In the enigmatic folds of India, the world’s largest democracy lies a complex paradox that both bewilders and fascinates social scientists and scholars alike the dichotomy of Indian womanhood. Though the Indian Constitution aims through legal provisions to establish a just society where all people, regardless of sex, experience equal treatment and opportunity, fully attaining this objective has proven difficult as discrimination and disparity still persist in everyday life. However, entrenched socio-cultural standards and customs that have been firmly established in society serve to reinforce gender disparities, resulting in sharp differences between the lives of Indian women as prescribed in principle versus how they are lived in practical experience. This research paper aims to delve into the fundamental dichotomy of gender relations, where constitutional rights and social realities often clash. By critically analysing the intricate societal, political, and cultural factors that contribute to this divide, our core objective is to unravel this intriguing mystery through rigorous examination and inquiry. By carefully scrutinizing reliable sources like peer-reviewed journals, esteemed texts, and gender-differentiated numerical data, this work aims to illuminate the contradictory character of the Indian female experience a circumstance of being both equivalent and inequivalent simultaneously. While progressive laws protecting women from domestic violence and dowry exist in parallel to harmful customs continuing child marriage and dowry demands, our intention is to underscore the conflicting realities confronting Indian women each day. The lack of a nuanced appreciation for the multifaceted societal dynamics driving gender inequality in India highlights the pressing importance of developing a thorough and multidimensional comprehension of the intricacies underlying such disparities. Though dismantling patriarchal systems proves paramount, critically inspecting society’s firmly entrenched preconceptions that foster an atmosphere enabling gender disparity and prejudice towards women remains equally vital.
India’s constitution and legal framework are designed to systematically dismantle the deep-seated social prejudices that fuel gender disparity. They include numerous clauses that ensure equal treatment under the law for all residents, particularly females, with the ambitious goal of eradicating customary norms of inequality over time. Article 14 of the Indian Constitution ensures that all citizens, regardless of attributes, are assured equal treatment under legislation and equal rights to safeguarding by the governing authorities[1]. Furthermore, Article 15 forbids prejudice grounded in religion, lineage, caste, sex, or location of birth, while subsection 3 of an identical article authorizes the administration to formulate particular provisions for females and juveniles. While Article 39(d) calls for equal pay for equal work regardless of gender, Article 42 obliges the State to guarantee workplaces uphold basic standards of decency through fair treatment and relief for new mothers, as both provisions aim to apply these principles of dignity to the employment realm[2]. Additional legislation, such as the Prohibition of Child Marriage Act 2006, underscores women’s rights and protects them from harmful socio-cultural practices[3]. While constitutional assurances exist for women’s rights, in practice these protections frequently fail to fully materialize due to real world impediments. For instance, the Global Gender Gap Report 2020 highlights a concerning lack of women’s participation in the societal and political spheres according to its ranking of India at 112th in terms of educational attainment. This gap is primarily attributed to societal mindsets that hinder women from asserting their rights. The stark contrast between constitutional rights and lived reality exposes the existing disparity in Indian society and necessitates immediate attention to truly achieve the ideal of an egalitarian society.
Furthermore, societal and cultural norms play a significant role in the observed dichotomy of Indian womanhood. A survey conducted between late 2019 and early 2020 revealed that 61% of Indian women believed that wives should always obey their husbands, indicating deeply ingrained traditional gender attitudes[4]. Attitudes endorsing gender inequality have been linked to serious offences against women, including sex-selective abortions, incidents related to dowry disputes resulting in fatalities, domestic violence perpetrated by intimate partners, honour killings, forced abductions, and instances of sexual assault[5]. While roughly a quarter of Indians still view substantial discrimination against females in their nation, bringing to light the huge difficulties confronted by women in India, equally in the societal demands placed upon them as well as imbalances in the possibilities afforded[6]. Throughout ancient India’s long and storied past, females were customarily granted equivalent standing as their male counterparts and took on meaningful duties within their societies, showcasing the esteem they commonly received. However, over time, prescribed conventions and customs have confined women to limited roles, resulting in an inequitable perception of the two genders within society. This is further perpetuated by social stereotypes that portray women as intuitive decision-makers, influenced by deeply embedded cultural values[7]. This conflicting dynamic, wherein women are simultaneously respected and discriminated against, underscores the paradox of Indian womanhood. The discrimination faced by women in rural and urban areas, as revealed in Oxfam’s India Discrimination Report 2022, is particularly prevalent among Christians in India and contributes to employment inequality. Although advances toward gender equality have occurred, prejudice against women persists pervasively, permeating every level of Indian society. Gaining a better understanding of and addressing these societal norms and cultural values is crucial to bridging the gap and resolving the dichotomy of Indian womanhood.
