WOMEN‘S RIGHTS IN U.S AND INDIA

Abstract

Gender inequality has a long and pervasive history in both the United states and India .Not surprisingly ,the constitution of both countries guarantee equality before the law : India’s Constitution explicitly mandates equality for women, whereas the U.S. Constitution guarantee equal protection of law without any explicit designation of the intended beneficiaries .American scholars , and particular feminists ,are increasingly studying India to assess whether and how the world’s largest democracy ,a democracy grounded in patriarchy, is making good on its promise of equality to women .we have much to learn by looking at India’s experience despite the vast cultural difference between the two countries .Most notable is India’s commitment to affirmative action and politics, education, and public employment .

This Article will explore how the respective equality guarantee have been interpreted and applied to issues of gender justice by the Supreme Court of India and by the U.S. Supreme Court .After a brief review of the historic and current gender inequalities in the two countries ,the best hope for facilitating women’s full and equal participation in society India and United States share a long history of pervasive discrimination against women .In both countries ,women were denied the right to vote : in the United States until 1950 when the Constitution was enacted. ( U.S CONST. amend. XIX; INDIA CONST .art.325 ) Politically, women remain grossly underrepresented in both countries. Women comprise only 14% of the U.S. Congress ( U.N .Dev. Programme ,Human Development Report : Deepening Democracy in a Fragmented World 16 ( 2002)  .And 22.5 %of the state legislatures.( National Conference of state Legislature ) In India ,women comprise 9 % of the India Parliament (U.N. Dev .Programme ,Human Development Report Millenium  Development Goals: A Compact among Nations to End Human Poverty (2003) and are even more underrepresented in the state legislature .( WOMEN&POLITICAL EMPOWERMENT 12(1998)( reprinted by the Centre for the study of Developing societies ) India’s Constitution was amended in 1993 to to mandate reservation of seats for women on panchayats .A constitution amendment to reserve one-third of all seats in parliament and the legislature for women has been debated since 1996. Amendment Mandating Reservations for Women on Rural Panchayats ,19 BERKELEY WOMEN’S .L.J 32, 54-55 (2004) .In the United States, a women has never served as president or vice president ;( In a poll conducted for the White House Project ,79%of those surveyed said that they were willing to vote for a women for president .poll finds nearly eighty percent of Americans Are Ready for a Women president ,sep 12,2005 .)In India , Indira Gandhi served as Prime Minister for fifteen years from 1966 to 1977 and from 1984 to 1989 .