Tag: #genderjustice

S.no	Contents
1.	Introduction
2.	The deep-rooted gender stereotypes and their legal consequences
3.	Landmark Cases
4.	Legal and Media Reactions to Gender Stereotyping.
5.	Legal Interventions
6.	Workplace Gender Bias: Legal Options and the Situation Today
7.	Conclusion

Introduction: Examining Gender Stereotypes in Indian Society

Deeply embedded in all communities, gender stereotypes frequently uphold social norms that specify anticipated behaviours, roles, and characteristics depending on a person’s perceived gender. In India, a nation rich in variety and cultural tradition, gender stereotypes have long affected the lives and opportunities of millions of individuals. This article examines the negative effects gender stereotypes have on Indian society as well as the initiatives taken to combat them.

The historical records and cultural perspectives have perpetuated gender stereotypes for a long time. As a result, they promote unequal power dynamics and prejudiced attitudes. These prejudices frequently limit the potential of people and uphold gender norms that favour one gender over the other. Such practices not only contravene the equality values stated in the Indian Constitution, but they also inhibit the development of a society that is inclusive.

This article emphasises the importance of the legal system in changing cultural beliefs by highlighting important court decisions that have contested pervasive gender stereotypes¹. It also looks at the legal measures put in place to control such representations as well as how media portrayals continue to reinforce these stereotypes². The article also addresses initiatives in workplaces where gender discrimination still exists as well as in educational institutions, where the foundations of these biases frequently take hold³.

Dismantling deeply embedded gender stereotypes calls for a multifaceted strategy as we navigate the complex web of legal frameworks, societal dynamics, and cultural perspectives. This article seeks to add to the ongoing discussion about changing the legal system to promote a more equal and impartial society for all people, regardless of gender, by examining legal changes, significant cases, and current difficulties.

The deep-rooted gender stereotypes and their legal consequences

Deep-seated gender stereotypes still have a significant impact on legal issues and inequalities in society, casting a wide shadow over social institutions. These stereotypes frequently take the form of presumptions about traditional gender roles and talents, which has an impact on people’s access to opportunities, care, and resources. Therefore, these skewed viewpoints go against the equality values stated in the Indian Constitution and impede the development of a just and inclusive society.

The historic case National Legal Services Authority v. Union of India (2014)⁴ emphasised the need for laws to recognise and defend the rights of transgender people while also highlighting how difficult it is to combat gender stereotypes in the context of the law. Additionally, the 2013 passage of the Gender Sensitization and Sexual Harassment of Women in the Workplace Act⁵ emphasised the legal commitment to fostering impartial and safe workplaces. Legal changes that reframe societal standards are necessary to combat these preconceptions, creating an environment where the law can be a powerful weapon for eliminating ingrained gender biases.

Legal Conflicts Against Gender Stereotyping: Landmark Cases.

In the continuous battle against deeply embedded gender stereotypes in Indian society, landmark judicial decisions have become significant battlegrounds. These instances not only show the discriminatory effects of such preconceptions but also demonstrate how the judicial system has the ability to question and change social norms.

National Legal Services Authority v. Union of India (2014)⁶ is a landmark case that recognised the rights of transgender people and the need to combat stereotyping. A landmark framework to combat workplace sexual harassment was established by the Supreme Court’s involvement in Vishakha v. State of Rajasthan (1997)⁷, which recognised the need for safe and impartial workplaces free from gender-based discrimination. These examples show how the judiciary has actively interfered to combat the persistence of gender biases, defying conventional wisdom.

Society confronts the damaging effects of gender stereotypes by delving into these incidents. These court cases raise people’s awareness and promote discussions that advance society. They show that eradicating long-held preconceptions necessitates both society’s joint efforts and the judicial system’s authoritative position.

Legal and Media Reactions to Gender Stereotyping. 

The media has a significant impact on how society perceives things, but it also frequently reinforces negative gender stereotypes that impede the advancement of gender equality. This influence has a double-edged effect, reflecting and strengthening existing prejudices. To buck this trend, however, legal responses are starting to emerge.

The National Legal Services Authority v. Union of India (2014)⁸ case brought attention to the media’s influence on public opinion and the need for regulation to stop the spread of damaging stereotypes. In order to meet the need to confront gender biases rather than perpetuate them, the legislative framework places a strong emphasis on the need for responsible media portrayal. By controlling media content, society makes progress towards eradicating entrenched stereotypes and promoting gender equality.

