Ms. Paluck Sharma
Assistant Professor of Law
paluck.sharma@kalingauniversity.ac.in
What happens when discrimination and freedom is beyond control? What happens when you suffer for the wrong doings of your community? The answer to this is Revolution which is synonymous to Liberty. Humans by nature are social animals who mostly socialize for satisfying their selfish interests, which is actually very contrary to the idea of being a Socialist. India according to its preamble is a country of equals and liberals, where bigotry in any form is vehemently negated. The framers of our Constitution very sharply and wisely after understanding the situation of our country insinuated the idea of equality along with a pinch of discrimination so that along with freedom, people around the country can also understand the idea of responsibility. Feminism was the outcome of Patriarchy and now misuse of it is again promoting masculinism. We are actually not concerned about equality but we are more worried for achieving everything for oneself i.e individualism. This research paper stays its focus on how the laws of this country has diverted the idea of equality as envisaged in the Constitution, by promoting feminism and masculinism in a negative way, without laying emphasis on the importance of responsibility towards one another. With the perspectives of various jurists and undertaking and understanding different waves of feminism we may understand that how equality and equity are more important than any kind of feminist or masculinist theory. This papers also aims to cover various national and international laws to understand this concept. The paper also aims to cover various facets of freedom and equality which one needs in today’s scenario.
The idea of equality with it actually brings a lot. We all are in the constant radar of the society, as men, women and LGBTQs we are expected to behave in a certain manner. We decide status of individuals on basis of their gender, income, religion or what caste or community they belong to. We do talk about equality; we have laws for achieving it but its actual implementation is still missing. Our very own patriarchal notion or the idea of masculinism gave rise to the theory of Feminism, through which we desired to achieve sexual orientation for women. Feminism as a movement aims to achieve a lot but again the movement has lost its essence. Feminism strived to achieve equality but now the whole sole purpose seems a lot like hating the other gender which is also known as pseudo – feminism. As individuals we want things to happen in our own certain way. It took us years to gain independence and even after that we are striving to achieve freedom from various social evils such as sexual and mental harassment, domestic violence, equality in status and opportunities, individual liberty and responsibility, etc.
Freedom in its very own sense is a very misunderstood concept. I as a human being has the right to do whatever I want to do, say or behave, no one can stop me, which gives me exclusive power over every other individual. But what happens when freedom takes a front seat without recognizing that with freedom comes a great amount of responsibility which we owe to the society which is nothing but collection of individuals. Freedom is inter linked with responsibility that we owe to others because my freedom is responsibility of others towards me and the same goes vice versa. In the name of Patriarchy, women have suffered as humans who were not allowed to represent themselves in the society adequately. Like it is considered that males are the decision maker of the house, whether it is the father, husband or brother, every male member holds a significant status in the house or in the society or the country. Women only serve as servants whose only job is to please the family according to its wishes, which eventually made a few of them realise that it is important that both men and women are treated equally and to uplift the status of women in the society it is important to raise the theory of feminism through which various rights of women such as right to vote, economic equality for women by recognizing that misogyny as a reality cannot continue for long.
Equatability and Jurists
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