CRITICAL ANALYSIS OF GENDER EQUALITY-REALITY OR

BELIEF

SUBMITTED TO:
DR MEENU GUPTA

SUBMITTED BY:
VANSHIKA BHATIA
LLM (IPR)
A03104424002
 INDEX

S.NO CONTENT PAGE NO.

1. Introduction 1-3

2. Literature Review 3

3. Methodology 3-4
4. Types of gender inequality 4-6
5. Key linkages between 6-7
gender equality and pro-
poor growth

6. Constitutional safeguards 7-9

For Gender Equality

7. Reservation and quota to 9-10

strengthen gender equality-
Legal perspective

8. Crime against women 10-12

9. Landmark Judgements 12-13
10. Recent judgements related 13-15
to gender equality(2022-23)

11. Gender Equality and 15-16

Judicial System

12. Government policies for 16-17

gender equality

13. Way forward and 17-18

suggestions

14. Conclusion 18
 CRITICAL ANALYSIS OF GENDER EQUALITY-REALITY
OR BELIEF

Abstract
Though our constitution provides for gender equality the reality is that every state in India faces
gender inequality, and this disparity, along with social class, has an effect on economic
growth by raising the standard of living for Indians. In India, gender inequality is present in
almost every sphere of life, including those related to culture, social issues, economics,
employment prospects, income, and health. In this article, we seek to identify elements
that are in charge of ensuring gender equality in India. Lack of gender equality not just
impacts women’s access to opportunities and resources, but also the future generation. What
are the effects of gender disparity on the economic, social, cultural, and legal environments,
as well as the main obstacle facing policymakers in India who want to promote true gender
equality? Apart from discussing the various issues, this dissertation will be having few policy
suggestions and practical strategies to combat gender inequality and improve the position of
women in society.
Keywords- India, Gender Equality, Gender Inequality, Economic, Social, and cultural
issues
Introduction
Gender Equality refers to equal treatment based on the gender of an individual, while Gender
inequality refers to the unequal treatment or perception of individuals based on their gender,
and it is a persistent and pervasive problem in many societies around the world. Many
different types of gender inequality exist, and they can have a significant impact on
individuals, families, and communities. Discrimination starts from the birth of woman and
continues till her death. Female foeticide and infanticide are horrifying crimes that show how
cruel the world can be to women. Sex determination methods are used to abort a female
unborn child. The problem of gender inequality is widespread and has an impact on both
people and society as a whole. Notwithstanding recent advancements, institutional barriers
still exist for women in a number of areas of life, including as politics, the workplace,
education, and social conventions. Discrimination and bias, which can manifest itself in a
variety of ways, such as unequal pay, sexual harassment, and restricted access to healthcare
and education, are additional significant contributors to gender disparity. In addition, laws
and policies that discriminate against women and do not uphold their rights frequently serve
to reinforce gender inequality. The effects of gender disparity on people, communities, and
society as a whole are extensive. Women who endure discrimination based on their gender
are more likely to experience violence, poverty, and poor health outcomes. Also, they are less
likely to have access to school and job prospects, which restricts their ability to move up the
social and economic ladder. Due to the fact that it prohibits women from fully participating in
political, social, and economic development, gender inequality can also limit the potential of
entire communities and nations.
The gender imbalance among policymakers was one of the issues in India following
Independence. In India, gender inequality is pervasive in politics as well as in government
and non-governmental organizations. The policy makers believe that if gender equality is
achieved in India, it will spark new life and reveal new vistas. Throughout the last few
decades, there have been numerous discussions about women and their development. As a
result, numerous national and international organizations work to progress women, ensure
their full participation in the development process, and combat all types of discrimination
against them. Feminism's influence and intellectual legitimacy have been rising gradually. In
a survey released by the UN in 1980, it was discovered that women do make up half of the
world's population. They do put in nearly two-thirds of the world's labour hours and earn a
tenth of its total income. Less than all of the world's property is owned by them. 1
The Supreme Court of India remarked in 1Madhu Krishna v. State of Bihar that almost half
of India's population is female. They have gone through a great deal of pain, and society has
historically discriminated against them. They have made tremendous sacrifices, yet they
continue to receive poor treatment. The authors of the Indian Constitution made specific
safeguards to protect women from suffering. Gender inequality is a significant issue in
India. Notwithstanding the country's improvements in a number of areas, including the
economy and technology, prejudice and violence against women persist in many forms.
Some of India's biggest issues with gender inequality include the ones listed below:
1. Gender-based violence: Women are routinely assaulted in India through rape, domestic
violence, sexual harassment, and other means. 2. Unequal access to education: Girls
frequently lack educational opportunities, especially in rural areas, and they are more likely
to drop out of school early.
3. Poor female workforce participation: Women in India are less likely to be employed than
men. The gender pay gap is significant, and women frequently make less money than men for
doing the same jobs.
4. Laws that discriminate- Personal laws, for instance, still discriminate against
women despite certain legal measures to protect their rights.
5. Social norms that are patriarchal: The prospects and mobility of women are still limited by
gender stereotypes and patriarchal societal standards. The Indian government has taken a
number of steps to lessen gender disparity, including passing laws and regulations to
safeguard women.
2
A patriarchal society is inherently biased against women. The majority of societies in the
world today are patriarchal. It is a form that disparages women in several different ways. A
girl child has long been viewed as an unwelcome weight and an imposition that parents
would prefer to do without. Women are subject to discrimination even before they are born.
Gender discrimination is the practice of denying someone based on their gender equality,
opportunity, or both. India's male-dominated culture makes women accustomed to this
discrimination. Because of this, most women are unable to comprehend their own
independence and rights. The data demonstrate that sex-selective abortion is still on the rise
despite the Prenatal Diagnostic Techniques (Regulation and Prevention of Abuse) Act, a rule
that was put in place in 1994. From the moment a girl child is born, she is treated differently
than boys of the same household since she is perceived as a burden on her parents or family.
In certain circumstances, she receives improperly nutrient-poor diet. When she becomes
older, she either has her right to an education denied to her or, in some situations, her
education is only up to the primary level. Not just this, she is married at an early age, in many
cases forcefully and against her will, and the vicious cycle of discrimination starts here.