These legal actions serve as a reminder of the media’s significant influence on society’s views as well as its capacity to accentuate good change. Not only must media representations be changed, but legal measures that will assure their implementation must also be acknowledged in order to effectively combat gender stereotypes.

Legal Interventions: How Educational Institutions Can Drive Change

While educational institutions are important for breaking down gender stereotypes, they can also unintentionally reinforce prejudice. Legal actions are crucial in converting these settings into places that support inclusion and gender equality. Legal actions to combat gender stereotypes and promote diversity have been taken against educational institutions, which play a significant role in forming cultural attitudes. Anuj Garg v. Hotel Association of India⁹ is one of these important cases in which the Supreme Court emphasised that educational institutions must uphold gender equality and ensure a setting free from prejudice and stereotypes. This case supports the requirement for institutions to stop discriminatory behaviour.

The Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013, also broadens its application to educational institutions and requires a proactive strategy to combat gender-based discrimination. The value of education in influencing society’s perceptions and achieving equality is reaffirmed by these legal actions.

Workplace Gender Bias: Legal Options and the Situation Today

Strong legal remedies that change with the times are needed to address workplace gender bias. By focusing on equal compensation for equal work, a significant case—Air India v. Nergesh Meerza, (1981)¹⁰—expressed the judiciary’s position against gender discrimination. The precedent set by this decision served as the foundation for later legal systems.

A key piece of legislation that demands harassment-free workplaces and provides remedies for preventing it is the Gender Sensitization and Sexual Harassment of Women in the Workplace Act, 2013, which was passed in 2013. In terms of recognising and eradicating gender stereotypes in the workplace, this 2013 law is a positive step.

M.C. Mehta v. Union of India, (2004)¹¹, another significant case, demonstrates the judiciary’s dedication to eradicating gender-based discrimination. Even though it wasn’t specifically about the workplace, this decision demonstrated the Supreme Court’s commitment to environmental justice and gender equality, showing how the two legal fields interact and affect gender bias.

Despite these legislative developments, the labour environment today is nevertheless complicated. There are still gender pay gaps, a shortage of women in senior positions, and covert biases. Legal remedies have set the stage, but ongoing efforts from groups, people, and governments are necessary to create a truly equal working environment.

Conclusion: Using the law to eliminate gender stereotypes.

In conclusion, India’s legal system has greatly changed to address the deeply ingrained gender stereotypes that support inequality and prejudice. Through significant decisions like National Legal Services Authority v. Union of India (2014) and Vishakha v. State of Rajasthan (1997), the judiciary has emphasised its responsibility to combat these prejudices and promote a more equal society.

The legislative instruments created to redefine educational institutions as hubs of inclusivity and gender sensitivity are best illustrated by legislation like the Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013, and the Anuj Garg v. Hotel Association of India (2008) case. The Sexual Harassment of Women at Workplace Act, 2013, and the Air India v. Nergesh Meerza (1981) case further highlights the struggle against workplace discrimination.

These legal avenues, linked to developing societal knowledge, highlight how crucial it is to destroy gender stereotypes. A more just and inclusive future is made possible by the Indian judicial system’s dedication to maintaining constitutional ideals and advancing equality.

As we proceed on this road, it becomes increasingly obvious how important it is for institutions, society, and legal systems to work together continuously. India is moving closer to a future in which gender stereotypes are a thing of the past by persistently questioning conventions and pushing for change.

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Endnotes:

1. National Legal Services Authority v. Union of India, (2014) 5 SCC 438.
2. Vishakha v. State of Rajasthan, (1997) 6 SCC 241.
3. Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013.
4. Ibid
5. Gender Sensitization and Sexual Harassment of Women at the Workplace Act, 2013.
6. Ibid
7. Vishakha v. State of Rajasthan, (1997) 6 SCC 241.
8. Ibid
9. Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1.
10. Air India v. Nergesh Meerza, (1981) 4 SCC 335.
11. M.C. Mehta v. Union of India, (2004) 12 SCC 118.

