RESEARCH PAPER

HUMAN RIGHTS AND CONSTITUTIONAL PROVISIONS RELATED TO GENDER

EQUALITY AND GENDER EQUITY

ABSTRACT

Both men and women are equal and play an important role in the formation and development of
their families in particular and society in general. In fact, the fight for equality is one of the main
concerns of women's movements around the world. The difference in sex and physical form does
not imply a difference in status. Woman is the complement of man and not inferior. In India,
women have long been considered an oppressed part of society and were neglected for centuries
.The birth of a son is celebrated, while the birth of a daughter is full of pain. Boys are encouraged
to be tough and outgoing, but girls are encouraged to stay at home and be shy. All of these
differences are gender differences and are created by society. It has a negative impact on
development goals and consequently reduces economic growth. It hampers general well-being,
as preventing women from participating in social, political and economic activities can have a
negative impact on society as a whole. Gender inequality is therefore a form of inequality
distinct from other forms of socioeconomic inequality. Gender inequality in India is a crucial
reality. In modern times, women excel in various fields of activity. However, most Indian
women face the problem of gender inequality and discrimination.
Keywords:
• Gender Differences
• Infanticide
• Unworthy Treatment
• Sexual Harassment
• Occupational Hazards.
INTRODUCTION

Gender equality between women and men refers to equal rights, duties and opportunities for
women and men, girls and boys. Equality does not mean that women and men are equal, but that
the rights, duties and opportunities of women and men do not depend on whether they are born
male or female. Gender equality means taking into account the interests, needs and priorities of
women and men, recognizing the diversity of the different groups of
women and men. Gender equity, which provides equal conditions for men and women to have a
fair chance to achieve equal outcomes, is a prerequisite for ensuring gender equality and human
rights. The ultimate goal of gender equality is to ensure that women and men have equal access
to and benefit from society's resources, opportunities and rewards. And in doing so, women must
have an equal say in what is valued and how it can be achieved. Justice is a means. Equality is
the result. Gender justice refers to an element of interpretation of social justice that is usually
based on tradition, custom, religion or culture, and which in most cases is at the expense of
women. The Convention on the Elimination of All Forms of Discrimination Against Women,
also known as the Women's Rights Charter, states that countries:
• must act to eliminate violations of women's rights, whether by individuals, groups or
organizations,
• strive to do so socially and culturally Change behavior patterns that stereotype gender or place
women in a subordinate position
• Ensure women have equal rights to education and equal access to information
• Eliminate discrimination against women in access to health care
• End the Discrimination against women in all matters related to marriage and family
relationships

CONSTITUTIONAL PROVISIONS RELATED TO GENDER EQUALITY AND

EQUITY

The Indian Constitution enshrines the proposal of gender parity in its Directive Principles,
Fundamental Duties, the Preamble and Fundamental Rights. The Indian Constitution not only
guarantees equal rights for women, but also empowers the center to take effective action against
injustice in support of women. Our laws, our approach to growth, our programs and initiatives
are aimed at helping women in different areas in the context of equal rights politics. It is very
important that everyone knows their rights and remedies in the event of a violation of the same,
especially if they are being exploited. In this article, we will examine the provisions that the
Indian Constitution lays out to combat gender inequality.

The constitutional provisions are as follows:

Article 14 -Requires the state not to deny individual equality before the law or impartial
protection of the law within the land of India. The process of "equality before the law" finds a
place in all written documents, guaranteeing the universal rights that all human beings,
regardless of birth, ethnicity, gender or race, are equal before the law. “Equal protection of the
law” means impartial compliance with the law for each person in the region of India .

Article 15(3)- obliges the state to prepare a special regulation in favor of children and women.
So he explains that while the state will not single out anyone, it can make exclusive
arrangements so that only children and women secure their shares. On the other hand, Article
15(3) supports discussions on the advancement of women and children through laws such as the
Child Sexual Harassment Act, the Domestic Violence Act, the Occupational Harassment Act, the
Child Sexual Abuse Act (Nirbhaya Act), Amendment to the Hindu Succession Act, and so on.
This also deals with restrictions on wives, marital rape, food protection law restrictions, etc.

