The terms ‘biological’, ‘chromosomes’, ‘hormones’, and ‘physiological’ point to the internal human body, while the terms ‘sociological’, ‘culture’, ‘psychological’, and ‘society’ are related to the external aspects. We are clearly able to identify the differences in these terms. The terms which describe the aspects of human body come to mean as sex, while the rest of the terms describe gender. While sex refers to the biological and physiological aspects, gender refers to the sociological and cultural aspects. At birth, the difference between boys and girls is their sex; as they grow up society gives them different roles, attributes, opportunities, privileges and rights that in the end create the social differences between men and women. Thus, gender is Socially constructed set of roles and responsibilities associated with being girl and boy or women and men, and in some cultures a third or other gender. Gender roles vary greatly in different societies, cultures and historical periods as well as they depend also on socio-economic factors, age, education, ethnicity and religion. Although deeply rooted, gender roles can be changed over time, since social values and norms are not static. In this article, we shall discuss gender inequality in India.

Thus, the social and cultural definitions of men and women are called gender. For example, it is society that makes rules that a girl will stay in the house, while a boy can go out or that a girl be given less food to eat and less time to play than a boy. A boy should be sent to a better school, so that when he grows up, he can look after the family business or get a good job, while not much attention is paid to a girl’s education. Due to these social definitions, the differences between girls and boys creates two different worlds.

India is culturally a rich country. Its culture and tradition centre on practices related mostly to regions and religions. India being a largely patriarchal society, gives more privileges to boys than girls. We can observe that the inequality between men and women is expanding to other walks of life such as social, political, economic, and educational. It is observed that India has some of the highest levels of sex discrimination at birth. The 2011 census records 918 girls for 1000 boys. This implies that women suffer inequality from birth, which continues in every stage of their life. Hence, there is a need to understand the intensity of gender discrimination and its consequences on human welfare and the progress of the country at large.

Gender Equality:

The state or condition that affords women and men equal enjoyment of human rights, socially valued goods, opportunities and resources, allowing both sexes the same opportunities and potential to contribute to, and benefit from, all spheres of society (economic, political, social, and cultural).

For Example: A family has limited funds, and both daughter and son need new pair of shoes for the new school year, but only one can get new shoes this year. If the family decides (and who in the family decides?) which child will get the new shoes based on the child’s NEED, and not on the child’s sex, this is an example of gender equality.

Gender Equity:

Justice and fairness in the treatment of women and men in order to eventually achieve gender equality, often requesting differential treatment of women and men (or specific measures) in order to compensate for the historical and social disadvantages that prevent women and men from sharing a level playing field.

For Example: Provision of leadership training for women or establishing quotas for women in decision-making positions in order to achieve the state of gender equality.

Gender Discrimination or Gender Inequality:

Gender discrimination is discrimination based on the gender of the person. Usually, women are treated differently and unequal than men in their education, career, economic advancement, and political influence. It is a common type of discrimination that happens throughout the world, even in developed countries. Women are not only considered to be physically weak, but are also considered to be weak in many aspects compared to men. These are reflected in society’s treatment of the two genders. In a broader sense, we can define gender discrimination or gender inequality as, ‘‘any action that specifically denies opportunities, privileges, or rewards to a person (or a group) because of gender”.

Areas of Gender Discrimination:

Denial of Birth or Natality Inequality:

In this type of inequality, a male child is preferred over a female child. In India, parents want their new-born to be a boy rather than a girl due to whom women suffer sex-selective abortion which is highly punishable under the law. Thus, the discrimination against girls actually starts in the womb.

Denial of Fundamental Needs or Basic Facility Inequality:

The low status of a girl child is reflected in the denial of fundamental needs and rights and in such harmful attitudes and practices as preference for sons, early marriage, female genital mutilation, domestic abuse, incest, sexual exploitation, discrimination, less food, and less access to education.

