Unit-1

SEX AND GENDER

What is sex? What is Gender? How to differen ate between these two concepts?
Why is it important to dis nguish both these concepts? Let us know about the
concepts sex and gender. Sex is the biological differences between female and male,
at a basic level. Human beings are either born as male or female for the most part,
although there is a very small segment of babies that present a mixed anatomical
distribu on. Biological differences of female and male reflect in the chromosomes
(Male chromosomes are XY and Female Chromosomes are XX), sex organs, hormones
and other physical features. We need medical interven ons in order to change the
sex. When we think of biology and biological difference we also need to keep in mind
that biology like other areas of knowledge is also not absolute or fixed. The instance
or occurrence of intersex should make us aware of the dangers of biological
essen alism.
GENDER ROLES As we
already read in the previous
sec on, biological
differences between sexes
do not normally change
unless there is a medical
interven on. However,
women and men perceive
their own characteris cs,
roles and responsibili es in a
par cular way which does
not flow out of sexual
difference. It is assigned to
them based on the perceived
differences that is, it is a
social construc on. These roles differ in different socie es based on the cultural
system that is prevailing there e.g. patriarchy. Gender roles demand that ac vi es
assigned to men and women are based on these differen al percep ons. The role
differences similarly lead to selec ng occupa ons. Gender roles and responsibili es
vary among cultures and can change over me. For example, in India, unskilled
labour is considered “women’s work” while in Africa it is “men’s work.” In Europe and
the United States, the contribu ons of men in domes c ac vi es are becoming
increasingly important and visible. Based on the roles and ac vi es of men and
women, the needs of the women and men differ.
MASCULINITY
The word Masculinity derives from La n word ‘masculinus (male person/male) and
masculus (male). The word first used in 14th century to denote ‘male sex’. The word
used more to refer the characteris cs of men. The masculine characters are
powerfulness, strength, force, manhood and manliness. The scholarly work on
masculini es in 1960s and 1970s understood that the perceived and internalized
a ributes determine masculine iden ty. The cultural norms and values acquired
through socializa on process may influence the acquiring of masculine characteris cs
like aggression, ambi on, analy cal ability and asser veness. The scholarly paper
wri en by Raewyn Connell in 1979 (Connell 1983), discussed the social construc on
of bodies in the boys. Boys give importance to sports in the school years. They
concentrate on development of physique, force and strength. He further elaborated
that the drive towards developing masculine a ributes among boys and men is an
important part of the socializa on process.
FEMININITY
It is culturally constructed collec on of quali es, behaviours, appearance, a ributes,
features, characteris cs, postures associated with women. It is not natural but is
constructed and socially produced. The French philosopher Simone de Beauvoir
(1949) wrote that ‘one is not born, but rather becomes, a woman’. According to
Judith Butler in the performa vity theory, the repeated acts of performance create
the illusion of femininity that becomes naturalised and constructs gender and
feminine quali es/iden es The study on femininity concentrates on neo liberalism,
culture, caste and other social structures and how these structures inhibit women’s
freedom, opportuni es, oppression and gender inequali es. For example, women are
the driving force behind employment in European Union recently. S ll there is gender
gap in pay parity (www.ec.europa.eu; European Commission). The following table
gives you the picture of gender inequality in India.
PATRIARCHY
Patriarchy is defined as rule of male/father. It is considered as an ins tu on. The
patriarchal ins tu ons perpetutate domina on of male and subordinates the female.
The dominant power rela ons operate at different levels in the society and
discriminate against female and girls at all levels. This discrimina on not only leads to
curtailing of opportuni es and undermining of women’s agency, it may produce
violence against women. Patriarchy further demarcates and insists that the private
sphere is for women and the public sphere is for men. The public private dichotomy
forces women to be confined at home and restricts their movements. It further
enforces women to perform domes c roles as mother and wife. It also restricts
women’s entry to poli cs and decision making level. These restric ons have
important consequences for women’s material independence and access to
educa on. Patriarchal norms are prevalent in social structures like family, society,
poli cs, government, media and religion. In the patriarchal society, the inheritance of
wealth passes to the son and it is called patrilineage. In the patriarchal tradi on and
patrilocal system, women are supposed to come to husband’s house and live there
a er marriage.
SEXUAL DIVISION OF LABOUR
The objec ve of development is to improve the living condi ons of society as whole.
