College: SOEL, Chennai.
In the world, India is a second - highly populated country. During ancient times, our ancestors had followed gender inequality. In these modern times, gender inequality is becoming gender equality. This is the reason to regulate the legal system in our country. Gender equality does not mean treating both sexes equally. It means giving the right to the respective sex. Due to gender inequality, we suffer not only personal liberty but also our economic growth. Break the barrier and fly throughout the world without gender inequality. Gender inequality is like drugs. Addiction to it can make us not to get out of it and the consequences are great in gender inequality. The only way to cure gender inequality is to follow the rules that can be stated in our law about gender equality. How and what to do to bring about gender equality? we will change ourselves according to our law. Law solves the mystery of gender inequality. To achieve gender equality requires the involvement of women, men, transgender people. It's our duty. What is the vision of our people about gender equality? Gender equality is about women's only but not like that…. We explain in detail about " Gender equality is not about women's and men's issue only, it's about the human issue" as per the law. We also make a comparison of another country and its legal provision. And also we included our ideas about gender equality as per the law in this paper.
Gender equality is not only about men and women , it also includes transgender. This is not a gender issue , this is come human issue( rights) under legal provision. Gender equality is a human right not a female right. Gender equality otherwise mean True equality. It is not the superiority of women it’s just equal status of women, men and transgender.
What is meant by gender?
The gender refers to in our society being a man, women and transgender is not simply a matter of biological and physical characteristics. In simple words, we define gender is the role of men, women, transgender in our society. The World Health Organization (WHO) define gender as: “Gender refers to the socially constructed characteristics of women and men, such as norms, roles, and relationships of and between groups of women and men. It varies from society to society and can be changed”. In our society gender faced expectation about dresses, behave and work. Gender thus differs from sex in that it is social and cultural in nature rather than biological.
Why is gender equality important?
Gender equality is when people of all genders have equal rights, responsibilities and opportunities. Everyone is affected by gender inequality - women, men, trans and gender diverse people, children and families. Equality between men and women exists when both sexes are able to share equally in the distribution of power and influence; have equal opportunities for financial independence, responsibility access to education and the opportunity to develop personal ambitions, interests and are completely free from coercion, intimidation and gender- based violence both at work and at home. Decision- making with regards to such issues as age at marriage, the timing of births, use of contraception, and recourse to harmful practices ( such as female genital cutting) stands to be improved with achieved. Gender equality and women’s empowerment do not mean that men and women become the same; only that access to opportunities and life changes is neither dependent on, not constrained by, their sex.
Gender equality is women’s Issue and also men's Issue:
Gender (in)equality concerns both women and men and has a strong impact on their daily lives. Historically gender equality policies have been contextualised mainly as a “women’s issue”
– as women have been a driving force behind gender equality strategies and struggles.
This view has contributed to the perception that women are the only ones who will benefit from a more equal society. In reality, also men benefit from gender equality as they too face genderspecific issues such as lower life expectancy, bad health, lower education levels and rigid gender norms. It is essential that both women and men are aware of the benefits that gender equality brings to them as individuals and as members of communities and societies. It is also true that we can only succeed through the participation of both women and men. Therefore it is important to engage more men in standing for gender equality for this is the way to bring about change. To do that it is also necessary to make men understand how gender equality is relevant for them.
Legal provisions of gender equality
Preamble to the Constitution mandates Justice - social, economic, and political equality of status.
Indian state defines civil person hood, sexual identity is a crucial and unavoidable category. They differ only by sex but the value are same.
Article 14 : Equality before law
The state shall not deny to any person equality before the law or the equal protection of the law within the territory of India prohibition of discrimination of grounds of religion, race, caste , sex or place of birth.
They are well explain in constitution by article 14 it explain Equal rights to men, women, transgender include right to vote, right to own property, right to marry, the right to claim a formal identity through a passport and a ration card, a driver's license, the right to education , employment, health so on.
Article 21 ensures right to privacy and personal dignity to all the citizens.
Article 15 speaks about the prohibition of discrimination on the ground of religion, race, caste, sex or place of birth.
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
Clause (3) , which permits special provision for women and children , has been widely resorted to and the court have upheld the validity of special measures of legislation or executing order favoring women . In particular ,provision in the criminal law, favour of women or in the procedural law discriminating in favour of women , have been upheld. The following decisions may be seen in this context :-
i. Girdhar vs State, AIR 1953 MB 147 ( Section 354 , Indian penal code)
ii. Yusuf vs State of Bombay AIR 1954 SC 321, 322 ( Section 497, Indian penal code)
iii. Choki vs State 1957 Raj 10 ( Bail)
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes
Article 23 prohibits trafficking in human being as beggars and other similar forms of forced labour.
Challenging 377: The judgment contradicts the findings of the Supreme Court in
Suresh Kumar Kosha in various ways. The main points include: Supreme Court judgement about 377 explains the homophobic attitude. Sec 377 has been used As an instrument of harrassment and physical abuse against women and transgender persons ,, thus refusing to meaningfully apply a fundamental rights analysis to it. Kosha’s infamous 'miniscule minority' argument nothing that transgender, even though insignificant in numbers, are still human beings and therefore they have every right to enjoy their Human Rights. This sec also clearly explain about Article 14.
EFFORTS TO FIGHT INEQUALITY:
Violence against women:
Women has cover more violence in their life circle. Women violence is a term used to collectively refer to some violent acts that are committed against women. These are mostly belong as holy base, patriarchal gender constructs. They have suffer and put more effort in inside and outside of marriage.. Such as dowry, child marriage, forced marriage. In some countries they are more suffer in gang murders, kidnapping, civil unrest. Vast majority of murdered women are killed by their partners. Some women's are morally struggle to cross their daily part of their life. In cultural practices women's cross most of their difficult parts. Always some stupid idea makes women to stay inside the house. womens put more efforts to make their own feet in the earth.
Violence against transgender :
Morley transgender people facing broad range violence in whole lifetime. They always face the " An Invisible Problem”. Most transgender women face institutional, emotional, and structural obstacles. Most of the trans gender lack in education, lack job opportunities, lack civil personality, so these tends them to beg others for their daily life. Most of them are homeless and most of them linked to sex work.
Violence against men :
Violence against men they are mostly trouble in their economics ways to overcome their family,, most of the men are arrest because of dowry payment. Because the police to willingly arrest husbands and their relative for committing crimes relating to dowry. Most of the husbands more worrying about their angry wives and facing daily problem. Men are to be a most strong pillar in their family so they had to cross all the stones and carbage which come across in their life.
In our society, to solve gender inequality is :
(1). We include sex education program as part of the school curricula that alters the heterosexist bias in education
(2)We give awareness about gender equality through media, youngsters , teachers and parents
(3) We define differentiate sex and gender because everyone know this one and also this one clearly understand there is no problem about gender equality.
 eige.europa.eu/men-and-gender- equality
 Article 14 of Indian constitution
 Article 15 of Indian constitution