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Summary
 MAHARASTRA NATIONAL LAW
UNIVERSITY, AURANGABAD

SEMINAR PAPER ON
COMPANY LAW
TOPIC: GENDER JUSTICE IN THE GLOBAL
CONTEXT”

SUBMITTED BY SUBMITTED TO

SHREYA KULKARNI
LLM 2023-2024 SEMESTER -1
ROLL NO: 58
TOTAL NUMBER OF PAGES: SUBMITTED
ON:
 DECLARATION

The undersigned declares that the seminar research paper on the topic,
“GENDER JUSTICE IN THE GLOBAL CONTEXT” is an
original and bona fide work. All the statements and assertions made in the seminar
paper are drawn from my research work.
I also certify that:
1. All the work given in the research paper is done by me.
2. The research paper has not been submitted to any other university or college.
3. For the research paper, all the guidelines given by the university have been
followed.
4. All the material resources used for the analysis have been given credit and are
properly cited.
 TABLE OF CONTENTS

1. CHAPTER 1
1.1. ABSTRACT

1.2. REVIEW OF LITERATURE

1.3. RESEARCH OBJECTIVES
1.4. RESEARCH HYPOTHESIS
1.5 RESEARCH QUESTION
1.6 RESEARCH METHODOLOGY
2. CHAPTER 2
2.1 GENDER JUSTICE FOR SUSTAINABLE
DEVELOPMENT
3 CHAPTER 3
3.1 PHILOSOPHICAL QUESTIONS OF JUSTICE
3.2 WESTERN FEMINISM
3.3 PHILOSOPHICAL WORK ON GLOBAL JUSTICE
4 CHAPTER 4
4.1 GROUND REALITIES OF GENDER JUSTICE
4.2 CONSEQUENCES OF LACK OF IMPLEMENTATION
5 CHAPTER 5
5.1 ROLE OF INTERNATIONAL BODIES IN
PROMOTING GENDER JUSTICE
5.2 ROLE OF NGO’S
6 CHAPTER 6
6.1 GLOBAL-VIEW OF GENDER JUSTICE
6.2 GENDER LAWS IN INDIA
6.3 GENDER LAWS IN THE UK EUROPE & USA
7 CONCLUSIONS AND SUGGESTIONS
 CHAPTER 1
ABSTRACT

Gender justice has always been a source of contention and remains one of the most pressing
human rights issues. Gender equality is a simple definition of gender justice. To achieve gender
justice, certain prerequisites must be met. Gender justice is a balance of economic, social,
political, environmental, educational, cultural, and other variables. Human rights advocates,
NGOs, feminists, and others have fought a long battle for justice, freedom, and equal rights.
Women's rights are more significant from a human rights standpoint and a delicate subject. The
society, which is controlled by men, frequently disregards the rights of women. To examine
human rights from a gender viewpoint, this paper concentrates on the different international
agreements and conferences created to advance and support women in the global community.
Around the world, progress toward women having equal access to power and rights has been
elusive. Discriminatory laws, practices, and attitudes are still prevalent and deeply rooted
throughout the world. Women frequently experience the worst levels of abuse, marginalization,
and economic exclusion in times of crisis. Women are still underrepresented in positions of
power that directly affect their safety, well-being, and quality of life.

REVIEW OF LITERATURE-
The research and discourse on gender justice in the global context are complicated and
dynamic, according to a survey of the literature. A major topic on a worldwide scale is gender
justice, which includes concerns about social justice, gender equality, and women's rights.
Scholars stress the need to understand how overlapping identities and experiences affect how
people access justice. According to research, the intersections between gender and variables
including race, ethnicity, class, sexual orientation, and disability result in particular difficulties
and inequities. A large portion of the literature concerns international agreements and legal
frameworks, such as the Beijing Declaration and the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW). Researchers investigate the extent to
which these tools have helped promote gender justice on a worldwide scale. Violence against
women is still a serious problem everywhere. The frequency and effects of violence against
women are examined in the literature, as well as the efficiency of governmental and
institutional responses to it. Gender-based economic inequalities still exist. Research focuses
on the gender wage gap, access to employment possibilities, and the contribution of
microfinance and entrepreneurship initiatives to the advancement of economic justice for
women.

