
despite having rules laid down against workplace harassment, women tend to face
verbal, physical, and sexual harassment in workplaces. 
 Women do not have the proper access to information about their rights and
entitlements as well as how to seek legal remedies. Usually, they are also excluded
from involving over issues external to the household such as land and business
negotiations. 
 The Financial costs involved in court cases such as the court fees and
transportation expenses result in delay or failure in seeking legal redress.
 Women who are aware of their rights are still not able to seek justice due to
dependency, shame, or fear. Women tend to care for their relationships and are
reluctant to sue a spouse or a family member.
 The judicial structure may be gender-biased or deprived of gender sensitivity. For
instance, people in judicial institutions think that marriage related matters are
private and not within the jurisdiction of the institution. 
 Lack of proper judges and judicial institutions to address gender inequalities in
society. The limited capacity of judges and legal structures adds to it.
Discrimination based on gender is a social evil that should be curbed at all times. The
judiciary of a nation has to step up and interpret the laws in such a way to uphold the
principle of equality. Constitutional efforts have to be made to empower the state of women
in our society and amend all the existing laws which restrain women from making choices
and accessing all the opportunities in life. Governments have to introduce programs,
schemes, funds, and welfare policies that should focus on the social, economic, and
educational empowerment of women. Initiatives have to be taken to make a change in the
mind-set of society.
 V. RECENT CASES OF GENDER EQUALITY IN INDIA
AND AROUND THE WORLD

Every single year we witness a hoard of ‘humanists and equalists’ levying arguments against
feminism. Across social media, we are mansplained about how we need to advocate
advancements on basis of merit and not gender. Have we forgotten that for centuries women
didn’t have rights, a voice or opportunities? One would think the narrative would have
changed, and yet 2020 has been a painful reminder of how gender equality remains a distant
dream, not just in India, but globally.

Here are 10 cases from India and around the world this year which show that gender equality
is anything, but reality:

The Shadow Pandemic

There was an exponential rise in the reported cases of domestic violence against women
during COVID-19 induced lockdown.

In South America, emergency calls for domestic violence cases in Argentina increased by 25
percent since the lockdown began. Helplines in Singapore and Cyprus registered a rise in
calls of more than 30 per cent. In the USA, the National Domestic Violence Hotline reported
a rising number of victims who reached out. In India, over 30 percent women suffered
physical and sexual violence by their spouses in five out of 22 surveyed states and Union
territories in the country.

Evidence shows that, even before the pandemic, one in three women has experienced
physical and/or sexual violence from an intimate partner in their lifetime. The pandemic
aggravated incidents of domestic violence of mental, physical and sexual nature.
Sexist Remarks against Indian Female Politicians

A lot of sexist remarks have been passed against female politicians in India from time and
again. This year, the two most highlighted incidents are the derogatory comments on Sonia
Gandhi and Imarti Devi.

After a menacing tirade by Arnab Goswami against Sonia Gandhi, the trolls didn’t leave a
chance to insult and abuse on social media. From addressing her with her maiden name in
belittling manner to trending #bardancer hashtag on Twitter, the social media reeked of sheer
toxicity and misogyny owing to the slander campaign against her. In fact, on December 9,
when leaders from across the political spectrum wished her on her 74th birthday, Twitter was
blowing up with derogatory comments and jokes on her, with #BarDancerDay trending all
day.

Similarly, Kamal Nath, former CM of Madhya Pradesh passed sexist remarks on Imarti Devi,
the BJP leader from the state in a public gathering. “Wo kya hai… main uska naam kyun
lun… aapko mujhe satark karna chahiye tha… kya item hai… (Who is she… What’s her
name? You all should have warned me… what an item!),” Kamal Nath said.

This led to an outrage over his remarks, but Kamal Nath was hell-bent on not apologising for
his comments. He argued that he didn’t say anything disrespectful and his words were taken
out of context.

Rape threats to Ziva Dhoni

After the defeat of Chennai Super Kings in a match with Kolkata Knight Riders in the
thirteenth edition of IPL, the trolls bombarded Mahendra Singh Dhoni with abuses.
Shockingly, an user issued rape threats against his five-year-old daughter Ziva Dhoni on
social media.

