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Concept of Gender Based Bias in India: and Laws Combating Violence Against Women in India-An Overview
Concept of Gender Based Bias in India: and Laws Combating Violence Against Women in India-An Overview
Concept of Gender Based Bias in India: and Laws Combating Violence Against Women in India-An Overview
India
And Laws Combating Violence against Women in
India- An Overview
GENDER
It’s Meaning and Context
• Gender Defined;
“the state of being male or female (typically used with
reference to social and cultural differences rather than
biological ones).”
Thus, ‘Gender’ per se is a socio-cultural connotation or a social construction of
female and male identity. It includes the ways in which those differences,
whether real or perceived, have been valued, used and relied upon to
classify women and men and to assign roles and expectations to them. The
word ‘gender’ provides for the over-generalizations and stereotypes arising
thereof and thus the gender based ‘characteristics’ are followed by the
society rather than sex-based characteristics.
Difference between Gender and Sex
• Gender • Sex
• Is a socio-cultural • Is a Biological Aspect.
connotation. • It is an endowed natural
• It is a man-made concept. and biological aspect of
• Gender differentiates as- human beings.
MASCULINE and • Sex differentiates as-
FEMININE MALE and FEMALE.
• A very broad and vague • A straight-jacket
term which may differ difference which is
from place to place. usually unchangeable and
undeniable.
Concept of Gender bias
BIASES based on Gender arise from the
term itself! Gender is categorization on
the basis of generalizations and
BIASES stereotypes. Gender indicating
characteristics are so blatant and out
on-the-face-of-it that gender-based
STEREOTYPES differences and sex-based differences
are often used interchangeably. Gender
based norms have now become deep-
OVER-
GENERALIZATIONS rooted in the society and the society
thus relies on these norms and comes
out with Masculine and Feminine traits
which HAVE to be present in a Man and
IDENTITIES a Woman, respectively.
All such differences have now taken the
face of ‘gender inequality’ which is very
much in evident in India and much
thanks to the patriarchal system, the
Gender based biases and prejudices are
“generally’’ against the Female section
of the Indian society.
Gender Based Bias in India
1. Female Feticide
2. Female Infanticide
3. Age of Marriage
4. Procedures for Women
Contracting battling
Marriage various
5. Executing Marriages; problems
Customs of Dowry, at every
‘Stridhan’ stage of
6. Child Bearing their
7. Domestic Abuse lives.
8. Divorce
9. Separation
10. Widowhood
11. Remarriage
In the Mathura Rape Case (Tukaram & Anr. V. State of Maharashtra) provisions were made in the
Evidence Act providing that that if the victim says that she did not consent to the sexual
intercourse, the Court shall presume that she did not consent as a rebuttable presumption. The
Section 376 (punishment for rape) of the Indian Penal Code underwent a change with the In State of Rajasthan v.
enactment and addition of Section 376(A), Section 376(B),Section 376(C), Section 376(D), which N.K. , wherein the
made custodial rape punishable. supreme court held
that the absence of
injuries on the person
of the prosecutrix is not
necessary to falsify the
allegation or be
regarded as an
Te apex court in State of Punjab v. Major Singh, while dealing with section 354 had interpreted evidence of consent on
the term 'women' denoting female of any age. It further held that an offence which does not the part of the
amount to rape may come under the sweep of section 354, IPC prosecutrix.
Continued…
Birbhum Gang-rape case; SC directed the State of WB to pay Rs. 5 lacs
as compensation to the Rape Victim. The bench observed that “No
compensation can be adequate. As the state has failed to protect the
victim’s rights, it is duty-bound to provide compensation,”