Gender Discrimination

This article was written by Khangembam Alka, a student of Symbiosis Law School in Pune.

Abstract

Introduction: Gender discrimination or Sexism is discrimination based on one’s gender. Girls and boys experience gender inequality every day at home and in the community, among textbooks, the media, and among the adults who care for them. Sexism can harm anyone, but women and girls are particularly disadvantaged. Stereotypes are the main reason to blame; they sometimes imply that one sex or gender is intrinsically superior to the other. Sexual harassment, rape, and different types of sexual violence can all be exacerbated by extreme sexism. While it is critical to address the serious problems, little and seemingly innocuous acts of everyday sexism are also contributing to the maintenance and normalization of gender bias.

Objectives: The purpose of this research is to showcase the various aspects of sexism, what kinds of problems arise due to sexism, and how widespread and ancient this issue is. This research paper will deal with an in-depth study of sexism and analyze the restrictions put on a female of different age groups.

Sources of data: The research conducted is based on both primary as well as secondary data. An in-depth research was conducted with the help of various sources on the matter; it also includes personal experiences that have been witnessed in day-to-day life. The secondary data has been derived from sources, viz. inter alia books, journal articles, newspaper articles, reports.

Conclusion: After analyzing the data available, which includes reports and statistics, articles, and experiences, it can be concluded that gender-based discrimination is prevalent even in the 21st century. Gender-based discrimination is no longer an issue that deals with only the hardship women face; it also encompasses various issues that deal with a male under its ambit. One of the primary reasons why it is so deep-rooted in our society could be that it has been prevailing for a long time to the extent that certain things are normalized, and people have just learned to live with it.

Introduction:

Sexist ideologies have been classified as hierarchy-enhancing legitimizing myths that justify the creation of inequality. These sexist ideologies are associated with an ancient history where women were treated less superior to men. Their thoughts, wishes, ambitions were not given importance, they were not given voting rights, and they lived under constant domination of men; for example, in Japan, the elder sister must bow to her younger brother, but the younger brother is not mandated to bow to his elder sister. Similarly, in India, the bride touches the feet of her groom, but the groom is never seen touching the feet of his bride. These traditions have been followed for a long time, and they have been normalized to the extent that nobody questions them and blindly just follows them as it is. Worldwide, nearly 1 in 4 girls between the ages of 15 and 19 are neither employed nor in education or training – compared to 1 in 10 boys[1]. This clearly makes a difference of 3, which is not an insignificant number. Women between the age of 15-19 are generally forced to get married in many rural areas, and once they get married, they are not allowed to continue their education, and in most cases, they get pregnant at a very early age which disables them from all sorts of work. Some 1 in 20 girls between the ages of 15 and 19 – around 13 million globally – have experienced forced sex in their lifetimes.[2] There are various laws globally protecting a woman from any kind of sexual harassment that she may face at any point in time. But still, many women encounter such incidents daily, and half of them refuse to seek justice. Women from an early age in many families are made to learn that they must remain quiet and not be vocal; many grow with the same tendency, and therefore, when any sort of bad incident happens to them, they prefer to remain quiet, and the same is prevalent in India. Hence, India has ranked 140 out of 156 countries in the Global Gender Gap Index 2021[3]. India has been a country where violence against women has been a major cause of concern for a long time, and this issue seems to be never-ending looking at the rank which India has secured this year. The Gender Gap Index considers many criteria, such as Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment, which means India does poorly in all the criteria mentioned above, and this issue is not just relevant to India. However, it is relevant to the whole world. Women across the world face gender based-discrimination at least at one point in their life. Western European countries seem to do fairly well compared to South Asian countries, but the discrimination is not eradicated to one hundred percent in any part of the world.

The above figures indicate the fact that gender discrimination has not been eradicated yet and it is prevalent in all the parts of the world and all kinds of the field that there is. Only when both men and women have an equal opportunity can they improve and develop a nation at a faster rate. The long-standing social system denies girls the same chances as men. In most households, women are the primary caretakers. Women are mostly responsible for home tasks. As a result of this,  Women are underrepresented in higher education, decision-making positions, and leadership positions. Gender disparities hamper a country’s growth rate. When the number of women in the workforce rises, so does the country’s economic growth rate. Gender equality boosts both the nation’s general well-being and economic development. To understand this issue better we must look at certain areas in-depth to fully comprehend and come at a solution to this issue.

Gender-based discrimination at home:

Home is where the heart is. Nevertheless, it is also the first place where children are socialized into gender norms, values, and stereotypes. From the moment a child is born, their assigned sex shapes how they should be treated, what chances they should have, and how they should behave in accordance with dominant gender stereotypes in their culture. Without a doubt, the home setting has the greatest impact on gender role development, with parents exhibiting and passing on their own gender ideas to their children.

In many patriarchal countries, boys are thought to be superior to girls, and families with only girls are more likely to continue having children than families with just sons, indicating a preference for male offspring in the family. Families teach their daughters to keep quiet while they teach their sons to be vocal. They teach their daughters to dress up in a certain way and do not say anything to the male child. When a child grows up in this environment, the child develops a stereotype that women are inferior to men and that there is only a a certain number of tasks that a woman can do. Gendered norms also result in girls and women experiencing violence, harassment, and struggling to receive equal pay and opportunities.

