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Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
DEFINITION &FORMS OF
MARRIAGE &FAMILY
DEFINITION &FORMS OF
MARRIAGE &FAMILY
FOR BALLB(H): SECOND SEMESTER
SUBJECT: SOCIOLOGY-II (CODE-108)
FACULTY : DR. J.P.ARYA
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
DEFINITION OF MARRIAGE
Edward Westermark. “Marriage is a relation of one or more men to one or
more women which is recognised by custom or law and involves certain rights
and duties both in the case of the parties entering the union and in the case of
the children born of it.
As B. Malinowski defines, “Marriage is a contract for the production and
maintenance of children”.
According H.M. Johnson, “Marriage is a stable relationship in which a man
and a woman are socially permitted without loss of standing in community, to
have children”.
Ira L. Reiss writes, “Marriage is a socially accepted union of individuals in
husband and wife roles, with the key function of legitimating of parenthood”.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
TYPES OF MARRIAGE BASED ON RULES OF MARRIAGE
1.ENDOGAMY: Endogamy is the form of marriage where a certain group is
preferred or prescribed for choosing marital partners. This form of marriage is
based on positive rule of marriage. Certain community may regard village as the
unit where endogamy may be practiced, or certain communities may view
particulars religion or caste to be the groups where marriage for an individual can
be solemnized. Here marriage will be known as village endogamy, religion
endogamy or caste endogamy. Sometimes, particular sect within religion may be
prescribed for marriage-for example, among the Muslims, marriage can be
arranged only within shia or sunni sects.
2. Exogamy: Exogamy is the form of marriage where certain groups are
prescribed or prohibited for seeking marital partners. It is based on negative rule of
marriage. Here, certain group may be regarded as totally prohibited for the purpose
of marriage. Thus clan is prohibited for marriage, i.e. marriage cannot be arranged
between members of the same clan. Sometimes, village may be regarded as
prohibited for seeking marital partners – i.e. marriage cannot take place between
members of the same village.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
TYPES OF MARRIAGE BASED UPON NUMBER OF SPOUSES
1.MONOGAMY: Here each member has one spouse at one point of time.
If the person gets divorced, or one of the spouses is deceased, following
which the living member marries again, the marriage is known as serial
monogamy.
2. POLYGAMY: Here, either the male or the female has more than one
spouse at one point of time. If one male has more than one wives, the
form of marriage is polygyny, and if one female has more than one
husbands, the form of marriage is polyandry. In polyandry, when the
husbands of the woman are brothers, the marriage I fraternal polyandry.
When the husbands of the woman are not related, it is called non-fraternal
polyndry. Polygyny is relatively more common thqn polyandry.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
FICTIVE FORMS OF MARRIAGE
1.SORORATE: It is the form of marriage where a man marries his wife’s sister,
after he becomes a widower.
2.LEVIRATE: It is the form of marriage in which a woman marries her husband’s
brother, after she is widowed.
Levirate and Sororate appear to be most common and preferential forms of
marriage, as they provide a practical solution to the predicament a family faces in
case of death of one of the spouses.
FORMS OF MARRIAGE BASED UPON STATUWS OF THE BRIDE
1.HYPERGAMY: In hypergamy, a woman marris a man of cste/status higher than
her own. Here there will be upward movement for the woman involved.
2. HYPOGAMY: Hypogamy is the form of marriage where a woman marries a
man who belongs to a caste lower than her own. Here the marriage will result in
lowering of the status of woman after marriage.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
TYPES OF MARRIAGE BASED ON RULES OF MATE SELECTION
1.ARRANGED MARRIAGE: The form of marriage where the choice of the girl or
boy is not sought , rather the families of the girl and boy decide and negotiate about
marriage and get the marriage solemnized is called arranged marriage. Many
traditional orthodox families/communities in India or other traditional societies
believe strongly in arranged marriages.
2.LOVE MARRIAGE: Where the individuals are getting married have say is called
love marriage. Rather, here the choice of the girl and boy is more important. Earlier,
arranged marriages were more preferred are prevalent than love marriages in India.
But the trends are changing now and a lot of youth prefer love marriages over
arranged marriage.
3.SAME SEX MARRIAGE: This is the marriage between two individuals of the
same sex. Same sex marriages are given legal status in some western countries.
4. LIVE-IN RELATIONSHIPS: Now a days Live-in Relationships are on a rise in
many cities even in India, as these are very convenient relationships where the
man and woman do not have any responsibilities as such towards each other.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
DEFINITIONS AND FORMS OF FAMILY
E.W. BURGESS AND H.I. LOCKE: “Family is a group of persons united
by ties of marriage, blood or adoption constituting a single household
interacting or inter-communicating with ach other ion their respective
social roles of husband and wife, mother and father, son and daughter,
brother and sister creating and maintaining a common culture.”
MACIVER AND PAGE: “ Family is a group defined by a sex relationship
sufficiently precise and enduring to provide for the procreation and
upbringing of children.”
KINGSLEY DAVIS: “Family is a group of persons whose relations to one
another are based upon consanguinity and who are therefore kin to
one another.”
MURDOCK: “Family is a social group characterized by common
residence, economic cooperation and reproduction.”
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
DEFINITION OF FAMILY (CONTINUED)
ELLIOTT AND MERRILL: “Family is a biological social unit composed of
husband , wife and children.
OGBURN AND NIMKOFF: “ Family is more or less durable association of
husband and wife with or without children or of a man or woman alone,
with children.”
CLARE: “ Family is a system of relationships existing between parents
and children.”
Biesaz: The family may be described as a woman with a child and a man
to look after them.”
BUREAU OF CENSUS (USA): “The family is a group of two or more
persons related to blood, marriage or adoption and residing together.”
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
FORMS OR TYPES OF FAMILY
ON THE BASIS OF STRUCTURE OR COMPOSITION (Contd…)
3. JOINT FAMLY: Joint family is a group of people who generally live
under one roof, who eat food cooked at one hearth, who hold property in
common and who participate in common family worship and are related to
each other as some particular type of kindred. Joint family consists of
more than one primary family. All the members are blood relations or
close kins. The joint family includes old parents, their sons, sons’ wives
and their children. Joint family generally consists of three or more
generations.
FORMS OF FAMILY BASED ON AUTHORITY
1.PATRIARCHAL FAMILY: Here father is the main source of authority. All
the authority is exercised by the eldest male.
2. MATRIARCHAL FAMILY: Here authority lies with thye eldest female
member or may be exercised by the eldest brother of the female.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
FORMS OR TYPES OF FAMILY
ON THE BASIS OF STRUCTURE OR COMPOSITION
1.NCLEAR FAMILY: A nuclear family is one which consists of the
husband, wife and their unmarried children. The children leave the
household as soon as they are married. This is a basic grouping of mates
and their offsprings. This is the smallest composite family unit. The
solidarity of the nuclear family is largely dependent upon the sexual
attraction and companionship between husband and wife and between
parents and small children.
The nuclear of clustered relationships in it are eight in number:
(1) husband-wife; (2) father-son; (3) father-daughter; (4) mother-son; (5)
mother-daughter; (6) brother-brother; (7) brother-sister; and sister-sister.
2. EXTENDED FAMILY: The extended family consists of two or more
nuclear families affiliated through an extension of the parent child
relationship that is by joining the nuclear family of the married adult to that
of his parents.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
RELIGIOUS FUNDAMENTALISM
UNIT - II
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction
Fundamentalism is a movement to recapture an ideological "purity" within a religion, that
supposedly has been lost by mainstream adherents of the religion at large.
Fundamentalists often assert the primacy of their own idiosyncratic interpretation of
religious texts over centuries of acquired knowledge and practice
DIFFERENT DEFINITIONS OF FUNDAMENTALISM :
•Webster Dictionary: A movement in 20th century stressing strict adherence to a set of
′basic principles
•Oxford Dictionary: A movement for the strict maintenance of ′the doctrines of any religion
After 9/11 term Fundamentalism was written as Muslim Fundamentalism
•Wikipedia: Members of the movement are known as ′fundamentalists. The most energetic
group but least educated are known as fundamentalists.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Roots, Source, Beliefs, History & Purpose
ROOTS OF THE TERM FUNDAMENTALISM: ′Nigra Bible conference Things ′that
were fundamental to the Christian Term fundamentalism is Christian in its origin.
SOURCE OF FUNDAMENTALISM: Religious issue is the source of ′fundamentalism
′These rules cannot be changed People are afraid to oppose the fundamentalists
BELIEFS OF THE FUNDAMENTALIST GROUPS: Their beliefs are based upon the
divine and ′revealed texts; These texts are considered to be the perfect and ′cannot be
changed. Members reject all other beliefs and religion except their own.
HISTORY ABOUT THE FUNDAMENTALISM: Religious fundamentalism becoming
the part of ′the government greater potential of harm.
PURPOSE OF RELIGIOUS FUNDAMENTALISM: Usually occur in all ′Religions
Ways of life should be according to the rules as ′prescribed by God State should be
subservient to God.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Fundamentalists Believe
• Religious texts are perfect, without mistakes or misinterpretations - they must be read
literally they deny religious pluralism.
