UPSC MainsPHILOSOPHY-PAPER-II201515 Marks
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Q6.

What does gender discrimination mean? Is it not a violation of equality and social justice? Discuss.

How to Approach

This question requires a philosophical exploration of gender discrimination, linking it to fundamental principles of equality and social justice. The answer should begin by defining gender discrimination, then delve into its various forms and manifestations. It must then establish a clear connection between gender discrimination and violations of equality (both formal and substantive) and social justice. A structured approach, examining the philosophical underpinnings of these concepts, along with real-world examples, is crucial. The answer should demonstrate an understanding of feminist philosophy and relevant legal frameworks.

Model Answer

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Introduction

Gender discrimination, at its core, refers to unequal treatment or perceptions of individuals based on their gender, often rooted in societal norms and stereotypes. This isn’t merely a matter of individual prejudice; it’s a systemic issue deeply embedded in social, economic, and political structures. The Universal Declaration of Human Rights (1948) affirms the principle of equality, yet gender-based disparities persist globally. The question of whether gender discrimination constitutes a violation of equality and social justice is not simply a legal one, but a profound ethical and philosophical inquiry, demanding an examination of fairness, rights, and the very foundations of a just society.

Understanding Gender Discrimination

Gender discrimination manifests in numerous forms. It can be direct discrimination, where individuals are treated less favorably because of their gender (e.g., denying a job to a qualified woman solely because she is female). More subtly, it can appear as indirect discrimination, where seemingly neutral policies or practices disproportionately disadvantage one gender (e.g., requiring employees to work long hours, which may disproportionately affect women with childcare responsibilities). Beyond these, systemic discrimination operates through ingrained societal structures and biases, perpetuating inequalities across generations.

Equality: Formal vs. Substantive

The concept of equality is central to this discussion. Traditionally, equality has been understood in formal terms – equal treatment under the law. However, this approach often fails to address pre-existing inequalities. For example, granting women the right to vote (formal equality) doesn’t necessarily translate into equal political representation if they face systemic barriers to entering politics. This is where the concept of substantive equality becomes crucial. Substantive equality recognizes that achieving true equality requires addressing the historical and social disadvantages faced by marginalized groups, including women. It necessitates proactive measures to level the playing field and ensure equal opportunities.

Social Justice and Gender Discrimination

Social justice, broadly defined, concerns the fair and equitable distribution of resources, opportunities, and privileges within a society. Gender discrimination fundamentally undermines social justice by denying women equal access to these essential elements. Philosophical frameworks like John Rawls’ theory of justice, emphasizing fairness and the ‘veil of ignorance’, highlight the injustice of societal structures that systematically disadvantage certain groups. When women are denied equal access to education, healthcare, economic opportunities, or political participation, it not only harms them individually but also hinders the overall progress and well-being of society.

Philosophical Perspectives on Gender Discrimination

Feminist philosophy provides a rich lens through which to analyze gender discrimination. Liberal feminism focuses on achieving equality through legal and political reforms. Radical feminism argues that patriarchy is the root cause of gender inequality and calls for a fundamental restructuring of societal power dynamics. Socialist feminism links gender inequality to the capitalist mode of production, arguing that both class and gender oppression must be addressed. These diverse perspectives underscore the complexity of the issue and the need for multifaceted solutions.

Legal and Constitutional Frameworks

Many countries have enshrined principles of gender equality in their constitutions and laws. In India, Article 14 (equality before the law) and Article 15 (prohibition of discrimination on grounds of sex) of the Constitution are fundamental. The Equal Remuneration Act, 1976, aims to ensure equal pay for equal work. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provides a legal framework to address workplace harassment. However, despite these legal safeguards, implementation remains a challenge, and gender-based violence and discrimination continue to be widespread.

Global Statistics and Examples

According to UN Women (2023 data, knowledge cutoff), women represent 70% of the world’s poor. Globally, women earn 77 cents for every dollar earned by men (ILO, 2023). In many parts of the world, girls are denied access to education due to cultural norms or economic constraints. The #MeToo movement, originating in 2017, brought to light the pervasive nature of sexual harassment and assault, demonstrating the systemic power imbalances that contribute to gender discrimination. The case of Bhanwari Devi (1992), a Rajasthani woman who was gang-raped for challenging caste-based discrimination, highlighted the intersectionality of gender and social inequalities in India.

Aspect Gender Discrimination Manifestation Impact
Economic Wage gap, limited access to credit, underrepresentation in leadership roles Economic disempowerment, poverty, reduced economic growth
Political Underrepresentation in parliament and government, barriers to political participation Lack of diverse perspectives in policymaking, limited accountability
Social Gender-based violence, harmful traditional practices, limited access to education and healthcare Physical and psychological harm, reduced life expectancy, perpetuation of inequality

Conclusion

In conclusion, gender discrimination is unequivocally a violation of both equality and social justice. It undermines fundamental human rights, hinders societal progress, and perpetuates systemic inequalities. Addressing this requires a multi-pronged approach encompassing legal reforms, social awareness campaigns, economic empowerment initiatives, and a fundamental shift in societal attitudes. Moving forward, a commitment to substantive equality, informed by feminist philosophical insights and grounded in concrete action, is essential to create a truly just and equitable society for all genders.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Patriarchy
A social system in which men hold primary power and predominate in roles of political leadership, moral authority, social privilege and control of property.
Intersectionality
A framework for understanding how aspects of a person's social and political identities combine to create unique modes of discrimination and privilege.

Key Statistics

Only 28.6% of parliamentary seats worldwide were held by women as of February 1, 2024.

Source: Inter-Parliamentary Union (IPU)

Globally, 1 in 3 women experience physical or sexual violence, mostly by an intimate partner (WHO, 2021).

Source: World Health Organization (WHO)

Examples

Iceland's Gender Equality

Iceland consistently ranks highly in global gender equality indices, due to policies promoting equal pay, parental leave, and representation in politics. This demonstrates that proactive government intervention can significantly reduce gender disparities.

Frequently Asked Questions

Is gender discrimination only against women?

No, gender discrimination can affect anyone, regardless of their gender identity. Men can also face discrimination based on harmful gender stereotypes, though the systemic power imbalances often mean that women are disproportionately affected.

Topics Covered

Social IssuesGender StudiesGender EqualitySocial JusticeWomen Empowerment