Role of Indian Legal System in Protecting the Gender Equality in India

Author: Komal Raj, Narsee Monjee Institute of Management Studies.

Abstract

In India, gender equality has long been a problem, with roots in discrimination and social conventions that existed before the nation gained its freedom. Women have traditionally been placed in inferior positions and frequently denied access to autonomy, work, and education. Notwithstanding these obstacles, the Indian Constitution upholds equality through clauses like Articles 14, 15, and 16, which are designed to eradicate discrimination based on gender. In interpreting these statutes, the judiciary has been crucial, advancing gender justice via seminal judgments such as Mohammed Ahmed Khan v. Shah Bano Begum and Vishaka v. State of Rajasthan. These rulings have established legal precedents to protect women's rights in addition to addressing structural injustices. Government programs like the Beti Bachao Beti Padhao plan and the Kishori Shakti Yojana have attempted to empower women via education, skill development, and social awareness in addition to judicial interventions. However, because of deeply ingrained social beliefs, gender inequality still exists in spite of these attempts. This essay examines how the Indian government and legal system fight gender inequality, examines constitutional and legal measures, and assesses how well they work to close the gender gap. In order to attain full gender equality in India, it ends by highlighting the necessity of cultural change in addition to legislative and policy initiatives.

Keywords

Gender equality, Indian Constitution, judiciary, legal provisions, government initiatives, women's rights, Vishaka guidelines, gender justice, equality law, societal mindset.

Introduction

Gender equality is a challenge that predates the 21st century and began long before we gained our freedom. We are well aware that gender equality has existed since the beginning, when men and women are discriminated against by everyone. People in our culture came to believe that women and men were different based on a variety of factors, including caste, religion, and place of employment, during the historic late 1990s. In the family, males are viewed as the breadwinners, while women are viewed as housewives who can take care of everything around the house. Because of the prevailing belief that males should perform the work, not women, women were not permitted to work at that time. In light of this, we may conclude that gender equality is not a contemporary issue; rather, it dates back to a period when India was still under British domination, and the truth is that our ancestors developed the prejudice between women and men. There was no legislation in place at the time to safeguard individual rights, therefore the judiciary was not held responsible for any violations of people's rights. Since the constitution was ratified, citizens have been granted the ability to assert their fundamental rights in court if they have experienced any form of injustice.

Following this, we cannot be certain that gender equality has been eradicated from our country in the twenty-first century. However, we have the freedom to live our lives as we like under the Indian Constitution. There are several clauses pertaining to gender equality in our Indian Constitution, yet we are not blind to the circumstances. Although both men and women have experienced inequality, women are underrepresented in numerous occupations. Women's capacity to make household decisions and take advantage of financial opportunities is restricted since they are not allowed to access assets kept in their names. The way that men and women view the rule of law and the administration of justice in their daily lives is influenced by the differences in their social, economic, and legal rights. This is something that legislation must take into account. According to the Indian Constitution, the court now has a greater responsibility in defending the fundamental rights of Indian citizens. Understanding and assessing the law is the judiciary's job. The values of equity and justice are also taken into consideration while implementing the law.

Using the case laws of Vishaka and ors. V. State of Rajasthan, the author will discuss the role of the court in promoting gender equality in this essay. The author will go over the constitutional protections that the people are entitled to in the situation of gender equality. The government's efforts to weaken gender equality will thereafter be covered by the author. The paper's conclusion will include the author's own recommendations along with citations.

Literature Review

In India, the literature on gender equality examines the legal and constitutional structures that support equal rights for men and women. The judicial interpretation of Articles 14, 15, and 16 to guarantee gender justice and the revolutionary effects of seminal rulings like Mohammed Ahmed Khan v. Shah Bano Begum and Vishaka v. State of Rajasthan are the main topics of earlier research. Other studies analyze the efficacy of government initiatives like Beti Bachao Beti Padhao in resolving the socioeconomic inequalities that women encounter. Despite legal and governmental initiatives, the enduring social attitude that sustains inequality continues to be a vacuum in the research.

Equality-related provisions included in the Indian Constitution

The Indian legal system has a big impact on equality in the country. It is impossible to deny that inequality does exist. In addition, the issue of gender disparity is addressed by a series of regulatory restrictions.

The Directive Principles, Basic Responsibilities, Preamble, and Fundamental Rights of the Indian Constitution all support gender equality. The Indian Constitution grants the Central government the authority to implement effective anti-inequity policies that benefit women in addition to guaranteeing their equal rights. The following are some important constitutional provisions that deal with the issue:

According to Article 14, every citizen shall have equal protection under the law and be guaranteed legal equality free from discrimination.

The State is forbidden from discriminating against anybody on the grounds of their sex, ethnicity, race, nationality, caste, or any combination of these, according to Article 15(1).