1
1996 AIR 1864, 1996 SCC (5) 125
2
https://www.bbau.ac.in/Docs/FoundationCourse/TM/MPDC/gender%201.pdf
Every woman at least once in her lifetime faces some incidents of harassment, eve teasing,
rape, domestic violence etc.
Out of 142 countries and 2062 districts in the world, India comes in at position 141.
Throughout history, a girl child has been viewed as inferior. When it comes to the health and
survival of women in comparison to males, India is ranked 141st out of 142 countries and
2062 districts throughout the world that are considered gender critical. The nation as a whole
comes in at 127th on the global gender gap index and 114th on the global gender inequality
index (Global gender gap report, 2015). This phenomenon is known as women's
disempowerment by gender economists. According to the report, the most concerning factors
contributing to gender imbalance include diminishing sex ratios. The decrease has been
startling—in 1987–1988, the sex ratio was 32.2%, but by 2014, it had dropped to 24%. 3India
was recently placed 135th out of 146 nations in the World Economic Forum's Global Gender
Gap (GGG) Index for 2022. India's overall rating increased from 0.625 (in 2021) to 0.629,
which is the seventh-highest rating it has received in the previous 16 years. India placed
140th out of 156 nations in 2021.
Literature Review
There is an extensive body of literature available on the status of gender equality and whether
the safeguards provided in the constitution are applicable when it comes to ground reality.
Some discuss the challenges faces by our country in achieving the goal of gender equality
and some discussion about the improvement that we have done over the period. Different
kinds of literature have a different viewpoints on it but one thing that is common in all is that
the safeguards provided by the constitution are not enough. The policies that are made by the
government is a way forward and have helped us achieve the goal of gender equality but still,
there is a long way to go. In one of the articles by UNICEF through the research conducted,
they have examined the discrimination in-depth, and they have talked about the struggles
faced by women on a day-to-day basis for basic things. In some parts of the world female
foeticide is still practiced, as some people still have an inclination towards having a male
child and even if she gets the chance to be born in this world, the actual struggle starts.
Struggles can be for basic things like nutrition, elementary education, proper sanitization, and
getting married at an early age without her consent. In a few kinds of literature, they have
examined the strong correlation between the economic and social growth of the country and
gender equality. In countries where adequate the gap between the two is more, less
development is seen in that country while on the other hand where this gap is less, the more
developed that country is. Gender equality is a goal that is yet to be fully achieved, and it is
an ongoing process, and much research is still going on to eradicate the problem of gender
inequality. The lacunas that I found after reading much literature on the point is that concise
combination of law on point and policies made, like a combination of the legislative and
administrative sides. The implementation of the policies on the ground level.
Methodology
My research is primarily based on the secondary sources like reading different articles,
research papers, and news articles, analyzing the various policies of government to combat
the problem of gender equality, Checking for all the constitutional provisions, and other acts
that play if not much, but some role in setting the balance between the binary. I try to collect
the relevant information from all the published materials available on the point and tries to
correlate it with the recent stories of victims of crimes and through that only I get to know
3
https://www.drishtiias.com/images/uploads/1657789960_India_Report_Card_Drishti_IAS_English.png
that ground reality and the safeguards available on the point do not match and accordingly I
have put my suggestions on the point.
Apart from this, I have tried to backed up my research with some statistical data related to
gender gap for instance global gender gap index, World Economic Forum's Global Gender
Gap (GGG) Index etc. to actually know the progress that has happened over the period of
time. Likewise, the data available for the crimes happening against women is an eye opener
to evaluate policies and legislations and how significantly they fail to provide protection to
women and also act as an evidence that gender equality is more of a belief and less of a
reality.
Types of gender inequality
In terms of social, political, intellectual, cultural, or economic achievements or attitudes,
there is a gender gap between men and women. Gender inequality is a chronic and prevalent
issue in many countries throughout the world. It is defined as the unequal treatment or
perception of people based on their gender. Gender inequality comes in a variety of forms,
and each one can have a big impact on people, families, and communities. We shall examine
some of the most prevalent forms of gender inequality in this essay.
1. Economic disparity: One of the most widespread types of gender inequality is economic
inequality, which refers to the differences in wealth and income between men and women.
Women are frequently paid less than males for performing the same work in various nations,
and they are also more likely to work in low-wage, underappreciated occupations. Moreover,
women are more likely to labour in the unregulated, less protected, and frequently
unregulated informal economy. A further barrier to advancement and higher pay for women
in the workplace is the frequent exclusion of women from leadership and decision-making
roles. Women have a lower participation rate than men in the formal, waged labour force
across the globe. In the world's paid workforce as a whole, women make up 40%, according
to the International Labor Organization (2009)3. Rates are often lower (nearer to 35%) in
less developed countries and higher (nearer to 50%) in more industrialised countries (closer
to 45 percent in the OECD). For our purposes, there won't be much of a difference between
expecting some variation and assuming a constant rate of 40 percent involvement.
2. Educational inequality: Differences in educational performance and access between men
and women are referred to as educational inequality. Girls are less likely than boys to attend
school and are more likely to leave school early in many nations. Additionally, girls
frequently outperform boys intellectually in various topics. Social and cultural issues that
restrict females' prospects and deter them from seeking education are frequently to blame for
this.
3. Political inequality: Differences between men and women in political involvement and
representation are referred to as political inequality. Women are underrepresented in political
leadership and decision-making roles in many nations. Women are also less likely to vote,
participate in political engagement, and run for office. This is frequently brought on by a
lack of resources and assistance, as well as societal and cultural hurdles that deter women
from entering politics.
4. Legal inequality: Differences between men and women's legal rights and protections are
referred to as legal inequality. Women sometimes do not enjoy the same legal protections as
men in many nations, especially when it comes to matters like inheritance, marriage, and
divorce. Domestic abuse and sexual assault are more likely to affect women and they might
not have access to enough protections or legal remedies.
5. Social inequality: Differences in social roles, expectations, and views between men and
women are referred to as social inequality. Women are frequently denied chances and have
fewer options in many nations because they are expected to conform to established gender
stereotypes. Limitations on their movement, access to healthcare, and involvement in social
and cultural activities are a few examples of this. Women may also experience stigma and
prejudice due to their gender, which can negatively affect their mental health and general
wellbeing.
6. Health inequality: Health inequality is the difference between men and women's access to
healthcare and health outcomes. Women frequently experience particular health difficulties,
such as problems with their reproductive systems and complications from pregnancy. Due to
financial or geographical constraints, women may also have less access to healthcare, which
can negatively affect their general health and wellbeing.
7. Technological inequality: This term describes the differences between men and women in
terms of access to and use of technology. Women frequently lack access to technology and
are less likely to receive training in tech-related skills. This may restrict their access to
knowledge and participation in the digital economy, which may have long-term effects on the
economy and society.
8. Direct and Indirect Discrimination -Based on the equality doctrine of Articles 14 and 15,
the court's case law is filled with cases relevant to combating both direct and indirect
discrimination. Long ago, in 4C.B. Muthamma v. Union of India, the supreme court
acknowledged the unfairness and discrimination evident in a service rule that required a
woman official of the Indian Foreign Service to obtain permission before getting married and
gave the government the authority to terminate her services if it was "satisfied that her family
and domestic commitments are likely to come in the way of the due and efficient discharge
of her duties as a member of the service.This court emphasised the discriminatory aspect
inside the most recent case, Secretary, Ministry of 5Defense v. Babita Puniya & Ors9, the
court made note of the Army's discriminatory practise of restricting the status of women
officers and providing them with different or no retirement and other benefits. It was also
deemed undesirable for the Central Government's 2019 policy to only give permanent
commission to women officers who had served less than 14 years, noting the physical
constraints of older women officers. This policy violated their fundamental rights. In another
case, 6Anuj Garg v. Hotel Association of India, the court found that the State Act and
regulations prohibiting women from working in any area of a place where alcohol or
intoxicating substances were consumed violated Article 15 because it led to employment
restrictions based on an individual's sex. Despite the fact that it involved blatant
discrimination, an impact-based strategy was also used and extensively explored. A
seemingly neutral policy or regulation that disproportionately affected female performers
was recently examined by the court in another case, 7Hotel Priya, which also deals with the
regulation of dance bars. This case required the court to use an intersectional lens that
considered class and gender. Although there were equal numbers of male and female
performers in dance bars, the rule arbitrarily and excessively restricted the employment of
women as they make up the majority of the

