Concept of Gender based Bias in
India
And Laws Combating Violence against Women in
India- An Overview
GENDER
It’s Meaning and Context
• Gender Defined;
“the state of being male or female (typically used with
reference to social and cultural differences rather than
biological ones).”
Thus, ‘Gender’ per se is a socio-cultural connotation or a social construction of
female and male identity. It includes the ways in which those differences,
whether real or perceived, have been valued, used and relied upon to
classify women and men and to assign roles and expectations to them. The
word ‘gender’ provides for the over-generalizations and stereotypes arising
thereof and thus the gender based ‘characteristics’ are followed by the
society rather than sex-based characteristics.
Difference between Gender and Sex
• Gender
• Is a socio-cultural
connotation.
• It is a man-made concept.
• Gender differentiates asMASCULINE and
FEMININE
• A very broad and vague
term which may differ
from place to place.
• Sex
• Is a Biological Aspect.
• It is an endowed natural
and biological aspect of
human beings.
• Sex differentiates asMALE and FEMALE.
• A straight-jacket
difference which is
usually unchangeable and
undeniable.
Concept of Gender bias
BIASES
STEREOTYPES
OVERGENERALIZATIONS
IDENTITIES
BIASES based on Gender arise from the
term itself! Gender is categorization on
the basis of generalizations and
stereotypes. Gender indicating
characteristics are so blatant and out
on-the-face-of-it that gender-based
differences and sex-based differences
are often used interchangeably. Gender
based norms have now become deeprooted in the society and the society
thus relies on these norms and comes
out with Masculine and Feminine traits
which HAVE to be present in a Man and
a Woman, respectively.
All such differences have now taken the
face of ‘gender inequality’ which is very
much in evident in India and much
thanks to the patriarchal system, the
Gender based biases and prejudices are
“generally’’ against the Female section
of the Indian society.
Gender Based Bias in India
1.
2.
3.
4.
Female Feticide
Female Infanticide
Age of Marriage
Procedures for
Contracting
Marriage
5. Executing Marriages;
Customs of Dowry,
‘Stridhan’
6. Child Bearing
7. Domestic Abuse
8. Divorce
9. Separation
10. Widowhood
11. Remarriage
A Suffocating Patriarchal Shadow hangs over the Lives of
Women throughout India.
Women
battling
various
problems
at every
stage of
their
lives.
Laws Combating Violence Against Women in India
Constitutional Provisions;
The Preamble of The Constitution of India provides for Justice, Liberty, Equality for ALL the
Citizens. The Constitution of India not only grants equality to women but also empowers the
State to adopt measures of positive discrimination in favor of women for neutralizing the
cumulative socio-economic, education and political disadvantages faced by them.
The Constitution enshrines ;
Equality before law and Equal Protection of Law (Art.14)
That the State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them (Article 15 (i))
 The State to make any special provision in favor of women and children (Article 15 (3))
Equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State (Article 16)
Provisions under the Directive Principles of State Policy [Art. 39 (d); Art. 39 A; Art. 42;
Art.46; Art.47; ]
Fundamental Duty of every Citizen being To promote harmony and the spirit of common
brotherhood amongst all the people of India and to renounce practices derogatory to the
dignity of women (Article 51(A) (e))
Continued…
• Women specific Laws in India;
 Provisions in the IPC (Sec. 376, Sec. 363-373, Sec. 302/304-B, 498A, 354, 509 )
 Immoral Traffic (Prevention) Act, 1956
 The Maternity Benefit Act, 1961 (Amended in 1995)
 Dowry Prohibition Act, 1961
 The Medical Termination of Pregnancy Act, 1971
 Indecent Representation of Women (Prohibition) Act, 1986
 Commission of Sati (Prevention) Act, 1987
 The Protection of Women from Domestic Violence Act, 2005
 Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
 The Muslim Women (Protection of Rights on Divorce) Act, 1986
 Pre-Natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994
Case Laws
RAPE U/S 376, IPC-The apex court in the case of State of H.P. v. Mange Ram, has clearly laid
down that if the prosecutrix submits her body under fear or terror the same would never
amount to consent. In the said case their lordships also held that in the absence of any violence
to the body of the victim in all circumstances would not give rise to inference of consent
In the Mathura Rape Case (Tukaram & Anr. V. State of Maharashtra) provisions were made in the
Evidence Act providing that that if the victim says that she did not consent to the sexual
intercourse, the Court shall presume that she did not consent as a rebuttable presumption. The
Section 376 (punishment for rape) of the Indian Penal Code underwent a change with the
enactment and addition of Section 376(A), Section 376(B),Section 376(C), Section 376(D), which
made custodial rape punishable.
Te apex court in State of Punjab v. Major Singh, while dealing with section 354 had interpreted
the term 'women' denoting female of any age. It further held that an offence which does not
amount to rape may come under the sweep of section 354, IPC
In State of Rajasthan v.
N.K. , wherein the
supreme court held
that the absence of
injuries on the person
of the prosecutrix is not
necessary to falsify the
allegation or be
regarded as an
evidence of consent on
the part of the
prosecutrix.
Continued…
Birbhum Gang-rape case; SC directed the State of WB to pay Rs. 5 lacs
as compensation to the Rape Victim. The bench observed that “No
compensation can be adequate. As the state has failed to protect the
victim’s rights, it is duty-bound to provide compensation,”
In Sukrit Verma and Anr. V. State of Rajasthan, the HC held
that the PWDVA, 2005 is a social beneficial piece of
legislation, which should be given wide and liberal
interpretation as possible as it is a piece of civil legislation
to provide civil remedy to women victim of DV.
The SC in Lalita Kumari v.
Govt. of UP that the Police
cannot dodge FIR if the
reported act discloses the
happening of a cognizable
offence.
The SC allowed granting of
Maintenance to Muslim
women as well u/s 125 of
CRPC In the case of Mohd.
Ahmad Khan v. Shah Bano
Begum
Daughter-in-law’s right to
maintenance was specified
in the case of Balbir Kaur
and Anr. V. Harinder Kaur
and Ors.
SC laid down fresh
guidelines under the SHW
Act, 2013 in the case of
Medha Kotwal Lele and
Ors. V. Union of India