This article is written by Yachika Sharma, 4th year BA LLB student of Institute of Law and Research during her internship with LeDroit India.
INTRODUCTION
The Indian legal system is extremely essential in terms of interpreting and applying the laws of the country. The role of law and rights in people’s lives is becoming more important as the legal field moves into more public and private areas. Social or legal rules and institutions are used to make sure that everyone has equal access to their rights. All people should be treated equally regardless of their gender identification, which is what gender justice means. Because of the patriarchal structure of Indian society, women are often seen as second-class citizens. For example, a lack of access to assets in a woman’s name might limit her access to credit, economic productivity, and bargaining power in the family home. Men and women should not be treated differently. A woman’s birthright to some basic liberties and social protections should be understood. Women should be treated with respect and decency, and they should be afforded the same legal protections as men.
The Indian state’s involvement in fostering gender equality is as follows:
The principle of gender justice is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties as well as Directive principles of State Policy (DPSP). In order to confirm equality for women, the constitution directed the state to take measures like positive discrimination. The laws, developmental policies, plans, and programs of the Five Year Plans, especially Fifth Five year plan onwards, commissions, civil society groups and self-help groups all contribute towards the achievement of gender justice. The policies, acts, and initiatives taken by the Indian Legislature are analyzed as follows:
Constitutions safeguards for gender justice:
• Article 14 of India’s constitution stipulates all citizens should be able to sue and be protected by the law. To ensure that everyone has an equal chance of winning, the government can adopt positive discrimination.
• Article 15(1) of the Constitution prohibits discrimination based on gender. Article 15 allows the state to establish special provisions for women and children 15(3).
• Article 16 provides everyone equal access to public employment and appointment. It forbids discrimination purely based on sexual orientation.
According to Article 39 of the DPSP, both men and women have the right to an equal means of subsistence, as well as the right to be paid equally for equal effort.
Article 42 also includes provisions for maternity leave and reasonable and humane working conditions.
Every citizen is obligated under Article 51(A) (e) of the Constitution to disavow any actions that diminish the dignity of women.
Government Schemes for ensuring Gender Justice:
- Women are the primary target of these programs. These plans are aimed at improving people’s lives on a broad social and economic scale.
- Pradhan Mantri Matru Vandana Yojana: to improve the enabling environment for pregnant and lactating women by providing financial incentives for better health and nutrition.
- The National Nutrition Mission works to improve nutrition for pregnant women, nursing mothers, children, and adolescents.
- Providing “Women Helpline-1091” services; Mahila Police Volunteers; etc. are all welcome efforts towards securing the protection of women’s rights and so ensuring ender justice.
- Beti Bachao Beti Padhao aims to improve the dropping child sex ratio and other issues related to women’s empowerment, notably in education.
Other Initiatives by the Government:
Some of the government’s other initiatives include:
- Implementing the UNMDGs and SDGs.
- Commissions resemble the National Commission for Women.
- Equality in the workplace, reclassification of states based on gender, etc.
SUGGESTION
- India has always struggled with gender inequality. Despite numerous social, economic, political, legal, and constitutional efforts before and after independence, women in India continue to experience atrocities such as rape, dowry killings, acid attacks, and human trafficking.
- The need of the hour is to bring about a shift in the collective consciousness of society.
- The statute must be amended to remove any discriminatory and sexist components. These include legal analyses, law revisions, temporary exceptional measures, outreach activities and funding for women in judicial institutions.
- In-laws should be explicit and unambiguous, as ambiguous regulations allow discriminatory attitudes to flourish.
- Individually and collectively, women must be empowered. Women can participate in social activities and solve gender inequity by becoming judges, creating up venues for women to speak up and negotiate, and developing women groups.
CONCLUSION
In both the organized and unorganized sectors, there is severe gender-based income discrepancy. Women are paid less than men in agriculture, construction, etc. Gender discrimination is a social scourge that must be eradicated. A nation’s judiciary must interpret the laws to protect the ideal of equality. The Constitution must be amended to empower women in our society and allow them to make choices and access all opportunities. Federal and state governments must implement initiatives that promote women’s social, economic, and educational empowerment. Changes in society’s thinking must be initiated.
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