Discrimination in Education or Special Opportunity Inequality:

In most countries women have lower literacy rate, lower level of enrolment in primary, secondary and tertiary education. Girls are denied education owing to the family’s economic condition. In many cases, even well to do families deny education to girls because they consider a girl to be a temporary member of the family, who will leave the house after marriage. Hence, it is a waste of money investing in her education. Thus, girl child is kept away from future special opportunities due to education.

Discrimination in Employment or Employment Inequality:

Women in India are primarily responsible for childcare and household. A majority of women are found in the vast rural and urban unorganised sector. Employment in unorganized sector is characterised by low pay and long hours of work. This is all due to varied nature of occupation in this sector, inadequate legislation, and ineffective enforcement of legal safeguards to protect these workers, particularly in regulating their work conditions. If employed, women aren’t able to circulate up into higher paid positions quick in comparison to men.

Discrimination in Obtaining Skill:

Due to various prevailing social conditions, women lack the opportunity to acquire skills and training, which could facilitate occupational shifts. Since women have to bear the major burden of domestic chores, which in poor household is time-consuming and labour intensive, they do not have the time and opportunity to acquire skills and training for better jobs.

Wage Discrimination:

There is wage disparity between male and female workers in many of the employment starting from daily wage workers at construction sites or agriculture related jobs to actors in the film industry. Male workers enjoy higher pay in comparison to their female counterparts. Thus, women are receiving lower wages for similar work, are more likely to be in low-paid jobs and unsecured work (part-time, temporary, home-based) and are likely to have less access than men to productive assets such as education, skills, property and credit.

Discrimination at Home or Household Inequality: 

Women even face inequality at the household level though it is not visible directly it gets reflected from time to time like a preference for a son, stopping women from going out for work or higher education.

Discrimination in Holding of Property or Ownership Inequality: 

Ownership inequality is reflected in the fact that women didn’t get property rights in the ancient past. The absence of property claims reduces women’s voices and also makes it more difficult for them to thrive in economic, and commercial activities. Although, girls have equal rights under the law to personal belongings and obtain same inheritance rights, but in exercise, ladies are at a disadvantage. The Hindu Succession Act of 2005 offers identical inheritance rights to ancestral and at the same time owned property, the law is weakly enforced.

Poor Health or Mortality Inequality: 

Mortality means a number of deaths. In India, more women died than men which results in a higher population of males. This is due to inadequate nutrition, and poor healthcare women receive.

Political Inequality:

Women are often underrepresented in formal decision-making structures, including governments, community councils, and policy-making institutions.

Sexual and Domestic Violence:

Women tend to be more often victims in a form a domestic violence by woman’s intimate partner, sexual exploitation through trafficking and sex trade, in wars by an enemy army as a weapon of attempted ‘ethnic cleansing’ etc.

Causes of Gender Inequality:

Patriarchal Setup: The patriarchal setup in Indian society contributed to the fundamental inequality between men and women. As women were considered a part of the household belonging to their father or husband, they were unable to get a say in any matters concerning their own development or that of the community at large.

Poverty: Women’s poverty in India is directly related to the absence of economic opportunities and autonomy, lack of access to economic resources including credit, land ownership, and inheritance, lack of access to education and support services, and their minimal participation in the decision-making process. Thus, poverty is the root of gender discrimination in our patriarchal society, and economic dependence on the male counterpart is itself a cause of gender disparity

Illiteracy: Illiteracy is one of the factors responsible for gender inequality. According to 2011 census of India., the literacy level in India is 74.04% in which the male literacy level is 82.14% and female literacy level is only 65.46%. Educational backwardness of the girls has been the resultant cause of gender discrimination. Women are not able to realise their full identity and power in all spheres of life due to illiteracy. Only literacy is not sufficient, there should be knowledge of rights of women.

Lack of Employment Facilities:

Women are not able to respond to new opportunities and to shift to new occupations because their mobility tends to be low due to intra-household allocation of responsibilities. The rights and obligations within a household are not distributed evenly. Male ownership of assets and conventional division of labour reduce the incentives for women to undertake new activities. Time spent in bearing and rearing of children often results in de-skilling and termination of long-term labour contacts. Thus, women are not able to be economically self-sufficient due to unemployment.

