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Gender Sensitization with Special Reference to Indian Law


 

The position of women in India is changing fast. The Law has come to the aid of women with changes in laws, relating to marriage and divorce soon after independence. There have also been many woman-oriented legislations such as the Dowry Prohibition Act, 1961, the Indecent Representation of Women (Prohibition) Act, 1986and the Protection of Women from Domestic Violence Act, 2005. Apart from these enactments, the Constitution of India also provides for certain fundamental rights which, though not specific to women, are interpreted as and when required to protect the interests of women.

Against this scenario, it appears that women are guaranteed equality, equal protection of laws, equality of status and opportunity. It appears that justice: social, economic and political is guaranteed to women. While it is true that the position of women has improved considerably, the mainstream Indian society continues to fall short in the realization of full equality for women. A number of studies show that the laws have not been entirely successful and women are still in need of attention. At the same time, there is a need to be careful while conferring special status on women for ensuring a ‘level playing field’ for them because these laws can create more inequality than equality. Instances of cruelty by married women in recent years are a testament to this fact. The need of the hour is to focus on enforcement of laws already made, and to also guard the interest of males against abuse. It is also necessary to make efforts towards gender sensitization of public servants, especially the police.


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  • Gender Sensitization with Special Reference to Indian Law

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Abstract


The position of women in India is changing fast. The Law has come to the aid of women with changes in laws, relating to marriage and divorce soon after independence. There have also been many woman-oriented legislations such as the Dowry Prohibition Act, 1961, the Indecent Representation of Women (Prohibition) Act, 1986and the Protection of Women from Domestic Violence Act, 2005. Apart from these enactments, the Constitution of India also provides for certain fundamental rights which, though not specific to women, are interpreted as and when required to protect the interests of women.

Against this scenario, it appears that women are guaranteed equality, equal protection of laws, equality of status and opportunity. It appears that justice: social, economic and political is guaranteed to women. While it is true that the position of women has improved considerably, the mainstream Indian society continues to fall short in the realization of full equality for women. A number of studies show that the laws have not been entirely successful and women are still in need of attention. At the same time, there is a need to be careful while conferring special status on women for ensuring a ‘level playing field’ for them because these laws can create more inequality than equality. Instances of cruelty by married women in recent years are a testament to this fact. The need of the hour is to focus on enforcement of laws already made, and to also guard the interest of males against abuse. It is also necessary to make efforts towards gender sensitization of public servants, especially the police.