Constitutional Rights and Patriarchal Barriers
to Women’s Equality
Dr V Rukmini Rao
Women’s Constitutional Rights in India Article 14 says that the government shall
not deny to any person equality before law or the equal protection of the laws
Article 15 declares that government shall not discriminate against any citizen on the grounds of sex
Women’s Constitutional Rights in India Article 15 (3) makes a special provision
enabling the State to make affirmative discriminations in favour of women
Article 16 guarantees that no citizen shall be discriminated against in matters of public employment on the grounds of sex
Women’s Constitutional Rights in India Article 42 directs the State to make
provision for ensuring just and humane conditions of work and maternity relief
Articles 15 (A) (e) imposes a fundamental on every citizen to renounce the practices derogatory to the dignity of women
The government can pass special laws in favour of women
Women’s Constitutional Rights in India Article 16 of the Constitution of India
guarantees Equality of opportunity in matters of public employment
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
Women’s Constitutional Rights in India Right to Freedom 19. Protection of certain rights regarding
freedom of speech, etc.- (1) All citizens shall have the right-
(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of
India; (g) to practise any profession, or to carry on any
occupation, trade or business.
Women’s Constitutional Rights in India Article 21. Protection Of Life And Personal
Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law
Article 21(A) reads "Right to Education - The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine."
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) Government of India is a signatory to this
convention from 1993 to incorporate the principle of equality of
men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) to establish tribunals and other public
institutions to ensure the effective protection of women against discrimination; and
to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises
What Prevents Equality?
Patriarchy is a system which refers to male domination, to the power relationships by which men dominate women
It is a system where by women are kept subordinate in a number of ways
Patriarchy is an ideology and a system by which men are privileged over women
What do Men Control?
Women’s productive or labor power Women’s reproduction – husband over wife –
patriarchal state controls women’s reproduction through population control programmes
Control over women’s sexuality Women’s mobility Property and other economic resources
Patriarchal Institutions
Family With in the Family, boys learns to assert
and dominate girls to submit and expect unequal treatment
A man is considered as a head of the family
In some traditional systems men exchange women (producing inferiorized psychology of women – Sylvia Walby)
Religion
In India, family law is governed by religious law
In all religions women are subordinate to men considered inferior, impure and sinful
Religions influence state policy
The Legal System
In most countries the legal system is both patriarchal and bourgeois ie favors men and economically powerful classes
Systems of jurisprudence, the judiciary judges and lawyers are mostly men (few exceptions)
The Economic System and Economic Institutions With in a patriarchal economic system,
men control the economic institutions, own most property, direct economic activity, and determine the value of different productive activities.
Most productive work done by women is neither recognized nor paid for
Housework is completely discounted.
Political Systems and Institutions
Almost all political institutions in society, at all levels, are male dominated
In India, 50% reservation for women in Panchayats has increased numbers but not effectiveness
Women in power due to family linkages with important men
Women in Parliament now are 9.02%
Media
Media in the hands of upper class, upper caste men propagate class and gender ideology.
Messages about male superiority and female inferiority are constantly repeated
Sexual violence is portrayed graphically Women under represented in the
profession
Educational Institutions and Knowledge Systems Since learning and education became
formal and institutionalized, men have assumed control over whole areas of knowledge
Example, female birth attendants devalued and male gynecologists privileged
Women prevented from studying scriptures
Institutionalized Violence Against Women Male violence is routinely experienced by
women and is systemically condoned Domestic violence considered routine and
normal Sexual harassment on the street attributed to
women’s clothing etc Restricted mobility due to fear of rape Female feticide, witch hunting, dowry murders
routinized
Are women completely powerless?
No Women’s support for the rule of men is
secured by IndoctrinationEducational deprivationDenial of knowledge Dividing women through “respectability”,
“deviance” etc
Do all men benefit as men from patriarchy Yes and No Men enjoy certain privileges Working class men enjoy privileges over
their women Disadvantages
pushed into stereotypes Denied genuine choices
Men who are gentle and unaggressive are mocked for being “henpecked”