RESEARCH HYPOTHESIS
There are many reasons why implementation progress has been so sluggish despite strong
global mandates. One of these is the fact that there have been few sincere attempts at
implementation of the crucial approach of gender mainstreaming, both within UN institutions
and within Member States. There hasn't been enough political will despite international
commitments, and top and middle management both lack leadership. holding the mechanisms
of managers Resources have previously been allotted but are inadequately organized and
accountable for gender equality duties.
RESEARCH OBJECTIVE

The researcher through this paper wants to conduct a thorough investigation into and advocate
for gender justice in the global context by analyzing the complex dimensions of gender
inequality, determining the underlying causes, and formulating evidence-based strategies and
policy recommendations to advance gender equity, empower marginalized populations, and
promote inclusive socio-economic and political systems globally.

RESEARCH QUESTION-
 Why gender justice matters for sustainable development

RESEARCH OBJECTIVE-

In this paper, to meet the challenges, the researcher has used the doctrinal method because it is
a small project, and due to the paucity of time empirical study cannot be taken. Though this
topic is fit for empirical study the researcher has been confined to the doctrinal method. To
ensure the objectivity of this study, the researcher underwent a de-learning of her own
experience and observation. Secondary data was used by reanalyzing, interpreting, and
reviewing existing publications and eBooks, scholarly articles, journals, e-library databases,
and official government documents.

The purpose of this paper is to analyze the research questions based on what, why, and how.
The information was gathered from various e-data sources. to meet the challenges, the
researcher has used the doctrinal method because it is a small project, and due to the paucity
of time empirical study cannot be taken. Though this topic is fit for empirical study the
researcher has been confined to the doctrinal method. To ensure the objectivity of this study,
the researcher underwent a de-learning of her own experience and observation. Secondary data
was used by reanalyzing, interpreting, and reviewing existing publications and eBooks,
scholarly articles, journals, e-library databases, and official government documents. The
purpose of this paper is to analyze the research questions based on what, why, and how. The
information was gathered from various e-data sources. The data has been reviewed from
websites Google Books and legal documents. In addition, the most recent information was
gathered from various journals and newspapers
 CHAPTER 2
2.1- GENDER JUSTICE FOR SUSTAINABLE DEVELOPMENT

In this period of environmental stress, women and girls bear a disproportionate weight.
Drought, floods, storms, and fires all have an immediate effect on individuals responsible for
gathering water, procuring food, and taking care of families. Women's opinions are frequently
ignored when making decisions regarding the environment and how to protect it, or they are
completely absent. We are aware that environmental issues significantly affect women's and
girls' lives and well-being, and that achieving greater gender equality and representation is
essential to achieving environmental and conservation goals. To guarantee that various
viewpoints and experiences are incorporated into important decision-making and operational
processes, gender justice must be prioritized.

What exactly is gender justice? It represents a commitment to address the gendered effects
of environmental deterioration and to encourage fair resource management and the economic
empowerment of women for the good of all communities. Additionally, this strategy
encourages social invention and group learning, two processes that can result in more
efficient and long-lasting solutions. In the end, incorporating gender equity into
environmental programs produces outcomes that are good for people and the environment,
making the world more just and sustainable as a whole.

The 2030 Agenda's goal to "leave no one behind" cannot be fulfilled without gender equality.
To achieve gender equality and give women and girls the chance to realize and assert their
human rights on an equal footing with everyone else, it is crucial to create effective and
inclusive rule of law systems and institutions.
 CHAPTER 3

3.1- PHILOSOPHICAL QUESTIONS OF JUSTICE

The concept of moral balance is essential to justice. In general, being interested in ensuring
that individuals receive their proper compensation is being engaged in justice. Political
philosophers argue how this ethereal concept should be substantively interpreted and utilized
in practice. Three basic branches of justice are typically distinguished by Western
philosophers and relate to three main categories of concerns. Retributive justice, one part of
the judicial system, deals with the issue of how wrongdoers should be punished. Reparative
justice is a second branch that deals with the issue of how to right past wrongs. The third
branch, distributive justice, deals with issues of the equitable division of the advantages and
disadvantages of joining a cooperative enterprise. The third branch, distributive justice, deals
with issues of the equitable division of the advantages and disadvantages of joining a
cooperative enterprise. The essays in this collection mostly fall under this branch because it
has attracted the most attention from Western philosophers, but it should be noted that issues
of retributive and reparative justice also have gender dimensions and can be raised in global
contexts.
Detailed explanations of distributive justice are presented as solutions to several structural
concerns. Briefly stated, they are: where, when, who, what, and how.
1. "Where?" refers to the area or sector of life where the moral requirements of justice must
be upheld.
2. "When?" inquires as to what social contexts the demands of justice are applicable.
3. "Who?" refers to the question of what or who has the right to assert claims of justice
deserving of moral treatment. It asks which things should be regarded as subjects of justice.
4. "What?" refers to the items that should be seen as objects of justice, i.e., the types or
categories of goods that should be distributed fairly.
5. "How?" asks which morally sound principles should be used as a guide when allocating
various things to various subjects under various circumstances.
Any persuasive response to these inquiries needs to be supported by logic. In other terms, it
necessitates answering the following query: "Why?" Philosophical theories of justice, like all
theories, not only provide answers to the fundamental concerns of justice, but they also justify
their chosen solutions.

