Juris Centre

Gender Equality: Are We There Yet?

Despite the multiple legislative enactments and schemes such as the Protection of Women from Domestic Violence Act 2005, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, and the Beti Bachao, Beti Padhao, Beti Badhao Scheme 2015 etc, highly horrific incidents, such as the Kolkata rape case, continue to occur daily. This society often blames incidents of violence on women’s behavior—how they dress, their actions, going out late at night, or even how they speak. Some people justify this by saying that if someone knows robbers are hanging around in an alley, they would avoid wearing jewelry as a precaution. Similarly, they argue that if women are aware of potential dangers in certain environments, they should refrain from wearing ‘revealing’ clothing. In 2021, the National Crime Records Bureau (NCRB) reported 65,025 cases of rape in India, with 96.8 percent of these incidents committed by perpetrators known to the victims. The term “known to the victims” encompasses family members, neighbors, colleagues, relatives, and friends.[1] Can we really attribute the rise in rape cases to what women wear or their choice to be out at night?     

By concentrating on these aspects, the effort to find solutions for rape incidents—most of which occur not in dark alleys but in familiar settings—serves as yet another way to shift the blame for these actions onto women. When will society stop avoiding responsibility and start tackling the underlying issues? It’s important to note that this problem doesn’t only affect women; children and elderly women are also victims. Therefore, this article will explore several questions to better understand the concept of gender equality in its ideal form and assess how far society is from achieving it.   

Inhumane Practices and the Legal Fight for Gender Equality: 

Countless inhumane acts have been practiced against women, and numerous laws have been enacted to ensure equality, thereby influencing social change with the objective of advancing women’s development. 

  • Sati: The act involves a widow sacrificing herself on her husband’s funeral pyre. Some women believed it was their duty to fulfill to ensure spiritual benefits for themselves and their families. Lord William Bentinck, the Governor-General of India, enacted the abolition of this practice in 1829, recognizing it as inhumane. The British government enforced this prohibition and by 1862, they compelled Indian princes to end the practice.[2] The Commission of Sati (Prevention) Act, 1987, was included in the Indian Penal Code to bring an end to the Sati system.
  • Selective sex abortion: Due to the patriarchal belief that males hold more value than females, the practice of selective sex abortion, particularly the termination of female fetuses, has become prevalent in India. This not only exacerbates gender inequality but also leads to an imbalance in the gender ratio of the population. To combat this issue, the PCPNDT Act (Pre-Conception and Pre-Natal Diagnostic Techniques Act) was enacted in 1994 and took effect on January 1, 1996, aiming to prohibit sex-selective abortions. Additionally, the Government of India launched the Beti Bachao, Beti Padhao scheme on January 22, 2015, which was later expanded to include Beti Badhao, to promote the survival, protection, and education of girls.    
  • Mulakkaram (Breast Tax): It is a common saying that in life, only death and taxes are certain. The ruler of the princely state of Travancore, Maharaja Sreemohan Thirunal, enforced a tax on Dalit women from the Ezhava or Nadar castes who wanted to conceal their chests in public. This tax became famous as the Mulakkaram, which directly means “breast tax.” The tax was calculated according to the dimensions of a woman’s chest. The custom ended in 1924 because Nangeli, a regular Ezhava woman, bravely cut off her breasts and offered them to the tax collector, called the Parvatiyaar, on a banana leaf.[3]
  • FGM (Female Genitalia Mutilation): FGM, or female genital cutting, is described by the World Health Organization as “procedures that include the complete or partial removal of the external female genitalia or other harm to the female genital organs for reasons not related to medical purposes.” The organization claims that the practice does not provide any health advantages and categorizes it as a violation of the human rights of girls and women. It was commonly done in the state of Kerala.[4]
  • The White Bedsheet Test: It is a practice that emphasizes female virginity by expecting blood stains on the bedsheet the morning after the wedding night. This tradition is not only demeaning to women and lacking in scientific basis, but it also reinforces male dominance over female sexuality in certain cultures. Are men required to provide proof of their virginity on their wedding night? Such customs have been criticized by the National Commission for Women as outdated, misogynistic, and a violation of women’s rights and dignity.    
  • Child marriage: Female children were married off at a very young age and the prohibition of Child Marriage Act, 2006 was enforced to put an end to it.    
  • Dowry: The dowry system can be very financially burdensome to the bride’s family. In extreme cases, the dowry system leads to crimes against women, which ranges from emotional abuse to injury and even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India.Various strict penalties have been introduced or modified occasionally to prevent the giving and asking of dowry. According to section 3 of the Dowry Prohibition Act, the act of giving or receiving dowry is subject to a minimum sentence of 5 years and a fine of Rs 15,000 or the value of the dowry, whichever is higher. Demanding of dowry is also punishable under section 4 for six months to five years and a fine up to Rs 15,000. Following a few changes, the law aims to address this societal problem. Section 7 identifies the individuals and organizations allowed to start the proceedings: (a) law enforcement (b) a person who has been wronged (c) families of the individuals involved (d) any established welfare facility or group. Section 8 aims to enhance severity by including offenses that are non-bailable and cognizable. Section 8-A also specifies that the responsibility of proving innocence falls on the individual denying the offense.[5]
  • Domestic Violence: Undoubtedly, domestic violence is a universal human rights issue that is often considered a private matter and believed to be beyond public interference. However, the Protection of Women from Domestic Violence Act, 2005, exposes and addresses this misconception.[6]

