Gender Inequalities In Indian Laws

Profile of the Author - Anjali Chaudhary is a fifth year law student from Alliance School of law, Bangalore.

INTRODUCTION

Gender inequality pertains to the economic, educational and political inequalities between men and women in India. [1] The issue of gender inequality is a multifaceted issue which not only affects women when it crawls into our laws, but men are also made subject to it. Though there are laws on discrimination and injustice done to women regarding dowry, domestic violence, and rape but these practices are still running their course in the country which the society needs to pay attention to. They not only portray women in a weaker position as compared to men but also cause chronic mental disorders in women which law takes no cognizance of. Though Article 15 of the Constitution of India ensures no discrimination and the preamble also aims to provide equality, there are laws which reinforce gender inequality which is further explained in this article. [2]

THE SOCIETAL IDEA OF GENDER PRIORITIES – A REALITY CHECK

India has shown an alarming situation regarding the child sex ratio and the decline in the number of girls as compared to boys. According to the 2011 census, there are only 919 girls per 1000 boys. According to the analysts, the predominant reason feeding this issue is the preference given to sons as compared to daughters. [3] This issue owes to the old societal practices such as payment of a hefty amount of cash and gold jewellery as dowry as an essential requirement to marry the daughters off. This is how the Indian laws have failed to get to grips with discrimination between men and women and promoted it because of the poor implementation of the laws which already exist. [4]

THE ILLUSION OF GENDER EQUALITY IN INDIAN LAWS

There are some laws in the country that clearly give preference to men over women and promote gender inequality. A few of them have been explained further. 

Abortion laws

The Medical Termination of Pregnancy Act, 1971 does not allow the women who have been impregnated as a result of rape to abort the fetus if it has been more than 20 weeks. The act takes no cognizance of the mental trauma it causes to women while having to carry the child of her rapist. The laws of the nation lack a legal framework in this situation which also amounts to injustice to women. 

Polygamy laws in favour of men

Polygamy was followed in India during medieval times as well as initial contemporary times as it was portrayed in a neutral light by the society, but it was made illegal in 1956. [6]

The Polygamy laws of Goa allows a man to get remarried if the couple is not able to conceive a ‘male child’ from their marriage. [7] So, if a man doesn’t have a son from his first marriage, he is allowed by the law to marry another woman. In Muslim community, men are permitted to marry more than once, while continuing their previously performed marriages. This exhibits that the concept of gender equality is only celebrated until it constrains itself to the books. 

Succession laws

Women in India have been discriminated against succession rights since ages owing to the non-uniformity of the Inheritance laws in India. [11] Tthe 2005 amendment of the Hindu Succession act made a daughter an equal partner in the joint family property but the rules of inheritance of a man’s property vary from that of a woman’s property. Section 16 Rule 1 indicates that if a woman dies intestate and has no husband or children her property will go to her husband’s heirs and only if they are not alive, the property will devolve upon her father’s heirs and only lastly to her mother’s heirs. [12]

A woman is not given equal rights under the Hindu minority and Guardianship act. A father is only considered as the ‘natural’ guardian of the offspring according to section 6 of the Hindu Minority and Guardianship Act.

CONCLUSION

The societal idea of gender roles has embedded in our understanding of policy-making which makes it hard to break the monotony. Identification of the main problem and finding of the possibilities of change is required in the system. The concept of gender inequality should be shown no tolerance and equity must be practiced. 

Reconsideration of these laws and timescale perspectives is the need of the hour. It is high time to remove all the disadvantages related to gender roles which have crept into the law.

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References

[1] The Global Gender Gap Report 2013, World Economic Forum, Switzerland <http://www3.weforum.org/docs/WEF_GenderGap_Report_2013.pdf> accessed 01-Aug-2020

[2]Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, The Constitution of India, 1949. 

[3] Nita Bhalla, Indian Laws reinforce gender inequality, UN study finds (Reuters, Nov 14, 2013) <https://www.reuters.com/article/india-girls-laws/some-indian-laws-reinforce-gender-inequality-un-study-finds-idINDEE9AD0B120131114> accessed 01-Aug-2020

[4] Joan Wallach Scott, The persistence of Gender inequality (2018) <https://www.ias.edu/ideas/scott-gender-inequality> accessed 03-Aug-2020

[5] Selective abortions of girls in India (UNFPA, 2011) <https://www.unfpa.org/resources/trends-selective-abortions-girls-india>  accessed 03-Aug-2020

[6] Desh Kapoor, Polyandrous family customs in India (The Patheos, Aug 23, 2008) <https://www.patheos.com/blogs/drishtikone/2008/08/polyandrous-family-customs-india/> accessed 04-Aug-2020

[7] Article 3 of the Code of Usages and Customs, December 16, 1880; Portuguese code of 1867.

[8] Vulnerable Daughters in India: Culture, Development and Changing Contexts. Routledge, 2011 (pp. 11-12). Accessed -4-Aug-2020

[9] Maternal Health (UNICEF) <https://www.unicef.org/india/what-we-do/maternal-health> accessed 04-Aug-2020

[10] Rudrani Gupta, India to revise Legal Marriage Age (SheThePeople, June 13, 2020)<https://www.shethepeople.tv/news/india-revise-legal-marriage-age-2/> accessed 04-Aug-2020

[11] Riju Mehta, Rights of women (Economic Times, July 29, 2019) <https://economictimes.indiatimes.com/wealth/plan/inheritance-rights-of-women-how-to-protect-them-and-how-succession-laws-vary/articleshow/70407336.cms?from=mdr> accessed 04-Aug-2020

[12] Gender inequalities in Personal laws (The Hindu, Oct 31, 2016) <https://www.thehindu.com/news/national/Many-gender-inequities-in-personal-laws/article15880303.ece> accessed 04-Aug-2020