This presupposes that the status of women will necessarily improve along with the
development of the society, especially economic development. But the researches
conducted since Ester Boserup’s pioneering study Women’s Role in Economic
Development (1971) proved that this generally held assump on is wrong. Indeed
women’s status deteriorated in many aspects. Women who represent, one half of the
world’s popula on have been discriminated in the past and in the present based on
an unequal sexual division of labour at home and outside. There are different
perspec ves about the origin of male favoured sexual division of labour in the
society. Tradi onalists argue that sexual division of labour as natural, god-given,
complementary and teleologically even essen al for the con nuance of human race.
For them it is originated due to the biological differences between male and female
and its roots are in the prehistoric cultures. Women’s biological weakness is said to
have been at the base of the social ins tu onlaisa on of harder jobs for men and
simpler household chores for women. But the heterogeneity of the sexual division of
labour across me and space, cultures, regions and classes within the same society
refutes the case for biological determinism (Vina Mazumdar and Kunmud Sharma).
Another view is that the subordina on of women by men is the basis on which early
civiliza on has formed and that the sexual division of labour has maintained a
reciprocal state of dependency between the sexes. The conven onal percep on on
sexual division of labour based on gender dis nc on between that of female and
male sex is that of home making and bread winning. This is based on the
presump on that the primary role of women is home making and this is what women
used to do from me immemorial. And the role a ributed to men is to meet the
survival needs of the rest of the family. Easter Boserup’s (1970) pioneering analysis of
women’s agricultural roles and the impact of economic development on gender roles
challenged this centuries-old percep on. According to her the development of
human society from subsistence economies to high tech socie es was a gradual
change from family produc on to specialized produc on using be er technologies
and scien fic methods and increasingly elaborate economic and social infrastructure.
construc on of Sexuality
Sexuality… Is strongly influenced by gender, caste, class, religion and regioni.e.it is
socially constructed is not fixed, but mutable and fluid is diverse (what I might love
you might hate) And has posi ve and nega ve dimensions Each of these a ributes
can be analyzed further.
Diversity Construc on of Gender and Sexuali es What shapes our sexual desires,
which we are a racted to and how we a ain sexual sa sfac on varies from individual
to individual. Generally, it is assumed that a rac on can only happen between men
and women. However, since desires are fluid, a rac on can happen between any two
individuals, both men and women.
Pain and Pleasure: The terms that come to one’s mind with the word sexuality are
love, desire, sexual pleasure, sexual orienta on, shame, taboo, pain, sexual violence,
rape, hesita on, rules, norms, societal sanc ons etc. Some of these are posi ve
emo ons and others nega ve i.e. some gives pain and other pleasure. It is however
the painful aspects of sexuality that is o en talked about in public i.e. violence, rape,
shame, taboo etc. The pleasure or posi ve aspects are rarely discussed in public. It is
for this reason that ques ons of sex and sexuality is most misunderstood and
shrouded in mystery, taboo, guilt, and other nega ve emo ons.
Socially constructed
The following explains how sexuality is socially constructed. Who experiences sexual
desire: This issue is strongly influenced by the reproduc ve and eugenics logic. Those
outside reproduc ve age are either considered to be asexual or their sexual desires
are considered to be unacceptable or inappropriate. Similarly, the reproduc ve
capaci es of differently able people are considered undesirable and their sexuali es
are negated. Socio-culturally, desire is supposed to be expressed between a man and
a woman, preferably of the same caste, class and religion and in certain parts of the
country of a different gotra (sub caste).
 Unit-2
Family as a gendered ins tu on
Reproduc on and the Family One of the important func ons of the family is the
reproduc ve func on. Men and women come together through the socially
sanc oned ins tu on of marriage in order to channelise their sexuality in socially
approved rela onships and to have children thus ensuring genera onal con nuity.
The Domes c Division of Labour In a short but influen al ar cle en tled ‘A Note on
the Division of Labour by Sex’, Judith Brown (1970) asked the ques on about whether
there was something universal about the kind of work done by women across
socie es. Surveying an array of ethnographic materials on division of labour by sex,
Brown suggested that it was women’s responsibility for the bearing and rearing of
young children that determined the nature of division of labour by sex. If women
undertook work that was dangerous, kept them away from their children for long
periods or interrupted their childcare du es, it would threaten the survival and well-
being of their children.