Modern Challenges: 

Despite the International Bill of Human Rights and the Indian Constitution guaranteeing equality and justice for all, discrimination against women persists globally. The preamble to the Convention on the Elimination of Discrimination Against Women highlights that women still do not have equal rights with men.[7]

Despite the aforementioned laws aimed at eradicating gender inequality, numerous discriminatory practices continue to exist, such as:   

Brides are still expected to bring dowry under the guise of “gifts,” regardless of their personal willingness. 

  • Scholars from King Abdullah University of Science and Technology estimated the sex ratio at birth in 29 Indian states and union territories. A significant cultural bias towards sons was discovered in 17 northern states, with Uttar Pradesh having the highest shortage of female births. Researchers predict there will be 2 million fewer female births in the state between 2017 and 2030.[8]
  • In various regions of India, such as Jharkhand, Kerala, Andhra Pradesh, Rajasthan, and more, child marriage remains a common practice. Imagine being married to someone you’ve never met, and before you grasp the meaning of life, you’re already faced with the heavy responsibility of figuring out what marriage entails. Despite the legal age for girls being increased from 18 to 21, child marriage continues to be widespread.   
  • As per the World Inequality Report 2022, even with the Equal Remuneration Act of 1976 in place, men in India still receive 82 percent of labor income, leaving women with only 18 percent. From July 2022 to June 2023, men in India earned an average monthly salary of ₹20,666, whereas women earned ₹15,722.25.[9]
  • The National Family Health Survey (NFHS) of 2019-2021 found that 29.3% of married Indian women aged 18-49 experienced domestic/sexual violence, while 3.1% of pregnant women in the same age group faced physical violence during pregnancy. This figure represents only the cases reported by women; often, there are numerous cases that go unreported to the police. In India, there were only 507 cases reported in 2021 under the Protection of Women from Domestic Violence Act, 2005, compared to 136,000 complaints filed under Section 498A of the Indian Penal Code (cruelty by husband or his relatives).[10]
  • Despite the Right of Children to Free and Compulsory Education Act, 2009, and initiatives like the Beti Bachao, Beti Padhao scheme, women are still denied access to proper education. Women continue to bear the brunt of household responsibilities, elder care, childcare, and looking after their husbands, who, despite being fully capable, often contribute little to nothing. Even when both partners work from 9 AM to 6 PM, the weight of domestic duties still rests on the woman. When a woman is unwell and needs to rest, she is often mocked. If she shares her struggles with her mother regarding her in-laws, the response might be, “Maybe you should just stop working; is that more important than your husband’s home?” Alternatively, she might say, “You need to adapt; women are meant to adjust.” Society has become so entrenched in these traditions that many believe this is the natural order of things, expecting women to comply with these roles.  
  • Misogynistic films, TV serials, and songs also contribute to this culture. In today’s patriarchal society, films like Kabir Singh, Animal, and the Pyaar Ka Punchnama franchise, where one character says he wants to stuff something in his girlfriend’s mouth to make her shut up, normalise verbal and physical abuse. In the old film Jaani Dushman, Akshay Kumar’s character tells a girl to forgive her molesters because she’s so beautiful that any man would be tempted. Films like Sholay, which are still celebrated by many, carry sexist undertones regarding the control of women’s bodies and the normalization of stalking. These films, along with countless others, propagate the notion that a woman’s virginity defines her value, engage in slut-shaming and body-shaming, and present infidelity as acceptable behavior. They also foster the belief that enduring sexist and misogynistic treatment is a woman’s obligation. Additionally, many TV serials and songs that objectify women continue to be created and enjoyed by large audiences.    