In 2020, the world was hit by COVID-19, due to which many nations had to impose a nationwide lockdown to keep their citizens safe and avoid the spread of the disease. However, none of the nations could have foreseen that domestic violence cases will spike dynamically when they impose lockdown. The lockdown was imposed to keep people safe, but women were not even safe in their own homes. Many people lost their jobs during the pandemic as the productivity was low; in many households, the earning member is a male, and when they lost their jobs due to the pandemic, their wife became their prey. The number of complaints of domestic violence received by the National Commission for Women rose sharply from 2,960 in 2019 to 5,297 in 2020, the year of the lockdown when most people were confined to their homes due to Covid-19. [7]

Education plays an important role in one’s life. It shapes their future and makes them self-reliant. While interviewing a few family members of mine, I got to know that my Grandmother’s education was stopped, and she could not continue it as her parents felt that her brother’s education was more important in comparison to hers; and they could only afford to educate one person. The same thing happens even today; when the families feel that they can afford to educate only one person, they always opt for their son and not daughter as they feel that ultimately their daughter will get married, and educating her is of no use. Hence, they invest in their son hoping that he will look after them in their old age.

Gender-based inequality at workplace :

Due to the numerous forms of gender inequalities prevalent, the workplace has been referred to as an uncomfortable place for women. Uneven pay, disparities in promotions, occurrences of sexual harassment, and racism are all examples of gender inequality in the workplace. It often manifests itself in subtler ways, such as fewer options for moms and a higher burnout rate amongst women.

Equal pay for men and women is a pipe dream. Women had earned 84 percent of what males earned for the same occupation in 2020. The wage disparity between men and women has remained stable over the years, dropping by only 8 percent in 25 years. There are a multitude of aspects to blame, including “sticky floors” associated with conventional social rules that hinder women from pursuing higher-paying jobs or working in male-dominated industries, unequal educational opportunities, and discrimination.

Bias against mothers: Women during their pregnancy in many places receive a call to discontinue their job as the management feels that with the baby and pregnancy, a woman will not be able to devote herself to work. They feel that she will be incompetent to work. This reveals gender prejudices entrenched in the “work/family narrative,” which portrays women as caretakers and mothers. The (fallacious) assumption is that their commitment to family and childcare renders them less dedicated and therefore unable to work long hours as their male counterparts, particularly in high-level positions.

Incidents of sexual harassment: Most of the women have experienced sexual harassment at some point in their careers. But, there are only a few women who take action against it. Many others just stay quiet in fear of losing their jobs. Industries having more than 20 employees are mandated to set up a grievance committee with a female member in it; but, 77 percent of the industries have failed to do so.

Ownership Inequality:

Land disputes are not an uncommon thing to witness, it is very common within families, and there are lakhs of pending cases to be resolved in land disputes. However, when it comes to women, they did not even have a right to the property of their parents until the amendment of the Hindu Succession Act. The act states that the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. But this decision came out in the year 2020. The government took almost 65 years to recognize the rights of women when it comes to property. Even today, many women are not given any property belonging to their parents if she has a brother; the ownership is straight away given to the male child. The matter does not end here; a married working woman who was interviewed shared her experience, saying she had invested money in the home that she jointly bought with her husband was not given any entitlement under the agreement of purchase. The house was registered under her husband’s name even though she had paid an equal amount as of him. This kind of case happens every day where women are not given any entitlement in the property and are expected to remain quiet. Women comprise over 42 percent of the agricultural labour force in the country, signifying the increasing feminization of agriculture, and yet they own less than 2 percent of its farmland. The issue here is not that they do not earn enough to purchase a property, but the issue here is that they are denied the entitlement. According to the India Human Development Survey (IHDS), many families, notwithstanding the laws, ensure that most of the land is owned by either men or undivided families. Securing land rights is critical for women’s economic empowerment, establishing investment incentives, and providing an asset that may be used for agriculture or company development, and giving a stable financial basis. Many talented women who want to start up their small businesses lack investment. During such times, land can be kept as collateral to get a loan and start a small business, becoming self-reliant and improving the economy. Discriminatory social norms and behaviors are one of the most significant impediments to women’s access to land and property. The problem is exacerbated by poor policy execution, insufficient capacity to enforce regulations, and a lack of political will. In rural and urban regions alike, limited access to legal services and a lack of awareness of laws within communities and households – and by women themselves – create an invisible but nearly impassable barrier to women fulfilling their land and property rights. Hence, it is essential to spread awareness about the laws safeguarding women to overcome the inequality in this area.