Later, it was found that the user was a 16-year-old boy from Gujarat. He was arrested by the
Gujarat Police and then sent to Ranchi for further interrogation. The minor confessed to have
posted the threats due to the defeat of Dhoni’s team in IPL 2020.
The minor was kept in a child rehabilitation center during the interrogation. Similar incidents
have been reported in the past, where the women and girls related to the cricketers are
targeted and trolled for their weak performance in the matches. Anushka Sharma has had her
share of trolls when Virat Kohli failed to play well. Moreover, a minor threatening a five-
year-old with rape to let his frustration out speaks a lot about all-pervasive misogyny, where a
toddler is dragged into such issues which have nothing to do with her.

Dubai princess Sheikha Latifa is still held captive by her father

The princess of Dubai Sheikha Latifa has been held captive by her father, Mohammed Al
Maktoum, the ruler of Dubai and the Vice President of UAE. She attempted twice to escape
from Dubai in order to lead a freer life without harsh restrictions, which she couldn’t because
of her family.

In her second attempt of escape in 2008, she was caught and sent back to Dubai. She hasn’t
been seen and heard after her capture. Media and human rights organisations raised their
voices against this unlawful captivity by her father, and also alleged torture. All because she
wanted to exercise her right to freedom and choice.

#freelatifa is an active campaign devoted to free the princess from the imprisonment by her
father. Recently, UN released a statement condemning the unjust capture of Sheikha Latifa
and asked the ruler of Dubai to release her.

Hathras Rape Incident

Coming back to our very own country now. The rampant physical and sexual violence
against women puts every Indian to shame. The gaping wound of Hathras incident in Uttar
Pradesh in our minds is still fresh. It threw the harsh and inhuman realities of gender and
caste-based atrocities in the country in our faces.

A Dalit girl died after reporting that she was gang-raped and brutally assaulted by four upper
caste men. This heinous act was most likely a revenge by them, due to the feud with the
family of the girl. Her family also reported harassment on grounds of caste.
This incident caught worldwide attention for a number of reasons. From the police and some
media houses denying the fact that the rape happened to associations of savarna castes
supporting the accused, this case highlighted the plight of people from lower castes. Not to
forget how the police cremated the body without her family’s permission at night, reflecting
how they are denied the right to dignity even after death.

Moreover, it is statistically evident that Dalit women are more vulnerable to sexual violence
than savarna women. On average, 10 Dalit women were raped every day in India last year,
according to official figures, and Uttar Pradesh has the highest number of cases of violence
against women of any state.

Statements of Markandey Katju and Mukesh Khanna

Amidst the Hathras incident, former Supreme Court judge Markandey Katju received
thunderous backlash for his insensitive comments. Katju blamed the rising unemployment for
the increase in rape incidents and how sex is a ‘natural urge in men’. He was slammed for
perpetuating rape culture with his statement. Furthermore, he was thrashed for shifting the
blame from the rapists to economic problems and reducing women to objects for sexual
gratification.
— Markandey Katju (@mkatju) September 30, 2020

After a few months, renowned actor Mukesh Khanna received criticism for his comments on
working women. In an interview, he stated, “Men and women are different. Both of them are
different in terms of their creation. Women’s domain is to take care of household chores. The
issue of MeToo began when women started working outside the house. Today, women talk
about working shoulder to shoulder with their male counterparts.”

Loujain Al-Hathloul’s trial began in ‘terrorism court’

On December 10, Saudi women’s activist Loujain al-Hathloul was put on closed trial in
‘terrorism court’ after two years of imprisonment. She is one of the important faces of the
Saudi women’s rights activism in the country, especially right to drive. Moreover, she is an
ardent dissenter who opposes the male-guardianship system in Saudi Arabia. Loujain was
arrested along with various other campaigners on the charges of “undermining the kingdom’s
security, stability and national unity,” as reported by Saudi Press Agency.

United Nations Organisation and other human rights organisations have firmly called for the
release of all the activists arrested for demanding their rights. “We are extremely alarmed to
hear that Ms al-Hathloul has been in detention for more than two years on spurious charges,
is now being tried by a Specialized Terrorism Court. Just because she was exercising her
fundamental rights to freedom of expression, peaceful assembly and
association” said Elizabeth Broderick, chair of the UN working group on discrimination
against women and girls, in a statement. Furthermore, the organisations have alleged torture
of her in prison.

