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White Black Legal – International Law Journal · ISSN 2581-8503
A STUDY ON GLOBALISATION AND GENDER JUSTICE
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Abstract
A STUDY ON GLOBALISATION AND GENDER JUSTICE CHAPTERIZATION
AUTHORED BY - NITHYA SRI. S
RESEARCH GAP
Existing studies
discuss globalisation and women’s empowerment, but there is limited focus on
whether it has achieved real gender justice
in India. Issues
like workplace discrimination, digital inequality, informal work, and intersectional factors
are not fully explored. This study
addresses these gaps by examining the link between globalisation and gender
justice and suggesting necessary legal and policy reforms.
CHAPTER I – INTRODUCTION
1.1
Background of the Study
Globalisation
is the process through which countries, economies, societies and people become
increasingly connected through international trade, investment, technology,
communication and movement
of people. It has brought
significant changes in employment,
education, business and social relationships. However, its impact is not the
same for all sections of society.
Women, in particular, experience both opportunities and challenges due to
globalisation.
Globalisation
has created new employment opportunities for women in sectors such as information technology, banking, manufacturing,
education, healthcare and the service sector. It has also increased
access to education, digital
technology and international opportunities. At the same time, women continue to face
problems such as wage inequality, occupational segregation, unsafe working
conditions, sexual harassment, discrimination and unequal distribution of
unpaid care work.
Gender
justice means ensuring equality, dignity, freedom and equal opportunities for
all genders. In India, gender justice
is supported by constitutional provisions such as Articles
14, 15, 16 and 21, which provide equality
before law, prohibit
discrimination, ensure equality
of opportunity in public employment and protect life and personal
liberty.
Therefore, this study examines
how globalisation has influenced gender
equality and whether the benefits of globalisation have
been equally accessible to women.
1.2
Significance of the Study
The
study is significant because
globalisation has changed
the social and economic position of women. It has opened new
opportunities but has also created new forms of inequality.
The study helps to understand:
·
The
impact of
globalisation on women’s employment and economic independence.
·
The problem
of the gender wage gap.
·
Gender discrimination in formal and informal employment.
·
Sexual harassment and workplace safety.
·
The effect of globalisation on women’s access
to education and technology.
·
The challenges faced by migrant
and informal-sector women workers.
·
The role of constitutional and legal provisions in protecting women’s
rights.
·
The need for policies
that promote equality
and gender justice.
This
study is also relevant from a legal
perspective because economic
development through
globalisation must be accompanied by protection of fundamental rights and
dignity.
1.3
Review of Literature
Several
scholars and institutions have studied the relationship between globalisation
and gender justice.
Naila Kabeer has examined the relationship between globalisation,
employment and women’s empowerment. Her work highlights that access to paid
employment can improve women’s economic independence, but employment alone does
not automatically eliminate gender inequality.
Amartya Sen, through his work on development and capabilities,
emphasises that development should expand
people’s freedoms and opportunities. From a gender
perspective, women must have equal access to education, employment,
healthcare and decision-making.
The
International Labour Organization (ILO) has
examined gender inequalities in the labour market, including differences in
wages, employment opportunities and unpaid care responsibilities. Its studies
show that women continue to face structural disadvantages in employment.
The United Nations has
also recognised gender equality as an important component of sustainable
development through Sustainable
Development Goal 5 (Gender Equality).
Indian
constitutional and legal scholarship has further examined women’s equality
under Articles 14, 15, 16 and 21 and the protection available through
legislation relating to equal remuneration, maternity benefits and prevention
of sexual harassment at the workplace.
The
existing literature generally establishes that globalisation has a mixed
impact: it can create opportunities for women while simultaneously reproducing
existing social and economic inequalities.
1.4
Research Gap
Existing
studies have discussed globalisation and women’s employment, economic
empowerment, wage inequality and workplace discrimination separately. However, there is a need for a more integrated study
connecting globalisation with gender justice from a legal and constitutional
perspective.
There
is also a need to examine how the benefits of globalisation are distributed
among women from different socio-economic backgrounds. Women in informal
employment, migrant workers and women with limited access
to technology may experience globalisation differently from women
employed in highly skilled sectors.
