Discrimination in the Guise of Protection
“Gender equality not only liberates women but also men from prescribed gender stereotypes.” – Emma Watson
India has been under British rule since 1858. The people strived for their freedom with great efforts. India got Independence in 1947. The Indian Government has made laws which are being followed till date for the well-being of the public. The laws have been amended from time to time as society changes. The citizens and the non-citizens of India are protected through these laws. Though there are laws, discrimination still prevails in various forms.
Nature doesn’t separate women from men. All human beings have to be treated equally. The law has made provisions and judgements to protect the human beings from discrimination. Gender discrimination is a problem which a female, especially, faces in various sectors and phases of her life. Though it has been addressed in various cases in India as well as other countries, it is still present. For example, Vishaka & Others v. State of Rajasthan1.
There are various provisions which support gender equality. Article 15(1) states “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c), 42 of the Indian Constitution have also specified gender discrimination. There are various other acts which also contributes towards gender equality which are The Equal Remuneration Act, 1976, The Criminal Law Amendment Act, 2013, Sexual Harassment of Women at Workplace Act, 2013, Dowry Prohibition Act, 1961, etc.
Gender discrimination, particularly, in hostels has been a problem which is being faced by the women in their day-to-day life as hostellers. There have been many gender-biased rules which the woman has to tolerate in order to not to be expelled from the University or hostel. It is high time for the problem to be addressed. The females in the country and all over India have to get their freedom which is their inherited right. They are not bounded and cannot be confined within four walls. The primary and secondary sources related to the gender discrimination faced by the female hostellers has been provided in this article.
Survey
A survey has been taken to identify the situation that is prevailing in the Universities and colleges with the help of the participant’s response (male and female). The below given charts are self explanatory as to the time difference between the female and male hostels, challenges, consequences, steps taken and parents’ views towards the gender discriminatory rules in the hostels.
Struggles of Female Hostellers
There are various Universities and colleges which have gender-biased rules. In 2016, VIT University dismissed two female students who had questioned these rules2. The University had time limitations for female students and other restrictions which the male students didn’t have. In 2016, Hindu College, Delhi had made a number of restrictions which included dress code which has to be in accordance with “normal norm of society”, no visitors are allowed without prior permission, random checking by the warden, etc. The practice followed by the hostel warden is very demeaning and degrading. “The National Commission for Women (NCW) has taken Suo-moto cognizance of media reports on protests at Hindu College about rules for the new hostel3.”
Holi Miseries
In 2017, during the Holi celebration Delhi University issued a memo to two female dormitories which were kept closed for females’ safety. “There’s a particular targeting of women’s genital parts,” said a victim, towards whom the water balloons were thrown “on my breasts and bum”. There were no actions taken for the abuse which the female met with4. Consent to touch is a must whether it is a festival or not. The process of keeping the women confined within the hostels, though for their safety, is degrading when the ones who cause the problems are let out to roam freely. Recently, the girls in Rajiv Gandhi Hostel, North Campus DU have been locked up in 2023 during the Holi celebration again by issuing a notice which was met with a protest by the girls.5 The practices of confining the women for their safety has not changed till date. This is a prison in disguise of protection. The girls, though belittled, are fighting for their freedom.
Punjab University Hosteller Protests
In 2019, the Punjab University, Chandigarh the students have protested against the discriminatory rules such as curfews, fine for students who arrived after the curfew, etc.6 They won a temporary success and are still fighting towards it.
Kozhikode Medical College, Kerala Case
In 2019, the Government has issued an order to close the entry and exit of the female dormitories after 9:30 p.m. in Kozhikode Medical College.7 The students have challenged the same in the court. The restrictions were made only for the female and not the male. The Kerala High Court has given order in favor of the students in 2022 and said “Girls also have to live in this society. Will heads fall off after 9.30 pm? Will mountains collapse? The government has an obligation to keep the campus safe,”. “Justice Devan Ramachandran said there is no need to fear the night and the government should ensure that it was safe to go out after dark for everyone8.”
