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Socio-Legal Dimensions of Gender (LLB-507 & 509 )

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This paper intends to sensitize the students about the changing
dimensions of gender and also familiarizes them with the subtle manifestations of inequality rooted in our society.

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Socio-Legal Dimensions of Gender (LLB-507 & 509 )

  1. 1. SEMESTER: NINTH BBALLB / BALLB NAME OF THE SUBJECT: SOCIO LEGAL DIMENSIONS OF GENDER UNIT - 1 TOPIC: GENDER AS A SOCIAL CONSTRUCT FACULTY NAME: Ms. Anubha Jain (Assistant Professor)
  2. 2. What is Social Construction • Social construction is a social process in which both individual and other social processes are intrinsically related. Every construction or image of the world is influenced by the individual’s experience of the society and his/her interaction with various social processes. • Therefore, many often it is argued that the social construction itself carries subjective biases as it is shaped by individual experience. • Social construction is also influenced and dominated by the interests of a particular group or class of people.
  3. 3. • Sex- biological category • Gender-Sociological category • Gender is a social construct that is determined by culture and society and defines man-woman relationship that is changeable.
  4. 4. Sex and Gender Sex; • Sex refers to the biological characteristics with which we are born. • In a very broad way ‘‘sex’’ refers to the biological and physiological differences between male and female sex. Gender: • Gender is a analytical category that is socially constructed to differentiate the biological difference between men and women. • The term gender is also used to describe the differences in behavior between men and women, which are described as masculine and feminine.
  5. 5. The emergence of gender issues • Gender has been a central ‘issue’ in India since the colonial period. An overwhelming woman’s question arose from the 19th century social reform movement, crucially informed and remains a point of crisis in India’ s cultural, social, and political space. • The recognition of gender as an issue forms the basis for India’s women’s movement. • One important gender concern was a status that is, the rewards and benefits to women on India’ s journey to self determination, statehood, democracy, progress, modernity, and development.
  6. 6. Manifestation of gender differences can be found in Construction of: • Roles-What women and Men do • Relations- How women and men relate to each other • Identity-how women and men perceive themselves
  7. 7. Ideology of Gender • Contains norms and rules regarding appropriate behavior • Determines attributes • Reproduces range of beliefs and customs to support these norms and social rules • Norms and rules determine material reality of relative access of men and women to and claims over different resources. E.g. food, health, education, property, job, opportunities & entitlements, so on & so forth
  8. 8. Gender and Socialization • Socialization is the process, through which the child becomes an individual respecting his or her environment, laws, norms and customs. • Gender socialization as the learning of behavior and attitudes considered appropriate for a given sex. • The Gender Socialization process occurs in multiple social institutions, including the family, religious and educational institutions, mass media and peer networks. • Gender socialization is a more focused form of socialization, it is how children of different sexes are socialized into their gender roles and taught what it means to be male or female.
  9. 9. Agents of gender socialization Family • The family is considered as the institution that has the greatest impact on gender socialization. The parents usually hold a number of gender stereotypes, which are ideas about how a girl and a boy should ideally act and think. • The choice of toys for the children seem to an image of what is expected of them in their future. • Talking and communication pattern. • Sitting expectations. • Providing opportunities.
  10. 10. Schools • The next environment that children are entering is the school, where a conscious socialization is happening. Schools are major contexts for gender socialization. • In elementary and middle school, boys usually get more time to talk, are called on more often, and receive more positive feedback.
  11. 11. Theoretical Approaches to Gender Socialization • Several theories that attempt to explain gender socialization – social learning theory, and gender schema theory, Such theorists understand the processes by which children learn gender appropriate behavior in the same way children learn in general. • Other theories focus on gender and sexuality exclusively. Psychoanalytic theory, for example, emphasizes the unconscious processes involved in developing gender identity. • Stockard (1999) suggests that all three theories help explain the process of gender socialization.
  12. 12. Social Learning Theory : • This theory suggests that learning occurs through reinforcement or imitation and modeling. • People learn attitudes, beliefs, and behaviors through social interaction. Psychoanalytic theory : • It isn’t a learning theory, it suggests that some aspects of gender identity result from unconscious psychological processes, rather than more conscious processes. Cognitive Development theory : • Cognitive theories of gender socialization offer a different perspective, emphasizing the developmental nature of the socialization process, as well as the active role the child plays in the construction of his or her gender identity. Gender schema theory: • Gender schema theory suggests people have mental organization systems (schemas) to help them identify as male or female.
  13. 13. Social Constructionist Approach • A social construct is something that does not exist independently in natural world but is instead an invention of society • Cultural practices and norms give rise to the existence of social constructs and govern the practices ,customs, and rules governing the way we use/view/understand them. • In other words, we all act as if they exist, and because of our inter subjective agreement, they do.
  14. 14. • To conclude, gender and gender roles are neither only innate nor only socially constructed. • The notions “gender” is both biological and cultural, so gender roles are resulted from both of the two factors. • People’s daily life family life, parental guidance, parental selection of toys and clothes, role modeling creates a constructed perception of gender. • However, culture and society are not the only; people’s biology, genes, hormones, brain and the way their brain functions have a huge influence on people’s gender as well as their sex. • To understand the secrets of gender and gender roles attached to both men and women, it is necessary to focus on both biological and social factors. We cannot understand one without understanding the other. • Gender and gender roles are socially constructed as well as they are innate.
  15. 15. Production of Masculinity and femininity • The conceptions of masculinity and femininity emerge from broader ways of thinking about gender. From, the very beginning of his/her identity formation, an individual has to be involved in the polyphonic discourse of the society where he/ she is compelled to accept or discard some elements
  16. 16. Social construction of masculinity • Masculinity consists of those behaviors, languages and practices, existing in specific cultural and organizational locations, which are commonly associated with males and thus culturally defined as not feminine. • As socially constructed identities, boys and men learn “appropriate” gender roles in accordance to the masculine expectations of their given society. • Another way to explain masculine is construction through what is known as the Inside the box is a list of socially valued roles and expectations that constitute conventional masculinity. • All men are influenced by their upbringing, experience, and social environment which play a big role in determining one’s view of masculinity and manhood
  17. 17. Social construction of femininity • Simone de Beauvoir's quote, one is not born a woman,but becomes one is applicable here. • The notion of womanhood or femininity is accomplished through an active process of creating gender through interacting with others in a particular social context. • given a choice to decide their own identity through toys, dresses etc. • build characteristics and expectations. • Based on the characteristics of physical, emotional etc which are particularly appropriate with femininity.