4
CB Muthamma v. Union of India, 1979 AIR 1868
5
(2020) 7 SCC 469
6
(2008) 3 SCC 1
7
Hotel Priya, A Proprietorship v. The State of Maharashtra & Ors., SLP (C) NO. 13764 OF 2012, dd. 18.02.2022
< https://main.sci.gov.in/supremecourt/2011/24758/24758_2011_46_1502_33528_Judgement_18-Feb-
2022.pdf>
workforce in these places. A contrasting example is the 8Sabrimala temple entry case; the
Supreme Court has added an interpretation of Article 17 to this framework while examining
"access" (and more specifically, Article 15(2)), making it more enforceable. It was
determined that excluding menstruation women from religious settings and rituals under the
pretext that they are deemed impure at that time constitutes discrimination in the same way
that labelling subjugated castes as "untouchables" does.
9
Key linkages between gender equality and pro-poor growth
Both directly and indirectly, increasing gender equality in the workplace, markets, and
society at large promotes growth.Women's increasing labour force involvement immediately
increases money for spending and investing, and children's health and education indirectly
improves.
 Economic inefficiencies caused by rigid gender roles and labour restrict growth
and efforts to reduce poverty. When there is a strict division of labour based on
gender, household resources, including labour resources, are allocated according to
social norms rather than economic incentives, which determine what is proper for
men and women to accomplish. Instead of being driven by economic considerations,
gender conventions force women to labour in low-productivity jobs or spend a greater
proportion of their time performing housework than males.
 The amount of human capital in a society increases with gender equality in
education, increasing the likelihood that a better distribution of human
resources. By limiting the talent pool from which to draw for schooling, gender
inequality in education lowers the average amount of human capital in a society and
worsens economic performance. It leaves out girls with advanced degrees and
includes boys with lower levels of education. An increase of 1% in the percentage of
adult women with a secondary education suggests an increase in per capita income
growth of up to 0.3 percentage points, according to a study conducted over three
decades in more than 100 nations. Indirectly, gender equality boosts growth by
improving people's access to health and education. Growth, especially pro-poor
growth, is aided by reducing gender disparities in the workforce. Similar to how sex-
segregated labour markets are a result of gender inequality in schooling, the
misallocation of the labour force results in welfare losses (lower total production)
since qualified female employees are left out of some of the more productive jobs.
Due to lower incomes, women who are less likely to work produce less overall,
which lowers GDP and lowers the value of their output. Hence, to put it simply,
gender equality contributes to a more inclusive rate of development. The Indian states
that have higher rates of female labor force participation are also growing more
quickly.
 Eliminating gender disparities in the workforce promotes growth, especially
growth that benefits the poor. Similar to how sex-segregated labour markets are a
result of gender inequality in education, the misallocation of the labour force prevents
qualified female workers from participating in some of the most productive jobs,
which reduces total output. Women who are less likely to work produce less, which
lowers GDP and lowers the value of their output because they earn less money.
Hence, to put it simply, gender equality promotes more inclusive poverty growth.
The Indian states with the fastest growth rates are those with greater female labour
force

