Gender and Law

The study of gender and law from an anthropological perspective emerged during the 1970s.Scholars studying gender and law from an anthropological perspective are diverse in both their theoretical and their methodological orientations . However  ,they are united by a view that legal systems can’t be understood in isolation from the wider social contexts in which they are embedded. They also tend to focus on people’s lives experience of the law rather than on textual and doctrinal analyses of the law .Scholars working at the intersections of anthropology ,law,and gender have examined a broad range of topics,including the impact of colonization on gender relations,the operation of transnational legal institution ,and women’s property and labour rights.

Gender refers to the roles ,behaviours ,activities ,attributes and opportunities that any society considers appropriate for girls and boys ,and women and men.Gender interacts with,but is different from ,the binary categories of biological sex.

Gender Problems

Women empowerment -the essential ingredient to social development has become one of the most important concerns of 21st century .But practically women empowerment is still an illusion of reality .Gender inequality exists in the form of socially constructed ,predefined gender roles firmly anchored in India’s social fabric that the deep cultural and historic roots .Gender equality roots is considered ba critical element in achieving social institutional changes that leads to sustainable developmentwith equality and gender growth .The difference between men and women  exists in social ,political ,intellectual ,cultural ,and economic attainments .The golden gender gap measures were introduced by the world economic forum to examine four critical areas – economic participation and opportunity ,health and survival ,educational attainment and political empowerment .

1.Gender Ratio

Sex,and age the basic characteristics or the biological attribute ,of any demographic group and affects not only it’s demographic but also it’s social economic and political structure ,for the influence birth and death rate,internal and international migration ,martial status composition ,nan power ,the gross national product ,planning ,regarding educational and medical services and housing, etc.The attitude

Of society towards children ,the youth and elderly people is affected by sex – age distribution of population .Sex and age  are also very important because ,they are visible , indisputable and convenient indicators of social status.

2 Son Preference

In patriarchal society there is strong son preference .The desire is in line with aspirations emerging  from an increasingly consumerist culture leading to practice of female foeticide .Son is preferred to maintain family ‘s surname and hire ancestral property .Strong preference for male child reflected in health care.

3 Family Planning Acceptance

Women bate gigantic share of family planning burden especially in the rural India.The complications arising after tubectomy and IUD and side effects of oral pills have further shacked the health of the rural women.

4 Social Inequalities

Women are discriminated against men historically in terms of education ,health and social justice .Education plays a crucial role in improving the possibilities for personal growth . Similarly , cultural norms ,values ,and customs are no less important in determining the women ‘s life choices and physical and mental well-being.

5 Women and work participation

As pet ILO report women constitute roughly 50 percent of the total population ,33 percent of labour force and perform 66.6 percent of total work hours.They earn only 10 percent of total income and less than 1 percent of world’s property .

6.Low literacy rate

The 15th official census in India was calculated in the year 2011.After the 20111 census ,literacy rate in India was found to be 74.04%.Though this seems like a very great accomplishment but it is still a matter of concern that so many people in India can’t know read and write .The number of children who do not education in rural areas is still high .Now if we consider female literacy rate in India then it is lower than the man literacy rate.Today the female literacy rate is 65.46% where the male literacy rate is over 80%.

Gender Laws in India

Article 14

The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India prohibition of discrimination on grounds of religion ,race ,caste ,sex or place of birth.

Article 14 ,therefore ,not only provides the British concepts of equality before law but also gives equal protection of law which is an American concept .The provisions have wide connotations and very protect the women form discrimination from their counterparts.

Article 15

Prohibition of discrimination on grounds of religion ,race ,caste ,sex or place of birth .The state shall not discriminate against any citizen on grounds only of religion ,race ,caste ,sex,place of birth or any of them

Article 16

Equality of opportunity in matters of public employment .There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

The sexual harassment of  women at workplace Act,2013

To provide protection against sexual harassment of women at workplace and for the prevention of complaints of sexul harassment and for matters connected therewith or incidental thereto.

Hindu Succession Act,1956

Under the Hindu Succession Act,1956 ,females ate granted ownership of all property acquired either before or after the signing of the Act,abolishing their limited owner status .However ,it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons.

Criminal Law Act,2013

1 Section 326 A -Acid attack

Imprisonment not less than ten years but which may extend to imprisonment for life and with fine which shall be just and reasonable to meet the medical expenses and it shall be paid to the victim.

2 Section 326 B

Attempt to Acid attack – Imprisonment not less than five years but which may extend to seven years ,and shall also be liable to fine.

3 Section 354 A

Sexual harassment- Rigorous imprisonment up to five years ,or with fine .

Section 354 D

Stalking

Imprisonment not less than one year but which may extend to three years ,and shall also be liable to fine only protects women from being stalked by men.

Conclusion

Law is one of the most essential elements for development of gender.Without any law gender can’t exist in any society. We can’t protect our rights. If any one can abolished our rights then where can we filed a case and what can I do without establishing any law.

Reference

1.https://www.google.com/url?sa=t&source=web&rct=j&url=https://guides.ll.georgetown.edu/gender&ved=2ahUKEwjBrOXqmsn4AhX2ZWwGHZWOC5wQFnoECCwQAQ&usg=AOvVaw2VQhteFW08QXeJilruiDwB

2.https://www.google.com/url?sa=t&source=web&rct=j&url=https://blogs.worldbank.org/governance/six-facts-gender-laws-and-public-sector&ved=2ahUKEwjBrOXqmsn4AhX2ZWwGHZWOC5wQFnoECC4QAQ&usg=AOvVaw09veFF43vrKhdC933pyoHZ

Aishwarya Says:

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