Article 15(3) makes it possible for the State to provide special arrangements for women and children.

Everybody has an equal opportunity to be employed by the government and appointed to any position in line with Article 16. It specifically forbids using sexism as an excuse for discrimination.

The State must treat men and women equally in order to protect their right to a decent standard of living, according to Article 39(a).

The State is required by Article 42 to establish maternity assistance and fair and suitable job conditions.

Every person has an obligation to stop acting in ways that are disrespectful to women's integrity, as stated in Article 51(A)(e) of the Constitution.

Role of Judiciary in Combating Gender Equality

The court has the power to significantly enhance society when it operates with impartiality and supports gender equality. Rules and standards have been developed by a functional legal system in several countries that lack legislation. The Supreme Court, for example, has established rules and guidelines for sexual harassment cases. The court states that sexual harassment is forbidden by the constitution because, at this time, there is no statute pertaining to sexual harassment. These rules and guidelines apply to all Indians until the legislature enacts legislation on the subject. In terms of gender equality, the women justices of the Supreme Court have contributed their expertise and advanced the government's plans, which is seen as favorable. During the judicial review process, the judiciary evaluates whether laws and government acts are constitutional. Additionally, the court makes sure that the fundamental rules and clauses stated in the Constitution are respected. Gender equality has been the subject of several rulings issued by the SC.

The historic case of Vishaka and Ors. v. The State of Rajasthan and Ors. included the gang rape of an activist called Bhanwari Devi by her employers. The woman's rights organization "Vishaka," the petitioner, decided to launch a Public Interest Litigation (PIL) citing the necessity for legislation as a result of the incitement among activists and non-governmental organizations. The Indian Supreme Court held that gender equality might be advanced through the basic liberties guaranteed by Articles 14, 19, and 21 of the Constitution. Additionally, the Supreme Court ruled that as India lacks legislation against sexual harassment, the International Conventions must be taken into account. The Court established comprehensive rules that employers and other accountable parties in the workplace must follow in order to preserve gender equality and women's safety at work. In line with Article 141 of the Constitution, these orders were to be considered as law. After that, the Vishakha norms were followed until no new law was written.

The Supreme Court of India ordered the parliament to draft a universal civil law on the duty of a Muslim husband to help his divorced wife who is unable to support herself after the iddat term in the case of Mohammed Ahmed Khan v. Shah Bano Begum. Furthermore, the court determined that everyone, regardless of faith, must abide by section 125 of the CrPC and that the husband is responsible for ensuring that his divorced wife is eligible for support.

Government Initiatives

According to research, the court has been instrumental in promoting gender equality, and the government has also started programs to enforce this principle. These initiatives focus on raising socioeconomic standards generally.

Kishori Sakti Yojna: This program's primary goal is to assist young women between the ages of 11 and 18 by teaching them social economic awareness, health and nutrition education, and life skills, among other things.

Beti Bachao and Beti Padhao: This initiative aims to raise awareness of the declining child-to-sex ratio and issues pertaining to women's empowerment and advancement in the educational sector.

Mahila E-Haats: It is a unique direct digital advertising platform for female entrepreneurs hoping to make their ideas a successful business.

The Abolition of Sati Act of 1861, the Muslim Women (Protection of Rights and Divorce) Act of 1986, the Dowry and Prohibition Act of 1961, and several more laws have been established by the government to safeguard women.

Suggestions

Although our nation has seen changes as a result of the actions taken by the government and judiciary, gender inequality has not entirely disappeared from some perspectives. This is because gender inequality between men and women has existed for a long time and is caused by the country's citizens' own thought processes, which also discriminate against one another. Crimes against women continue to occur in spite of the SC's directives; rape, acid assaults, and many other crimes are among the many that must be eradicated. Given that society is the root cause of prejudice, I believe it is critical that we modify the way we think in order to advance gender equality; otherwise, it will persist.

Discussion

The government and court play a dual role in advancing gender equality, according to the study. Through its decisions, the judiciary upholds constitutional ideals and ensures justice; the government supports this by enacting specific laws that empower women. However, societal norms and structural inequality continue to be major obstacles. In addition to legal and judicial initiatives, a thorough cultural shift is required to address the persistence of crimes against women, including rape and acid assaults. The results show that a multifaceted strategy including policy implementation, legal enforcement, and societal change is needed to achieve gender equality in India.

Conclusion

Our constitution states unequivocally that everyone should be treated equally, which is what we as normal humans require. With the aid of the historic case law, we have examined in this paper the significant ruling made by the Indian legal system, wherein the Supreme Court not only established rules and guidelines to prevent sexual harassment, but also mandated that everyone abide by them. However, in response to the inequalities that women face, the government has also offered specific programs for their empowerment.