Sexuality Marriage is the ins tu onal mechanism through which sexual ac vity and
procrea on are regulated. While sexuality may seem to be a highly personal, private
ma er concerning the individual, anthropologists and sociologists maintain that
sexual behaviour is socially and culturally learnt. It is also highly variable, as the
ethnographic record shows. In many pre-modern socie es, sexuality is ghtly
controlled and rule-bound, due to the requirements of inheritance and the
establishment of paternity. The history of wealthy and aristocra c groups in different
socie es reveals the importance placed on ‘legi mate heirs’ and inheritance.
Heteronorma vity When we speak about sexuality being as much a social construct
as a personal choice, it follows that there is a certain ‘norma ve’ kind of sexuality
that society endorses and approves, i.e. hetero-sexual rela onships.
Before you read this sec on, try this mental exercise. Try to recall the earliest
memories of your childhood and the first me you became aware of gender. When
was the first me you thought of yourself as a ‘
We have earlier noted that family systems are not sta c; they respond to and
simultaneously impact other social ins tu ons. In contemporary mes, the State has
played a major role in the affairs of the family; the state mandated programme to
control popula on and limit family size, for example has had a dis nct impact on
reproduc ve behaviour and choices. The enactment of legisla ons pertaining to
family ma ers like marriage, divorce, inheritance, adop on, prohibi on of dowry,
preven on of domes c violence etc. demonstrate that the demarca on between the
‘private’ and ‘public’ realms is rather ar ficial.
Family as a site of violence
The intermingling of the power rela ons amongst different members of the society
forms the basis of patriarchy. These power rela ons can be between men and
women, amongst two men or two women. As discussed before, power is an
underlying feature in a patriarchal se ng and plays a role of utmost importance to
safeguard the interests of patriarchy. The power can lie with the mother of the family
and even she can oppress her children or daughter-in-law in terms of financial or
physical independence or dowry. Such power rela ons reproduce the dominance of
patriarchy which contributes towards gender-based violence. Such dominance and
violence further maintains the status quo of power– vis-a-vis crude forms of
oppression, like violence; and subtle ones, like law; to perpetuate inequality.
The United Na ons General Assembly adopted the Conven on on the Elimina on of
Discrimina on against Women (CEDAW) on December 18th, 1979 as a women’s Bill
of Rights to take all appropriate measures to ensure the full development and
advancement of women, for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedom on a basis of equality with
men. The conven on entered into force in 1981 and has been ra fied by over 100
countries. India ra fied it in 1993. The CEDAW defines gender-based violence as
“violence that is directed against a woman because she is a woman or that affects
women dispropor onately”. This includes acts that inflict physical, mental or sexual
harm or suffering, the threat of such acts, coercion and other depriva ons of liberty.
Together with “sexual violence” and “violence against women”,” gender-based
violence” is used interchangeably.
1.physical, sexual and psychological violence occurring in the family and in the
community, including ba ering, sexual abuse of female children, dowry-related
violence, marital rape, female genital mu la on and other tradi onal prac ces
harmful to women; 2.non-spousal violence; 3.violence related to
exploita on; 4.sexual harassment and in mida on at work, in
educa onal ins tu ons and elsewhere; 5.trafficking in women;
6.forced pros tu on; and 7.violence perpetrated or condoned by the
State.

   Social s gma a ached with crimes related to women: In a male dominated

society, women’s crimes are downplayed as women are not independent enough to
take their own decisions and are therefore at the mercy of their parents, in-laws or
other male members of the family. This is one of the major causes for non-repor ng
of familial crimes. Shame, embarrassment, or desire to keep the assault a private
ma er also forms to be a cause. Humilia on or fear of the perpetrator or other
individual’s percep ons: Many of the crimes related to women go unreported also
because they are threatened by the perpetrators, aiming to harm them more or their
families. This, in addi on to the lack of a deterrent mechanism leads to under
repor ng of crimes against women. Lack of trust in the criminal jus ce system: The
snail paced judicial system such as the Indian Judicial System is also one of the main
reasons that women, even educated women fail to report crimes against them.
Women as honour and shame of caste, religion, clan
The ‘honour’ in the killings is defined in a patriarchal sense, since men as key
perpetrators avenge their honour lost through the unacceptable conduct of women.
While this is true, it is a one-sided recogni on of vic ms and perpetrators. This paper
explores how men are vic ms and women are perpetrators of honour killings based
on caste. Societal norms are stringent in controlling not only choices of women in
marriage but also of men. It is not only women’s interac on and marriage with men
of ‘other’ castes but that of men with women of ‘other’ castes that draws conten on.
