GENDER EQUALITY, SOCIAL JUSTICE, AND THE ROLE OF CIVIL SOCIETY GENDER EQUALITY AND SOCIAL JUSTICE By- Tanya Sarose Nayak
GENDER EQUALITY, SOCIAL JUSTICE, AND
THE ROLE OF CIVIL SOCIETY
GENDER EQUALITY AND SOCIAL JUSTICE
Authored
By- Tanya Sarose Nayak
ll.m.,
2nd year
Dhenkanal
Law College
Madhusudan
University
ABSTRACT
Equal
opportunities, duties, and rights for men and women, as well as for boys and
girls, are referred to as gender equality. Equal rights, responsibilities, and
opportunities for men and women will exist regardless of whether they are born
male or female. This does not mean that women and men will become equal. In
order to achieve gender equality, one must recognise the diversity of various
groups of women and men and take into account their needs, objectives, and
interests. A prerequisite for ensuring gender equality and human rights is
gender equity, which creates an equal playing field for men and women so that
they have a fair chance to reach equal outcomes[1].
Ensuring that men and women have equal access to and benefits from society's
resources, opportunities, and rewards is the ultimate goal of gender equality.
Women must also participate equally in defining what is valued and how this
might be accomplished. Equities are a tool. The end consequence is equality.
Gender equity refers to a component of social justice that is typically based
on tradition, custom, religion, or culture, and which most frequently works
against women[2].
INTRODUCTION
In the context of
social justice, gender equality entails more than just examining the dynamic
between men and women. A place where women and men can be considered as fully
human includes developing strategies for corrective action towards reforming
society as a whole to make it more just and equal. Also, it denotes a
transition from arbitrary to well-justified, balanced, and equitable social
connections.
The only means
through which gendered exploitation can be changed and the situation of women
improved is development with social justice. Amartya Sen, an economist, coined
the phrase "progress as freedom," seeing it as a means of enabling women
to express themselves fully[3].
Gender equality is
a matter of social justice; it allows access to rights, resources, and
opportunities. Women nowadays are playing a vital role in social, economic, and
political development. They have worked hard in the enhancement of their social
status and also have brought radical changes in the perception of women and
their role in various and diverse fields, in particular leadership and decision
making. However, the international and regional contexts are endangering these
achievements and our societies still need to support the empowerment of women
and capitalize on their capabilities and great potential, especially in light
of the political openness.
Gender Equality is
a concrete pathway to development, sustainable peace, and security. Any gender
who gets empowered benefits the entire community. Increasing extremism,
intolerance, and exclusion have caused a regression that has weakened the
concept of gender equality and the enjoyment of women's rights. In war
situations, especially female refugees and their displacement has generated
tragedy through violence, child labor, child labor, sex trafficking, and many
other forms of torture[4].
Occupation is a
barrier to democratic development, creating conflicts that affect societies.
Women pay the price on all levels, struggling not only for women's rights and
equality but for freedom, while the process demands many sacrifices. The Union
for Mediterranean Secretariat works hard through projects and initiatives to
address women's empowerment and gender equality issues in the subterranean
region. It plays a vital role in organizing annual high-level meetings on
women's empowerment to identify, in partnership with key regional actors,
specific and strategic solutions to promote the full participation of women in
society. For instance, Palestine remains a central source of violence against
women whereas Jordan, a country with limited resources promises to devote much
effort to developing its human resources majorly to achieve sustainable
economic growth, the country introduced policies, programs, and plans with the
ultimate aim of societal development. The country sets up a political will to
achieve equal opportunities and non-discrimination as articulated in the
Constitution, National Agenda, and Civil Services Bylaws. Jordan is committed
to the 2030 Agenda and to leaving no one behind. The Government of Jordan has
submitted its first Voluntary National Review (VNR) which refers to the 2030
Agenda for Sustainable Development and presented it at the High-Level Political
Forum in July 2017. Jordan's policies have resulted in the improvement of the
status of Jordanian women considerably concerning education, health, and life
expectancy; advances in these spheres have yet to fully bridge the gender gap.