Child Marriage: Children specially the girls are married at a very young age. This proves fatal for their overall development and have a negative impact on their health, too.

Customs and Traditions:

The traditional patrilineal joint family system confines women’s roles mostly to the domestic sphere, allocating them to a subordinate status, authority, and power compared with men. The preference for a male child is due to lower female labour participation, prevalence of social evils like dowry, and many others causes. Social evils like dowry system, sati system, are also responsible for the low status of women.

Lack of Awareness Regarding Rights Among Women:

Most of the women are unaware of their basic rights. They do not have the understanding as to how the socio-economic and political forces affect them. They accept all types of discriminatory practices that persist in the family and society largely due to their ignorance.

Effects of Gender Inequality:

Domestic Violence:

“Domestic violence”  also called, “domestic abuse”, also called or “intimate partner violence”, can be defined as a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviours that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including couples who are married, living together or dating. Domestic violence affects people of all socioeconomic backgrounds and education levels. 

Women and Health:

Health hazards are present at every stage of a woman’s life cycle. Health problems which pose the greatest hardship to women in these countries include: reproductive health problems, excess female mortality in childhood, violence against girls and women, occupational and environmental hazards, and cervical and breast cancer. Many of these lead to maternal mortality Women is often given no choice over their bodies. Sex discrimination brings down Infant mortality rates. Though sex-selective abortion is a crime in India, cases have been reported where women are forced to abort if it’s a female foetus. Inhumane practices such as women trafficking and Female Genital Mutilation (FGM) are still prevalent in few parts of the country. All these practices show that a woman is not given authority over her own body.

Child Marriage and Improper Family Planning:

Child marriage is often the result of entrenched gender inequality, making girls disproportionately affected by the practice. Globally, the prevalence of child marriage among boys is just one sixth that among girls. Child marriage robs girls of their childhood and threatens their well-being. Child brides often become pregnant during adolescence, when the risk of complications during pregnancy and childbirth increases. The practice can also isolate girls from family and friends, taking a heavy toll on their mental health.

Less Developmental Opportunities:

With improper education due to gender inequality, there will be disruption in the economic status of women. There is also less political participation of women. Women in politics are likely to bring welfare issues such as violence against women, childcare, and maternal health into consideration. Without proper participation, these issues will remain unaddressed.

Constitutional Provisions for Gender Equality:

In India, the principle of gender equality has been enshrined in its Constitution, the very document that provides the basis and guidance for governance in a democracy. The inclusion of gender justice – equality before the law, enfranchisement, positive discrimination for neutralizing social and economic inequity – among other things made the Indian Constitution.

• Article 14 provides for equality before the law, or for the equal protection of laws. The equality provided herein is therefore two pronged: equality before the law means that the State shall not discriminate between two citizens – every person is the same in the eyes of the law. On the other hand, equal protection of laws enables the State to undertake positive discrimination in order to bring all citizens on an equal footing. It gives the State freedom to make special provisions for disadvantaged sections of the society, which includes affirmative action and special status for women etc.
• Article 15 (1) explicitly prohibits any discrimination on the basis of sex; it states, “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” This does not prevent the State from taking affirmative action in favor of women.
• Under Article 15(3), the State is provided with the power to make special provision for women and children. Article 16 provides for equality of opportunity of all in matters relating to public employment or appointment to any office; it specifically forbids discrimination on the grounds of sex.
• Article 16 (2) reads: “No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.”
• Article 39 provides for securing the right to an equal means of livelihood for both men and women and that both men and women have the right to equal pay.
• Article 42 provides for securing just and humane conditions of work and for maternity relief. Apart from these major

Constitutional Provisions the other constitutional provisions accentuating upon gender equality are hereby mentioned below:

• The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46)
• The State to raise the level of nutrition and the standard of living of its people (Article 47)
• To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e))
• Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3))
• Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4))
• Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3))
• Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4))

Laws Related to Women:

