GENDER JUSTICE IN INDIA

INTRODUCTON

Gender is a common term whereas gender discrimination is meant only for women, because
females are the only victims of gender discrimination. It is a harsh reality that women have been
ill-treated in every society for ages and India is no exception. Women are deprived of economic
resources and are dependent on men for their living. Women works are often confined to
domestic sphere, she had to do all house hold works, which are not recognized and unpaid. In
modern times many women are coming out to work but has to shoulder the double responsibility;
one she has to work where she is employed and secondly she also has to do all the house hold
works, moreover, she is last to be considered and first to be fired as she is considered to be less
productive than her counterpart. Her general status in the family and in the society has been low
and unrecognized. In number females are nearly 50 percent of the total population but their
representation in public life is very low. Thus recognizing womens right and believing their
ability are essential for womens empowerment and development. Gender justice refers to
equality between the sexes. Gender justice is a correlation of social, economic, political,
environmental, cultural and educational factors; these preconditions need to be satisfied for
achieving gender justice. Globally, gender justice as a cause has gained in strength over the
years, as it has been realized that no state can truly progress if half of its population is held back.
The present paper deals with gender discrimination in India, its various forms and its causes.
Further in this paper importance of women in development, legislation for women and solution
for gender discrimination are also highlighted. Gender is basically a socio-cultural term which
contains in itself the socially ascribed roles, attributes and behaviors given to a man and a
woman in the society. Time and again we have seen that Indian society has enslaved the mind of
a woman, she has been discriminated from the very inception of birth through female infanticide.
Even before birth, female feticide and sex selective abortion, battering during pregnancy, coerced
pregnancy etc. are very common in a country like India.After birth too, a woman throughout her
life cycle faces discrimination and violence. She faces emotional and physical abuse, differential
access to food and medical care, genital mutilation, sexual abuse by family members and
outsiders, rape, sexual harassment at workplace, trafficking, forced prostitution, dowry related
violence and what not. Gender inequality should be understood from that era when the Hindu
sage, Manu said that a woman should remain under eternal bondage. He said that a woman must
be in the custody of her father when she is a child, she must be under the custody of her husband
when married and must be under the custody of her son in old age or as a widow. Gender
inequality means that when a specific gender is regarded as a minority group and a set of
complex images and conceptions are attributed to such gender and is passed on from generation
to generation through customs and practices. It is worthwhile to mention here that the position of
a woman in India has changed from time to time.
Literature Review

The topic of the study is a legal,social problem which is faced by women and men therefore the
existing literature, which includes both the related constitutional provision and fundamental
rights in india for gender justice in india. The existing literature efficiently analyses the broad
horizon related to given topic including elaborations, laws, study of cases, fundamental rights
and certain laws relating to the gender justice in india.

Objective

To study the problem faced by womens due to gender justice in india

To make people aware about the laws for the gender justice in india
to study the impact on india by the discrimination on gender and caste system

Methodology

Non-Doctrinal research was used for completion of the venture to give it a precise and
productive structure. Mostly the materials were collected through secondary sources such as
books, journals, reports, articles and from many other online as well as printed sources. For
citations, the Twentieth Edition Bluebook technique has been utilized.

Chapterization

Chapter I: HISTORY

The Vedic period was the era when women did enjoy a dominant place in the
society. Women enjoyed the Right to education and they studied in gurukuls. According to the
Rig Veda, it was stated that the home has its foundation in the women mass. 47Women like
ApalaAtreyi (daughter of Atri Rishi, herhymns occur in Rig Veda), ViswavaraAtreyi (composer
of Rig Veda) Gargi (the first woman philosopher of ancient India), Maitreye (an educated
woman)

Chapter II: GLOBAL SCENARIO ON GENDER JUSTICE

In order to achieve gender justice Equal participation by women and men in both economic and
social development, and women and men benefiting equally from societies resources is
crucial.Globally Speaking, the United Nations has established a strong mandate for gender
justice

Chapter III: WOMEN AND DEVELOPMENTOF NATION

From the cradle to grave, females are under the clutches of numerous evils acts as
discriminations, oppressions, violence, within the family, at the work places and in the society.
The root causes of all the evils practices faced by the women are illiteracy, economic
dependence, caste restrictions, religious prohibition, lack of leadership qualities and apathetic
and callous attitude of males in the society.

Chapter IV: GENDER JUSTICE AND STATUTORY FRAMEWORK

The framers of the constitution bestowed sufficient thought on the position of women in Indian
social order, which is quite evident from the provisions of the constitution. The Constitution of
India which is regarded as the supreme law of the land, gives special protection to womens such
as Article 15 guarantees the right against discrimination

Chapter V: GENDER JUSTICE AND JUDICIAL PRONOUNCEMENT

The Indian Judicial System has independently and effectively intervened on the issue of women
emancipation. For instance, in C.B.Muthamma v. Union of India1979 AIR 1868, the validity of
the Indian Foreign Service (Conduct and discipline) Rules of 1961 was challenged which
provided that a female employee to obtain a written permission of the Government in writing
before her marriage is solemnized and at any time after a marriage a women member of the
service may be required to resign from service

Chapter VI: MEASUREMENT AND SOLUTION FOR GENDER DISCRIMINATION

Various movements, programmes are being carried out by the Government,

voluntary organizations and by lot of social activities for womens development and
against the gender discrimination. To solve the gender discrimination problem the
following factor would be very useful

Chapter VII: CASE STUDY

Chapter VIII: BIBLOGRAPHY

Chapter IX: CONCLUSION

Gender equality is now universally accepted as being a prerequisite for sustainable

human development. In India, although some progress in women's development has
been made, women continue to lag behind men. The adverse sex ratio, poor
educational and nutritional status, inequality in wages and the prevalence of
violence against women are all pointers to the fact of glaring gender inequalities in
key areas of social, economic and political participation and decision-making

References

Berta Esteve-Volast, Gender discrimination and Growth: Theory and Evidence from
India available at (Retrieved on March, 2013)
Durga Das Basu, Shorter Constitution of India (13th ed. 2001) Wadhwa and Company,
Law Publishers, Nagpur
Human Development Report 2016- Gender Related Development Index
Kalyani Menon Sen and A.K.Shiva Kumar, 2001, Women in India, How Free? How
Equal? New Delhi, UNDAF