Instances of Gender Inequality

1. Traditional Hindu Religious Texts: The aforementioned gender equity rules go against the customs of individuals who uphold traditional religious principles. For instance, Manu’s traditional Hindu religious legal system allows for different treatment of the law and punishment according to caste and gender. Islamic legal traditions also exhibit gender inequality. The establishment of a uniform civil code, which has remained an unfulfilled aspirational requirement in the Constitution, was further hindered by the conflicting gender disparities of the two communities.

2. Hindu Family Law: Instances of gender disparity seen in contemporary Hindu family law include, Section 5.iii of the Hindu Marriage Act which sets the marriageable age for girls at 18 and for boys at 21. The government has recently suggested raising the age at which females can get married from 18 to 21. Section 6 of the Hindu Minority and Guardianship Act prohibits a mother from acting as a child’s natural guardian unless the father is deceased or otherwise disqualified. Section 6 of the Hindu Adoptions and Maintenance Act also forbids a mother from giving her child up for adoption unless the father is deceased or otherwise disqualified. These three sections of the Hindu Succession Act provide different methods of intestate (without a will) succession of property for male and female intestates.

3. Islamic Family Law: Examples of Islamic family laws that are thought to encourage gender inequality include:

• The legalization of polygamy;
• The widespread belief that a husband can divorce his wife through triple talaq; and
• The requirement that a Muslim husband provide maintenance to a divorced wife only for the three-month iddat period.

4. Talaq System in Muslims: There are three major types of talaq system in Muslims:

• Talaq-e-Ahsan: This is the best method for ending a marriage.
• Talaq-e-Hasan: Over the course of three months, talaq is proclaimed once a month in Talaq-e-Hasan. After the third utterance in the third month, divorce becomes official if cohabitation is not restored during this time.
• Talaq-e-Biddat or Instant Triple Talaq: This Islamic custom permits males to divorce their wives right away by saying the word “talaq” three times. It is also known as “Triple Talaq” or “Instant Triple Talaq.” The decision to dissolve the marriage may be made verbally, in writing, or electronically via phone, text message, email, or social media.

Gender equality is strongly supported in the Indian Constitution. The Preamble lays the groundwork for a society in which everyone is treated equally, including women. It sees a country where all citizens have equal access to justice and opportunities. There is a strong foundation for gender equality in the Indian Constitution. It forbids discrimination, ensures equal rights, and permits affirmative action to strengthen the position of women. The equitable treatment of all genders, guaranteeing equal rights and opportunities, is referred to as gender equality. Achieving gender equity in India is crucial because of the country’s deeply ingrained patriarchal practices. As the founding document of India, the Constitution strongly supports this goal, changing and developing throughout time to fulfill the nation’s goals.

Key Takeaways

• The Indian Constitution contains several clauses that address gender equality.
• The principle of gender equality is enshrined throughout the document, from the Preamble to the Fundamental Rights, Directive Principles, and Fundamental Duties.
• The Dowry Prohibition Act (1961), the Hindu Succession (Amendment) Act (2005), the Prevention of Sexual Harassment at Workplace Act (2013), etc. are major acts that have ensured gender equality and the welfare of women.