For centuries women have been humiliated, exploited, tortured and harassed in most walks of life be it physically, mentally and sexually. Deep rooted evil practices in India like sati,purdah, dowry, triple declaration of talaq, devadasi, prostitution& sexual exploitation. Till day when era talks about the artificial intelligence, robotics & virtualisation many women in rural India and unorganised sector are deprived of basic education, health and sanitation among others & couple of times basic amenities are completely out of reach to these women. Thereby they remain largely marginalized, poor and socially excluded. Fundamental freedom by women on equal basis with men in all spheres – political, economic, social, cultural and civil is far behind.

If we go few decades back some women in India were behind the purdah confined within the four walls of their homes, unable to move freely which resulted in helplessness that she has become an easy prey of those who wish to exploit. Another obvious instance is few years back the property rights of Indian women were far from gender-justice.

III)What Are Provisions for Egalitarian Differentiation Under the Indian Constitution? 

The principle of gender equality enshrined in our Indian Constitution. Indian Constitution provides for equality to women also empowers to adopt measures of positive and protective discrimination in favour of women via its Preamble, Fundamental Rights, Directive Principles of State Policy and other provisions. Each incident of sexual harassment of woman at workplace is violation of fundamental rights of gender equality enshrined under our Indian Constitution.

With intent to compensate the loss of opportunities suffered by women during the last several centuries protective discrimination by gender egalitarian differentiation in favour women is provided for under the provisions of Indian Constitution.

The constitution of India not only granted equal status to women par with men, but also empowers the state to adopt measures of positive discrimination in favour of women under Article 15(3) for neutralizing the socio economic political in injustices suffered by women.

Based on the Constitutional provisions law makers have passed legislations to protect and safeguard women in India. For Instance, Dowry Prohibition Act, 1961 &The Immoral Traffic (Prevention) Act, 1986, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013,Indecent Representation of Women (Prevention) Act,1986, National Commission for Women Act, 1990 & Equal Remuneration Act, 1976 so on and so forth.

IV) Does Protective Discrimination Violates the Principle of Fairness?

No, it is not basing on constitutional principles that like should be treated alike and not unlike should be treated alike.

V) Is Protective Discrimination Negates Gender Neutrality?

No, it is not as gender neutrality in situation of gender inequality negates egalitarian connotations hence protective discrimination by recognising the egalitarian differentiation in the binary gender.

VI) What would be better for society matriarchy or patriarchy?

It is debatable as both has its own fair share of pros and cons but notable aspect either gives power and dominance to one binary gender and handicaps the other binary gender to reap the equality. Feminism, meninism, gender neutralities are again debatable and comes with pros and cons. But the true underlying causes of gender inequality are rooted in the social and economic structure of society based on   customs, norms & practices. Deprivation of right to equality to either binary gender in society for a long period has led to weaken status which ultimately supress notion to equate with another binary. This gender inequality negates egalitarian connotations& gives birth to egalitarian differentiation.

V) Conclusion& Suggestions

“Power corrupts & absolute power corrupts absolutely” saying of Lord Acton reflects the repercussions of power & dominance. Gender inequality & patriarchal power & dominance prevalent in different parts of world in the different walks of life needs to no introduction. If one turns the pages of history then gender inequality between binary gender is manifest in enormous forms. Number of women till today who are denied & deprived of the ordinary human rights. Egalitarian differentiation and protective discrimination are part of justice, liberty and gender equality. For true equally, protective discrimination with accord of differentiation in the gender egalitarian is needed in favour the women.

Though the egalitarian differentiation favours one binary gender over the another but it is much needed for safe and secure society.  To address the gender disparity and inequality favourable treatment towards women via protective discrimination by egalitarian differentiation over men is need & not option.  Makers of Indian Constitution has rightly addressed this problem of gender inequality by providing for women empowerment within the framework of the plenary provision of various Articles and clearly recognises the protective discrimination.

Protective laws for women which safeguard the interests of women are needed to curb the discrimination and crimes against women and currently there are number of legislations to this effect. But the mindset and the patriarchal views that have immersed in the Indian society since ages should be changed to enjoy these laws by the women in India. Another setback is lack of unawareness, un-interest among women and people in society. Awareness is key & same is needed among Indian women to empower themselves. Instead of only focusing on fight for rights as laws are constantly changing and evolving to empower women need of the hour is to know your rights and be ready to exercise your rights as women.

Protective discrimination by an egalitarian differentiation is in furtherance and persuasion of social, economic and political justice. Equality for women in India needs equating factor that is egalitarian differentiation binary gender.

Protective discrimination and egalitarian differentiator in favour women is for purpose of gender equality, which tries to uphold the women empowerment.

In an ideal scenario where gander disparity and gender inequality are absent gender egalitarian can be effectively followed without any negative ramifications. Some advocates for the shift from gender equal approach to gender neutrality is more needed and will be more beneficial to a civilized society. But India is not yet ready for gender egalitarian in spite of many decades of independence and long way to go to achieve gender egalitarian. Until then egalitarian differentiation in the binary gender in India in the form of protective discrimination will be continued. Let’s both the binary genders join the hands to achieve this gender egalitarian & gender equality and help each other to fill gap of gander disparity and gender inequality in any form. Gender binary needs to considers the  co-existence with mutual respect, co-operative powers & not dominance.