• Modern society is fraught with negative influences (a society of consumers, hedonism
and moral plurality)
• They have firm beliefs in connection with their religion
• Opposition to feminism, homosexuals, abortion and birth regulation movements
• Their religion should become the foundation for the life of the society and each
individual
• All who disagree with their beliefs are considered enemies
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Characteristics of Fundamentalists
• Reactionary
• Exclusive
• Absolutist
• Literalist
• Selective
• Authoritarian
• With or Against
• Strict Morality
• End time certainty
• Violence
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Different Types of Fundamentalism
1. ISLAMIC FUNDAMENTALISM: Links the spiritual world to the temporal world ′and
provide guidance regarding religion and life Islamist movements like Hamas and Islamic
′Jihad Dec 1993 Hamas carried out a ′brutal kidnapping In the same week Hamas carried out
the killings and brought their terrorist activities to a new peak
2. CHRISTIAN FUNDAMENTALISM: In late 19th and early 20th century ′Christian Its main
purpose was to reaffirm older beliefs of protestant Christianity and defend them against the
challenges of the ′Darwinism Islamic and Christian Fundamentalist don’t like to be placed in
the same category as Islamists saw no difference b/w the fundamentalists and non-
fundamentalist group
3. HINDU FUNDAMENTALISM: Recent phenomena in India was the rise of the Hindu
Fundamentalism and it lead to the political mobilization ′against Muslims Shiv Sena founded
in 1996 originally to express ′Hindu Fundamentalism Dec 1992 Hindu Fundamentalists
destroyed the 450 year old Babri Mosque.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Effects of Fundamentalism
• Terrorist activities and violence spread throughout ′the Middle East and Asia Present a
genuine danger to the stability of the ′government. They are in tireless struggle to subvert the
government authority by exploiting the democratic process through the terrorism.
• Some people think that there is a mysterious and unbelievable genetic revolution that they are
not afraid of ′anything. Madrassas or religious schools are now teaching fundamentalist
Islamist view and new meaning ′of Jihad Established a new standard for violence and
terrorism from kidnapping, hijacking and bombing.
• Fear is common denominator among them. They fear change, modernization and loss of their
′influence .They fear that young will be distracted from their ′paths Use of Holy Places for
material and physical gratification.
• Especially fear the education if it undermine the teaching of ′the religion ′They also fear the
future they cant control Fear of media and its abilities.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Conclusion
• Some says it the death of the capitalism.
• Religious fundamentalism is a threat to our ′society
• Religions never ask for war or killing except in case of self defense
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
CASTE SYSTEM IN INDIA
UNIT - III
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction
The literal translation of the word “caste” in most of Indian languages is jati. The term caste
is derived from the Spanish and Portuguese word casta which means race breed or lineage
the Portuguese who first used the term caste in the context of Indian society, in 16th century.
The term Caste has been defined differently by different writers. Some of the definitions on
the term follow:
•C.H. Cooley defines caste as “when a class is somewhat strictly hereditary, we may call it a
caste”.
•A.W. Green defines the term as: “caste is a system of stratification in which mobility up
and down the status ladder, at least ideally may not occur”.
•According to D.N. Majumdar and T.N. Madan, caste is a ‘closed group’
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Categories, Characteristics & Features
Categories: Historically, the caste system in India consisted of four basic categories
•Brahmin, Kshatriya, Vaisya and Sudra.
Characteristics: According to Ketkar, a caste is a group having two characteristics :
1.Membership is confined to those who are born of members and includes all persons so
born
2.The members are forbidden by an inexorable social law to marry outside the group
Features: Traditional features of Caste System:
•Hierarchical Division of Society
•Restrictions on Food Habits
•Restrictions on Social Relations
•Restriction on Marriage
• Restrictions on Occupational Choice
• Hereditary status
• Castes are Localized Groups
• Caste and Sub-caste
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Details & Origin
• Placement in this social hierarchy is based upon one’s birth. Essentially, you fell into the
same caste as your parents.
• People cannot move up or down to different castes or levels in their lifetime.
• It was believed that your righteous life and good karma brought about reincarnation to a
higher caste and a wicked life sent you lower in the caste system.
• The system is based upon the assumption that all people are not created equal and is
practiced today throughout Asia (e.g. India, Sri Lanka) and Africa (Senegal, Rwanda,
Nigeria)
Origins of the Caste System:
• The Indian caste system is rooted in the religion of Hinduism.
• It was also utilized by Aryan invaders four to five thousand years ago to enforce social
control in India.
• It is still a powerful influence of Indian life today in shaping economics, politics and
culture
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Caste System- In Practice
• It defined a person’s social universe – Enforced restrictions on inter- marriage
• It defined a person’s standard of conduct – Each caste had it’s own set of rules
• It defined a person’s expectations – Determined what kinds of foods one may eat
• It defined a person’s future – Determined specific job or vocational roles
• Because of the law of Karma, people do not resist the caste system.
• They believe they are there because of their actions in previous lives.
• This encourages the individual to fulfill his role or duty of his or her caste, because their
position in the next life is sure to improve.
• If you did something outside your caste, you could be excommunicated from your caste.
That would cut you off from doing any work to support yourself because you could only
do the jobs allowed by your caste.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Levels of Caste System
1. Brahmins – These are the priests, scholars, and philosophers who teach and study.
2. Kshatriyas – These are the warriors, rulers, and those concerned with defense and
administration of the village or state.
3. Vaishyas – These are the traders, merchants and people involved in agricultural
production.
4. Sudras – These are the peasants and common folk who make up the laborers and
servants for the other castes.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Another Level- The Untouchables
• These are a group of people who had no caste at all. They are outcast from the rest of
Indian society. BRAHMINBRAHMIN VAISHYAVAISHYA
KSHATRIYAKSHATRIYA SUDRASUDRA
“UNTOUCHABLES”UNTOUCHABLES”
• The untouchables were also made Un-seeable, Unapproachable and Un-hearable. They
live separately from caste Hindus in slums. These slums are rarely recognized as formal
settlements by the government and so lack basic services like education, health, water
hygiene, and no legal means of forcing the government to take action.
• These people had no surname, could not choose their children’s names and could not
enter a Hindu temple. – They perform the most menial of jobs, such as dealing with dead
bodies and cleaning toilets and sewage by hand. This “work” is attributed to the lowest of
the low
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Dominant Caste
• The concept of dominant caste has been used for the first time in sociological Literature
by an eminent Indian Sociologist M.N. Srinivas in his essay social system of a Mysore
Village, which was written after his study of village Rampur.
• The concept occupies a key position in the process of ‘Sanskritisation’ as propounded by
the same sociologists in his book, Religion and society among the Coorgs of south India.
• The term dominant caste is used to refer to a caste which “wields economic or political
power and occupies a fairly high position in the hierarchy.” These castes are accorded
high status and position in all the fields of social life.
• The people of other lower castes look at them as their ‘reference group’ and try to imitate
their behavior, ritual pattern, custom and ideology.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Factors contributing towards Dominance
M.N Srinivas has been one of the researchers in the field of Dominant caste in any group. He
defined it as a particular caste economically, spiritually and politically above any other castes.
Different factors that make a caste dominant:
•Land ownership
•Numerical strength
•High place in local hierarchy
•Education
•Job in administration and urban sources
of income
•Political involvement
Main factors on which dominant caste depends:
•ECONOMIC STRENGTH
•POLITICAL POWER
•RITUAL PURITY:
•NUMERICAL STRENGTH
•FUNCTIONS OF DOMINANT CASTE
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Functions of Dominant Caste
1. Dominant castes habits, norms, behavior are seen as the only thing to copy by lower caste
inhabitants. This is also seen as transferring the habits of dominant caste to lower castes.
Dominant castes are seen as role models for lower castes.
2. Dominant castes safeguard the cultural and social phenomenon of society. Hence they act as a
watchman of the cultural development of society. And if anybody is found guilty of breaking
the rules is severely punished.
3. As Dominant castes are dominant in society thus they play an important role in expanding
their relationship with political parties. They play an important role in the political process of a
country.
4. Due to their dominance in the society, they are the pillars of socio-economic development of
the society. It is not necessary that their steps are always for the betterment of a society;
sometimes they use their power for only their greed. Example the trailing corruption is an
example that not every time the dominant castes were fair in every aspect
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Mobility in Case System
• From purely Brahmin point of view, it appears as if this system was rigid and closed.
However, when we examine historical data ranging back to the Vedic period we find that
in reality there existed a lot of flexibility. Social mobility with the gain of economic and
political power was always present.
• By social mobility we understand the process by which individuals or groups move from
one social status to another in the social hierarchy. Social mobility can be either upward
or downward
• Caste mobility as a process of social and cultural change has been explained by Srinivas
in his concept of Sankritisation.
• Sanskritisation is a process whereby low Hindu caste changes its customs, rites, rituals,
ideology and way of life in the direction of high and frequently twice-born castes. This
has paved the way for mobility to occur within caste system
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Characteristics of Sanskritization
1. Sanskritization is a process of imitation in Indian society, the social status of an individual is fixed on
the basis of caste hierarchy. There are many lower castes who suffer from economic, religious or
social disabilities. So in order to improve the status, the lower castes people imitate the life style of
the upper caste people.
2. Sanskritization is a process of cultural change towards twice-born castes. Sanskritization is a process
in which the lower castes adopt the cultural patterns of the higher castes, to raise their status in the
caste hierarchical order. In some societies the lower caste people followed not only the customs of the
Brahmins but also the customs of the locally dominant castes like Kshatriyas and Vaisyas to raise
their status.
3. Sanskritization is helpful in the social mobility of lower caste. In this process a caste is only trying to
change the status and not the social structure.
4. Sanskritization process also followed by the tribal. Sanskritization process is not only confined to the
caste people of Hindu society, it is also found among the tribal society.
5. The concept of Sanskritization has also given rise to De-sanskritization. There are some instances in
modern times, some of the higher castes are imitating the behaviour pattern of lower caste, and for
example Brahmins have started taking meat and liquor. This process is called De-sanskritization.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Models of Sanskritization
1. Cultural Model: Castes have been assigned high or low status according to cultural characteristics of
Hindus. The wearing of sacred thread, denying the use of meat and liquor, observing endogamy,
prohibition of widow remarriage, observing the restriction in caste system, worship according to the
modes and methods described in the religious text books, giving respect to the religious and mythological
stories etc. have been given sanctity in traditional culture. They are considered to be the measuring
standards of sacredness and purity. Accepting these behavior and code of highness and purity as described
in religious texts in a form of Sanskritization.
