Gender Inequality Global and Indian Aspects

GENDER INEQUALITY

“Why exclude them? Of the two sexes of which the species is composed, how comes all the natural right to political benefits to be confined to one?” - Jeremy Bentham

ABSTRACT Gender equality is a human right, but our world faces a persistent gap in access to opportunities and decision-making power for women and men. Despite a high growth rate and plentiful Government measures to encourage gender equality, the gender gap still exists in India. Lack of gender equality not only limits women’s access to resources and opportunities, but also imperils the life prospects of the future generation. Gender inequalities are reflected in the daily realities of women and girls lives including: the disproportionate number of women among those living in poverty. In India women are worshiped as ‘devi’ but still deprived of basic human rights. In spite of constituting half of the population, they are considered as marginalized group and second-class citizen. The United Nations ranks India as a middle-income country. Findings from the World Economic Forum indicate that India is one of the worst countries in the world in terms of gender inequality. In order to uplift her status and to give her an egalitarian atmosphere we must consider her a human first and then we should provide all the rights given to human being.The paper will investigate various aspects of gender inequality prevail in India and also suggest some remedies for the upliftment of status of women in society.

INTRODUCTION The social expectations of male and female and the difference between woman and men within the same household and within and between cultures that are socially and culturally constructed are changed over time. These differences are reflected in roles, responsibilities, access to resources, constraints, opportunities, needs, perceptions, views, etc, held by both woman and men and their interdependent relationship.Gender inequality in India refers to health, education, economic and political inequalities between men and women in India Various international gender inequality indices rank India differently on each of these factors, as well as on a composite basis, and these indices are controversial. Gender inequalities, and its social causes, impact India's sex ratio, women's health over their lifetimes, their educational attainment, and economic conditions. Gender inequality in India is a multifaceted issue that concerns men and women alike.

Definition and Concept of Gender Inequality

“Gender” is a socio-cultural term referring socially defined roles and behaviors assigned to “males” and “females” in a given society; whereas, the term “sex” is a biological and physiological phenomenon which defines man and woman. In its social, historical and cultural aspects, gender is a function of power relationship between men and women where men are considered superior to women. Therefore, gender may be understood as a man-made concept, while “sex” is natural or biological characteristics of human beings. Gender Inequality, in simple words, may be defined as discrimination against women based on their sex. Women are traditionally considered by the society as weaker sex. She has been accorded a subordinate position to men. She is exploited, degraded, violated and discriminated both in our homes and in outside world. This peculiar type of discrimination against women is prevalent everywhere in the world and more so in Indian society. Gender inequality is not perpetuated exclusively through differential access to and control over material resources. Gender norms and stereotypes reinforce gendered identities and constrain the behaviour of women and men in ways that lead to inequality. Gender inequality acknowledges that men and women are not equal and that gender affects an individual's lived experience. These differences arise from distinctions in biology, psychology, and cultural norms. Some of these distinctions are empirically grounded while others appear to be socially constructed. Studies show the different lived experience of genders across many domains including education, life expectancy, personality, interests, family life, careers, and political affiliations. Gender inequality is experienced differently across different cultures.

HISTORICAL ASPECTS:

Global Perspective: The transformation of gender relations since the beginning of the 20th century is one of the most rapid, profound social changes in human history. For the more than 7,000 years of human history since settled agriculture and early states emerged, male domination has characterized the gender relations of these societies and their successors. Even at the beginning of the 20th century, men and women were generally viewed as occupying sharply different roles in society: a woman’s place was in the home as wife and mother; the man’s place was in the public sphere. Women from time immemorial were treated as an object and property in the hands of a man, who can do whatsoever he want to do with her. The position of women through out the world were similar. They were given a secondary position than man and have no human/natural rights of her own. They were subject to torture, exploitation, inequalities, discrimination,etc and have no freedom or liberty of her own. Even the law were made in favour of men and religious practices prevailing then, were against the concept of equality and rationality. To be sure, articulate critics of patriarchy – rule by men over women and children – had emerged by the end of the 18th century, and the movement for the right of women to vote was well under way by the end of the 19th century, but nevertheless, at the beginning of the 20th century the legitimacy of patriarchy was taken for granted by most people and backed by religious doctrines that saw these relations as ordained by God. By the 21st century only a small minority of people still holds to the view that women should be subordinated to men. While all sorts of gender inequalities continue to exist, and some of these seem resistant to change, they exist in a completely different context of cultural norms, political and social rights, and institutionalized rules. Male domination has not disappeared, but it is on the defensive and its foundations are crumbling. However, with the passage of time and development of law the position of women were improved and several domestic and international law were made to empower the women and gave them a respectful and equal position to that of man, which they always deserved. Several treaties were signed by the states to abolish inequalities prevailing in the societies and bring a reformative change in the social structure of the society.

Indian Perspective: The root cause of gender inequality in Indian society lies in its patriarchy system. According to the famous sociologists Sylvia Walby, patriarchy is “a system of social structure and practices in which men dominate, oppress and exploit women”. Women’s exploitation is an age old cultural phenomenon of Indian society. The system of patriarchy finds its validity and sanction in our religious beliefs, whether it is Hindu, Muslim or any other religion. For instance, as per ancient Hindu law giver Manu: “Women are supposed to be in the custody of their father when they are children, they must be under the custody of their husband when married and under the custody of her son in old age or as widows. In no circumstances she should be allowed to assert herself independently”. The above described position of women as per Manu is still the case in present modern day social structure. Barring few exceptions here and there, women have no power to take independent decisions either inside their homes or in outside world. In Muslims also the situation is same and there too sanction for discrimination or subordination is provided by religious texts and Islamic traditions. Similarly in other religious beliefs also women are being discriminated against in one way or other. The unfortunate part of gender inequality in our society is that the women too, through, continued socio-cultural conditioning, have accepted their subordinate position to men. And they are also part and parcel of same patriarchal system. The status of women in India has been subject to many changes over the span of recorded Indian history.Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period. Practise such as female infanticide, dowry, child marriage and the taboo on widow remarriage, have had a long duration in India, and have proved difficult to root out, especially in caste Hindu society in northern India. During the British East India Company rule (1757–1857), and the British Raj (1858–1947), measures aiming at amelioration were enacted, including Bengal Sati Regulation, 1829, Hindu Widows' Remarriage Act, 1856, Female Infanticide Prevention Act, 1870, and Age of Consent Act, 1891. Women rights under the Constitution of India mainly include equality, dignity, and freedom from discrimination; additionally, India has various statutes governing the rights of women. As of 2019, some women have served in various senior official positions in the Indian government, including that of the President of India, the Prime Minister of India, the Speaker of the Lok Sabha. However, many women in India continue to face significant difficulties. The rates of malnutrition are exceptionally high among adolescent girls and pregnant and lactating women in India, with repercussions for children's health. Violence against women, especially sexual violence, has been on the rise in India

GENDER INEQUALITY IN INDIA:

We proud Indians of 21st century rejoice in celebrations when a boy is born, and if it is a girl, a muted or no celebrations is the norm. Love for a male child is so much so that from the times immemorial we are killing our daughters at birth or before birth, and if, fortunately, she is not killed we find various ways to discriminate against her throughout her life. Though our religious beliefs make women a goddess but we fail to recognize her as a human being first; we worship goddesses but we exploit girls. We are a society of people with double-standards as far as our attitude towards women is concerned; our thoughts and preaching are different than our actions. We practised discrimination against women from the time immemorial and subject them to inequality, segregation, restrictions based upon there gender only. They were given no adequate opportunity for education, jobs and for her overall development.