  18. 18. • Femininity and masculinity are behavioural construct which are powerful regulators of human socio-cultural affairs. • Femininity is the abstract quality of being feminine and masculinity is the abstract quality of being masculine. • In the frenetic search for masculinity and femininity in our society, both sexes project some qualities that they admire and desire on the opposite sex. In denying themselves the qualities which are said to belong to the opposite sex, people glorify these qualities in the opposite sex out of proportion. • For example, it is observed that men deny themselves sensitivity and gentleness in certain occasions, but desire these qualities in their women. Similarly women are fond of assertive and authoritative behaviour and demand these qualities of their men. If the partners can conform to these stereotypes, then it is a good thing. • But if they cannot sustain these ideals, then there will be conflict, confusions and disappointment.
  19. 19. • The socialization of woman performs her an individual with certain apparently inherent qualities such as weakness, fickle-mindedness, patience etc. All these help the patriarchal males to argue that women need to confined to the home and be protected and controlled. "Her sexuality and desires are made and treated as subservient to that of the male's. • Thus the feminists suggest that inequality of sexes does not have a biological basis of origin, it originates in the cultural constructions of gender differences. Gendering is a practice of power, where masculinity is always associated with authority"
  20. 20. UNIT - 2 TOPIC: POWER AND SUBORDINATION
  21. 21. Power and subordination • The widely accepted definition of power is getting someone else to do what you want them to do. • Gender shapes power, from the ‘private’ relationships of the household to the highest levels of political decision-making. • Gender divides power. Inequalities between men and women are one of the most persistent patterns in the distribution of power. For example, women’s lack of influence marks political decision-making the world over. • Women, particularly in their socially assigned roles of wife and mother, may more often understand themselves as being in continuity with the people around them rather than in opposition. They often aim to build capacity in others rather than to dominate.
  22. 22. • Often what it means to be a woman is to be powerless (quiet, obedient, accommodating). A real man, by contrast, is powerful (outspoken, in control, able to impose his will), particularly in relation to women. These gender roles tend to perpetuate the power inequalities that they are based on. For example, the fact that many men and women think it’s not natural for women to speak up in public often poses a key barrier to women’s access to decision-making. • Gender shapes institutions and how they affect the distribution of power. Most political and economic institutions, historically dominated by men, are tailored to (elite) men’s experience. They idealise masculine forms of behavior and rely on men’s power over women. Therefore these institutions tend to lock in two types of power - men’s power over women, and the power of the most masculine men over everyone. • So gender and power are intrinsically linked
  23. 23. Patriarchy and Women’s Subordination • Patriarchy is the prime obstacle to women’s advancement and development. Despite differences in levels of domination the broad principles remain the same, i.e. men are in control. The nature of this control may differ. So it is necessary to understand the system, which keeps women dominated and subordinate, • In the modern world where women go ahead by their merit, patriarchy there creates obstacles for women to go forward in society. Because patriarchal institutions and social relations are responsible for the inferior or secondary status of women. Patriarchal society gives absolute priority to men and to some extent limits women’s human rights also.
  24. 24. • The word patriarchy literally means the rule of the father or the patriarch and originally it was used to describe a specific type of ‘male-dominated family’ – the large household of the patriarch which included women, junior men, children, slaves and domestic servants all under the rule of this dominant male. Now it is used more generally to refer to male domination, to the power relationships by which men dominate women, and to characterize a system whereby women are kept subordinate in a number of ways. Patriarchy refers to the male domination both in public and private spheres. • Thus, patriarchy describes the institutionalized system of male dominance. . • Regarding the existence and origin of patriarchy, traditionalists do believe that men are born to dominate and women to be subordinate. They believe that this hierarchy has always existed and will continue, and like other rules of nature this one too cannot be changed. There are others who challenge these beliefs and say that patriarchy is not natural it is man-made and, therefore, it can be changed.
  25. 25. • Subordination means something else is less important than the other thing. • Patriarchy, which pre-supposes the natural superiority of male over female, shamelessly upholds woman subordination to, man in all spheres of life. Consequently, all the power and authority within the family, the society and the state remain entirely in the hands of men. So, due to patriarchy, women were deprived of their legal rights and opportunities patriarchal values restrict women’s mobility, reject their freedom over themselves as well as their property. • The term ‘women’s subordination’ refers to the inferior position of women, their lack of access to resources and decision making etc. and to the patriarchal domination that women are subjected to in most societies. So, women’s subordination means the inferior position of women to men. • Thus, women’s subordination is a situation, where a power relationship exists and men dominate women
  26. 26. • Contemporary feminist theory begins with Simone de Beauvoir’s argument that because men view women as fundamentally different from themselves, women are reduced to the status of the second sex and hence subordinate (Beauvior 1974). Kate Millet’s theory of subordination argues that women are a dependent sex class under patriarchal domination (Millet 1977). • Patriarchy is a system whereby women are kept subordinate in a number of ways. The subordination that we experience at a daily level, regardless of the class we might belong to, takes various forms – discrimination, disregard, insult, control, exploitation, oppression, violence – within the family, at the place of work, in society. • For instance, a few examples are illustrated here to represent a specific form of discrimination and a particular aspect of patriarchy. Such as, son preference, discrimination against girls in food distribution, burden of household work on women and young girls
  27. 27. • So, the norms and practices that define women as inferior to men, impose controls on-them, are present everywhere in our families, social relations, religious, laws, schools, textbooks, media, factories, offices. Thus, patriarchy is called the sum of the kind of male domination we see around women all the time. Different areas of womens lives which are said to be under patriarchal control: • Womens Productivity or Labour Power • Womens Reproduction • Control over Womens Sexuality • Womens Mobility • Property • In this ideology, men are superior to women and women are part of men’s property, so women should be controlled by men and this produces women’s subordination.
  28. 28. Socio-legal dimensions of Honour Killings • Honour crime is a vintage crime which still holds its place in today’s society inspite of the modern mindset and advance thinking. Honour killing is the most aggravated form of honour crime which is prevalent almost in all the societies of the world with variation in its statistics. Laws in some countries have totally banned honour killing and is regarded as one of the heinous crimes. As far as India is concerned it has no proper and accurate law to deal with such crimes, because of which a big lacuna has been developed in the Indian legal system. • An honour killing or shame killing is the homicide of a member of a family by other members, due to the perpetrators belief that the victim has brought shame or dishonour to the family or has violated the principle of the family or of the religion, usually for reasons such as refusing to enter in an arranged marriage, being in a relationship disapproved by the family, having sex outside the marriage, becoming the victim of rape, dressing in ways deemed to be inappropriate and so on.
