Q. Despite constitutional provisions ensuring gender equality, India’s founding mothers’ vision remains unfulfilled. Critically analyse the challenges in implementing feminist ideology in Indian constitutional practices, suggesting measures to bridge the gap between constitutional promises and reality. (15 M, 250 words)

Core Demand of the Question

  • Examine the gap between constitutional promises and gender equality in practice.
  • Critically analyze the challenges and opportunities of implementing feminist ideology.
  • Suggest measures to address these gaps between constitutional promises and reality.

Answer

The Indian Constitution aspires to create a society where gender equality is a core principle. Despite this, India’s ranking in the 2024 Global Gender Gap Index fell to 129th out of 146 countries, primarily due to setbacks in ‘Educational Attainment’ and ‘Political Empowerment.’ These numbers reveal the persistent gap between constitutional ideals and ground realities, highlighting the urgent need for reforms.

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Constitutional Provisions Ensuring Gender Equality

  • Article 14: Ensures equality before the law and equal protection of laws for all citizens.
  • Article 15(1): Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
  • Article 15(3): Allows the state to make special provisions for women and children to address historical inequalities.
  • Article 16: Promotes equal opportunity in public employment for men and women alike.
  • Article 39(a): Emphasizes that men and women should have equal access to livelihood opportunities.
  • Article 42: Mandates the state to ensure just and humane working conditions and maternity relief.

 

The Gap Between Constitutional Promises and Reality regarding Gender Equality

  • Political Underrepresentation: Women’s participation in governance remains minimal, limiting their ability to shape policies for equality.
    For example: Women account for only 13.6% of members in the 18th Lok Sabha, highlighting the need for better representation.
  • Domestic Violence: The prevalence of domestic violence indicates weak enforcement of protective laws, leaving women vulnerable in their homes.
    For example: NFHS-5 (2019-21) data shows that 29.3% of married women aged 18-49 have faced spousal violence despite existing laws.
  • Economic Participation: Women face challenges in entering the workforce and achieving financial independence despite constitutional safeguards.
    For example: The labor force participation rate (F-LFPR) for women rose to 37.0% in 2022-23, but barriers like wage gaps persist.
  • Educational Inequality: Limited access to quality education and early marriages restrict women’s growth and empowerment.
    For example: Although women’s literacy rate has risen to 77%, the rural literacy rate remains low at 67.77%.
  • Prevalence of Child Marriage: Although declining, child marriage continues to affect girls’ education and opportunities for self-reliance.

Challenges in Implementing Feminist Ideology

  • Weak Institutions: Organizations responsible for promoting gender equality often lack adequate resources, autonomy, and enforcement powers, limiting their impact on addressing systemic issues.
    For example: The NCW operates with limited investigative powers, restricting its ability to handle widespread grievances.
  • Fragmented Policies: Disjointed approaches to women-centric schemes dilute their impact and fail to address interconnected issues.
    For example: The Beti Bachao Beti Padhao scheme allocated over 56% of its funds to publicity rather than direct interventions, leading to minimal improvements in the child sex ratio and women’s education.
  • Legal Gaps: Several discriminatory practices remain entrenched in the legal framework, reflecting systemic gaps that hinder the realization of gender equality.
    For instance: Section 375 of the Indian Penal Code (IPC) excludes marital rape from its definition of rape unless the wife is under 15 years of age, leaving a significant gap in legal protection for women.
  • Economic Barriers: Wage gaps, limited access to credit, and workplace discrimination continue to restrict women’s financial independence.
    For example: India’s women earn only 18% of total labor income, compared to men’s 82% (World Inequality Report, 2022).
  • Educational Roadblocks: Gender stereotypes discourage girls from pursuing higher education or skill-based training.
    For example: As per PLFS 2021-22, 33.6% of women cited education as a reason for non-participation in the labor force, but societal norms hold them back. 

Opportunities for Implementing Feminist Ideology

  • Legislative Support: Laws that aim to enhance women’s representation in governance are essential for ensuring inclusivity and equitable decision-making.
    For example: The Women’s Reservation Bill (2023) reserves 33% of seats in legislative bodies for women, marking a transformative step toward increasing their participation in politics.
  • Economic Empowerment Schemes: Initiatives supporting women entrepreneurs are vital for fostering financial independence and reducing economic disparities.
    For example: As of 2023, the Stand Up India scheme has allocated 84% of the total 2.09 lakh loans sanctioned to women entrepreneurs. 
  • Grassroots Governance: Increased participation of women in local governance ensures more inclusive decision-making.
    For example: Women now occupy 50% of seats in many Panchayati Raj institutions due to reservation in local bodies.
  • Judicial Inclusion: Appointing more women in judicial positions ensures a more gender-sensitive interpretation of laws.
    For example: The anticipated appointment of Justice BV Nagarathna as the Chief Justice of India underscores efforts to increase inclusivity within the higher judiciary.
  • Global Commitments: Aligning domestic policies with international conventions strengthens efforts toward achieving gender equality.
    For example: Gender budgeting in India reflects Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)’s emphasis on empowering women through targeted policies.

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Measures to Bridge the Gap

  • Strengthening Institutions: Equipping institutional bodies with more resources and powers to enforce gender equity laws effectively.
    For example: Establishing district-level grievance cells can help the National Commission for Women (NCW) address issues in rural areas more effectively.
  • Integrated Policies: Combining education, employment, and healthcare initiatives to address women’s issues holistically.
    For example: The Samagra Shiksha Scheme promotes continuity in girls’ education from preschool to higher secondary levels.
  • Legal Reforms: Closing the existing gaps by criminalizing marital rape and expediting justice for gender-based crimes.
    For instance: Establishing fast-track courts has reduced delays in addressing cases of domestic violence.
  • Skill Development Programs: Training women in emerging industries like AI, robotics, and biotechnology to enhance their employability.
    For example: Skill India has trained 40% women beneficiaries in advanced technical fields as of 2022.
  • Public Awareness Campaigns: Expanding the programs like Beti Bachao, Beti Padhao to promote the value of educating girls.
    For example: The initiative has increased girl-child enrollment in schools by 10% since its launch.

The gap between constitutional promises and the reality of gender equality highlights the need for a concerted effort. By improving institutional capacities, implementing cohesive policies, and increasing public awareness, India can empower its women. By 2047, the nation can achieve its vision of gender equality, creating a society where every citizen has equal opportunities to succeed.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
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हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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