2. Varna Model: In the Varna system the highest status is given to that of a Brahmin followed by Kshatriya,
Vaishya and Sudra. Antyaj or the lowest is the fifth Varna that is the lowest and untouchable one in the
Varna system. The lower castes coping the ideals and life style of the superior castes. Where the
Kshatriyas enjoy superiority, the lower castes followed their life style and ideals. Simultaneously where
the vaishyas enjoy superiority, the lower castes followed their life style and ideals. Only the Antyaj or
lower caste copy the Sudras. That is to say emulating the life style or ideals of a Varna on the basis of
honour and superiority enjoyed by that class is called Varna model or sanskritization.
3. Local Model: In every country, some castes are considered to be more respectful than others on account
of their economic power. This caste may be called the “master caste” or the “dominant caste”. So the
lower caste copies the life style of the local dominant caste in order to improve their status.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Effects of Sanskritization
1. Sanskritization in social field: The social aspect of sanskritization is much more important from
the view point of change. The low caste individuals are inclined towards sanskritization because in
that way they can elevate their social status and get higher status in caste hierarchy.
2. Sanskritization in economic field: Economic betterment and sanskritization is another related
issue. The lower caste people have given up un-cleaned occupation to raise their economic status
because clean trades are a symbol of social light.
3. Sanskritization in religious field :Sanskritization also can be observed in the religious field. Like
Brahmins many of the lower castes people put on sacred thread. They also go to their temple
regularly and perform Arti and Bhajan. They have left prohibited food and un-cleaned occupation.
Even they have specialised in performing ceremonies like Brahmins.
4. Sanskritization in living patterns: The living patterns of lower castes have also Sanskritized. Like
higher caste they also get Pucca houses built for them. Now they sit along with the higher caste on
the cots without any fear or hesitation. They also keep their houses clean and put on dresses like
higher castes.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
GENDER EQUALITY
UNIT - IV
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction
Women are considered to be the pivot not only in domestic life but for society.
This is evident through a study of the epics. A study of different stages of civilization with
special reference to women, conducted by Vijay Sharma Kaushik and Bela Rani presents a
true picture of women in different ages.
They observed that a maid was not only an object of tender affection and care at home but
her education also was taken care of and she had important duties to perform.
The Sociologist had described women by propounding different perceptions.
In India, the history speaks that the women are considered as a divine force but the multi-
cultured Indian society placed the women at different positions.
Thus, there is no uniform status of women in the Indian society.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction (contd..)
According to historian ROMILLA THAPER –“Within the Indian sub-continent there have
been infinite variations on the status of women diverging according to cultural malice’s,
family structure, class, caste property rights and morals.”
The Indian philosophy poses the women with dual character. On the one hand, she is
considered fertile, patient and benevolent but on the other hand, she is considered aggressor
and represents “Shakti”
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction (contd..)
From the study of different stages of civilization with special reference to women in
different ages it can be observed that a maid was not only an object of tender affection and
care at home but her education also was taken care of and she had important duties to
perform.
A woman was never sacrificed at the altar of marriage. She was also allowed to select her
life partner. The examples of Sita in Ramayana and Daraupdi in Mahabharata had proved
this fact.”Kanyadan”does not necessarily mean her lower social status.
The sacramental nature of marriage also strengthened the position of a wife in a polygamous
society. She was the nucleus of a family.
On women was dependent the prosperity and future progeny of the family. She was
considered the creator, protector and educator of children in the family
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Prominent Indian Women
• Women in India have
traditionally played quite
nominal roles.
• India had a woman Prime
Minster long before Australia.
• The queen of Jhansi was a
hero of the 1857 freedom war
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Did you know?
• It is estimated that women perform two-thirds of the world’s work, yet they only earn
one-tenth of the income, and own less than one percent of the world’s property.
• More than 110 million of the world’s children, two-thirds of them girls, are not in school.
• Only 17% of the world’s elected government leaders are women
• More than 80% of the world’s 35 million refugees and displaced people are women and
children
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
•There are natural differences between the sexes based on biological and anatomic factors,
most notably differing reproductive roles. Biological difference include chromosomes, brain
structure and hormonal differences. There is a natural difference also in the relative physical
strengths (on average) of the sexes.
There is a difference that the society has made between males and females which is
not justified and is frequently observed in the following aspects:-
1.Family
2.Society
3.Religion
4.Education
Natural gender differences
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 A girl being born is considered inauspicious whereas the birth of a boy is a cause for
celebration.
 The nutritious and the better food is given to the males whereas the women have to eat
the leftovers.
 The important decisions are taken by the male and females have no or little say in it.
 The household chores, rearing the child, etc, are expected to be done by the women
Family
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 The society has designed certain norms and assigned certain role for both the male and
the female
 The percentage of females to males in Politics is also less (though 33% seats are reserved
for women, it is only for name sake)
 The society doesn’t consider it proper for the parents of a married girl to live with her at
her in-laws house.
 The groom’s side always weighs heavier over the bride’s, and the society accepts the
husband showing his supremacy over the wife
Society
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 The women are expected to observe fasts or “Vrats”
 She cannot fill the position of a religious head.
 Religious ceremonies are mostly conducted by the males.
 Upanyan vidhi, or performing the last rites a deceased are some privileges that have been
granted only to men.
Religion
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Normally the boy are educated at the best institutions whereas the girls are educated in
institutions where the fees are less.
 The boys are encouraged to opt for Science, whereas girls are normally pushed towards
the Arts faculty.
 Girls aren’t given enough freedom to choose their careers.
 Researches prove that gender bias is also observed in schools.
Education
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
This bias has to be removed. Both males and females are equally capable of doing things.
If the nation or world is to progress, gender equality must be brought into effect..
What exactly is gender equality ?
Gender is a social construct
• Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• Long term goal.
• Absence of discrimination based on sex.
• Equality between men and women exists when both sexes are able to share equally in the distribution
of power and influence.
• Gender Equality is the process of being fair to women and men
• To ensure fairness, strategies and measures must often be available to compensate for women’s
historical and social disadvantages that prevent women and men from otherwise operating on a level
playing field.
• Equity leads to equality.
• Where gender inequality exists, it is generally women who are excluded or disadvantaged in relation
to decision making and access to economic and social resources. Therefore, a critical aspect
promoting gender equality is the empowerment of women, with a focus on identifying and redressing
power imbalances and giving women more autonomy to manage their own leaves.
Gender Equality
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Laws for Women
• Our constitution has laid down certain laws for women
• According to Article 15 of our constitution, you cannot discriminate people on the basis
of religion, caste, gender or race.
• Some laws that have been laid in favour of the fairer sex are:-
- Widow remarriage act (1856)
- Divorce Act (1955)
- Dowry abolishment act (1961)
- Right to adopt (1956)
- Laws against Rape
- Right to inheritance (1956)
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Various schemes for Women
The Indian government has also recognised women issues and their contribution to the country's
economy. Some of the women empowerment initiatives are:
1. Mahila E-haat
2. Beti Bachao, Beti Padhao
3.One Stop Centre Scheme (Wilth Nirbhaya Fund)
4. Working Women Hostels
5.Swadhar Greha -rehabilitation of women in difficult circumstances.
6. STEP -The Support to Training and Employment Programme for Women (STEP)
Scheme
7. Nari Shakti Purushkar – in recognition of rendering distinguished services
8. Sukanya Smurddhi Yojana
9. Ujjawala Yojna
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Equality does not imply that women can
behave in any manner they see fit, but it
means that people of both the sexes get
equal opportunities.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
One very hopeful development which has taken place during the past ten years is the emergence of
a woman’s movement wherein women have started raising their voice against inequality,
patriarchal values and unjust social structure. The need is to adopt more positive steps to raise the
status of women so that more Indira Gandhis,Vijayalakshmi Pandits, Kiran Bedis, and Najama
Heptullahs can take birth and govern the nation like our former President of India Smt. Pratibha
Patil. Today, every law favours women.
The recent Amendment to Section 6 of the Hindu Succession Act, 1956, which gives equal right in
coparcenaries property to daughters, is a clear-cut example. Moreover, Article 14 and 15 of the
Constitution providing equal status to women and special laws for women, the Hindu Marriage
Act, 1955, allowing her to take divorce under Section 13(1) (A) on any of the grounds available
under this provision and Section 13(2) giving four special grounds to take divorce exclusively to
the wife; the Hindu Minority and Guardianship Act, 1956; the Hindu Adoption and Maintenance
Act, 1956; the Dowry Prohibition Act; and Section 498-A of the Indian Penal Code, 1860,
specifically relating to punishment for cruelty against wife by her husband and relatives, all favor
women. There are a number of social organizations and commissions working against exploitation
of women at home and workplace
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Suggestions for Women’s rights to make
reproductive choice
1. The implications, as we see it, were that in the unfortunate situation of a young
husband passing away, leaving his widow with minor children, the grandparents,
say, could be made the natural guardians of the minor children. The widow, already
grief stricken, would hardly be in a position to protest and might perforce, keep
quiet. Once someone else was made a natural guardian of her children, she would at
all times be under their domination. Such a situation is easily visualized even with a
economically independent woman
2. The de-jure and de-facto enjoyment of all human rights and fundamental freedom
by women on equal basis with men in all spheres – political, economic, social,
cultural and civil.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Suggestions (contd..)
