NATIONAL SEMINAR ON EMPOWERING THE

MARGINALIZED COMMUNITIES: FROM THEORY TO

PRAXIS

Theme of the Paper: GENDER DISCRIMINATION

Submitted by:

Ayushi Dwivedi, B.A.LL.B(Hons.)

&

Arpita Yadav, B.A.LL.B(Hons.)

Hidayatullah National Law University, New Raipur,

Chhattisgarh

ABSTRACT

Gender equality is more than a goal in itself. It is a precondition for meeting the challenges of

reducing economic strains, promoting sustainable development and building a good society.

Though many studies have suggested the advent of legal, economic and societal leaps regarding

women rights, but women still continue to lag behind men when it comes to participation and

earnings in the workforce and in their status in the society. This is both a threat to the economic

growth and efficiency and to the upliftment and stability of the society as a whole. Women tend

to suffer violence at the hands of their intimate partners more often than men; women’s political

participation and their representation in decision making structures lag behind men’s; both

genders have different economic opportunities; women are over-represented among the poor;

and women and girls make up the majority of people trafficked and involved in the sex trade.

These issues need to be addressed in efforts to promote gender equality.

The past three decades have witnessed a steadily increasing awareness of the need to empower

women through measures to increase social, economic and political equity, and broader access to

fundamental human rights, improvements in nutrition, basic health and education. Better use of

the world’s female population could increase economic growth, reduce poverty, enhance societal

well-being, and help ensure sustainable development in all countries. Closing the gender gap

depends on enlightened government policies which take gender dimensions into account. This

paper is an attempt to analyze and study the social and economic threats to gender equality, the

positive influence of gender equality in these spheres, policies present and required for its

attainment and to put forward necessary recommendations. Our results call for reconsideration of

the worldwide famous debate on Gender Discrimination and its social, political and economic

perspectives.

What is Gender Discrimination?

Gender discrimination refers to the practice of granting or denying rights or privileges to a

person based on their gender. In some societies, this practice is longstanding and acceptable to

both genders. Certain religious groups embrace gender discrimination as part of their dogma.

However, in most industrialized nations, it is either illegal or generally considered inappropriate.

Sexism or gender discrimination is prejudice or discrimination based on a person's sex or

gender.1 Sexist attitudes may stem from traditional stereotypes of gender roles, and may include

the belief that a person of one sex is intrinsically superior to a person of the other.  A job

applicant may face discriminatory hiring practices, or (if hired) receive unequal compensation or

treatment compared to that of their opposite-sex peers. Extreme sexism may foster sexual

harassment, rape and other forms of sexual violence.

Attitudes toward gender discrimination can normally be traced back to the roots of certain

segments of society. Much of the discrimination is attributed to stories such as a woman being

made from man’s rib and societal practices such as dowries paid to fathers by prospective

husbands to purchase their daughters to be wives. Countless literary fiction references are made

to females being the fairer, weaker sex and males being the strong, invincible hunters of the

world.2 The combined power of these societal and religious beliefs left little room for equitable

thinking for centuries.

Although gender discrimination is traditionally viewed as a problem normally encountered by

females, it has significantly affected males as well. Jobs customarily and historically held mainly

by women were often denied to men based on social stigmas. Some of the more common jobs

that fell into this category were nurses, childcare providers and flight attendants.

In the past few decades, gender discrimination has gained respect as a serious affront. It is

frequently given as much credence as racial discrimination. Some countries and societies mete

out relatively harsh punishments to those convicted of gender discrimination.3

1 "Sexism - Definition and More from the Free Merriam-Webster Dictionary". Merriam-webster.com. August 31, 2012. Retrieved July 20, 2013.2 [Doob, Christopher B. 2013. Social Inequality and Social Stratification in US Society. Upper Saddle River, NJ: Pearson Education, Inc.]

In countries where it's considered an affront, gender discrimination is also often difficult to

prove. It is normally not as overtly evident as racial discrimination since the offender can claim

other reasons a person was denied equal consideration. For instance, if a male claims he was not

hired as a nurse based on his gender, the employer can simply maintain his qualifications were

substandard or his personality was not a good fit with the rest of the staff. Such ambiguities

frequently make it hard to prove gender discrimination.

In cases where the discriminatory act is repeated, legal action is customarily taken. These

incidents commonly revolve around persons of a certain gender being summarily passed over for

promotions by the same company. Another common scenario involves a gender-defined group

being paid less for performing exactly the same job as the other gender.

