Progressive laws are just fine

But isn’t gender (in)equality also about attitudes?

All ye liberal women and menfolk alike, rejoice. The government has, at long last, decided to review the laws aimed at women in the workplace. And, to boot, the Constitution may well be amended so as to bring a truer semblance of equality between men and women at work. Insofar as the proposals suggest that the government has accepted that the existing laws are hardly gender-sensitive — notwithstanding the perfunctory gender-related provisions now in place — there is cause for cheer. The Delhi Shops and Establishment Act is illustrative of the unintended consequences of many well-intentioned laws. With a view to safeguarding womens’ security, it forbids most (journalists or those employed in the hotel or airline sectors are the lucky exceptions) from working after 8:00 p.m. Not only is this law impractical (shifting the onus of responsibility upon employer-institutions is surely more workable) and consequently almost redundant, it encourages many employers to prefer men to women employees!

When the system fails to keep pace with changing trends — how else to explain the absence of a statute to combat sexual harassment even as increasing numbers of cases come to light? — the need for reform is urgent. Now, with the completion of stock-taking, a more relevant and modern legislative framework can at least be hoped for. That said, too many times in the past, policy formulation has failed to carry out its objective.

Even after laws are in place — the Equal Opportunity Act, Equal Wages and Remuneration Act and Maternity Benefits Act, etc, come to mind — shoddy implementation sullies the slate. Though the judiciary regularly does its bit to promote gender equality, other elements of the criminal justice system — notably prosecutors and the police — underperform. This institutional failure is a reflection of the type of society in which laws and law enforcers operate. When the cultural impediments to women having near-equality at work are overwhelming, as they are in India, the still more important task is that of changing mindsets. Revamping the legislative framework, as desirable as it is, is hardly sufficient. Revamping the education curriculum to deflect gender stereotyping is essential, as of course is the spread of literacy. Otherwise, no manner of new laws — International Labour Organisation-compliant or otherwise — will bring tangible benefits.