• In the mid-twentieth century, the French social philosopher Simone de Beauvoir wrote the magnum opus ‘Second Sex’.
• Here she elaborated the secondary position of the women because of social-cultural factors.
• She famously written that ‘one is not born, but rather becomes, a woman.’
• She mentions that the ‘sex’ (biological difference between male and female) in the course of time becomes ‘gender’ (a socio-cultural construct).
• It happens due to primary (family peer groups, community) and secondary (school, college, club, public library, offices, sports, etc.) socialisation.

Recent Judicial Orders for Gender Justice

• Marriage of IFS Officers: In IFS Services Rules, the permission of Govt. was required before the marriage of women officers, and married women were not allowed to join IFS. Hence, the Supreme Court (SC) quashed it outright.
• Quashing of punishment for adultery: In Joseph Shine v Union of India case, the Section 497 of IPC (punishment for adultery) was struck down as unconstitutional, being violative of Articles 14, 15, and 21.
• Ban on Triple Talaq: The SC had declared Talaq-e-biddar (triple talaq at the same time) unconstitutional & arbitrary (violative of fundamental right to equality).

Factors attributing Empowerment of Women

The Fifth National Family Health Survey (2019-20) talks of the following factors for the empowerment of women:

• Ownership of physical assets: Mobile phones, bank accounts, land & housing;
• Access to menstrual hygiene: Products such as sanitary napkins etc.
• Participation in household decisions: Healthcare for herself, household purchases, visits to family relatives)
• Employment: in formal sector
• Gender violence: Emancipation from femicide
• Marriage: under the age of 18 years
• Educational attainment: More than 10 years

Success of Policy Imperatives in this direction

Sex Ratio: at birth in 2020 increased to 942

Hygienic methods: Share of women using hygienic methods increased from 60% to 78% (2015-2020).

Access to banking facilities: Due to PMJDY, women’s bank accounts increased by 28% (2015- 2020).

Decision making: Participation in household decision-making increased marginally to 85%.

Child marriage prevention: Share of women marrying before 18 years is about 30% (both in 2015 and 2020).

Domestic violence: Domestic violence stagnating but during the Covid-19 lockdown it surged to 60%.

Budgetary grant: Share of Union Budget spent on women-related schemes has stagnated at about 5.5% since 2009, and less than 30% of which is being spent on 100% women-focused schemes.

Enhanced the maternity period: The Govt has increased the maternity period to 26 weeks under the Maternity Benefit (Amendment) Act, 2017 to benefit 18 lakh women workers in the organized sector.

Conclusion

• Sometimes economic development leads to gender equality but other times, empowerment (especially in decision-making) leads to gender equality, hence both are necessary.
• However, as the Nobel Laureate Esther Duflo rightly points out, there should be a continuous policy commitment to equality for its own sake.
• Hence, multidimensional efforts are needed.

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