3.2- WESTERN FEMINISM

The second wave of the Western women's liberation movement, which started to gain
momentum in the 1960s, gave rise to Western feminism in the 1970s. Feminist theorists, like
critical race theorists, drew on Western political philosophy's accessible resources,
particularly its long-standing commitments to liberty and equality, while also challenging
some of its fundamental presumptions about justice.

In the beginning, feminist philosophers conceptually separated gender from sex, which they
initially (and overly simplistically) saw as a biological given. They saw gender as a complex
system of social norms that assigned individuals to masculine and feminine gender identities.
Feminist thinkers identified overt and covert types of institutional gender injustice using the
notion that persons are situated differently based on their gender. Covert gender bias existed
in many ostensibly gender-neutral institutions of daily life, such as a typical working day
designed on the premise that workers have no caregiving responsibilities, in addition to
overtly discriminatory policies, such as those that explicitly bar women from certain
occupations (MacKinnon 1987). Feminist theorists claimed that various institutions had
committed this form of injustice.

Feminist philosophers went beyond calling for women's freedom and equality on the same
terms as men, just as critical race theorists had done with their call for freedom and equality
for people of color. They also questioned other long-held beliefs about justice. "The personal
is political" was a catchphrase used by second-wave Western feminism to draw attention to the
gendered power imbalances that shape many parts of everyday life. These disparities, which
were previously thought of as idiosyncratic rather than systemic, include domestic violence,
incest, and the expectation that women will be the primary caregivers. The house should not
be disregarded as a location where the demands of justice are to be applied, according to
feminist theorists; rather, it should be acknowledged as such (Okin 1989). The focus of
feminists on interpersonal injustice broadened preexisting notions of the location or scope of
justice. Additionally, it enlarged philosophical notions of the objects of justice to incorporate
traditional obligations for unpaid wages.

3.3- PHILOSOPHICAL WORK ON GLOBAL JUSTICE

Political thinkers up to the middle of the 20th century tended to believe that the international
realm could not be a place of justice because it lacked a sovereign to impose any system of
regulation and, thus, could not be a system of social cooperation. Instead, the world was seen
as a battlefield where nations needed to be always ready for a conflict of one against the other.
To put it another way, political philosophers believed that states were the only entities subject
to the moral requirements of justice. However, after World War II, the global scene
underwent a drastic transformation that cast doubt on this long-held belief in the purview of
justice.

Several events gave rise to the notion that justice's demands went beyond state boundaries. The
neo-Hobbesian Westphalian model of international relations, in use since the seventeenth
century, was superseded by the United Nations Charter, which gave this theory a concrete form.
This concept included a cosmopolitan concern for the rights of all people everywhere, which
was reflected in the historic 1948 Universal Declaration of Human Rights. The Nuremberg and
Tokyo war crimes trials, along with other later tribunals, were created to show how important
it is for fundamental rights to be upheld everywhere. The creation of international economic
institutions intended to advance economic growth and control international trade was another
manifestation of the notion that the international sphere was a domain of justice.