Educational institutions and lending institutions were some of the first segments accused of this

type of discrimination. Grants, loans and scholarships promoted as non-gender specific

sometimes heavily favored one gender for reasons that were often more traditional than

malicious. Bankers were once commonly instructed by their superiors to deny females loans and

mortgages based on their gender and regardless of their assets or credit histories.

Causes of Gender Discrimination

3 Macionis, Gerber, John, Linda (2010). Sociology 7th Canadian Ed. Toronto, Ontario: Pearson Canada Inc.. pp. 298.

The causes of gender discrimination are

Educational backwardness

Caste

Religious beliefs

Culture

On the name of family history

Customs and beliefs

Low income

Unemployment

Society

Family situation and Attitudes

Like male or even above them female plays important role in the family and national

development. But her contribution is not recognized by the male dominant society.

EXAMPLES

Girls: Household Servants

When a boy is born in most developing countries, friends and relatives exclaim congratulations.

A son means insurance. He will inherit his father's property and get a job to help support the

family. When a girl is born, the reaction is very different. Some women weep when they find out

their baby is a girl because, to them, a daughter is just another expense. Her place is in the home,

not in the world of men. In some parts of India, it's traditional to greet a family with a newborn

girl by saying, "The servant of your household has been born."

A girl can't help but feel inferior when everything around her tells her that she is worth less than

a boy. Her identity is forged as soon as her family and society limit her opportunities and declare

her to be second-rate.

A combination of extreme poverty and deep biases against women creates a remorseless cycle of

discrimination that keeps girls in developing countries from living up to their full potential. It

also leaves them vulnerable to severe physical and emotional abuse. These "servants of the

household" come to accept that life will never be any different.

Greatest Obstacles Affecting Girls

Discrimination against girls and women in the developing world is a devastating reality. It results

in millions of individual tragedies, which add up to lost potential for entire countries. Studies

show there is a direct link between a country's attitude toward women and its progress socially

and economically. The status of women is central to the health of a society. If one part suffers, so

does the whole.

Tragically, female children are most defenseless against the trauma of gender discrimination.

The following obstacles are stark examples of what girls worldwide face. But the good news is

that new generations of girls represent the most promising source of change for women and men

in the developing world today.

Dowry

In developing countries, the birth of a girl causes great upheaval for poor families. When there is

barely enough food to survive, any child puts a strain on a family's resources. But the monetary

drain of a daughter feels even more severe, especially in regions where dowry is practiced.

Dowry is goods and money a bride's family pays to the husband's family. Originally intended to

help with marriage expenses, dowry came to be seen as payment to the groom's family for taking

on the burden of another woman. In some countries, dowries are extravagant, costing years'

worth of wages, and often throwing a woman's family into debt. The dowry practice makes the

prospect of having a girl even more distasteful to poor families. It also puts young women in

danger: A new bride is at the mercy of her in-laws should they decide her dowry is too small.

UNICEF estimates that around 5,000 Indian women are killed in dowry-related incidents each

year.

Neglect

The developing world is full of poverty-stricken families who see their daughters as an economic

predicament. That attitude has resulted in the widespread neglect of baby girls in Africa, Asia,

and South America. In many communities, it's a regular practice to breastfeed girls for a shorter

time than boys so that women can try to get pregnant again with a boy as soon as possible. As a

result, girls miss out on life-giving nutrition during a crucial window of their development,

which stunts their growth and weakens their resistance to disease.

Statistics show that the neglect continues as they grow up. Young girls receive less food,

healthcare and fewer vaccinations overall than boys. Not much changes as they become women.

Tradition calls for women to eat last, often reduced to picking over the leftovers from the men

and boys.

Infanticide and Sex-Selective Abortion

In extreme cases, parents make the horrific choice to end their baby girl's life. One woman

named Lakshmi from Tamil Nadu, an impoverished region of India, fed her baby sap from an

oleander bush mixed with castor oil until the girl bled from the nose and died. "A daughter is

always liabilities. How can I bring up a second?" said Lakshmi to explain why she chose to end

her baby's life. "Instead of her suffering the way I do, I thought it was better to get rid of her."