The rule of caste endogamy alludes to shared purity of blood and lineage through
physiological blood linkages. This is ensured through restric on of marriage within
the same caste. This is achieved through control over women’s sexuality and
reproduc ve role. The burden of endogamy is borne mostly by women, since the
strictures against them for marrying outside or contrac ng sexual rela onships
outside the caste order are far more violently exercised than those on men. This is
true for women of all castes (V.Geetha, 2007: 95)
The aspect of ‘honour’ a ached to the killings is an English connota on of the
indigenous idea of reinsta ng honour, but only a ributed to ‘higher’ and dominant
castes, a result of their hegemonic power. As perpetrators, it is men, and not women
of powerful castes who occupy majority numbers in caste panchayats which order
the killings. It is only their singular no on of honour which they imposed on the
collec ve through threat of violence. They a empt to embed their version of honour
in the collec ve conscience. Collec ve conscience is defined by Durkheim as,
The use of the term ‘honour’ in the context of honour killing ini ates varied
reac ons, both in reflec ng con nuity as well as changes across caste, class and the
rural-urban spectrum. This indicates differences in caste and gender norms in India.
For perpetrators, under customary laws, the killings are jus fied as collec vely
designated punishment for breaking caste norms. For others, Cons tu onal Laws
designates the killings as murder. Families of vic ms at mes give in to the decisions
of the khap panchayats out of fear. They do not necessarily accept that marriages
outside of conven onal caste norms qualify as crime and the killings as apt
punishment.
WOMEN’S MOVEMENTS IN unit-3
INDIA SINCE THE 1970s In the post Independence period during the first few decades,
the major concern was for overall economic growth. This was immediately followed
by another decade, which witnessed an increased concern for equity and poverty
allevia on. Gender issues were subsumed in poverty related concerns and there
were no specific programs which aimed at women. Women during this period were
involved in such movements like the law and famine relief movement but did not
start to pick up issues involving their oppression un l the 1970s. NGOs and other
such organisa ons from the 70s started emphasising on women’s development and
provided women avenues of collec vely voicing their concerns. These grass root
organisa ons have ques oned the welfare approach to women and incorporated an
empowerment par cipatory approach. While ques ons about the success of these
organisa ons are o en raised, it is o en seen that women exposed to some amount
of mobilisa on show great poten ali es, recep veness and defining capaci es .
Ideals of equal status and important provisions for the welfare of women were
incorporated into the Indian cons tu on, while the pre-independent legisla ve acts
con nued to be in force. The cons tu on guaranteed equal rights to both the sexes.
Ar cle 15 and Ar cle 16 (2) of the cons tu on forbids discrimina on and accepts all
as equal in the eyes of the law (Ar cle 14). In the early 1950s a series of legisla ons
such as the Hindu Marriage Act, Hindu Succession Act, Dowry Prohibi on Act and
Equal Remunera on Act were passed.
Autonomous women’s movements emerged during the interna onal women’s
decade which provided an opportunity towards a en on on women’s issues. In
1975, March 8th was celebrated as interna onal women’s day for the first me.
Important features of the women’s autonomous movement are that women
organised themselves and led the movements and fought against oppression,
exploita on, injus ce and discrimina on. The women’s organisa ons that emerged
during the autonomous movement period could be divided into six categories:
i) Autonomous groups whose main propaganda is agita on and to raise
consciousness. ii) Grass root or mass based organisa ons
like trade unions, agricultural labourers’ organisa ons, democra c groups, tribal
organisa ons etc. in which women’s issues like wife bea ng, sexual harassment by
the landlords, alcoholism of men have been taken up. iii) Groups that
concentrate on providing services, shelter homes etc. to needy women.
iv) Professional women’s organisa ons such as doctors, lawyers etc. that seek to
agitate against discrimina on and more o en create alternate channels for
professional ac vity. v) Women’s wings or fronts of the poli cal par es.
vi) Groups involved in research and documenta on on women’s issues.
