Introduction:

The issue of gender discrimination as described as ability to treat a people differently because
of their gender is prevalent in India especially in Rajasthan due to the high levels of patriarchy in
this region. Rajasthani women, especially those living in rural areas, face the problems of
social-cultural marginalization, lack of education, work and justice. This paper aims to look at
how and where gender discrimination originated in Rajasthan, what forms it takes, what the
legal position is, implementation of those laws, and what is being done to progress towards
achieving a more equal society.

A Few Laws:
1. The Constitution of India

● Article 14: Provides equality before the law and equal protection of the law for all
citizens, ensuring that both men and women have equal rights.
● Article 15(1): Prohibits discrimination by the state on grounds of religion, race, caste,
sex, or place of birth. This is fundamental in addressing gender discrimination.
● Article 15(3): Allows the state to make special provisions for women and children,
recognizing the need for affirmative action to address historical disadvantages.
● Article 16: Guarantees equality of opportunity in matters of public employment and
prohibits discrimination on various grounds, including gender.
● Article 39(a): Directs the state to ensure that men and women have the right to an
adequate means of livelihood.
● Article 42: Mandates that the state make provisions for just and humane conditions of
work and for maternity relief, recognizing the specific needs of women workers.

2. The Equal Remuneration Act, 1976

● This law ensures equal pay for equal work for both men and women and prohibits
discrimination in matters of employment, particularly in relation to wages. It aims to
bridge the gender wage gap and promote equal treatment in the workplace.

3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition,

and Redressal) Act, 2013

● This act, also known as the POSH Act, provides protection against sexual harassment
at the workplace for women and establishes a redressal mechanism. It was enacted
following the Supreme Court’s Vishaka Guidelines in 1997, which laid down procedures
for dealing with sexual harassment complaints.
 ● The act mandates that every workplace, public or private, must have an Internal
Complaints Committee (ICC) to address sexual harassment complaints.

4. The Protection of Women from Domestic Violence Act, 2005

● This law provides protection to women from domestic violence, which includes
physical, emotional, sexual, and economic abuse. It extends beyond just physical harm
to include any behavior that threatens a woman’s dignity or well-being.
● The act also grants women the right to reside in the shared household, and courts can
issue protection orders to prevent further abuse.

5. The Maternity Benefit Act, 1961 (Amended in 2017)

● This act provides maternity leave and benefits to women in the organized sector. Under
the amended law, women are entitled to 26 weeks of paid maternity leave for the first
two children and 12 weeks for subsequent children.
● The act also provides leave for adoptive and commissioning mothers and requires
establishments with more than 50 employees to provide creche facilities.

6. The Dowry Prohibition Act, 1961

● This law prohibits the giving or receiving of dowry in marriage and makes it a
punishable offense. Dowry, which often leads to harassment and violence against
women, is a deeply entrenched cultural practice in India, including in Rajasthan.
● The act penalizes both the demanding and giving of dowry, and it also allows women to
file complaints if they face harassment due to dowry demands.

7. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of

Sex Selection) Act, 1994 (PCPNDT Act)

● The PCPNDT Act was enacted to curb the practice of female foeticide by banning sex
determination during pregnancy. The law mandates that ultrasound and diagnostic
centers must not disclose the sex of the fetus and that violations are punishable by
imprisonment and fines.
● The law aims to address the uneven sex ratio caused by a preference for male children
and discriminatory practices against female fetuses.

8. The Hindu Succession Act, 1956 (Amended in 2005)

● This act governs the inheritance rights of Hindu women and was amended in 2005 to
grant equal rights to daughters in family property, treating them at par with sons.
Previously, daughters had limited inheritance rights, particularly in joint family property
(coparcenary property).
 ● The amendment was a significant step in addressing gender discrimination in inheritance
and property rights, ensuring that daughters can claim a share in the ancestral property.

9. The Prohibition of Child Marriage Act, 2006

● This law prohibits the marriage of girls under the age of 18 and boys under the age of
21. Child marriage is a widespread issue in Rajasthan, where cultural and traditional
practices often lead to the early marriage of girls, violating their rights.
● The act provides for penalties for those who perform or promote child marriages and
grants women the right to annul a child marriage up to two years after attaining
adulthood.

10. Indian Penal Code (IPC) and Criminal Laws

● Section 498A: Criminalizes cruelty by a husband or his family towards a wife,

particularly in relation to dowry harassment, mental or physical abuse, or coercion.
● Section 354: Deals with crimes related to assault or criminal force to outrage the
modesty of a woman.
● Section 375 & 376: Defines rape and prescribes punishment for it, with stringent
penalties for sexual violence against women.
● Section 509: Addresses the offense of using words, gestures, or acts intended to
insult the modesty of a woman.