Therefore,
this study attempts to examine both the positive and negative effects of
globalisation on gender justice, while connecting these issues with constitutional rights and relevant
Indian laws.
1.5
Research Objectives
The main objectives of the study
are:
1.
To examine
the concept and impact of globalisation on gender justice.
2.
To study the opportunities created by
globalisation for women.
3.
To analyse gender discrimination in employment and wages.
4.
To examine
workplace harassment and safety issues
faced by women.
5.
To study the impact
of globalisation on women in the informal
sector.
6.
To analyse
the constitutional and legal safeguards available for gender equality in India.
7.
To identify
the challenges that prevent women from fully benefiting from globalisation.
8.
To suggest
measures for promoting
gender justice in a globalised economy.
1.6
Research Questions
The study seeks to answer the following questions:
1.
What is the relationship between globalisation and gender justice?
2.
How has globalisation affected women’s employment
and economic empowerment?
3.
What are the major
forms of gender inequality that continue to exist in a globalised economy?
1.7
Research Methodology
This study
adopts a doctrinal
and descriptive research
methodology.
Nature of Research
The research
is mainly qualitative in
nature and focuses on understanding the relationship between globalisation and
gender justice.
Sources of Data
The study
relies mainly on secondary sources, including:
·
Books and textbooks
·
Research articles
and journals
·
Government reports
·
Reports of the International Labour Organization
·
United Nations
publications
·
Constitutional provisions
·
Acts and rules relating
to women’s rights
·
Judicial
decisions
·
Online legal
and academic resources
Legal Materials
The study examines relevant
constitutional provisions such as:
·
Article 14 – Equality
before law
·
Article 15 – Prohibition of discrimination
·
Article 16 – Equality
of opportunity in public employment
·
Article 21 – Right to life and personal
liberty
·
Article 39(a) – Equal
right to adequate
means of livelihood
·
Article 39(d) – Equal pay for equal work
·
Article 42 – Just and humane
conditions of work and maternity relief
Relevant legislation relating to workplace equality, maternity protection
and prevention of sexual harassment is also considered.
1.8
Limitations of the Study
The study
has certain limitations:
1.
The study is mainly
based on secondary sources and does not involve extensive field surveys.
2.
Globalisation is a broad concept, and its impact varies across countries, industries and communities.
3.
The study primarily focuses
on the Indian context.
4.
The experiences of women differ according to education, income,
location, occupation and social background, making generalisation
difficult.
5.
Due to limitations of
time and resources, the study cannot examine every aspect of globalisation and
gender justice.
6.
Changes in labour markets,
technology and economic
policies may affect
the findings over time.
1.9
Scheme of the Study
The study
is divided into different chapters
for systematic analysis.
Chapter I – Introduction:
This chapter introduces the study and explains its
background, significance, literature review, research gap, objectives, research
questions, methodology and limitations.
Chapter II – Concept
of Globalisation and Gender Justice:
This chapter
explains the meaning,
features and dimensions of globalisation and the concept of gender justice.
Chapter III – Impact of Globalisation on Women:
This
chapter examines women’s employment, economic empowerment, education,
technology, migration and participation in the global economy.
Chapter IV – Gender
Inequality and Legal Protection:
This
chapter analyses issues such as the gender wage gap, discrimination, informal
employment and workplace harassment, along with relevant constitutional
provisions and Indian laws.
Chapter V – Findings, Suggestions and Conclusion:
The
final chapter presents the major findings of the study, provides suggestions
for strengthening gender justice and concludes the research.
This scheme provides a systematic framework for understanding
how globalisation affects gender equality and the legal protection available to
women in India.
CHAPTER II – CONCEPTUAL AND THEORETICAL FRAMEWORK
2.1
Evolution and Dimensions of Globalisation
Globalisation
refers to the increasing interaction and interdependence between countries,
people, markets, institutions and cultures. It has connected different parts of
the world through international trade, investment, technology, communication,
migration and the exchange of ideas. Globalisation is not limited to the
economic sector. It also influences social relationships, education,
employment, politics and culture.
