We tried to look through this paper on the emerging concept of gender
neutrality which is a debatable issue across the globe. This paper tried to
present the problems faced due to the gender-specific role which ultimately
creates gender disparities in different areas of public life. we also used the
data available on different websites to present the gender disparities in social
economic and political life. The scope of this paper is not limited to the mere
presentation of challenges, we look into the account of a solution emerging as
an effect of gender-neutral policies.
It is not only so we also look into the
transformative role of gender i.e. LGBTQ and their inclusion in the mainstream
of the society. we also look into their status in the present scenario by
examining their participation in different social and political arenas. The
extent of study is not limited only to their social, political and economic
scenarios and we also look into their legal perspective.
Distinction Between Sex And Gender- Impacts And Influences
Sex is the biological difference between male and female while Gender
concept is specifically the role acquired by the male and female not on the
basis of their ability but on the basis of the prejudice and stereotype shaped
by the society as a whole.
The social and psychological forces prevalent at the
time impacts the role of the individual which primarily shaped the
gender-specific role. The process of socialization especially the way in which
children grasp the information, impact their role in society as an individual.
In my opinion the role of individual must be decided on the basis of their
capability, not on the basis of preconceived notion prevalent due to the
conventional way of thinking in the contemporary society.
Impact of Gender Stereotype on Human Rights:
Office of the Human right Commission defines Gender stereotyping is the practice
of ascribing to an individual woman or men specific attributes, characteristics
or roles by reason only of her or his membership in the social group of men or
women. Gender stereotyping is wrong when it results in the violation of human
rights and fundamental rights. In my opinion, the limitation of choices of
individuals by confining them to opt their role is the infringement of Human
The international human rights law framework prohibits gender
stereotypes and stereotyping which undermine the enjoyment of human rights and
fundamental freedoms. States have an obligation to eliminate discrimination
against women and men in all areas of their lives. This obligation requires
States to take measures to address gender stereotypes both in public and private
life as well as to refrain from stereotyping. In my opinion, limiting the
choices of individuals or shaping their role on preconceived notions is an
infringement of human rights.
Impact of Gender Stereotyping on Mental Health:
We all have own concept of masculinity and femininity and how it should be
manifested but the matter of fact lies in the sense whether we like or not
culture dictates the consideration and a manifestation of a role as well. We
would not look into the effect of cultural norms but the fact that the
expectation of how people should behave is harmful, when it comes into the point
of mental illness.
A study published by Purdue and Northwestern Universities found that gender
stereotypes affected the way people responded to others’ mental illnesses.
Respondents read case summaries of mental illnesses whose symptoms were
stereotypically associated with either women or men.
Men are more likely to be
stereotyped as violent, which is often linked to something like Placing these
types of expectations on the way people should act based on their gender can
hinder their mental health and their ability and willingness to seek help. In
terms of treatment of the medical treatment of mentally ill patient on the basis
of gender,A study published by the American Psychological
Association found that women are more likely than men to experience anxiety
and depression, while men are more likely to be diagnosed with substance use and
antisocial disorders. It also found that women are more likely to internalize
emotions, which typically results in withdrawal, loneliness, and depression,
while men are more likely to externalize emotions, leading to aggressive,
impulsive, coercive and noncompliant behavior.
Impact of Stereotyping on Access To Justice:
Justice should be fair reasonable
and accessible to each and every individual that has sought for it. In my
opinion or it would be universally adopted opinion justice should be free
from biasedness and favoritism so that it became accessible for all.
Women participation in the justice sector:
It is evidentiary fact the women are severely underrepresented in all the public
sector institutions across the globe. The world of the judiciary does not remain
untouched from this male dominating system. In most of the world very few women
become lawyers and even fewer women than men designate to the senior status
resulting in a tiny pool of eligible female candidates for the positions in
It is important to not assume that the presence of a particular social group in
the justice sector would necessarily mean that the this sector will result in
institutions which are responsible for women needs. Defacto when women’s
participation is limited to tokenism individual men and women feel pressure to
be less sensitive to women issues and gender equality. Here we present some
statistics which strengthen our claim of women’s underrepresentation in the
l In 2005, UNODC reported that there were 29 women judges and 1,920 male judges
in Afghanistan, 25 women judges and 985 male judges in Ethiopia and 434 female
judges and 1,982 male judges in South Africa (UNODC, 2005).
2. As of 2004, there was only one woman sitting as a judge at any level in Egypt
(Human Rights Watch, 2004).
3. In 1999, there were no women in the three highest courts in Colombia (UNIFEM,
4.As of 2002, no more than three women were sitting at any time in either the
International Criminal Tribunal for the Former Yugoslavia or the International
Criminal Tribunal for Rwanda (Johnson-Sirleaf and Rehn, 2002).
5. Presently there are 3 sitting female judges in Indian Supreme court namely
Indira Banerjee, R Bhanumati, and Indu Malhotra out of the strength of 25
judges. Incepting to the independence till now only 8 female judges reached
to the top court of India.
It is to be noted that in 2017 an information gathered by the department of law
and justice government of India represented the very dismal picture of the
women’s judges in the High courts and subordinate courts too. Women account 28
Percent of the 17160 judges across all subordinate High courts and Supreme
Access to justice is greatly influenced by these factors like gender inequality
in the number of male and female judges and counsels.
Suggestions To Improve Access To Justice:
1. Advocacy and support of normative mechanisms are crucial in maintaining the
gender equalities and awareness of the rights of individuals and access to
2. Legal Aid And Legal Awareness:
The extent to which men and women are aware of their rights and entitlement Is
varies from place to place. In several of the cases, it has been culled out that
women and men are aware of their rights but unaware of the way it has to be
redressed. The threat of violence makes unable the women to access to justice so
awareness with the assistance can be an effective tool in enabling the
individuals in access to justice. The preamble of the Indian constitution
basically aims to protect the people of India justice social and economical.
His Lordship honorable justice P.N.Bhagwati says on the legal aid that it is the
arrangement in the society which makes the machinery of administration of
justice easily accessible to all. Art 39 (A) of the Constitution of India
provides free legal aid to those who need. The Constitutional duty to provide
legal aid arises from the time the accused is produced before the Magistrate for
the first time and continues whenever he is produced for remand.
The disparities in access to justice compel the judiciary and the state to
enunciate these concepts like Legal aid. In my opinion, the universal
achievement of access to justice is only possible when the area of the judiciary
will become free from stereotype and prejudice.
Support capacity-building within justice and regulatory bodies on gender issues
and women’s rights. The capacity building could include training on gender for
members of the judiciary or support for the establishment of gender desks within
Encourage women to participate in the justice sector and support women who are
already working in the justice sector. Associations of women judges exist in
many parts of the world, and they can be a useful resource to combat the
barriers of access to justice.
Women’s organizations should be viewed as key disseminators of information.
Women’s group which are working in their respective countries best understand
the gender dynamics of their own country and can be effective hand in
information strategies to remove the barriers.
In the era of technological development and the dynamic recognition of the human
right, its high time to implement gender-neutral laws in the country. The
recognition of transgender rights and the LGBTQ community as a whole also gave
impetus to the idea of gender-neutral laws in our country. The recent policy of
cricket Australia has also started this debate, of the idea of gender-neutral
 Report of psychology today on mental Health August 2012
 Women, inequality and justice- Report of BBC ( 2014)
(Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ
*The author is a III semester Student at National Law University Jodhpur -
E-mail id [email protected]