11. The National Commission for Women Act, 1990

● This act established the National Commission for Women (NCW), a statutory body
responsible for addressing issues related to gender-based discrimination and ensuring
the legal and constitutional rights of women. The NCW reviews laws, recommends
amendments, and intervenes in cases of violations of women's rights.

Why these laws are not being implemented in

villages:
1. Patriarchal Prejudice and Traditional Culture:
Cultural Resistance: In many rural areas, the cultures and norms that fester power and control
in the hands of the male folks are still a founding reality, which makes women rank lower than
men. Cultures like child marriage, dowry system and gender based violence square measure
considered as perfectly okay despite being unlawful.
Caste and Honor System: In rural areas, the caste system and ‘Family Honor’ are so important
that whoever is not loyal to it cannot be active socially. The so-called honor killings and
limitations to women’s freedom of movement and decision-making are justified by the families
and the whole communities using the law to justify their actions.
This is because there is always little or no awareness and education on the same by individuals.
2. Limited Awareness of Rights: It was noted that the majority of the female villagers have
little or no idea of their legal status and what laws are willing to protect them. First, lack of
education and education specifically in law makes the women not know what laws exist to
protect them.
Gender-Based Education Gap: For instance, girls in many villages schools are not educated
hence lack knowledge on their rights. This also minimizes the possibility of recognizing abuse or
even seeking a legal redress.
3. Weak Law Enforcement
Corruption and Bias in Law Enforcement: Police and village authorities as rule come from the
same villages, and some of them may be as gender biased as the villagers are. This means that
gender cyclists are rarely enforced because officers may ignore or dissuade women from
reporting complaints.
Lack of Resources: Provision of police stations and U.S legal aid are known to be scarce or
inadequately financed and manned especially in rural areas. Preliminary analysis shows that the
lack of qualified system and equipment leads to low efficiency in solving and trials of gender
discrimination cases.
Inaccessibility of Justice: The Courts, and legal institutions are physically located far from
villages and many other rural societies and women are barred from seeking legal aid. The
expenses to travel to the courts, intimidation and fear of revenge impend on the strong desire of
women to seek justice.
4. Caste Discrimination:
Intersectionality of Gender and Caste: The two social evils are interrelated in many villages
where caste prejudices compound gender prejudices. Women of lower castes especially the
Dalit face twin evils of caste and sexual discrimination. Often they are subjected to violence and
exploitation, and in case they decide to report that, their complaint will be ignored by the
authorities.
Fear of Backlash: The domination of power structures in favorable higher castes that provide
the men to dominate the women populace particularly those of the lesser castes in the villages.
Tightly and cruelly, women from lower castes, who try to fight and seek justice, are attacked,
threatened or intimidated by dominant caste groups.
5. Economic Dependence:
Financial Vulnerability: Female in rural areas rely financially on the male members of the family
which make it difficult for them to leave abusive relationship or stand against prejudice. This
economic vulnerability is why women cannot stand up for themselves by approaching the courts
or avail provisions under the Protection of Women from Domestic Violence Act.
Customary Practices over Legal Protections: Child marriage in many villages is unpopular since
it is associated with other cultural practices like dowry or financial cooperation between two
families. The men practice these ‘rights’ despite the operations being unlawful in some countries
because of the perceived economic importance or family dignity if the women are subjugated.
6. Lack of Institutional Support
Insufficient Local Institutions: Women’s Commissions, Legal Aid Services, Protection Officers
where they are required under the law, are moribund especially in rural areas due to lack of
structures or lack of will. When these institutions are missing there are no ways of protecting
women’s rights within the villages.
Lack of Effective Implementation of Schemes: Minor schemes like Beti Bachao, Beti Padhao
(Save the Girl Child, Educate the Girl Child) along with other plans encouraging girl education
and women rights awareness remains a cock and ball story because the information really
doesn’t get to the villages nor are they implemented properly because of corrupt officials.

Article 1 summary:

The Vishaka v. State of Rajasthan (1997)

This was a landmark judgment by the Supreme Court of India that addressed sexual
harassment of women in the workplace. The case arose after Bhanwari Devi, a social worker in
Rajasthan, was gang-raped while attempting to stop a child marriage. After the crime was
dismissed by authorities, the Vishaka group, consisting of women’s rights activists, filed a Public
Interest Litigation (PIL) in the Supreme Court to demand accountability and better protection for
women.

The court found that existing laws were insufficient to protect women from workplace
harassment and issued the Vishaka Guidelines. These guidelines mandated the formation of
Complaint Committees in all workplaces, ensuring that women had a safe work environment.
The guidelines applied to public and private institutions and required employers to prevent
harassment, establish complaint procedures, and provide assistance to victims.