The
process of globalisation developed gradually. In the earlier period,
international interaction mainly took place through trade and migration. With
the development of transportation and communication, international connections increased. The development of the internet, digital technology and multinational
corporations further accelerated globalisation.
In
India, economic liberalisation in 1991 marked an important stage in the
expansion of globalisation. Liberalisation, privatisation and greater
integration with the world economy resulted in increased foreign investment,
international trade and the growth of private and service sectors.
Major Dimensions of Globalisation
1.
Economic Dimension
Economic
globalisation involves international trade, foreign investment, multinational
companies and integration of national
economies. It has created employment opportunities in
sectors such as information technology, manufacturing, banking, healthcare and
services.
For
women, economic globalisation has created opportunities to enter paid employment and become financially independent. At the same time, many women continue
to work in low-paid and insecure jobs.
2.
Social Dimension
Globalisation
has influenced family structures, lifestyles, education and social
relationships. Women have greater
exposure to ideas
about equality, human
rights and women’s
rights.
3.
Political Dimension
International organisations and international human rights standards have influenced national policies relating to gender
equality. Global discussions on women’s
rights have encouraged governments to introduce laws
and policies for women’s protection and participation.
4.
Technological Dimension
The internet, smartphones and digital platforms have
transformed education, employment and communication. Women can access online
education, digital banking,
employment platforms and
entrepreneurship opportunities.
5.
Cultural Dimension
Globalisation
allows people to interact with different cultures and ideas. It can challenge
traditional gender stereotypes. However, cultural globalisation can also create
concerns regarding the commercialisation and objectification of women.
Thus, globalisation has both positive
and negative consequences for gender justice.
2.2
Evolution of Gender Justice
Gender
justice means creating a society in which individuals are treated fairly and
equally irrespective of gender. It includes equality of rights, opportunities,
resources, dignity and participation.
Historically,
women faced restrictions in education, property ownership, employment,
political participation and decision-making. In many societies, women were
primarily associated with domestic responsibilities while men dominated public
and economic activities.
The
concept of gender justice gradually developed through social reform movements,
women’s movements, constitutional guarantees and international human rights
instruments.
In
India, social reformers and women’s movements played an important role in
improving women’s status. After independence, the Constitution established
equality before law and prohibited discrimination on the ground of sex.
The
understanding of gender justice has also changed. Earlier, gender equality was
mainly understood as formal
equality, meaning that men and women should
be treated equally
under law. Modern gender
justice also focuses on substantive equality, which recognises that women may
face historical and structural disadvantages and therefore sometimes require
special measures.
Gender justice
today covers:
·
Equal education
·
Equal employment opportunities
·
Equal wages
·
Political
participation
·
Protection from violence
·
Workplace
safety
·
Reproductive rights
·
Property
and economic rights
·
Digital access
·
Freedom and dignity
Therefore,
gender justice is not merely the absence of discrimination but also the creation of conditions in which women can
participate equally in society.
2.3
Feminist Perspectives on Globalisation
Feminist
theories examine how social, economic and political systems affect women.
Feminist perspectives are important for understanding globalisation because its benefits and disadvantages are not experienced
equally by all women.
Liberal Feminist Perspective
Liberal
feminism focuses on equality
of opportunity and legal rights.
From this perspective, globalisation can create
opportunities for women through education, employment and participation in the
public sphere.
However, legal equality alone may not remove social and economic
barriers.
Marxist/Socialist Feminist
Perspective
This perspective examines the relationship between women’s
position and economic structures. Women may be employed in low-paid jobs
because of economic inequality and gender-based division of labour.
Global
industries may benefit from women’s labour while offering
lower wages and limited
employment security.
Intersectional Feminist Perspective
Intersectionality
explains that women do not experience discrimination in the same manner. Gender may interact with caste, class, poverty, disability, migration status, rural location and other social factors.
For example,
the opportunities available to an educated
urban woman may be very different
from those available to a poor rural woman working in the informal sector.
Thus,
a study of globalisation and gender justice must consider the different
experiences of different groups of women.
2.4
Gender Equality, Social Justice and Intersectionality
Gender
equality means that people should have equal rights, opportunities and access
to resources regardless of gender. It does not necessarily mean treating everyone
identically in every
situation.
