GENDER INEQUALITY

GENDER INEQUALITY

GENDER INEQUALITY

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(Political science, major)Semester IIIRoll no.14

HIDAYATULLAH NATIONAL LAW UNIVERSITYRAIPUR, C.G.

ACKNOWLEDGEMENT

I am highly elated to carry out my research this topic, Gender Inequality. I would like to give my deepest regard to my course teacher Dr. Ayan Hazra, who held me with his immense advice, direction and valuable assistance, which enabled me to march ahead with this topic. I would like to thank my friends, who gave me their precious time for guidance and helped me a lot in completing my project by giving their helpful suggestion and assistance. I would like to thank my seniors for their valuable support. I would also like to thank the library staff and computer lab staff of my university for their valuable support and kind cooperation.

Semester III

Table Of Contents

1. objectives........................42. research methodology.......43. hypothesis...54. Introduction............ 65. GENDER INEQUALITY............................................ 8

6. TYPES OF GENDER INEQUALITIES.....................147. THEORATICAL ASPECT OF GENDER INEQUALITY..............128. conclusion..............159. bibliography.....................18

OBJECTIVES

1. To study the gender stratification in the society.

2. To analyze the feminist and male chauvinist attitude of the people.

3. To co-relate the subjective aspects of the theories and the practical observations.

4. To criticise various types of inequalities in different fields like religion, property etc.

RESEARCH METHODOLOGY

The research is based on secondary sources. Literature review has been done extensively in order to make a comprehensive presentation. Books from the universitys library have been used. Computer from the computer laboratory of the university has been used for the purpose. Articles from journals and material available on internet have also been used.

HYPOTHESIS

A. Gender StratificationOnce men and women are polarized, they are then ranked. Gender stratification refers to the ranking of the sexes in such a way that women are unequal in power, resources, prestige, or presumed worth. At the same time, both women and men are denied the full range of human and social possibilities. The social inequalities created by gender differentiation have far-reaching consequences for society at large (Eitzen, 2000:247).

B. GenderGender refers to the social identity of men and women. It cannot be understood at the level of individual (Eitzen, 2000:247).

C. SexSex refers to one's biological identity (Eitzen, 2000:247).

D. A Feminist Approach (feminism)"A Feminist Approach is one which supports of women's equality. Feminism is the study of gender with the goal of changing society to make women and men equal.

E. SexismSexism is the assertion that one sex is innately superior or inferior to the other.

F. Sexual harassmentSexual harassment refers to comments, gestures, or physical contact of a sexual nature that are deliberate, repeated, and unwelcome.

INTRODUCTION

Woman is the complement of man, and not inferiorMahatma Gandhi

Man and woman are both equal and both play a vital role in the creation and development of their families in a particular and the society in general. Indeed, the struggle for legal equality has been one of the major concerns of the womens movement all over the world. In India, since long back, women were considered as an oppressed section of the society and they were neglected for centuries. During the national struggle for independence, Mahatma Gandhi gave a call of emancipation of women. He wrote I am uncompromising in the matter of womens rights. The difference in sex and physical form denotes no difference in status. Thus, the first task in post-independent India was to provide a constitution to the people, which would not make any distinctions on the basis of sex. The preamble of constitution promises to secure to all its citizens- Justice- economical, social, and political

The constitution declares that the equality before the law and the equal protection of laws shall be available for all. Similarly, there shall be no discrimination against any citizen on the ground of sex. Article 15(1) guarantees equalities of opportunities for all citizens in matters of employment. Article 15(3) provides that the state can make any special provisions for women and children. Besides, directive principle of state policy which concern women directly and have a special bearing on their status directly and have a special bearing on their status include Article 39(a) right to an adequate means of livelihood; (d) equal pay for equal work both men and women, (e) protection of health and strength of workers men, women, children and Article 42 provides for just and humane conditions of work and maternity relief.

In India, since independence, a number of laws have been enacted in order to provide protection to women. For instance the Dowry prohibition Act 1961, The Equal Remuneration Act 1986, The Hindu Marriage Act 1956, The Hindu Succession Act 1956, The Muslim Women (Protection of Rights on Divorce) Act, 1986, the commission of Sati (prevention) Act 1987, Protection of the Women from Domestic Violence Act 2005, etc. But, the laws have hardly implemented in their letter and spirit.