  29. 29. • The extend of honour killing varies from state to state and country to country. India inspite being one of the highest rated countries in regard of honour killing, still all its states are not involved in this barbaric practice except (Punjab, Haryana, Rajasthan, Delhi, Bihar etc). In India Punjab is the most notaries state in this regard with highest rate of honour killing cases because of the presence of ‘Khap Panchayat’ or ‘Caste panchayat’. Most of the cases go unreported because of the influence of the family or are reported as suicides or accidents. • Indian Constitution has been the basic document and guiding force which vests ample of rights to its citizens. Honour killing violates few such provisions in the Constitution, thus, contrary to the basic rights of people. Such rights are: Article 14 (Right to Equality), Article 15(1) and (3) (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 17(Abolition of Untouchability), Article 19(1) (freedom to speech and expression) and Article 21(right to life and personal liberty).
  30. 30. • The Directive Principle of State Policy (DPSP) though not enforceable can be considered for good governance of the Country. Article 39(a) provides for the State to secure that all citizens are provided with adequate means of livelihood. But honour killing deprives the life of the woman in most of the cases. And Article 39 (e) and (f) provides for the State to ensure that the childhood and youth are protected. • Due to this customary practice of honour killing many young and married couples are exploited, they are placed in an unprotected circumstance. Hence it is the duty of the State to protect such vulnerable people and protect their lives against this evil practice. exploitation and against growing and material abandonment.
  31. 31. Reasons behind prevalence of honor killing • Patriarchal Mindset • Caste system • Khap Panchayat and vote bank politics • Lack of education • No separate and strict laws
  32. 32. Different laws in India pertaining to honour killing • The Indian Penal Code-Section 300(Murder) • Constitution of India- Articles 14, 15 (1) & (3) 19 and 21 • The Indian majority Act, 1857 • The special marriage Act, 1954 • The scheduled castes and scheduled tribes (Prevention of Atrocities) Act, 1989 • The protection of women from domestic violence Act, 20051 • Indian evidence Act, 1872 • Protection of Human Rights (Amendment) Act, 2006
  33. 33. Khap Panchayats and Honour Killing • Panchayat literally means assembly of five prudent and respected elders chosen and accepted by the village community. Usually, some mighty and powerful persons, were coerced public consensus and without any election group together and declare themselves ‘the king of the caste’, thereby constituting the caste panchayats. • Khaps panchayats are active in various states of the country especially Haryana. Khaps of these states are notorious for their outlandish edicts like declaring married couples siblings, ostracising families and such other atrocious acts. The reason behind all these atrocious verdicts is to save the so called honour and culture of the society.
  34. 34. Indian Judiciary on Honour Killing • Lata Singh v. State of U.P. and Anr, 2006 (5) SCC 475 • Bhagwan Dass v. State (NCT) of Delhi, 2011 (6) SCC 396. • Ashish Sharma and Another v. State of UP and others • State of U.P. v. Krishna Master and anr, AIR 2010 SC 3071 • Arumugam Servai v. State of Tamil Nadu,34 (2011) 6 SCC 405.
  35. 35. Socio-legal Dimensions of Witch-Hunting • The word ‘witchcraft’ is made up of two words ‘wicce’ and ‘craft’. ‘Wicce’ has originated from ‘wicca’ which means ‘witch’ and ‘craft’ refers to ‘skill or ability’. Witchcraft is the practice and belief in magical abilities and the one who professes witchcraft is called a witch or wizard. In the past, midwives were accused of witchcraft and were made to admit it by subjecting them to torture. As the word is used in a negative sense, the people associated with witchcraft are looked at with suspicion and are socially less acceptable. • On the other hand, witch hunting is the wicked practice where the women alleged of causing detrimental influences are branded as witches by Ojhas (witch doctors/tantriks) or community people and are thereafter hounded, banished, flogged, raped, paraded naked through the village, forced to eat human excreta, balded, thrashed etc. The women accused of being witches are called by various names like dayan, tonahi, beta khauki (son eater), adam khauki (man eater), bhaikhauki (brothereater), maradmuhi, kheldi (characterless), bisahin (poisonous woman), bhootni, Dakan etc. Thus, witch hunting involves both physical and verbal abuse.
  36. 36. • Despite the tremendous amount of violence involved in the witch hunt, it lacks a national legal code which could be adequate to deal with the issue in its entirety. A significant thing to note here is that, barring the recent few contrary cases, the victims of witch hunt are generally the women who are mentally unsound, sans a spouse or children, and/or are from lower strata of society. This does not only exhibit the schematic nature of the matter, but also a sense of animosity against a particular section of the society. • The practice is said to have emanated hundreds of years ago in the Morigaon district of Assam which is famously called ‘The Indian capital of black magic’ and is the abode of people who want to learn witchcraft. The practice is a customary one in India and is prevalent in rural isolated areas especially among the tribal population. The incidents of witch hunting are prominent in Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and West Bengal.
  37. 37. Witch hunt as a Social Practice • The whole practice of witch hunt entails the social pattern which is being followed from the primitive times. Not only does it encapsulate the authority of regressive yet indelible social norms, it also vividly depicts the repercussions of a deviant behavior. In fact, with superstition being a primary ingredient of the practice, earlier times have created distinctive images of witches. • From a hag on a broom to a woman with supernatural powers, the narrative has undergone some shifts. What remains constant, however, is the horrendously violent treatment which is given to the people who are branded as witches. Going by the witch hunt accounts, the patriarchal Ojhas possess all the social powers to drive an entire town into brutally murdering the supposed evil force.
  38. 38. Legislations on Witch Hunting • It cannot be denied that the primary reason which aggravates the issue at hand is the scarcity of a national statutory provision. • There are numerous laws in force at international, national level and in various states which provide stringent punishment to the perpetrators of witch hunting and the related practices. • Different states have respective enactments to handle the issue effectively, with Bihar being the first state to give an affirmative nod to the legislation in the form of Prevention of Witch (Dayan) Practices Act, 1999. The step was followed by numerous states such as Jharkhand, Chattisgarh, Odisha, Rajasthan, and Assam to name a few.