Campaigns by women’s movement around 1960s and 70s – An – Price, An - Dowry
In India, the colonial rule and the freedom struggles marked the beginning of an
awakening among the women of the na on (Indu Agnihotri, 1995). Necessity is the
mother of all inven ons and the necessity to mobilize women at large scales was felt
during the freedom struggles where the struggle against coloniza on overshadowed
caste, creed, sex, religion, and race. Women in India owing to the social and cultural
set up were missing in public par cipa on in almost every domain un l the freedom
struggle movements gave them a pla orm. The public par cipa on of women during
the freedom struggle could have been a spark for a new social order wherein women
could have taken leadership roles and could have moved up in the socio-economic
hierarchy. However, this spark was doused before it became fire, owing to
longstanding, unchallenged, and powerful clutches of patriarchy. Progress in terms of
mobiliza on of women into women's movement groups lost its momentum despite
the adop on of a cons tu on that advocated no ons of equality. A male-dominated
poli cal structure and a patriarchal society pushed women back into their veils.
However this does not imply that there was a vacuum in the domain of women's
movements, but it would not be improper to conclude that due to the
aforemen oned condi ons these movements could not form the basis of spurring
agita ons (Indu Agnihotri, 1995) in the immediate post-independence era. The
resurgence of women's movements that caught public a en on was seen in the late
'60s and '70s (Indu Agnihotri, 1995).
Caste, gender and class intersec ons
Points of Departure The Lohia view on the intersec onality of the four power factors
of signifi cance in the making of the Indian ruling class and the need for crea ng a
social alliance and poli cal front to achieve equality and prosperity was the fi rst
formula on in post-colonial India con nec ng all the major circles of exclusion –
gender, caste, class and language. It presented a mul dimensional, differen ated and
graded view of the structure of inequali es and exploita ons. His analysis also
presented the new possibility of building an egalitar ian and rejuvenated social order
through unity and collec ve ac on. Lohia determined that nearly 90% of the Indian
people were vic ms of one form or the other of depriva on and injus ce (1964a). His
approach was very different from other egalitarian and progressive theories because
it provided a holis c and inter connected view of the present pa ern of power and
an op mis c vision of the future.
Patriarchal state and rights of women
Poli cal rights cons tute right to vote, right to contest in the elec on, right to
campaign and take part in poli cal life, peaceful assembly, associa on etc. Civil rights
are those rights that cons tute free and equal ci zenship in democracy. They are
basic rights such as right to life, liberty, equality, freedom of speech and expression,
freedom of religion, access to informa on etc. they are also known as first genera on
rights. Civil and poli cal rights ensure the protec on of the ci zens from interference
from others.
Most important socioeconomic rights cons tute rights to food, shelter, medical care,
employment, work, social security etc. they are also popularly known as second
genera on rights or welfare rights: These rights are vital for complete development
and fullpar cipa on in the society.They ensure the well being of the ci zens.Formally
all these rights and securi es should be equally available to women. However, in
reality, women are more or less marginalized. They are treated as second class
ci zens. Indian Cons tu on provides equal rights to all its
ci zens. It grants poli cal rights to women on equal standing with men under the
universal adult suffrage. There is list of fundamental Rights includingRight to
Equality,Right toFreedom, Right of Religion, Right against Exploita on etc.
Laws to Prevent Crimes Against Women A number of laws exist to protect women
from their abuse and crime. Some of the important laws are Equal Remunera on Act,
Preven on of Immoral Traffic Act, the Sa (Widow burning) Act, and the Dowry
Preven on Act. Dowry Prohibi on Law declares giving or taking dowry as a
punishable offence. If the bride dies under suspicious condi on within one year of
her marriage, the husband and in-laws are the prime suspect and may get
punishment if proved guilty.
Na onal Commissions and the NGOs Most of the na ons have their Na onal
Commissions on Women's Rights. These commissions are set up to see the
implementa on of rights of women. For example, in India, Na onal Commission of
Women (NCIW) work for women's rights and empowerment. Youwill read in detail
about this commission in Unit 11of this course. Along with this State Commissions on
Women's Rights exist at state level. In addi on to the government appointed
agencies, there are women's organiza ons like SEWA., (Self Employed Women's
Associa on), AIDWA (All India Democra c Women's Associa on), Na onal Council of
Women in India, Kali for Women, Saheli, Jagori etc. They are commi ed for achieving
democracy,equality and women's emancipa on.