3. Women’s equality in power sharing and active participation in decision making, including decision
making in political process at all levels will be ensured for the achievement of the goals of
empowerment. All measures will be taken to guarantee women equal access to and full participation
in decision making bodies at every level, including the legislative, executive, judicial, corporate,
statutory bodies, as also the advisory Commissions, Committees, Boards, Trusts etc. Affirmative
action such as reservations/quotas, including in higher legislative bodies, will be considered
whenever necessary on a time bound basis. Women–friendly personnel policies will also be drawn
up to encourage women to participate effectively in the developmental process .
4. Since women comprise the majority of the population below the poverty line and are very often in
situations of extreme poverty, given the harsh realities of intra-household and social discrimination,
macroeconomic policies and poverty eradication programs will specifically address the needs and
problems of such women. There will be improved implementation of programs which are already
women oriented with special targets for women. Steps will be taken for mobilization of poor women
and convergence of services, by offering them a range of economic and social options, along with
necessary support measures to enhance their capabilities.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Conclusion
WHAT is GENDER EQUALITY? The process of being fair to women and men.
Requires equal enjoyment by women and men of socially valued-goods, opportunities,
resources and rewards. It doesn’t mean men and women being the same
•It is important that we must close the gender gap.
•It will come from the men and women who believe they can make a difference. It will
come from determination, guts and heart.
•Gender Equality must become a lived reality.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
GENDER EQUALITY
UNIT - IV
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction
Women are considered to be the pivot not only in domestic life but for society.
This is evident through a study of the epics. A study of different stages of civilization with
special reference to women, conducted by Vijay Sharma Kaushik and Bela Rani presents a
true picture of women in different ages.
They observed that a maid was not only an object of tender affection and care at home but
her education also was taken care of and she had important duties to perform.
The Sociologist had described women by propounding different perceptions.
In India, the history speaks that the women are considered as a divine force but the multi-
cultured Indian society placed the women at different positions.
Thus, there is no uniform status of women in the Indian society.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction (contd..)
According to historian ROMILLA THAPER –“Within the Indian sub-continent there have
been infinite variations on the status of women diverging according to cultural malice’s,
family structure, class, caste property rights and morals.”
The Indian philosophy poses the women with dual character. On the one hand, she is
considered fertile, patient and benevolent but on the other hand, she is considered aggressor
and represents “Shakti”
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Introduction (contd..)
From the study of different stages of civilization with special reference to women in
different ages it can be observed that a maid was not only an object of tender affection and
care at home but her education also was taken care of and she had important duties to
perform.
A woman was never sacrificed at the altar of marriage. She was also allowed to select her
life partner. The examples of Sita in Ramayana and Daraupdi in Mahabharata had proved
this fact.”Kanyadan”does not necessarily mean her lower social status.
The sacramental nature of marriage also strengthened the position of a wife in a polygamous
society. She was the nucleus of a family.
On women was dependent the prosperity and future progeny of the family. She was
considered the creator, protector and educator of children in the family
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Prominent Indian Women
• Women in India have
traditionally played quite
nominal roles.
• India had a woman Prime
Minster long before Australia.
• The queen of Jhansi was a
hero of the 1857 freedom war
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Did you know?
• It is estimated that women perform two-thirds of the world’s work, yet they only earn
one-tenth of the income, and own less than one percent of the world’s property.
• More than 110 million of the world’s children, two-thirds of them girls, are not in school.
• Only 17% of the world’s elected government leaders are women
• More than 80% of the world’s 35 million refugees and displaced people are women and
children
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
•There are natural differences between the sexes based on biological and anatomic factors,
most notably differing reproductive roles. Biological difference include chromosomes, brain
structure and hormonal differences. There is a natural difference also in the relative physical
strengths (on average) of the sexes.
There is a difference that the society has made between males and females which is
not justified and is frequently observed in the following aspects:-
1.Family
2.Society
3.Religion
4.Education
Natural gender differences
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 A girl being born is considered inauspicious whereas the birth of a boy is a cause for
celebration.
 The nutritious and the better food is given to the males whereas the women have to eat
the leftovers.
 The important decisions are taken by the male and females have no or little say in it.
 The household chores, rearing the child, etc, are expected to be done by the women
Family
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 The society has designed certain norms and assigned certain role for both the male and
the female
 The percentage of females to males in Politics is also less (though 33% seats are reserved
for women, it is only for name sake)
 The society doesn’t consider it proper for the parents of a married girl to live with her at
her in-laws house.
 The groom’s side always weighs heavier over the bride’s, and the society accepts the
husband showing his supremacy over the wife
Society
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 The women are expected to observe fasts or “Vrats”
 She cannot fill the position of a religious head.
 Religious ceremonies are mostly conducted by the males.
 Upanyan vidhi, or performing the last rites a deceased are some privileges that have been
granted only to men.
Religion
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Normally the boy are educated at the best institutions whereas the girls are educated in
institutions where the fees are less.
 The boys are encouraged to opt for Science, whereas girls are normally pushed towards
the Arts faculty.
 Girls aren’t given enough freedom to choose their careers.
 Researches prove that gender bias is also observed in schools.
Education
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
This bias has to be removed. Both males and females are equally capable of doing things.
If the nation or world is to progress, gender equality must be brought into effect..
What exactly is gender equality ?
Gender is a social construct
• Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• Long term goal.
• Absence of discrimination based on sex.
• Equality between men and women exists when both sexes are able to share equally in the distribution
of power and influence.
• Gender Equality is the process of being fair to women and men
• To ensure fairness, strategies and measures must often be available to compensate for women’s
historical and social disadvantages that prevent women and men from otherwise operating on a level
playing field.
• Equity leads to equality.
• Where gender inequality exists, it is generally women who are excluded or disadvantaged in relation
to decision making and access to economic and social resources. Therefore, a critical aspect
promoting gender equality is the empowerment of women, with a focus on identifying and redressing
power imbalances and giving women more autonomy to manage their own leaves.
Gender Equality
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Laws for Women
• Our constitution has laid down certain laws for women
• According to Article 15 of our constitution, you cannot discriminate people on the basis
of religion, caste, gender or race.
• Some laws that have been laid in favour of the fairer sex are:-
- Widow remarriage act (1856)
- Divorce Act (1955)
- Dowry abolishment act (1961)
- Right to adopt (1956)
- Laws against Rape
- Right to inheritance (1956)
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Various schemes for Women
The Indian government has also recognised women issues and their contribution to the country's
economy. Some of the women empowerment initiatives are:
1. Mahila E-haat
2. Beti Bachao, Beti Padhao
3.One Stop Centre Scheme (Wilth Nirbhaya Fund)
4. Working Women Hostels
5.Swadhar Greha -rehabilitation of women in difficult circumstances.
6. STEP -The Support to Training and Employment Programme for Women (STEP)
Scheme
7. Nari Shakti Purushkar – in recognition of rendering distinguished services
8. Sukanya Smurddhi Yojana
9. Ujjawala Yojna
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Equality does not imply that women can
behave in any manner they see fit, but it
means that people of both the sexes get
equal opportunities.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
One very hopeful development which has taken place during the past ten years is the emergence of
a woman’s movement wherein women have started raising their voice against inequality,
patriarchal values and unjust social structure. The need is to adopt more positive steps to raise the
status of women so that more Indira Gandhis,Vijayalakshmi Pandits, Kiran Bedis, and Najama
Heptullahs can take birth and govern the nation like our former President of India Smt. Pratibha
Patil. Today, every law favours women.
The recent Amendment to Section 6 of the Hindu Succession Act, 1956, which gives equal right in
coparcenaries property to daughters, is a clear-cut example. Moreover, Article 14 and 15 of the
Constitution providing equal status to women and special laws for women, the Hindu Marriage
Act, 1955, allowing her to take divorce under Section 13(1) (A) on any of the grounds available
under this provision and Section 13(2) giving four special grounds to take divorce exclusively to
the wife; the Hindu Minority and Guardianship Act, 1956; the Hindu Adoption and Maintenance
Act, 1956; the Dowry Prohibition Act; and Section 498-A of the Indian Penal Code, 1860,
specifically relating to punishment for cruelty against wife by her husband and relatives, all favor
women. There are a number of social organizations and commissions working against exploitation
of women at home and workplace
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Suggestions for Women’s rights to make
reproductive choice
1. The implications, as we see it, were that in the unfortunate situation of a young
husband passing away, leaving his widow with minor children, the grandparents,
say, could be made the natural guardians of the minor children. The widow, already
grief stricken, would hardly be in a position to protest and might perforce, keep
quiet. Once someone else was made a natural guardian of her children, she would at
all times be under their domination. Such a situation is easily visualized even with a
economically independent woman
2. The de-jure and de-facto enjoyment of all human rights and fundamental freedom
by women on equal basis with men in all spheres – political, economic, social,
cultural and civil.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Suggestions (contd..)
3. Women’s equality in power sharing and active participation in decision making, including decision
making in political process at all levels will be ensured for the achievement of the goals of
empowerment. All measures will be taken to guarantee women equal access to and full participation
in decision making bodies at every level, including the legislative, executive, judicial, corporate,
statutory bodies, as also the advisory Commissions, Committees, Boards, Trusts etc. Affirmative
action such as reservations/quotas, including in higher legislative bodies, will be considered
whenever necessary on a time bound basis. Women–friendly personnel policies will also be drawn
up to encourage women to participate effectively in the developmental process .
4. Since women comprise the majority of the population below the poverty line and are very often in
situations of extreme poverty, given the harsh realities of intra-household and social discrimination,
macroeconomic policies and poverty eradication programs will specifically address the needs and
problems of such women. There will be improved implementation of programs which are already
women oriented with special targets for women. Steps will be taken for mobilization of poor women
and convergence of services, by offering them a range of economic and social options, along with
necessary support measures to enhance their capabilities.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Conclusion
WHAT is GENDER EQUALITY? The process of being fair to women and men.