8
Indian Young Lawyers' Association v. State of Kerala, (2019) 11 SCC 1.
9
https://www.oecd.org/dac/gender-development/47566333.pdf
 participation rates. More gender equality on the job market "increases the size of the
pie" through growth.
 In the workplace, gender discrimination can cause large efficiency losses, which
hurts the economy and is primarily felt by women. According to research, if
impediments to women entering the workforce were removed, women's salaries could
rise greatly at a relatively small loss in male wages as a result of significant output
increases. So, reducing segregation is not just a matter of redistribution; in reality, as
more women enter the labour field, the overall economy grows, increasing the "size
of the pie." Data from research looking at gender discrepancies in employment and
education combined, further reinforces the case for investing in gender equality. In
Sub-Saharan Africa, unequal opportunities for women in work and education between
1960 and 1992, annual per capita growth was slowed by 0.8 percentage points
annually. By eradicating gender inequality, according to these overall findings,
Uganda might experience annual GDP growth of up to 2 percentage points (World
Bank 2005b, cited in Ellis et al., 2006)
 Access to financial incentives, useful resources, and time differs according to
gender, which lowers productivity and output. Women do not often enjoy the
advantages of production, even though they have done most of the work. Insufficient
production and failure to optimise income were the results of home production
decisions, according to a study. Giving women farmers in Kenya access to the same
level of agricultural inputs and education as males might raise their yields by more
than 20%. (Saito 1994). In Tanzania, lowering the time demands of women might
boost labour productivity by 15%, capital productivity by 44%, and household cash
incomes for smallholder coffee and banana growers by 10%. (Blackden and Bhanu
1999).
 Getting rid of gender disparities is a good way to encourage development- In
brief, gender equality in ownership over resources such as land, credit, technology
and labour can contribute to more efficient markets, improving productivity and
growth rates.Women have obstacles while starting and running enterprises, which
restricts expansion. Women-owned enterprises frequently find themselves unable to
take advantage of new economic prospects due to laws restricting their ability to own
property and run their own company. The free and equal operation of asset and
product markets for women is constrained by informal costs and barriers, such as the
fact that women are subjected to official harassment to a much greater extent than
men, the imposition of "nuisance taxes," and social norms governing women's
behaviour and bargaining power.
Constitutional safeguards For Gender Equality
The Constitution of India contains several provisions and safeguards aimed at promoting
gender equality and protecting women's rights. Some of the constitutional safeguards relating
to gender equality in India are:
1. Right to Equality: Every Indian citizen is guaranteed the right to equality under
Articles 14 -18 of the constitution. The general principles of equality before the law
are embodied in Article 14, which also forbids unjustifiable discrimination between
individuals. The concept of equality contained in the preamble and ensuing articles is
embodied in article 14. The precise application of the broad criteria outlined in
Article 14 is outlined in Articles 15, 16, 17, and 18. The ban on discrimination on the
basis of religion, race, sex, or place of birth is covered by Article 15.According to
Article 14, "the state shall not refuse to any individual within the territory of India,
equality
 before the law or the equal protection of the laws. Nearly all written constitutions that
protect fundamental rights include the term "Equality before the law," although both
of these expressions are also used in the Universal Declaration of Human Rights. The
phrase "Equality before the law" is from the English language, and the second phrase
is from the US Constitution.
Priority under the legislation -The idea of equality implies the absence of any special
privileges due to birth, creed, or the like in furtherance of any individual, as well as
the equal subject of all individuals and classes to the ordinary law of the land.
Absolute equality among human beings, however, is not a concept that can be
physically archived. According to 10Dr. Jennings " Equality before the law means that
among equals the law should be equal and should be equally administered, that like
should be treated alike. The right to sue and be sued to prosecute and be prosecuted
for the same kind of action should be same for all citizens of full age and
understanding without distinctions of race, religion, wealth, Social status or political
influence.” Dicey wrote " every official from the prime minister down to constable or
a collector of taxes in under the same responsibility for every act done without legal
justification as any other citizen
2. Prohibition of discrimination: Article 15 prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth.The general norm of non-discrimination,
which is prohibited in India by Art. 15(1) and (2), establishes the content of the
negative right and forbids discrimination on the grounds of race, religion, caste, sex,
or birth. On the other hand, Articles 15(3) and (4) allow for specific measures, such
as affirmative action or reservations, allowing the State to use them for the betterment
of woman. To put it simply, Article- 15 and 16 prohibits discriminatory system, but
not special treatment of women
3. Reservation for women: Article 15(3) empowers the government to make special
provisions for women and children and important judgements for the same has
been discussed further in the paper.
4. Right against exploitation: Article 23 prohibits trafficking, forced labor, and other
forms of exploitation. UNICEF is taking many initiatives to combat this situation and
we have seen a significant drop in this area in the past decade.
5. Political representation: Article 243D provides for the reservation of seats for
women in local bodies, while Article 243T provides for the reservation of one-third
of the seats for women in Panchayats and Municipalities.
6. Maternity benefits: Article 42 directs the State to make provisions for just
and humane conditions of work and maternity relief.
7. Equal pay for equal work: Article 39(d) directs the State to ensure that men
and women receive equal pay for equal work.
8. Protection from abuse and exploitation: Article 51A(e) imposes a duty on every
citizen to renounce practices derogatory to the dignity of women.
In addition to the constitutional safeguards, India has also enacted various laws and policies
aimed at promoting gender equality and protecting women's rights. However, despite these

