Human Rights and Gender Perspective

Gender equality is strongly supported in the Indian Constitution. The Preamble lays the groundwork for a society in which everyone is treated equally, including women. It sees a country where all citizens have equal access to justice and opportunities. There is a strong foundation for gender equality in the Indian Constitution. It forbids discrimination, ensures equal rights, and permits affirmative action to strengthen the position of women. The equitable treatment of all genders, guaranteeing equal rights and opportunities, is referred to as gender equality. Achieving gender equity in India is crucial because of the country’s deeply ingrained patriarchal practices. As the founding document of India, the Constitution strongly supports this goal, changing and developing throughout time to fulfill the nation’s goals.

Key Takeaways

• The Indian Constitution contains several clauses that address gender equality.
• The principle of gender equality is enshrined throughout the document, from the Preamble to the Fundamental Rights, Directive Principles, and Fundamental Duties.
• The Dowry Prohibition Act (1961), the Hindu Succession (Amendment) Act (2005), the Prevention of Sexual Harassment at Workplace Act (2013), etc. are major acts that have ensured gender equality and the welfare of women.

1. Traditional Hindu Religious Texts: The aforementioned gender equity rules go against the customs of individuals who uphold traditional religious principles. For instance, Manu’s traditional Hindu religious legal system allows for different treatment of the law and punishment according to caste and gender. Islamic legal traditions also exhibit gender inequality. The establishment of a uniform civil code, which has remained an unfulfilled aspirational requirement in the Constitution, was further hindered by the conflicting gender disparities of the two communities.

2. Hindu Family Law: Instances of gender disparity seen in contemporary Hindu family law include, Section 5.iii of the Hindu Marriage Act which sets the marriageable age for girls at 18 and for boys at 21. The government has recently suggested raising the age at which females can get married from 18 to 21. Section 6 of the Hindu Minority and Guardianship Act prohibits a mother from acting as a child’s natural guardian unless the father is deceased or otherwise disqualified. Section 6 of the Hindu Adoptions and Maintenance Act also forbids a mother from giving her child up for adoption unless the father is deceased or otherwise disqualified. These three sections of the Hindu Succession Act provide different methods of intestate (without a will) succession of property for male and female intestates.

3. Islamic Family Law: Examples of Islamic family laws that are thought to encourage gender inequality include:

• The legalization of polygamy;
• The widespread belief that a husband can divorce his wife through triple talaq; and
• The requirement that a Muslim husband provide maintenance to a divorced wife only for the three-month iddat period.

4. Talaq System in Muslims: There are three major types of talaq system in Muslims:

• Talaq-e-Ahsan: This is the best method for ending a marriage.
• Talaq-e-Hasan: Over the course of three months, talaq is proclaimed once a month in Talaq-e-Hasan. After the third utterance in the third month, divorce becomes official if cohabitation is not restored during this time.
• Talaq-e-Biddat or Instant Triple Talaq: This Islamic custom permits males to divorce their wives right away by saying the word “talaq” three times. It is also known as “Triple Talaq” or “Instant Triple Talaq.” The decision to dissolve the marriage may be made verbally, in writing, or electronically via phone, text message, email, or social media.

1. Preamble: Provides “equality of status and of opportunity” and “justice—social, economic, and political” for all, establishing the groundwork for gender justice.

2. Article 14: Promotes gender equality in all governmental and legal operations, ensuring equality before the law.

3. Article 15(1): Prohibits discrimination on the basis of sex.

4. Article 15(3): Affirmative action for the benefit of women and children is permitted.

5. Article 16: Guarantees equal opportunities in public work for all individuals, regardless of their gender.

6. Article 23: Outlaws forced labor and human trafficking, which disproportionately impact women and girls.

7. Article 39(a) and (d): Guarantees equal income for men and women and enshrines the idea of equal compensation for equal labor.

8. Article 42: Promotes maternity leave and fair and compassionate working conditions.

What is gender discrimination in human rights?

When someone is treated unfairly and unequally because of their gender identity, it is known as gender discrimination. Although there is a difference between “gender” and “sex,” discrimination based on gender is still illegal, just like all other forms of discrimination.

Are human rights guaranteed by the Indian Constitution?

Yes, all people of India are guaranteed a wide variety of fundamental rights under the Indian Constitution, including the rights to justice, equality, and freedom.

What are the other provisions of the Constitution that support gender equality?

• Article 38(2) charges the government with working to advance a welfare state in which women are allowed to work and are treated with the utmost respect, worth, and opportunities.
• Article 42 demands the provision of maternity leave and fair and decent working conditions.
• Article 51A(e) declares that it is a basic obligation to abstain from actions that diminish women’s dignity.

What measures does the Indian legal system use to bridge the rights-reality gap?

The judiciary is authorized by the Constitution to interpret and uphold these provisions. Significant rulings have tackled matters such as uneven inheritance rights and sexual harassment. Women’s legal safeguards are further strengthened by special legislation like the Dowry Prohibition Act and the Prevention of Sexual Harassment at Workplace Act.

What is the new amendment on talaq system in islamic law?

The new rule declares that Talaq-e-Biddat, often known as immediate triple talaq, is null and void and can result in up to three years in prison for the husband whether it is performed verbally, in writing, or electronically by email or SMS. According to Islamic law, the other two types of talaq (divorce), talaq-e-Ahsan and talaq-e-Hasan, are still enforceable.

Are there any challenges to achieving gender equality in India?

Even with a robust constitutional framework, India still has a ways to go before reaching full gender equality. Implementation problems, ignorance, and societal stereotypes can impede development. To close the gap between legal rights and lived realities, more work must be done by both the government and the citizens.

Reference:

• Legal Studies, Class XI- NCERT
• National Human Rights Commission

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