Gender-based discrimination in freedom of speech:

Freedom of speech and expression is a fundamental right in India, and these fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. However, women, even in the 21st century, are not entitled to these rights. In many rural households, women are beaten up brutally if they put forward their views on a specific issue. Women’s expression is being stifled or killed by gender-based violence, hate speech, and misinformation both online and offline. Women’s equal right to freedom of expression and opinion is not respected, protected, or fulfilled by nations. Gender equality in freedom of expression remains a distant goal due to widespread gender suppression. Irene Khan, in her general assembly’s speech, said, “Sexism and misogyny, which are dominant factors in gendered censorship, have been heightened by the rise of populist, authoritarian, and fundamentalist forces around the world.[8]“ Irene Khan also added saying “In several countries, the online social behavior of young women and gender non-conforming people, especially those with marginalized identities, is policed by fundamentalist actors and censored and criminalized by governments under the guise of protecting ‘public morals.’ [9]Such action is paternalistic at best, misogynistic at worst.” Ms. Irene Khan has very well put forward how a woman is always misunderstood, and the statements made by her are always put through numerous judgments. Recently, there was a case when a popular person (female) spoke about live-in relationships with media, and that led to an outrage. People blamed her for just speaking her mind. She did not make any offensive statements, nor did she speak in a way to induce people to go for live-in relationships. She was just putting forward her reviews about it, and just because of that, she had to go through a miserable time. People made statements like, “how can a woman say such things on national television?” but why is it so shocking for the people to digest that a “woman” made such a statement. Why are women always expected to be so perfect and not say the things which they feel? It is the 21st century, and still, in day-to-day life, we get to face instances where a woman is expected to adhere to the norms of society and not speak her mind. Women’s equal right to freedom of opinion and expression must be front and center on national and international agendas if women are to reclaim lost ground, if countries are to resurrect their economy, and if governments are to regain public trust. Gender justice necessitates not only the abolition of unlawful restrictions on women’s right to freedom of expression but also the creation of an enabling environment in which women can exercise their agency and participate in political, social, cultural, and economic life safely, fully, and equally.

Conclusion:

This literature writing was an attempt to dig deeper into the topic of gender discrimination and discover how pervasive it is even in today’s age. Furthermore, based on the preceding arguments, gender inequality is clearly a global issue. Despite the fact that its volume has reduced significantly, it continues to exist and affects a large number of individuals on a daily basis. Moreover, there are several factors that contribute to gender prejudice that are difficult to address. Many countries have taken steps to tackle it, but India’s progress is sluggish in contrast. This might be because gender inequality has been for a long time and is strongly established in our culture, so people have become accustomed to it. However, there are reasons to believe that gender disparity will be eliminated in the future as a result of education and progressive thinking. Then, ideally, individuals of all genders will be able to live in harmony.

References

Research Papers and Journal Articles:

1. Mark J. Brandt, Sexism and Gender Inequality, 22, No. 11, Psychological Science, pp. 1413-1418 (6 pages), (Nov. 2011)
2. Donna Bobbitt -Zeher, Gender and Society, Vol. 25, No.6 , pp. 764-786 (23 pages) (Dec. 2011)
3. Julie Brines, Economic Dependency, Gender, and the Division of Labor at Home, American Journal of Sociology, Vol. 100, pp. 652-688, (Nov. 1994)

Books:

4. Khaled Hosseini, A Thousand Splendid Suns, Bloomsbury, (May 2007)

Government reports:

5. Gender equality, UNICEF, Report: https://www.unicef.org/gender-equality
6. Global gender gap index, 2021, report: World Economic Forum, https://www.weforum.org/reports/global-gender-gap-report-2021
7. Violence against women, UN Women, report: https://evaw-global-database.unwomen.org/pt/countries/asia/india?formofviolence=b51b5bac425b470883736a3245b7cbe6 .

Websites:

8. EBSCO – https://www.ebsco.com/products/research-databases
9. Lexis Nexis – https://www.lexisnexis.com/en-us
10. Scopus – https://www.scopus.com/home.uri
11. JSTOR- https://www.jstor.org/

[1] UNICEF, https://www.unicef.org/gender-equality (last visited Dec. 11, 2021)

[2] UNICEF, https://www.unicef.org/gender-equality (last visited Dec. 12, 2021)

[3] World Economic Forum, https://www.weforum.org/reports/global-gender-gap-report-2021, (last visited Dec. 12, 2021)

[4] Figure 1: World Economic Forum, https://www.weforum.org/reports/global-gender-gap-report-2021, (last visited Dec. 12, 2021)

[5]Figure 2: World Economic Forum, https://www.weforum.org/reports/global-gender-gap-report-2021, (last visited Dec. 12, 2021)

[6] Figure 3: World Economic Forum, https://www.weforum.org/reports/global-gender-gap-report-2021, (last visited Dec. 12, 2021)

[7] The Hindu, https://www.thehindu.com/news/national/ncw-records-sharp-spike-in-domestic-violence-amid-lockdown/article31835105.ece (last visited Dec. 12, 2021)

[8] United Nations Human Rights Office of the high commissioner, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27668&LangID=E (last visited Dec. 12, 2021)

[9] United Nations Human Rights Office of the high commissioner, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27668&LangID=E (last visited Dec. 12, 2021)