The sense of insecurity, humiliation and helplessness always keep a women mum. Our whole socialisation is such that for any unsuccessful marriage which results in such violence or divorce, it is always the woman, who is held responsible. Cultural beliefs and traditions that discriminate against women may be officially discredited but they continue to flourish at the grass root levels. Family relations in India are governed by personal laws. The four major religious communities are Hindu, Muslim, Christian and Parsi each have their separate personal laws. They are governed by their respective personal laws in matters of marriage, divorce, succession, adoption, guardianship and maintenance. In the laws of all the communities, women have fewer rights than that of man in corresponding situations. It is really that women of the minority communities in India continue to have unequal legal rights and even the women of the majority community have yet to gain complete formal equality in all aspects of family life. This is basically the problem of gender inequality.

GENDER INEQUALITY

Gender inequality refers to disparity between individuals due to gender. It emerges from differences in both socially constructed gender roles as well as biologically through chromosomes, brain structure, and hormonal differences. Gender systems are often dichotomous and hierarchical; binary gender systems may reflect the inequalities that manifest in numerous dimensions of daily life. Gender inequality stems from distinctions, whether empirically grounded or socially constructed.

Income disparity between genders stems from processes that determine the quality of jobs and earnings associated with jobs. Earnings associated with jobs will cause income inequality to take form in the placement of individuals into particular jobs through individual qualifications or stereotypical norms. Placement of men or women into particular job categories can be supported through the human capital theories of qualifications of individuals or abilities associated with biological differences in men and women[footnoteRef:2]. Conversely, the placement of men or women into separate job categories is argued to be caused by social status groups who desire to keep their position through the placement of those in lower statuses to lower paying positions. [2: National Sample Survey Office (2011) Employment and Unemployment Situation in India 2009-2010 New Delhi, National Statistical Organisation, Government of India]

Human capital theories refer to the education, knowledge, training, experience, or skill of a person which makes them potentially valuable to an employer.[footnoteRef:3] This has historically been understood as a cause of the gendered wage gap but is no longer a predominant cause as women and men in certain occupations tend to have similar education levels or other credentials. Even when such characteristics of jobs and workers are controlled for, the presence of women within a certain occupation leads to lower wages[footnoteRef:4]. This earnings discrimination is considered to be a part of pollution theory. This theory suggests that jobs which are predominated by women offer lower wages than do jobs simply because of the presence of women within the occupation. As women enter an occupation, this reduces the amount of prestige associated with the job and men subsequently leave these occupations. The entering of women into specific occupations suggests that less competent workers have begun to be hired or that the occupation is becoming deskilled. Men are reluctant to enter female-dominated occupations because of this and similarly resist the entrance of women into male-dominated occupations.[footnoteRef:5] [3: Michael G. Peletz, Gender, Sexuality and Body Politics in Modern Asia Ann Arbor, MI: Association for Asian Studies, 2011.] [4: Cotter, David, Joan Hermsen, and Reeve Vanneman The American People Census 2000: Gender Inequality at Work. New York: Russell Sage Foundation, 2000.] [5: Macionis, Gerber, John, Linda (2010). Sociology 7th Canadian Ed. Toronto, Ontario: Pearson Canada Inc.. pp. 35]

The gendered income disparity can also be attributed in part to occupational segregation, where groups of people are distributed across occupations according to ascribed characteristics; in this case, gender. Occupational gender segregation can be understood to contain two components or dimensions; horizontal segregation and vertical segregation. With horizontal segregation, occupational sex segregation occurs as men and women are thought to possess different physical, emotional, and mental capabilities. These different capabilities make the genders vary in the types of jobs they are suited for. This can be specifically viewed with the gendered division between manual and non-manual labour[footnoteRef:6]. With vertical segregation, occupational sex segregation occurs as occupations are stratified according to the power, authority, income, and prestige associated with the occupation and women are excluded from holding such jobs. [6: Reed, Evelyn. Woman's Evolution: From Matriarchal Clan to Patriarchal Family. New York, 1975]

