Equality is a myth, it is true not only in social sphere but also in every aspects of society. Gender inequality refers to inequality between male and female. It is mainly a social construction. Indeed, gender inequality is not one homogeneous phenomenon, but a collection of disparate and interlinked problems. The issue of gender inequality is one which has been publicly reverberating through society for decades. The sociological factors that cause women to have a much more difficult time getting the same benefits, wages, and job opportunities as their male counterparts. The society in which we live has been shaped historically by males.
Man and woman are like two wheels of a bike. No one can ignore other. Each one has equal role for every function. No one can claim other as his or her sub-ordinate. Both man and woman 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 women’s 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. Woman is the complement of man, and not inferior”. 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 wok 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.
There are number of laws which 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.
Gender Inequalities refers to the obvious or hidden disparities among individuals based on the performance of gender. This problem in simple term is known as Gender Bias which in simple terms means the gender stratification or making difference between a girl and a boy i.e. a male or a female. In making biasness among the gender India has 10th rank out of 128 countries all over the world which is shameful for us . But this problem is increasing although government has banned the pre-natal sex examination. In India (in the older times) this problem is mainly seen in the rural areas because many rural people think that the girl child is burden on them. But now this is also being seen in the urban areas i.e. in offices, institutions, schools and in society. The afflicted world in which we live is characterized by deeply unequal sharing of the burden of adversities between women and men. Gender Inequality exists in most part of the world, from Japan to Morocco, or from Uzbekistan to United States of America (as stated earlier).However, inequality between men and women can take very many different forms. Indeed, gender inequality is not one homogeneous phenomenon, but a collection of disparate and interlinked problems. The issue of gender inequality is one which has been publicly reverberating through society for decades. The problem of inequality in employment being one of the most pressing issues today. In order to examine this situation one must try to get to the root of the problem and must understand the sociological factors that cause women to have a much more difficult time getting the same benefits, wages, and job opportunities as their male counterparts. The society in which we live has been shaped historically by males.
In terms of employment as well as promotion in work and occupation, women often face greater handicap than men. 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.
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. 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.
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.
Tort law is probably one of the most under utilised areas of the law with respect to the problem of gender injustice. The torts that are directly applicable are:
· Unlawful imprisonment
· Tort of harassment
· Tort of Medical pre-natal test
It means that there can be punishment under tort law also.