Sex-selective abortions are even more common than infanticides in India. They are growing ever

more frequent as technology makes it simple and cheap to determine a fetus' gender. In Jaipur, a

Western Indian city of 2 million people, 3,500 sex-determined abortions are carried out every

year. The gender ratio across India has dropped to an unnatural low of 927 females to 1,000

males due to infanticide and sex-based abortions.

China has its own long legacy of female infanticide. In the last two decades, the government's

infamous one-child policy has weakened the country's track record even more. By restricting

household size to limit the population, the policy gives parents just one chance to produce a

coveted son before being forced to pay heavy fines for additional children. In 1997, the World

Health Organization declared, "…more than 50 million women were estimated to be 'missing' in

China because of the institutionalized killing and neglect of girls due to Beijing's population

control program." The Chinese government says that sex-selective abortion is one major

explanation for the staggering number of Chinese girls who have simply vanished from the

population in the last 20 years.

Abuse

Even after infancy, the threat of physical harm follows girls throughout their lives. Women in

every society are vulnerable to abuse. But the threat is more severe for girls and women who live

in societies where women's rights mean practically nothing. Mothers who lack their own rights

have little protection to offer their daughters, much less themselves, from male relatives and

other authority figures. The frequency of rape and violent attacks against women in the

developing world is alarming. Forty-five percent of Ethiopian women say that they have been

assaulted in their lifetimes. In 1998, 48 percent of Palestinian women admitted to being abused

by an intimate partner within the past year.

In some cultures, the physical and psychological trauma of rape is compounded by an additional

stigma. In cultures that maintain strict sexual codes for women, if a woman steps out of bounds

by choosing her own husband, flirting in public, or seeking divorce from an abusive partner she

has brought dishonor to her family and must be disciplined. Often, discipline means execution.

Families commit "honor killings" to salvage their reputation tainted by disobedient women.

Appallingly, this "disobedience" includes rape. In 1999, a 16-year-old mentally handicapped girl

in Pakistan who had been raped was brought before her tribe's judicial counsel. Although she

was the victim and her attacker had been arrested, the counsel decided she had brought shame to

the tribe and ordered her public execution. This case, which received a lot of publicity at the

time, is not unusual. Three women fall victim to honor killings in Pakistan every day including

victims of rape. In areas of Asia, the Middle East, and even Europe, all responsibility for sexual

misconduct falls, by default, to women.

Labor

For the young girls who escape these pitfalls and grow up relatively safely, daily life is still

incredibly hard. School might be an option for a few years, but most girls are pulled out at age 9

or 10 when they're useful enough to work all day at home. Nine million more girls than boys

miss out on school every year, according to UNICEF. While their brothers continue to go to

classes or pursue their hobbies and play, they join the women to do the bulk of the housework.

Housework in developing countries consists of continuous, difficult physical labor. A girl is

likely to work from before daybreak until the light drains away. She walks barefoot long

distances several times a day carrying heavy buckets of water, most likely polluted, just to keep

her family alive. She cleans, grinds corn, gathers fuel, tends to the fields, bathes her younger

siblings, and prepares meals until she sits down to her own after all the men in the family have

eaten. Most families can't afford modern appliances, so her tasks must be done by hand—

crushing corn into meal with heavy rocks, scrubbing laundry against rough stones, kneading

bread and cooking gruel over a blistering open fire. There is no time left in the day to learn to

read and write or to play with friends. She collapses exhausted each night, ready to wake up the

next morning to start another long workday.

Most of this labor is performed without recognition or reward. UN statistics show that although

women produce half the world's food, they own only 1 percent of its farmland. In most African

and Asian countries, women's work isn't even considered real labor. Should a woman take a job,

she is expected to keep up all her responsibilities at home in addition to her new ones, with no

extra help. Women's labor goes overlooked, even though it is crucial to the survival of each

family.

SexTrafficking

Some families decide it's more lucrative to send their daughters to a nearby town or city to get

jobs that usually involve hard labor and little pay. That desperate need for income leaves girls

easy prey to sex traffickers, particularly in Southeast Asia, where international tourism gorges

the illegal industry. In Thailand, the sex trade has swelled without check into a main sector of the

national economy. Families in small villages along the Chinese border are regularly approached

by recruiters called "aunties" who ask for their daughters in exchange for six years' wages. Most

Thai farmers earn only $150 a year. The offer can be too tempting to refuse.

The girls who are forced into prostitution to support their families often feel their burden deeply.