• The Employees State Insurance Act, 1948
• The Plantation Labour Act, 1951
• The Family Courts Act, 1954
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1956 with amendment in 2005
• Immoral Traffic (Prevention) Act, 1956
• The Maternity Benefit Act, 1961 (Amended in 1995)
• Dowry Prohibition Act, 1961
• The Medical Termination of Pregnancy Act, 1971
• The Contract Labour (Regulation and Abolition) Act, 1976
• The Equal Remuneration Act, 1976
• The Prohibition of Child Marriage Act, 2006
• The Criminal Law (Amendment) Act, 1983
• The Factories (Amendment) Act, 1986
• Indecent Representation of Women (Prohibition) Act, 1986
• Commission of Sati (Prevention) Act, 1987
• The Protection of Women from Domestic Violence Act, 2005

International Conventions:

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW):

The convention commits state parties that are signatories to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms. Countries that have ratified or acceded to the Convention are legally bound to put their provisions into practice.

The Beijing Declaration and Platform for Action:

The outcome document of the Fourth World Conference on Women in September 1995, considered as blueprint for improving position of women and advancing women’s rights.

Case Laws:

In Madhu Kishwar v. State of Bihar, (1996) 5 SCC 148 case, Justice K Rama Swamy observed that, “Half of the Indian population too are women. Women have always been discriminated against and are suffering discrimination in silence. Self-sacrifice and self –denial are their nobility and fortitude and yet they have been subjected to all inequalities, indignities, inequality and discrimination.”

In C .M. Mudaliar v. Idol of Sri S. Swaminanthaswami Thirukoil, 9 (1996) 8 SCC 525 case, the Supreme Court has highlighted the right of women in India to eliminate gender-based discrimination particularly in respect of property so as to attain economic empowerment.

In Associate Banks Officers’ Association v. State Bank of India, AIR 1998 SC 32 case, The Court upheld the Equal Remuneration Act and held that, women workers are in no way inferior to their male counterparts. Hence, there should be no discrimination on the ground of sex against women in payment of remuneration.

In Anuj Garg V/s Hotel Association of India, (2008) 3 SCC 1 case, the Apex Court declared section 30 of Punjab Excise Act 1914, which prohibited employment of women in any part of such premises in which liquor or intoxicating drugs were consumed by the public, as unconstitutional, holding that right to self-determination is an important off-shoot of the gender justice discourse. Hence instead of putting curbs on women‟s freedom, their empowerment would be a more tenable and a socially wise approach. On the same analogy, the closure of Dance-bars was declared to be affecting women‟s right to earn livelihood.

In Charu Khurana and Others v. Union of India, 2015 (1) SCC 192 case, where the main grievance of the Petitioner was that the Cine Costume Makeup Artists and Hair Dressers Association of Mumbai had refused to issue Makeup Artist Card to the Petitioner on the ground of her gender, so that the male members were not deprived of work as Makeup Artist. While referring to Fundamental Duties provided under Clauses (e) and (j) of Article 51-A, the Supreme Court, held that, “it is clear as a cloudless sky that all practices derogatory to the dignity of women are to be renounced”.

In Annie Nagraja and Ors. V. Union of India, 2015 SCC On Line 11804 case, the discrimination faced by women in military service, of being denied permanent service commission , though equally competent and eligible as their male counterparts, has also been done away by the Delhi High Court.

In Indian Young Lawyers Association v. The State Of Kerala on 28 September, 2018 case, where a group of five women lawyers has challenged Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which authorises restriction on women “of menstruating age”. They moved the apex court after the Kerala HC upheld the centuries-old restriction, and ruled that only the “tantri (priest)” was empowered to decide on traditions. The Supreme Court has ruled that women, of all age groups, can enter Sabarimala temple in Kerala. The apex court in a 4:1 majority said that the temple practice violates the rights of Hindu women and that banning entry of women to shrine is gender discrimination