Requires equal enjoyment by women and men of socially valued-goods, opportunities,
resources and rewards. It doesn’t mean men and women being the same
•It is important that we must close the gender gap.
•It will come from the men and women who believe they can make a difference. It will
come from determination, guts and heart.
•Gender Equality must become a lived reality.
Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Thank You

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DEFINITION &FORMS OF MARRIAGE &FAMILY

  • 1. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DEFINITION &FORMS OF MARRIAGE &FAMILY DEFINITION &FORMS OF MARRIAGE &FAMILY FOR BALLB(H): SECOND SEMESTER SUBJECT: SOCIOLOGY-II (CODE-108) FACULTY : DR. J.P.ARYA
  • 2. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DEFINITION OF MARRIAGE Edward Westermark. “Marriage is a relation of one or more men to one or more women which is recognised by custom or law and involves certain rights and duties both in the case of the parties entering the union and in the case of the children born of it. As B. Malinowski defines, “Marriage is a contract for the production and maintenance of children”. According H.M. Johnson, “Marriage is a stable relationship in which a man and a woman are socially permitted without loss of standing in community, to have children”. Ira L. Reiss writes, “Marriage is a socially accepted union of individuals in husband and wife roles, with the key function of legitimating of parenthood”.
  • 3. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TYPES OF MARRIAGE BASED ON RULES OF MARRIAGE 1.ENDOGAMY: Endogamy is the form of marriage where a certain group is preferred or prescribed for choosing marital partners. This form of marriage is based on positive rule of marriage. Certain community may regard village as the unit where endogamy may be practiced, or certain communities may view particulars religion or caste to be the groups where marriage for an individual can be solemnized. Here marriage will be known as village endogamy, religion endogamy or caste endogamy. Sometimes, particular sect within religion may be prescribed for marriage-for example, among the Muslims, marriage can be arranged only within shia or sunni sects. 2. Exogamy: Exogamy is the form of marriage where certain groups are prescribed or prohibited for seeking marital partners. It is based on negative rule of marriage. Here, certain group may be regarded as totally prohibited for the purpose of marriage. Thus clan is prohibited for marriage, i.e. marriage cannot be arranged between members of the same clan. Sometimes, village may be regarded as prohibited for seeking marital partners – i.e. marriage cannot take place between members of the same village.
  • 4. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TYPES OF MARRIAGE BASED UPON NUMBER OF SPOUSES 1.MONOGAMY: Here each member has one spouse at one point of time. If the person gets divorced, or one of the spouses is deceased, following which the living member marries again, the marriage is known as serial monogamy. 2. POLYGAMY: Here, either the male or the female has more than one spouse at one point of time. If one male has more than one wives, the form of marriage is polygyny, and if one female has more than one husbands, the form of marriage is polyandry. In polyandry, when the husbands of the woman are brothers, the marriage I fraternal polyandry. When the husbands of the woman are not related, it is called non-fraternal polyndry. Polygyny is relatively more common thqn polyandry.
  • 5. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) FICTIVE FORMS OF MARRIAGE 1.SORORATE: It is the form of marriage where a man marries his wife’s sister, after he becomes a widower. 2.LEVIRATE: It is the form of marriage in which a woman marries her husband’s brother, after she is widowed. Levirate and Sororate appear to be most common and preferential forms of marriage, as they provide a practical solution to the predicament a family faces in case of death of one of the spouses. FORMS OF MARRIAGE BASED UPON STATUWS OF THE BRIDE 1.HYPERGAMY: In hypergamy, a woman marris a man of cste/status higher than her own. Here there will be upward movement for the woman involved. 2. HYPOGAMY: Hypogamy is the form of marriage where a woman marries a man who belongs to a caste lower than her own. Here the marriage will result in lowering of the status of woman after marriage.
  • 6. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) TYPES OF MARRIAGE BASED ON RULES OF MATE SELECTION 1.ARRANGED MARRIAGE: The form of marriage where the choice of the girl or boy is not sought , rather the families of the girl and boy decide and negotiate about marriage and get the marriage solemnized is called arranged marriage. Many traditional orthodox families/communities in India or other traditional societies believe strongly in arranged marriages. 2.LOVE MARRIAGE: Where the individuals are getting married have say is called love marriage. Rather, here the choice of the girl and boy is more important. Earlier, arranged marriages were more preferred are prevalent than love marriages in India. But the trends are changing now and a lot of youth prefer love marriages over arranged marriage. 3.SAME SEX MARRIAGE: This is the marriage between two individuals of the same sex. Same sex marriages are given legal status in some western countries. 4. LIVE-IN RELATIONSHIPS: Now a days Live-in Relationships are on a rise in many cities even in India, as these are very convenient relationships where the man and woman do not have any responsibilities as such towards each other.
  • 7. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DEFINITIONS AND FORMS OF FAMILY E.W. BURGESS AND H.I. LOCKE: “Family is a group of persons united by ties of marriage, blood or adoption constituting a single household interacting or inter-communicating with ach other ion their respective social roles of husband and wife, mother and father, son and daughter, brother and sister creating and maintaining a common culture.” MACIVER AND PAGE: “ Family is a group defined by a sex relationship sufficiently precise and enduring to provide for the procreation and upbringing of children.” KINGSLEY DAVIS: “Family is a group of persons whose relations to one another are based upon consanguinity and who are therefore kin to one another.” MURDOCK: “Family is a social group characterized by common residence, economic cooperation and reproduction.”
  • 8. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) DEFINITION OF FAMILY (CONTINUED) ELLIOTT AND MERRILL: “Family is a biological social unit composed of husband , wife and children. OGBURN AND NIMKOFF: “ Family is more or less durable association of husband and wife with or without children or of a man or woman alone, with children.” CLARE: “ Family is a system of relationships existing between parents and children.” Biesaz: The family may be described as a woman with a child and a man to look after them.” BUREAU OF CENSUS (USA): “The family is a group of two or more persons related to blood, marriage or adoption and residing together.”
  • 9. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) FORMS OR TYPES OF FAMILY ON THE BASIS OF STRUCTURE OR COMPOSITION (Contd…) 3. JOINT FAMLY: Joint family is a group of people who generally live under one roof, who eat food cooked at one hearth, who hold property in common and who participate in common family worship and are related to each other as some particular type of kindred. Joint family consists of more than one primary family. All the members are blood relations or close kins. The joint family includes old parents, their sons, sons’ wives and their children. Joint family generally consists of three or more generations. FORMS OF FAMILY BASED ON AUTHORITY 1.PATRIARCHAL FAMILY: Here father is the main source of authority. All the authority is exercised by the eldest male. 2. MATRIARCHAL FAMILY: Here authority lies with thye eldest female member or may be exercised by the eldest brother of the female.
  • 10. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) FORMS OR TYPES OF FAMILY ON THE BASIS OF STRUCTURE OR COMPOSITION 1.NCLEAR FAMILY: A nuclear family is one which consists of the husband, wife and their unmarried children. The children leave the household as soon as they are married. This is a basic grouping of mates and their offsprings. This is the smallest composite family unit. The solidarity of the nuclear family is largely dependent upon the sexual attraction and companionship between husband and wife and between parents and small children. The nuclear of clustered relationships in it are eight in number: (1) husband-wife; (2) father-son; (3) father-daughter; (4) mother-son; (5) mother-daughter; (6) brother-brother; (7) brother-sister; and sister-sister. 2. EXTENDED FAMILY: The extended family consists of two or more nuclear families affiliated through an extension of the parent child relationship that is by joining the nuclear family of the married adult to that of his parents.
  • 11. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) RELIGIOUS FUNDAMENTALISM UNIT - II
  • 12. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction Fundamentalism is a movement to recapture an ideological "purity" within a religion, that supposedly has been lost by mainstream adherents of the religion at large. Fundamentalists often assert the primacy of their own idiosyncratic interpretation of religious texts over centuries of acquired knowledge and practice DIFFERENT DEFINITIONS OF FUNDAMENTALISM : •Webster Dictionary: A movement in 20th century stressing strict adherence to a set of ′basic principles •Oxford Dictionary: A movement for the strict maintenance of ′the doctrines of any religion After 9/11 term Fundamentalism was written as Muslim Fundamentalism •Wikipedia: Members of the movement are known as ′fundamentalists. The most energetic group but least educated are known as fundamentalists.
  • 13. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Roots, Source, Beliefs, History & Purpose ROOTS OF THE TERM FUNDAMENTALISM: ′Nigra Bible conference Things ′that were fundamental to the Christian Term fundamentalism is Christian in its origin. SOURCE OF FUNDAMENTALISM: Religious issue is the source of ′fundamentalism ′These rules cannot be changed People are afraid to oppose the fundamentalists BELIEFS OF THE FUNDAMENTALIST GROUPS: Their beliefs are based upon the divine and ′revealed texts; These texts are considered to be the perfect and ′cannot be changed. Members reject all other beliefs and religion except their own. HISTORY ABOUT THE FUNDAMENTALISM: Religious fundamentalism becoming the part of ′the government greater potential of harm. PURPOSE OF RELIGIOUS FUNDAMENTALISM: Usually occur in all ′Religions Ways of life should be according to the rules as ′prescribed by God State should be subservient to God.
