google.com, pub-7314354026449841, DIRECT, f08c47fec0942fa0 Gender Equality: A Human Right, Problems in India, Violations and Punishments ~ Aalamban Charitable Trust & WHRO

Sunday, 3 August 2025

Gender Equality: A Human Right, Problems in India, Violations and Punishments


Introduction: Gender Equality as a Human Right

Gender equality is not just a social demand; it is a fundamental human right enshrined in international laws and India’s Constitution. It means that individuals of all genders enjoy the same rights, responsibilities, and opportunities in every sphere of life – from education and employment to personal liberty and political participation.

Globally, gender equality is protected under the Universal Declaration of Human Rights (Article 1 and 2) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In India, Article 14, 15, and 16 of the Constitution guarantee equality before law and prohibit discrimination on the basis of sex.


Current Problems in India

Despite strong legal frameworks, India faces several deep-rooted challenges:

1. Sex Ratio Imbalance

·         According to the 2011 Census, the child sex ratio (0-6 years) was 919 girls per 1000 boys.

·         Female foeticide and sex-selective abortions still persist in many states.

2. Gender-Based Violence

·         Crimes such as domestic violence, dowry deaths, marital rape, acid attacks, and honour killings continue.

·         NCRB (National Crime Records Bureau) data shows a woman is raped every 16 minutes in India.

3. Workplace Inequality

·         Women face wage disparity, fewer leadership opportunities, and widespread sexual harassment.

·         Female labour force participation rate remains low (~20%).

4. Educational Inequality

·         Girls in rural areas still face high dropout rates due to early marriage, menstruation-related stigma, or lack of safety.

·         Access to digital education remains unequal.

5. Underrepresentation in Politics

·         Women's representation in the Lok Sabha is only around 14% — far below global averages.

6. Cultural and Social Bias

·         Patriarchal mindsets, preference for sons, and gendered roles in family continue to marginalize women and LGBTQ+ individuals.


Violations of Gender Rights

Gender rights are violated when:

·         A girl is denied education.

·         A woman is paid less than a man for the same work.

·         LGBTQ+ persons are harassed or denied housing.

·         Victims of sexual assault are shamed or denied justice.

·         A man is mocked for expressing emotions or choosing non-traditional roles.

These acts not only violate Constitutional guarantees but also contradict basic human dignity.


Punishments for Gender Rights Violations in India

India has enacted various laws with punishments for gender-based violations:

๐Ÿ”น Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

·         Penalties include dismissal from service and monetary compensation.

๐Ÿ”น Indian Penal Code (IPC)

·         Section 354: Assault or criminal force to woman with intent to outrage her modesty — Punishable with up to 5 years’ imprisonment.

·         Section 376: Rape — Minimum 10 years to life imprisonment.

·         Section 498A: Cruelty by husband or relatives — Up to 3 years in prison.

·         Acid Attacks (Sec 326A): Minimum 10 years to life.

๐Ÿ”น Dowry Prohibition Act, 1961

·         Asking or giving dowry — Imprisonment up to 5 years and fine.

๐Ÿ”น Protection of Women from Domestic Violence Act, 2005

·         Provides for restraining orders, monetary relief, and safe shelter.

๐Ÿ”น Transgender Persons (Protection of Rights) Act, 2019

·         Penalizes discrimination and denial of services — Up to 2 years imprisonment for offenders.


Efforts and Way Forward

1.      Legal Reforms: More stringent implementation, gender-neutral laws, marital rape to be criminalized.

2.      Awareness Campaigns: Promote equality through schools, media, and workplaces.

3.      Education & Empowerment: Focused policies for women’s education, skilling, and entrepreneurship.

4.      Men’s Role: Engage boys and men in promoting equality, breaking stereotypes.

5.      Political Representation: Women's Reservation Bill must be enacted for equal participation.

6.      Safety and Mobility: Safer public transport and streets are key to gender freedom.


Conclusion

Gender equality is not a "women's issue" — it is a societal issue, a human issue. True development is impossible without ensuring equal rights, opportunities, and protections for all genders.

Let us move beyond tokenism, break the barriers of patriarchy, and build a nation where “equal rights” translate into equal realities.

Team WHRO- 7827481957/ 8178461020/

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