Gender disparity in Jordan has particularly increased in recent years with the
spread of conservatism and nationalism, which has caused a regressive backlash
against women's rights and gender equity. Social justice is a shared vision of
Gender Equality and human rights. The goal of gender equality and substantive
progress can be achieved in the following ways-
? Repeal
discriminatory laws that inhibit the economic ability of women, their ability
to obtain credit and own land, to move freely, and to make decisions about
their bodies and health.
? Fully implement
existing laws so that, for example, violence against women does not go
unpunished.
? Enact new laws
where no laws exist in specific areas.
? Introduce quotas
and temporary special measures to support the increased proportion of women
parliamentarians and all decision-making bodies.
? Invest in
statistical capacities and gender statistics to support effective monitoring
and evidence-driven decision-making[5].
Society should
come in collaboration with gender equality; the most responsible sector for
making a game-changing impact on the status of women is the private sector. The
private sector can develop or design far-reaching changes to the employment
terms and conditions for women, equal pay to both genders would stand out for
gender equality; where governments are non-compliant they also must take
corrective measures. Women should be given decent work and nothing that
questions their integrity. Organizations should uplift women's empowerment
principles through training and professional development for women.
Trade unions can
become a very strong and important source to push a fight in favor of gender
equality. They must become game changers and undergo internal transformations
for gender parity in the workplace and society. For instance, many construction
sites in our state do not have a proper lavatory, or we can say a proper toilet
is not constructed thinking that men will not need it and ignoring the basic
needs of the female workers working, for such changes society should take
initiative. Macroeconomic policies should enable state investment in
infrastructure, social services, and social protection measures to reduce the burden
of unpaid care work on women and child labor on boys and girls, we cannot
create a better future while being intact to patriarchy. Men must lead in
disrupting patriarchy as well as leading their behavior change and the positive
socialization of boys.
UN has come up
with a few tips leading towards dismantling patriarchy and they are-
? All men and
women decision-makers must take the lead on ending the exclusion of women from
decision-making bodies. They must fight for gender parity.
? Violence against
women must be curbed and strict laws should be brought in place. Men must
refuse to marry girl children and should stand against ending the practice of
female genital mutilation.
Gender equality
can only be achieved through the role of the male in civil society and their
empathy and cooperation towards uplifting the female and bringing in parity. We
can witness the changes in society only when it is evident that all women have
equal rights, and equal access to justice, power, resources, and opportunities.
All women and girls live their lives free from all forms of violence and
discrimination.Women can make decisions about their bodies, health, and
sexuality, free from discrimination, violence, and coercion; all women who work
enjoy equal pay for equal work opportunities and equal access to decent
work.Unpaid care work is fairly shared between men and women and no longer
presents a barrier to women and girl's participation in social, political, and
economic life;
Women have equal
voice, participation, and leadership in decision-making at all levels,
including in peace and security discussions, and Persistent gender stereotypes
about men and women are not second nature, and discriminatory norms and
attitudes, and beliefs no longer limit opportunities and outcomes. In a broad
sense, social justice encompasses the distribution of both material and moral
benefits of social life. It denotes a progressive concept and a development
model. The Indian Constitution, for example, in its Preamble and the section on
the Directive Principles of State Policy promises social, economic, and
political justice. In common parlance, the term "social justice"
refers to all three aspects of justice in society: social, economic, and
political. It also entails reorganising social life in such a way that the
material and moral benefits of social effort are not monopolised by a small
privileged class, but instead accrue to the masses to ensure the equal growth
and development. Development must be viewed from a new perspective in which growth
and distribution are integrated into the same process, while breaking down
social barriers of discrimination and prejudice based on gender, caste,
language, religion, or ethnicity on a systematic basis. This is what
"Development with Social Justice" in India must imply. As a result,
for charting a new path of development, both development and dignity for the
deprived and disadvantaged sections are equally important. Economic equality or
political democracy alone cannot provide dignity to all citizens. In fact, the
two must go hand in hand with social equality. The ultimate goal of development
with social justice is for all Indian citizens to live in economic, social, and
political dignity[6].
