Gender Discrimination under Article 15

Gender Discrimination under Article 15

Written by Raj Maurya student of BA., LLB(2nd year) from Lovely Professional University.

Introduction

Gender discrimination is when someone is treated unequally or disadvantageously based on their gender but not necessarily in a sexual nature. This includes harassment/discrimination based on sex, gender identity, or gender expression. Girls and women suffer the rigid gender norms and roles, and they are more likely prone to discrimination which created a negative impact but this does not mean that discrimination occurs only with females, boys get to bear it too. Ideas are very limited on how a male is discriminated against or forced towards anything but this occurs with them also.

In context with Article 15

Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or of them. However, this Article does not prevent the State from making any special provisions for women or children. Further, it also allows the State to extend special provisions for socially and economically backward classes for their advancement. It applies to the Scheduled Castes (SC) and Scheduled Tribes (ST) as well. This article presents the state from discriminating against any citizen of India or by any means their rights are violated on the basis of race, caste, religion, sex, etc. There should be certain provisions should be incorporated for the women and children of backward classes such as scheduled caste and scheduled tribes for social and educational welfare. Initially, there were only three clauses under Article 15 then with the first constitutional amendment act of 1951 and the ninety-third amendment act, of 1951 (4) and (5) clauses were added respectively.

CASE: DR. Asha Singh v/s central reserve force

In this case, DR. Asha Singh who was a part of an all-male battalion in CRPF was the only woman with improper medical facilities in the whole battalion and was made to share a house with a male despite repeated sayings she was not shifted while other houses were lying vacant, every time. Her human rights were violated by repeated posting in a non-family male battalion as the only lady office without any medical infrastructure laid down by the MCI, MHA’s, CRPF guidelines and harassment by the male officers, discrimination by not posting as per my specialization while another specialized medical officer is posted as per their specialization. Here the discrimination occurred on the basis of gender where women needed medical and other facilities different than men and as referred to in article 15 that there shall be no discrimination on any grounds whether it be gender or anything like a place of birth.

Under this case Asha has filed the RTI under the Right to information act, 2005 to get to know about the details.

Conclusion

The government has made different laws to prevent society from gender discrimination, there are norms provided in the schemes, policies, statutes, etc. there is a need to bring up a change in society and leave masculinity because females are doing most of them and also discrimination against men should also be taken into the picture and more laws should be made and implemented over this.

Gender discrimination must be checked at every stage so that no person should be denied a chance to learn and grow. Thus, everyone, no matter male or female, must get a start in life in terms of education and other opportunities. We must come together as a society to do this.

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