The Struggle Against Gender Discrimination: Upholding Women’s Human Rights

In a society where daughters are celebrated on one hand yet systematically denied opportunities on the other, gender discrimination remains one of India’s most pressing human rights challenges. Despite constitutional guarantees of equality and decades of legislative efforts, women continue to face barriers rooted in deeply entrenched patriarchal norms that permeate every aspect of life.

The patriarchal foundation of gender discrimination 🔗

Patriarchy in India operates through multiple channels – caste, religion, culture, and legal systems – shaping family dynamics and power relations across generations. UNICEF India notes that girls and boys witness gender inequality daily in their homes, textbooks, movies, and communities. This early socialization creates a foundation where traditional gender roles become normalized, making discrimination appear natural rather than constructed.

The manifestations of this patriarchal structure are stark. Indian women earn only 64% of what men earn for the same work and qualifications. Women face restricted mobility, limited decision-making authority, and expectations that confine them to caregiving roles. Nearly 90% of Indians agree that wives must obey their husbands, including about two-thirds who completely agree with this notion.

Societal norms that perpetuate inequality 🔗

Perhaps no practice illustrates son preference more clearly than the skewed sex ratio at birth. For years, India has had one of the world’s most imbalanced ratios, with the 2011 census showing 111 boys born for every 100 girls. This reflects the practice of sex-selective abortion, which persists despite being illegal. Four in ten Indians find it acceptable to use modern methods to balance the number of girls and boys in a family.

The reasons for son preference are deeply embedded in economic and social structures. Sons traditionally stay with parents and provide financial support, while daughters leave their natal homes upon marriage. The illegal practice of dowry persists, further reinforcing the perception that daughters are economic burdens rather than assets. Nearly all Indians say having at least one son is very important, compared to 90% who say the same about daughters.

Educational and economic barriers 🔗

Access to education remains unequal. The female literacy rate stands at approximately 72%, compared to 84% for males. This gap is more pronounced in rural areas where girls often drop out due to early marriage, household responsibilities, or lack of safe educational spaces. Without education, women face limited economic opportunities and increased vulnerability to exploitation.

India’s female labor force participation rate is alarmingly low at approximately 25%, reflecting systemic barriers to women’s workforce inclusion. Those who do work face wage discrimination, clustering in gender-stereotyped professions like nursing and teaching, and disproportionately shoulder unpaid domestic labor that goes unrecognized and undervalued.

Violence against women: a pervasive crisis 🔗

Gender-based violence represents one of the gravest manifestations of discrimination. Three-quarters of Indians consider violence against women a very big problem, comparable to concerns about crime and corruption. Police cases registered as crimes against women nearly doubled between 2010 and 2019.

Domestic violence affects millions of Indian women. The National Family Health Survey found that 18.4% of women aged 15-49 reported experiencing physical or sexual violence by an intimate partner in a 12-month period. During the COVID-19 pandemic, the National Commission for Women reported a twofold increase in gender-based violence complaints.

Forms of gender-based violence 🔗

Violence takes multiple forms beyond physical abuse. Dowry-related violence and deaths continue despite the Dowry Prohibition Act of 1961. Sexual violence, including rape, remains widespread, with one woman raped every 20 minutes according to National Crime Records Bureau data. Marital rape is not criminalized in India, leaving married women without legal protection against sexual violence within marriage.

Women also face harassment, stalking, acid attacks, and trafficking. The acceptance of violence is troubling – studies show that 45% of Indian women justify their husbands’ abusive actions under certain circumstances, indicating how deeply normalized gender-based violence has become.

Legislative frameworks to combat discrimination 🔗

The Constitution grants women equality and empowers the state to adopt positive discrimination measures. Article 14 ensures equality before law, Article 15 prohibits discrimination based on gender, and Article 16 guarantees equal opportunities in public employment.

Several laws specifically address gender-based violence and discrimination. The Dowry Prohibition Act of 1961 criminalizes dowry demands and transactions. Section 498A of the Indian Penal Code, introduced in 1983, addresses cruelty by husbands or relatives. The Protection of Women from Domestic Violence Act of 2005, which came into force in 2006, defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.

Recent legal developments 🔗

The Criminal Law Amendment Act of 2013 expanded the Indian Penal Code to include offenses like acid attacks, disrobing, sexual harassment, and stalking. It raised the age of consent to 18 and increased penalties for gang rape. The Sexual Harassment of Women at Workplace Act of 2013 provides mechanisms to address workplace harassment. In 2024, three new criminal laws replaced colonial-era legislation, aiming to modernize the legal framework.

India is also a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women, committing to international standards of gender equality.

The implementation gap 🔗

Despite robust legal frameworks, enforcement remains weak. Many women lack awareness of their rights under existing laws. Police officers and medical professionals may refuse to register cases due to social pressures or sympathies with perpetrators. Victims face victim-shaming, being told their safety is their own responsibility. The slow-moving nature of the legal system and corruption within justice institutions further discourage women from seeking help.

The government has established the National Commission for Women to monitor constitutional safeguards, review legislation, and investigate complaints involving deprivation of women’s rights. Women’s police stations, One-Stop Centres, and helplines have been created to provide institutional support. However, these mechanisms require stronger implementation and adequate funding to be truly effective.

The path forward: beyond legal reform 🔗

Legal changes alone cannot eliminate gender discrimination. About half of Indians say teaching boys to respect women is more important than teaching girls to behave appropriately when it comes to improving women’s safety. This recognition that attitudes must change represents a crucial shift.

Societal transformation requires challenging patriarchal norms at multiple levels. Education plays a critical role – not just in ensuring girls attend school, but in reshaping curricula to promote gender equality. Economic empowerment through equal pay, property rights, and workforce participation can shift power dynamics. Media, religious institutions, and community leaders must actively promote egalitarian values.

Men and boys must be engaged as allies in this transformation. Programs that promote gender-sensitive parenting, challenge harmful masculinity norms, and educate about consent and respect are essential. Women’s movements and civil society organizations continue to play vital roles in advocacy, awareness-raising, and supporting victims.

What do you think? How can India bridge the gap between constitutional guarantees of equality and the lived reality of millions of women? What role should educational institutions play in challenging patriarchal attitudes from an early age?

References

1. https://www.unicef.org/india/what-we-do/gender-equality
2. https://en.wikipedia.org/wiki/Gender_inequality_in_India
3. https://www.pewresearch.org/religion/2022/03/02/how-indians-view-gender-roles-in-families-and-society/
4. https://india.un.org/en/172095-gender-equality-and-youth-development
5. https://data.unwomen.org/country/india
6. https://www.pib.gov.in/newsite/erelcontent.aspx?relid=35773
7. https://data.unwomen.org/global-database-on-violence-against-women/country-profile/India/measures/Protection%20of%20Women%20from%20Domestic%20Violence%20Act