  • 14. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Fundamentalists Believe • Religious texts are perfect, without mistakes or misinterpretations - they must be read literally they deny religious pluralism. • Modern society is fraught with negative influences (a society of consumers, hedonism and moral plurality) • They have firm beliefs in connection with their religion • Opposition to feminism, homosexuals, abortion and birth regulation movements • Their religion should become the foundation for the life of the society and each individual • All who disagree with their beliefs are considered enemies
  • 15. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Characteristics of Fundamentalists • Reactionary • Exclusive • Absolutist • Literalist • Selective • Authoritarian • With or Against • Strict Morality • End time certainty • Violence
  • 16. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Different Types of Fundamentalism 1. ISLAMIC FUNDAMENTALISM: Links the spiritual world to the temporal world ′and provide guidance regarding religion and life Islamist movements like Hamas and Islamic ′Jihad Dec 1993 Hamas carried out a ′brutal kidnapping In the same week Hamas carried out the killings and brought their terrorist activities to a new peak 2. CHRISTIAN FUNDAMENTALISM: In late 19th and early 20th century ′Christian Its main purpose was to reaffirm older beliefs of protestant Christianity and defend them against the challenges of the ′Darwinism Islamic and Christian Fundamentalist don’t like to be placed in the same category as Islamists saw no difference b/w the fundamentalists and non- fundamentalist group 3. HINDU FUNDAMENTALISM: Recent phenomena in India was the rise of the Hindu Fundamentalism and it lead to the political mobilization ′against Muslims Shiv Sena founded in 1996 originally to express ′Hindu Fundamentalism Dec 1992 Hindu Fundamentalists destroyed the 450 year old Babri Mosque.
  • 17. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Effects of Fundamentalism • Terrorist activities and violence spread throughout ′the Middle East and Asia Present a genuine danger to the stability of the ′government. They are in tireless struggle to subvert the government authority by exploiting the democratic process through the terrorism. • Some people think that there is a mysterious and unbelievable genetic revolution that they are not afraid of ′anything. Madrassas or religious schools are now teaching fundamentalist Islamist view and new meaning ′of Jihad Established a new standard for violence and terrorism from kidnapping, hijacking and bombing. • Fear is common denominator among them. They fear change, modernization and loss of their ′influence .They fear that young will be distracted from their ′paths Use of Holy Places for material and physical gratification. • Especially fear the education if it undermine the teaching of ′the religion ′They also fear the future they cant control Fear of media and its abilities.
  • 18. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Conclusion • Some says it the death of the capitalism. • Religious fundamentalism is a threat to our ′society • Religions never ask for war or killing except in case of self defense
  • 19. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) CASTE SYSTEM IN INDIA UNIT - III
  • 20. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction The literal translation of the word “caste” in most of Indian languages is jati. The term caste is derived from the Spanish and Portuguese word casta which means race breed or lineage the Portuguese who first used the term caste in the context of Indian society, in 16th century. The term Caste has been defined differently by different writers. Some of the definitions on the term follow: •C.H. Cooley defines caste as “when a class is somewhat strictly hereditary, we may call it a caste”. •A.W. Green defines the term as: “caste is a system of stratification in which mobility up and down the status ladder, at least ideally may not occur”. •According to D.N. Majumdar and T.N. Madan, caste is a ‘closed group’
  • 21. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Categories, Characteristics & Features Categories: Historically, the caste system in India consisted of four basic categories •Brahmin, Kshatriya, Vaisya and Sudra. Characteristics: According to Ketkar, a caste is a group having two characteristics : 1.Membership is confined to those who are born of members and includes all persons so born 2.The members are forbidden by an inexorable social law to marry outside the group Features: Traditional features of Caste System: •Hierarchical Division of Society •Restrictions on Food Habits •Restrictions on Social Relations •Restriction on Marriage • Restrictions on Occupational Choice • Hereditary status • Castes are Localized Groups • Caste and Sub-caste
  • 22. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Details & Origin • Placement in this social hierarchy is based upon one’s birth. Essentially, you fell into the same caste as your parents. • People cannot move up or down to different castes or levels in their lifetime. • It was believed that your righteous life and good karma brought about reincarnation to a higher caste and a wicked life sent you lower in the caste system. • The system is based upon the assumption that all people are not created equal and is practiced today throughout Asia (e.g. India, Sri Lanka) and Africa (Senegal, Rwanda, Nigeria) Origins of the Caste System: • The Indian caste system is rooted in the religion of Hinduism. • It was also utilized by Aryan invaders four to five thousand years ago to enforce social control in India. • It is still a powerful influence of Indian life today in shaping economics, politics and culture
  • 23. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Caste System- In Practice • It defined a person’s social universe – Enforced restrictions on inter- marriage • It defined a person’s standard of conduct – Each caste had it’s own set of rules • It defined a person’s expectations – Determined what kinds of foods one may eat • It defined a person’s future – Determined specific job or vocational roles • Because of the law of Karma, people do not resist the caste system. • They believe they are there because of their actions in previous lives. • This encourages the individual to fulfill his role or duty of his or her caste, because their position in the next life is sure to improve. • If you did something outside your caste, you could be excommunicated from your caste. That would cut you off from doing any work to support yourself because you could only do the jobs allowed by your caste.
  • 24. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Levels of Caste System 1. Brahmins – These are the priests, scholars, and philosophers who teach and study. 2. Kshatriyas – These are the warriors, rulers, and those concerned with defense and administration of the village or state. 3. Vaishyas – These are the traders, merchants and people involved in agricultural production. 4. Sudras – These are the peasants and common folk who make up the laborers and servants for the other castes.
  • 25. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Another Level- The Untouchables • These are a group of people who had no caste at all. They are outcast from the rest of Indian society. BRAHMINBRAHMIN VAISHYAVAISHYA KSHATRIYAKSHATRIYA SUDRASUDRA “UNTOUCHABLES”UNTOUCHABLES” • The untouchables were also made Un-seeable, Unapproachable and Un-hearable. They live separately from caste Hindus in slums. These slums are rarely recognized as formal settlements by the government and so lack basic services like education, health, water hygiene, and no legal means of forcing the government to take action. • These people had no surname, could not choose their children’s names and could not enter a Hindu temple. – They perform the most menial of jobs, such as dealing with dead bodies and cleaning toilets and sewage by hand. This “work” is attributed to the lowest of the low
  • 26. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Dominant Caste • The concept of dominant caste has been used for the first time in sociological Literature by an eminent Indian Sociologist M.N. Srinivas in his essay social system of a Mysore Village, which was written after his study of village Rampur. • The concept occupies a key position in the process of ‘Sanskritisation’ as propounded by the same sociologists in his book, Religion and society among the Coorgs of south India. • The term dominant caste is used to refer to a caste which “wields economic or political power and occupies a fairly high position in the hierarchy.” These castes are accorded high status and position in all the fields of social life. • The people of other lower castes look at them as their ‘reference group’ and try to imitate their behavior, ritual pattern, custom and ideology.
  • 27. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Factors contributing towards Dominance M.N Srinivas has been one of the researchers in the field of Dominant caste in any group. He defined it as a particular caste economically, spiritually and politically above any other castes. Different factors that make a caste dominant: •Land ownership •Numerical strength •High place in local hierarchy •Education •Job in administration and urban sources of income •Political involvement Main factors on which dominant caste depends: •ECONOMIC STRENGTH •POLITICAL POWER •RITUAL PURITY: •NUMERICAL STRENGTH •FUNCTIONS OF DOMINANT CASTE
  • 28. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Functions of Dominant Caste 1. Dominant castes habits, norms, behavior are seen as the only thing to copy by lower caste inhabitants. This is also seen as transferring the habits of dominant caste to lower castes. Dominant castes are seen as role models for lower castes. 2. Dominant castes safeguard the cultural and social phenomenon of society. Hence they act as a watchman of the cultural development of society. And if anybody is found guilty of breaking the rules is severely punished. 3. As Dominant castes are dominant in society thus they play an important role in expanding their relationship with political parties. They play an important role in the political process of a country. 4. Due to their dominance in the society, they are the pillars of socio-economic development of the society. It is not necessary that their steps are always for the betterment of a society; sometimes they use their power for only their greed. Example the trailing corruption is an example that not every time the dominant castes were fair in every aspect
  • 29. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Mobility in Case System • From purely Brahmin point of view, it appears as if this system was rigid and closed. However, when we examine historical data ranging back to the Vedic period we find that in reality there existed a lot of flexibility. Social mobility with the gain of economic and political power was always present. • By social mobility we understand the process by which individuals or groups move from one social status to another in the social hierarchy. Social mobility can be either upward or downward • Caste mobility as a process of social and cultural change has been explained by Srinivas in his concept of Sankritisation. • Sanskritisation is a process whereby low Hindu caste changes its customs, rites, rituals, ideology and way of life in the direction of high and frequently twice-born castes. This has paved the way for mobility to occur within caste system
  • 30. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Characteristics of Sanskritization 1. Sanskritization is a process of imitation in Indian society, the social status of an individual is fixed on the basis of caste hierarchy. There are many lower castes who suffer from economic, religious or social disabilities. So in order to improve the status, the lower castes people imitate the life style of the upper caste people. 2. Sanskritization is a process of cultural change towards twice-born castes. Sanskritization is a process in which the lower castes adopt the cultural patterns of the higher castes, to raise their status in the caste hierarchical order. In some societies the lower caste people followed not only the customs of the Brahmins but also the customs of the locally dominant castes like Kshatriyas and Vaisyas to raise their status. 3. Sanskritization is helpful in the social mobility of lower caste. In this process a caste is only trying to change the status and not the social structure. 4. Sanskritization process also followed by the tribal. Sanskritization process is not only confined to the caste people of Hindu society, it is also found among the tribal society. 5. The concept of Sanskritization has also given rise to De-sanskritization. There are some instances in modern times, some of the higher castes are imitating the behaviour pattern of lower caste, and for example Brahmins have started taking meat and liquor. This process is called De-sanskritization.
