Discrimination against women in India

Defining discrimination against women:

Legislation should broadly define discrimination against women as any
distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
Legislation should also recognize that widows are entitled to freedom of
movement, to access to social, educational or health services, to choose her
residence, diet, attire and lifestyle, as well as equality with men in terms of
citizenship. In addition, legislation should protect widows living with or affected
by HIV/AIDS by prohibiting discrimination based on HIV/AIDS in the sale, lease,
inheritance or disposition of other property.

Gender Discrimination in India:

In India irrespective of the caste, creed, religion and social status, the overall status
of a woman is lower than men and therefore a male child is preferred over a female
child. A male child is considered a blessing and his birth is celebrated as opposed
to a female child where her birth is not celebrated and is considered more of a
burden. Therefore, education and health care of the female child in India is an
important social indicator to measure equality between men and women.
According to the 2001 Indian census, overall male-female ratio was 927 females
per 1000 males. However, the 2011 Indian census shows that there are 914 females
per 1000 males. During the last decade the number of female children to male
children in the youngest age group fell from 945 per 1000 males to 927 females per
1000 males.
As per the data available there seems to be gender disparity depending on the
location, as the Northern states(particularly Punjab, Haryana, and Himachal
Pradesh) seem to be more biased than the Southern states. The sharpest decline for
the age group of zero to six years is observed in the Northern States particularly in
Punjab (793 females per 1000 males) and Haryana (820 females per 1000
males). These new figures point out that the use of new technology contributes to
the gender composition. Furthermore, the availability of and access to new
technology provides new ways for parents to achieve such goals of sex
determination before birth. Due to the widespread use of this technology the Indian
Government has banned the sex determination before birth. In spite of these bans
imposed by the Government, the law is not widely followed, see sex-selective-
abortion.
A social development report presented in 2010 to the World Bank and UNDP,
found that the time a female child and a male child spends on various activities is
similar, with the exception of domestic work and social/resting time; a female child
spends nearly three forth of an hour more on domestic work than a male child and
therefore lesser hours of social activity/resting then boys. Despite progress in
advancing gender equity from a legal standpoint, in practice many women and
female children still lack opportunities, and support for the socio-economic
advancement. Historically, the inclusion of young girls and women in education
has helped challenge gender stereotypes and discrimination. This suggests that
providing space for young girls to develop leadership skills, through education and
healthy living is important. This can shape attitudes towards women's capabilities
as leaders and decision makers especially in conventionally male domains and
male dominated cultures. Because of the sex preference of male children in India,
female children are deemed of resources in the areas of health and education.

Types of discrimination:
1) Pregnancy discrimination is a type of employment discrimination that
occurs when expectant women are fired, not hired, or otherwise
discriminated against due to their pregnancy or intention to become
pregnant. Common forms of pregnancy discrimination include not being
hired due to visible pregnancy or likelihood of becoming pregnant, being
fired after informing an employer of one's pregnancy, being fired
after maternity leave, and receiving a pay dock due to
pregnancy. Convention on the Elimination of All Forms of Discrimination
against Women prohibits dismissal on the grounds of maternity or
pregnancy and ensures right to maternity leave or comparable social
benefits. The Maternity Protection Convention C 183 proclaims adequate
protection for pregnancy as well. To date, there is not a federal law that
protects pregnancy discrimination in the US. The Equal Rights Amendment
could ensure a right to sex equality in that women and men could work and
have children at the same time.
2) Social discrimination: Women are discriminated against in many societies
which are patriarchal essentially in nature. The reasons are social, cultural
and economic. Some religions including cultural beliefs consider that
women are subordinate to men and this percolates to the children within the
family consciously and subconsciously through the process of socialization.
So the society takes it granted that women are inferior to men and this
becomes the starting point of the discrimination. India is traditionally a
patriarchal society where male domination is immense and women are under
social control till the time of their birth to their birth. Women suffer from
lack of independence in economic matters, choice of education, decision
making and especially in matters of marriage. Even though men and women
perform the same work men are paid more than women. In several
companies there is glass ceiling where women are given jobs with less
decision making power. But in the recent years with several legislations
favoring women, modern education and economic independence of women
the society is changing its outlook towards women.
3) Employment discrimination is a form of discrimination based
on race, gender, religion, national
origin, physical or mental disability, age, sexual orientation, and gender
identity by employers. Earnings differentials or occupational differentiation
is not in and of itself evidence of employment discrimination.
Discrimination can be intended and involved is separate treatment of a group
or be unintended, yet create disparate impact for a group.
4) Discrimination against atheists, both at present and historically, includes
the persecution of those identifying themselves or labeled by others
as atheists, as well as the discrimination against them. Discrimination
against atheists may also refer to and comprise the negative attitudes
towards, prejudice, hostility, hatred, fear, and/or intolerance towards atheists
and/or atheism. Because atheism can be defined in various ways, those
discriminated against or persecuted on the grounds of being atheists might
not have been considered atheists in a different time or place. As of 2015, 19
countries punish their citizens for apostasy, and in 14 of those countries it is
punishable by death.
 5) Housing discrimination is discrimination in which an individual or family
is treated unequally when trying to buy, rent, lease, sell or finance a home
based on certain characteristics, such as race, class, sex, religion, national
origin, and familial status. This type of discrimination can lead to housing
and spatial inequality and racial segregation which, in turn, can exacerbate
wealth disparities between certain groups. In the United States, housing
discrimination began after the abolition of slavery as part of a federally
sponsored law, but has since been made illegal; however, studies show that
housing discrimination still exists.

Abuse against women in India

Domestic violence is abuse by one partner against another in an intimate

relationship such as dating, marriage, cohabitation or a familial relationship.
Domestic violence is also known as domestic abuse, spousal abuse, battering,
family violence, dating abuse and intimate partner violence (IPV). Domestic
violence can be physical, emotional, verbal, economic and sexual abuse. Domestic
violence can be subtle, coercive or violent. In India, 70% of women are victims of
domestic violence.
38% of Indian men admit they have physically abused their partners. The Indian
government has taken measures to try to reduce domestic violence through
legislation such as the Protection of Women from Domestic Violence Act 2005.
Every 9 minutes, a case of cruelty is committed by either of husband or a relative
of the husband. Cruelty by a husband or his relatives is the greatest occurring crime
against women. From 2011 to 2012, there was a 7.5% increase in cruelty by
husbands and relatives. In West Bengal, there were 19,865 cases, accounting for
18.7% of the national total, and in Andhra Pradesh, there were 13,389 cases,
accounting for 12.6% of the national total. However the point to be noted here is
that the Section 498a, which is called the anti dowry law is the most misused law
in India. Many of these cases filed against men using 498a are false and no actions
are usually taken against women even if they are proven wrong. This is one of the
major factors for married Men's suicide in India which comes to 1 in every 9
minutes.