In Dadaji Bhikaji vs. Rukhmabai, (1885) ILR 9 Bom 529 case, 11-year-old Rukhmabai was married to 19 years old Dadaji Bhikaji. She questioned the validity of her marriage with Dadaji. The case caused a lot of disturbance among the conservative minds of the society, who indeed were the majority. It raised multiple debates on subjects like women education, child marriages, consent, Hindu law, customs and traditions etc. Pinhey J. held that, “It seems to me that it would be a barbarous, a cruel, a revolting thing to do to compel a young lady, under those circumstances, to go to a man whom she dislikes, in order that he may cohabit with her against her will.” However, Pinhey succeeded in drawing attention to the vexed question of the relationship between morality and law, and in embedding the case within a broader legal-humanitarian framework. His verdict made the case inseparable from the women,s cause.

In C. B. Muthamma v. Union of India, (1979) 4 SCC 260  case, the Supreme Court struck down the discriminatory rules of the Indian Civil Services against women on the ground that they violated the fundamental right of women employees to equal treatment in matters of public employment. Justice Krishna Iyer has stated that, “Freedom is indivisible, so is justice. That our founding faith enshrined in Articles 14 and 16 should have been tragically ignored vis-à-vis half of India’s humanity, viz., our women is a sad reflection on the distance between Constitution in the book and law in action.”

In Air India v. Nargesh Meerza, AIR 1981 SC 1829 case, a regulation provided that an air hostess would retire from the service attaining the age of 35 years or on marriage within 4 years of service or on first pregnancy, whichever occurred earlier. The regulation authorized the Managing Director to extend the age of retirement to 45 years at his option if an air hostess was found medically fit. The Regulation did not contain any guidelines or the policy according to which the discretion conferred on the Managing Director was to be exercised. The regulation conferred on the Managing Director was unguided and uncontrolled discretion. The termination of the service of an air hostess on pregnancy was unreasonable and arbitrary. The regulation was held to be violative of Article 14 as it was unreasonable and arbitrary.

In Githa Hariharan vs. RBI, (1992) 2 SCC 228 case, the Supreme Court held that the mother can act as a natural guardian even when the father is alive.

In Neera Mathur vs. L.I.C., (1992) 1 SCC 286 case, the Court recognised woman’s right to privacy in respect of information regarding her reproductive functions. It held that the questionnaire that sought information on the dates of the menstrual periods and past pregnancies amounted to an invasion of the privacy of a person and therefore could not be made.

In State of Maharastra v. Mahukar Narayan Mardikar, (1991) 1 S.C.C. 57  case, the Supreme Court held that even a prostitute has a right to privacy under Article 21, and no person can rape her just because she is a woman of easy virtue.

In Vishaka vs. State of Rajasthan, (1997) 6 SCC 241 case, the Supreme Court has demonstrated great judicial activism while coming to rescue of the working women even at the cost of resorting to judicial activism under Article 141 of the Constitution. To combat the sexual harassment experienced by women at workplaces the Court stepped into the shoes of the lawmaker and issued directions in the sensational case.

In Govt. of A.P. v. P.B. Vijayakumar, AIR 1995 SC 1648 case, the Supreme Court has held that protective discrimination can be made under Article 15(3) of the Constitution.

In Rajesh Kumar Gupta v. State of Uttar Pradesh,  7 2005 (5) SCC 172 case, the Supreme Court, while concurring with the view taken by the High Court of Allahabad in respect of the reservation of 50% posts in favour of female candidates as primary school teachers, held that, Article 15(3) of the Constitution enables the State Government to make special provisions for women and children, notwithstanding, the prohibition contained in Article 15(1). It was observed that, “particularly viewed in the background of the fact that a large number of young girls below the age of ten years were taught in the primary schools and recognizing that it would be preferable that such young girls are taught by women, the reservation of 50% of the posts in favour of female candidates was justified.

Conclusion

Every problem has a solution, so gender inequality can also be addressed through proper solutions. Government can make more efforts through policies to reduce gender inequalities. Government should provide free higher education to girls to empower them. Government should also develop various policies for gender equality to prevent sex identification and sex-selective abortions. In India, NGOs can play an important role in reducing and finally eliminating gender inequality in India.