Challenges
1. Moral Policing
Moral policing is being practiced in India which sets standards as to how the society has to work. The hostels play the role of moral policing which are not necessary as their extent goes only up to the disciplinary activities and in providing protection to the hostellers.
2. Restrictions as protection
The hostellers must be protected and rules and regulations can be made for the same. The restrictions are made in the name of protection only to demean and degrade the female hostellers which the larger part of the society is yet to acknowledge.
3. Power play in the name of concern
Though the hostel wardens make rules as to the time limitations for women’s safety, when the girls arrive late, they are made to stand out. Here, it shows the power play rather than the concern for the safety of the female.
4. Parents’ views
The most important aspect which most probably still encourages gender discrimination is the parents’ views towards these rules. The parents, mostly, support these gender-biased rules due to the fear of their daughter’s lives in the hands of society late at night. The parents’ instincts to protect their child comes first rather than let their children fight against the society.
5. Society view on dress
Society has different perspectives on male and female dressing and their freedom in wearing the dress. The dress codes which are present only for girls and not for boys are against the equality which the country is striving for. The girls are demanded rather than asked to wear dresses which cover their whole body and sometimes even wear dupattas.
6. Fear of consequences
The students fear consequences to take steps against gender-biased rules made by their university or college hostels. The consequences they may face include dismissal, outcast, etc.
Way Forwards
1. Pinjra Tod (Break the Cage)
Pinjra Tod was created in 2015 to fight against the misogyny by the students and the alumni of various Universities of Delhi. They have been fighting for equal rights for women till date and have received great success and had downfalls. Their fight has brought a lot of changes in various Universities like Jamia Millia Islamia University, Punjab University, etc.
2. Change in attitude in the society and court
The society should think in different perspectives and they shouldn’t be led by the values practiced during patriarchal times. The court must ensure that women are not degraded and seen at par with men to ensure gender equality. The statement made by the former Union Minister of Women and Child Development, Ms Maneka Gandhi is very disappointing which states that the time limitations provided for the female hostellers is for “protection from hormonal outbursts”.
3. Awareness
The students should be given awareness about the unconscious gender discrimination and work towards gender equality. Men and women are equal. No women are less than any men. The men need to be educated to understand the importance of consent, equality, etc. The Universities have to make awareness programs for better implementation of gender equality.
4. Gender Sensitisation Committee
The University Grants Commission has to make sure that the Gender Sensitisation Committee is present and works towards elimination of the gender discrimination that the students face in the Universities. The UGC has to closely monitor the status of the GSC’s working in various Universities and affiliated colleges. Though GSC works mainly towards eliminating sexual harassment, it is also important to eradicate other rules and regulations which are in accordance with gender discrimination.
5. Internal Complaints Committee
The issues that the students face related to the gender discrimination has to be addressed by understanding their grievances and providing a solution by the Internal Complaints Committee
which has been placed in various Universities and affiliated colleges due to the order issued by the UGC.
6. Self Defense
The girls need to be taught as to how they have to defend themselves in scenarios where they are in danger. Self-defense helps them to be confident to go alone in the streets.
Conclusion
The female population in the country has to receive the freedom which the male population has in the country. India is in 135th rank out of 146 countries in the World Economic Forum’s Gender Gap Report, 2022. All human beings are equal. The females’ discriminated in the name of protection have to be eliminated with the help of committees present in the Universities and colleges. Confinement of female hostellers is not acceptable as it is degrading. The females need to be trained in self-defense rather than keeping them away from society. The change in attitude is a must to eradicate gender discrimination which belittles the female.
References
[1] V. VENUGOPAL, “Two VIT Students sent home for dissent,” [Online]. Available: https://www.thehindu.com/news/national/tamil-nadu/two-vit-students-sent-home-for dissent/article5222323.ece. [Accessed 11 06 2023].
[2] S. R. Chowdhury, “Women’s commission “seriously concerned” about Hindu College ..,” The Times of India, 26 April 2016. [Online]. Available: https://timesofindia.indiatimes.com/city/delhi/Womens-commission-seriously-concerned about-Hindu-College-hostel-rules/articleshow/51994818.cms. [Accessed 11 06 2023].