The World Trade Organization is the culmination of these organizations, which started with
the postwar agreements signed at Bretton Woods. The notion that the world was in some ways
a single community began to take hold in the second half of the 20th century and was
popularized in the 1960s by the term "global village." Political philosophers began to
acknowledge the international sphere as a field of justice in response to these developments,
which meant that it was a domain in which judgments of justice made sense - and some started
to speak of a "global basic structure." But who were the recipients of justice in this area, what
was to be given out, and on what precepts? Since the last part of the 20th century, philosophers
who are interested in global justice have addressed a variety of issues that earlier philosophers
had only given cursory consideration.
Though reflection on the issues of just war and human rights has a long philosophical history,
much recent work in these fields has posed significant challenges to the international state
system. The responsibility of being the guarantee of human rights strengthens the moral
authority of nations, but it also has a limit because states that fail to fulfill this duty forfeit their
moral legitimacy. The ultimate sovereignty of states has been questioned from the perspectives
of individuals whose adherence to higher values may cause them to disagree with state
mandates, from groups of citizens who may wish to form their state (the question of secession),
and from the perspectives of states concerned about disasters in other countries (the question
of humanitarian intervention).
 CHAPTER 4
4.1 THE REALITY ON THE GROUND

Even if significant progress has been made in terms of norms and policies, the reality is
considerably different when it comes to actual implementation. The necessary adjustments in
policy practice have not materialized despite the very favorable rhetoric. A substantial
disconnect between national-level activities and global policy norms was found during the
2005 ten-year evaluation of the Platform for Action's implementation. The United Nations
has failed to provide essential assistance to the Member States as a result of Member States'
failure to uphold their commitments. The beneficial effects of the work being done at the
international level are not having the desired effect on the ground.

There are a variety of factors at play in the sluggish pace of implementation, despite the strict
global regulations. There are a number of them, such as the fact that the crucial approach of
gender mainstreaming is little understood and that there have been few sincere attempts to
implement it - both inside UN institutions and Member States. Despite international promises,
there hasn't been enough political will, and top and middle management lacks leadership.
There are no defined mechanisms for holding management responsible for their pledges to
gender equality, and inadequate funding has been granted.

In addition to these institutional obstacles, the problem of attitudes also plays a significant
role in the failure to implement. The honest evaluation demonstrates that there is still a
widespread belief that gender equality and justice are "just not that important" among many
decision-makers at the UN and in Member States. Because of this, it is frequently left to
gender equality specialists, who are nearly always women, frequently at a subordinate level
with limited decision-making authority, invariably under-resourced, and lacking strong and
visible managerial backing.

The persistence of preconceptions about the roles, capacities, and contributions of men and
women is a further aspect that is increasingly acknowledged as being crucial to the lack of
understanding and dedication to the implementation of gender equality and the empowerment
of women. These myths have detrimental effects on women all around the world. In many
developing nations, the effects on women are glaring and frequently have catastrophic effects
on daily existence. The lack of visibility for women in affluent nations may have major
repercussions, such as violence against women or underrepresentation in many sectors of
decision-making.

Stereotypes lead to a lack of understanding of the value of women's empowerment and gender
equality for development. This is a problem that affects more than just nations or the UN.
Many non-governmental groups, academic institutions, professional organizations, and the
media fail to acknowledge gender disparity and injustice and fail to take concrete action to
solve it. Unsurprisingly, there can be severe problems with injustice and gender inequality
inside these groups. The organizational cultures of many companies that have neglected to
address gender equality concerns in their work also do not support gender equality and gender
justice within the companies.
 4.2:- CONSEQUENCES OF LACK OF IMPLEMENTATION

For women and girls, the results of not overtly addressing gender inequality and gender
injustices are catastrophic. Among them are severe levels of domestic and armed conflict-
related violence against women, which is dehumanizing and life-threatening; human
trafficking, a contemporary form of slavery and torture; high rates of maternal mortality; this
is unacceptable in the age of space travel; and lack of access to the necessities of life, such as
land, property, and a means of transportation. which, in the age of space flight, is intolerable;
lack of access to the necessities of life, such as land, property, and financial resources;
unequal access to education and employment; and underrepresentation in all decision-making
processes.

For instance, only 16% of legislators worldwide in 2007 were female, and there are no
accurate figures for women's participation in any other field. Women are underrepresented as
university presidents in many nations, including developed ones, at less than 10%. In
Norway, the government recently threatened to pass legislation unless there was a
considerable increase in the proportion of women on company boards. These facts
demonstrate how consistently women's and girls' human rights are violated throughout the
world. Any serious theorist or practitioner of development would have to admit that this is
exceedingly serious for the achievement of the entire development agenda, as well as the
achievement of universal human rights, peace, and security, in addition to being terrible for
specific women and their families.
 CHAPTER 5
5.1- ROLE OF INTERNATIONAL BODIES

For more than 60 years, the Commission on the Status of Women has advocated for gender
parity and women's empowerment. The Commission has updated its working procedures
since the Fourth World Conference in Beijing in 1995 to ensure that it can both carry out
efficient policy-making and support and monitor implementation at the national level. As a
global forum for the interchange and sharing of experiences, lessons learned, and best
practices, the Commission plays a crucial role. Significant development has been created.
Member States are sharing more successes as well as gaps and difficulties. and the
Commission is seen as a significant venue for learning.