Social
justice focuses on fairness in society. It includes equal access to education,
employment, healthcare, economic resources and legal protection.
Gender
justice is therefore closely connected with social justice. Women cannot enjoy
genuine equality if they are denied access
to education, employment, property, technology or decision-making.
Intersectionality
Intersectionality
is a framework for understanding how multiple forms of disadvantage can operate together. For example, a woman may experience disadvantage because of gender as
well as poverty, caste, disability or rural location.
Therefore,
policies designed to achieve gender justice should recognise differences among
women rather than treating women as one homogeneous group.
CHAPTER III – GLOBALISATION AND ITS IMPACT ON GENDER JUSTICE
3.1
Globalisation and Women’s
Economic Empowerment & Employment
Economic
empowerment is an important part of gender justice. A woman who has access
to income, employment and financial resources
can have greater
independence and
decision-making power.
Globalisation has expanded employment opportunities in several
sectors, particularly:
·
Information technology
·
Banking and finance
·
Healthcare
·
Education
·
Retail
·
Hospitality
·
Manufacturing
·
Business
process outsourcing
·
E-commerce
The
growth of multinational companies and service
industries has created
new employment opportunities
for educated women.
Globalisation has also encouraged women entrepreneurship.
Women can use digital platforms to sell products and services beyond their local markets.
However,
employment opportunities are not equally distributed. Women may continue to face:
·
Gender discrimination
·
Unequal
wages
·
Occupational segregation
·
Lack of childcare facilities
·
Unsafe working environments
·
Limited
leadership opportunities
·
Insecure
employment
Therefore, increased
employment does not automatically result in complete
gender justice.
3.2
Impact on Informal Sector and Gender Wage Inequality
A
large number of women work in the informal sector. Informal workers may include
domestic workers, agricultural workers, home-based workers,
street vendors and workers in small enterprises.
Women in informal employment may face problems such as:
·
Low wages
·
Lack of social security
·
Lack of paid leave
·
Unsafe working conditions
·
Long working
hours
·
Lack of written employment contracts
·
Limited access
to legal remedies
Globalisation can increase demand
for cheap and flexible labour.
Women may become
part of global supply chains,
but their work may remain poorly paid and insecure.
Gender Wage Inequality
Gender
wage inequality refers to differences in earnings between men and women. The
reasons may include occupational segregation, differences in access to
employment, discrimination, unpaid care responsibilities and interruptions in
women’s careers.
Equal remuneration is therefore an important aspect
of gender justice.
3.3
Education, Skill Development and Technology Access
Education is one of the most important tools for achieving
gender equality. Globalisation has expanded access to educational resources through online
courses, digital libraries, virtual classrooms and international learning
opportunities.
Skill
development can help women enter new areas of employment. Digital skills are
particularly important because many modern jobs require technological
knowledge.
Technology has also created new possibilities through:
·
Online education
·
Remote work
·
Digital banking
·
E-commerce
·
Online entrepreneurship
·
Digital
government services
·
Professional networking
However,
the digital gender divide remains a challenge. Some women, particularly those
from poor or rural backgrounds, may have limited
access to smartphones, computers, internet
connectivity and digital skills.
Thus, technology can promote gender
justice only when women have equal access
to it.
3.4
Migration and Women’s Political & Social Participation
Globalisation
has increased movement of people between rural and urban areas and across
national borders. Women migrate for employment, education, marriage and other
reasons.
Migration can provide women with:
·
Employment opportunities
·
Higher income
·
Greater independence
·
Exposure to new ideas
·
Improved
social networks
At
the same time, migrant women may face exploitation, unsafe working conditions,
trafficking, discrimination and lack of access to social protection.
Political and Social Participation
Globalisation
has also increased awareness of women’s political and social rights. Women
participate in civil society organisations, international forums, social movements and digital campaigns.
Social media has provided
women with platforms
to express their
opinions and participate in public discussions. However, online harassment and unequal
digital access can limit meaningful participation.
