THE NATIONAL UNIVERSITY OF ADVANCED LEGAL

STUDIES
 
(A State University Est. by Act 27, 2005 of Kerala State Legislature)
 
Kalamassery, Kochi - 683503, Kerala
 
 
Skill Based Learning – Research Writing 

SEMESTER 1

                              

Submitted By:

M A Fathima Afrin (1672)

B.A. LL. B. (Hons.), 

The National University of Advanced Legal Studies (NUALS)
 

Submitted To:

Dr. Aparna Sreekumar

Assistant Professor
The Nation University of Advanced Legal Studies (NUALS)

1
 When will he=she=they?

ABSTRACT
History is rooted in Gender violence and the domination of the male gender over the brazenly
persecuted females and members of other gender identities. Equality is a far cry when it
ought to be the governing parameter. Gender equality implies equal treatment of all genders
and when one gender is given equal rights as the other. Recent statistics are discouraging and
point to the sobering state of women in the country. The purpose of this paper is to
understand the historic subjugation of women and members of the third gender. The author
hopes to invite conversation regarding the subject since this is the most effective way to
change attitudes.

INTRODUCTION
Historical perceptions of gender are skewed and outdated, and their obituaries should be
written. In this context, John Stuart Mill’s observation may be noted, “The legal
subordination of one sex to another is wrong in itself, and one of the chief hindrances to
human improvement; and that it ought to be replaced by a system of perfect equality,
admitting no power and privilege on the one side, nor disability on the other” 1The
fundamental essence of achieving gender equality is acknowledging the existence of genders
different than the one your own. It is the understanding that there are people in this vast
multiverse that think and feel in a way different from what you or your peers experience.
Conforming to one’s gender assigned at birth is more of a myth than a norm. Gender Identity
implies one’s sense of belonging that may or may not correlate with what you have been
assigned at birth. 

BACKGROUND
The sacred constitution, which functions as the guiding principle for the citizens of the
country, guarantees equality to women, equal protection before the law and prohibits any sort
of discrimination on basis of religion, race, caste, sex, place of birth etc.2 Regardless,
personal laws of various religious communities are discriminatory and do not provide equal

1
The Subjection of Women, John Stuart Mill
2
Article 14, The Constitution of India

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inheritance rights to women. For instance, under Muslim Sharia Law3, women traditionally
inherit only half as much as men. Women are constant victims of domestic violence and are
gaslighted into thinking it’s their fault for questioning authority. The existing regime is not
one of neutral rules but it is one that supports male values and perpetuate institutional
arrangements which has resulted in the unhealthy subordination of women.

ANALYSIS
The Supreme Court, in the case of Patan Jamal Vali v State of Andhra Pradesh4, in a first,
emphasized the need to adopt an intersectional approach in order to take into account the
multiple marginalities faced by the oppressed. In this case, a 22-year-old blind woman was
sexually assaulted. The trial court and the High Court convicted the accused under Section
376 of the Indian Penal Code 5(IPC) and Section 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (POA Act)6. The Supreme Court later
upheld the conviction for rape under the IPC but quashed the sentence under the PoA Act.
This judgment could be hailed as a significant step towards recognizing intersectional
discrimination women face due to their sex, disability, and caste. The case, in its judgment,
recognized the intersection of sex, color, caste, religion, etc., which accentuated the violence
and brutality faced by women. In other words, multiple forces operated cumulatively to
further gender violence.  
The term “Intersectionality” was coined by Kimberle Crenshaw to explain how race, gender,
class, and characteristics of an individual intersect and overlap with one another7. It
highlighted the struggles of Black women from the US. It involves acknowledging one form
of oppression while also taking others into account. 
Gender is a social construct and as a social construct it varies over time and society. Gender
is a hierarchical concept and intersects with other social and economic inequalities.
Oftentimes there are certain norms associated with gender especially the ridiculous notions of
masculinity that can negatively affect the mental and physical well being of boys. Such
gender norms could lead to boys and men perpetrating violence as a solution to all problems.8
3
https://www.legalserviceindia.com/helpline/shariat.htm

4
https://indiankanoon.org/doc/138189653/
5
https://www.indiacode.nic.in/show data?
actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=425
6
https://tribal.nic.in/actRules/preventionofAtricities.pdf
7
https://www.vox.com/the-highlight/2019/5/20/18542843/intersectionality-conservatism-law-race-gender-
discrimination
8
https://www.who.int/health-topics/gender#tab=tab_1

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Across the country, gender inequality results in unequal opportunities and statistically girls
are the most disadvantaged. Girls are more likely to drop out of school and face excessive
limitations on their ability to move freely and to make decisions regarding education, work,
marriage and social relationships. This is due to deeply entrenched norms, patriarchal views,
tradition and structure.
Joseph Shine vs Union of India, where the Supreme Court read down Section 497 of the IPC
is hailed as a judgement in the right direction. Justice AM Khanwilkar cuts to the heart of the
matter- that Section 497 treats a married woman as nothing more than her husband’s
property. This provision robs the married woman of any say in the matter.9

CONCLUSION
Gender Equality cannot be achieved overnight and requires measurable action in the right
direction. To achieve the same, we need to work on both social and psychological
empowerment of the victims and not be forced to confirm to gender stereotypes and gender
roles. Rather than just being a goal, it is a precondition to meet the challenge of reducing
poverty, income inequalities and for the society to truly flourish. We are in a better place than
how were ten years before, but we still have a long way to go.

ACKNOWLEDGMENT
I would like to express my sincere gratitude to the National University of Advanced Legal
Studies (NUALS) for giving me this opportunity to write this research paper. This would not
have been possible without the support and guidance of Ms. Aparna Sreekumar, who has
supported and guided my every step. Last but not the least, I would like to thank my parents,
classmates and seniors for motivating me and giving me their useful feedback.

REFERENCES

9
https://indiankanoon.org/doc/42184625/

4
 https://scroll.in/article/870573/the-mens-liberation-movement-what-todays-metoo-
sceptics-can-learn-from-their-1970s-brothers

https://feminisminindia.com/2021/09/21/moulding-girls-to-be-future-mothers-assertion-of-
gender-roles-through-parenting/

https://feminisminindia.com/2021/01/05/womens-empowerment-possible-without-gender-
equality/

https://www.worldbank.org/en/news/opinion/2020/04/13/gender-equality-why-it-matters-
especially-in-a-time-of-crisis

https://scroll.in/article/896135/supreme-court-has-done-well-to-legally-reaffirm-womens-
right-to-choose-sexual-partners-so-what

https://scroll.in/article/887357/india-has-no-reason-to-retain-its-archaic-adultery-law-but-
will-the-supreme-court-strike-it-down

https://scroll.in/article/887357/india-has-no-reason-to-retain-its-archaic-adultery-law-but-
will-the-supreme-court-strike-it-down