Gender and Society: for Law Students

1. WOMEN AND SOCIETY

2. GENDER, BIOLOGY AND
CULTURE
• Gender- socially constructed phenomena- identification
of humans psychologically and socially- as women, men
and trans-genders- behaving as men or women rather
than ‘being’ men or women
• Women- constituting of one-half of the human
population; live in perpetual subordination to the other
half
• Most of the human societies- women with inferior status;
Except for Khasis of Meghalaya, Nairs of Kerala

3. • Emerging socialist societies- preaches gender
equality- only legal than existential
• Women as reproducers; although they invented
agriculture and produce at least fifty per cent of
world’s food.
• Women as reproducers- an instrument of their
enslavement- pregnancy as a period of physical
disability
• Dependency period of human infant is one of the
longest- women have to bear the brunt of it

4. PATRIARCHY
• According to Sylvia Walby, patriarchy is a system of social
structures and practices in which men dominate and oppress
women
• It operates through multiple structures like- production
relations in the household where women is subjected to unpaid
labour; discriminatory allocation of occupations in the labour
market; capture of political power by patriarchs, male violence
which is often patterned and systematic, patriarchal cultural
institutions like education, media etc
• Private patriarchy- practiced in household; public patriarchy-
collective response of a patriarchal society to women

5. SYLVIA WALLABY ON
PATRIARCHY
Six patriarchal structures that undermine her position in society
1. Paid work- women have been historically discriminated in paid jobs
2. Patriarchy within household- her labour at home is unpaid and
unrewarding
3. Culture- culture promotes sex specific roles
4. Sexuality- there are more limitations on women it comes to sexual
freedom
5. Violence- as a form of overpowering of women by men
6. The state institutions- though not as strong as in past, but state has
historically taken a patriarchal view

6. PATRIARCHY WITHIN FAMILY
• Authority structure
• Inheritance rights and other entitlements
• Rituals
• Division of labour
• Socialisation

7. PATRIARCHY IN SOCIETY
• Gender discrimination
• Division of labour- stereotyped jobs (girls for medical
field; boys technical and mechanical fields)
according to Annual Status of Higher Education in
States and UTs in India Report, 2015, there is
distinctive gender pattern among various courses in
India
• Physical and sexual violence against women

8. ECONOMIC SYSTEM AND
PATRIARCHY
• Primitive society- man lived in state of nature- primitive
matriarchal system
• As making evolved, changed mode of production demanded
specialisation of labour in which men donned the roles of
bread earners
• Economic system shaped patriarchy- sexual division of
labour-Refers to the process of dividing work between
different people on the bias of their sex and gender
• Two approaches- biological and socio-cultural approach

9. • Biological approach-Biologically anchored but culturally
reinforced feminine roles- human brogrammer is geared to a
sexual division of labour (Lionel Tiger and Robin Fox);
human bio-grammar: genetic program developed due to the
fact that man has spent 99.9 per cent of his time as hunter
gatherer and as a result man is more aggressive and
dominant; women programmed by their bio-grammar as
reproduce and take care for the children; Husband-father as
instrumental roles; wife-mother as expressive roles
• Socio-cultural approach: According to Ann Oakley,
industrialisation as the real beginning of modern patriarchal
systems- women branded as housewives (men as bread
winners, women as housekeeper and raise children)

10. INDIAN CONTEXT
• Caste is also viewed by feminists as a patriarchal institution
as across the caste, role of women is of a domestic worker
• According to Uma Chakravorty, Brahminical traditions glorify
obedient women as “Pativrata”
• Patriarchy as a social institution in India- social values like
male child preference, sexual purity, monogamy, fasting by
women, abstinence of women from public discourse etc
• Veena Das’ notion of Devi dichotamy- In scriptures, status
as Devi or goddess; but treated as Dasi or Slave

11. • Pre-Aryan indigenous animistice religion; conceded
considerable freedom and equality to women
• Many tribal communities- treat women with dignity
and equality
• When these tribal groups get inducted into world
religions like Hindu, Christianity and Islam- gradual
erosion of the status of their women
• Khasis and Garos of Meghalaya and Assam-
matrilineal descent system

