UNIT 1
A. GENDER AS A SOCIAL CONSTRUCT
Socialization is the process by which we internalize the society around us - particularly the
culture. Through socialization we internalize group values and norms. While much of
socialization occurs in the early years of life, it is a life-long process. Through socialization we
internalize the appropriate patterns of interpersonal and group interaction. We internalise the
beliefs and values of our group. We develop our sense of individual personhood and world view
Social learning theory emphasises observational learning. Children observe other persons and
imitate them, and therefore learn something new. Seeing someone reinforced for a behaviour,
such as a girl playing with a doll being reinforced for being nurturant, may be expressed as being
what is appropriate, reinforcing behaviour for a female. Therefore, a girl may associate
reinforcement with that behaviour, which may make that behaviour appear positive for a female.
The process by which the individual learns and accepts roles is called socialisation. It is through
socialisation that gender roles surface.
Gender Roles: Gender roles are societal expectations regarding behaviours, traits, and roles
based on perceived gender. Traditionally, masculinity is associated with leadership, strength, and
independence, while femininity is linked to nurturing, empathy, and dependency. Such roles
often lead to gender-based divisions in work, family, and social settings. These roles impact legal
structures. For instance, labour laws have historically allowed for pay disparities between men
and women based on the assumption that men are "breadwinners." Additionally, workplace
policies often limit women’s access to certain positions, especially leadership roles. Employment
discrimination laws now aim to address these biases, but deeply rooted gender roles continue to
affect the enforcement and effectiveness of such protections. Recognizing gender roles as
socially constructed enables a legal framework that challenges these traditional roles, supporting
equal opportunities and rights. The concept that gender roles are socially constructed challenges
the idea that they are natural or biologically determined. Scholars argue that gender roles are
created, reinforced, and perpetuated by societal institutions, including the law, which influences
how individuals perform and perceive their gender.
Social Constructivism: A social construct is something that does not exist independently in the
natural world but is instead an invention of society. Cultural practices and norms give rise to the
existence of social constructs and govern the practices ,customs, and rules governing the way we
use/view/understand them.
Sex And Gender: The distinction between sex and gender is essential in understanding how
societies perceive and categorize individuals. While "sex" typically refers to biological and
physiological differences (such as chromosomes, hormones, and reproductive organs), "gender"
encompasses the roles, behaviors, and identities that societies ascribe to individuals based on
their perceived or assigned sex. Recognizing gender as a social construct challenges traditional
views, suggesting that many expectations around masculinity and femininity are not biologically
determined but rather shaped by cultural, social, and institutional factors.
Gender Identity and Expression: Gender identity (an individual’s deeply felt internal
experience of gender) and gender expression (the external presentation of gender) demonstrate
how gender is separate from biological sex. People may identify outside the binary categories of
male and female, identifying as non-binary, genderqueer, or transgender, among other identities.
Societies that view gender as a social construct are more likely to legally recognize and protect
diverse gender identities.
Gender and Media Influence: Media plays a pivotal role in shaping and reinforcing gender
norms and stereotypes, impacting societal expectations and individual self-perception. Through
advertisements, films, news, and social media, the media often portrays narrow definitions of
masculinity and femininity. Men are frequently depicted as strong, assertive, and successful,
while women are shown as beautiful, nurturing, and submissive. Eg: The characters, like
Spiderman etc define the normal ‘masculine behaviour, where a muscled and aggressive
character may depict the image of a real man, ‘who uses aggression to win over an opponent.
Female characters, like Rapunzel and Cinderella were beautiful, timid and emotional, and
anticipated the arrival of a man to take them out of their pitiable situation.
A majority of advertisements feature men and in movies, male characters get way more screen
time than the female characters. In fact, many female characters shown by the media have
unrealistic bodies, skin or behaviours. The misrepresentation of women leaves an adverse impact
on the females. The overall focus of portrayal of women in the media reinforces the stereotypes
and prejudices instead of reducing them.
Such portrayals have socio-legal consequences, influencing public opinion and potentially
reinforcing gender biases in legislation.
Judith Butler’s Gender Performativity Theory: Judith Butler’s theory of gender
performativity is a groundbreaking perspective that views gender not as an innate quality but as a
socially constructed identity shaped by repeated actions, behaviours, and societal norms. Butler
challenges the traditional view of gender as a fixed or natural identity tied to biological sex.