THEORITICAL ASPECT OF SOCIAL JUSTICE
IN GENDER EQUALITY
Justice is said to
be primarily a problem of determining the best course of action. Political
philosophers have been attempting to define justice since ancient times. With
the rise and expansion of the modern world, the modern concept has been
thoroughly transformed, particularly under the effective influence of
democratic and socialist principles.In the modern world, determining logical
criteria is linked to social justice for the allocation of goods, services,
opportunity, benefits, power and honours as well as obligations in society,
particularly in a scarcity situation. Political philosophers and scholars from
Plato to Rawls have clearly engaged in a major debate about distributive
justice or social justice. This extensive body of work has given rise to a wide
range of perspectives on social justice.
The following are
the most important of this Liberal approach-
(a) Liberal
approach
(b) Socialist
approach
(c) Subaltern
approach
(d) Feminist
approach
a) Liberal Approach
Individualism
underpins the liberal model, which is based on a commitment to social mobility
and a flexible pattern of inequalities rather than fixed and structural gradations
in social position and wealth. Individual equality, according to D.N.
MacCormic, is fundamental to social justice. R.A. Pinker emphasised that social
justice is concerned not only with the nature of equality but also with the
criteria used to determine whether inequality is just or unjust. D. Miler
contends that inequality is rampant and has become a necessary evil, and that
social justice is required for the most disadvantaged members of society. It is
perceived that, in contrast to liberal-utilitarian justice, John Rawls' liberal
egalitarian justice is distinguished by its concern for the equality and
welfare of all, particularly the most disadvantaged members of society.
He argues that
distributive justice is an absolute necessity. He emphasised that all social
primary goods—liberty and opportunity, income and wealth, and the foundations
of self-respect—must be distributed equally, unless an unequal distribution of
any or all of these goods benefits the least advantaged.
b) Socialist Approach
The socialist
model of justice is based on collectivism and emphasises social equality and
community. Justice exists where there is no injustice for socialists of all
stripes. The main concern of all socialists has been the injustice meted out to
workers, peasants, the poor, the unemployed, the lowly, and so on in the system
that exists in society in general, and the capitalistic system in particular.
For Marxists, justice in class societies is always class justice, justice for
capitalists and injustice for workers. As a result, Marxists believe that only
a classless society can provide justice. For them, justice consists of not only
just laws, but also just laws originating in just society; it is not only
economic or social in nature, but also socio-economic in its implications.
Because democratic socialists are both socialists and democratic, they believe
that justice exists in a just order and a just society. Democratic socialism
seeks to provide citizens with democratic rights and civil liberties, as well as
socioeconomic rights - a difficult combination. If this is accomplished, it
would be an ideal scheme for social justice[7].
c) Subaltern Approach
Subaltern Approach
are defined as any group in society that has been relegated to a subordinate
position due to gender, age, vocation, class, caste, race, religion, language,
culture, and so on. Because of various constraints inherent in the social structure,
they are more or less placed in subordinate positions. They are oppressed,
exploited, and marginalised groups. Subaltern justice demands social justice
for the oppressed and disadvantaged. It necessitates two goals at the same
time: a) the abolition of all forms of discrimination; and b) the provision of
special care in order to achieve social equality. Justice from a subaltern
perspective is not only economic, but also social, cultural, educational, and
even psychological.
d) Feminist Approach
According to the
feminist critique of justice, women are disadvantaged in comparison to men, and
this disadvantage is not justified by their natural and biological differences.
The social arrangements that have caused injustice against women are at the
root of this discrimination. In light of the growing social consciousness
against various forms of injustice in society, the position of women in society
must be reviewed, challenged, and changed. Indeed, feminist theory and movement
advocate that the situation of women and gender inequalities be treated as
central political issues. All feminist thought focuses on the causes and
solutions to women's inequality, subordination, or oppression. Because women
are considered unequal to men, she is forced to suffer throughout her life:
male dominance results in her subordination, powerlessness, and oppression.
