Gender Sensitization through prism of law - by Mr. Rupesh Mittal Pointing on various issues related to gender and laws in India related to it.

1. Gender Sensitization
Through Prism of Law
Rupesh Mittal
Founder Director : Cyber Jagrithi and Safety Foundation
Cyber Consultant
ChangeMaker fellow at Rubaroo Hyderabad
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2. Gender vs Sex
Let’s understand the terms with a perspective.
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3. Definition: SEX
In general terms, "sex" refers to the biological differences between males
and females, such as the genitalia and genetic differences. And hence, are
anatomical and physiological.
However, there is another category called “Intersex”. Generally, this term is
used for a variety of conditions in which a person is born with a reproductive
or sexual anatomy that doesn’t seem to fit the typical definitions of female
or male.
For example, a person might be born appearing to be female on the outside,
but having mostly male-typical anatomy on the inside
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4. Definition: GENDER
A working definition of gender: People are born female or male, but
they learn to be girls and boys who grow into women and men.
They are taught what the appropriate behaviour and attitudes, roles
and activities are for them, and how they should relate to other people.
This learned behaviour is what makes up gender identity, and
determines gender roles.
Gender refers to the learnt roles, norms and expectations on the basis
of one’s sex.
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5. Definition: GENDER cont.
It is a sociocultural definition of a boy and a girl, of a man and a
woman.
Not only their responsibilities are set by the society but also
norms/values, dress codes, attitudes, opportunities, rights, mobility,
freedom of expression, priorities and even dreams are determined by
the society (Bhasin Kamala).
It varies from society to society and can be changed.
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6. Key message:
• Gender and sex are two different concepts with different meanings.
• Sex is biologically determined. Innate, unchangeable (unless changed
with Intense surgical intervention) and universal.
• Gender is a social construct, learnt, dynamic and changeable and
differs within and between cultures.
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7. Social Construction of Gender
We are often told that boys and girls are different.
They play different roles in society and have to learn different things at home and society.
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8. Some people say that a Girl is one who has long hair
• But, here is someone with long
hair
• And He is a Boy
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Joseph Jason Namakaeha Momoa is an American actor
and model. He is best known for portraying Arthur
Curry / Aquaman in the DC

9. Some people say those who wear jewellery are girls
• But then, here is someone who
also wears jewellery
• And He is a Boy…..
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Sunny Waghchaure is an Indian business tycoon and
entrepreneur.
But, actually, he is famous for being known as ‘The
Golden Man of Pune’.

10. Some people say that boys are those that wear shorts
and climb trees
• But then, here is someone who also wears
shorts and can climb trees very quickly
• And She is a Girl…..
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Source Internet

11. Some people think that the girls’ duty is to help
mother in housework – cook and clean
• But I know someone who helps his
mother in cleaning and buying vegetables
• And He is a Boy…..
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Karanvir Bohra, also known as Manoj Bohra, is an
Indian television and film actor, producer and designer.
He starred in the TV shows Kasautii Zindagii Kay, Dil Se
Di Dua...

12. Some people say that Mothers work all day With no
rest even on Sunday
• But we do know of Fathers who make hot
cups of tea While Mothers rest and
children study.
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Source Internet

13. Key Points
The fact is:
• Girls are no less than boys
• In singing songs or flying kites,
• In climbing heights or lifting weights
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• Having a girl’s body does not teach one to do household work or care for others
• Having a boy’s body does not ensure that they will be fearless, intelligent and strong
• These qualities are learnt and taught to us at different stages in our lives within the family,
schools, community, and so on.
• It is one’s upbringing that determines how one grows, what one becomes.
Now do you agree that boys and girls can both
do the same things in life?
Gender inequalities are learned
through education at various
levels including the family, school,
religions, society and the wider
community level

14. Gender stereotype: Tick the correct answer
1. Girls should be obedient and cute, are allowed to cry (True/False)
2. Boys are expected to be brave and not cry (True/False)
3. Women are better housekeepers and men are better with machines (True/False),
4. Boys are better at mathematics and girls more suited to nursing (True/False)
5. Women are generally expected to dress in typically feminine ways (True/False)
6. Women are to be polite, accommodative, and nurturing.(True/False)
7. Men are generally expected to be strong, aggressive, and bold(True/False)
8. Women are bad drivers (True/False)
9. Men can’t change diapers (True/False)
10. Women are better caregivers (True/False)
11. Men are stronger (True/False)
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15. Laws in India
With reference to Gender Equality
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16. • 1829- Sati Ban: A regulation for declaring the practice of sati, or of burning or burying alive the widows of Hindus, illegal, and punishable by the criminal
courts, passed by the governor-general in council on 4 December 1829,
• Article 14- Equality before law : which states that everybody should be treated equally in the eyes of law as well as in the societal norms irrespective of
caste, religion and gender etc.
• Article15- Prohibition of discrimination : which states that there should be reservation for women or girls in every institution or even in parliament for
their betterment.
• Article 15 (3) – which states Govt. can make special provision for women and children
• Article 16- Prohibition of discrimination: which states There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.
• Article 21- deals with Protection of life and personal liberty : right to life as there are several deaths of women in our country because of dowry system,
female infanticide and many other reason.
• Article 23: deals with the prohibition of traffic in human beings and forced labour
• Article 24: deals with prohibition of employment of children in factories, etc.
• Article 25-28: Right to Freedom of Religion: being a secular nation gives every citizen the right to follow the religion he believes in.
• Article 39: which states that the citizens, men and women equally, have the right to an adequate means to livelihood.
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17. LEGISLATIVE ATTEMPTS POST 1950
• Child Marriage
• Immoral Trafficking
• Women's Right to Property
• Medical Termination of Pregnancy
• Prenatal Tests
• Dowry Laws
• Family Courts
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18. Most significant Amendment made
• 1972: The Indian Evidence Act Section113B.
[presumption as to dowry death] When the question is whether a person has committed the dowry death of a woman and it
is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in
connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 304B, of the Indian
Penal Code, (45 of 1860).]
• 1983: Criminal Law second Amendment Act, Section 498A :
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished
with imprisonment for a term which may extend to three years and shall also be liable to fine.[3] The offense committed
under Section 498A is cognizable, non-compoundable, and non-bailable.
• 2010: Sec 41a Cr. PC [no automatic arrest on complaint u/s 498A ]
• 2012: Supreme Court dictate on 41A
(https://main.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_24-Aug-2017.pdf)
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19. The Companies Act, 2013
• Castes upon the Employer/Head of an Institution
• Responsibility to Cleanse the Prevalent System
• Increase Social awareness
• Encourage the Victim to SPEAK UP
• Set in place a Prevention, Prohibition & Redressal System
The Internal Complaints Committee has been made is mandatory in all Workplaces
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20. THANK YOU
Rupesh Mittal
Founder Director : Cyber Jagrithi and Safety Foundation
Cyber Consultant
ChangeMaker fellow at Rubaroo Hyderabad
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