Gender Injustice and the Pandemic

Abstract

In this twenty first century, women continue to be reckoned as the most oppressed class; and at times are even denied the basic human rights. When women have fewer resources, less power and less influence compared to the male counterparts, they are made to experience inequality and there is discrimination based on class, ethnicity, age, as well as religious and other fundamentalism. Gender inequality, also happens to be the key driver of poverty and a fundamental denial of women’s right. Even in this 21st century, it goes without saying that, a near universal phenomenon is gender-based violence, which threatens the well-being, rights and dignity of women. An instance of such gender based violence is Domestic Violence- which forms the subject matter of this paper. Viewed from the perspective of human rights violation, with the application of human rights law, the State’s obligation to respect individual rights of each and every person gets reinforced, so much so that, the wrong doer can be held accountable for abuse of those rights of private individuals. Therefore, even if the State does not actually commit the abuse, it has the obligation to guarantee legal protection to the women victims.

In attempting to discuss about one form of household abuse, which is seen to be aggravating more during this COVID-19 Pandemic, and the Lockdown that is operating in India, since March 24th, 2020, in this paper, discussion will centre round the principle of Equality which the framers of the Indian Constitution has also recognized as a Fundamental Right as well as a Directive Principle of State Policy, and which right has been secured to all citizens by the Preamble to the Indian Constitution. Despite every safeguard being provided by law, the Indian woman has been made to swim through troubled waters, which in itself is a matter of grave concern.