CHAPTER IV – LEGAL FRAMEWORK FOR GENDER JUSTICE
IN INDIA
4.1
Constitutional Provisions for Gender Equality
The Constitution of India provides
the fundamental legal foundation for gender equality.
Article 14 – Equality
Before Law
Article
14 guarantees equality before the law and equal protection of laws. It prevents
arbitrary discrimination and requires the State to treat similarly situated
persons equally.
For gender
justice, Article 14 provides the basic constitutional principle of equality
between men and women.
Article 15 – Prohibition of Discrimination
Article 15 prohibits discrimination on specified grounds,
including sex.
Importantly,
Article 15(3) permits the State to
make special provisions for women and children. This enables affirmative
measures intended to address historical disadvantages faced by women.
Article 16 – Equality
of Opportunity
Article 16 provides equality
of opportunity in matters of public employment.
It is important
for women’s participation in
government employment and public institutions.
Article 21 – Right to Life and Personal
Liberty
Article 21 protects life and personal
liberty. Judicial interpretation has expanded the meaning
of life to include dignity and several conditions necessary for a meaningful
life.
Protection of women’s dignity,
bodily autonomy and personal liberty
is therefore closely connected with Article 21.
4.2
Directive Principles and Gender Justice
The Directive
Principles of State Policy provide
important constitutional guidance
for achieving social and economic justice.
Article 38
The State should promote
the welfare of the people
and reduce inequalities.
Article 39(a)
The State should ensure that citizens
have adequate means of livelihood.
Article 39(d)
It directs
the State towards
equal pay for equal work for both men and women.
Article 39(e)
It seeks to protect
the health and strength of workers and prevent abuse of workers.
Article 42
It provides
for just and humane conditions of work and maternity relief.
Article 43
It deals with living
wages and decent
conditions of work.
These
provisions show that gender justice is not limited to formal equality. It also
requires economic and social conditions that enable women to live with dignity.
4.3
Protection of Women from Domestic Violence Act, 2005
& Sexual Harassment of Women at Workplace Act, 2013
Protection of Women from Domestic Violence
Act, 2005
The Act provides civil remedies and protection to women facing
domestic violence. Domestic
violence includes different forms of abuse, including:
·
Physical
abuse
·
Sexual abuse
·
Verbal and emotional
abuse
·
Economic
abuse
The
Act provides remedies such as protection orders, residence orders, monetary
relief and compensation, subject to the statutory requirements.
The legislation is important because
violence within the home can restrict women’s
freedom, economic independence and participation in society.
Sexual Harassment of Women at Workplace Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 seeks to
provide protection against sexual harassment at the workplace.
The
Act provides for mechanisms such as the Internal Committee in workplaces
covered by the legislation and procedures for dealing with complaints.
A safe workplace is essential for women’s economic
empowerment. Protection against
sexual harassment helps women participate in employment without fear of
workplace abuse.
4.4
Equal Remuneration, Labour Laws and Role of Courts in Promoting Gender Justice
Equal remuneration is an important
aspect of gender
equality. Historically, women have faced unequal wages and discrimination in
employment.
The
Equal Remuneration Act, 1976 was enacted to provide for equal remuneration to
men and women workers and to prevent discrimination in employment on the ground
of sex. Its subject matter has subsequently been incorporated into the Code on
Wages, 2019.
Labour
laws and constitutional provisions together
seek to protect
workers and promote
fair working conditions.
Role of Courts
Indian
courts have played an important role in developing gender justice through
constitutional interpretation.
Vishaka
v. State of Rajasthan (1997) is an important case concerning sexual harassment at the
workplace. The Supreme Court laid down guidelines to address workplace sexual
harassment in the absence of specific legislation at that time.
Air India v. Nergesh Meerza (1981) is another significant case concerning discriminatory
service conditions affecting women employees.
Judicial decisions have helped develop the understanding of equality, dignity, non-discrimination and workplace
protection.
CHAPTER V – CONCLUSION
5.1
Summary of the Study
This study examines the relationship between
globalisation and gender
justice, with particular reference to India.
Globalisation has brought major changes in economic activities, employment,
education, technology, migration and social participation.
It has created new opportunities for women through
employment, entrepreneurship, education and digital technology. However, these opportunities have
not been equally available to all women.
