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”