Kishan Dutt
GENDER EQUALITY AND THE LAW: PROGRESS AND CHALLENGES IN INDIA
Kishan Dutt Kalaskar 29 Jan 2025

GENDER EQUALITY AND THE LAW: PROGRESS AND CHALLENGES IN INDIA                                                                                         -Kishan Dutt Kalaskar

 

INTRODUCTION:-For the continuous period of time there were many essences which have been addressed in respect of the matters, for instance, the Gender equality which is deeply influenced by the basic terms of constitution which has connection with the basic human rights and bear a foundational core of democratic society. There are also many aspects which has established milestones regarding equality.There are significant laws which hasensured the equality and as well as the equity too which is a crucial discussion. This point alsoaddressed by the significant judicial conductivity.

BACKGROUND:-During ancient era the balance in the sense of gender biased conductivity was maintained very keenly but equality within them wasn't the necessary question can be raised back then.For historical context, in the previous era the Sathe Pratha was in existence which had created a great impact upon humanity at that time which made a great drawback in respect of gender equality. The effectiveness of this has started their journey from colonial era through many reformers such as Raja Rammohan Roy worked with Lord William Bentinck against the Sathe Pratha which can be called as the very first step to protect the women's right, also a very good milestone had been ensured by Ishwar Chandra Vidyasagar regarding remarriage of widows etc.

PROVISIONS :- After going through many reforms, interpretation has been ensured by the constitutional right for instance, Article 14, 15 or Article 16 also through DPSP (provides duty of the State) works and prohibits the sex, race, caste etc.Based discrimination and many more effective responsibilities.There also are numerous laws,but most effective Acts which only has been legislated just to safeguard specially the women's rights and encourage gender impartiality, for instance there are certain legislative supports, such as Dowry prohibition Act, 1961 , the Domestic violence Act, 2005, the POSH Act, 2013, also section 377 of IPC, 1860 has ensured decriminalized the consensual sexual intercourse between same sex, which also a great example of sustain gender equality ( which have been repealed inBNS).

PURPOSE:- The debate in respect of genders are the highlighted topic since historical era which we have explore previously and the importance can be stated such as,For the maintenance of the economic independence,Equal opportunity in respect of education,Providing the chances of personal developmentMaintain the tranquility within the society. Also provide better survive and support for the betterment of the nation etc.

CASE LAW:- Case such as Vishaka v. State of Rajasthan (1997) which has set out the guidelines against sexual harassment within working sectors. Also, notable case as Navtej Singh Johar v. Union of India (2018), pointed out about the Decriminalization of consensual homosexual relations and also advancing the gender and sexual orientation equality.  Case like Suchita Srivastava v. Chandigarh Administration (2009)introduced with the ruling about an individual woman's right regarding Procreative choice in relation to her personal liberty, privacy, dignity etc.

CHALLENGES OR GAP:-Despite of these legal advancements, the implementation of gender equality laws faces significant challenges such as Cultural barrier, also sometimes Women’s participation is less rather than men in the area of work due to some certain unsafe situation ( most of the women try to avoid working late or overtime). The lack of awareness, inadequate enforcement mechanisms, and insufficient resources also includes as the challenge. The equal representations in Legislature houses arestill in lack.

CONCLUSION:-  Through above abstract the brief idea about the topic based on gender equalityhas been presented, which still now  includes significant amount of concern where there cases like, R.GKar Medical still exists.It is not about the matter of equal treatment it's about the treatment which has been given and accepted by one another and making the incrementation of the nation. By strengthening or making changes in law still a matter but the most vulnerable and valuable concern is to making an impact upon human as well as upon the society, because if the changes in respect of this can’t be done just making or strengthening law will be pointless and effect less.

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