From a feminist standpoint, justice necessitates escape from women's
internalisation of the female gender and the resulting low self-esteem, apathy,
and sense of helplessness. The feminists argue that what is required is not
only equal rights for men, but also, as socialist feminists insist,
communalization of domestic and childcare functions; male superiority would
have to be abolished; patriarchal culture would have to be demolished; gender
socialisation would have to be ingrained; and women's liberation from male
oppression would have to be fought for. Feminists do not consider the law to be
neutral in disputes between men and women; the concept of justice is, by definition,
male-structured. The feminist perspective on justice entails, among other
things, the abolition of all male dominance, the equality of rights, the
integration of the public and private spheres, and the creation of society,
culture, and politics in new, non-patriarchal forms. Thus, a feminist
perspective on justice advocates for women's overall development, including
improved health and education, as well as an equitable share of economic and
political power and social space[8].
GENDER JUSTICE INTERCHANGEABLE WITH
GENDER EQUALITY
Gender justice is
frequently associated with emancipatory projects that advance women's rights
through legal change or promote women's interests in social and economic
policy. However, the term is rarely defined precisely and is frequently used
interchangeably with the concepts of gender equality, gender equity, women's
empowerment, and women's rights. Gender justice includes distinct elements that
go beyond related concepts of justice in terms of class or race, complicating
both its definition and implementation. However, three conceptions of gender
justice can be examined to better understand its meaning, dimension, and
nature.
(a) Gender Equality as Entitlements
and choice
This approach,
which has its roots in liberal feminist political philosophy, starts with a
central dilemma in feminist politics: oppressed women may not propose a version
of gender justice that challenges male privilege because they have been
socialised to accept their situation.
Familial and
social conventions can limit women's agency (the ability to make choices) by
limiting their capacity to reason and act independently, as well as forcing
them to prioritise the needs of others over their own. In response to this
quandary of women's complicity in their own social and economic subordination,
feminist political philosophers have debated the minimum economic, social, and
even psychological conditions that women might be able to refuse or renegotiate
the social arrangements in which they find themselves. This approach, based on
liberal feminist political philosophy, begins with a central dilemma in
feminist politics: oppressed women may not propose a version of gender justice
that challenges male privilege because they have been socialised to accept
their situation.
Women's agency
(the ability to make choices) can be limited by familial and social conventions
that limit their capacity to reason and act independently, as well as forcing
them to prioritise the needs of others over their own. In response to the
dilemma of women's complicity in their own social and economic subordination,
feminist political philosophers have debated the minimum economic, social, and
even psychological conditions under which women may refuse or renegotiate the
social arrangements in which they find themselves.
(b) Gender Justice as positive rights
This optimistic
view of gender justice is part of a modern "rights-based approach" to
development thinking. Following the end-of-century wave of democratisation
around the world, rights-based approaches emerged in the 1990s, and they are
based on an understanding of the importance of political and legal institutions
for economic development. They emphasise the relationship between the
articulation of individual and collective preferences ("voice") and state
responses in particular, and they seek to establish the fundamental rights that
citizens may legitimately claim from the state.
They represent an
acceptance that power dynamics influence policy outcomes, and that a rule of
law and basic accountability are required to advance human development of basic
endowments in resources and skills. The recognition of politics and Governance
is important for gender justice projects because it can be applied to the
relationships between men and women - recognising that power imbalances can
prevent women from acting to advance their interests and recognising that
social, economic, and political institutions must be made accountable to women
- which includes rooting out institutionalised patriarchal power systems[9].
INDIAN
SITUATION: GENDER EQUALITY AND SOCIAL JUSTICE IN TERMS OF
HEALTH
AND EDUCATION
High levels of
female deprivation, beginning with the right to life itself, are a hallmark of
India. In many states where the female population is dropping, this is clearly
visible in the declining sex ratio. High levels of structural and historical
inequality exist in Indian communities. Caste, class, race, and gender
inequalities, for instance, have produced a fictitious apartheid situation
where the majority of people still lack access to justice and equal
citizenship.
a) EDUCATION
In order to
achieve equality, justice, and democracy in daily life and to ensure that
candidates for positions of decision-making have a sufficiently wide base,
education is essential. The most important way for people to acquire the
values, attitudes, and behavioural patterns of a culture of peace is through
education, both official and informal, in schools, in the home, through the
media, and in social institutions. Education is the most effective tool for
fostering a culture of peace, but only if it includes the excluded, is
pertinent to various socio-cultural contexts, is of high quality, is
gender-sensitive (that is, it acknowledges the differences between men and
women while upholding their fundamental equality and working to eliminate
gender inequities), and promotes inter-personal, inter-cultural, and
international dialogue.
