GENDER JUSTICE: A CRITICAL APPRAISAL

Abstract

“A woman feels keenly, thinks as clearly as man. She in her sphere does work as useful as man does in his. She has as much right to her freedom to develop her personality to the full as a man. When she marries, she does not become the husband’s servant but his equal partner. If his work is more important in life of the community, hers is more important in the life of the family. Neither can do without the other. Neither is above or under the other. They are equals.”

 -Lord Denning

The practise of equality was supposed to be applicable on all humans.  But in practise, the world is not even close to it. In the present era of scientific advancement and modern civilisation, denial of rights to one half of the human populace is a sad reality. Violation of right to equality takes place in the form of denial of equal opportunities in education as well as employment, negligible representation in politics, resorting to force to intimidate women, deprivation of reproductive rights. Gender based discrimination is representative of the ugly face of society which has always viewed women as subordinate to men. In calculation, members of the fairer sex constitute 50 per cent of the global population putting in 2/3rd of world’s working hours but earning merely 1/3rd of the total world income. These statistic figures show the subservient position of women and are a sheer mockery of all canons of social justice and equity. That is why movements like #metoo are considered big boons for feminism. This movement gained momentum by encouraging women to take on influential people who harassed them sexually at some point.

India has a continuing tradition of subjugation of women. The truth, however, is that the hiatus betwixt men and women cannot be minimised by formulating laws without any public support. It must be favoured by the will of the people from whom it is enacted. An archaic practise like that cannot be eliminated overnight. When the laws enacted are not backed by the will of the people, it faces opposition and defiance from the society that works on orthodox principles. They are nothing more than dead laws which fail to bring about the required changes. The last two centuries have witnessed a considerable expansion of economic and political rights in India. Gradually women are overcoming this man-made system that has been unjust to them. Now we see women multitask, balance all household chores, family and their career in a professional and organised manner. Our Constitution, in unequivocal terms, declared that men and women shall be protected equally. Such holistic principles, however, remained only on paper. 

India has been in the limelight for its innovation and dynamism on all fronts, even as a third world country. Still it remains in shackles of age-old norms and conventions. The Indian Supreme Court actively engaged in the enforcement of human rights, which are reflected in its decisions. After the easing of locus standi doctrine and with the expansion of Public Interest Litigation (PIL) culture, the scenario changed. Judiciary has managed to address several human rights issues, including sexual exploitation suffered by women. The plethora of judgements manifest the humanitarian and forward-thinking approach of the SC, which has never ceased to work towards giving effect to the intention of our Constitution makers.  The male chauvinist mind set is slowly diminishing as a result of the rights granted to women under the Constitution and the dynamic judicial approach towards it. Today, women are developing as pioneers in developing scope of fields.