Instead, she argues that gender is performative, meaning it is created through repeated
performances and acts that align with society’s expectations for "masculine" or "feminine"
behaviour. A core idea in Butler’s theory is that there is no inherent "gender essence" behind our
actions; rather, gender is the result of repeated acts that society recognizes and categorises within
a binary framework of "male" and "female." Butler emphasises that this binary framework is a
social construct, maintained by norms and power structures that seek to enforce conformity. She
introduces the concept of the “heterosexual matrix,” a cultural system that enforces the alignment
of sex, gender, and sexual desire along heterosexual lines, thus marginalising non-conforming
gender identities and sexualities. Her notion of performativity extends to language and cultural
discourses. She draws on linguistic theory to explain how language itself creates gender
categories, suggesting that statements like “It’s a boy!” or “It’s a girl!” are not merely descriptive
but also prescriptive—they impose a set of expectations and roles from the moment of birth. In
this way, Butler argues that gender is a process of "becoming" rather than an innate quality, with
no original or authentic identity behind the repeated acts.
A significant example Butler uses to illustrate gender performativity is the practice of drag. Drag
performance, which exaggerates gender traits, exposes the constructed nature of gender by
showing that "masculine" and "feminine" behaviours are costumes or roles rather than natural
expressions. This idea has far-reaching implications, as it challenges society to rethink rigid
gender norms and acknowledges the fluidity and diversity of human identities.
B. PRODUCTION OF MASCULINITY AND FEMININITY
Introduction
The concepts of masculinity and femininity are central to understanding gender identity, where
each reflects societal definitions rather than purely biological distinctions. Masculinity is often
associated with traits like independence, aggression, and emotional restraint, while femininity
aligns with passivity, emotional openness, and nurturing. These are not fixed characteristics but
are socially constructed, shaped by cultural expectations about what it means to be a man or a
woman. The result is a dichotomy where men and women are encouraged to embody opposing
characteristics, which profoundly impacts their behaviours and life experiences.
Several theories explain how gender identity develops:
1. Biological Theory: This perspective posits that men and women have evolved with
certain traits that fit their roles; for example, males are physically stronger, aligning them
with tasks requiring strength, while females are suited to nurturing roles due to
childbearing abilities.
2. Humanistic Theory: Rooted in the notion of self-actualization, this theory asserts that
gender identity is part of one’s unique perceived reality. People shape their personalities
based on their understanding of “I” or “Me,” influenced by social interactions.
3. Sociobiological Theory: This theory integrates evolutionary psychology, suggesting that
gender roles developed as adaptations over time. Men's physical traits suited them to
hunting and protection, while women’s reproductive roles aligned them with caregiving.
4. Psychoanalytic Theory: Freud’s theory proposes that gender identity solidifies through
the Oedipus complex, as children identify with the same-sex parent. This process
integrates a moral conscience (superego) and establishes a gender identity.
5. Social Learning Theory: This theory suggests that gendered behavior results from social
reinforcement. Boys and girls learn gender roles by observing and imitating others,
especially parents, who treat them in gender-specific ways.
6. Cognitive-Developmental Theory: Here, the emphasis is on the child’s
self-identification with their gender, driving them to align with behaviours they associate
with being male or female. This process occurs as children become aware of their gender,
fostering internalised norms and behaviours.
What is masculinity?
Masculinity, as viewed from a social constructionist perspective, is an “achieved status” where
men conform to societal norms of male behaviour, which includes traits like toughness and
rationality. Too often, ’masculinity’ (as well as femininity) is used unproblematically as a
description of ’men’, and this has implications for the study of organisational behaviour. From
the social constructionist perspective, masculinity is an achieved status. People learn what
behaviours and attitudes they should have according to their label – male or female. A subset of
masculinity, termed hegemonic masculinity, reinforces the dominance of certain masculine
ideals, which creates a hierarchy even among men. Men who do not fit these ideals may be
marginalised, highlighting that gender constructs are layered and complex.
Masculinity As Homophobia
Sports have also become an arena where masculinity and homophobia are exhibited
continuously. Sports still remains a location where men and their bodies are privileged, in turn
reinforcing cultural expressions of sexism and homophobia. In sports young boys are socialised
to enact traditional masculine traits such as toughness and heterosexuality that boys often
become afraid of femininity and homosexuality. Because of this, numerous men athletes in a
variety of sports did not disclose themselves as being homosexuals.