"When I was at work, 50 percent of me hated what I was doing," said one 14-year-old girl, who

felt conflicted about being taken out of a brothel in Chiang Mai, Thailand. "But the other 50

percent wanted to stay so that I could earn money for my parents. My father cannot work. He is

very old and I must support the family. It is my job."

It's estimated that 1 million children around the world are involved in the sex trade; a third of all

sex workers in Southeast Asia are between the ages of 12 and 17.

Girls' Education: Breaking the Pattern of Gender Discrimination

Education is the tool that can help break the pattern of gender discrimination and bring lasting

change for women in developing countries.

Educated women are essential to ending gender bias, starting by reducing the poverty that makes

discrimination even worse in the developing world. The most basic skills in literacy and

arithmetic open up opportunities for better-paying jobs for women. Uneducated women in rural

areas of Zambia, for instance, are twice as likely to live in poverty as those who have had eight

or more years of education. The longer a girl is able to stay in school, the greater her chances to

pursue worthwhile employment, higher education, and a life without the hazards of extreme

poverty.

Women who have had some schooling are more likely to get married later, survive childbirth,

have fewer and healthier children, and make sure their own children complete school. They also

understand hygiene and nutrition better and are more likely to prevent disease by visiting health

care facilities. The UN estimates that for every year a woman spends in primary school, the risk

of her child dying prematurely is reduced by 8 percent.

Girls' education also means comprehensive change for a society. As women get the opportunity

to go to school and obtain higher-level jobs, they gain status in their communities. Status

translates into the power to influence their families and societies.

Even bigger changes become possible as girls' education becomes the cultural norm. Women

can't defend themselves against physical and sexual abuse until they have the authority to speak

against it without fear. Knowledge gives that authority. Women who have been educated are half

as likely to undergo harmful cultural practices such as female genital mutilation (FGM) and four

times as likely to protect their daughters from it. The Global Campaign for Education also states

that a primary education defends women against HIV/AIDS infection—disproportionately high

for women in developing countries—by giving "the most marginalized groups in society—

notably young women—the status and confidence needed to act on information and refuse

unsafe sex."

FGM and HIV/AIDS are too large to adequately address in this article, but they represent

desperate challenges to the basic health and well-being of women in developing countries.

Gender discrimination in India

In India, discriminatory attitude towards men and women have existed for generations and affect

the lives of both genders4. Although the constitution of India has granted men and women equal

rights, gender disparity still remains.

There is specific research on gender discrimination mostly in favour of men over women. Due to

a lack of objective research on gender discrimination against men, it is perceived that it is only

women who are suffering. The research often conducted is selectively sampled, where men are

left out of the picture. Women are perceived to be disadvantaged at work, and conclusions are

drawn that their capabilities are often underestimated.

Importance of Women in Development

Females are nearly 50 per cent of the total population but their representation in public life is

very low. Woman continues to bear the major load of the household work. Her primary role is

often viewed by the society as housewife.

In cardinal goals of democracy “of the people, by the people and for the people” cannot be

optimically accomplished if the female population remains out of political empowerment.

Subordination of women in society acts a structural constraint to their participation in political

activities. This constraint operates more or less for all classes and communities of women.

Prevalent culture which is very complicated and often decisions are taken behind the scene may

be regarded as another constraint in this regard.

Recognising women’s rights and believing their ability are essential for women’s empowerment

and development. Females should realize their own capabilities and potentials which will

strengthen their self image and foster them with confidence to take action in life5. Political

4  "Chronic Hunger and the Status of Women in India". Thp.org. Retrieved 2013-09-105  "The EU’s Contribution to Women’s Rights and Women’s Inclusion: Aspects of Democracy Building in South Asia, with special reference to India" (PDF). Retrieved 2012-09-10

empowerment does not imply just a right to role silently but to discuss, share and empower

politics by knowing its pros and cons and thereby to influence policies and decision making6.

Empowering women is the basic to the basics of human rights where she wants neither to beg for

power nor search for power hierarchy to exercise power against others. On the contrary she

demands to be accepted as human first of all. She as a person in command of herself and for that

necessarily all the resources physical, social, economical, political, cultural and spiritual be

equally accessible to her, are prerequisites for the purpose of empowerment.

Indian society is inherited with male chauvinism but now the society has started to realize

women’s importance and has being accepted women’s empowerment, women as an active agent

for development, participation in and guiding their own development.