Women's
disabilities have long been recognised in India as social barriers and
hindrances to societal advancement. The significance of women's education has
been recognised more and more in the contemporary Indian discussion on economic
development and social change. The country cannot afford to ignore over half of
its human resource. Women's education is now empirically proven to be a single
panacea for a myriad of social evils. It is now generally acknowledged that
there is an inverse relationship between female literacy and population
increase, newborn mortality, maternal mortality, malnutrition, and reduced
productivity. Women's education has shown how effective population control
through literacy is.
Education for
girls has rightfully been seen as essential and significant. Women need adult
education to stay up with new problems and to make up for a lack of education
in the past. Women, who are frequently less geographically mobile, have proven
to benefit most from distance education. Due to cultural and familial
constraints, women are less mobile than men. The current gender gap in
educational possibilities, despite recent improvements, is a challenge to ideas
of justice and development. It poses an equal threat to world peace. India
requires educated women and men who actively contribute to the development of
our shared future.
b) HEALTH
Access to
healthcare and physical well-being are significantly influenced by gender.
The health of
Indian women differs significantly from that of Western women, in large part
because of differences in their dietary practises, living levels, way of life,
and environmental influences. Complex biological, social, cultural, religious,
and other connected elements all have an impact on her health. Women in India's
predominately patriarchal society receive less money and less access to
healthcare. In terms of diet, care awareness, treatment, and prevention, they
face discrimination. When women reach old age, the effects of all these factors
come to a head. Neglect of women, especially of girls, is a stain on our
culture. According to the WHO's Regional Health Report for 1998, 74 million
women in South Asia are just absent. Men outweigh women in the population in
this area more than everywhere else in the globe. An extensive study of death
rates, morbidity rates, hospital treatment, and nutritional attention conducted
in India, according to renowned economist Amartya Sen, confirms a fairly
conclusive picture of the systematic deprivation of women in many areas of the
country, notably rural India. Women's health is worsened by factors like
poverty, illiteracy, rural upbringing, lower caste, widowhood, abandonment,
handicap, being in a monogamous marriage, or not having children. The worst
cases of this problem can be found in the northern states of India, where the
low levels of female literacy and low social standing of women have kept them
under social, cultural, and religious oppression. Their health status is
significantly impacted in locations where women and girls are neglected.
High rates of
maternal and new-born mortality, births, female foeticide cases, and dowry
fatalities can be found in areas with low levels of female literacy. When
gender prejudice is socialised and internalised, it becomes invisible to those
who lack gender sensitivity. In civilizations where women are treated with
dignity and considered as equal partners, differences in nutrition, educational
opportunities, freedom of movement, etc., between children of different genders
within the same family are not observed. In areas where women have a low social
status, there are higher rates of female infant mortality, fertility, maternal
mortality, low female literacy, female nutritional status, and age at marriage.
The physical, emotional, social, and economic well-being of women has not seen
any significant improvement. Women have strived to thrive, raise kids,
construct houses, pay for their health care, and nurture their communities
despite severe limitations. The work, perseverance, and care that its women
contribute has neither been acknowledged nor appreciated in the world.
VIOLENCE IS A SOCIETAL ANALYSIS
Women's violence
is a serious issue that requires quick response.
Domestic violence
is not the only form of violence. Women are constantly at risk of abuse,
harassment (both verbal and physical), and even rape. Apart from interpersonal
violence, women and children continue to be the most common victims of both
man-made and natural disasters. Hence, natural disasters like famines,
cyclones, and earthquakes as well as social unrest, labour disputes, poverty
and debt, fundamentalism, extremism, casteism, and local fanaticism target
women first. Women are still forced to live in dangerous circumstances. She
frequently experiences physical abuse both inside and outside of her house. In
India, we have recently enacted significant legal measures to stop violence
against women. Men who valued their honour and the honour of their community
inscribed these values on the bodies of their wives, resulting in sexual
violence in a feudal-caste-religious setting. As a result, maintaining a
woman's chastity or sexually attacking a woman were viewed as equivalent to
upholding and defiling male honour, caste, or religion, respectively. Throughout
the late 1980s and subsequently, there were many incidents of caste and
religious riots, and women were frequently at the centre of the unrest as
victims or focal points of the violent assertions of caste identity or
religious fervour. Feminists who worked with the rural poor, Dalits, Adivasis,
or riot victims regarded sexual violence as a specific and gendered expression
of power devoted to maintaining a hierarchical system.
