Constitutional Rights and Patriarchal Barriers to Women’s Equality

1. Constitutional Rights and Patriarchal Barriers to Women’s Equality Dr V Rukmini Rao

2. 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

3. 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

4. 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

5. 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.

6. 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.

7. 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."

8. 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;

9. 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

10. 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

11. 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

12. 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)

13. 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

14. 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)

15. 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.

16. 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%

17. 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

18. 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

19. 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

20. Are women completely powerless? • No • Women’s support for the rule of men is secured by • Indoctrination • Educational deprivation • Denial of knowledge • Dividing women through “respectability”, “deviance” etc

21. 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”