TYPES OF GENDER INEQUALITIES

a. Natality InequalityIn this type of inequality a preference is given for boys over girls that many male-dominated societies have, gender inequality can manifest itself in the form of the parents wanting the newborn to be a boy rather than a girl. There was a time when this could be no more than a wish (a daydream or a nightmare, depending on one's perspective), but with the availability of modern techniques to determine the gender of the foetus, sex-selective abortion has become common in many countries. It is particularly prevalent in East Asia, in China and South Korea in particular, but also in Singapore and Taiwan, and it is beginning to emerge as a statistically significant phenomenon in India and South Asia as well.

b. Professional or Employment Inequality In terms of employment as well as promotion in work and occupation, women often face greater handicap than men[footnoteRef:7]. A country like Japan and India may be quite egalitarian in matters of demography or basic facilities, and even, to a great extent, in higher education, and yet progress to elevated levels of employment and occupation seems to be much more problematic for women than for men. The example of employment inequality can be explained by saying that men get priority in seeking job than women. [7: Crawford, M. & Unger, R. (2000). Women and Gender: A feminist psychology (3rd ed.). Boston, MA: McGraw-Hill Companies Inc.]

c. Ownership Inequality In many societies the ownership of property can also be very unequal. Even basic assets such as homes and land may be very asymmetrically shared. The absence of claims to property can not only reduce the voice of women, but also make it harder for women to enter and flourish in commercial, economic and even some social activities.[footnoteRef:8] This type of inequality has existed in most parts of the world, though there are also local variations. For example, even though traditional property rights have favoured men in the bulk of India. [8: Waring, Marilyn, If Women Counted: A New Feminist Economics,San Francisco: Harper & Row, 1988.]

d. Household Inequality There are often enough, basic inequalities in gender relations within the family or the household, which can take many different forms. Even in cases in which there are no overt signs of anti-female bias in, say, survival or son-preference or education, or even in promotion to higher executive positions, the family arrangements can be quite unequal in terms of sharing the burden of housework and child care. It is, for example, quite common in many societies to take it for granted that while men will naturally work outside the home, women could do it if and only if they could combine it with various inescapable and unequally shared household duties. This is sometimes called "division of labour," though women could be forgiven for seeing it as "accumulation of labour." The reach of this inequality includes not only unequal relations within the family, but also derivative inequalities in employment and recognition in the outside world. Also, the established fixity of this type of "division" or "accumulation" of labour can also have far-reaching effects on the knowledge and understanding of different types of work in professional circles.

e. Special Opportunity Inequality Even when there is relatively little difference in basic facilities including schooling, the opportunities of higher education may be far fewer for young women than for young men. Indeed, gender bias in higher education and professional training can be observed even in some of the richest countries in the world, in India too. Sometimes this type of division has been based on the superficially innocuous idea that the respective "provinces" of men and women are just different.

THEORATICAL EXPLANATION OF INEQUALITIESFour criteria which must be fulfilled to explain gender-specific inequalities in particular:

a. The inequalities concerning women are a very complex social phenomenon and therefore, on the basis of theoretical assumption, no aspect of it must be excluded from analysis. b. Gender-specific inequalities cannot be derived from the beginning from other inequalities. How much these inequalities are closely bound up with other principles of distribution is a question concerning empirical facts.

c. The theoretical explanation should be contingent and not consider only priori-defined factors (e.g. patriarchy, capitalism or their combination).

d. The explanation should also be able to explain the changes in the situation of women.

In sociological theory from the beginning, the explanation of social inequalities was seen as one of the core tasks of class theories. According to this theoretical tradition (the most influential theories are those of Karl Marx and Max Weber), society is composed of several clearly definable major groups which are hierarchically-related to each other. This hierarchy manifests itself in unequal access to life chances in different groups and perhaps only partially in the development of common attitudes and social identity within these groups. Because of its importance for access to life chances, class constitutes a reference point for its members interpretation of the social situation, the "subjective" aspect of class. Another basic aspect is the assumption that the development of classes (and social strata) depends on the occupational structure. Put more precisely, the criterion for belonging to a certain social class is the position occupied at work, or a given feature of that position, such as control over the work of others[footnoteRef:9]. The argument for the centrality of work and employment is the assumption that these domains constitute the core mechanisms and functional prerequisites of society. [9: Laslitt, Barbara, Ruth-Ellen B. Joeres, Mary Jo Maynes, Evelyn Brooks Higginbotham, and Jeanne Barker-Nunn, ed. History and Theory: Feminist Research, Debates, Contestations (University of Chicago Press, 1997)]

