About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Chi. J. Int'l L. 35 (2001)
India: Implementing Sex Equality through Law

handle is hein.journals/cjil2 and id is 43 raw text is: India: Implementing Sex Equality Through Law Martha C. Nussbaum* I. INTRODUCTION India has a long tradition of attaching profound importance to equality. Addressing some especially entrenched and dramatic inequalities of dignity, material well-being, and political empowerment-deriving from the traditional caste hierarchy, from discrimination against minority religious communities, and from pervasive traditions of sex hierarchy in all the major religions and cultural groups-the constitutional framers made bold and decisive commitments to a range of human rights, liberties, and equalities. The Preamble states that the People of India commit themselves to secure to all citizens: 'justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation: In many respects the nation's legislative and judicial traditions have pursued these commitments, especially in seeking the full equality of the previously subordinated groups. On the other hand India remains the scene of striking inequalities, sometimes shaky liberties, and a sometimes threatening absence of fraternity. Literacy rates remain around 65 percent for men and 40 percent for women. Women hold only 6.7 percent of seats in Parliament, and only one seat (out of twenty-six) on the Supreme Court. Women still have a difficult time protecting their bodily integrity, whether against domestic violence (marital rape is not a crime and police rarely enforce laws against domestic violence), or against rape outside the home (a woman's sexual history is still relevant evidence in rape trials). Economic well-being still too frequently follows traditional lines of caste, class, and sex. Violence along lines of caste and religion remains a common feature of life in many regions of the nation. * Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Law School, Philosophy Department and Divinity School She is a member of the Board of the Center for Gender Studies and an Affiliare of the Comnuitree on Southern Asian Studies. 1. Indian Const, Preamble, available online at <htrp://alfa.nic.in/consr/preamble.htnl.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most