10
https://articles.manupatra.com/article-details/Article-14-Equality-Before-Law-and-Equality-protection-of-
the-law
safeguards, women in India continue to face significant challenges related to gender
inequality.
Reservation and quota to strengthen gender equality-Legal perspective
There is a harmful fallacy that special measures are discriminatory in nature, and there is an
increasing need to raise awareness of this idea. In reality, this court in 11Champakam
Dorairajan1 had invalidated a notification that allocated a particular proportion based on caste
for admission to professional degrees. The First Amendment rendered this meaningless.
Jawaharlal Nehru stated on the floor of the legislature that 12"in striving to achieve equality
we come up against certain ideals of equality laid down in the constitution. This is a pretty
strange situation. But if you think about putting those who are down further up, you are
surely influencing the status quo in some way, we cannot have equality because without non-
discrimination, we cannot have equality. We must convey to the general public the idea and
comprehension that making extraordinary accommodations is necessary to advance
substantive equality. The specific requirements envisioned in Article 15(3) and (4) have
frequently been acknowledged by courts as being a component of Article 14 and necessary to
achieve equality among unequals. Therefore, the judicial perspective or approach would be to
recognise the significance of striking a just balance between the aspirational rights and the
corresponding obligation of the States to introduce affirmative measures combating
inequality on the one hand, and the principle of equality and its command against practicing
inequality in proscribed areas – sex, caste, gender, religion, etc. being examples. Affirmative
action programs have primarily been limited to the reservation or quota paradigm in the
context of caste and class (for public jobs and education). But any special provisions that the
State deems essential in the interest of women have been included in the interpretation of
special provisions based on gender. 4 So, by a number of laws, some of which I will quickly
touch on, this has developed more firmly and comprehensively. Courts have acknowledged
that Article 15(3) does not work in a vacuum when interpreting it, and they frequently consult
Articles 39, 42, and other Directive Principles of State Policy when analysing such policies.
13
Government of Andhra Pradesh v. PB Vijaykumar- Even job quotas for women in
government positions were maintained by the court on the grounds that Article 15(3) is really
broader than Article 16(4) and that such preferred quotas would fall under the purview of
"special provisions." In relation to women, it was stated that "the introduction of clause (3) of
Article 15 is a recognition of the fact that women in the country have been socially and
economically handicapped for generations. As a result, they are unable to equally engage in
the nation's socioeconomic activities. This socioeconomic backwardness must be eradicated
in order to achieve true equality between men and women, as stated in Article-15.
Legislatively speaking, however, there are few reservations for women. The fundamental
reason for this is because, unlike religion, caste, and region, gender is not an identifying
feature around which political mobilisation occurs. By participation and representation,
reservations can assist in redistributing power. The 73rd and 74th Amendment Acts, which
demand quotas for women in panchayats 14and municipalities, respectively, are examples of
how this can happen and have previously been supported by the courts. Another move in this

11
State of Madras v. Champakam Dorairajan, AIR 1951 SC 226.
12
Parliamentary Debates, Vol. XII-XIII, Part II, Col. 9617.
13
Government of Andhra Pradesh v. PB Vijaykumar (1995) 4 SCC 520
14
Upheld in K. Krishna Murthy (Dr.) & Others v. Union of India & Another, (2010) 7 SCC 20
direction may have been the Women's Reservation Bill15 (2008), which similarly required
33% reservations for women in the Lok Sabha and in State legislative assemblies (with a sub-
quota for SC/ST women), but this bill has now expired.
Crime Against Women
In India, there are roughly 62 documented criminal cases for every 100,000 females. Assam
has the highest rate of crimes against women, at around 178, followed by the UT of Delhi,
with 144 offenses per 100,000 females. With only 4 crimes per 100,000 female residents,
Nagaland had the lowest rate of crimes against women, followed by the UT of Puducherry
with 12 crimes per 100,000 female residents. With the authority granted by Article 15(3) of
the Constitution, the State has repeatedly imp lemented effective interventions for the
protection of women in the shape of laws and policies, sometimes in response to the court's
nudges. The notorious Mathura rape case in 1972 and the ensuing legal changes, as well as
more recent criminal law revisions brought about by the Nirbhaya case in 2013, have sped up
the evolution of punishment for crimes against women. We have certainly come a long way
from the infamous Rupan Deol Bajaj case, when the court, in the lack of a provision, read
protection for women against sexual harassment into Sections 354(outraging the modesty of a
woman) and Section 509 (word, gesture or act intended to insult a lady) of the IPC. The IPC
has been updated to add new offences that make crimes like acid attacks, voyeurism,
stalking, sexual harassment, etc. illegal as well as updated definitions for already-prohibited
offences like rape. Another illustration of the State taking the necessary actions to establish a
framework that prioritises the safety of women is the Protection of Women from Domestic
Violence Act of 2005. For the past ten years, courts have generously interpreted this Act's
provisions, extending the reach of protection to a wide range of domestic situations. One
requirement for the empowerment of women and other gendered minorities is their material
and economic independence. The main obstacles to women achieving economic
independence include salary disparity, discrimination based on their biological need to birth
children, a lack of safety, and the inferior social status they frequently experience in our
fundamentally and historically patriarchal society.
The Maternity Benefit Act of 1961, the Equal Remuneration Act of 1976, and the Sexual
Harassment of Women (Prevention, Prohibition and Redressal) at Workplace Act of 2013 are
a few examples of the helpful legislation that the Legislature has found it appropriate to enact
to address these concerns or vulnerabilities. The 1975 Ordinance, which was published in
what is known as the International Women's Year to carry out the Constitution's mandate
under Article 39, came before the Equal Renumeration Act. Courts frequently rely on
Articles 14 and 15 as well as the DPSP(Article- 39 and 42), as the foundation of authority and
logic. For instance, the Supreme Court ruled in Mackinnon Mackenzie v. Audrey D'Costa
that paying female stenographers less money (referred to as "confidential lady
stenographers") violated the Act and was sexist. Fair pay and benefits for equivalent or same
work, as well as the elimination of employment discrimination on the basis of gender is now
legally prohibited and falls under the Equal Remuneration Act-17 and the provisions of the
Constitution. Article 42 of Part IV of the Constitution, which required the State to enact
legislation on this topic, is where the Maternity Benefit Act also gets its start. The Pregnancy
Discrimination Act now guarantees that women get their salaries and remuneration during the
period and penalises dismissal on the basis of pregnancy. This Act has a rather progressive
policy of leave on the occurrence of pregnancy (or miscarriage). These protections help allay