From the point of view of class theories, the existence of gender-based inequalities cannot be easily integrated. The discussion about these inequalities and their exclusion from mainstream theories began in the 1970s as a consequence of the womens movement and the growing integration of feminist scientists into the academic discourse. Because class theories derive the causes of social inequalities from the employment structure (although they state the reasons for the centrality of this structure in a different way), they cannot become aware of other and different causes of inequalities. Despite knowing the empirical facts of gender inequalities, the situation of women was not discussed in the context of theoretical considerations. From the point of view of class theories, women cannot be seen as a group in their own right, and inequalities concerning women either cannot be acknowledged at all (e.g. discrimination in the family) or they remain located on the fringe of central social processes which deal more with relations between social classes. [footnoteRef:10] [10: Jackson, Destined for Equality, p.2.]

The first influential formulation on this to appear in class theory is by Schumpeter (1953, 158), who expressly stated that "the family, not the physical person is the true individual in class theory." This position defined the direction that further sociological theory and research would take: husbands, integrated in the work sphere, determined the class status of their families as their representatives. Theories of social inequality apparently naturally conceived as theories of class or stratification were thus distorted from the very beginning regarding the relationship between the two genders. Social inequalities were defined with reference to the male half of the population. [footnoteRef:11]Women were a "remainder", whose social position could not be explained by the central mechanisms governing the distribution of life chances, but could via additional functions (in particular the reproductive one).[footnoteRef:12] [11: Janet Gornick and Marcia Meyers, Gender Equality: transforming family divisions of labor, volumeVI in the Real Utopias Project (London and New York: Verso, 2009).] [12: Khanna, Ranjana (2003). Dark Continents: Psychoanalysis and Colonialism. Duke University Press.]

Feminist scientists were the ones who made the absence of research into gender-specific discrimination within sociological theory a topic of discussion. They developed various approaches for overcoming the existing unsatisfactory theoretical solutions. The first attempt to comprehend the unequal social situation of men and women concentrated on the concept of "patriarchy". Walby defines patriarchy as "a system of social structures and social practices in which men dominate, oppress and exploit women"[footnoteRef:13]. This concept descriptively draws attention to ways men discriminate and exploit women. It helps illuminate the unfavourable position of women in relation to men, and it unquestionably also has explanatory power concerning several inequalities, for example in the family or communicative processes. [13: Feminist Legal Theory: Readings in Law and Gender ed. by Katharine T. Bartlett and Rosanne Kennedy (Harper Collins, 1992), ISBN 978-0-8133-1248-4]

But patriarchy fails as a general explanatory principle. It does not take into account the multiple causes which influence womens situation. Explanation by patriarchy supposes intentional acts of suppression and the homogeneity of men. It makes the role women play in reproducing their unfavourable situation invisible. Patriarchy as a universal principle of explanation does not take into consideration the unintentional consequences of human actions or the routines of everyday life. On the other hand, it also does not differentiate between inequalities based on the explicit intention of discriminating against women and those gender-neutral inequalities where women can be replaced by other groups with still lower access to life chances (low positions in the hierarchy of work, now often occupied by foreign workers).

CONCLUSION

The most significant factor in continued use of law to enforce patriarchal privilege is that men still control not only the legal process and the interpretation of laws, but also the subject matter and vantage point of law. If the subject matter of law is male concerns and if the perspective employed within the legal process are those of men, then women should actually have no reason to expect that mere reform of existing law will materially improve the condition of women. This is particularly true when attempts to improve the statutes of women are made through incremental reforms that are not grounded in an understanding of how womens oppressions are constructed. Reforms of rape law will not materially improve the status of women when the point of rape laws is there no enforcement.