 Unit-4
The Na onal Commission for Women
In keeping with its mandate, the Commission ini ated various steps to improve the
status of women and worked for their economic empowerment during the year
under report. The Commission completed its visits to all the States/UTs except
Lakshdweep and prepared Gender Profiles to assess the status of women and their
empowerment. It received a large number of complaints and acted suo-moto in
several cases to provide speedy jus ce. It took up the issue of child marriage,
sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed
laws such as Dowry Prohibi on Act, 1961, PNDT Act 1994, Indian Penal Code 1860
and the Na onal Commission for Women Act, 1990 to make them more stringent and
effec ve. Breif history The Na onal Commission for Women was set up as
statutory body in January 1992 under the Na onal Commission for Women Act, 1990
( Act No. 20 of 1990 of Govt.of India) to review the Cons tu onal and legal
safeguards for women; recommend remedial legisla ve measures, facilitate redressal
of grievances and advise the Government on all policy ma ers affec ng women.
All Women Police Sta on
The aim of this ar cle is to highlight the role of women police organiza on in Tamil
Nadu. India is a land of paradox in which opposites co-exist and contradic ons thrive.
On the one hand, our scriptures regard women as the goddess, the embodiment of
love and affec on. But on the other, she is in a subordinate posi on at home and
society without an independent iden ty.1 No wonder the Indian women cons tu ng
48.2 per cent of the popula on remain and are treated as second-class ci zens.
Though Government of India and State Governments are taking many earnest steps
gender equality is only on paper. Can we bring gender equality in our society
Induc ng more women in law enforcing departments is one of the ways to achieve
gender equality in real sense. Women Police Wing Consisted of one Sub-Inspector
one Head Constable and 20 women police The du es of women police at that me
were a) Frisking of lady passengers at air ports b) Bandobust at fes vals where ladies
were expected to assemble c) Arres ng of women and juvenile offenders d) Escor ng
of women and juvenile offenders to and from court
Domes c Violence Act
Domes c violence is sadly a reality in Indian society, a truism. In the Indian
patriarchal setup, it became an acceptable prac ce to abuse women. There may be
many reasons for the occurrence of domes c violence. From a feminist standpoint, it
could be said that the occurrence of domes c violence against women arises out of
the patriarchal setup, the stereotyping of gender roles, and the distribu on of power,
real or perceived, in society. Following such ideology, men are believed to be stronger
than women and more powerful. They control women and their lives and as a result
of this power play, they may hurt women with impunity. Scope of the Act The scope
of this piece of legisla on has been expounded in plethora of judgments by the High
Courts and the Supreme Court in India. The Domes c Violence Act, officially known
as the Protec on of Women from Domes c Violence Act 2005, was brought into
force by the Indian government from October of 2006. The Domes c Violence Act
was originally passed by Parliament in August of 2005 and subsequently assented to
by the President in September of the same year.
Preven on of Sexual Harassment – State Policy
1. Short tle, extent and commencement.—(1) This Act may be called the Sexual
Harassment of Women at Workplace (Preven on, Prohibi on and Redressal) Act,
2013. (2) It extends to the whole of India. (3) It shall come into force on such date1 as
the Central Government may, by no fica on in the Official Gaze e, appoint.
Defini ons.—In this Act, unless the context otherwise requires, — (a) “aggrieved
woman” means— (i) in rela on to a workplace, a woman, of any age whether
employed or not, who alleges to have been subjected to any act of sexual harassment
by the respondent; (ii) in rela on to dwelling place or house, a woman of any age
who is employed in such a dwelling place or house; (b) “appropriate Government”
means— (i) in rela on to a workplace which is established, owned, controlled or
wholly or substan ally financed by funds provided directly or indirectly— (A) by the
Central Government or the Union territory administra on, the Central Government;
(B) by the State Government, the State Government;
Maternity Benefit Act – PNDT Act – Hindu Succession Act 2005 – Eve Teasing
Preven on Act
An Act to regulate the employment of women in certain establishments for certain
periods before and a er child-birth and to provide for maternity benefit and certain
other benefits. BE it enacted by Parliament in the Twel h Year of the Republic of
India as follows:— 1. Short tle, extent and commencement.—(1) This Act may be
called the Maternity Benefit Act, 1961. (2) It extends to the whole of India 1***. (3) It
shall come into force on such date2 as may be no fied in this behalf in the Official
Gaze e,— 3 [(a) in rela on to mines and to any other establishment wherein persons
are employed for the exhibi on of equestrian, acroba c and other performances, by
the Central Government; and] (b) in rela on to other establishments in a State, by
the State Government. 2. Applica on of Act.—4[(1) It applies, in the first instance,—
(a) to every establishment being a factory, mine or planta on including any such
establishment belonging to Government and to every establishment wherein persons
are employed for the exhibi on of equestrian, acroba c and other performances;
Defini ons.—In this Act, unless the context otherwise requires,— (a) “appropriate
Government” means, in rela on to an establishment being a mine, 7[or an
establishment wherein persons are employed for the exhibi on of equestrian,
acroba c and other performances,] the Central Government and in rela on to any
other establishment, the State Government; (b) “child” includes a s ll-born child;
73rd and 74th Cons tu onal Amenedment Acts.