Since 2006, the Commission has concentrated on formulating policy concerning one priority
theme and one emergent issue, chosen to have the greatest influence on other UN activities.
To sharpen its attention on the effects of its policy decisions at the national level, it also
analyzes the execution of policy suggestions made at prior sessions. The Commission's
efforts during the last five to six years have shown that, even if it lacks an accountability
mechanism, it can nonetheless support national-level implementation with great effectiveness
through interaction and exchange at its annual meetings.

The Commission chooses subjects for its yearly sessions, clearly transmits its conclusions to
other entities, and looks for chances to cooperate directly with other bodies to guarantee that
it may have an impact on the work of other components of the United Nations. For instance,
to influence the implementation of the Monterrey Consensus on Financing for Development
in 2008, the Commission chose the priority theme "Financing for Gender Equality and the
Empowerment of Women" for the 2008 session. For the Kyoto Protocol's follow-up, the
emergent problem "Gender perspectives on climate change" was selected. A high-level panel
discussion on "Gender equality and international migration" was convened by the
Commission in 2006, and the results were forwarded to the General Assembly's high-level
debate on international migration. Since some years ago, the Commission has improved its
relationship with the Statistics Commission, among other things by holding joint panels on
gender statistics and indicators.

An important accountability mechanism supporting gender equality and women's

empowerment at the national level is the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and its Optional Protocol. It is an essential tool
that, regrettably, governments, the UN, and NGOs frequently underutilize. States that ratify
the Convention are legally required to implement its provisions and report to the Committee
overseeing implementation regularly (every four years). The Committee prepares Concluding
Comments or recommendations on what else needs to be done to achieve full implementation
of the Convention following the productive engagement with States parties.
These suggestions are customized for each State party, and state parties are required to update
the Committee on these particular concerns when submitting their upcoming reports. The
Concluding Comments are thus a vital tool for the fight for gender equality that may be
applied more methodically and successfully in all national endeavors.
2
The importance of the gender mainstreaming strategy for rectifying the persistence of gender
inequality and injustice cannot be over-emphasized. Efforts must be made to revitalize the
implementation of the strategy. As a strategy, gender mainstreaming can only be as good as
the implementation. In the past, it has not always been used in good faith. Some governments
and organizations have done away with targeted initiatives for women and/or gender
specialists with the argument that gender mainstreaming removes the need for special efforts.
Both targeted interventions and mainstreaming initiatives are necessary as complementing
tactics for the Beijing Platform for Action. Some people contend that gender mainstreaming
fails because distributing accountability leads to no one accepting any responsibility. The
majority of the time, however, neither a meaningful duty transfer nor any sincere efforts to
adopt gender mainstreaming are made.

5.2- THE ROLE OF NGOS

Since the Commission was created in 1946, non-governmental organizations (NGOs) have
been actively involved in the UN's work on gender equality. NGOs have been essential in
drawing attention to issues on the international agenda, providing crucial information and
data, assisting with implementation on the ground, monitoring government compliance with
international commitments, and assisting governments through collaboration on crucial
topics. Compared to other functional commissions at the UN, the Commission has the highest
participation of NGOs. For instance, 1,900 NGO representatives attended the Commission's
session on the plight of the female child in 2007. There were more than 2000 NGO
representatives at the ten-year assessment in 2005. NGOs are particularly active throughout
the session, providing written and oral declarations, staging parallel activities, and pushing
for specific concerns. NGOs take part in the in-line discussion and Expert Group Meetings
on the priority theme that are held by the Division for the Advancement of Women before
the Commission sessions. To encourage conversation on the subjects the Commission will
be debating, the NGO Committee on the Status of Women and the Division also host two
joint discussions in the weeks preceding the session.