Legislation for Women

In India, several laws, legislations, policies and institutional reforms have been enacted to carry

out the gender action plan for the development of women. Legislation is an important instrument

for bringing about a change in the unequal economic and social status in India. In pre-

independent India, few laws were passed in response to social demands and on the basis of

humanitarian consideration. They are Bengal Sati Regulation Act of 1829 and similar Anti-Sati

laws in Madras and Bombay, Hindu Widow Remarriage Act 1856, the Hindu Women’s Right to

Property Act in 1937, (The Muslim Personal Law) the Shariat Act 1937 and the Dissolution of

Muslim Marriages Act 1939.

After Independence, there have been important changes in legislation and litigation which have

facilitated the increased participation of women in political activities as well as in the socio-

economic development activities and the increase appear to be more likely at the lower level than

at the highest centres of decision making.

Article 14 of Indian Constitution says that the state shall not deny to any person equality before

or equal protection of the law, Article 15 says that no women can be discriminated against on the

6  "Gender Discrimination and Growth: Theory and Evidence from India" (PDF). Retrieved 2013-09-10.

ground of sex, Article 15 (3) emphasis that the state shall make special provisions for women

and children and Article 16 provides equality of opportunity in matters relating to employment

by the state.

In Article 39(a) emphasis that the citizens men and women equally, have the right to an adequate

means of livelihood, in Article 39(d) it says that the state should secure equal pay for equal work

for both men and women and in Article 34 it provides that the state shall make provision for

securing just and humor humane for work and for maternity relief. The 73rd and 74th

Amendments of Indian Constitution in 1993 are the milestone in the history of India, which

provides lot of powers for the local bodies. It paves the way for decentralisation, empowers the

poor people as well as women7.

According to these amendments not less than one third of the seats, meant for direct election of

members at each tier of Panchayats are to be reserved for women and not less than one-third of

the seats of chairperson at any level reserved for women

SOLUTIONS

7 India's unwanted girls". BBC News. 2013-05-23.

Various movements, programmes are being carried out by the Government, voluntary

organizations and by lot of social activities for women’s development and against the gender

discrimination.

To solve the gender discrimination problem the E4SD factor would be very useful. They E4SD

factors are

1. Education

Education develops the skills, imparts knowledge, changes the attitude and improves the self

confidence. It provides employment opportunity and increases income. Hence educating women

is the prime factor to combat gender discriminate and for the upliftment of women.

Not only the female, the society must be educated to give equal right for female.

2. Employment

Employment gives the income and improves the economic position of the women. Employed

women are given importance by the family members. Employment gives the economic

independence for the women.

3. Economic Independence

In India, mostly, women in the young age – depends her father, in the middle age- she depends

on her husband and in the older age – depends on her son. Woman always depends on somebody

for her livelihoods hence, independent in economical aspects are imperative for women’s

development.

Economic independence will free the women from the slavery position and boost the self

confidence. Economic independence of women also helps in the national economic development.

4. Empowerment

Empowering women with the help of laws, education and employment will make the society to

accept the women as an equal gender like male. Female also has all the potential and

empowering women will help to use her full capability and mitigate the economic dependency of

women.

5. Self-confidence

Due to prolonged suppresment, Indian women, an especially uneducated and unemployed

woman hasn’t had the self-confidence. Women need self confidence to fight against all the

atrocities against her and to live self esteemed life. Hence, boosting the morale and self

confidence of the women, is the key to eliminate the inferior complex of her.

6. Decision Making

Even in the family as well as in the society the decision making power of women is denied.

Mostly males make the importance decision in the family and in the society. This makes women

as voice less and destroys herself confidence and she feels less important in the family as well as

in the society. So, to end gender discrimination women must empower with decision making

power.

Conclusion

A nation or society, without the participation of women cannot achieve development. If we

eliminate gender discrimination, women will deliver all the potentials, skills, knowledge to

develop the family, the nation and the whole world.

Sustainable development can only be achieved through long-term investments in economic,

human and environmental capital. At present, the female half of the world’s human capital is

undervalued and underutilized the world over. As a group, women – and their potential

contributions to economic advances, social progress and environmental protection – have been

marginalised. Better use of the world’s female population could increase economic growth,

reduce poverty, enhance societal well-being, and help ensure sustainable development in all

countries. Closing the gender gap depends on enlightened government policies which take

gender dimensions into account.