It has been shown that law is strictly restricted in it capacity to deliver gender justice, which in itself is contingent on the nature of law and its functioning. In this connection it is worthwhile to recall that the law itself is not a monolithic entity, which simply progresses or regresses. Historically, the development of law has been an uneven one. That is to say, more than not, what law promises on paper cannot carry through in reality. That is why law-as-legislation and law-in-practice are most of the time in contradiction with each other. To cite an example, the Indian constitution explicitly enshrines formal equality for women. However, the lives and experiences of India women relentlessly continue to be characterized by substantive inequality, inequity and discrimination.

Gender justice may not be then that much of a caste in the sky. Finally, one must at least clearly suggest what ought to be done. The present feminist analysis is such a modest endeavour which not only attempts to understand the reality but also tries to explain how to change it.

Fight for gender equality is not a fight against men. It is a fight against traditions that have chained them a fight against attitudes that are ingrained in the society it is a fight against system a fight against proverbial laxshman Rekha which is different for men and different for women. The society must rise to the occasion. It must recognize & accept fact that men and women are equal partners in life. They are individual who have their own identity

This problem has many measures out of which some of the simple one is stated below (except legislative and judicial Solutions).

Changes at District level mechanismA clear cut administrative should be made available at the district level for monitoring and reviewing the incidence of inequality against women. This district level machinery headed by District Magistrate should consist of representatives of police, prosecution machinery, judiciary and the representatives of prominent individuals of womens organizations in the Districts. This committee should review progress of investigation and prosecution. At least one special cell should be created at the district level for ensuring better registration and progress of investigation and monitoring of crimes against gender equality. This special cell should network with community groups and womens organizations and help to create an atmosphere in which people would feel encouraged to freely report the cases of gender injustice. At present, most, non-reporting of the cases is due to lack of confidence in enforcement machinery.

Changes at State level Mechanism Similarly, like District level mechanism there should be State level machinery at the State level in which there should be special entry for those cases which needs prompt actions. This institution will make a full control over the district level machinery. So that there should nit be any corruption or fraud with innocent persons.

Law of Torts An area of civil wrong is tort law. Tort law is probably one of the most underutilised areas of the law with respect to the problem of gender injustice. The torts that are directly applicable are:Assault, Battery, Unlawful imprisonment, Nuisance, Tort of harassment, Tort of Medical pre- natal test It means that there can be punishment under tort law also.

Sensitization of Criminal Justice system The police officers, prosecutors, and judges at all levels of hierarchy need to be exposed to the gender equality education which would enlighten them on existing assumptions, myths and stereotypes of women and how these can interfere with fair and equitable administration of justice. Judicial system should comprise of all types of officers i.e. from judiciary i.e. judges, police officers and which should take immediate action in serious cases.

Family Law Another of wrong is family law also. In this accused can be punished under Domestic Violence Act, 2005 and Dowry Prohibition Act, 1987 other laws relating to family disputes. The suit/ case can be filed for domestic violence or any other household wrong.

BIBLIOGRAPHY AND INTERNET REFRENCES

1. National Sample Survey Office (2011). Employment and Unemployment Situation in India 2009-2010. New Delhi, National Statistical Organisation, Government of India.

2. Michael G. Peletz, Gender, Sexuality and Body Politics in Modern Asia. Ann Arbor, MI: Association for Asian Studies, 2011.

3. Cotter, David, Joan Hermsen, and Reeve Vanneman. The American People Census 2000: Gender Inequality at Work. New York: Russell Sage Foundation, 2000.

4. Reed, Evelyn. Woman's Evolution: From Matriarchal Clan to Patriarchal Family. New York, 1975

5. Waring, Marilyn, If Women Counted: A New Feminist Economics,San Francisco: Harper & Row, 1988.

6. Jackson Destined for Equality, p.2.

7. Khanna, Ranjana (2003). Dark Continents: Psychoanalysis and Colonialism. Duke University Press.

8. Feminist Legal Theory: Readings in Law and Gender ed. by Katharine T. Bartlett and Rosanne Kennedy (Harper Collins, 1992), ISBN 978-0-8133-1248-4

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