PROPERTY RIGHTS,WOMEN EMPLOYMENT Female Foeticide ,Land & Property rights ,Women Employment SEX GENDER • Biological fact • Socio - cultural construct • Natural inequality • Social inequality • Not alterable (not desirable) • Alterable (possible & desirable) GENDER DISCRIMINATION • Form of social inequality – some individual treated inferior • On basis of Sex – women inferior – in all fields (Society , politics , economy , administration) ARGUMENTS IN SUPPORT OF GENDER DISCRIMINATION 1. Biological argument 2. Psychological argument • Roots of gender • Men = rational ; women = discrimination lie in human instinctual biology • Rationality better than instinct a) Hormonal argument b) Physically weaker Criticism – 1. No scientific c) Male dominance in non – support human species 2. Instinct is also important & not inferior to rationality ARGUMENT IN SUPPORT OF GENDER DISCRIMINATION 3. Historical argument 4. Human nature • Discrimination since time • Aristotle by nature immemorial Men = dominating • Must have some historical Women = want to be justification dominated
Criticism – even slavery & sati Criticism – no scientific or
practiced for long doesn’t rational justification mean if should continue ARGUMENTS IN FAVOUR OF EQUALITY 1. Moral argument • Kant every individual has equal worth & in itself 2. Political argument • A good political system is based on maximum participation 3. Economic argument • Unproductive – not using skills & talent of half the population 4. Social argument • By excluding women from social life & decision making the society cannot become vibrant & progressive FEMALE FOETICIDE • To kill a female child before its birth – most hateful from of gender injustice • Reflects the fact that gender violence starts even before birth FACTORS RESPONSIBLE 1. Cultural & religious factors – male child preferred 2. Economic factors – male child as bread earner (women domestic labour unproductive) 3. Social evils – dowry, etc esp india 4. Technology – earier identification of gender – PNDT i.e. prenatal detection test IMPACT OF FEMALE FOETICIDE • Disturbed sex ratio unbalanced society • Crimes like rape, etc. may increase • Social evils like prostitution • Institution of marriage may force serious threat • Interference in natural phenomenon can lead to adverse and unimaginable consequences • Against garbhadhan samskar to protect unburn child ETHICAL ASPECTS • Violates the most important HR i.e. right to life • Against the ideal of equality • Innocent creature killed w/o any fault • Against Kantian ethics – (every individuals end in itself ) SUGGESTIONS TO ERADICATE FF • Change in societal attitude • Economic (there for) economically equally important for family • Social evils like dowry must be curbed • Effective implementation of PGPNDT act (to contral misuse of technology) • Ideas promoting equality should be spread Shankar – everything is Brahma Spinoza – Substance Hegel – absolute idea Gandhi Ji – metaphysical monism LAND & PROPERTY RIGHTS • Traditionally – most societies – women deprived • Idea of gender equality supports land & property rights • Beijing summit, 1995 – “ womonization of poverty” women worst affected victims of poverty” (there for) economically dependent on men Solution – land & property rights ARGUMENTS IN FAVOUR • Arguments in favour • Self – confidence + development of personality • Change in societal attitude – economically important • Help curb female foeticide • Help bring gender justice • Increasing role of women in agriculture especially in developing countries (there fore) they should be given control over land WOMEN EMPOWERMENT • Earlier discriminatory treatment (there for) gender equality • Demand for equal rights vis-q-vis men – voting, education , economic , etc. • So constitutional equality given in most democratic • But still not much improvement and inadequate representation • (there for) Women – empowerment – a step ahead gender equality • Multi – dimensional concept – every walk of life (social political economic) • Political empowerment – representation in legislature , decisions, etc. • Economic – land & properties , gender budget, schemes, decisional • Social – education, women centered laws , equality, etc.
Mayra Rosario Rivera v. Puerto Rico Aqueduct and Sewers Authority Jose Ivan Colon Benjamin Pomales Perfecto Ocasio Jose E. Nieves Puerto Rico Services Group Corp. Professional Services Group of Puerto Rico, Inc., 331 F.3d 183, 1st Cir. (2003)