  39. 39. • The state of Assam, in fact, has only recently got the Presidential affirmation to the Assam Witch Hunting (Prohibition, Prevention, and Protection) Bill, 2015. The Act, 2015 classifies the practice as a non- bailable, non- cognizable, and non- compoundable offence while laying down up to seven year imprisonment and a fine up to 5 lakh for identifying any person as a witch. • The violent incidents of witch hunt are also dealt by invoking various provisions of Indian Penal Code, 1860. Majorly, Section 302 (murder), Section 307 (attempt to murder), Section 323(punishment for voluntarily causing hurt), Section 376 (punishment for rape), and Section 354 (outraging the modesty of a woman) of the Code, 1860 come into force while dealing with the atrocities pertaining to witch hunt. • Apart from these state legislation there are other bodies established to prevent witch-hunting and promote protection to women and to ensure those rights necessary for them to live a peaceful life with dignity.
  40. 40. • Partner for Law in Development (PLD) 1998, which is a group of legal resource working for social justice and women’s right in India. It considers women’s rights as an integral part of the society and hence protects women’s right from getting violated through families, on basis of sexuality, culture, caste, etc. • Other than this many NGO’s are working for preventing and protecting women from the social evil of witch-hunting.one among those is Rural Litigation and Entitlement Kendra, which had also filled a PIL in Supreme Court relating to the abuse of women in name of witch-hunting on behalf of 1000 rural women in Jharkhand who were victimised of witch-hunting. • Apart from these NGO’s and some local bodies working against witch hunting, a bill “Prevention and Prohibition of Witch-Hunting” has been drafted by members of Human Rights Defence International, which is still pending. It aims at establishing national legislation relating to witch-hunting.
  41. 41. Case study • In January, 2019(Orissa) Mangri Munda, a tribal woman along with her two sons and two daughters were murdered and their bodies were dumped in a well close to their house. People believed her to be a witch capable of doing black magic. The main accused in the case was Budhram Munda who was the witch doctor. People thought that she was responsible for a long-running sickness in the accused family. • The case of Mangri Munda is only one example among the many where innocent women are accused of being witches and are held responsible for the deaths of children, illness spreading in the village and other mishappenings.
  42. 42. Judicial Pronouncements • Tula Devi and others v. State of Jharkhand, 2006 (3) JCR 222 Jhr • Madhu Munda v. State of Bihar, 2003 (3) JCR 156 Jhr
  43. 43. UNIT - 3 TOPIC: RESISTANCE AND MOVEMENTS FACULTY NAME: Ms. Anubha Jain (Assistant Professor)
  44. 44. Resistance and Movements • Women have historically been associated with inferiority in philosophical, medical and religious traditions. • The hierarchical dichotomy of a body versus soul/intellect was seen to parallel the division of the sexes with women, due to their childbearing functions and menarche, pejoratively associated with corporeality. • Despite the dominance of these misogynist traditions, some individuals during the Middle Ages and early modern period challenged the status quo and called for greater equality between the sexes.
  45. 45. The late nineteenth and early twentieth century: The First Wave • Both men and women, (notably Mary Wollstonecraft), the idea of pursuing greater gender equality was rarely discussed. • By the turn of the twentieth century, however, Woolf’s contemporaries in Britain and in the United States Of America, New Zealand and Australia were actively pushing for greater equality, establishing new traditions and feminist mothers to inspire later generations. • Emmeline Pankhurst in England were the key pioneers of ‘first-wave feminism’, a period in which women organized themselves into public and high-profile advocacy groups, campaigning for equality in property, economic and voting rights. Beginning with New Zealand in 1898, women were granted the Women’s Suffrage and within half a century, enjoyed suffrage in a majority of countries across all continents: the US in 1919 and the United Kingdom in 1928 (to all women over 21).
  46. 46. The Second Wave • The second-wave of feminist campaigning for gender equality targeted new objectives from their ‘first wave’ sisters. Having achieved suffrage and equality in property rights, Feminists after WWII broadened their objectives to tackling discrimination in employment opportunities, pay and education, reproductive rights and the role of women in the family and household. The slogan and battle-cry of the second wave was coined by Carol Hanisch: “The Personal is Political” The second wave deconstructed and criticized for the first time power relations between men and women in the realm of the personal as well as the public: culture, sexuality, and the political inequalities were intimately intertwined, subjecting women to discrimination that only self-realization of these power relations could overcome.
  47. 47. Key achievements of second wave • In the US: the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Title IX and the Women’s Educational Equity Act (1972 And 1975). • This period also saw international committees and conferences dedicated to promoting gender equality. • In the first decade, the Commission passed the following conventions aimed at promoting gender equality: Convention on the Political Rights of Women, adopted by the General Assembly (1952); the convention on the Nationality of Married Women, (1957).
  48. 48. Third Wave Feminism • By the late 1980s, the campaign for gender equality entered the ‘third wave’. • Feminist called for greater awareness of the specific equality concerns of other female identities previously marginalised in second wave discourses for gender equality: women from black and minority backgrounds, bisexual, lesbian, and transgender women, the ‘postcolonial’ voice and lower social classes. The third wave criticised the second wave’s “conformism”.
  49. 49. From Chipko To Sati-The Contemporary Indian Women’s Movement- RADHA KUMAR • In 1970’s Indian women faced a number of problems and domination which resulted in the outbreak of a series of women’s movements and campaigns. These campaigns and movements include a number of issues of importance of women, which emanate process of change and development in feminist thinking. • After India’s independence in 1947, the Congress Government of that time made promises to uplift the position of women and thereby, declared equality of men and women in the Constitution, by setting up many administrative bodies and raising opportunities for women. • Most famous Feminist movements were Shahada and anti-price agitations in Maharashtra and Self Employed Women’s Association and Nav Nirman in Gujarat.
  50. 50. • The shahada movement was a Bhil Tribal landless laborer’s movements. • In Gujarat, the first women’s trade union(textile labor Association) formed in 1972 by Ella Bhatt. • The self-employments women’s association (SEWA) was an organization which worked collectively for women and fought against the issues of low earnings, poor working conditions, harassment from those in authority etc. • The drought and famine, in the rural areas of Maharashtra in early 1970’s led to a sharp rise in prices in the urban areas, which resulted in the formation of United Women’s anti- price rise front.The protest included mostly women who campaigned against the inflation and addressed the government to fix the prices.
  51. 51. • This movement spread to Gujarat and was known as Nav Nirman movement, which was students movement against black marketing, corruption, and soaring prices. • During the same time, the first contemporary women’s feminist movement was formed in Hyderabad which include the women from Maoist movement, who raised the issue of gender oppression. Because of sudden rise in women’s movements, the United Nations declared 1975, as the International women’s year. March 8, international women’s day was celebrated for the first time in India.
