GENDER DISCRIMINATION IN LAW ?
Advocate Supreme Court of India
Mobile : 09818076828 / 08658109215
Recently I had the opportunity to deliver a lecture at Bhubaneswar District Court Bar Association Library on Gender Discrimination in Law for which I had prepared a note to which I feel I must share with you herein for your valuable suggestion and comments. The videos of other speakers on the issue are also available in my channel at the following string. http://www.youtube.com/watch?v=6Ziq51VOOLo&list=UU0w0Y-_l6QTHdRTUASKDtQw&index=1&feature=plcp
it is complained and felt that there exists a biasness / discrimination while dealing with the
litigations and any other legal aspects in the existing legal system of our
country. Hardly it is complained that the society's weaker section (Ladies)
torture their counter part (gents).
some people in the society do feel that there required to be an reciprocal laws
pertaining to such illegalities committed by the ladies and there must not be
any relaxation for such complaint and the ladies must also be required to be
proceeded as is normally happens for the gents. Thus, there must not be any
gender bias for violation of any laws in India. It is therefore, argued that
the ladies must be dealt in such manners alike the gents do. Possibly that is
the reason why the today's topic on gender bias.
Even though the above topic
sounds quite logical, However, personally speaking I have reservations on this
issue with following observations which may also be considered while deciding
and reaching to any conclusion on gender bias.
of all my question to all is that : today, why it is being so felt that there
required to have any strict adherence of the complaint against women who founds
to be involved in to any sort of illegalities in the society be it is in any
form of Criminal or Civil wrongs ?
my respectful submission, the answer is : It is because of the strict laws and
their enforcement against the offences committed upon the weaker section
(woman), which are being brought, governed and duly executed by the Executing
Agencies in India as on date against the offenders (their Male counter part).
Time and again, in our
society it is being felt that the ladies are being deprived of their rights,
they are being tortured within the four corners of the house and their plights never came to the limelight.
Even as on date the ladies in our society are not equally privileged than that
of their counter parts gents barring some few instances.
Our society is by and large a
male dominated society, wherein the ladies have hardly have any say on their
counter gents in their respective houses. No doubt our society mostly treats
the Ladies as a part of Goddess Laxmi but some, do also consider her as a part
of goddess Durga in the male dominated society. In spite of all the above, the
girls / ladies in the society always being treated as if she is born to lead her
life in another house (Marital Home) and the birth place is never being taken
as of her matter of right despite of our country coming out with various legal
rights for the women.
Before and after marriage,
People in the society have dealt with the ladies, as if they does not belongs
to their side. The girls who born and grown up at their parents house, always dealt
and kept in waiting to go to other's house after marriage. And the house, which
accepts them as the bride, they never also treat her as of their own.
Consequently the conflict used to arise in the society on their belongingness,
which itself is a biasness by the society upon and against the ladies and what
to talk about they are being privileged with their gender biasness.
At this juncture I will
straight away take you to various penal provisions in Indian Penal Code out of 23
chapters on various legal subjects in the said Act, in which there were only
two chapters i.e. Chapter XX and XXA having about seven sections which deals
with "Of offences relating to marriage" and "Of cruelty by
husband or relatives of husband" on which possibly our people have the
feeling that there exists a gender bias while handling criminal cases by the
authorities and the Courts in these subjects and chapters under the criminal
laws in India.
If we will go through the
sections starting from 493 to 498 A which are self explanatory and they are
promulgated and till date have the sanction because they goes to the real
problems being faced by the ladies in the society of our country and it cannot
be said that these sections are because of some sort of gender biasness in the
existing legal system.
Of course, we can demand for
a vice-versa provision, however, to my mind, our society has never reached to
such situation, which would warrant such vice-versa promulgation of laws in
this field in favor of the gents. Because with the argument that none in the
society till date have ever seen or witnessed that any boy after giving hefty
dowry in true sense is marrying to a girl. Nor we have ever seen any sort of
hooliganism, starting from petty criminal works to bandits in large number which
may establish that the ladies of this country has reached to such an extend that
such act became unbearable and un-tolerable in the Society. Thus, there need no
stringent laws for any such further or other particular type of litigation : be
it is marital dispute or any other family civil and criminal disputes against
Therefore without taking
much of the valuable time of this august gathering, I will say and submit that
no time has come to demand for any laws which would ensure such alleged gender
biasness / discrimination in the entire existing legal system.