15
Constitution (One hundred and eighth Amendment) Bill 2008
some of the worries because women experience severe bias, both direct and indirect, based
on their ability to procreate, which has a significant impact on their career trajectories and
consideration for advancement. Further rights and duties are included in the Factories Act,
including the establishment and upkeep of a creche, the requirement for private restrooms,
and limitations on working hours, among others.
Landmark Judgements
In 16Vishakha v. State of Rajasthan, the Supreme Court established rules and norms based
on the CEDAW framework for the protection of women in the workplace and other
institutions in response to a gap in domestic law, relying on Articles 42, 51-A(a), and (e).
This was done in recognition of their basic rights under Articles 14 and 15, their right to life
under Article 21, which includes the right to live with dignity, and their right to practise any
profession or to engage in any occupation, trade, or business under Article 19, which includes
a right to a sexually harassment-free workplace. In response to this ruling, the legislature
passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013, almost 16 years later (commonly known as "POSH") to offer
Protection against women being sexually harassed. The phrase "workplace" under Section
2(o) includes any "private sector organisations," i.e., in any organised or unorganised sectors,
which courts frequently construe broadly in order to increase the Act's scope of protection, as
is the case with the DV Act.
In 17Joseph Shine v. UOI, Chandrachud decriminalised adultery and noted that outdated
ideas of "chastity" and "honour" had dominated women's social and cultural lives, depriving
them of the protections for their privacy and dignity provided by the Constitution and
reducing them to nothing more than passive objects at the whim of men.
In the case of Shafin Jahan v. Ashokan K.M., the current CJI had argued for a woman's
freedom to wed the man of her choice against the wishes of her parents.
J. Chandrachud noted in Indian Young Lawyers' Association v. State of Kerala that the
fight for equality and fraternity would be completely meaningless if women were still
treated as less than human when exercising their rights to religion, belief, and worship.
In the well-known case of X v. The Principle Secretary Health and Family Welfare, he
expanded the application of the Medical Termination of Pregnancy Act Section 3(B) by
granting the right to abortion to unmarried women.
Justice Chandrachud served on the court. held that the two-finger test is irrelevant for the
purpose of evidence to prove rape under section 375 in the case of State of Jarkhand vs.
Shailendra Kumar Rai. J. Chandrachud further claimed that it was patriarchal and sexist to
imply that a woman's account of being raped cannot be trusted just because she engages in
sexual activity. In Patan wali v. State of Andhra Pradesh, he made the argument that such
instances require an intersectional approach, which calls for taking into account the unique
experiences that women go through as a result of their diverse identities.
State as Parens patriae
In a genuine way that benefits women, the State serves as parens patriae. I implore you to
consider and query this as well. There was undoubtedly a need for the state to intervene and
16
AIR 1997 SC 3011
17
https://www.livelaw.in/columns/chief-justice-of-india-justice-chandrachud-constitution-role-of-the-
judiciary-right-to-abortion-218408
"defend" its citizens in the past, in the absence of those citizens' capacity to do so given our
temporal context in society. In this case, those citizens were women. Unfortunately, rather
than enhancing the circumstances in which women live, this has frequently appeared as a
constraint placed on them. Consider, for example, the limitation on working hours to only the
6 AM to 7 PM window, as prescribed by S. 66 of the Factories Act (state governments may
vary this period but cannot include 10 PM to 5 AM), The time span of 6 AM to 7 PM as per
the Beedi and Cigar (Conditions of Work Act), which primarily pertains to women, or the
time range of S. 66 of the Factories Act (state governments may vary this period but cannot
include 10 PM to 5 AM). It should be noted that this does not involve a predetermined
number of working hours; rather, it involves fixing the timings themselves for the benefit of
women. This is obviously based on the protection of women's security and safety concerns,
but it is accomplished by limiting the opportunities available to women (who, for example,
may prefer night shifts to balance their domestic responsibilities), rather than putting the
burden on the threat of violence and controlling it. In a similar way, S. 22(2) of the Factories
Act forbids women or young people from working on or near moving machinery, and S. 46
of the Mines Act 1952 forbids women from working in mines. Both of these imply a woman's
physical capabilities and exclude her from the scope of the employment. Given that society is
still largely unsafe for women, such provisions are still on the books. However, I strongly
urge you to think about the fact that, rather than taking a paternalistic stance and placing
restrictions on women for their protection, we need to rethink our systems and work to ensure
the conditions and environment they find themselves in are controlled and safe.
Recent Judgements related to Gender Equality
Supreme Court Cautions Indian Army To Have SSB For Promotion Of Women Army
Officers
Case Title: Nitisha v. Union of India MA 1913/2022 in W.P.(C) No. 1109/2020 The
Supreme Court warned the Army authorities (Defence Ministry) in a petition seeking rank
promotion for female army officers that it will issue a peremptory order to assure their
advancement.
The judge also voiced worry over how unfairly the authorities were treating the female cops.
After the decision in The Secretary, Ministry of Defence v. Babita Puniya, 1200 officers
(male) who were junior to the petitioners received promotions, but the promotions for the
petitioners who were women were not granted. This caused great distress among the
petitioners. The Supreme Court rulings that gave women the opportunity to apply for
