Write an essay about gender discrimination among TEACHERS.
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Introduction
Gender discrimination has been one of the most primitive forms of discrimination in most civilizations. Though globally most societies are moving towards reform, there is also a realization that there is too much to be changed and women’s rights have been suppressed for too long a time. In matters such as property rights, the treatment extended to women is atrocious, to say the least.
This scenario is not confined to India, but women’s rights in, access to, and control over land, housing, and other property continue to be limited all over the world. Gender-biased laws, traditional attitudes toward women, and male-dominated social hierarchies pose obstacles to women attaining equal and just rights. The situation tends to be worse in war-torn societies. Absent property rights, a cross-section of war-affected women—refugees, internally displaced, and heads of households—tend to live in dire poverty and deprivation. Everywhere, women without property rights find it more difficult to gain access to credit that allows them to invest in agriculture or micro-enterprises. Talking about gender bias in ownership rights, which happens to be one of his areas of expertise, Nobel laureate Amartya Sen says:
In many societies the ownership of property can also be very unequal. Even basic assets such as homes and land may be very asymmetrically shared. The absence of claims to property can not only reduce the voice of women, but also make it harder for women to enter and flourish in commercial, economic and even some social activities.2 This type of inequality has existed in most parts of the world, though there are also local variations. For example, even though traditional property rights have favoured men in the bulk of India, in what is now the State of Kerala, there has been, for a long time, matrilineal inheritance for an influential part of the community, namely the Nairs.
This inequality will be the focus of this researcher, through this study.
Hypothesis
The hypothesis of the instant project is that customary laws, most of which are in vogue to date, have institutionalised gender bias within them and therefore discriminate heavily between men and women especially over property rights. Property rights have been one of the oldest contentions of women’s rights activists. Though reforms have come about in the form of various amendments and judgments, equality is still a far-fetched picture.
There has been an attempt to unify Hindu law across the country. Broadly comparing the two most prominent models of customary law – the Mitakshara and the Marumakattayam models, one notices that the latter furthers the unification of Hindu law. It may be recalled that P.V. Kane supporting the recommendation of the Rau Committee stated: “And the unification of Hindu law will be helped by the abolition of the right by birth which is the cornerstone of the Mitakshara School and which the draft Hindu Code seeks to abolish.”
However, what is of greater importance to this study is how in the first place customary laws were discriminatory in nature. The chapters of this study will elaborate on the same.
Section 23 of the Hindu Succession Act is again a glaring incidence of gender bias in law. One of the main driving factors behind the enactment of the Hindu Succession Act was to give right to property to women yet by enacting Section 23, the right to enjoy the property is very much restricted for women. The female heirs are not entitled to sue their brother for partition. It is only if one of the brothers choose to partition the property that the sisters can get a share in it. Further the Schedule giving Class I heirs also reflects inequality. As can be seen clearly while the son’s son’s son and son’s son’s daughter get a share, a daughter’s daughter’s son and daughter’s daughter’s daughter do not get anything. Similarly while the widows of a predeceased son and grandson are Class I heirs the husband of a deceased daughter or a granddaughter are not heirs.
Nature And Scope
The scope of this project is restricted to studying the gender bias in customary laws over property rights in various laws. The researcher would not intend to explore other inequalities, which may follow the same pattern as existent in case of property rights. The researcher’s attempt would be to analyse the laws in order to bring out factual evidence in support of the hypothesis. For the purpose of this study, the researcher will not only analyse the laws but will also refer to cases, which in extension of the legal provisions also aided the process of discrimination. However, the customary laws will be the primary area of focus.