NGOs hold a consultation day for NGOs from all around the world right before the session to
help them get ready for the Commission. Daily briefings are also planned throughout the
session and offer both useful and in-depth information. There are various themes for the
caucuses. Numerous NGOs working on their own are also doing some outstanding work to be
ready for and follow up on participation in the Commission. For instance, in recent years, some
100 Anglican women from around the world have undergone a preparatory program, received
briefing and mentoring throughout the session, and then been encouraged and supported to
apply the Commission's conclusions to their regular work after the session. Similar
methodologies are starting to be used by other corporations. As a result, NGO representatives
are more equipped to participate, to argue for the changes they do, and to monitor the effects
of those changes after the Commission's work has been completed.

NGOs can help the Commission close the implementation gap by stepping up their efforts
during the Commission's yearly sessions, particularly by working to make sure the proposals
have an effect at the national level. The development and dissemination of new approaches to
the Commission's follow-up are necessary. The Commission's updated working procedures
have given NGOs a new chance to actively support the impact of the Commission's work at the
national level by focusing on the review of proposals' implementation two to three years after
their approval. To achieve change on a national level, NGOs can also employ the Optional
Protocol to the Convention and the Concluding Comments of the CEDAW Committee more
methodically and effectively. NGOs can set a good example for Member States and the United
Nations on gender mainstreaming and gender balance by working to ensure systematic
attention to gender perspectives in their work and hiring women in decision-making positions
at all levels. This will increase the authority of NGOs' voices in the context of the United
Nations.
 CHAPTER 6
6.1- GLOBAL VIEW ON GENDER JUSTICE

The term "gender justice" simply refers to sex equality. To attain gender equity, certain
prerequisites must be met. certain include social, economic, political, environmental, cultural,
and educational issues. Gender justice has become a more popular cause on a global scale.
since it has become clear that no state can advance in any meaningful way if half of its citizens
are kept back.

Human rights advocates, feminists, NGOs, and with the assistance of the government, people
have fought for equal rights, freedom, and justice. Women continue to lag, although this area
has seen significant advancement. Along with the basic problems that women have always
faced, more complicated concerns have emerged as a result of globalization. Consumerism and
cultural diversity have increased the objectification of women in society. In addition to these
problems, there are still numerous societies around the world where women's conditions are
still appalling, but they still lack control, Human rights advocates, feminists, NGOs, and the
government have all contributed to the fight for equal rights, freedom, and justice.
Women continue to lag, even though this area has seen significant advancement. Along with
the basic problems that women have always faced, more complicated concerns have emerged
as a result of globalization. More women are being objectified as a result of consumerism and
cultural diversity.

In addition to these problems, there are still many cultures around the world where the situation
of women is still appalling and they still have no power. Women continue to lag, although this
area has seen significant advancement. Along with the basic problems that women have always
faced, more complicated concerns have emerged as a result of globalization. More women are
being objectified as a result of consumerism and cultural diversity. In addition to these
problems, there are still numerous societies around the world where women's conditions are
still appalling, they still lack control.

6.2- LAWS IN INDIA

The Indian Constitution guarantees various rights for women in this regard, as shown by Part
III of the Constitution, which deals with fundamental rights, and Part IV, which deals with
Directive Principles of State Policy. Article 14 of the Constitution declares that there shall be
equal protection of the law and equality before the law, and Part III of the Constitution, which
deals with Directive Principles of State Policy, states that there shall be equal opportunity for
all persons
1
under the law. It is impossible to accomplish gender justice without the right to
equality. Discrimination is a right protected by Article 15. The right against discrimination was
created to address the widespread prejudice and bigotry towards women. Article 15.3 discusses
women's specific protections. Regardless of a person's sex, Article 16 guarantees them the right
to equal opportunity in terms of public employment. This clause encourages women to start
voting and taking part in decision-making. It is significant to note the 74th Amendment in this
context, which established a reservation for women in panchayats.

Article 19 guarantees the right to free speech and assembly, as well as the freedom to form
associations and unions, move freely throughout the Indian subcontinent, live and work
anywhere on the subcontinent, and engage in any occupation, trade, or business. Granting the
freedoms required to participate in society, promotes the right to equality.
The right to life is guaranteed by Article 21, and this interpretation has been expanded to
encompass the right to live in dignity. The right against exploitation is guaranteed by Article
23. It forbids the trafficking of people. Part IV of the Constitution is made up of the Directive
Principles of State Policy. The state is given the authority to maintain social order to further
the welfare of the populace under Article 38. To provide social, economic, and political justice,
it also asserts that the state must work to eradicate inequities.

