In order to arrive at a gender-equitable legislative regime, an exercise is
underway, to put all existing laws under the gender scanner. This
exercise in ensuring substantive equality for women within existing law,
was long overdue. Even as we recognise that laws by themselves are
inadequate, because most women in India do not have the awareness,
the resources or the ability to benefit from them individually, they
nevertheless represent an important benchmark for socially desirable
norms and practices. The constitution guarantees equality between the
sexes and has been hailed for its progressive vision. Yet, in many ways,
these guarantees have proved inadequate in addressing the complexities
and dynamics of gender discrimination.
(1) Existing laws are being scrutinised to ensure gender equality. Though the
laws by themselves are inadequate to ensure gender equality, they represent an
important benchmark for what is good. Though the constitution guarantees
equality, it has proved to be ineffective.
(2) Laws are being put under the gender equitability scanner. As the laws by
themselves cannot protect women, they are not entirely useful as benchmarks.
The constitution does not provide equality even though it professes to do so.
(3) Laws are being scanned under the gender equitability scanner to ensure
gender equality, which even the constitution has failed to ensure.
(4) Existing laws are being subjected to the gender equitability test, to ensure
equality. Though laws by themselves are inadequate to ensure this, they are
important benchmarks for what is socially acceptable. Constitutional guarantees
on equality have proved inadequate.
(5) Existing laws are being scrutinized for gender equality although they, like
the constitution, have proved inadequate and are mere benchmarks.