Women working
in informal employment may continue to face low wages and lack of social
protection. The digital
divide, workplace discrimination, unpaid care work and violence
also remain important challenges.
The study therefore examines
both the opportunities and challenges created
by globalisation.
5.2
Major Findings
The major
findings of the study are:
1.
Globalisation has increased women’s
participation in several sectors
of the economy.
2.
Education and skill development have improved women’s
access to employment opportunities.
3.
Digital technology has created new opportunities for women but also created
a digital gender divide.
4.
Women continue
to be highly represented in informal and insecure employment.
5.
Gender wage inequality remains
an important concern.
6.
Migration can provide economic
opportunities but may also expose women to exploitation and insecurity.
7.
Legal protection is essential for ensuring women’s
safety and dignity.
8.
Constitutional provisions provide a strong foundation for gender equality
in India.
9.
Laws relating
to domestic violence
and workplace sexual harassment provide
important protective mechanisms.
10.
Gender justice requires
not only legal
equality but also effective implementation and access to economic and social opportunities.
11.
Intersectional factors
such as poverty, caste,
disability and rural location can affect women’s experience of globalisation.
12.
Greater participation
of women in economic, social and political life is important for achieving
substantive gender equality.
5.3
Answer to the Research Questions
The research
questions can be answered based on the findings of the study.
5.4
Concluding Remarks
Globalisation
has significantly changed the economic and social position of women. It has
opened new avenues for employment, education, entrepreneurship, technology and social
participation. However, globalisation by itself cannot guarantee gender
justice.
The
benefits of globalisation must be accompanied by effective legal protection and
social policies. Constitutional principles of equality, dignity and
non-discrimination provide the foundation for achieving gender justice in
India.
There
is also a need to address the specific problems faced by women in informal
employment, rural areas and economically disadvantaged groups. Access to
education, technology, skill development and social security should be
strengthened.
Therefore,
gender justice in a globalised society requires a combination of legal
equality, economic empowerment, social protection, safe working conditions and
meaningful participation of women in decision-making. Only when women can
equally access opportunities and exercise
their rights can the broader
objective of substantive gender justice be
achieved.
References / Books
1.
Naila Kabeer,
Reversed Realities: Gender Hierarchies in Development Thought, Verso, 1994.
2.
Naila Kabeer,
The Power to Choose:
Bangladeshi Women and Labour Market Decisions in London and Dhaka,
Verso, 2000.
3.
Amartya
Sen, Development as Freedom, Oxford University Press, 1999.
4.
Amartya
Sen, Inequality Reexamined, Oxford
University Press, 1992.
5.
Martha C. Nussbaum, Women and Human Development: The Capabilities Approach, Cambridge University Press,
2000.
6.
Vandana
Shiva, Staying Alive: Women, Ecology and Development, Zed Books, 1988.
7.
Bina Agarwal,
A
Field of One’s Own: Gender
and Land Rights
in South Asia, Cambridge University Press,
1994.
8.
Upendra Baxi, The Future of Human Rights, Oxford University Press.
9.
M.P. Jain, Indian Constitutional Law, LexisNexis.
10.
V.N. Shukla, Constitution of India, Eastern Book
Company.
11.
P. Ishwara Bhat, Law and Social Transformation, Eastern Book Company.
Major Statutes
/ Legal Instruments – India
A.
Constitution of India Important provisions:
·
Article 14 – Equality
before law
·
Article 15(1) – Prohibition of discrimination
·
Article 15(3) – Special
provisions for women and children
·
Article 16 – Equality
of opportunity in public employment
·
Article 21 – Life, liberty and dignity
·
Article 23 – Prohibition of trafficking and forced labour
·
Article 38 – Promotion of social justice
·
Article 39(a) – Adequate
means of livelihood
·
Article 39(d) – Equal pay for equal work
·
Article 39(e) – Protection of workers
·
Article 42 – Just and humane
conditions of work and maternity relief
·
Article 43 – Living
wage and decent
conditions of work
·
Article 51A(e)
– Renunciation of practices derogatory to the dignity
of women
B.