12. • Hinduism- Manusmriti- A woman must never be independent-
obedient daughter, faithful wife, devoted mother
• child marriage, Sati, proscription of widow remarriage,
insistence on dowry etc rendered Hindu woman a non-person
• Indian Protestant religions such as Jainism, Buddhism,
Veerasaivism and Sikhism-initiatives t better the conditions of
women- still continues to be the same as that in Hinduism-
Hindu Code Bill and Indian Constitution consider these groups
as Hindus and the same civil code is applicable to them
HINDUISM AND PATRIARCHY

13. • Islam concedes social equality to men and women bu proscribes
women from equal participation in the religious realm
• Islamic marriage is a contract but gives unequal rights to men
and women
• Polygamy is permitted and easy divorce is granted to husband
• Middle class Muslim women are usually secluded from social
spheres of activities and are expected to observe purdah
• Most Muslims in India are patrilineal except the Moplah Muslims
of Kerala and Lakshadweep
ISLAM AND PATRIARCHY

14. • Classical Christianity did not concede equality to
women
• Emphasis on monogamy and nuclear family-
crystallisation of women’s freedom and individuality
• Indian Christian women- not yet given equality in the
religious context and in regard to property rights
CHRISTIANITY AND
PATRIARCHY

15. • The overall ethos in India is one of subordination to men
• Female child is less wanted and less cared for
• Girl is given only a secondary place in the household wit regard to
food, dress, schooling or health care
• Child-rearing practices- geared to making girls submissive and
obedient-rarely assigned out-of-home responsibility
• The type of education, subjects chosen, and occupations projects
as desirable for them- reinforcement of patriarchal values
• Modern mass media- stereotype images regarding sex
WHEN WOMEN INTERNALISES

16. • When women internalises patriarchal values- 'unconscious biases’ held
by women reinforces patriarchy - cultivated over years through
accumulated learning- difficult to notice and come across as an
individual’s value system
• Exclusion bias- the thought that a woman cannot be a good mother/wife
if she focuses on her career
• Superwoman syndrome- the belief that a women has to excel and be
perfect at everything she does
• Patriarchal bias- assumptions like men are better at careers than women
and that it is the man’s sole responsibility to be the bread winner of the
family- are sacrosanct
• Identity adoption bias- for a woman to be successful in the male
dominated work-world, she has to adopt masculine style of behaviour

17. CAPITALISM AND PATRIARCHY
• Both are systems of oppression
• Capitalist system’s propensity to reorganise the economy on a
global scale to its own profit- direct repercussions on gender
relations- oppression of women-useful to capitalist system
• Capitalism feeds on patriarchy
• Oppression of women is a tool which enables capitalists to
manage their entire workforce to their own profit
• Responsibility of social welfare from the state to the privacy of
the family
• Capitalism- extra labour of women- pay less than men- unpaid
house wives

18. WOMEN’S MOVEMENT- IN INDIA
• Women oppressed under a system of structural
hierarchies and under injustices of patriarchal
system
• Women’s question arose in India as a part of
nineteenth century middle class social reform
movements
• From newly emergent western educated Indian
middle class- initiated by men as such

19. PRE-INDEPENDENCE PERIOD
• In india, feminine force has been recognised since thousands of years
ago as Sakti- Bhakti movement; Mirabai, Akka Mahadevi and Andal
• In the real sense, women’s movement during British colonial period;
when old ideas came in conflict with new ideals, equality and
emancipation; later developed strong link with nationalist movements
• Participation of women in freedom struggle; Gandhian movements
initiated by enlightened men themselves; Keshab Chandra Sen, Raja
Ram Mohan Roy, Brahmo Samaj (education of women)
• Inter caste marriage- Brahmo Samaj