The 73rd and the 74th Cons tu onal Amendment Acts, 1992 enjoin upon the states
to establish a three- er system of Panchayats at the village, intermediate and district
levels and Municipali es in the urban areas respec vely. States are expected to
devolve adequate powers, responsibili es and finances upon these bodies so as to
enable them to prepare plans and implement schemes for economic development
and social jus ce. These Acts provide a basic framework of decentralisa on of
powers and authori es to the Panchaya Raj/Municipal bodies at different levels.
However, responsibility for giving it a prac cal shape rests with the States. States are
expected to act in accordance with the spirit of the Acts for establishing a strong and
viable system of Local Self-Government. The 73rd and 74th Amendments to the
Cons tu on of India cons tute a new chapter in the process of democra c
decentralisa on in India.
Salient Features The Salient features of the Seventy-Third Cons tu on Amendment
Act are given below: The Amendment s pulates for certain compulsory provisions
which are obligatory on the part of the State Governments to incorporate in their
respec ve Acts. Some aspects have, however, been le at the discre on of State
legislatures to make suitable provisions in their Act.
74TH AMENDMENT ACT 1992 IN INDIA.
The cons tu on 74th Amendment Act 1992, rela ng to Municipali es (Urban local
Government) was passed by the parliament in 1992. It received the assent of the
president of India on 20th April 1993. The Act seeks to provide a common framework
for the structure and mandate of urban local bodies to enable them to func on as
effec ve democra c units of local Self Government.
The Salient Features of the Cons tu on (74th Amendment) Act, 1992: (a)
Cons tu on of Municipali es. (b) Composi on of Municipali es. (c) Cons tu on of
wards commi ees. (d) Reserva on of seats. (e) Fixed dura on of Municipali es. (f)
Power, Authority and responsibili es of Municipali es. (g) Appointment of State
Elec on Commission. (h) Appointment of State Finance Commission. (i) Cons tu on
of Metropolitan and District Planning Commi ees.
Family – Sex Ra o – Literacy – Health – Governance
Gender-related Development Index as a method for assessing gender inequality. The
Gender related Development Index (GDI) indicates the standard of living in a country
developed by the United Na ons (UN). GDI is one of the five indicators the United
Na ons Development Programme uses in its annual Human Development Report. It
shows inequali es between men and women in health, knowledge, and a decent
standard of living.
Mortality inequality: In some regions of the world, inequality between women and
men directly involves ma ers of life and death. Further, it takes the brutal form of
unusually high mortality rates of women and a consequent preponderance of men in
the total popula on.
Natality inequality: Given a preference for boys over girls that many male-dominated
socie es have, gender inequality can manifest in parents wan ng the newborn to be
a boy rather than a girl. With modern techniques to determine the gender of the
foetus, sex-selec ve abor on has become common in many countries.
Basic facility inequality: Even when demographic characteris cs do not show much or
any an -female bias, there are other ways in which women can have less than a
square meal. For example, Afghanistan is keen on ac vely excluding girls from
schooling (it combines this with other features of massive gender inequality).
Professional inequality: In terms of employment and promo on in work and
occupa on, women o en face a more significant handicap than men. A country like
Japan may be pre y egalitarian in demography or basic facili es and, to a great
extent, in higher educa on.
Family In most Indian families, you might have seen that the male members
dominate and make all kinds of decisions. Such kind of system is called a patriarchal
system. Such kind of system provides more power to men than women. This system
finds its validity and support from religious faiths and beliefs, whether Hindu, Muslim
or any other religion.
Governance The female popula on is 50 percent; therefore, including women in
governance and poli cs is impera ve. Governance and poli cs are two interlinked
spheres of decision-making, dominance, power and influence. However, the realm of
governance has tradi onally been dominated by men. Women are, by and large,
excluded except those who belong to poli cally connected families. It is rather
difficult for women without poli cally connected families to enter and sustain their
poli cal and governance posi ons
WORK PLACE
In contemporary mes, women have entered the formal employment sector that has
taken them outside the periphery of the home. They now work along with men,
seated in a structured work environment with a fixed number of hours, work roles
and responsibili es etc.
