(B-2) Gender justice:-

most countries today consider gender equality and women's empowerment to be

essential for the development and well being of families, communities and Nations. No
Nation, society and family can flourish and be happy if 50% of its population( women
and girls) are not respected, free and happy.
=> Not just in India, but in most countries of the world, women have been discriminated
against, excluded from decision making at all levels, marginalised and disempowered.
a social system in which men are considered to be superior to women and in which,
men have more control over resources, decision making and ideology. Women are
controlled through violence or the threat of violence. According to the UN, one out of
every three women experiences violence. This means over 1 billion women and girls
experiences violence. This is the biggest war going on in the world and what is most
painful is that most of it takes place within the family.
=> In India, it is believed that women enjoyed an equal status as men in the vedic
period. The education of women held considerable significance, especially from works
of Katayana and Patanjali. Historical practices such as Sati, Devdasi, child marriage
are a few traditional reflective of the gender imbalance in Indian society. Though these
practices are largely defunct now, due to legal reform, the essence of the dysfunctional
gender equality still is rampant and manifested today through domestic violence,
trafficking, dowry death, female infanticide female foeticide sexual objectification and
violence and sexual harassment at workplace.
=> In ancient greek and Roman societies women were cricket as inferior to men.
Procreation of children has been held to be the only role for women. under common
law of England, a married woman hardly had any rights, She had no rights to her
property after marriage. In the early history the United States, women and children
were considered as a man's position. Women began working in industries, the
conditions of work and timing were atrocious but it was until 1910 that the state
passed legislations alleviating the conditions of work .
=> The struggle for the right to vote for women in USA and Europe blatantly highlights
the gender intolerance. In USA women were given the right to vote in 1920, whereas in
UK it was in 1928.
=> women; bottom of all hierarchies:-
It is indeed difficult to generalized about women in India because of the vast difference
between them. They belong to different classes, castes, religions, communities etc.
India has the most adverse sex ratio for women in the world. Life expectancy for women
is lower than that of men,
Women's health, nutritional and educational levels are significantly lower than that of
men. Women are concentrated in low skilled and low paid jobs. They get lower wages
and lower income than men and they hardly own and/ or control property and means of
production. The number of female headed households has been increasing and they
are amongst the poorest in all countries. The participation of women in political and
social decision making is abysmally low Women's participation in the Parliament has
never been higher than 10 percent. They are excluded from funeral authority. The
formulation of social, economy, legal, political rules which govern their lives and keep
them subjugated.
Global view on gender justice:-
All form of discrimination, on Grounds of gender are violating of fundamental freedom
and human rights. The prevalent gender bias, being a offensive to human dignity and
human rights, has emerged as a fundamental crisis the world over.
=>Taking cognizance of this expression all over, the United Nations passed various
instruments with a focus on women’s emancipation and with the object of enhancing the
dignity of women all over the world.
=> In the first period, from 1945 to 1962, the United Nation secured women's legal
equality. With the formation of the Commission on human rights and the commission on
the status of women for the promotion of their equal rights.
=> During the second period from 1963 to 1961, more and more governments
responded to the United Nations by adopting laws. With the proclamation of 1975 of the
international Women's year, the campaign for women's rights gathered momentum. A
major conference was held in Mexico on the status of women Including the theme of
equality, development and peace.
=>The 3rd phase from 1976 to 1985, considered United Nations’ decada for women.
Along with adoption of the convention on elimination of all forms of discrimination
against women.1979 which is an international bill of human rights for women, the
decada also generated a series of action, programme that recognised the need to
promote equality of men and women.
=> In the current 4th phase, from 1986 to till date--- the United Nations and its
institutions, organisations agencies and bodies are taking pivotal role for enhancing
women dignity.

Initiatives by the Judiciary for gender justice:-

The Indian judicial system has independently and effectively intervened on the issue of
women emancipation. Some of the landmark decisions are as follows:-
1) In C.B Muthamma vs Union of India( 1979):- the validity of the Indian Foreign
Service( conduct and discipline) rule of 1961 was challenged which provide that a
female employee to obtain a written permission of the government in writing before her
marriage is solemnized, and at any time after a marriage a woman member of the
service may be required to resign from service. The supreme court held that such
provision is discriminatory against women and hence unconstitutional.
2) In Air India vs Nargesh Mirza(1981) the Supreme Court struck down the provision
of rules which stipulated termination of service of an air hostess on her first pregnancy
as it arbitrary and abhorrent to the nations of a civilized society.
3) In Vasantha vs Union of India:- Section 66 of the Factories Act which prohibited
night shift work for women held to be discriminatory.
4) Municipal corporation of Delhi vs female workers:-ensured Maternity Benefit for
contract workers.