  52. 52. Early Feminists Campaigns • The role of the feminist groups was to raise feminist issues with mass organizations such as trade unions, Kisan Samiti etc. In the late 1970’s many loosely organized groups were formed, the only party based organization was Mahila Dakshata Samiti (women’s self-development organization) founded in 1977 by the socialist women in the coalition of Janata Part. • Many Dowry related cases were found in and around Delhi, dowry related crimes and murder of women because of dowry, increased in the country. Women’s death by the fire was regarded as suicide and police refused to lodge the complaint treating the matter as personal. • No one bothered to raise voices against the violence until when the feminists reversed the indifference by linking the deaths of women by fire not as merely suicides but coupled with dowry harassment
  53. 53. The Agitation Against Rape • Just after the few months of the anti-dowry campaign and dowry-related crimes, the campaigns against rape started with campaigns against police. Growth And Maturing Of The Movements • Feminist began to move from the earlier modes of agitations such as public campaigns illustrations, street plays etc to build the structures of support to individual women, which resulted in the formation of women’s center in several cities. These centers provide support, counseling, health care and in some centers it also provided with employment. • Later in 1980, these centers also organized workshops which initiated several activities and has sessions on drama, singing, painting etc. Short stories, myths, folktales, songs, street plays were used to depict the position of women from the past to present. • Feminists also emphasized the role of the women int movements which depicted social tranformation, one such movement was Chipko movement- a movement against deforestation and to preserve forest from destruction from timber contractors. Women played an important role in this mass movement.
  54. 54. Challenges to Movements • There were several challenges which were related to the issue of religion and interfered with the personal. For example, A women married under Muslim Or Hindu law cannot take divorce under secular law, several hardships were faced during the time, later British colonial government passed (section 125 Cr.P.C.) that a divorced women is a destitute who is entitled to maintenance by her husband. Another case of the practice of sati • There were several agitations towards the sati, but immediately after the immolation, the site became a pilgrimage spot, where it was seen from Hindu (religion point of view). Feminist were opposed by mainly Hindu reformist, Arya Samaj etc. These were very challenging towards the women’s movements.
  55. 55. • Contemporary Indian women’s movement was a complex journey. It included a large participation of women from both rural and urban areas. These movements created a sense of understanding on the position of women and also created consciousness among themselves. When supporting gender equality they are the group who are especially confronted with resistance. • The section gives three main messages: • Resistance is part of any change process • Resistance can be used to promote change • There are ways of dealing with resistance
  56. 56. Types and Causes of Resistance Individual level and Organisational level • There is a broad range of manifestations of resistance: • Passive resistance • Hidden resistance
  57. 57. Gender in Media and Market • The media is instrumental in defining what we think, how we look and our social place and issues in the society. • The term mass media is defined as a means of communication that operates on a large scale, reaching and involving virtually everyone in the society to a greater or lesser degree. • Mass media has been influencing the social,cultural, economic, spiritual, political and religious aspects of society as well as personal level thinking, feeling and acting. • Media feed the people with the latest information and create the need for change in contemporary society.
  58. 58. • Media and Gender refers to the relationship between media and gender, and how gender is represented within media platforms. • Information is power. It is a source of knowledge. Modern age is the age of information. Information plays an important role in each and every sphere of life. • We are living in an age of information revolution. Newspapers, radio and television are all well-known resources for getting information. Participation and influence of women in the media • Numbers of women in media profession, such as journalism, is growing; however, the media is and has been statistically dominated by men, who hold the vast majority of power positions. Studies show that men are more likely to be quoted than women in the media, and more likely to cover “serious” topics. • For example, women’s presence on radio is typically hired to cover topics such as weather and culture.
  59. 59. • The level of participation and influence of women in the media also has implications for media content: female media professionals are more likely to reflect other women’s needs and perspectives than their male colleagues. It is important to acknowledge, however, that not all women working in the media will be gender aware and prone to cover women’s needs and perspectives; and it is not impossible for men to effectively cover gender issues. • In cinema there is concern about the low number of female directors and the difficulties of older actresses to find roles. They also earn 2.5 times lesser income than men in the same jobs. • A survey conducted by Stacy Smith of the University Of Southern California shows that only 7% of directors, 13% of writers and 20% of producers in film and television are women. • However, increasing numbers of women work in the media as journalist or directors. Therefore, they deal with the topics closely related to women’s need and tend to provide a positive role for women.
  60. 60. Media content and portrayal of men and women in the media • Fair gender portrayal in the media should be a professional and ethical aspiration, similar to respect for accuracy, fairness and honesty • Stereotypes are also prevalent in every day media. Women are often portrayed solely as homemakers and carers of the family, dependent on men, or as objects of male attention. Stories by female reporters are more likely to challenge stereotypes than those filed by male reporters (Gallagher et al., 2010). As such, there is a link between the participation of women in the media and improvements in the representation of women. • Men are also subjected to stereotyping in the media. They are typically characterised as powerful and dominant. There is little room for alternative visions of masculinity. The media tends to demean men in caring or domestic roles, or those who oppose violence. Such portrayals can influence perceptions in terms of what society may expect from men and women, but also what they may expect from themselves. They promote an unbalanced vision of the roles of women and men in society.
  61. 61. SEXUALIZATION • The western ideal of female beauty is that of the fit, young and thin women, and the media spreads this ideal through movies, TV shows, fashion shows, advertisements, magazines and newspapers, music videos, and children’s cartoons. For women to be considered attractive, they have to conform to images in advertisements, television, and music portraying the ideal women as tall, white, thin, with a ‘tubular’ body and blonde hair. • Studies show that a typical female roles fall into cultural stereotypes of women and are often sexualized with minimal clothing and sexualized roles. • The objectification of women in the media is transmitted verbally and nonverbally, as well as directly and indirectly, and it is not only visual but can also be expressed subtly by commenting on women’s appearance in a humorous way, making jokes and gags, and using double meanings. • Some shows focused entirely on successful professional women and their “quests for sex, pleasure and romantic love”, such as Ally McBeal (1997-2002) and Sex and the city (1998-2004). Even if the main character in Ally McBeal was portrayed as desperate to find a husband, the show had other non-stereotypical female characters and “ sided with the women”. •
  62. 62. DOMESTICATION • On TV, marriage, parenthood,domesticity have been shown as more important to women than men. From the mid-1940s to the 1960s, women (predominantly white, middle-class women) were portrayed mostly as housewives who had seemingly “perfect” lives: their houses were always impeccably clean, their children were always healthy, and they were always beautiful and organized. • Men are portrayed as more as assertive or aggressive, adventurous, active, and victorious, whilst women are shown as passive, weak, ineffectual, victimized, supportive, and laughable. AGE GAP • While 40+ male roles are on the rise in both theatrical and television productions, female 40+ roles represent only 28% of female roles.