Global Index and India’s Position:

India ranks 130 out of 187 countries on the gender inequality index – according to the United Nations Development Program’s Human Development Report 2019. The report said all countries in South Asia, with the exception of Afghanistan, were a better place for women than India, with Sri Lanka (76) topping them all. Nepal ranked 149nd and Bangladesh 136th. Gender inequality is especially tragic not only because it excludes women from basic social opportunities, but also because it gravely imperils the life prospects of future generations. Indian families often prefer boys to girls, and female feticide is tragically common. Only 29% of Indian women above the age of 15 in 2011 were a part of the country‟s labor force, compared to 80.7% men. In Parliament, only 10.9% of lawmakers are women, while in Pakistan 21.1% are women. In United States which ranks 42nd on the list, 57.5% women and 70.1% men are a part of the labor force. China fared even better, landing 35th. Only 26.6% women above 25 years received a secondary education in 2010, compared to 50.4% of men. Pakistan scored even lower, with 18.3% of women having received secondary education compared to 43.1% of men. In the U.S., 94.7% women have received a secondary education – a figure slightly higher than for men (94.3%). In China, this figure was 54.8% for women and 70.4% for men. In India, 200 women died for every 100,000 childbirths, says the report. In China, the number was considerably lower (37 deaths) and in the U.S. even lower than that (21.)

Major Causes of Gender Inequality in India

Patriarchal society The root cause of gender inequality in Indian society lies in its patriarchy system. According to the famous sociologists Sylvia Walby, patriarchy is “a system of social structure and practices in which men dominate, oppress and exploit women”. Women‟s exploitation is an age old cultural phenomenon of Indian society. The system of patriarchy finds its validity and sanction in our religious beliefs, whether it is Hindu, Muslim or any other religion.For instance, as per ancient Hindu law giver Manu: “Women are supposed to be in the custody of their father when they are children, they must be under the custody of their husband when married and under the custody of her son in old age or as widows. In no circumstances she should be allowed to assert herself independently”.

Son preference A key factor driving gender inequality is the preference for sons, as they are deemed more useful than girls. Boys are given the exclusive rights to inherit the family name and properties and they are viewed as additional status for their family. In a survey-based study of 1990s data, scholars found that son are believed to have a higher economic utility. Another factor is that of religious practices, which can only be performed by males for their parents' afterlife. All these factors make sons more desirable. Moreover, the prospect of parents „losing‟ daughters to the husband‟s family and expensive dowry of daughters further discourages parents from having daughters. Additionally, sons are often the only person entitled to performing funeral rights for their parents. Thus, a combination of factors has shaped the imbalanced view of sexes in India.

Discrimination against girls While women express a strong preference for having at least one son, the evidence of discrimination against girls after they are born is mixed. A study of 1990s survey data by scholars.Found less evidence of systematic discrimination in feeding practices between young boys and girls, or gender based nutritional discrimination in India. In impoverished families, these scholars found that daughters face discrimination in the medical treatment of illnesses and in the administration of vaccinations against serious childhood diseases. These practices were a cause of health and survival inequality for girls. Poverty and lack of education derives countless women to work in low paying domestic service, organized prostitution or as migrant laborers. Women are not only getting unequal pay for equal or more work but also they are being offered only low skill jobs for which lower wages are paid. This has become a major form of inequality on the basis of gender. Educating girl child is still seen as a bad investment because she is bound to get married and leave her paternal home one day. Thus, without having good education women are found lacking in present day‟s demanding job skills; whereas, each year‟s High School and 10+2 standard results show that girls are always doing better than boys. This shows that parents are not spending much after 10+2 standard on girl child and that‟s why they lack in job market.

Dowry In India, dowry is the payment in cash or some kind of gifts given to bridegroom's family along with the bride. The practice is widespread across geographic region, class and religions. The dowry system in India contributes to gender inequalities by influencing the perception that girls are a burden on families. Such beliefs limit the resources invested by parents in their girls and limit her bargaining power within the family. The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Several studies show that while attitudes of people are changing about dowry, the institution has changed very little, and even continues to prevail.

LEGAL AND CONSTITUTIONAL SAFEGUARDS AGAINST GENDER INEQUALITES.

