Black's Law Dictionary defines "Gender" as follows:
"Defined difference between men and women based on culturally and socially constructed mores, politics, and affairs. Time and location give rise to a variety of local definitions. Contrasts to what is defined as the biological sex of a living creature."
As per the definition, the difference itself is based upon social norms and the society does not seek to change its norms before demanding a change in the law which is again derived from norms. Morality, norms, customs and culture have remained quite the same in many aspects of the society.
The primary reason behind giving special protection to women was that women are always looked down upon as a weaker section of the society. Pushing Articles 14 and 15 into every issue is a convenient move but understanding the crux of 'equality' is what matters the most. Equality is a concept of non-discrimination among distinct independent beings. Sadly, Indian society has not yet been able to accept women as independent beings.
Before raising a plea for Gender Inequality to stand out from the crowd and make themselves looked down upon, the masculine gender should also consider the following:
- There is no point in relaxing employment laws for women when they still face sexual harassment at workplace and fear to complain as they know that their families will stop them from working instead of correcting the employer.
- There is no point is making laws to prohibit dowry and cruelty when marital rape still reflects as an exception to Section 375 of Indian Penal Code.
- There is no point is making primary education compulsory for women when they face rape-prone conditions at every point of attending schools when they do not even understand the meaning of rape.
- There is no point is worshipping Durga who rides on a Tiger on one hand and not allowing women of their own house to drive a vehicle independently on the other hand. The reason cited behind this is "safety".
Laws have been implemented for long, but such laws have barely had any effect upon the mindset of the society. A society which still carries the shield of male dominance has no basis on which they can show that they are a downtrodden part of the society. The right to claim shall arise once they actually show equal treatment in the society because it is completely unjustified to define equality and interpret it only as per own convenience. If there is a meaning behind something, the meaning first needs to be respected so as to understand the content of the provision.