Performance support bias: when employers, managers and colleagues provide more
resources and opportuni es to one gender (typically men) over another. Performance
review bias: when employers, managers and colleagues review an employee of one
gender differently from another gender — even when the evalua ons are purely
merit-based. The issues such as security, gender predisposi on and marital status are
considered at the me of job promo on and appraisals of women employees. Glass
ceiling: an intangible hierarchical impediment that prevents minori es and women
from achieving elevated professional success. In the corporate sector, the unseen
“glass ceiling” curbs the growth trajectory of women employees. Women bear the
double burden of work and family but are not considered efficient for top
management posi ons. Wage disparity: when women are paid less than men for the
same amount of work and working hours. The wage gap between men and women
was as wide as 28% in 2018-19, as in the labour force survey data of the Na onal
Sample Survey Office (NSSO). Proneness to abuse: Women are prone to sexual abuse,
power dynamics and male dominance in the workplace.
Empowerment of Women – Na onal Policy
India is also a signatory to several UN Conven ons, primarily the Conven on on
Elimina on of all Forms of Discrimina on against Women (CEDAW), Beijing Pla orm
for Ac on and Conven on on Rights of the Child where the commitment of the
na on to protect and empower its women and girls is quite pronounced. The recent
endorsement by India, of the ambi ous 2030 Sustainable Development Goals (SDGs)
will further change the course of development by addressing the key challenges such
as quality educa on, gender inequality, and violence against women, which is cri cal
for global success of the goals as well.
1. India has also ra fied various interna onal conven ons and human rights
instruments commi ng to secure equal rights of women. Key among them is the
ra fica on of the Conven on on Elimina on of All Forms of Discrimina on Against
Women (CEDAW) in 1993. 2. The Mexico Plan of Ac on (1975), the Nairobi Forward
Looking Strategies (1985), the Beijing Declara on as well as the Pla orm for Ac on
(1995) and the Outcome Document adopted by the UNGA Session on Gender
Equality and Development & Peace for the 21 st century, tled "Further ac ons and
ini a ves to implement the Beijing Declara on and the Pla orm for Ac on " have
been unreservedly endorsed by India for appropriate follow up. 3. The Policy also
takes note of the commitments of the Ninth Five Year Plan and the other Sectoral
Policies rela ng to empowerment of Women. 4. The women's movement and a wide-
spread network of non-Government Organisa ons which have strong grass-roots
presence and deep insight into women's concerns have contributed in inspiring
ini a ves for the empowerment of women,
Mainstreaming Global Policies
Gender equality is a goal that has been accepted by governments and interna onal
organiza ons. It is enshrined in interna onal agreements and commit ments. There
are many ongoing discussions about what equality means (and does not mean) in
prac ce and how to achieve it. Gender is an issue because of the fundamental
differences and inequali es between women and men. These differences and
inequali es may manifest themselves in different ways in specific countries or sectors
but there are some broad pa erns that point to ques ons that should always be
considered.
The mainstreaming strategy emerged as a result of dissa sfac on with earlier
approaches to narrowing gender gaps. These earlier strategies o en focused on
women (providing them with more educa on, more resources, etc.) and on specific
targeted ini a ves. While these projects (or components within larger ini a ves)
were o en well intended, it became apparent that gender inequali es were not
going to be resolved through marginal ini a ves but rather that broad processes of
change, par cularly at policy and ins tu onal level, were needed. Throughout the
last few decades, women’s movements in the global south developed a cri que of
development models and ins tu ons.
This focus on gender mainstreaming is reiterated throughout the Beijing Pla orm for
Ac on which emphasizes the importance of considering the im pacts on women and
men, and on equality objec ves, of ac ons taken in every sector. The responsibility of
all government agencies for suppor ng equality objec ves through their policies and
programmes is highlighted. The Beijing Pla orm for Ac on also iden fies the
important roles of interna onal organiza ons, NGOs and civil society, the private
sector and other actors.
Second, gender perspec ves are relevant to the defini on of the informa on needs
to assess policy op ons. Although it is important to disaggregate data by sex in order
to analyze important trends or issues that might not be appar ent when only
aggregates are considered, there are other issues when looking at informa on needs.
For example, how can informa on on both women’s and men’s situa ons be
incorporated in the decision-making process? There may be a need to ask different
kinds of ques ons and look for informa on that helps to reformulate or refocus the
policy discussion.