Article 16- Article 16 guarantees equal opportunity in public service and prevents the state from
discriminating on the basis of religion, race or caste. , sex, ancestry, place of birth, place of
residence or any of these.

Article 16(4)- of the Indian Constitution stipulates that facilities must be reserved for the benefit
of the underprivileged within the state.

Article 39(a)- obliges the state to direct its action against the equal reservation of the right to a
decent livelihood for men and women.
Article 39(d)- obliges the state to guarantee equal pay for men and women for equal work. Our
Constitution does not expressly recognize the principle of "fair pay for fair work" as a civil right,
but it is a constitutional goal. According to her, the directive's provision declaring "fair pay for
equal work" implies equal pay for both sexes for equal work for both genders for equal work for
each

Article 39A -Promote justice and equal opportunities and provide free legal assistance through
an effective legal framework or otherwise to ensure that no one is denied access to justice in
favorable circumstances due to financial or other limitations.

Article 42- Obliges the state to provide fair and just working conditions and maternity
assistance.

Article 46 -Obliges the state to publicize the academic and financial affairs of the enlisted castes,
enlisted tribes and other backward classes. It also directs the state to make great efforts to
publicize the academic and financial concerns of the backward classes of the population and
much of the enlisted tribes and enlisted castes.

Article 51(A)(e)- Promotion of solidarity and the character of mutual friendship among all
residents of the country and rejection of acts that violate the dignity of women.

Article 243 D(3)- More than or equal to one-third (including the number of seats reserved for
women belonging to registered tribes and castes) of the maximum number of seats reserved for
women to be filled by open ballot in each panchayat, and that such seats are allocated
sequentially to separate constituencies within a panchayat.
Article 243 D (4) -More than or equal to one-third of the total number of seats reserved for
women for administrators at each level in the panchayats.

Article 243T (3) -More than or equal to one-third (including the proportion of seats reserved for
women belonging to registered tribes and castes) of the maximum number of seats to be filled by
open ballot in each municipality to be reserved for women and sequentially assigned to separate
constituencies in a ward for those seats.

Article 243T (4)- The allocation of administrative posts to incorporated tribes, women and
incorporated castes in parishes in such manner as a house of a state may legislate.

HUMAN RIGHTS

Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same
for everyone). They are "commonly understood as inalienable fundamental rights to which a
person is inherently entitled simply because she or he is a human being.“  Human rights are
moral principles that set out certain standards of human behavior, and are regularly protected as
legal rights

VIOLATION OF BASIC HUMAN RIGHTS IN INFORMAL SECTOR

The informal sector as hostile the formal sector is commonly loosely defined in concert within
which workers don't have recognition as workers and work with none social protection. within
the informal sector, women workers are forced to figure without contracts, without social
insurance, with low wages under bad working conditions. within the absence of insurance,
income security, it's difficult for girls workers in informal sector to put importance on their
health. the shortage of income security often has direct consequence on the access to education
for the kids of ladies workers in informal sector. they're not capable to check and alleviate their
poverty. Often children get absorbed into the informal sector themselves as adults thanks to lack
of education or as children to assist adults earn more (e.g. home based workers, vendors, self
employed) A Case Study of ladies Rag Pickers in Mumbai Unorganised labour is
sometimes perceived as ‘poor’ and as a beneficiary, consequently there are provisions within
the national budgets to assist them out of their poverty and vulnerability. they're treated as
beneficiaries of anti-poverty programs. the most concern of informal sector workers is irregular
employment (Patel & Karne, 2006).

MAJOR STEPS TAKEN TOWARDS ENSURING GENDER EQUALITY OR GENDER

JUSTICE ARE:

UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR) may be a milestone document within
the history of human rights. It sets out, for the primary time, fundamental human rights to be
universally protected. In its preamble, governments commit themselves and their people to
require measures that secure the human rights kicked off within the Declaration.

THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT

Globally, many steps are taken to finish all kinds of violence against women and girls, including
sexual violence. In September 2015, the UN General Assembly adopted Transforming our world:
the 2030 Agenda for Sustainable Development ("Agenda 2030").
It speaks about achieving gender equality and to empower all women and girls, "eliminate
all types of violence against all women and girls within the public and personal spheres" and
"ensure civil right and reduce inequalities of outcome, including by eliminating discriminatory
laws, policies and practices.

DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN, 1993

According to Article 3 of Declaration on the Elimination of Violence Against Women 1993,
women got right of equal enjoyment and protection of all human rights and fundamental
freedoms within the political, economic, social, cultural, civil or the other field. These rights are:
• The right to life;
• The right to equality
• The right to liberty and security of person;
• The right to equal protection under the law;
• The right to be free from all styles of discrimination;
• The right to the very best standard attainable of physical and mental state.
• The right to merely and favourable conditions of work;
• The right to not be subjected to torture, or other cruel, inhuman or degrading treatment or
punishment.
Also, this declaration made it a requirement on states to adopt measures and policies to eliminate
violence against women.

CONVENTION ON THE ELIMINATION OF ALL KINDS OF DISCRIMINATION

AGAINST WOMEN
The Convention on the Elimination of All sorts of Discrimination against Women (CEDAW)
was adopted in 1979 by the UN General Assembly. It defines what's discrimination against
women and sets up an agenda for national action to finish such discrimination.

AREAS THAT REQUIRE TO BE FOCUSED ON TO REALIZE GENDER EQUALITY:

1. Eliminating Gender Stereotyping
it's a recurring reason behind discrimination and a significant reason of the many human rights -
violations. Gender stereotypes prevalent in ideologies of individuals, justice system, media,
education, laws and practices, in various public and personal institutions must be eliminated by
embracing a gender sensitive approach in education system and laws and policies (Countering
Gender Discrimination, 2011). Society must even be sensitized and awakened about the adverse
impacts of such regressive stereotyping and will demonstrate a responsible behaviour.

2. Education
Illiteracy is that the fundamental reason for majority of socio-economic problems during
a society. Education is that the fundamental right of each child no matter gender. A child’s
outlook and thoughts are shaped in schools. Education is that the divisor in tackling gender
discrimination and a key to the development of a nation. It enlightens you with knowledge and
develops positive attitude and self-worth. It makes all conscious of their rights and makes
them independent, provides employment opportunity and boosts your personality

3. Economic Independence
Gender equality and economic development are interconnected. Financial security remains a
significant impediment in conferring the basic human rights and also the right to measure with
dignity for ladies, transgender community and other marginalised sections of society.
Independence in economical aspect is imperative for a personal and country and it brings with it
the needed confidence and freedom to survive the present time. Lack of education and
discrimination from society has made life extremely difficult for transgender people.
Apparently only a few transgender persons are ready to break the ceiling so it's necessary to
produce them the prospects for self-employment and entrepreneurship like multi-skill training
programmed in computers, housekeeping, hospitality, office management etc to create them
economically independent and independent (Padhi & Mohanty, 2019). Likewise financial
empowerment is equally vital for ladies because it increases their confidence but also gives them
more power over their life and higher cognitive process.

4. Gender sensitization
Gender sensitization is that the right approach for gender equality. Gender
sensitization isn't almost women and ladies issues but also transgender issues as they're the
foremost neglected community. Sensitization within the field of education, health, finance and
law will play a significant role in emphasizing right gender stereotypes which can be crucial.
Sensitizing on the various needs and gender-sensitive approach for ladies and transgender people
will have a positive impact on their growth. as an example separate toilets for women in schools,
specific areas for mothers to feed their child, crèche facilities at workplaces for those
that lack network reception.