20. • Anti-Sati legislation in 1829 and Civil Marriage Act,
1872 which permitted inter caste marriage and divorce
• Prarthana Samaj-1869 formed the Bombay Widow
Reforms Association- first widow remarriage- two
leaders of the Prarthana Samaj, R.G Bhandarker and
N.G Chandravarkar later became the Vice-chancellors
of the first Women’s University set up by Karve in 1916
in Bombay

21. • Similar movements within Islamic community in the
late 19th century
• Pardah system and slow spread of education among
women delayed the progress
• Begum of Bhopal (All India Muslim Women’s
Conference, 1916) , Syed Ahmad Khan, Sheikh
Abdullah in Aligarh and Karmat Hussain in Lucknow-
movement to improve women’s education

22. • Second phase of women’s movement during
colonial period-by women themselves
• Cause of women was also linked to the idea of
swaraj
• Participation of women in national movement-
largely from small section of urban, middle class,
English educated

23. • Issues raised by nascent women’s movement were:
1. Equal voting rights and political participation- the Indian
National Congress, in its Calcutta session of 1917, which
was presided over by Annie Besant- as a result, from 1920,
provincial legislatures started giving voting rights to
women, starting with Travancore; Government of India Act,
1935 further widened their voting rights
2. Reformation of personal laws; Sarda Act 1929, raised the
marriageable age; passage of Hindu Lw Code Bills, 1950-
property rights of women
3. Banning social evils like child marriage, promoting widow
remarriage and education

24. WOMEN’S MOVEMENT IN POST
INDEPENDENCE PERIOD
• With rising participation women in economic and social spheres, they came to terms
with social reality of discrimination
• Joined struggles with the rural poor and industrial working class; Tebhaga movement
in Bengal and Telangana movement in Andhra Pradesh
• 1970s- real beginning of women’s movement
• 1975-85 UN International Decade of Women
• Anti dowry movemnts, anti rape movements, Muslim Women’s Bill in 1986,
alcoholism, domestic violence and sexual harassment at wok place (in famous
Visakha case)
• Environmental movements like Bhopal Gas Tragedy movement of 1985 and Narmada
Bachao Andolan by Medha Patkar in Gujarat, Chipko movement in Uttarakhand

25. CURRENT ISSUES
• Most recently, sex-selective abortions, inadequate
representation in legislatures, wage discrimination, domestic
violence, dress code in public and inadequate entitlements in
personal laws have emerged as rallying points
• According to Bina Aggarwal, barely 13 per cent women in India
are able to inherit immovable property (1998 study);
• 16th Lok Saba had only 11 per cent of female members which
was the highest figure till then;
• International Centre for Research on Women (ICRW) study in
2010, about 38 percent of Indian men admitted that they have
physically abused their partners;

26. • The 2016 Global Gender Gap report by the World Economic
Forum ranked India at the 87th place on gender equality among
144 nations
• 2016 study by Action Aid UK found that 80 per cent of women in
India had experienced sexual harassment of various forms ranging
from unwanted comments, being groped or sexually assaulted
• The brutal rape of Nirbhaya on 16th December 2012- quick laws
• Equal rights of entry into religious institution- sanctum sanctorum
of Sabarimala

27. SOME FRUITS…
• A separate ministry; provision of 33 per cent reservation in
Panchayati Raj institution
• Protection of Women from Domestic Violence Act, 2005;
Prohibition of Indecent Representation of Women Act,
National Commission for Women, Prevention of Sexual
Harassment of Women at Workplace, 2013 etc
• Even in private sectors; Equal Remuneration Act and
Maternity Benefit Act
• Gender budgeting to provide financial support to activities
related to women in all ministries

28. CRITICISM
• Being upper class movements as they focus too
much on women already privileged and neglect the
needs and representation of poorer or lower caste
women
• Effectiveness of these movements- issues like
female foeticide and patriarchy still persists

29. EXERCISE
• Are women themselves also contributing towards
the promotion of patriarchy in India? Critically
analyse.
• Patriarchy is a result of socialisation. Comment with
the help of day-to-day life incidence.
• Discuss the role that women’s movement have
played in liberating the woman from archaic social
structures