Name : Debbojoti Ghosh.

(4 th Semester)

Presentation Topic: “Gender Equality: A Myth Or Reality”

Sub Topic: Gap between Law and Practice in ensuring

Gender Justice.
 INTRODUCTION

Gender Development Index or GDI is clearly mentioning that India is in the

segment of Medium Human Development. If we go through the actual index of GDI of 2018
then we can find India is in 129th position with in 189 countries. But what is GDI?

Before going through the brief details we have to find what are the
meanings of the basic terms like Gender Equality etc.

Gender Equality: It is also known as Sexual Equality or Equality of The

Sexes, is the state of equal ease of access to resources and opportunities regardless of
gender, including economic participation and decision-making; and the state of valuing
different behaviours, aspiration and needs equally, regardless of gender.

If we are discussing about the term gender equality then it is harder to stop
in coming of two words 1. Gender equity.

2. Women empowerment.

Gender Equity: It means fairness of treatment for men and women

according to their respective needs. This may include equal treatment that is different but
which is considered equivalent in terms of rights, benefits, obligations and opportunities.

Women Empowerment: It is a movement involving resect, honour,

recognition and love towards all women. Empowerment can be defined in many ways,
however when taking about women’s empowerment, empowerment means accepting
allowing women who are outside of the decision making process into it. This also put a
strong emphasis on participating in political structure and the formal structure also.

The meaning of the words Gender equality and Gender equity

present a challenge. A challenge because the distinction between gender equity and
gender equality is unclear to most people, and bringing clarity and purpose to this
conversation is an important step along the path for eliminating the gender equity
gap. An opportunity because we now have the insights to open the eyes of
individuals and business leaders as to this distinction, thereby making it possible to
move forward along the journey to gender equality to every aspects.
 Abstract
Gender Development Index or GDI is clearly mentioning that India is in the segment of
Medium Human Development. India is currently on 129th position. But going through all the
details we must know the meaning of the basic words. Gender Equality is the state of equal
ease of access to resources and opportunities regardless of gender and Gender Equity
means fairness of treatment for men and women according to their respective needs.
Women Empowerment is a movement involving resect, honour, recognition and love
towards all women. Now we can say that gender equality is the ultimate goal to achieve and
gender equity is the way how to achieve the gender equality. To achieve this government
has took a lot of initiations like Betibachao Betipodaho, konashree, ruposhree etc. As well as
there have a lot of legal support which have been mentioned later on, for the women. The
international organisations also took a lot of initiations like #MeToo, #TimesUp and HeForShe
etc. But still India facing the same problem as like before. The statics which have been mentioned
later also supporting this claim. But the main question is why? Is there any problem in implementing
those laws in the society or not? Yes, there have some issues in the implementation. But the main
problem lies within us. It is about our mentality. Some of us still thinks that women should remain in
house and should be dependent on her male partner. Another serious issue is about the misuse of
those rights and support given to women. Some of them using these laws as a weapon to satisfy
their ego. Another cause is the reservation policy itself. We are reserving their seats thinking them to
be weakened one. In actual condition they are not like that. Extra reservation for them is kind of
worst decision taken by the government. That will spread hatred among our next generation male
against women. Which is really disappointing.
 Gap between Law and Practice in ensuring Gender Justice.
In the past 50 years, significant progress in women’s equality has been made worldwide.
India also taken a lot of steps in the direction of the gender equality. But it was not enough.
That is why India is on 112th position out of 153 countries on 2020. But it has slipped from
108th position on 2018. The economic gender gap runs particularly deep in India. Only one-
third of the gap has been bridged (score of 35.4%, 149th, down 7 places). Since 2006, the
gap has gotten significantly wider. Among the 153 countries studied, India is the only
country where the economic gender gap is larger than the political gender gap," it added.

India ranked 18th in political empowerment and 4th in the number of

years a female or a male ruled a state. It ranks 149th in economic participation and
opportunity and 117th in wage equality for similar work. The country ranked 112th in
educational attainment and 150th in health and survival.

The wide Gender Gap in India is due to Religious and Historical Societal
linkages. The process is much slower as compared to other countries because of attitudes
prevailing in Indian societal culture.

But before analyzing critically we have to know the laws and the steps
taken by India in order to gain Gender Equality.

The Indian Penal Code, 1860 : It lays down the provisions to penalise the culprit for the
heinous offences against women. Various sections under IPC specifically deals with such
crimes.

1. Acid Attack (Sections 326A and 326B)

2. Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
3. Attempt to commit rape (Section 376/511)
4. Kidnapping and abduction for different purposes (Sections 363–373)
5. Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
6. Cruelty by husband or his relatives (Section 498A)
7. Outraging the modesty of women (Section 354)
8. Sexual harassment (Section 354A)
9. Assault on women with intent to disrobe a woman (Section 354B)
10. Voyeurism (Section 354C)
11. Stalking (Section 354D)
12. Importation of girls up to 21 years of age (Section 366B)
13. Word, gesture or act intended to insult the modesty of a woman (Section 509)

The Prohibition of Child Marriage Act, 2006: According to the International Research Centre
for Women, almost 47 percent of girls are married before the age of 18. Currently, India ranks
13 in the world when it comes to child marriages. Since child marriage has been steeped into
the Indian culture and tradition since centuries, it has been tough eliminating it.
The Prohibition of Child Marriage Act was made effective in 2007. This act defines child
marriage as a marriage where the groom or the bride are underage, that is, the bride is under
18 years of age or the boy is younger than 21 years.

Parents trying to marry underage girls are subject to action under this law. Since the law
makes these marriages illegal, it acts as a major deterrent.

