Answer

Despite making up nearly 48% of the population, women hold less than 15% of Lok Sabha seats, leading to policy blind spots on key gender issues like workplace safety, unpaid care work, and economic rights. This exclusion reinforces patriarchal norms, limiting gender-sensitive policymaking. However, judicial interventions have played a crucial role in challenging discrimination, strengthening legal protections, and upholding constitutional rights, though their effectiveness in dismantling entrenched biases remains debatable.

Exclusion from Decision-Making & Policy Blind Spots

• Inadequate Maternity Benefits: Lack of women’s representation leads to weak enforcement of maternal rights, causing workplace discrimination during pregnancy and inadequate childcare support.
  For example: The Maternity Benefit (Amendment) Act, 2017 provides paid leave but remains under-implemented in the private sector, discouraging female workforce participation.
• Gender-Insensitive Labor Policies: Policies fail to accommodate flexible work arrangements, making it harder for women to balance professional and domestic responsibilities.
• Neglect of Sexual Harassment Laws: Many workplaces fail to comply with the POSH Act, 2013, due to male-dominated leadership ignoring the urgency of women’s safety.
• Gender Disparity in Economic Policies: Policies fail to support women entrepreneurs with equal credit access and business incentives, limiting their economic empowerment.
  

Effectiveness of Judicial Interventions

• Strengthening Workplace Rights: Courts have ensured gender-sensitive workplaces by striking down discriminatory termination and strengthening maternal protections.
  For example: SC reinstated two women judges in 2024, stating pregnancy-related dismissals are punitive and illegal, reinforcing workplace equity.
• Criminalizing Triple Talaq: Judicial rulings have overturned discriminatory religious practices, ensuring legal protection for women.
  For example: The Shayara Bano case (2017) led to criminalization of Triple Talaq, securing Muslim women’s marital rights.
• Expanding Women’s Inheritance Rights: Courts have upheld equal property rights, countering patriarchal biases in Hindu succession laws.
  For example: Supreme Court in Vineeta Sharma v. Rakesh Sharma, 2020 ruling declared that daughters have equal rights to ancestral property, irrespective of their father’s death.
• Enforcing Sexual Harassment Laws: Judicial activism has strengthened workplace safety laws, compelling institutions to implement protection mechanisms.
  For example: Vishaka v. State of Rajasthan (1997) led to the creation of the POSH Act, 2013, institutionalizing workplace safety measures.
• Protecting Women’s Autonomy: Courts have upheld personal freedoms, striking down patriarchal restrictions on marriage, dress codes, and mobility.
  For example: Hadiya Case (2018) reaffirmed a woman’s right to choose her spouse, rejecting forced parental control.

Way Forward

• Mandatory Political Representation: Implement 33% reservation for women in legislatures, ensuring gender-inclusive policy making.
  For example: The Women’s Reservation Bill (2023) must be fully implemented in upcoming elections to enhance representation.
• Strengthening Judicial Oversight: Courts should monitor and enforce compliance with gender laws, ensuring policy execution.
  For example: Fast-track courts must handle POSH Act violations, ensuring timely justice for workplace harassment cases.
• Expanding Economic Opportunities: Policies should increase financial inclusion, skill training, and entrepreneurship incentives for women.
  For example: Mudra Yojana must expand to offer higher collateral-free loans for women-led businesses.
• Gender-Sensitive Educational Reforms: School curricula must integrate gender awareness, breaking patriarchal conditioning from an early age.
  For example: NCERT textbooks must include gender-sensitive content to foster equality-based learning.
• Enforcing Workplace Equity: Implement strict audits for companies to ensure compliance with maternity and anti-harassment laws.
  For example: Mandatory workplace audits under the POSH Act and Maternity Benefit Act will enhance gender inclusivity.

No nation can progress with half its population left behind. Ensuring women’s participation in decision-making is pivotal for gender-sensitive policies. Judicial interventions, though impactful, need complementary legislative reforms, grassroots awareness, and institutional mechanisms for enforcement. Strengthening political representation, economic inclusion, and legal safeguards will foster a truly equitable and inclusive governance framework for India.

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