  63. 63. • Thus the manipulative role and the class and gender bias of media is essential to be challenged. • Women must create alternatives in different media and use them to inform and empower women, to get women out of their isolation. • We must make ourselves more visible and audible so that our concerns do not remain unarticulated and unattended. • Not only must women create alternative methods of working together; methods which are more democratic and participatory and which break the divide between ‘media makers’ and ‘’media takers’. • It is heartening to see many women making feminist films, publishing magazines, writing plays, songs, children’s poems, etc., to express themselves and to initiate a dialogue with other women, to challenge stereotypes and myths. • The struggle is long and complex as the patriarchal society is very strong.
  64. 64. Socio Legal dimensions of Third Gender • Transgender is an umbrella term for people whose gender identity, gender expression or conduct does no longer conform to that generally related to sex to which they had been assigned at beginning. • Throughout our lives we have been told that Sex and Gender are synonymous. Men are Masculine and Women are Feminine. • The group of people who fall outside the stereotypical spheres of Gender are branded as Transgender Persons. • Transgender people have existed in every culture, race, and class since the story of human life has been recorded. The contemporary term ‘transgender’ arose in the mid-1990s from the grassroots community of gender-different people. •
  65. 65. • Transgender is not a term limited to persons whose genitals are intermixed but it is a blanket term of people whose gender expression, identity or behavior differs from the norms expected from their birth sex. Various transgender identities fall under this category including transgender male, transgender female, male-to-female (MTF) and female to male(FTM). It also includes cross-dressers (those who wear clothes of the other), gender queer people (they feel they belonged to either both genders or neither gender) and transsexuals.
  66. 66. Problem Faced by the Transgender • The main problems that are being faced by the transgender community are of discrimination, unemployment, lack of educational facilities, homelessness, lack of medical facilities: like HIV care and hygiene, depression, hormone pill abuse, tobacco and alcohol abuse, penectomy, and problems related to marriage and adoption. • In the Present Scenario, the problems faced by the Transgender in India can be categorized into three 1. Exclusion from Social and Cultural Participation 2. Exclusion from Economy 3. Exclusion from Citizen Participation: • Poverty • Illiteracy • Discrimination and Ignorance • Suicide • Prone to HIV • Alcohol and Drug Usage
  67. 67. • Most families do not accept if their male child starts behaving in ways that are considered feminine or inappropriate to the expected gender role. Consequently, family members may threaten, scold or even assault their son/sibling from behaving or dressing-up like a girl or woman. Some parents may outright disown and evict their own child for crossing the prescribed gender norms of the society and for not fulfilling the roles expected from a male child. Parents may provide several reasons for doing so: bringing disgrace and shame to the family; diminished chances of their child getting married to a woman in the future and thus end of their generation (if they have only one male child); and perceived inability on the part of their child to take care of the family. • Thus, later transgender women may find it difficult even to claim their share of the property or inherit what would be lawfully theirs. Sometimes, the child or teenager may decide to run away from the family not able to tolerate the discrimination or not wanting to bring shame to one's family.
  68. 68. • Some of them may eventually find their way to Hijra communities. This means many Hijras are not educated or uneducated and consequently find it difficult to get jobs. Moreover, it is hard to find people who employ Hijras/TG people. Some members of the society ridicule gender-variant people for being 'different' and they may even be hostile. Even from police, they face physical and verbal abuse, forced sex, extortion of money and materials; and arrests on false allegations. Absence of protection from police means ruffians find Hijras/TG people as easy targets for extorting money and as sexual objects. A 2007 study documented that in the past one year, the percentage of those MSM and Hijras who reported: forced sex is 46%; physical abuse is 44%; verbal abuse is 56%; blackmail for money is 31%; and threat to life is 24%.
  69. 69. Rights Granted under Indian Law to Transgenders • The rule of law is supreme and everyone is equal in the eyes of law in India. Yet, the transgender community is in a constant battle as they have to fight oppression, abuse and discrimination from every part of the society, whether it’s their own family and friends or society at large. The life of transgender people is a daily battle as there is no acceptance anywhere and they are ostracized from the society and also ridiculed. • Preamble to the Constitution mandates Justice - social, economic, and political equality of status. Articles to be Discussed: • Article 14 • Article 15 • Article 19 • Article 21 • Article 51 •
  70. 70. • In April, 2014, Supreme Court in its landmark judgment of NALSA v. Union of India (hereinafter the NALSA judgment) ushered in the recognition of various civil and political rights of the transgender community. The genesis of this recognition lies in the acknowledgment of equal worth of every person and the right of choice given to an individual which is the inseparable part of human rights. • The Supreme Court of India in its pioneering judgment by the division bench of Justices K.S. Radhakrishnan and A.K. Sikri in National Legal Services Authority v. Union of India & Ors. [Writ Petition (Civil) No.400 of 2012(NALSA)] recognized the third gender along with the male and female. By recognizing diverse gender identities, the Court has busted the dual gender structure of ‘man’ and ‘woman’ which is recognized by the society. • “Recognition of Transgenders as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan told the Supreme Court while handing down the ruling.
  71. 71. • The Indian Supreme Court’s declaration that transgender individuals are a Third Gender under the constitution and recent legislation has significantly furthered recognition and rights for transgender individuals. • One of the basic tenets of the equality scheme lies in the recognition and acknowledgement of the ‘right of choice and self-determination’. Determination of the gender to which a person belongs and relates is intrinsic to their right of self- determination and their dignity. • This judgment covers persons who want to identify with the third gender as well as persons who want to transition from one identity to another, i.e. to male to female or vice versa. The Court has directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third gender. • Legal Recognition for Third Gender • Legal Recognition for people transitioning within male/female binary: • Public Health and Sanitation • Socio-Economic Rights • Stigma and Public Awareness
  72. 72. Violation of Human Rights • The transgender community faces stigma and discrimination and therefore has fewer opportunities as compared to others. They are hardly educated as they are nor accepted by the society and therefore do not receive proper schooling. Even if they are enrolled in an educational institute, they face harassment and are bullied every day and are asked to leave the school or they drop out on their own. It is because of this that they take up begging and sex work. • Seldom does a skilled individual from this community get into formal employment due to the policy of hiring only from either the male or female gender. Even if they do, they are ridiculed and ostracized and hence forced to leave their jobs. • They are forced into sex work which puts them at the highest risk of contracting HIV as they agree to unprotected sexual intercourse because they fear rejection or they want to affirm their gender through sex. They are viewed as ‘vectors’ of HIV in the society. Other sexually transmitted infections such as rectal gonorrhea, syphilis, rectal Chlamydia, etc., add to the risk of HIV
  73. 73. • Immoral Traffic Prevention Act of 1956 which was amended in 1986 has become a gender neutral legislation. The domain of the Act now applies to both male and female sex workers along with those whose gender identity was indeterminate. With the amendment both the male and hijra sex workers became criminal subjects as this gives the police the legal basis for arrest and intimidation of the transgender sex workers. CASE STUDIES • Laxmi Narayan Tripathy, a Hijra, explained her trauma as growing up as a child, “I felt different from the boys (as I was born as a boy) of my age and was feminine in my ways. On account of her femininity, from an early age, I faced repeated sexual harassment, molestation and sexual abuse, both within and outside the family. Due to my being different, I was isolated and had no one to talk to or express my feelings while I was coming to terms with my identity. I was constantly abused by everyone as a ‘chakka’ and ‘hijra’.” • Later, she joined the hijra community is Mumbai as she identified with other Hijras and for the first time in her life, she felt at home.
