GENDER JUSTICE
Blink. Blink. Blink. It's the dreaded cursor-on-a-blank-screen experience that all writers — amateur or professional, aspiring or experienced — know and dread. And of all times for it to occur, it seems to plague us the most when trying to write an introduction.
Here’s mine…. What is that that strikes your mind when u come across
gender justice? I got brain-stormed spontaneously with a lot of injustice,
laws, incidents and stuffs related to gender justice… Let’s all get drenched in
this intrigued, never-ending discussion, hoping, to arise remedies and invoke
the right sense of gender justice and achieve justice in the near future.
I’ve pushed the bunch of grey matter from my brain through my fingers and keys to your screen now… gender justice is far from the writings and laws, the execution of those, comprises the major cut of concrete gender justice. Gender justice is achieved only when both men and women relish equal opportunities and rights in the civic life.
Our laws of the land have got amended repeatedly in-order to save the interest of equality before the law and also has been trying elevate gender justice by constructing provisions particularly for women. The constitution of India stipulates that, women are equal to men and they are protected to effective participation in the administration of the country. The Articles, article 14(right to equality), article 15(3) (special provision for women), art 16 (equal employment), article 39(a) (adequate means of livelihood to both sexes), article 39(d) (equal pay), article 42 (maternity relief at work), article 51A (renounce practice derogatory to dignity of women), article 234D (3) (4) and 234T (3)(4) (reservation for women in panchayat and municipalities) are denoted in our constitution to buoy-up the status of women in our nation.
In Danial Latifi v. Union of India, the SC held that section
3 and 4 of Muslim women (protection of rights on divorce) act was not violative
of article 14.
In Vijay Lakshmi v. Punjab university, the SC held that appointment of lady principal exclusively in a girl’s college is not violative of article 14.
In Vijay Sharma v. UOI, the Bombay HC held that a mother who wants to terminate pregnancy not because of the sex of the foetus but due to other circumstances mentioned in MTP act.
In order to diminish the crime against women, various legislation like
the protection of women from the domestic violence act,2005, dowry prohibition
act, the maternity relief act, Muslim women protection of rights on divorce
act, the indecent representation of women act, the Hindu women right to
property act etc. have been made to protect women’s right. Though, our law has
intended and efforted to protect women’s right and establish equality of the
sexes, the gender justice has not fully ripened. More over the injustice
against women is still prevailing in different unrecognised variant forms.
Women are still subjected to shaming due to the prevailing body standard rules. Cheers to my pretty women who is reading this… u are as beautiful as you are, naturally. In the bygone week, I was in a park with one of my friends, I saw a woman who was heartly laughing, it seemed like friends-meeting after many years, the women’s husband warned her to behave “lady-like”. Immediately I grew thinking of- Aren’t women have freedom to express their feelings? Who set the lady-like rule? Who set the body standards? It’s time we break those rules, these rules have pushed women lose natural beauty and artificialize her own self. Isn’t this an intangible unjust to women forbidding her to live life in her own style.
In Air India v. Nargesh Meerza, the SC struck down the Air India and Indian Airlines regulations on the age of retirement and pregnancy bar on the services of the airhostesses as unconstitutional as it violates article 14.
Safety not a curtain to curtail women… In our existing society women are
free to socialize but always subjected to men, quoting the term “protection”.
Sometimes, protection’s nose is found in the business of women’s freedom,
sarcastically.
In Vishaka v. State of Rajasthan, the SC laid down the
guidelines to prevent sexual harassment of working women.
Double trouble… nowadays working-women is normalised, but it ends up
with double responsibility for her to work and also to take care of the
household. Sharing of household is likewise to be considered in-order to
balance justice for men and women.
Laws still need amendments prior to
eliminate even the lilliputian issues surrounding the injustice to women. The
law protecting a Muslim man to marry three wives is misused nowadays and also
no women will prefer her share-spouse, this law could be established as
unconstitutional as this law gives superiority to men and also reflects that,
women need maintenance and protection from men or-else her existence is
doubtful; infringing article 14 and also article 51A.The sec 6 (a) of the Hindu
minority and guardianship act, 1956 states that only after the father, the
mother is regarded as the natural guardian, here, mother who has equal rights,
the one who carried and gave birth is put as a second preference to men. Why
isn’t mother have equal privilege as father? Equality is questioned here.
Marital rape to be declared as crime. Is marriage a license to marital rape?
Why not consent considered? Aren’t women objectified and exploited for male’s
sexual enjoyment and for reproducing children by allowing of marital rape. A
childless-woman is also entitled to receive the dignity of a women, but the
hard truth is that this-women is socially excluded. The shield for childless
women could possibly be fortified by law.
This Photo by Unknown Author is licensed under CC BY-NC-ND
Iniquitous position of women in their own house amounting to undersized but significant abuse. Men are always unbothered of Sterilization and contraceptives, and these are considered to be concern of woman alone and are solely subjected to women. Women are always treated either as backup or second choice only posterior to men. To welcome the change-of-view, teaching-cooking, cleaning and period to both; son and daughter is crucial. This will at-least help the subsequent generations to have concrete equality.
Though, our laws protect-women’s well-being by authorizing provisions
for divorce and widow remarriage, the acceptance of these provisions is refused
by our society. Yes, I agree that changing the mindset of this persistent
patriarchal society might take plenty of time but hoping for change and working
for it is always half success.
The gloomy truth is that Women are
abused in all dimensions; sexually, physically, verbally, economically,
psychologically, mentally and what not... even after several measures taken to
reduce unfairness. It’s all about the way of thinking and the change in the
mindset of people of the society, that could aid in establishing just for
women; neither the papers nor the law nor the voice for justice is going to
help in hoisting justice. It’s more than a cosmic work to change view of people
who are already habitual to this vile patriarchal system but preaching
youngsters and kids; not about “treating women equal” but just that there is
“inessential difference between men and women”. I hope, this blog would have
added a spark to light the colourful cracker of gender justice in future.
Fingers crossed🤞…
Excellent first write up! Kudos Gayu! Loads of appreciation and best wishes for more.
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