permanent commission, but the promotion selection panels did not allow them to do so,
prevented women short service commission officers from benefiting from those rulings.
After the warning, the Indian Army told the Supreme Court of India that a special selection
board for female Army officers will begin operations on January 9, 2023, during which time
the cases of about 246 female officers will be heard.
Female Members of a Tribal Community should be entitled equal share in the
property of the father
Case Title: Kamla Neti (D) vs Special Land Acquisition Officer | 2022 LiveLaw (SC) 1014
This case included a woman claiming her share under the Hindu Succession Act as a member
of a Scheduled Tribal Community. Although the court determined that a female scheduled
tribe member was not entitled to any survivorship rights under the provisions of the Hindu
Succession Act, it asked the Central Government to take this into consideration and consider
amending the Hindu Succession Act in a way that would be appropriate. According to the
court, there is no justification to deny a daughter from a tribal community the same rights that
a daughter from a non-tribal community has to an equal portion of the father's property. It
stated: "In intestate succession, female tribe members have the same rights as male tribal
members. It is past time for the Central Government to look into the situation and, if
necessary, amend the provisions of the Hindu Succession Act by which the Hindu Succession
Act is not made applicable to members of the Scheduled Tribe. This is especially true given
that the daughter of the tribal woman continues to be denied the same rights even after 70
years of the Indian Constitution, which guarantees the right to equality."
"Male Chauvinism Unacceptable": Allahabad High Court Dismisses Plea Challenging
Different PET Criteria For Males & Females
Pramod Kumar Singh And 5 Others v. State Of U.P. | 2022 LiveLaw (AB) 404
The Allahabad High Court rejected two appeals that contested the U.P. Subordinate Service
Selection Board's Excise Constable recruitment exam's requirement that males and female
candidates pass physical efficiency tests using different standards. The bench noted that as
there is no arbitrariness in how men and women are classified based on their physical
prowess, the claim of gender discrimination is unfounded and unacceptable. "Female
candidates have been successful in large numbers in the current recruiting, and it appears that
unsuccessful male candidates are unable to accept the fact that female candidates outnumber
them in merit. That represents "male chauvinism," which is inappropriate in the twenty-first
century "The Court stated.
Women’s marriageable age to be 21-The proposal to increase the legal age of marriage for
women from 18 to 21 years old was approved by the Union Cabinet . Under this change,
women would be able to marry at the same age as men, which is 21.In order to change
personal laws affecting marriage age, such as the Prohibition of Child Marriage Act, 2006,
Special Marriage Act, and personal laws like the Hindu Marriage Act, 1955, a law must now
be presented to Parliament. The Hindu Marriage Act currently stipulates that the bride must
be at least 18 years old and the groom must be at least 21. According to Islamic personal law,
a child who has reached puberty is regarded to be of marriageable age when they are married.
The minimum age of consent for marriage is set at 18 and 21 years old, respectively, by the
Special Marriage Act of 1954 and the Prohibition of Child Marriage Act of 2006.
Gender Equality and the Judicial System
Women are hesitant to work in the judiciary because of prejudice and patriarchal ideas about
gender roles. In addition, there is no essential infrastructure, such as day-care centres or
restrooms for women.In the last 25 years, less than 8% of High Court judges have been
female, and more than half of the current High Courts have never had a female Chief Justice,
according to KHOJ. There hasn't been a Dalit Chief Justice of India since the last Chief
Justice KG Balakrishnan retired from the Supreme Court in 2010.
The CJI had noted that throughout the pandemic, there had been an increase in the proportion
of female attorneys tenaciously debating in online courts. In contrast to the offline courts, this
incident did not occur as frequently. The offline courts, which were dominated by male
hegemony, did not see this scene as frequently. As a result, a tech-based ecosystem that is
open to women can be strengthened. He has also advocated for changing the criteria for
judging people's entry into the judiciary and has talked about the need for a greater feeling of
inclusiveness in the judiciary to evaluate women lawyers on the basis of diversity. According
to the CJI, there are conventional ideas about what a man and a woman should be like.
Women are stigmatized as being aggressive, but men can also be aggressive since women are
typically supposed to be graceful, meek, and conciliatory in conflict. This gender
role disparity in the judiciary creates the conditions for covert gender discrimination.
The Supreme Court is currently debating whether to legalize same-sex unions in the interest
of complete equality. An LGBT SC attorney named Rohin Bhatt recently requested the
creation of a new column to the slip for writing people's pronouns so that they may be
properly utilized in the court's decisions and rulings. In 2027, it's expected that Judge B.V.
Nagarathna, who was appointed to the Supreme Court, will become India's first female Chief
Justice. Moreover, Saurabh Kirpal, an out-gay attorney, has been recommended by the
Collegium for promotion to the Supreme Court.
Government Policies by government for Gender Equality
18
1. Beti Bachao, Beti Padhao (BBBP)
The Beti Bachao Beti Padhao Scheme prioritises the safety, well-being, and education of
young girls. The government launched this programme to address the issue of the diminishing
child sex ratio (CSR). The program's overarching objective is to "celebrate the girl child and
enable her education." The following are the Scheme's goals:
I. preventing sex discrimination in the workplace
II. to ensure the girl child's survival and safety
III. to ensure that girls receive an education