Toxic Masculinity refers to the pressure on men to conform to unhealthy norms, such as
avoiding emotional vulnerability or glorifying dominance. This affects mental health, perpetuates
aggressive behaviour, and limits men’s engagement in self-care, creating isolation. Additionally,
toxic masculinity enforces homophobia, particularly in male-dominated spaces like sports, where
toughness is often prized, and displays of femininity or non-heteronormative behaviour are
stigmatised. Eg. When a boy cries and his father tells him to "toughen up" or that "men don't
cry", When a man calls women "sluts" or "whores" for having sex outside of monogamous
relationships, When a man tells his partner what they can and cannot wear, and who they are and
are not allowed to spend time with.
Femininity, on the other hand, is often characterised as passive or submissive. Feminist
philosopher Simone de Beauvoir argued that “one is not born a woman, but rather becomes one,”
emphasising the role of societal conditioning in forming gender identity. Femininity and
masculinity are typically seen as binary opposites, reinforcing gender stereotypes.
The construction of masculinity and femininity influences power dynamics, dictating behaviour,
access to resources, and social interactions. These rigid roles foster inequality, as patriarchal
masculinity positions men as inherently superior, creating barriers to equality. Transforming
these norms to embrace transformative masculinity, which values equality, respect, and
emotional openness, is essential for societal well-being. Breaking down rigid gender norms and
encouraging men and women alike to adopt flexible roles could pave the way for a more equal
society where gender no longer confines individual potential.
UNIT 2
A. HONOUR KILLING
Introduction
Human Rights watch defines honour killings as ‘acts of violence, usually murder, committed by
male family members against female family members, who are perceived to have brought
dishonour upon the family.
Any deviation from socially sanctioned norms, such as choosing a marriage partner outside
caste, religion, or without family consent, or engaging in premarital relationships, or seeking a
divorce can be perceived as a threat to the family’s standing. Men may also be victims, especially
when involved in inter-caste or inter-religious marriages.
The mere perception that a woman has behaved in a specific way to "dishonour" her family, is
sufficient to trigger an attack and it is not required for the killers to prove their allegation.
These acts are often justified as necessary to "restore" family honour. This leads to the policing
of the female’s behaviour and conduct. Such policing may take two forms: 1) The indirect subtle
control- which involves withdrawal of economic and the social benefits, and 2) The more
horrific and the extreme case: which involves brutal and the merciless killing of female- the
so-called honour killing.
However, it would be grossly wrong to consider that only women are the victims of crime of
honour.
Causes
As per the Amnesty two main factors can be held to be responsible for crime against women
namely:
a) Patriarchy and Social Control: Women in the past have always been considered to be a
commodity/ property and have never been treated equal to men.
b) The woman is considered to embody the honour of the man: Men have a feeling that women
personify the honour of the males to whom they are related.
c) Lack of Awareness and Education: In rural areas, a lack of education and awareness
perpetuates regressive attitudes toward individual rights, especially women’s rights.
d) Social Acceptance: Community approval of such killings due to cultural norms leads to social
sanction of such heinous acts.
Role Of Law
In India, there is no specific law against honour killings, but such acts are treated as murder
under the Indian Penal Code (IPC)
Section 302 IPC: Provides for the punishment of death or life imprisonment for murder.
Section 307 IPC:Addresses attempts to murder.
Section 120B IPC (Criminal Conspiracy): This section is often invoked when family members
conspire together to carry out an honour killing.
Section 34 IPC (Common Intention): If multiple family members commit the crime collectively,
they can be charged under this section.
Honour killings represent a gross violation of the fundamental rights guaranteed by the Indian
Constitution. Primarily, such acts infringe upon Article 21, which provides for the right to life
and personal liberty, including the right to marry a person of one’s choice, as upheld by the
Supreme Court in various rulings. Courts have directed authorities to offer shelter and protection
to such couples to prevent honour killings. In Shakti Vahini v. Union of India (2018), the
Supreme Court of India issued strict guidelines to curb honour killings and emphasised that the
right to choose a life partner is an intrinsic part of Article 21 of the Constitution.
Honour killings also violate Article 14, which ensures equality before the law and equal
protection of the law, as victims, often women, are targeted based on discriminatory social
norms.
Furthermore, Article 19(1)(a) guarantees the freedom of speech and expression, which includes
individual autonomy in personal matters such as marriage and relationships.