The state is given the authority to maintain social order to advance public welfare under Article
38. To provide social,
1
economic, and political justice, it also asserts that the state must work to
eradicate inequities. According to Article 39, the state must ensure that all citizens have access
to appropriate means of subsistence, that men and women are paid equally for equal labor, and
that both men and women are treated with respect for their physical and mental well-being.
According to Article 42, the state must establish policies to guarantee maternity leave and
acceptable working conditions. A 1976 amendment to the Constitution added Part IVA, which
addresses Fundamental Duties.

Refusing to engage in behavior that is demeaning to women's dignity is particularly covered

by Article 51A (e). In addition to the clauses in the constitution, several laws that addressed
certain situations have also been passed. The practice of receiving and dispensing dowries was
addressed by the Dowry Prohibition Act, which was passed in 1961. One of India's long-
standing traditions is dowry, which causes significant issues for women both in rural and urban
regions. Dowry fatalities are also very prevalent. The Indian Penal Code's Section 304B
addresses the crime of Dowry Death, which carries a sentence of either life in jail or a minimum
of seven years in prison. Despite the legislation, in practice dowry as a custom continues to
thrive. The problem of domestic violence has been a long-standing issue for women. Section
498 A deals with the crime of cruelty by the husband or the relatives of the husband.

6.3-LAWS IN EUROPE AND AMERICA

The Gender Development Index rankings make it abundantly evident that gender inequality in
the UK and the US is now less severe than the gender dynamics that exist in developing nations.
There may not be as many horrific gender-based human rights violations as in Southeast Asia,
the Middle East, or Africa, but there are still disparities between men and women in some other
areas. One of which is especially true in situations involving employment and work. It is
abundantly clear from the Gender Development Index rankings that gender disparity in
developed countries is currently less severe than it was in the UK and the US. Even while there
may not be as many egregious gender-based human rights violations as in Southeast Asia, the
Middle East, or Africa, there are still discrepancies between men and women in a variety of
other fields. One of them is especially important when there is a job and work involved.

In 1976, the European Economic Community, now known as the European Union, issued the
Equal Treatment Directive (ETD). It requires all member countries to ensure gender balance
in job opportunities, professional growth, and working conditions. Another directive, dealing
with the fulfillment of the concept of equal treatment of men and women in the delivery of
goods and services, was issued in 2004. Another directive on equal opportunity and treatment
of men and women in terms of work and occupation was released in 2006. This directive tries
to merge and abolish various existing directives to make the law more transparent. These
principles are intended to address both direct and indirect sex discrimination, including sexual
harassment and other forms of harassment.

Gender justice legislation in the United Kingdom was greatly affected by those in the European
Union. Gender equality rules can be found in the Sex Discrimination Act of 1975 and the Equal
Pay Act of 1970, both as revised. The Sex Discrimination Act controls all cases of sex
discrimination that are not covered by the Equal Salary Act. Direct, indirect, harassing, and
victimization are the four types of discrimination that are covered by the Sex Discrimination
Act. The Sex Discrimination Act further broadens the definition of "employment," including
service contracts, apprenticeships, and personal contracts for the performance of any work or
labor, as well as similar terms. A clause of the Equality Act of 2006 establishes a public duty
to advance gender equality. This law also applies to same-sex relationships. The Forced
Marriage (civil protection) Act, of 2007, was recently passed to protect those who have been
forced into marriages and to stop future forced weddings. It makes it possible for individuals
to obtain injunctions and for third parties to petition for injunctions on their behalf.

The United States Constitution's nineteenth amendment, which granted women the same voting
rights as men in 1920, was the first to explicitly recognize the rights of women. Discrimination
against women in the workplace accounts for a sizable share of gender inequality in the USA.
The economic situation of women was one of the top concerns for women. Discrimination
based on sex is prohibited by Title VII of the Civil Rights Act of 1964. It forbids sex-based
discrimination on the part of employers. Additionally, it forbids discrimination against a person
because of his or her relationships with other people of a certain sex. Employment rights are
equal for men and women. Equal pay for women is guaranteed by the Equal Pay Act of 1963.
 CONCLUSION AND SUGGESTIONS

It is astonishing that there is not more outrage and calls for immediate action given the gap
between policy commitments on gender equality and gender justice over the past 60 years and
actual implementation on the ground. This is especially true when the devastating effects of
the ongoing gender inequalities and injustices, on both individual women and society as a
whole, are taken into consideration. Recognizing and addressing the fact that gender inequality
and injustice will prevent the development agenda's objectives from being met is essential for
progress.