This article is authored by Srishti Singh, a pass-out student at O P Jindal Global University, Sonipat

Divorce, further referred to here as dissolution of marriage is the process of ending a marriage. The reasons for divorce can vary from irreconcilable differences to infidelity, and the process typically involves legal proceedings to divide assets and determine custody arrangements for any children involved. It pertains to the revocation or restructuring of the constitutionally protected duties and responsibilities of marriage, thereby dissolving this same relationship of matrimony between a married couple under the laws of the specific country or state. Gender justice refers to eliminating the disparities between men and women that are reproduced and produced in the family, market, community, and state.

To address the injustice and discrimination against women and the poor, we must address all of these issues. Gender justice plays a crucial role in divorce proceedings to ensure that both parties are treated fairly and equitably, especially in cases where women and children are often at a disadvantage. It is important to recognise the intersectionality of gender, class, and race in divorce cases to promote a more just and inclusive legal system. Therefore, it is important to consider gender justice when dealing with divorce cases, as women and children are often disproportionately affected by the legal and financial consequences of divorce. Efforts to promote gender equality and address systemic inequalities can help mitigate these negative impacts.

Gender justice is a global movement to achieve equal rights, freedom, and justice, but women still face discrimination, violence, poverty, and limited access to education and healthcare. It is important to continue the fight for gender justice and promote women’s rights worldwide. Achieving gender justice requires a comprehensive approach that involves changing social norms, policies, and institutions to ensure that women and men have equal opportunities and resources. This can be achieved through initiatives such as education and awareness campaigns, legal reforms, and the empowerment of women in leadership positions. By working towards gender justice, we can create a more equitable and just society for all. This requires the active participation of individuals, communities, governments, and international organisations.

Divorce under Muslim law 

Well before the Solubilization of the Muslim Marriage Act of 1939, Muslim women had almost no legitimate right to ask their spouses for separation. This highlights the need for continued efforts towards gender justice, particularly in the context of religious and cultural practices that may perpetuate inequality. Such efforts must be inclusive and involve a range of stakeholders to ensure lasting change. This highlights the need for reform in traditional religious laws and practices that discriminate against women and perpetuate gender inequality. It is crucial to promote legal and social frameworks that protect women’s rights and empower them to make independent decisions about their lives. The Solubilization of the Muslim Marriage Act of 1939 was a significant step towards granting Muslim women the right to seek divorce. However, there is still a long way to go in terms of ensuring gender equality and justice within the Muslim community. Efforts must be made to challenge patriarchal norms and promote education and awareness among both men and women. This will help to create a more inclusive and equitable society where women can fully participate and thrive. In addition, there is a need to address the issue of triple talaq, which allows Muslim men to divorce their wives by simply saying “talaq” three times. Triple talaq is a discriminatory practise that violates women’s rights and leaves them vulnerable to abandonment and destitution. It is crucial for Muslim leaders and policymakers to work towards abolishing this practise and implementing laws that protect women’s rights in marriage and divorce. This practise is not only discriminatory but also violates the fundamental rights of women. Reforms must be made to ensure that Muslim women have equal rights and protection under the law.

The Dissolution of Muslim Marriage Act of 1939 developed nine grounds on which a Muslim woman could seek redress in court, namely:

1. that the husband’s whereabouts were uncertain for a duration of four years;
2. that the husband neglected or did not provide her monitoring for a duration of two years;
3. that the husband must have been incarcerated for a period of seven years or more; but rather
4. that the husband failed to act, without justifiable suspicion.
5. the husband has been mentally ill for two years, or
6. that she, having been given in marriage by her father or other guardians before the age of fifteen, repudiated the marriage before the age of eighteen.

The Act also gave Muslim women the right to divorce their husbands on certain grounds, such as cruelty, impotence, and adultery. However, the Act has been criticised for not going far enough to protect Muslim women’s rights in divorce cases.

 Gender injustice against women

Muslim personal law is seen as having even more gender inequality. As a result, Muslims deserve extraordinary justice. They are not left in charge of deciding how “justice,” “fairness,” and “equity” are attained. In a number of situations, God decrees what is “just” for human society, and humans are compelled to follow these decrees or stipulations from the divine.

This tactic is based on the idea that divine law is superior to laws made by humans and that upholding it will result in a society that is fair and just. This strategic approach, albeit having its detractors, every so often results in the oppression of minority populations within Muslim communities. God commanded humans to uphold justice and fairness on earth and made it a virtue that would ensure their happiness and peace in both this life and the next.