Rape and Sexual Harassment  

Vishakha case pertained to Bhanwari Devi, who, being a member of the community, was accustomed to advocating against dowry and child marriage in Rajasthan. This led to her being gang raped in 1992 by powerful individuals from a rural village in Rajasthan after preventing a child marriage in a Gujjar family. Despite not receiving justice, a group of women’s rights activists and lawyers, known as Vishaka, took the initiative to file a public interest litigation (PIL) in the Supreme Court of India to challenge the lack of action and call for accountability.[11] In the case of Rupan Deol Bajaj vs. K.P.S. Gill (1995), the Indian Penal Code was used when a senior IAS officer was sexually harassed by a superior officer, but the High Court deemed the application of Section 354 and Section 509 insufficient. The evident gap in legislation called for clear reforms to address sexual harassment more effectively. Instances like these led to the Supreme Court overturning the ruling in the Rupan case. The Vishaka case significantly tackled workplace sexual harassment, focusing on prevention and solutions.[12] Many renowned people, like Asaram Bapu, commented on the 2012 Nirbhaya case, stating that she was equally responsible for the fatal attack. Again, take the Kolkata rape case. The accused policeman-scapegoat, running civic volunteer services for the police, had previously been involved in domestic violence; he had ended three of his marriages. Considering his history, he should not have been recruited in the first place. The police should have held him accountable much earlier. Similarly, Brij Bhushan Sharan Singh, a previous president of the Wrestling Federation Of India (WFI) was accused of sexually harassing over 256 female wrestlers, which also included girls 12 to 20 years of age. Vinesh Phogat made this issue public, which caused complaints and protest among many people. Many slut-shamed these complainants asking why they did not raise their voices sooner.  

It’s crucial to acknowledge that in numerous cases particularly concerning harassment or assault incidents go unreported for several reasons. These encompass being unaware of one’s rights, fearing backlash, dealing with trauma, facing societal stigma and encountering pressure from family or community. Survivors often face barriers and societal challenges that impede them from speaking out immediately. Hence downplaying their claims by suggesting dishonesty based on delayed reporting is not only unjust but also disregards the complexities surrounding such situations.  

What should be done?   

It is clear that the legal system must stop ignoring the real crimes that occur, and societal attitudes need a complete overhaul. Current policy frameworks and the processes behind policymaking should be scrutinized and utilized as a foundation for swiftly implementing change. Policymakers should not presume that women are merely behind and need to catch up in their perceptions, usage, and the value they assign to systems established by men. Instead, policies should consider the information needs of both men and women and promote an understanding of the mutual benefits that society can achieve.[13]

Is Feminism trying to demonize men?   

Patriarchy can appear in various ways, whether through women silencing other women or through men. So, why do some men feel offended when feminism is brought up? Why do they feel the need to

voice their own issues? Their concerns are recognized and validated, and society fully supports them. However, let’s illustrate the issue with an example.  

Picture two best friends, X and Y. X is sharing how his parents argue constantly. Instead of acknowledging X’s struggles, Y interrupts, “What do you mean by that? Just because your parents fight and mine don’t doesn’t mean I don’t have problems! My parents argue too sometimes; you can’t always play the victim.”    

Can you see how immature this conversation sounds? Now, let’s analyze it: 

  1. When did X say that Y doesn’t have any problems? X was merely expressing his own difficulties and how troubled he felt because of them.  
    1. Y has no right to make this situation about himself since he hasn’t lived a single moment of X’s experience.     
    1. The least Y could have done is empathize with X, show some understanding, or at least acknowledge his struggles.    
    1. Here’s a question for everyone: Why do some individuals get defensive and bring up their own issues whenever feminism is mentioned? Women are simply sharing their experiences. We recognize the challenges that men face; these issues are valid, and genuine feminists support them. However, effective communication requires the right moments for listening and speaking, along with mutual respect. If individuals took the time to grasp the true meaning of feminism, it could lead to more meaningful conversations. This understanding would not only help women but also everyone impacted by patriarchy, which continues to foster inequality and injustice.  