Before this judgment, Indian law did not specifically address workplace sexual harassment,
leaving women with little recourse. The Vishaka judgment expanded the understanding of
harassment beyond physical acts and emphasized employer responsibility in providing safe
workplaces. The ruling also incorporated international conventions like CEDAW to fill legal gaps,
setting a precedent for judicial activism.

Though the judgment was groundbreaking, implementation has faced challenges. Compliance
is often uneven, particularly in smaller organizations, and many women remain unaware of their
rights or fear retaliation. While the 2013 Sexual Harassment of Women at Workplace Act built
on the Vishaka Guidelines, enforcement continues to be a problem.
Article 2 summary:

A disturbing incident in Rajasthan's Karauli district, where a Dalit sexual assault survivor was
allegedly asked by a magistrate to strip to show her injuries, highlights the deep-rooted
insensitivity and systemic bias faced by survivors of sexual violence. The demand for a Dalit
woman to undress in front of a male authority is not only dehumanizing but reflects the
oppressive power dynamics historically faced by Dalit women.

This incident sheds light on the intersectional challenges of caste and gender, compounded by
the underrepresentation of women in the judiciary. Women make up only 13% of high court
judges in India, which undermines the system's ability to address gender-based violence
effectively. Having more women judges could offer survivors greater comfort and lead to more
sensitive handling of cases.

Recent judicial comments, such as former Chief Justice Bobde’s remarks on a rapist marrying
his victim, have fueled outrage and exposed the persistence of patriarchal attitudes in the legal
system. Such statements trivialize the trauma of rape survivors and risk emboldening offenders.

Systemic reforms, including better gender sensitization and more female representation in the
judiciary, are crucial to addressing these entrenched biases. Advocates for gender justice must
continue pushing for a judiciary that reflects the experiences of marginalized communities and
upholds principles of fairness and equality.

Article 3 summary:

In India, education is vital for individual development, especially for women, who play a crucial
role in shaping society. Despite its importance, female literacy remains significantly lower than
male literacy, with women achieving a literacy rate of only 65.46% compared to the national
average of 74.04% according to the 2011 census. Girls tend to drop out of school at higher rates
than boys, and this issue is particularly prevalent in states like Rajasthan, where the birth of a
girl child is often not celebrated as it is for boys. In many cases, gender discrimination is deeply
rooted both at home and in schools, leading to a lack of support for girls to continue their
education.
The study focuses on understanding the factors behind high dropout rates and examining the
institutional mechanisms promoting girl child education in rural Rajasthan, particularly in the
Kishangarh block of Ajmer district. The findings reveal widespread discrimination against girls in
accessing quality education, contributing to high dropout rates, especially at the secondary and
higher secondary levels. These dropouts are often linked to societal attitudes and institutional
barriers that make it difficult for girls to complete their education.

While the Indian government has launched several programs and policies aimed at improving
female literacy, such as initiatives in the five-year plans and the National Policy on Education,
progress has been slow. Literacy rates for women have increased, but at a much slower pace
compared to men, especially in marginalized communities like SCs and STs. For instance, in
2011, there was a 16.3% gap in literacy between men and women, with the gap widening further
in SC and ST groups. This disparity reflects broader socio-economic inequalities that affect
women's access to education.

The data also shows an increase in girls' school enrollment over time, with enrollment rates
growing from 61 lakh in 1950-51 to over 1,169 lakh in 2010-11. While this indicates significant
progress, girls still face challenges in staying enrolled, especially at higher education levels. The
study emphasizes the need for targeted strategies to address the ongoing barriers to female
education, such as improving school infrastructure, providing financial incentives, and
challenging the deep-rooted gender biases that prevent girls from pursuing their education.
Article 4 summary:

The article highlights the journey of a woman from a rural village in Rajasthan, where cultural
traditions dictated that women had to walk the last kilometer into the village due to a religious
belief forbidding women from riding vehicles. For years, she requested men in her village to help
challenge this custom, and after persistent efforts, she finally rode her scooter through the
village gates, defying the norm. Her action symbolizes a personal victory against patriarchy,
setting a precedent for other women in her community.

The article expands on her role as a social worker, emphasizing how her actions are part of a
larger mission to address gender-based discrimination in her village. Through her work, she
actively advocates for women’s rights and social justice, showing how seemingly small acts of
defiance can create ripples in a conservative, patriarchal setup. Her use of the scooter became
not just a mode of transport but a tool of empowerment, showing other women that these
oppressive customs can be challenged.

Her story illustrates how change often begins with one courageous individual and speaks to the
larger social transformations occurring in rural India. The article offers a powerful example of
grassroots activism in breaking down patriarchal barriers.