Major Acts
1.
Protection of Women from Domestic Violence Act, 2005
2.
Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013
3.
Maternity Benefit
Act, 1961
4.
Code on Wages, 2019
5.
Code on
Social Security,
2020
6.
Occupational Safety, Health and Working Conditions
Code, 2020
7.
Indian Succession Act, 1925
8.
Hindu Succession Act, 1956
9.
Prohibition of Child Marriage
Act, 2006
10.
Immoral Traffic (Prevention) Act, 1956
11.
Medical
Termination of Pregnancy
Act, 1971
12.
Transgender Persons (Protection of Rights) Act, 2019
Major International Instruments
United Nations
Instruments
1.
Universal
Declaration of Human Rights (UDHR), 1948
○ Equality and non-discrimination
○ Equal rights and dignity
2.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),
1979
○ Most important international instrument specifically dealing with discrimination against women.
○ Covers equality in political, economic,
social, cultural and employment
spheres.
○ CEDAW entered into force in 1981.
3.
International Covenant on Economic,
Social and Cultural
Rights (ICESCR), 1966
○ Equality and non-discrimination
○ Right to work
○ Just and favourable working conditions
○ Equal remuneration
4.
International Covenant
on Civil and Political Rights
(ICCPR), 1966
○ Equality before law
○ Non-discrimination
○ Equal protection
5.
Beijing Declaration and Platform for Action, 1995
○ Women’s empowerment
○ Education
○ Women’s economic
participation
○ Violence against
women
○ Decision-making
6.
UN Sustainable Development Goal 5 (SDG 5) – Gender Equality
○ Elimination of discrimination
○ Elimination of violence against women
○ Equal participation
○ Economic empowerment
○ Reproductive rights
SDG
5 specifically includes ending discrimination against women and girls and eliminating
violence and exploitation.
ILO Instruments
1.
ILO Equal Remuneration Convention, 1951 (No. 100)
○ Equal remuneration for men and women for work of equal value.
2.
ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
○ Prohibits discrimination in employment and occupation.
3.
ILO Workers with Family Responsibilities Convention, 1981 (No. 156)
4.
ILO Maternity Protection Convention, 2000 (No. 183)
5.
ILO Domestic Workers Convention, 2011 (No. 189)
6.
ILO Violence and Harassment Convention, 2019 (No. 190)
Major Cases
1.
Vishaka v. State of Rajasthan, (1997) 6 SCC 241
Importance: Landmark
case on sexual harassment at workplace.
The
Supreme Court laid down the Vishaka Guidelines to protect women from workplace
sexual harassment in the absence
of specific legislation. These guidelines later influenced the enactment of the 2013 POSH Act. Your
project already identifies Vishaka as a principal gender-justice case.
Gender justice.pdf
2.
Air India v. Nergesh Meerza,
(1981) 4 SCC 335
Importance: Discriminatory service conditions imposed on
women employees were examined under constitutional equality principles.
Your project
specifically identifies this case as an important
decision concerning
discriminatory service conditions affecting women employees.
Gender justice.pdf
3.
Anuj Garg v. Hotel Association of India, (2008) 3 SCC 1
Importance: Gender stereotypes and discriminatory restrictions on women’s employment.
4.
Randhir Singh v. Union of India, (1982)
1 SCC 618
Importance: Recognised the principle of equal pay for equal work as a constitutional goal.
5.
Mackinnon Mackenzie &
Co. Ltd. v. Audrey D’Costa,
(1987) 2 SCC 469
Importance: Equal remuneration and discrimination against
women employees.
6.
Secretary, Ministry of Defence v. Babita Puniya,
(2020) 7 SCC 469
Importance: Gender
equality and equal
opportunity for women
in the armed forces.
7.
Lt. Col. Nitisha
v. Union of India, (2021)
15 SCC 125
Importance: Important
decision on indirect
discrimination and substantive equality.
8.
Joseph Shine v. Union of India, (2019)
3 SCC 39
Importance: Gender stereotypes, dignity,
autonomy and equality.
9.
Suchita Srivastava v. Chandigarh Administration, (2009) 9 SCC 1
Importance: Reproductive autonomy and women’s
bodily integrity under Article 21.