CONCLUSION 

“As long as women do not have the same rights in law as men, as long as the birthday of a girl does not receive the same welcome, as that of boy. So long we should know that India is suffering from partial paralysis. Suppression of women is inconsistent with principles of ahimsa (non-violence)”

 – Mahatma Gandhiji 

The primary focus should be on educating and raising awareness among both women and men about the existing norms and barriers that hinder women’s full participation in society. Training strategies must be devised across all societal levels. Incorporating topics like sex education, menstrual health, the concepts of good touch and bad touch, gender equality, the influence of misogynistic media, and the repercussions of a patriarchal society on all genders into the education curriculum is essential. This approach will enhance awareness and guide students toward becoming responsible citizens. To make this happen, it’s important to update outdated government systems and encourage fresh, progressive viewpoints. Legal reforms should be accompanied by education, awareness, and efforts to alter societal attitudes. Perpetuating equality as both a lived norm and a legal obligation will call for continuous effort by both society and the individual.  

[1] Snigdha, Over 96% Rapes In India Committed By Persons Known To The Victims: NCRB Report, INDIA.COM NEWS DESK (Sept 5, 2022), 

[2] M. Shamsuddin, A Brief Historical Of Sati Tradition In India, DIN VE FELSEFE ARAŞTIRMALARI (2020),https://orcid.org/0000-0002-2115-4696. 

[3] O2C Admin, Mulakkaram: The gruesome tale of India’s 19th-century Breast Tax, INNOVATE TAX (Oct. 30, 2022),https://innovatetax.com/blog/mulakkaram/.  

[4] World Health Organisation, Female Genital Mutilation (Feb. 5, 2024),https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation.     

[5] Gazala Praveen, Dowry deaths in India: A legal study, IPLEADERS BLOG (February 27,2020, 9:55 pm),https://blog.ipleaders.in/dowry-deaths-india-legal-study/.  

[6] SANJAY KUMAR SINGH, GENDER JUSTICE & WOMEN EMPOWERMENT DEVELOPMENT, DOMESTIC VIOLENCE AND HUMAN RIGHTS 2-100 (1st ed. 2011).  

[7] SANJAY KUMAR SINGH, GENDER JUSTICE & WOMEN EMPOWERMENT DEVELOPMENT, DOMESTIC VIOLENCE AND HUMAN RIGHTS 35-120 (1st ed. 2011).  

[8] Amrit Dhillon, Selective abortion in India could lead to 6.8m fewer girls being born by 2030, THE GUARDIAN (Aug. 21, 2020), https://amp.theguardian.com/global-development/2020/aug/21/selective-abortion-in-india-could-lead-to-68m-fewer-girls-being-born-by-2030.    

[9] Chancel, L., Piketty, T., Saez, E., Zucman, G., et al., World Inequality Report 2022, WORLD INEQUALITY LAB (2022), https://wir2022.wid.world/www.site/uploads/2021/12/WorldInequalityReport2022_Full_Report.pdf.

[10] BS Reporter, Nearly 30% of married Indian women face domestic violence: shows data, BUSINESS STANDARD (May 14, 2023), https://www.business-standard.com/india-news/nearly-30-of-married-indian-women-face-domestic-violence-shows-data-123051400486_1.html.  

[11] Vishaka and Ors. v. State of Rajasthan and Ors., AIR 1997 SC 3011 (India).    

[12] Malavika Rajkumar, The History Behind Sexual Harassment at the Workplace Law, THE NYAAYA GUEST BLOG, (Mar. 9, 2022), https://nyaaya.org/guest-blog/the-history-behind-sexual-harassment-at-theworkplacelaw/#:~:text=The%20application%20of%20the%20Indian,sufficient%20by%20the%20High%20Court.  

[13] SANJAY KUMAR SINGH, GENDER JUSTICE & WOMEN EMPOWERMENT DEVELOPMENT, DOMESTIC VIOLENCE AND HUMAN RIGHTS 100-120 (1st ed. 2011).  

Author: Minakshi Trivedi

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