Article 15 of the Indian Constitution provides for prohibition of discrimination on grounds of sex also apart from other grounds such as religion, race, caste or place of birth. Article 15(3) authorizes the Sate to make any special provision for women and children. Further, they enjoys complete liberty under Article 21 of the constitution. Moreover, the Directive Principles of State Policy also provides various provisions which are for the benefit of women and provides safeguards against discrimination. Various protective Legislation have also been passed by the Parliament to eliminate exploitation of women and to give them equal status in society. For instance, the Sati (Prevention) Act, 1987 was enacted to abolish and make punishable the inhuman custom of Sati; the Dowry Prohibition Act, 1961 to eliminate the practice of dowry; the Special Marriage Act, 1954 to give rightful status to married couples who marry inter-caste or inter-religion; Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Bill (introduced in Parliament in 1991, passed in 1994 to stop female infanticide and many more such Acts. Furthermore, the Parliament time to time brings out amendments to existing laws in order to give protection to women according to the changing needs of the society, for instance, Section 304-B was added to the Indian Penal Code, 1860 to make dowrydeath or bride-burning a specific offence punishable with maximum punishment of life imprisonment. India is also signatory to the Convention for the Elimination of All Forms of Discrimination against Women, or CEDAW. However, the government maintains some reservations about interfering in the personal affairs of any community without the community‟s initiative and consent. A listing of specific reforms is presented below.

1.Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 2. Prenatal Diagnostic Testing Ban 3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 4. Hindu Succession Act, 1956 (Amended in 2005; Gives equal inheritance rights to daughters and sons - applies to Hindus, Buddhists, Jains and Sikhs) Muslim Personal Law (Shariat) Application Act of 1937, (The inheritance rights are governed by Sharia and the share of females are less than males as mandated by Quran) etc.

Several other legislative efforts were made to uplift the women and give them a respectful and dignified position. Considering, the modern concept of gender inequality a debate has been started about the balance to be maintained between the men and women while empowering women. No legislation can be made blindly in favor of women with an object to empower them at the cost of men rights. This is an important debate as no reverse inequality is done with the men.

DISCRIMINATION AGAINST MEN:

Some men's advocacy groups have complained that the government discriminates against men through the use of overly aggressive laws designed to protect women. Although socially women have been at a disadvantage, Indian laws highly favor women. There is no recognition of sexual molestation of men and rarely the police stations lodge a First Information Report (FIR); men are considered the culprit by default even if it was the woman that committed sexual abuse against men. Women can jail husband's family for dowry related cases by just filing an FIR. The law IPC 498A demands that the husband's family be considered guilty by default, unless proven otherwise, in other words it implements the doctrine of 'guilty unless proven innocent' defying the universally practiced doctrine of 'innocent until proven guilty'. According to one source, this provision is much abused as only four percent of the cases go to the court and the final conviction rate is as low as two percent. Supreme Court of India has found that women are filing false cases under the law IPC 498A and it is ruining the marriages. Some parents state, "discrimination against girls is no longer rampant and education of their child is really important for them be it a girl or a boy." The Men's rights movement in India call for gender neutral laws, especially in regards to child custody, divorce, sexual harassment, and adultery laws. Men's rights activists state that husbands don't report being attacked by their wives with household utensils because of their ego. These activist petition that there is no evidence to prove that the domestic violence faced by men is less than that faced by women. STATE INITIATIVES TO REDUCE GENDER INEQUALITIES: Different states and union territories of India, in cooperation with the central government, have initiated a number of region-specific programs targeted at women to help reduce gender inequality over the 1989-2019 period. Some of these programs include Swarnajayanti Gram Swarozgar Yojana, Sampoorna Gramin Rozgar Yojana, Balika Samriddhi Yojana, National Programme of Nutritional Support to Primary Education (to encourage rural girls to attend primary school daily), National Programme for Education of Girls at Elementary Level, Sarva Shiksha Abyhiyan, Ladli Laxmi Yojana, Delhi Ladli Scheme and others.