  74. 74. • Siddarth Narrain, an eunuch, has similar things to say. He expresses his feelings as when, “I was in the 10th standard I realized that the only way for me to be comfortable was to join the hijra community. It was then that my family found out that I frequently met hijras who lived in the city. One day, when my father was away, my brother, encouraged by my mother, started beating me with a cricket bat. I locked myself in a room to escape from the beatings. My mother and brother then tried to break into the room to beat me up further. Some of my relatives intervened and brought me out of the room.”
  75. 75. Right of Transgender Persons Bill, 2014 • The Bill was introduced in Rajya Sabha on 12th December, 2014 which is passed on 24thApril, 2015 unanimously, with cross-party support. This was a private member’s bill introduced by the MP from Tamil Nadu, Tiruchi Siva. 24th April is celebrated as Transgender day following the passage of the Bill in the Rajya Sabha. • The rights guaranteed under the Bill are mostly substantive rights such as the right to equality and non-discrimination, life and personal liberty, free speech, to live in a community, integrity, along with protection from torture or cruelty and abuse, violence and exploitation. There is a separate clause for transgender children. • Education, employment and social security and health are also covered under the Bill. The chapter on education makes it mandatory for the Government to provide inclusive education for transgender students and provide adult education to them. •
  76. 76. The Transgender Persons ( Protection of Rights) Bill 2016 • It was introduced in Lok Sabha on 2, August 2016 by the Minister of Social Justice and Empowerment. The Bill provides: • Definition of Transgender • Recognition of Gender Identity • Certificate of Indentity • Welfare Measures • Right of Residence • Right to Education • Health Care Facilities
  77. 77. The Transgender Persons (Protection of Rights) Act,2019 (the ‘Act’). • Non-recognition of the Third Gender in the Indian legal framework has resulted in systematic denial of equal protection of law and widespread socio-economic discrimination in society at large as well as in Indian workplaces. In the wake of the Nalsa Judgment, the Indian parliament recently enacted the Transgender Persons (Protection of Rights) Act,2019 (the ‘Act’). • ‘Transgender’ as defined in the Act, refers to and includes all individuals whose gender does not conform or match with the gender assigned to them at birth and includes trans-man and trans-woman (whether or not they have undergone sex reassignment surgery (‘SRS’) and individuals with socio-cultural identities such as ‘kinner’, ‘hijra’, ‘aravani’ and ‘jogta’.
  78. 78. • The obligations included in the Bill take the form of guarantees (from Chapter II to Chapter VIII). They include the following. • Prohibition of discrimination against Transgender individuals • Recognition of identity • Welfare measures • Rehabilitation and right of residence • National Council for Transgender Persons • Inclusivity in the workplace
  79. 79. TOPIC: EMERGING TRENDS WITH RESPECT TO LGBT COMMUNITY
  80. 80. LGBT Community • The phrase “lesbian, gay, bisexual, and transgender community” (or “LGBT community”) refers to a broad coalition of groups that are diverse with respect to gender, sexual orientation, race/ethnicity, and socioeconomic status. • Lesbians, gay men, and bisexual men and women are defined according to their sexual orientation, which is typically conceptualized in terms of sexual attraction, behavior, identity, or some combination of these dimensions. • They share the fact that their sexual orientation is not exclusively heterosexual. Yet this grouping of “non heterosexuals” includes men and women; homosexual and bisexual individuals; people who label themselves as gay, lesbian, or bisexual, among other terms; and people who do not adopt such labels but nevertheless experience same-sex attraction or engage in same-sex sexual behavior.
  81. 81. • In contrast to lesbians, gay men, and bisexual men and women, transgender people are defined according to their gender identity and presentation. This group encompasses individuals whose gender identity differs from the sex originally assigned to them at birth or whose gender expression varies significantly from what is traditionally associated with or typical for that sex (i.e., people identified as male at birth who subsequently identify as female, and people identified as female at birth who later identify as male), as well as other individuals who vary from or reject traditional cultural conceptualizations of gender in terms of the male–female dichotomy. • The transgender population is diverse in gender identity, expression, and sexual orientation. Some transgender individuals have undergone medical interventions to alter their sexual anatomy and physiology, others wish to have such procedures in the future, and still others do not. • Transgender people can be heterosexual, homosexual, or bisexual in their sexual orientation. Some lesbians, gay men, and bisexuals are transgender; most are not.
  82. 82. • The idea of human rights is the most common issue around the world that encapsulates human dignity. The very idea of human rights lies in the concept of ‘humans should be treated as equal and anything that undermines it is the violation of the principle of equality’. Under the articles of 14 and 21, the Indian constitution rightly mentioned equality before the law and equal protection of the law for all. • The preamble of the constitution also mandates justice such as social, economic, and political equality of status -- for all. Earlier in 2014, Apex Court ruled that the rights and freedoms of transgender people in India were protected under the Constitution. • Also, the court has decriminalized adult consensual same-sex relationships in the Section 377 judgment review. • These judgments are considered a landmark both in terms of their expansive reading of constitutional rights and in empowering LGBT persons. Both judgments mark an important moment for the rights of LGBT. But as per the various critics, there is a huge gap in implementing a program for the LGBT community in India that paves the way for discrimination.