  • 31. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Models of Sanskritization 1. Cultural Model: Castes have been assigned high or low status according to cultural characteristics of Hindus. The wearing of sacred thread, denying the use of meat and liquor, observing endogamy, prohibition of widow remarriage, observing the restriction in caste system, worship according to the modes and methods described in the religious text books, giving respect to the religious and mythological stories etc. have been given sanctity in traditional culture. They are considered to be the measuring standards of sacredness and purity. Accepting these behavior and code of highness and purity as described in religious texts in a form of Sanskritization. 2. Varna Model: In the Varna system the highest status is given to that of a Brahmin followed by Kshatriya, Vaishya and Sudra. Antyaj or the lowest is the fifth Varna that is the lowest and untouchable one in the Varna system. The lower castes coping the ideals and life style of the superior castes. Where the Kshatriyas enjoy superiority, the lower castes followed their life style and ideals. Simultaneously where the vaishyas enjoy superiority, the lower castes followed their life style and ideals. Only the Antyaj or lower caste copy the Sudras. That is to say emulating the life style or ideals of a Varna on the basis of honour and superiority enjoyed by that class is called Varna model or sanskritization. 3. Local Model: In every country, some castes are considered to be more respectful than others on account of their economic power. This caste may be called the “master caste” or the “dominant caste”. So the lower caste copies the life style of the local dominant caste in order to improve their status.
  • 32. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Effects of Sanskritization 1. Sanskritization in social field: The social aspect of sanskritization is much more important from the view point of change. The low caste individuals are inclined towards sanskritization because in that way they can elevate their social status and get higher status in caste hierarchy. 2. Sanskritization in economic field: Economic betterment and sanskritization is another related issue. The lower caste people have given up un-cleaned occupation to raise their economic status because clean trades are a symbol of social light. 3. Sanskritization in religious field :Sanskritization also can be observed in the religious field. Like Brahmins many of the lower castes people put on sacred thread. They also go to their temple regularly and perform Arti and Bhajan. They have left prohibited food and un-cleaned occupation. Even they have specialised in performing ceremonies like Brahmins. 4. Sanskritization in living patterns: The living patterns of lower castes have also Sanskritized. Like higher caste they also get Pucca houses built for them. Now they sit along with the higher caste on the cots without any fear or hesitation. They also keep their houses clean and put on dresses like higher castes.
  • 33. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) GENDER EQUALITY UNIT - IV
  • 34. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction Women are considered to be the pivot not only in domestic life but for society. This is evident through a study of the epics. A study of different stages of civilization with special reference to women, conducted by Vijay Sharma Kaushik and Bela Rani presents a true picture of women in different ages. They observed that a maid was not only an object of tender affection and care at home but her education also was taken care of and she had important duties to perform. The Sociologist had described women by propounding different perceptions. In India, the history speaks that the women are considered as a divine force but the multi- cultured Indian society placed the women at different positions. Thus, there is no uniform status of women in the Indian society.
  • 35. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction (contd..) According to historian ROMILLA THAPER –“Within the Indian sub-continent there have been infinite variations on the status of women diverging according to cultural malice’s, family structure, class, caste property rights and morals.” The Indian philosophy poses the women with dual character. On the one hand, she is considered fertile, patient and benevolent but on the other hand, she is considered aggressor and represents “Shakti”
  • 36. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction (contd..) From the study of different stages of civilization with special reference to women in different ages it can be observed that a maid was not only an object of tender affection and care at home but her education also was taken care of and she had important duties to perform. A woman was never sacrificed at the altar of marriage. She was also allowed to select her life partner. The examples of Sita in Ramayana and Daraupdi in Mahabharata had proved this fact.”Kanyadan”does not necessarily mean her lower social status. The sacramental nature of marriage also strengthened the position of a wife in a polygamous society. She was the nucleus of a family. On women was dependent the prosperity and future progeny of the family. She was considered the creator, protector and educator of children in the family
  • 37. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Prominent Indian Women • Women in India have traditionally played quite nominal roles. • India had a woman Prime Minster long before Australia. • The queen of Jhansi was a hero of the 1857 freedom war
  • 38. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Did you know? • It is estimated that women perform two-thirds of the world’s work, yet they only earn one-tenth of the income, and own less than one percent of the world’s property. • More than 110 million of the world’s children, two-thirds of them girls, are not in school. • Only 17% of the world’s elected government leaders are women • More than 80% of the world’s 35 million refugees and displaced people are women and children
  • 39. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) •There are natural differences between the sexes based on biological and anatomic factors, most notably differing reproductive roles. Biological difference include chromosomes, brain structure and hormonal differences. There is a natural difference also in the relative physical strengths (on average) of the sexes. There is a difference that the society has made between males and females which is not justified and is frequently observed in the following aspects:- 1.Family 2.Society 3.Religion 4.Education Natural gender differences
  • 40. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  A girl being born is considered inauspicious whereas the birth of a boy is a cause for celebration.  The nutritious and the better food is given to the males whereas the women have to eat the leftovers.  The important decisions are taken by the male and females have no or little say in it.  The household chores, rearing the child, etc, are expected to be done by the women Family
  • 41. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  The society has designed certain norms and assigned certain role for both the male and the female  The percentage of females to males in Politics is also less (though 33% seats are reserved for women, it is only for name sake)  The society doesn’t consider it proper for the parents of a married girl to live with her at her in-laws house.  The groom’s side always weighs heavier over the bride’s, and the society accepts the husband showing his supremacy over the wife Society
  • 42. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  The women are expected to observe fasts or “Vrats”  She cannot fill the position of a religious head.  Religious ceremonies are mostly conducted by the males.  Upanyan vidhi, or performing the last rites a deceased are some privileges that have been granted only to men. Religion
  • 43. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  Normally the boy are educated at the best institutions whereas the girls are educated in institutions where the fees are less.  The boys are encouraged to opt for Science, whereas girls are normally pushed towards the Arts faculty.  Girls aren’t given enough freedom to choose their careers.  Researches prove that gender bias is also observed in schools. Education
  • 44. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) This bias has to be removed. Both males and females are equally capable of doing things. If the nation or world is to progress, gender equality must be brought into effect.. What exactly is gender equality ? Gender is a social construct
  • 45. • Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) • Long term goal. • Absence of discrimination based on sex. • Equality between men and women exists when both sexes are able to share equally in the distribution of power and influence. • Gender Equality is the process of being fair to women and men • To ensure fairness, strategies and measures must often be available to compensate for women’s historical and social disadvantages that prevent women and men from otherwise operating on a level playing field. • Equity leads to equality. • Where gender inequality exists, it is generally women who are excluded or disadvantaged in relation to decision making and access to economic and social resources. Therefore, a critical aspect promoting gender equality is the empowerment of women, with a focus on identifying and redressing power imbalances and giving women more autonomy to manage their own leaves. Gender Equality
  • 46. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Laws for Women • Our constitution has laid down certain laws for women • According to Article 15 of our constitution, you cannot discriminate people on the basis of religion, caste, gender or race. • Some laws that have been laid in favour of the fairer sex are:- - Widow remarriage act (1856) - Divorce Act (1955) - Dowry abolishment act (1961) - Right to adopt (1956) - Laws against Rape - Right to inheritance (1956)
  • 47. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Various schemes for Women The Indian government has also recognised women issues and their contribution to the country's economy. Some of the women empowerment initiatives are: 1. Mahila E-haat 2. Beti Bachao, Beti Padhao 3.One Stop Centre Scheme (Wilth Nirbhaya Fund) 4. Working Women Hostels 5.Swadhar Greha -rehabilitation of women in difficult circumstances. 6. STEP -The Support to Training and Employment Programme for Women (STEP) Scheme 7. Nari Shakti Purushkar – in recognition of rendering distinguished services 8. Sukanya Smurddhi Yojana 9. Ujjawala Yojna
  • 48. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Equality does not imply that women can behave in any manner they see fit, but it means that people of both the sexes get equal opportunities.
  • 49. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) One very hopeful development which has taken place during the past ten years is the emergence of a woman’s movement wherein women have started raising their voice against inequality, patriarchal values and unjust social structure. The need is to adopt more positive steps to raise the status of women so that more Indira Gandhis,Vijayalakshmi Pandits, Kiran Bedis, and Najama Heptullahs can take birth and govern the nation like our former President of India Smt. Pratibha Patil. Today, every law favours women. The recent Amendment to Section 6 of the Hindu Succession Act, 1956, which gives equal right in coparcenaries property to daughters, is a clear-cut example. Moreover, Article 14 and 15 of the Constitution providing equal status to women and special laws for women, the Hindu Marriage Act, 1955, allowing her to take divorce under Section 13(1) (A) on any of the grounds available under this provision and Section 13(2) giving four special grounds to take divorce exclusively to the wife; the Hindu Minority and Guardianship Act, 1956; the Hindu Adoption and Maintenance Act, 1956; the Dowry Prohibition Act; and Section 498-A of the Indian Penal Code, 1860, specifically relating to punishment for cruelty against wife by her husband and relatives, all favor women. There are a number of social organizations and commissions working against exploitation of women at home and workplace
  • 50. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Suggestions for Women’s rights to make reproductive choice 1. The implications, as we see it, were that in the unfortunate situation of a young husband passing away, leaving his widow with minor children, the grandparents, say, could be made the natural guardians of the minor children. The widow, already grief stricken, would hardly be in a position to protest and might perforce, keep quiet. Once someone else was made a natural guardian of her children, she would at all times be under their domination. Such a situation is easily visualized even with a economically independent woman 2. The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil.