Moving away from seeing gender inequality and injustice as a sort of "second-class" inequality
and injustice that must "take a backseat" to other "more important" forms of inequality and
injustice is necessary for the systematic and effective accomplishment of gender equality and
gender justice. Women were frequently told during several processes, such as liberation
struggles and the fight against racial discrimination and injustice, that it was necessary to
postpone achieving gender equality until wider freedoms were attained. The link between
gender inequality and injustice and other types of inequality and injustice has to be better
understood. Fighting certain injustices and inequalities is impossible without also paying
attention to others. We must act now to achieve gender justice and equality. All other
inequalities and injustices have gender inequality and injustice as one of their root causes as
well as one of their effects. Understanding how various injustices and inequalities are
interconnected is essential for effective work on gender equality and gender justice. Likewise,
addressing gender inequities and injustice explicitly is necessary for effective efforts to lessen
other inequalities and injustices, such as poverty. Recognizing these connections and
addressing them logically is essential.

In a nation like India, achieving complete gender justice is often difficult. There is a great deal
of rigidity in traditions and beliefs, and there is a great range of civilizations and subcultures.
The subversive condition of women in our society is brought on by a lack of education, a lack
of development, poverty, inappropriate application of the law, a lack of awareness among
women, deeply ingrained patriarchy, and women's economic dependency. In comparison to
India, gender hierarchies are more balanced in Europe and the United States.
Simply said, their workplaces and employment are the main focal points of the majority of
their sex equality laws. Additionally, unlike any other laws in India, their sex equality laws
expressly embrace transgender people as well as gay and lesbian groups. Any nation's progress
and general well-being depend heavily on gender development in all areas of society. Many
NGOs, governmental organizations, UN agencies, and individuals have been advocating for
gender equality and speaking out against prejudice. Although there has been progress toward
achieving gender justice, much work remains.

SUGGESTIONS-
1. Reforms to legislation and policy: promote the adoption and application of gender-sensitive
laws and regulations on a national level. This includes regulations against sexual assault,
employment prejudice, and unequal compensation.
Make sure that policies take into account the particular requirements of vulnerable and
disadvantaged groups, such as LGBTQ+ people and women with disabilities.

2. entrepreneurial training, credit access, and other economic empowerment initiatives.

Eliminate the gender pay gap and advance equal compensation for equal labor through
governmental initiatives and workplace regulations.
3. Economic Empowerment: Put into place rules and initiatives that guarantee equal
compensation for equal effort and close the gender wage gap.
Ensure that women have access to loans, training, and business development possibilities to
encourage their entrepreneurialism and economic engagement.

4. Political Representation: Promote and assist women's political involvement at all levels of
government, particularly by implementing affirmative action policies and gender quotas.
Create inclusive and secure political environments so that women can participate in politics
without worrying about harassment or violence.

5. Ensure that everyone has access to high-quality healthcare services, especially those related
to sexual and reproductive health. Access to family planning, contraception, and safe abortion
services for women should be safeguarded and increased.

6. Develop and put into action comprehensive measures to stop and deal with gender-based
violence, such as sexual harassment and violence against intimate partners. Create legal and
psychological services as well as other support networks for survivors.

7. Promoting gender equality in the media and popular culture is a key component of media
and cultural change.
Encourage media companies to follow moral principles that forbid objectification and gender
stereotypes.

8. Global relationships: To solve challenges of gender inequality around the world, and
strengthen international relationships and cooperation.
In international organizations and forums, support projects that focus on gender.

9. Environmental Justice and Climate Action: Identify and address the varying effects of
climate change on women and communities of color.
Encourage the participation of women in sustainable development and environmental decision-
making.
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1.2.REVIEW OF LITERATURE1.3.RESEARCH OBJECTIVES1.4.RESEARCH

Manukau Institute of Technology on 2004-09-16

TABLE OF CONTENTS
Durban University of Technology on 2023-09-28

RESEARCH QUESTION
thesis.eur.nl

To achieve genderjustice
Ambedkar University Delhi on 2023-02-11

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gender equality, and women's rights

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such as the Beijing Declaration and the Convention on the Elimination of AllForms ...
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gender equality
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distributive justice, deals with issues of

Sheffield Hallam University on 2014-05-03

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