  83. 83. Difficulties Faced by LGBT Community: The LGBT face innumerable difficulties in the society where the only accepted orientation is heterosexuality and homosexuality is regarded as abnormal. • Heterosexuality: They are more likely to experience intolerance, discrimination, harassment, and threat of violence due to their sexual orientation than those that identify themselves as heterosexual. • In-equality & Violence: They face inequality and violence at every place around the world. They face torture from people who mock at them and make them realize that they are different from others. • Deprived in Rights: In many countries, the rights enjoyed by opposite-sex couples are not enjoyed by same-sex couples. They are prohibited from those rights. • Isolation from society: They gradually develop low self-esteem and low self- confidence and become isolated from friends and family.
  84. 84. • Conflict in Family itself: Lack of communication between LGBT children and the parents often leads to conflict in the family. Many LGBT youths are placed in foster care or end up in juvenile detention or on the streets. • Racial Discrimination: Additionally, lesbian, gay, bisexual and transgender people face poverty and racism daily. They suffer from social and economic inequalities due to continuous discrimination in the workplace. • Tape of Addictions: These people mostly get addicted to drugs, alcohol, and tobacco to get themselves relieved of stress and rejection and discrimination. • Victims of Hate Crimes: They also become victims of hate crimes. In some countries, homosexuality is regarded as a crime. It is illegal and is often met by imprisonment and fines.
  85. 85. Exclusion and discrimination have more impact on the lives of LGBT persons. This has resulted in the following: • Dropping out of school earlier • Leaving home and family • Being ignored in the community • Lacking family support • Attempt suicide
  86. 86. International Developments for LGBT Community • India: In a historic judgment, the Supreme Court of India ruled that consensual adult gay sex is not a crime saying sexual orientation is natural and human beings have no control over it. • Ireland: Ireland legalized same-sex marriage. The country, which had decriminalized homosexuality in 1993, became the first country to allow same- sex marriage at a national level by popular vote. • USA: US Supreme Court ruled that same-sex marriage was legal. • Nepal: Nepal legalized homosexuality in 2007 and the new Constitution of the country to gives many rights to the LGBT community.
  87. 87. Recent Rising Issues for India: Gap for Policy Implementation The Indian government has successfully leaped ahead of section 377 which had imposed by the British on the people of India. As section 377 removed, but there is a wide gap in implementing a policy for the LGBT community and make a better environment for them. Right now, they are facing many issues that are underline in the below section: • Issue of Family: The problem of sexual orientation and gender identity leads to fighting and family disruption. Lack of communication and misunderstanding between parents and their LGBT children increases family conflict. • Issue of Discrimination still prevails in Work Place: LGBT suffers from the socio- economic inequalities in large part due to discrimination in the workplace. • Issue of Injustice: Human rights and fundamental rights are applicable to all person, but the state is failed to create special legislation which protects the rights of LGBT Minority community and to provide real justice to them. • Issue of Khap Panchayat: The consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into wedlock while holding that any attempt by Khap Panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”.
  88. 88. Socio-Legal Dimensions of Prostitution and Trafficking • Trafficking is a organized crime which violates all tenets of human dignity and rights. Trafficking can occur for various purposes--labour, commercial sexual exploitation, organ trade etc. Trafficking is a centre and State subject • Poverty, illiteracy, lack of livelihood options, natural/man made disasters makes a person vulnerable to trafficking. India faces both In-country and Cross Border trafficking. • Estimate place number of sex workers in country at 3 million of which 40 percent are children. • 90% or more estimated as in-country and 5 to 10% to cross-border trafficking, reported mainly from Bangladesh and Nepal. • Also, there are reports that people from India are being trafficked to Middle Eastern countries for domestic help, manual labour, child marriages etc.
  89. 89. 89 Constitutional Provisions on Trafficking Trafficking in Human Beings or Persons is prohibited under the Constitution of India. The specific provisions relates to Article 23 (1) of the Constitution which is as follows:- 'Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law'.
  90. 90. 90 International Legal Instruments  Convention on the Rights of the Child (CRC) and its Optional Protocols (Sale of Children, Child Prostitution and Child Pornography) [Ratified]  Convention on Elimination of all forms of Discrimination against Women (CEDAW) [Ratified]  UN Convention Against Transnational Organized Crime [Signed]  Protocol to Prevent, Suppress and Punish Trafficking in Persons, Esplly. Women and Children supplementing above Convention [Signed] • Millennium Development Goals (MDGs).
  91. 91. 91 SAARC • SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution [Ratified]. • SAARC Convention on Regional Arrangements for Promotion of Child Welfare in South Asia [Ratified]. • SAARC Charter where trafficking issues to be addressed at regional level
  92. 92. 92 National Legal Framework • Immoral Traffic Prevention Act, 1956 • Indian Penal Code • Juvenile Justice ( Care and Protection of Children) Act 2000 • Child Marriage Prohibition Act 2006
  93. 93. 93 National Policies and Plans • National Child Labour Policy, 1987 • National Policy for the Empowerment of Women, 2001 • National Plan of Action to combat trafficking and commercial sexual exploitation of women and children (1998) • National Plan of Action for Children, 2004 • Integrated National Plan of Action to Prevent and Combat Trafficking of Human Beings, with Special focus on Women and Children (being formulated)—will look at trafficking for all purposes
  94. 94. 94 Commissions • National Commission for Human Rights. • National Commission for Women. • Nation Commission for Protection of Child Rights.
  95. 95. 95 Amendments to Immoral Traffic Prevention Act, 1956 To protect the victim:- • New section where Trafficking is defined • Age of child raised from sixteen years to eighteen year. • Deletion of Sections which re-victimized the victims. • In-Camera proceedings in court cases to safeguard privacy of victims. • New Section 5B which provides punishment for trafficking in persons • Enhancement of punishment to traffickers, brothel keepers, pimps etc. • If the trafficked victim is a child the punishment can extend to life. • New section for punishment for a persons who visits brothel for sexual exploitation.
  96. 96. 96 Institutional Mechanism:- • Setting up of a Central Nodal Authority in the centre and State nodal authorities in the States for preventing and combating offence of trafficking. • Its Functions include : • Coordination • Investigation • Rescue and rehabilitation • Judicial support • Cooperation and research training
  97. 97. 97 Need for demand reduction • Justification for new Section 5C which provides Punishment for Visiting Brothel and thus reduces demand . • ITPA is an Act against Trafficking which is an organized crime. • Growing demand for children even as young as 2 years old • Poverty and social compulsions t push women and girls to prostitution • In spite of NACO promoting condom use in brothels, clients infected by HIV/and pass it to their partners. • Countries like Sweden, USA, UK ,Indonesia have provisions for demand to be penalized
  98. 98. THANK YOU

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