Laws alone can’t make just society; society must shed its ‘patriarchal attitude’: CJI
Noting that there’s no dearth of laws to protect women’s interests, Chief Justice of India DY Chandrachud on Monday said laws alone can’t lead to a just society unless society sheds its “patriarchal attitude”.
Speaking at a TV channel’s ‘She Shakti’ event, the CJI said, “There is no dearth of substantive and procedural legal provisions targeted towards protecting the interests of women in private and public situations. But good laws alone do not make for a just society. Above all, we need to change our mindsets. The mindsets must move from making concessions for women to recognizing their entitlement to lead lives based on freedom and equality.”
Justice Chandrachud said, “We must foster institutional and individual ability to look beyond the ‘male default’. Women still have to justify choices in ways their male counterparts are not. Their access to resources – basic resources such as education, employment and advanced resources such as mentorship and social capital are chequered.”
He said, “We must zealously guard against apparently protective laws infringing women’s liberties and choices. For instance, laws which prohibit women’s employment in establishments where liquor is served… In Anuj Garg v. Hotel Association, the Supreme Court struck down such a law, as it gave expression to oppressive cultural norms which were contrary to the autonomy of women.”
Noting that “issues that concern women today are broader issues facing our society, the CJHI said, “They will determine the kind of society we envision for the future. Issues of safety, equality of opportunity, dignity and empowerment are not subsets that ought to be discussed in silos. Every one of us in the country has to be a part of this conversation.”
He said, “Equal participation of women in governance, policy and leadership roles is positively linked to better development outcomes. When we either create or fail to address barriers in the path of women, we are jeopardizing our quest for a better society. Indifference is no longer an option.”
Justice Chandrachud said, “The labour force participation of women is 37%. The contribution of women to the GDP is 18%. We have not exactly met the pre-independence hopes about women’s economic participation. A part of the reason is the continued gendered allocation of domestic labour. Even as women are entering the workforce, they are never divorced from the domestic realm. They must simultaneously juggle domestic and care-giving chores. They are doubly burdened - almost as a penalty for transgressing the domestic threshold.”
He said, “Besides domestic work being unaccounted for in economic terms, it obstructs women’s ability to hold on to paid work or take on greater professional responsibility. Reports indicate that gender disparity in employment is on the decline and women’s salaried employment is set to increase. It is hoped that this would bridge the gender gap in earnings significantly, if not eliminate it entirely.”