  • 51. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Suggestions (contd..) 3. Women’s equality in power sharing and active participation in decision making, including decision making in political process at all levels will be ensured for the achievement of the goals of empowerment. All measures will be taken to guarantee women equal access to and full participation in decision making bodies at every level, including the legislative, executive, judicial, corporate, statutory bodies, as also the advisory Commissions, Committees, Boards, Trusts etc. Affirmative action such as reservations/quotas, including in higher legislative bodies, will be considered whenever necessary on a time bound basis. Women–friendly personnel policies will also be drawn up to encourage women to participate effectively in the developmental process . 4. Since women comprise the majority of the population below the poverty line and are very often in situations of extreme poverty, given the harsh realities of intra-household and social discrimination, macroeconomic policies and poverty eradication programs will specifically address the needs and problems of such women. There will be improved implementation of programs which are already women oriented with special targets for women. Steps will be taken for mobilization of poor women and convergence of services, by offering them a range of economic and social options, along with necessary support measures to enhance their capabilities.
  • 52. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Conclusion WHAT is GENDER EQUALITY? The process of being fair to women and men. Requires equal enjoyment by women and men of socially valued-goods, opportunities, resources and rewards. It doesn’t mean men and women being the same •It is important that we must close the gender gap. •It will come from the men and women who believe they can make a difference. It will come from determination, guts and heart. •Gender Equality must become a lived reality.
  • 53. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) GENDER EQUALITY UNIT - IV
  • 54. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction Women are considered to be the pivot not only in domestic life but for society. This is evident through a study of the epics. A study of different stages of civilization with special reference to women, conducted by Vijay Sharma Kaushik and Bela Rani presents a true picture of women in different ages. They observed that a maid was not only an object of tender affection and care at home but her education also was taken care of and she had important duties to perform. The Sociologist had described women by propounding different perceptions. In India, the history speaks that the women are considered as a divine force but the multi- cultured Indian society placed the women at different positions. Thus, there is no uniform status of women in the Indian society.
  • 55. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction (contd..) According to historian ROMILLA THAPER –“Within the Indian sub-continent there have been infinite variations on the status of women diverging according to cultural malice’s, family structure, class, caste property rights and morals.” The Indian philosophy poses the women with dual character. On the one hand, she is considered fertile, patient and benevolent but on the other hand, she is considered aggressor and represents “Shakti”
  • 56. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Introduction (contd..) From the study of different stages of civilization with special reference to women in different ages it can be observed that a maid was not only an object of tender affection and care at home but her education also was taken care of and she had important duties to perform. A woman was never sacrificed at the altar of marriage. She was also allowed to select her life partner. The examples of Sita in Ramayana and Daraupdi in Mahabharata had proved this fact.”Kanyadan”does not necessarily mean her lower social status. The sacramental nature of marriage also strengthened the position of a wife in a polygamous society. She was the nucleus of a family. On women was dependent the prosperity and future progeny of the family. She was considered the creator, protector and educator of children in the family
  • 57. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Prominent Indian Women • Women in India have traditionally played quite nominal roles. • India had a woman Prime Minster long before Australia. • The queen of Jhansi was a hero of the 1857 freedom war
  • 58. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Did you know? • It is estimated that women perform two-thirds of the world’s work, yet they only earn one-tenth of the income, and own less than one percent of the world’s property. • More than 110 million of the world’s children, two-thirds of them girls, are not in school. • Only 17% of the world’s elected government leaders are women • More than 80% of the world’s 35 million refugees and displaced people are women and children
  • 59. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) •There are natural differences between the sexes based on biological and anatomic factors, most notably differing reproductive roles. Biological difference include chromosomes, brain structure and hormonal differences. There is a natural difference also in the relative physical strengths (on average) of the sexes. There is a difference that the society has made between males and females which is not justified and is frequently observed in the following aspects:- 1.Family 2.Society 3.Religion 4.Education Natural gender differences
  • 60. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  A girl being born is considered inauspicious whereas the birth of a boy is a cause for celebration.  The nutritious and the better food is given to the males whereas the women have to eat the leftovers.  The important decisions are taken by the male and females have no or little say in it.  The household chores, rearing the child, etc, are expected to be done by the women Family
  • 61. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  The society has designed certain norms and assigned certain role for both the male and the female  The percentage of females to males in Politics is also less (though 33% seats are reserved for women, it is only for name sake)  The society doesn’t consider it proper for the parents of a married girl to live with her at her in-laws house.  The groom’s side always weighs heavier over the bride’s, and the society accepts the husband showing his supremacy over the wife Society
  • 62. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  The women are expected to observe fasts or “Vrats”  She cannot fill the position of a religious head.  Religious ceremonies are mostly conducted by the males.  Upanyan vidhi, or performing the last rites a deceased are some privileges that have been granted only to men. Religion
  • 63. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)  Normally the boy are educated at the best institutions whereas the girls are educated in institutions where the fees are less.  The boys are encouraged to opt for Science, whereas girls are normally pushed towards the Arts faculty.  Girls aren’t given enough freedom to choose their careers.  Researches prove that gender bias is also observed in schools. Education
  • 64. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) This bias has to be removed. Both males and females are equally capable of doing things. If the nation or world is to progress, gender equality must be brought into effect.. What exactly is gender equality ? Gender is a social construct
  • 65. • Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) • Long term goal. • Absence of discrimination based on sex. • Equality between men and women exists when both sexes are able to share equally in the distribution of power and influence. • Gender Equality is the process of being fair to women and men • To ensure fairness, strategies and measures must often be available to compensate for women’s historical and social disadvantages that prevent women and men from otherwise operating on a level playing field. • Equity leads to equality. • Where gender inequality exists, it is generally women who are excluded or disadvantaged in relation to decision making and access to economic and social resources. Therefore, a critical aspect promoting gender equality is the empowerment of women, with a focus on identifying and redressing power imbalances and giving women more autonomy to manage their own leaves. Gender Equality
  • 66. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Laws for Women • Our constitution has laid down certain laws for women • According to Article 15 of our constitution, you cannot discriminate people on the basis of religion, caste, gender or race. • Some laws that have been laid in favour of the fairer sex are:- - Widow remarriage act (1856) - Divorce Act (1955) - Dowry abolishment act (1961) - Right to adopt (1956) - Laws against Rape - Right to inheritance (1956)
  • 67. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Various schemes for Women The Indian government has also recognised women issues and their contribution to the country's economy. Some of the women empowerment initiatives are: 1. Mahila E-haat 2. Beti Bachao, Beti Padhao 3.One Stop Centre Scheme (Wilth Nirbhaya Fund) 4. Working Women Hostels 5.Swadhar Greha -rehabilitation of women in difficult circumstances. 6. STEP -The Support to Training and Employment Programme for Women (STEP) Scheme 7. Nari Shakti Purushkar – in recognition of rendering distinguished services 8. Sukanya Smurddhi Yojana 9. Ujjawala Yojna
  • 68. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Equality does not imply that women can behave in any manner they see fit, but it means that people of both the sexes get equal opportunities.
  • 69. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) One very hopeful development which has taken place during the past ten years is the emergence of a woman’s movement wherein women have started raising their voice against inequality, patriarchal values and unjust social structure. The need is to adopt more positive steps to raise the status of women so that more Indira Gandhis,Vijayalakshmi Pandits, Kiran Bedis, and Najama Heptullahs can take birth and govern the nation like our former President of India Smt. Pratibha Patil. Today, every law favours women. The recent Amendment to Section 6 of the Hindu Succession Act, 1956, which gives equal right in coparcenaries property to daughters, is a clear-cut example. Moreover, Article 14 and 15 of the Constitution providing equal status to women and special laws for women, the Hindu Marriage Act, 1955, allowing her to take divorce under Section 13(1) (A) on any of the grounds available under this provision and Section 13(2) giving four special grounds to take divorce exclusively to the wife; the Hindu Minority and Guardianship Act, 1956; the Hindu Adoption and Maintenance Act, 1956; the Dowry Prohibition Act; and Section 498-A of the Indian Penal Code, 1860, specifically relating to punishment for cruelty against wife by her husband and relatives, all favor women. There are a number of social organizations and commissions working against exploitation of women at home and workplace
  • 70. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Suggestions for Women’s rights to make reproductive choice 1. The implications, as we see it, were that in the unfortunate situation of a young husband passing away, leaving his widow with minor children, the grandparents, say, could be made the natural guardians of the minor children. The widow, already grief stricken, would hardly be in a position to protest and might perforce, keep quiet. Once someone else was made a natural guardian of her children, she would at all times be under their domination. Such a situation is easily visualized even with a economically independent woman 2. The de-jure and de-facto enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil.
  • 71. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Suggestions (contd..) 3. Women’s equality in power sharing and active participation in decision making, including decision making in political process at all levels will be ensured for the achievement of the goals of empowerment. All measures will be taken to guarantee women equal access to and full participation in decision making bodies at every level, including the legislative, executive, judicial, corporate, statutory bodies, as also the advisory Commissions, Committees, Boards, Trusts etc. Affirmative action such as reservations/quotas, including in higher legislative bodies, will be considered whenever necessary on a time bound basis. Women–friendly personnel policies will also be drawn up to encourage women to participate effectively in the developmental process . 4. Since women comprise the majority of the population below the poverty line and are very often in situations of extreme poverty, given the harsh realities of intra-household and social discrimination, macroeconomic policies and poverty eradication programs will specifically address the needs and problems of such women. There will be improved implementation of programs which are already women oriented with special targets for women. Steps will be taken for mobilization of poor women and convergence of services, by offering them a range of economic and social options, along with necessary support measures to enhance their capabilities.
  • 72. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Conclusion WHAT is GENDER EQUALITY? The process of being fair to women and men. Requires equal enjoyment by women and men of socially valued-goods, opportunities, resources and rewards. It doesn’t mean men and women being the same •It is important that we must close the gender gap. •It will come from the men and women who believe they can make a difference. It will come from determination, guts and heart. •Gender Equality must become a lived reality.
  • 73. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi – 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Thank You