Gender equality, also known as sex equality, gender egalitarianism, sexual equality, or equality of the genders, is the view that everyone should receive equal treatment and not be discriminated against based on their gender. This is one of the objectives of the United Nations Universal Declaration of Human Rights, which seeks to create equality in law and in social situations, such as in democratic activities and securing equal pay for equal work. The Constitution of India, under Part III and other provisions, envisages a framework for gender equality in India.

In Maya Devi [(1986) 1 SCR 743], the requirement that a married woman should obtain her husband’s consent before applying for public employment was held invalid and unconstitutional. The Court observed that such a requirement is an anachronistic obstacle to women’s equality.

In Mrs. Neera Mathur v. Life Insurance Corporation of India and Anr. [(1992) 1 SCC 286], a female candidate was required to furnish information about her menstrual period, last date of menstruation, pregnancy and miscarriage. The Court declared that calling of such information are indeed embarrassing if not humiliating. The Court directed that the employer i.e. Life Insurance Corporation would do well to delete such columns in the declaration.

In Valsamma Paul (Mrs) v. Cochin University [(1996) 3 SCC 545], a two-Judge Bench observed thus:

Human rights are derived from the dignity and worth inherent in the human person. Human rights and fundamental freedoms have been reiterated in the Universal Declaration of Human Rights. Democracy, development and respect for human rights and fundamental freedoms are interdependent and have mutual reinforcement. The human rights for women, including girl child are, therefore, inalienable, integral and an indivisible part of universal human rights. The full development of personality and fundamental freedoms and equal participation by women in political, social, economic and cultural life are concomitants for national development, social and family stability and growth–cultural, social and economical. All forms of discrimination on grounds of gender are violative of fundamental freedoms and human rights. Convention for Elimination of all forms of Discrimination Against Women (for short, “CEDAW”) was ratified by the UNO on 18-12-1979 and the Government of India had ratified as an active participant on 19-6-1993 acceded to CEDAW and reiterated that discrimination against women violates the principles of equality of rights and respect for human dignity and it is an obstacle to the participation on equal terms with men in the political, social, economic and cultural life of their country; it hampers the growth of the personality from society and family, making more difficult for the full development of potentialities of women in the service of the respective countries and of humanity.

The Court in the case of Vishaka and Ors. v. State of Rajasthan and Ors. [(1997) 6 SCC 241], has referred to the 1993 Convention and framed certain guidelines regard being had to the sexual harassment at work places. In Vishaka case, a three-Judge Bench has observed that with the increasing awareness and emphasis on gender justice, there is increase in the effort to guard against such violations and in the present case the discrimination which is founded on the basis of gender deserves to be lancinated.

Conclusion:

The principle of the equal rights of women and men is contained in the Charter of the United Nations, the Universal Declaration of Human Rights and all subsequent major international human rights instruments. It is most comprehensively elaborated in the Convention on the Elimination of All Forms of Discrimination against Women, which codifies women’s rights to non-discrimination on the basis of sex, and equality as self-standing norms in international law. It also establishes that women and men are entitled, on a basis of equality, to the enjoyment and exercise of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and thus moves beyond the two Covenants by incorporating both families of rights in one instrument, establishing them as mutually reinforcing.

According to the Constitution of India, both men and women are equal in the eyes of the laws and hence they have equal rights. But, unfortunately, legal & political bias has prevented the law to attain the success of equality in gender.