Iran Government sentencing an influencer to jail for 10 years

In Iran, Fatemeh Khisvand, who was popular as zombie Angelina Jolie, has been sentenced to
jail for 10 years. A report in Guardian report stated that the 19-year-old was accused of
corruption of youngsters and irreverence for the Islamic Republic. Other charges include
“blasphemy, inciting violence, gaining income through inappropriate means and encouraging
youths to corruption.”

Fatemeh stated, “The Islamic Republic has a history of tormenting women. We need to be
united against this gender apartheid.” Sahar was sentenced to 10 years in October 2019,
although she was in news in 2020.

Rise in Egypt’s moral policing of women

An Egyptian court sentenced five women to jail and a hefty fine for ‘violating public morals’
on Tiktok and other social media platforms. Egypt has cracked down in recent years on
female singers and dancers for online content deemed too racy or suggestive.

Haneen Hossam, a 20-year-old student from Cairo, was charged over encouraging

young women to meet men through a video app and explore friendships, receiving a fee
according to the number of followers watching these chats. Mawada al-Adham, a TikTok and
Instagram influencer with around 2 million followers, was accused of posting indecent photos
and videos on social media.

The three other women were charged with helping Hossam and Al-Adham manage their
social media accounts, according to the public prosecution.

Rise in Gender Inequality due to Covid -19

Even a pandemic is sexist in nature, why? This is because women are facing the brunt of
economic collapse more than men. The report COVID-19 and gender equality: Countering
the regressive effects by McKinsey Global Institute, estimates that women make up almost
two-fifths of the global labour force but have suffered more than half of total job losses from
the crisis. That’s left them 1.8 times more vulnerable to the pandemic’s impact than men.

The rise is mostly due to the increase in the burden of unpaid care for children, the elderly
and sick. This task has mostly been taken up by women. Moreover, existing gender
inequalities exacerbate this situation. Apart from this, more women are getting demoted and
salary cuts than their male counterparts.

In underprivileged households, many families are getting their daughters married off due to
increasing financial difficulties due to the pandemic. Many young girls have been forced to
drop out of schools for financial problems and digital divide. Also, many basic amenities like
menstrual hygiene products have become inaccessible to many girls.
 CONCLUSION

To conclude, it may be noticed that India has enacted many legislative and constitutional
provisions for women empowerment. Many developmental schemes and initiatives for
improving the status of women also have been implemented but still they are some sections
of women in our country who continuously have to face the problems for which they are
lagging behind the men. Mahatma Gandhi had said “If you educate a man you educate an
individual, but if you educate a woman you educate an entire family”. But our patriarchal
country does not provides enough opportunities for improving the status of women to have
education. The first and foremost opportunity which should be given to women is to have
higher education which is a mainstream problem. We can help by pulling down the obstacles
that keep girls from attending their school.

Girl who says- “I want to play baseball”, why do we say, “Try something else”? Boy who
says- “I want to become a kindergarten teacher”, why do we reply, “Childcare is for the
women”? Why don’t we change our mind? For overcoming gender inequality, our narrow
mind set needs to be changed. According to Swami Vivekananda, “That nation which doesn’t
respect women will never become great now and nor will ever in future”, in pursuit of
making India a great nation, our youths should be encouraged to be socially responsible and
help women for their deserved status. Everybody should think of changing the society. With
the application of all the phenomenon, we can make our society and the nation happier.
 BIBLIOGRAPHY
Referred books:
1) Gender inequality and discrimination in India: Discourse and Dilemmas by Sumit
Sarkar

2) Gender Discrimination: An Indian Perspective by Rajiv Azad

3) Gender Inequality in India by Mamta Mahrotra

Referred sites:
1) https://www.theglobalist.com/india-gender-equality-discrimination-
women-rape-sexual-violence-culture/
2) https://wcd.nic.in/womendevelopment/national-policy-women-
empowerment#:~:text=The%20principle%20of%20gender
%20equality,discrimination%20in%20favour%20of%20women .
3) https://ruralindiaonline.org/en/library/resource/poverty-and-social-
exclusion-in-india/
4) https://openknowledge.worldbank.org/handle/10986/26337?show=full
5) https://www.theguardian.com/global-development/poverty-
matters/2012/mar/09/gender-inequality-poverty-exclusion
6) https://reliefweb.int/sites/reliefweb.int/files/resources/10204541_poverty_t
oolbox_gender_equality_and_dimensions_of_poverty_2020_webb.pdf
7) https://www.savethechildren.in/others/gender-discrimination-in-the-
indian-society/