GENDER NEUTRALISM IN INDIA

Authored by Arunoday Devgan Law Student from DME GGSIPU

“As long as women face violence and discrimination, our efforts to eradicate poverty, achieve equality, and advance human rights and democracy will not succeed.” –Michelle Bachelet

The author has started this article by the introduction of defining gender. Gender is a term defined as an individual belonging to the classification of male and female and have also taken time to consider third gender. The third gender has been introduced and well known by people but consideration to that gender is given in the 21st Century with certain rights that have been stated about Gender Neutrality.

Gender Neutrality is something that the society needs to take as its responsibility of administration but also of the citizens of the Nation. So understanding every part of loophole and way it will lead to solution is the aspect that will happen when people in society and government will lead to amend and make a great success towards upliftment of civilization.

History of India is always being enriching and is applauded. On the other hand it has also been criticized because incident that lead to casteism, racism, gender inequality, Sati Pratha. All these aspects are the mark of dark history. It is said to be a time where awareness to Gender equality and decline of these dark marks in the history was been put to the point by great leader like Raja Ram Mohan Roy. So, talking about the issue of Trans-gender was also highlighted in the past.

At present the laws were made after Independence of India in relation to Gender Equality and a road to create a better Nation. The laws that were introduced are as follows: –

  1. The Hindu Women Right to Property Act of 1973: In this act mother, daughter and widow has given desired rights to bring no disparity between men and women. It has been prescribed in this act that women of the house can sell, mortgage and sell of the property as the needed rights and that authority is given to them under the Act.
  2. Hindu Succession Act 1956: It being landmark act been observed and affirmed under law with relevant facts and made the woman have inheritance of property with equal rights.
  3. The Equal Remuneration Act 1976: This Act is landmark act which brought change in the system and criteria of thinking and seeing working women as the structured and important part of workplace and society. Education brings equality and this act was basically considering to the changing the significance of women in society.
  4. The Hindu Adoption and Maintenance Act 1956: The act has been explained in such aspect of law where the woman had given the full right of adoption of girl or boy child.
  5. The Dowry Prohibition Act 1961: The dowry system which was there in history of India and being followed before marriage and which lead to think of system and old ideology of rights of women being burned to the ground. It has been seen this barbaric system lead to many other incidents such as Sati Pratha. This act leads to the law which prescribed it as punishable offence under law with punishment of imprisonment and charges.
  6. The Hindu Minority and Guardianship Act 1956: This act has specified the basic problems and had been established to create a certain guideline which gives power, authority and certain belongingness to the women having natural guardianship entitled of her minor children (under 18 years).

The third gender on other hand is also facing problems as they were called hijras and many more names which make them lead to hated gender just because of the mentality and the education that we are going with in this present generation. Challenges faced by the Transgender are as following: –

  1. Poverty: Transgender has always faced poverty because most of the time they were not accepted in their own family which made them leave their own home. It has been very difficult for them in India because of the society we live in is not getting sufficient education and their ill treatment to them is violation of Article 21 which gives equal rights to everyone in India to bee treated with just without any discrimination. They don’t get job just because of their gender which made them do jobs out of their own will.
  2. Mental Health Issues: The society being armed on them by putting their own ideology and atlas their own parents not acknowledging and backing up make them self-doubt and lead to bad decision. The societies ill-will brings to deterioration in Trans-Gender health.

The act that lead to change of Transgender involvement in society and their well-being is a priority: –

  1. Rights and Protection Act 2019: It is act that was aiming on bringing equality and sense of belief in livelihood among people of India which was not there of in many parts of nation. Its main aim is to eliminate the crimes and assault being carried against Transgenders which was leading to deterioration of society.

In conclusion I will be putting light on the fact that India has evolved in its laws and guidelines for better society leading to great nation is being put with utmost importance with changing in education system, gender based laws, women empowerment, level of punishment being increased for the assault and in murder cases.

“Sharing the fruits of growth and globalization equally between men and women and transgenders is essential to meeting key development goals.” – Justin Yifu Lin

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