5. Creating Awareness and Imparting Knowledge about Rights

Imparting the proper reasonably information and awareness is important to strengthen gender
equality. thanks to lack of education many remain ignorant about their rights, facilities and
resources available for them and are unable to require advantage of such schemes and policies.
Hence Proper awareness and basic knowledge about laws, provisions, various initiatives,
healthcare, employment, livelihood, skills, and their welfare etc should be imparted. for
instance He for She may be a solidarity campaign for gender equality, initiated by UN which
aims to realize equality by encouraging both genders to be a part of the change and support
gender equality (He for she, 2014).

6. Other Measures
India contains a great distance to travel before it may be identified as gender equal country where
all individuals are equal in every respect. Measures like education centres (Bringing Transgender
in Mainstream, 2015), Promoting the skill development, gender budgeting (Budgeting for
Gender, ) though may be a budding area in India, Media promoting positive gender stereotypes
and gender norms can have positive impact on masses. Laws and policies are there but more
focus is required in their proper implementation and execution, which may provide the needed
momentum to further gender equality. Though Government is making many endeavours to make
sure Gender Equality but it's also the duty and responsibility of society to make an environment
where there's no gender discrimination and everybody regardless of gender have equal
opportunities in deciding and roles within the social, political and economic development of the
state

CASE LAWS
1. Vishaka vs. State of Rajasthan (1997)
In this case, the court laid down ‘The Vishaka Guidelines’ which were later converted into
the molestation of ladies at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This
case pertains to a lady Bhanwari Devi who was gang-raped by five men as revenge on her for
attempting to terminate the wedding of an infant and to fight against the male ego in Rajasthan
which was a part of her job. The court held that harassment was a transparent violation of rights
under Articles 14, 15, 19 and 21 of the Indian Constitution.

2. Air India vs. Nargesh Meerza (1981)

In this case, an inclusive reading of Article 14 was done by the Supreme Court and it had
been decided that employment can't be denied to any individual on the grounds of sex. For
inflight services, stress was laid on the peak of the youth, appearance, and glamour quotient
of the staff. An aviation company called Air India regulated that the air hostesses should retire if
they reach the age of 35, conceiving a baby, or on marriage whichever occurs earlier. These
conditions were derogatory and offending and hence challenged within the court and were later
struck down.

3. Laxmi vs. Union of India (2015)

Amidst increasing acid attacks, the Supreme Court was called resolute issue directives and
suggest ways to stop such attacks. The court instructed the Governments at both levels to ban the
unauthorised sale of acids across the state. This decision paved the thanks to enforce harsher
punishments for people involved in such crimes.

4. Vineeta Sharma vs. Rakesh Sharma (2020)

In this case, the Supreme Court held that daughters will have equal coparcenary rights within
the Hindu Undivided Family by their birth and can't be excluded from inheritance regardless
of whether or not they were born before the amendment of 2005 to the Hindu Succession Act,
1956

CONCLUSION
India must take concrete steps to cut back gender inequality. As gender disparities persist,
concepts and techniques have to be reexamined to push women's dignity and rights. there's a
desire to form new styles of institutions, incorporating new norms and rules that support equal
and fair relationships between women and men. Man and woman are like two wheels of a car.
One person's life without the opposite is incomplete. The only fool proof method to
prevent gender inequality is to create change within the mind sets of individuals. This problem
can’t be solved by few but everyone must join hands to eradicate this inequality.
Hindu Succession Act, 1956

REFERENCES

 https://blog.ipleaders.in/legal-provisions-gender-equality-analysis/
 https://papersowl.com/examples/human-rights-and-gender-justice/
 https://www.worldwidejournals.com/paripex/recent_issues_pdf/
2015/September/September_2015_1492176817__30.pdf
 https://unu.edu/publications/articles/achieving-gender-equality-in-
india-what-works-and-what-doesnt.html
 http://oscw.nic.in/sites/default/files/Legal%20Provision%20for
%20Women%20Empowerment.pdf

 https://www.legalbites.in/landmark-judgements-on-gender-equality/