The threat of
sexual harassment has grown for working women in today's world. Usually,
victims of harassment do not come forward to report incidents of harassment.
Unfortunately, the advancement of society has harmed the status of women at
home and at work. Although while women have entered traditionally male domains
like politics or the public service in India, their working conditions are by
no means pleasant. In terms of treating women equally at home and at work,
Indian men still have a long way to go. One cannot spend a day without reading
about a sexual harassment incident, whether it occurred in a hospital, academic
institution, or secretariat. Sexual violence, sexual harassment, and other
crimes against women are on the rise. Epidemiological research is needed to
determine the cause, extent, nature, spectrum, and forms of this pathology, as
well as its pathogenesis. Measures to address this phenomenon should also be
identified. Health personnel are not adequately trained or sensitive to
recognise and address this problem on a medical, legal, and psychological
level. They are uninformed and unprepared to provide legal advice and
counselling[10].
CONCLUSION
Gender equity
emphasises that all people, men and women, are free to develop their abilities
and make choices without being constrained by stereotypes, rigid gender roles,
political and other prejudices. Their various behaviours and aspirations should
be valued and favoured equally, and they should be treated fairly based on
their individual needs. Social justice in the spirit of gender justice is regarded
as an important means of accomplishing this.
Women's current
subordination stems not from unchangeable biological differences, but from
social and cultural values, ideologies, and institutions that ensure women's
material and ideological subordination[11].
Over time, the
importance of women as a group in development has changed. It is now widely
acknowledged that empowering women for growth is essential for rising
productivity, more equity, and societal advancement. It is considered crucial
for marginalised groups, such as women, to participate in decision-making. A
woman can battle injustice with empowerment, self-assurance, and an independent
spirit. Half of the population is impacted by gender discrimination. The main
organisation that supports gender inequality is patrilocality. The main cause
of women's powerlessness and lack of resources is patrilocality. But, in a
nuclear family, where the husband and wife live together, women will have far
greater independence and equality. Moreover, progress towards gender justice
and sex equality has been extremely gradual[12].
Through the ages,
women have been subordinate to men in all societies and nations without
exception. Only now, at the turn of the 20th and beginning of the 21st
centuries, are these twin forces being more acknowledged and addressed. The law
acts as a catalyst to alter not only unfavourable circumstances but also
people's mindsets. In India, the judiciary, in especially the Supreme Courts,
has shown sensitivity in all areas of the law that influence women's rights and
protection, such as marriage, guardianship, maintenance, domicile, and
inheritance in civil affairs. They have also contributed to ending the
discrimination against women in criminal cases involving crimes against women,
such as rape. Nonetheless, the law is limited in its power. As crucial as legal
reform is a shift in society's attitudes.
All facets of
society must contribute to this transformation, and here N.G.O.s, the media,
and the representatives of the people must play a significant role.
Genuine human
equality, in which neither men nor women are superior to one another, is what
gender justice entails. The goal of gender justice is to achieve gender
equality in all areas of life. It does not, however, assert that women are
treated more favourably than men. Biology is not the foundation of gender
justice. Its goal is to eliminate divisions caused by humans in the economic,
social, cultural, political, and civil spheres.
It takes time for
discriminatory and degrading behaviours to disappear from society.
Gender justice and
sex equality have advanced very slowly. The moment is right to remove sexism
and gender inequality and establish gender justice in our society now that
apartheid, racial discrimination, and slavery have been ended. It is necessary
to accelerate the movement for development and human rights. Hence, let's enter
the twenty-first century and the millennium knowing full well that gender
equity is the cornerstone to peace, human rights, and growth. In the sake of
social justice and social progress, it is now the duty of all governments,
international organisations, and nongovernmental groups to actively pursue
measures to establish an environment of equality for women in society[13].
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