19
2. Mahila Shakti Kendra
The Mahila Shakti Kendra Programme (MSK) aims to empower rural women by giving them
access to jobs and chances for skill development. The Scheme was authorised for a three-year
period, from 2017–18 to 2019–20. It is a part of the Mission for the Protection and
Empowerment of Women's overarching plan.
3. Workplace for Women (WWH)
Working women's protection and safety are goals of the Programme for Working Women
Hostel (WWH). If possible, the programme aims to offer working women safe housing
options that also include daycare centres for their kids.
4. The Government of India's DAY-NULM programme, which is overseen by the Ministry
of Housing & Urban Affairs, intends to gradually give urban homeless people shelters
that are outfitted with necessary amenities. By giving urban poor households alternatives
for profitable self-employment, the Mission seeks to lessen their vulnerability and level
of poverty. The Mission serves families of disadvantaged populations, particularly
women, and the urban poor. It promotes the creation of women's SHGs, offers training
for street vendors, and makes it easier for vulnerable groups to access institutional
finance, social security, and other benefits.

5. Pradhan Mantri Ujjwala Yojana

20
The Ministry of Petroleum and Natural Gas launched the Pradhan Mantri Ujjwala Yojana
(PMYY) in May 2016 with the goal of ensuring the availability of clean cooking fuel, such

18
http://www.bbbpindia.gov.in/

20
https://www.pmuy.gov.in/index.aspx
as LPG, in rural and underprivileged households that were formerly using conventional
cooking fuels like firewood, cow-dung cakes, coal, etc. The programme offers free LPG
cylinders with the goal of empowering women and safeguarding their health.
Way forward and Suggestions
1. Economic and social empowerment puts women and girls in a stronger position and
gives them the agency to make decisions that promote their own health and well-
being, as well as that of their families. We believe that social and economic
empowerment is a key factor to improving sexual and reproductive health and rights
(SRHR) of women and girls. It enhances their ability to have a voice in decision-
making processes like marriage and pregnancy. It also enables women and girls to
ensure that water, sanitation, and hygiene (WASH) services respond to their needs.
For example, as their needs differ from those of men, it is important that they have a
voice with regard to household expenditure on WASH. The reverse is also true:
realizing women’s and girls’ rights to SRHR and water and sanitation increases their
ability to achieve their own social and economic. Additionally, it gives women and
girls the power to make sure that services for water, sanitation, and hygiene (WASH)
meet their requirements. For instance, it is crucial that they have a voice in how much
money the household spends on WASH because their needs differ from those of men.
Realizing women's and girls' rights to SRHR, water, and sanitation improves their
capacity to pursue their own social and economic goals. The opposite is also true.1.
I. Eradicating poverty: Programs to end poverty will be developed to address the
needs and issues of the population of women who are below the poverty line.
II. Microcredit: To improve women's access to credit for consumption and
production, current microcredit mechanisms will be formed and existing
mechanisms will be strengthened.
III. Women in the economy: By institutionalising women's participation in these
processes, macroeconomic and social policies are framed and implemented
with a recognition and inclusion of women's perspectives. Women contribute
in a variety of ways in both the formal and informal sectors, and it is
important to recognise this. It is also important to develop suitable regulations
for women's employment and working circumstances.
2. Under the Ministry of Skill Development & Entrepreneurship, the Women
Vocational Training Programme was established in 1997 with the goal of integrating
women into the workforce by providing them with vocational training. The
International Labor Organization and the Swedish International Development Agency
(SIDA) provided support in developing this program (ILO). The Program provides
 Training in industrial skills as part of the Craftsmen Training
Programme (CTS)
 Craft Instructors Training Scheme instructor skill training (CITS)
 short-term courses that are in demand
 Programs specifically designed to train ITI instructors
 Customized programmes to meet industry demand
This program was enforces through a network of 11 institutes which were later named as
“National Skill Training Institutes for Women”.
 The number of laws prohibiting various forms of discrimination or inequality may go
on, but the true change won't happen until men's mentalities shift; when male
members of the human species begin seeing women as equals rather than inferiors. In
fact, both men and women need to adopt a different mentality because of cultural
indoctrination that has made them complicit in the same patriarchal system that
exploits women and encourages male dominance.The movement for women's
empowerment is therefore necessary so that women can become economically
independent and self-sufficient, overcome their phobias, and venture out into the
world without any inhibitions. where women enjoy the freedom of choice and the
ability to make their own judgments without being constrained by the shackles of the
proverbial "Old Manu" saying. Where women have decent careers, good educations,
and ownership of property.

Conclusion-
 First, many developing nations today are in a startlingly comparable condition to
Western Europe around a century ago. Education for girls, women's political, legal,
and marital rights, outside-the-home jobs for both sexes, decreased fertility, and lower
child mortality are all development challenges that the currently industrialised
countries have addressed during the previous century or two.It might be claimed that
the technological advancements that moved production from primitive families to the
market place were responsible for the initial push for greater gender equality in
developed nations. These modifications affected women's roles, children's roles, and
specialisation.
 While numerous programmes and legislation have been developed and are being
developed to address gender inequities in India, what is necessary is the ongoing
monitoring and tracking of these programmes' execution. Additionally, the timely
resuscitation and updating of existing policies to make them more inclusive and
sensitive to the pressing demands of a specific scenario or crisis will go a long way in
hastening the achievement of the objective of gender equality in India.
 Let's hope and wish that our participatory democracy, in the future, and with the
efforts of both men and women, would be able to find answers to the issue of gender
disparity and would lead us all toward our cherished dream of a genuinely
contemporary society in both thinking and action.
References
1. Kabeer, N (1999) 'From Feminist Insights to an Analytical Framework: An Institutional
Perspective on Gender Inequality'
2. https://www.bbau.ac.in/Docs/FoundationCourse/TM/MPDC/gender%201.pdf
3. UNESCO, Gender and Education for All: The Leap to Equality- Summary Report (2003)
(hereinafter referred to as UNESCO Summary Report) at p1, available at
http://www.efareport.unesco.org/ UNICEF Basic information and gender equality:
http://www .unicef.org/girlseducation/ index_statistics.html
4. https://www.unicef.org/india/research-reports
5. https://www.unicef.org/india/reports/annual-report-india-2021
6. Indian economy and contemporary Indian economy
7. Razavi, S (2003), 'Women's changing roles in the context of economic reform and
globalization'. Background paper for EFA Global Monitoring Report 2003/04