[3] “Holi festival: Delhi women forced into lockdown amid sexual harassment fears,” The Guardian, 13 March 2017. [Online]. Available: https://www.theguardian.com/world/2017/mar/13/holi-delhi-women-forced-into lockdown-amid-sexual-harassment-fears?google_editors_picks=true. [Accessed 11 06 2023].
[4] A. Bhardwaj, “DU girl students ‘locked’ inside hostel premises on Holi,” India Today, 8 March 2023. [Online]. Available: https://www.indiatoday.in/cities/delhi/story/du-girl students-locked-inside-hostel-premises-on-holi-2344132-2023-03-08. [Accessed 11 06 2023].
[5] D. Sinha, “As students push for more freedom and equality, college hostels are changing,” Hindustan Times, 28 August 2019. [Online]. Available: https://www.hindustantimes.com/education/as-students-push-for-more-freedom-and equality-college-hostels-are-changing/story-u6j2TRkj8b3M0otz82gKTL.html. [Accessed 11 June 2023].
[6] “Kerala govt issues order to end gender discrimination in hostel timings, students demand more clarity,” News Nine, 08 December 2022. [Online]. Available: https://www.news9live.com/state/kerala/kerala-govt-issues-order-to-end-gender discrimination-in-hostel-timings-students-demand-more-clarity-212795. [Accessed 11 June 2023].
[7] E. W. Desk, “Kerala HC questions hostel curfew for women, says restrictions under guise of protection is ‘patriarchy’,” Indian Express, 30 November 2022. [Online]. Available: https://indianexpress.com/article/india/kerala/restrictions-protection-based-on-gender patriarchy-kerala-hc-8298406/. [Accessed 11 June 2023].
- AIR 1997 SC 3011 ↩︎
- V. VENUGOPAL, “Two VIT Students sent home for dissent,” [Online]. Available: https://www.thehindu.com/news/national/tamil-nadu/two-vit-students-sent-home-for-dissent/article5222323.ece. ↩︎
- S. R. Chowdhury, “Women’s commission “seriously concerned” about Hindu College ..,” The Times of India, 26 April 2016. [Online]. Available: https://timesofindia.indiatimes.com/city/delhi/Womens-commission seriously-concerned-about-Hindu-College-hostel-rules/articleshow/51994818.cms.] ↩︎
- “Holi festival: Delhi women forced into lockdown amid sexual harassment fears,” The Guardian, 13 March 2017. [Online]. Available: https://www.theguardian.com/world/2017/mar/13/holi-delhi-women-forced-into lockdown-amid-sexual-harassment-fears?google_editors_picks=true. ↩︎
- A. Bhardwaj, “DU girl students ‘locked’ inside hostel premises on Holi,” India Today, 8 March 2023. [Online]. Available: https://www.indiatoday.in/cities/delhi/story/du-girl-students-locked-inside-hostel-premises-on-holi 2344132-2023-03-08. ↩︎
- D. Sinha, “As students push for more freedom and equality, college hostels are changing,” Hindusthan Times, 28 August 2019. [Online]. Available: https://www.hindustantimes.com/education/as-students-push-for-more freedom-and-equality-college-hostels-are-changing/story-u6j2TRkj8b3M0otz82gKTL.html. ↩︎
- E. W. Desk, “Kerala HC questions hostel curfew for women, says restrictions under guise of protection is ‘patriarchy’,” Indian Express, 30 November 2022. [Online]. Available:
https://indianexpress.com/article/india/kerala/restrictions-protection-based-on-gender-patriarchy-kerala-hc 8298406/.
↩︎ - “Kerala govt issues order to end gender discrimination in hostel timings, students demand more clarity,” News Nine, 08 December 2022. [Online]. Available: https://www.news9live.com/state/kerala/kerala-govt-issues-order to-end-gender-discrimination-in-hostel-timings-students-demand-more-clarity-212795. ↩︎