10.
Independent Thought v. Union of India, (2017)
10 SCC 800
Importance: Protection of girls from sexual exploitation and recognition of constitutional
dignity.
Online Sources
For your online sources/bibliography, these are the best ones to use:
1.
Ministry of Law and Justice – India Code – for Acts and statutory provisions. India Code
2.
Supreme Court of India – for judgments and constitutional decisions. Supreme Court of India
3.
Ministry of Women and Child Development, Government of India
– policies, reports and women’s welfare programmes.
Ministry of Women and Child Development
1.
United Nations – Women –
international gender-equality resources and
reports. UN Women
2.
United Nations
Sustainable Development Goals – SDG 5 and gender equality
targets. UN Sustainable Development Goals
3.
United Nations Treaty Collection – CEDAW and other international treaties. United Nations Treaty Collection
4.
International Labour Organization (ILO) – gender equality, employment, wage equality and labour standards.
International Labour
Organization
1.
NITI Aayog – reports
and policy materials
concerning women, development and economic participation.
NITI Aayog
2.
National Commission
for Women (NCW) – women’s rights,
complaints, reports and legal resources.
National Commission for Women
3.
Indian Kanoon
– useful for locating Indian
judgments and legal materials.
Indian Kanoon
Footnotes / Sources:
Naila Kabeer, Reversed Realities
(1994); Amartya Sen, Development as Freedom (1999); ILO and UN materials.
Footnotes / Sources: Constitution of India, Arts. 14, 15, 16, 21, 39(a), 39(d) and 42.
Footnotes / Sources: Economic liberalisation in India: Liberalisation, Privatisation and Globalisation (1991).
Footnotes / Sources:
UN and international human-rights standards relating to gender equality.
Footnotes / Sources:
Gender justice:
substantive equality and protection against structural disadvantage.
Footnotes / Sources:
Intersectionality and feminist perspectives discussed in the study.
Footnotes / Sources:
Issues of informal employment, gender wage inequality and unequal remuneration.
Footnotes / Sources: Digital access, education
and technology as discussed in the study.
Footnotes / Sources:
Issues relating to migration,
exploitation, social protection
and women?s participation.
Footnotes / Sources: Constitution of India, Arts. 14, 15, 16 and 21.
Footnotes / Sources: Constitution of India, Arts. 38, 39(a), 39(d), 39(e), 42 and 43.
Footnotes / Sources: Vishaka v. State of Rajasthan, (1997) 6 SCC 241; Air India v. Nergesh Meerza, (1981) 4 SCC 335.
Footnotes / Sources: Findings are based on the study?s analysis
of globalisation and gender justice.
Footnotes / Sources:
Constitution of India; Protection
of Women from Domestic Violence
Act, 2005; POSH Act, 2013; Code on Wages, 2019.
Footnotes / Sources: UDHR (1948); CEDAW (1979); ICESCR (1966); ICCPR (1966); Beijing Declaration (1995); SDG 5.
Footnotes / Sources: ILO Conventions Nos. 100, 111, 156, 183, 189 and 190.
Footnotes / Sources:
Vishaka; Air India v. Nergesh Meerza; Anuj Garg; Randhir Singh; Mackinnon Mackenzie;
Babita Puniya; Nitisha; Joseph Shine; Footnotes / Sources:
Online sources listed in the project:
India Code, Supreme Court of India, UN, ILO, NITI Aayog and NCW.
How to Cite This Article
NITHYA SRI. S, A STUDY ON GLOBALISATION AND GENDER JUSTICE., White Black Legal – International Law Journal, ISSN: 2581-8503, Vol. Volume 4, Issue VOLUME 4 ISSUE 2, October 2026, pp. 952-975. Available at: https://www.whiteblacklegal.co.in/details/a-study-on-globalisation-and-gender-justice
Author & Publication Record
Authors: NITHYA SRI. S
Registration ID: 107182 | Published Paper ID: WBL7182
Year: Oct- 2026 | Volume: 4 | Issue: 2
Approved ISSN: 2581-8503 | Country: Delhi, India
Page No.: 952-975
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