GENDER INEQUALITY AND INTERNATIONAL LAWS:

Gender equality is at the very heart of human rights and United Nations values. A fundamental principle of the United Nations Charter adopted by world leaders in 1945 is "equal rights of men and women", and protecting and promoting women's human rights is the responsibility of all States. Yet millions of women around the world continue to experience discrimination: Laws and policies prohibit women from equal access to land, property, and housing Economic and social discrimination results in fewer and poorer life choices for women, rendering them vulnerable to trafficking Gender-based violence affects at least 30% of women globally Women are denied their sexual and reproductive health rights Women human rights defenders are ostracized by their communities and seen as a threat to religion, honour or culture Women’s crucial role in peace and security is often overlooked, as are the particular risks they face in conflict situations Moreover, some groups of women face compounded forms of discrimination - due to factors such as their age, ethnicity, disability, or socio-economic status - in addition to gender discrimination. Effectively ensuring women’s human rights requires, firstly, a comprehensive understanding of the social structures and power relations that frame not only laws and politics but also the economy, social dynamics and family and community life. Harmful gender stereotypes must be dismantled, so that women are no longer viewed in the light of what women "should" do and are instead seen for who they are: unique individuals, with their own needs and desires. Discrimination based on sex is prohibited under almost every human rights treaty - including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which under their common article 3 provide for the rights to equality between men and women in the enjoyment of all rights. In addition, there are treaties and expert bodies specifically dedicated to the realization of women's human rights:

The Convention on the Elimination of Discrimination Against Women (CEDAW) Considered the international bill of rights for women, the Convention defines what constitutes discrimination against women and sets an agenda for national action to end such discrimination. It was adopted by the United Nations in 1979 and came into force on 3 September 1981.

The CEDAW Committee Oversight of the Convention is the task of the Committee on the Elimination of Discrimination against Women, a group of 23 independent experts on women's rights from different States that have ratified the Convention. Countries that are parties to the Convention must submit reports detailing their compliance with its provisions every four years. The Committee (the treaty body) reviews those reports and may also hear claims of violations and inquire into situations of grave or systemic contraventions of women’s rights.

The Special Rapporteur on violence against women In 1994 the United Nations resolved to appoint a Special Rapporteur - an independent expert -- on the causes and consequences of violence against women. The Special Rapporteur investigates and monitors violence against women, and recommends and promotes solutions for its elimination.

The Working Group In 2010 the Human Rights Council established a Working Group on the issue of discrimination against women in law and in practice to promote the elimination of laws that discriminate against women and/or have a discriminatory impact on them.

Beside this, UN Charter in its preamble and Article 1 provides for equality among the all. Similarly, UDHR mandates for equality in its preamble and Article 7. Similar provision is found in the preamble and article 26-27 of ICCPR, which is binding over the states. Any derogation from the basic principles of equality on the basis of gender clearly violates the rights provided in them and its make state bound to follow and be liable to take appropriate actions against the person who violates it. REMEDIES The list of legislations as well as types of discriminations or inequalities may go on but the real change will only come when the mentality of men will change; when the male species of human beings would start treating women as equal and not subordinate or weaker to them. In fact not only men but women also need to change their mindset as through cultural conditioning they have also become part of the same exploitative system of patriarchy and are playing a supportive role in furthering men‟s agenda of dominating women. 2. The movement for Women empowerment where women can become economically independent and self-reliant is needed, where they can fight their own fears and go out in the world fearless. Strategies for advancement of women should be higher literacy, more formal education, and greater employment opportunity. In education it needs to be reducing primary and secondary dropout of female child. 3. In job opportunities there shall be reservation or expenditure or provision of services or special provisions. In governance all rights and all legal measures should be available for women protection and support. 4. Human rights education , know how to take control of their circumstance , help to achieve their own goals, helping themselves, enhancing their quality of life and motivating for lobbying or advocacy are also enablers for their advancement. 5. Collaborators such as NGO, policy makers, local leaders, information disseminators, health care providers, teachers and family members should help in the social advancement of women.

