GENDER INEQUALITY IN PRESENT ERA: COMPARISON BETWEEN INDIA AND U.S.A

Abstract

Gender inequality can be broadly defined as the discrimination between Men and Women in providing equality opportunities, pay, and societal recognition on the basis of only the difference in the gender. Both India and the United States of America have a toxic history of gender inequality. Some of the societal practices are so deeply enrooted amongst the common mass of both the nations that even after so many years of independence and civilizational evolution, these practices continue to plague the countries at large.  

It is not surprising that the Constitutions of both the countries that is India and United States of America guarantees sanctions against gender discrimination. In India there are special enactments and the Indian Constitution specifically guarantees protection against gender discrimination.  

It has to be understood that the pivotal reasons for the discrimination against woman has been the archaic mindset of the Indian society at large. Ancient Indian practices like restricting woman from accessing education and confining the role of woman to the four walls of a house is still being followed in many parts of modern India.  

However, with increasing awareness and change in the long-standing perceptions in this regard, we see that Indian woman in many cases have pioneered the cause of education, politics, entrepreneurship, scientific research and have emerged to be effective leaders of the country.  

Laws can be referred to as a set of rules, norms, guidelines, customs accepted by the population at large to regulate the affair of the society. The imposition of penal consequences, sanctions make the laws binding on the citizens of the nation. However, the society is dynamic and people of diverse mindset reside within a society, it is for this reason the laws are not enough. Inclusive initiatives taken by the governments, both at State and Central levels become a very important tool to realise the laws formulated for abolishing and regulating certain activities that barbaric, unjust and have no relevance in the 21st century.  

It is a known fact that laws are formulated by the government considering the needs of the society and its people. However, it is the legal fraternity that interprets, validates and creates an appropriate roadmap for the implementation of the laws.  

In this article I shall manifest the various problems faced by woman in India and the United States of America. I shall also endeavour to show various Constitutional provisions dedicated to protect the citizens of these two nations from gender discrimination and its perils. This article shall highlight certain initiatives taken by the governments of India and the United States of America by including the population at large to fight the evil practices embodying gender discrimination. I would also cite various judicial precedents of these two nations pronounced over the years pertaining to gender discrimination. Thus, the article shall provide a holistic comparative analysis of the laws and policies of India and USA with regard to gender discrimination and throw a light upon the prevailing circumstances of these Nations.