Special Marriage Act, 1954: The objectives of this act is to provide – a special form of marriage
in certain cases, provide for registration of certain marriages and, to provide for divorce. In a
country like India and with the diverse religions and cast, when people from different faiths
and caste chose to get married they do it under the Special Marriage Act.

It is not applicable to the state of Jammu and Kashmir and also extends to intending spouses
who are Indian nationals and living abroad.

Dowry Prohibition Act, 1961: According to this act, taking or giving of dowry at the time of
the marriage to the bride or the bridegroom and their family is to be penalised. Dowry system,
giving and taking of dowry, is a norm in India. Dowry is often asked of the bride and her family
by the groom and his family. The system has taken strong roots because women after
marriage move in with their spouse and in-laws. Also, over the centuries, the lack for
economic independence of women and the taboo towards divorce has resulted in bride
burning. When demands for dowry even after marriage are not met by the girl’s families,
many women are tortured, beaten and even burnt.

It is one of the major challenges that our society is grappling with. Women openly complaining
about it has helped to spread the word and encourage other women to take a stand.

Indian Divorce Act, 1969: The Indian Divorce Act allows the dissolution of marriage, mutual
consent, nullity of marriage, judicial separation and restitution of conjugal rights.

Family Courts are established to file, hear, and dispose of such cases.

Maternity Benefit Act,1861: This act regulates the employment of women and maternity
benefits mandated by law. It states that a woman employee who has worked in an
organisation for a period of at least 80 days during the 12 months preceding the date of her
expected delivery is entitled to receive maternity benefits, which includes maternity leave,
nursing breaks, medical allowance, etc.

Medical Termination of Pregnancy Act,1971: The Act came into effect into 1972, was
amended in 1975 and 2002. The aim of the Act is to reduce the occurrence of illegal abortion
and consequent maternal mortality and morbidity. It clearly states the conditions under
which a pregnancy can be ended or aborted and specifies the persons qualified to conduct
the same.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013: To ensure women’s safety at workplace, this Act seeks to protect them from sexual
harassment at their place of work. Thirty-six percent of Indian companies and 25 percent
among MNC’s are not complaint with the Sexual Harassment Act according to a FICCI-EY
November 2015 report. Sexual harassment at workplace also includes – the use of language
with sexual overtones, invasion of private space with a male colleague hovering too close
for comfort, subtle touches and innuendoes.

Indecent Representation of Women (Prevention) Act,1986: This Act prohibits indecent

representation of women through advertisement or in publications, writings, paintings,
figures or in any other manner.

National Commission for Women Act, 1990: The National Commission for Women (NCW) is
a statutory body of the Government of India, established in January 1992. Lalitha
Kumaramangalam was appointed its Chairperson in 2014. The NCW represents the rights of
women in India and provides a voice for their issues and concerns. The National Commission
for Women Act aims to improve the status of women and worked for their economic
empowerment.

Equal Remuneration Act, 1976: This Act prevents discrimination in terms of remuneration.
It provides for payment of equal recompense to men and women workers. It is necessary to
know these and other laws in place to protect the interests of women. Only if you are aware
of your rights can you fight against any injustice meted out to you at home, at the
workplace, or in the society.

With everything that is happening around the world at the moment since the rise of the
#MeToo and #TimesUp movements, the creation of the HeForShe foundation by the UN,
Women’s Marches around the globe and many more initiatives which are fighting for
equality. But It is shocking to realize that in 2020, women around the world, regardless of
race, religion or sexual orientation still have to fight daily, both at home and at work, to
overcome gender inequality. To illustrate how far we still have to go, here are a few figures
on gender inequality worldwide:

• In 2016, just 57% of the world’s working-age women were in the labour force,
compared to 70% of working-age men.
• Women with full-time jobs still earn only about 77 % of their male counterparts’
earnings.
• 62 million girls are denied an education all over the world. #UpForSchool wants to
change that.
• Every year, an estimated 15 million girls under 18 are married worldwide, with
little or no say in the matter. India consists large in number among them.
• 4 out of 5 victims of human trafficking are girls.
But the main thing why it is happening still after taking a lot of initiatives that I already
mentioned above? Why we are still facing the same problems more than before as the
numbers is saying? Is there any problem in implementation the initiatives or the initiatives
are wrong it self? I will be discussing them later in the concluding part.

Conclusion
I have already said about the laws and the initiations taken by the government or the
international organizations. But the recent data is showing a sharp increase of the offences
against women. Now the question is why? Is there any problem in implementing those laws
in the society or not? Yes, there have some issues in the implementation. But the main
problem lies within us. It is about our mentality. Some of us still thinks that women should
remain in house and should be dependent on her male partner. Which is kind of wrong
thing. Another serious issue is about the misuse of those rights and support given to
women. Some of them using these laws as a weapon to satisfy their ego. The recent cases
like jasleen kaur case or many other cases showing the same thing. Statics shows that 53.2%
of the rape case filed between April 2013 and July 2014 in capital were found false as per
The Delhi Commission of Women (DCW). Which is disappointing. It is really going to spread
hatred among the new aged guys against women. Hatred is a kind of virus which can spread
more faster that the common cold virus. So, women must remain very careful about this
matter. Another cause is the reservation policy itself. We are reserving their seats thinking
them to be weakened one. But we have to remember they are only soul who can hold
another. So, they are not weak. Highly we can increase the opportunities of their education.
But reservation in job is a kind of worst decision because it is not supporting the gender
equity concept. Without getting equity we would not be able to achieve the Gender
Equality. At the end we can tell that a little step by us like changing our old mindset and by
our government like spreading education can lead to Gender Equality otherwise it will
remain as concept and myth also.