CONCLUSION: The efforts of both women and men would be able to found solutions to the problem of gender inequality and would take us all towards our cherished dream of a truly modern society in both thought and action and political inequalities between men and women in India. Various international gender inequality indices rank India differently on each of these factors, as well as on a composite basis, and these indices are controversial. India needs to deactivate the gender Inequality. The needs of the day are trends where girls are able not only to break out of the culturally determined patterns of employment but also to offer advice about career possibilities that look beyond the traditional list of jobs. It is surprising that in spite of so many laws, women still continue to live under stress and strain. To ensure equality of status for our women we still have miles to go. There is a need for an affirmative action to protect girls, young and elderly women from discrimination and violence, at the same time to establish their human rights. It must address the following areas of intervention. 1. Improve Women's Economic Capacities: Improve women's access to and control of income and assets, recognize her shared right to the family home, and incorporate the principle of division of community property in divorce laws. Productive assets and property are critical to strengthening the economic and social status of women, providing income opportunities and improved respect for women outside marriage and family. 2. Strengthen and expand Training and sensitization Programs: Programme designed to train, sensitize and inter-link those working at critical entry points to identify and treat abused women should be a priority, with one aim being increased accountability across institutions. Such programmes should be tailored for medical personnel, the judiciary, counseling and other support service providers. 3. Effective use of the Media to build Public Awareness: Mobilisation of communities around campaigns such as that for "Zero Tolerance of Violence" requires improved skills and capacity among NGOs to enter new forms of dialogue with journalists and media personnel to heighten awareness of human rights and their significance for addressing domestic violence. 4. Addressing violence against women through Education: Prevention of domestic violence ultimately depends upon changing the norms of society regarding violence as means of conflict resolution and traditional attitudes about gender. To achieve this, there must be introduction of gender and human rights in the curricula of schools, universities, professional colleges, and other training colleges. Along with this, there must be recognition and commitment to the principle of free compulsory primary and secondary education for girls.

GENDER STATISTICS:

The following table compares the population wide data for the two genders on various inequality statistical measures,and according to The World Bank's Gender Statistics database for 2012.

Gender Statistic Measure

Females

(India)

Males

(India)

Females

(World)

Males

(World)

Infant mortality rate, (per 1,000 live births)

44.3

43.5 2.6

37

Life expectancy at birth, (years)

68

64.5

72.9

68.7

Expected years of schooling

11.3

11.8

11.7

12.0

Primary school completion rate, (%)

96.6

96.3

Lower secondary school completion rate, (%)

76.0

77.9

70.2

70.5

Secondary school education, pupils (%)

46

54

47.6

52.4

Ratio to males in primary and secondary education (%)

0.98

1.0

0.97

1.0

Secondary school education, gender of teachers (% )

41.1

58.9

51.9

48.1

Account at a formal financial institution, (% of each gender, age 15+)

26.5

43.7

46.6

54.5

Deposits in a typical month, (% with an account, age 15+)

11.2

13.4

13.0

12.8

Withdrawals in a typical month, (% with an account, age 15+)

18.6

12.7

15.5

12.8

Loan from a financial institution in the past year, (% age 15+)

6.7

8.6

8.1

10.0

Outstanding loan from banks for health or emergencies, (% age 15+)

12.6

15.7

10.3

11.6

Outstanding loan from banks to purchase a home, (% age 15+)

2.26

2.35

6.6

7.4

Unemployment, (% of labour force, ILO method)

4

3.1

Unemployment, youth (% of labour force ages 15–24, ILO method)

10.6

9.4

15.1

13.0

Ratio to male youth unemployment rate (% ages 15–24, ILO method)

1.13

1.0

1.14

1.0

Employees in agriculture, (% of total labour)

59.8

43

Employees in industry, (% of total labour)

20.7

26

Self-employed, (% employed)

85.5

80.6

Cause of death, by non-communicable diseases, ages 15–34, (%)

32.3

33.0

29.5

27.5

Life expectancy at age 60, (years)

18.0

15.9