The path of injustice leads to the promised damnation. Justice is required in all aspects of life, including business transactions, politics, domestic relationships, legal administration, and intellectual and educational pursuits. It argues that it is evident that Islam places a high value on justice in all aspects of life. With the promise of reward for those who do and punishment for those who do not, Muslims are encouraged to strive for justice and fairness in their interpersonal and societal interactions.

This emphasis on justice stems from the conviction that all individuals have equal worth in God’s eyes, and it is each person’s duty to uphold this equality. Striving for justice is thus not only a moral obligation but also a means of achieving spiritual fulfilment and closeness to God.

The tense relations between Hindus and Muslims today have their roots in the Shah Bano episode. The Supreme Court’s decision awarding Shah Bano pitiful monthly alimony was overturned by the Rajiv Gandhi administration through an ordinance. 

Intentionally, this was done to protect Muslims’ ability to practise their religion freely. In reality, it amounted to violating the rights of women, who make up half of the Muslim population. It was obvious that the move was made to placate the vocal groups and clerics. This gave the BJP’s accusation of Muslim appeasement momentum and gave the long-dormant Hindutva movement new life. Many Native Americans started to believe the accusation of appeasement. It helped the BJP go from having two MPs in Parliament to having an absolute majority in 2014. The BJP’s strategy of portraying themselves as the protectors of Hindu interests and accusing their opponents of Muslim appeasement proved to be a successful political tactic, as it resonated with a significant portion of the Indian electorate. This allowed them to consolidate their power and implement their agenda, including controversial policies such as the Citizenship Amendment Act. The Citizenship Amendment Act has been criticised for being discriminatory against Muslims and has sparked protests across the country. However, the BJP remains popular among many Hindu nationalists, who see the party as a defender of their interests and values.

Only speaking out when they believed there was a “danger to Islam,” the Muslim leadership has historically been exclusively male and overtly religious. Islam khatre mein is a well-known rant from my generation. In their eyes, women who educate themselves, secure employment, and demand equal treatment pose a clear threat to their authority and status. For them, the equality of women leads to Islam, khatre mein he. They keep saying that Islam granted women’s rights 1400 years ago, but they never give the idea of making those rights a reality. They could not be credited with respect for people of other faiths or tolerance for Muslims who hold dissimilar beliefs. This mindset is not only harmful to women but also to the progress of society as a whole. It is important to challenge these beliefs and promote gender equality for a better future.

In India, a number of laws have been passed with the goal of reducing the gender pay gap and promoting women’s empowerment. Various rights for women in this regard are guaranteed by the Indian constitution. Part III of the Constitution, which deals with fundamental rights, and Part IV, which deals with directives and guiding principles of state policy, provide evidence of this. According to Article 14, everyone shall enjoy equal protection under the law and be treated equally in court. This means that no distinction between men and women should be made by courts or law enforcement organizations. The foundation upon which other laws are created and may be put into effect is the right to equality.

The goal of gender justice cannot be accomplished without the right to equality. The prohibition against discrimination is guaranteed by Article 15. The right to equality and, by extension, the right against discrimination are meant to address the widespread prejudice and bias against women. The special protection for women is discussed in Article 15(3). No matter a person’s sex, they have the right to equal opportunity in terms of public employment under Article 16.

This clause makes it easier for women to start taking part in elections and decision-making. The 74th Amendment, which established a reservation for women in panchayats, is significant to note in this context.

Article 19 guarantees freedom of speech and expression, the right to peacefully assemble without weapons, the right to form associations and unions, the right to move freely throughout the Indian subcontinent, the right to live and settle anywhere on the subcontinent, and the right to engage in any occupation or business. By granting the freedoms required to function in society, promotes the right to equality. Article 19 guarantees freedom of speech and expression, the right to peacefully assemble without weapons, the right to form associations and unions, the right to move freely throughout the Indian subcontinent, the right to live and establish oneself in any location, and the right to engage in any occupation or business. By granting the essential liberties 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 include the right to live with dignity. The right against exploitation is protected by Article 23. It forbids the trafficking of people. Part IV of the Constitution is made up of the State Policy Directive Principles.