Landmark Cases:
1. Manoj-Babli Honour Killing Case-
This case involved the murder of a young couple who married against the wishes of the
Khap Panchayat in Haryana. A Khap Panchayat ordered their killing as they were from
the same gotra (clan). The court sentenced five of the accused, including family
members, to death, and this was one of the first cases where capital punishment was
given for an honour killing in India.
2. Lata Singh v. State of UP (2006)-
In this case, the Supreme Court reaffirmed the right of an adult woman to marry the
person of her choice, irrespective of caste or religion, and condemned the actions of the
family for harassing and threatening her.
B. WITCH HUNTING
Introduction:
Witch hunting is the practice of accusing individuals, often women, of witchcraft or
sorcery and subjecting them to violence, ostracism, or even death. In India, this practice
persists in certain rural areas, driven by superstition, gender bias, and socio-economic
factors. Women, particularly widows, elderly women, or those with no male protectors,
are the most common targets of such accusations.
Witch hunting is based on the belief that certain individuals possess supernatural powers,
which they use to cause harm to others, such as through illness, death, or misfortune. In
many cases, witchcraft accusations are made by community members or family members
who seek to control women’s land, property, or autonomy.
The label of a "witch" serves as a justification for violence, often aimed at silencing or
oppressing women who do not conform to traditional gender roles or are seen as a threat
to local power dynamics.
Causes of Witch Hunting:
1. Superstition and Belief in Witchcraft: Witch hunting thrives in communities where
education is limited, and belief in supernatural causes for diseases or misfortunes is
prevalent.
2. Gender and Power Dynamics:Patriarchy plays a major role, with women being
disproportionately accused of witchcraft as a way to control or subjugate them. Women
who are independent or live without male guardianship are often vulnerable.
3. Property Disputes: In many cases, women are branded as witches to force them to give
up land or property rights, particularly in regions where women’s land ownership is
resented.
4. Social Conflict: Accusations of witchcraft are often used to resolve disputes, blame
others for personal misfortunes, or scapegoat vulnerable individuals for community
issues like poor harvests or disease.
Legal Framework Addressing Witch Hunting in India:
Although there is no national law specifically addressing witch hunting in India, several
states have enacted laws to curb the practice, and existing laws under the Indian Penal
Code (IPC) are used to punish offenders.
1. Section 302 IPC (Punishment for Murder): Witch hunting, which often leads to
murder, is punishable by death or life imprisonment under this section.
2. Section 307 IPC (Attempt to Murder): In cases where the victim survives, the
perpetrators can be charged under this section.
3. Section 323 IPC (Punishment for Voluntarily Causing Hurt): Accusing someone of
witchcraft and causing physical harm can be charged under this section.
4. The Prevention of Witch Hunting Act, 1999 (Bihar): Bihar became one of the first
states to enact a law specifically criminalising witch hunting, with provisions for
punishing individuals involved in accusing, torturing, or killing women branded as
witches.
5. The Witchcraft Prohibition Act, 2005 (Chhattisgarh) and the Odisha Prevention of
Witch-Hunting Act, 2013: This law aims to provide protection against witch hunting and
imposes penalties on those who accuse or prosecute individuals suspected of witchcraft.
Constitutional Aspect:
Witch hunting violates the fundamental rights guaranteed under the Indian Constitution,
particularly Article 21 (Right to Life and Personal Liberty), as it leads to violence,
harassment, and even death of the accused individuals. The right to equality under Article
14 and the right against discrimination under Article 15 are also violated, as women are
disproportionately targeted based on superstitious beliefs.
Landmark Cases:
The judiciary has played a significant role in recognizing the grave human rights
violations caused by witch hunting
1. Nathuni Devi v. State of Bihar (2016):
In this case, the Patna High Court convicted five individuals for the brutal murder of a
woman accused of witchcraft. The court emphasized that such practices are a result of
ignorance and superstition and must be eradicated through strict legal enforcement and
education.
2. State of Assam v. Anima Baruah (2015):
In this case, a woman was assaulted and accused of being a witch by a group of villagers
in Assam. The court recognized that the attack was driven by superstition and reinforced
the need for swift action to prevent witch hunting incidents.
Efforts for Prevention:
Apart from legal measures, government and non-governmental organizations (NGOs)
have been working to raise awareness in regions prone to witch hunting. Programs aimed
at educating communities about the dangers of superstition and the value of women’s
rights have been launched. States such as Jharkhand, Odisha, and Assam have initiated
anti-witch hunting campaigns, and protection homes for victims have been established in
some regions.