The stark contrast between the constitutional guarantees governing women’s rights in India and the ground realities indicates a societal discordance that demands attention. The government has implemented legal protections to empower women, but the harsh realities revealed by numerical analyses continue to show a bleak situation. Let’s first reflect on literacy rates. While India has progressed, the most recent statistics demonstrate that nearly a fourth of all grownups still can’t read as the national literacy rate has merely climbed to 73%, signifying that much work still needs to be finished. While females comprise nearly half of India’s citizenry, over 300 million Indian women still lack basic literacy capabilities, as they overwhelmingly constitute the immense majority of all illiterate individuals within the nation’s borders according to recently released statistical findings[8]. Although general literacy among males hovers around 80%, the rate for females declines considerably to only about 64%, highlighting a notable difference between genders in educational attainment. This disparity in literacy rates directly affects employment, highlighting a significant gender gap. Additionally, mobile phone ownership among Indian women lags behind men by 15%. Having access to such devices could enhance technological familiarity and financial independence for many. Even more concerning is the fact that only 25% of adult women owned a smartphone in 2020, indicating lesser access to digital empowerment compared to men[9]. A close examination of troubling statistics regarding the gender wage gap reveals an unsettling portrait. Data from the International Labour Organization estimates India’s gender pay disparity at around 24.1% in 2013 underscores the far-reaching economic bias still facing women throughout the country at that time. Unfortunately, the glass ceiling in employment has yet to shatter, as women continue occupying disproportionately more lower-paying positions and significantly fewer higher-paying jobs, according to International Women’s Rights Action Watch Asia Pacific[10]. Lastly, instances of violence against women are distressing. The National Crime Records Bureau reports that India records a crime against women every minute, highlighting the contradiction of being equal yet unequal in the status of Indian womanhood[11].
Unravelling the complex tapestry of Indian womanhood forces us to confront the deeply ingrained dichotomy of equality and inequality. India’s constitution has steadfastly embodied a shining example worldwide in upholding the timeless principles of impartial equality in the universal human pursuit of just treatment for all people, irrespective of sex. However, the societal lens presents a starkly contrasting narrative, with a patriarchal society imposing outdated norms and attitudes that undermine the spirit of these constitutional guarantees[12]. Statistically, India exemplifies this paradox, with an increasing number of women participating in higher education but experiencing a decline in workforce participation[13]. Therefore, the status of Indian women remains an ironic blend of liberation and oppression, a contrast that must be reconciled to fully realize the freedoms enshrined in the constitution. Achieving true equality requires challenging and reshaping the societal norms that perpetuate gender inequality. Society must foster a culture of respect and equal opportunities, while the government should strengthen this transformation with laws that address gender-based discrimination with unwavering determination. Moreover, these laws should be accompanied by robust implementation mechanisms that meaningfully engage with marginalized groups and address the socio-cultural factors that hinder their effective enforcement[14]. Although the path towards equality faces numerous obstacles, a combination of social evolution and strong leadership may help dismantle the paradox of being “Equal in Law but Not in Life,” paving the way for a community where everyone shares equality.
[1] (https://www.india.gov.in/my-government/constitution-india/constitution-india-full-text).
[2] (https://indiacode.nic.in/bitstream/123456789/4210/1/COI-E-Final_1.pdf).
[3] (http://wcd.nic.in/child-marriage-prohibition-act-2006)
[4] (https://pewrsr.ch/3DhFfbm)
[5] (Jha 2014)
[6] (https://pewrsr.ch/3DhFfbm)
[7] (India Discrimination Report 2022)
[8] (https://www.statista.com/)
[9] (https://www.gsma.com/)
[10] (https://www.iwraw-ap.org/)
[11] (https://ncrb.gov.in/)
[12] (https://www.tandfonline.com/doi/abs/10.1080/09557571.2012.662644)
[13] (http://www.indiaspend.com/cover-story/indias-falling-women-workforce-population-a-red-alert-says-world-bank-report-36370)
[14] (https://www.cambridge.org/core/journals/nationalities-papers/article/abs/domestic-violence-legislation-in-india-the-complications-of-western-influence-in-the-indian-context/2BA7BAEE75DDD1861C5FE3B9D1A6B00F)
By- Rudraksh Gupta (Intern)