Lacking a comprehensive democratic vision that would enable Muslims to meaningfully participate in our secular multifaith polity, the All-India Muslim Personal Law Board (AIMPLB) and the Babri Masjid Action Committee failed to achieve their goals. Both bodies kept their discussions to questions of identity. The majority of these organisations’ leaders pretended to be “Muslim leaders,” speaking for the religion’s 12 crore or more adherents. The majority of them developed close ties with various political parties and benefited from their patronage. These connections were never more than personal, and worse, they never resulted in any collective benefits like promoting education or preventing riots for the whole community. Muslims’ poor economic and educational status serves as evidence of this.

The last 15 years have seen a historic shift in the way that women have publicly spoken out against patriarchal practices like instant triple talaq, polygamy, and halala. When everyday women joined the democratic fight against instant triple talaq and for justice within marriage and the family, it would hardly be an exaggeration to say that the religious male leadership was rendered irrelevant. Additionally, women spearheaded the fight for social justice, communal harmony, and the repeal of unjust laws like the CAA-NRC. This shows that despite their disadvantaged economic and educational status, Muslim women have been able to mobilise and lead important social and political movements in their communities. Their activism challenges stereotypes about Muslim women and highlights the potential for empowerment even in the face of systemic oppression. 

Conclusion

Divorce is the process of ending a marriage. It involves legal proceedings to divide assets and determine custody arrangements for any children involved. Gender justice plays a crucial role in divorce proceedings to ensure that both parties are treated fairly and equitably, especially in cases where women and children are often at a disadvantage. It is important to recognise the intersectionality of gender, class, and race in divorce cases to promote a more just and inclusive legal system. Gender justice is a global movement to achieve equal rights, freedom, and justice, but women still face discrimination, violence, poverty, and limited access to education and healthcare. To address the injustice and discrimination against women and the poor, we must address all of these issues. Divorce under Muslim law highlights the need for reform in traditional religious laws and practices that discriminate against women and perpetuate gender inequality. The Dissolution of Muslim Marriage Act of 1939 gave Muslim women the right to divorce their husbands on certain grounds, such as cruelty, impotence, and adultery. However, the Act has been criticised for not going far enough to protect Muslim women’s rights in divorce cases. Muslim personal law is seen as having even more gender inequality, and Muslims deserve extraordinary justice. Islam places a high value on justice in all aspects of life and encourages Muslims to strive for justice and fairness in their interpersonal and societal interactions. God commanded humans to uphold justice and fairness on earth and made it a virtue that would ensure their happiness and peace in both this life and the next.

The path of injustice leads to the promised damnation. The emphasis on justice stems from the conviction that all individuals have equal worth in God’s eyes, and it is each person’s duty to uphold this equality. The tense relations between Hindus and Muslims today have their roots in the Shah Bano episode, where the Supreme Court’s decision awarding Shah Bano pitiful monthly alimony was overturned by the Rajiv Gandhi administration. This gave the BJP’s accusation of Muslim appeasement momentum and gave the long-dormant Hindutva movement new life. It helped the BJP go from having two MPs in Parliament to having an absolute majority in 2014, as it resonated with a significant portion of the Indian electorate. The Muslim leadership has historically been exclusively male and overtly religious, leading to the view that women who educate themselves, secure employment, and demand equal treatment pose a threat to their authority and status. This mindset is harmful to women and society as a whole, and it is important to challenge these beliefs and promote equality. Muslim personal law is based on the idea that divine law is superior to laws made by humans and that upholding it will result in a fair and just society. The BJP’s strategy of portraying themselves as the protectors of Hindu interests and accusing their opponents of Muslim appeasement was a successful political tactic, allowing them to consolidate their power and implement controversial policies such as the Citizenship Amendment Act.

The Solubilization of the Muslim Marriage Act of 1939 was a significant step towards granting Muslim women the right to seek a divorce, but there is still a long way to go in ensuring gender equality and justice. Reform in traditional religious laws and practises are needed to protect women’s rights and empower them to make independent decisions. Additionally, there is a need to address the issue of triple talaq, which allows Muslim men to divorce their wives by saying “talaq” three times. Triple talaq is a discriminatory practise that violates women’s rights and leaves them vulnerable to abandonment and destitution. Reforms must be made to ensure Muslim women have equal rights and protection under the law, such as the Dissolution of Muslim Marriage Act of 1939. However, the Act has been criticised for not going far enough to protect Muslim women’s rights in divorce cases.

This article is written by Aehra Tayyaba Hussain, a student in her1st year at Symbiosis Law School Hyderabad, pursuing a B.A. LLB.