P: ISSN No. 2394-0344 RNI No.  UPBIL/2016/67980 VOL.- VIII , ISSUE- I April  - 2023
E: ISSN No. 2455-0817 Remarking An Analisation
Identity Politics and Gender Justice
Paper Id :  17484   Submission Date :  08/04/2023   Acceptance Date :  17/04/2023   Publication Date :  20/04/2023
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Prateek Kumar Gupta
Research Scholar
Political Science
Lucknow University
Lucknow,Uttar Pradesh, India
Sanjay Gupta
Professor
Political Science
University Of Lucknow
Lucknow, U.P., India
Abstract Identity politics and gender justice are intertwined. Societies are divided along the line of caste, class, race, gender, ethnicity, language or religion etc. and communities are formed on shared identities. Women and LGBTQ either outcaste or marginalized are treated differently and put on disadvantage. With the advancement and industrial development brought by technological revolution, a new age of recognition of identities and identity politics emerged. The gender based discrimination in the light of Race, Class, Caste, Religion, Nation and Myth have catastrophic effect on individual. Women of colour may have to face different challenges on their workplace due to both the gender and race, similarly the lower caste women have to carry the burden of Past. The rise in hate crime, violence and harassment states their condition in modern time along with different challenges like bonded labour, prostitution, human trafficking etc. The prejudice and number of hate crimes increasing rapidly against Muslim women especially, with them who wear Hijab or Burka. Myths also play major role in the shaping of attitude towards different genders and determines their role in society. With the upsurge of Identity politics demand for gender justice and gender equity gained momentum. The vulnerable and the marginalized are raising their voices and making their ways to the main stream with the help of Identity politics by depleting the gender discrimination and promoting the recognition of different identities like Race, Class, Caste etc.
Keywords Identity Politics, Gender Justice, Gender Equity, Prejudice, Technological Advancement, Race, Caste, Class, Religion.
Introduction
Identity politics is a political ideology that focuses on the social and political issues affecting specific groups based on their identity traits, such as race, gender, sexual orientation, and religion. The idea behind identity politics is to empower these groups by giving voice to their experiences and concerns, which are often marginalized or ignored by the dominant culture and political establishment (Shilpa 36). Politics means to assert and gain power and claim what is yours and rightful. Individual has mainly two identities one with which they are born like race, sex, etc. and another is created by society like caste, class gender, nationality, religion or myths. The roots of identity politics can be traced back to the civil rights and feminist movements of the 1960s and 1970s, which sought to address the historical marginalization and oppression of certain groups in society. Over time, identity politics has expanded to encompass a wide range of social and political movements, from LGBT rights and disability rights to Indigenous rights and environmental justice. At its core, identity politics is about acknowledging and valuing the diverse experiences and perspectives of different groups in society. It recognizes that people's identities are shaped by factors such as their race, gender, sexuality, religion, culture, and history, and that these identities can have a profound impact on their lived experiences and opportunities. By centring the voices and experiences of marginalized groups, identity politics seeks to challenge the dominant narratives and power structures that have historically excluded or silenced these voices. Identity politics emerged in response to historical and ongoing oppression, discrimination, and exclusion faced by marginalized groups. It argues that these groups have unique experiences and perspectives that must be recognized and addressed by the political system. By focusing on the experiences and struggles of specific communities, identity politics aims to challenge the notion that political and social issues can be understood and addressed through a universal or neutral lens. Gender is a socially constructed concept which is based on the roles or expressions and identities of boys, girls, women and men. Women are considered to be a caregiver and men breadwinner. It defines how one perceives other, distribution of power and resources in the society. There are prejudices and biasness adhered to particular gender and thus becomes reason for discrimination and mistreatment. Gender dynamics have largely been intensified by simple dichotomies between the sexes and its related products and practices. Roles of every gender are predefined in society and they have to work in line of that role. In early age the physical differences were the major factor for defining the role of an individual. The hunter and gatherers had distinct method of surviving and masculinity reasoned to be solely attributed to run the society. Women were given house chores and rearing of children. She had no say in economic activity or foreign affairs. Gradually they became completely dependent on the other sex for their livelihood. Atrocities and mischief became normal law of the land. Renaissance in Europe brought many changes including the demand of equal right for women. Literature became the sword in the hand of women to resurrect their right. Increasing demand for labour in capitalist society enhanced their participation in public along with house chores. The technological advancement and with the rise of various human right groups the demand for equality gathers more momentum. Mill’s idea of equal right for women against subjugation gained popularity. Several women groups and individuals started to call themselves feminist and feminism, a new ideology congregated huge crowd. Gender justice became principle. With the demand for equal political right, adult franchise, equal protection of law, equality in diverse area like jobs, in family and at representation level forth came. The questions were raised on unequal treatment and considering one gender superior over other thus giving them upper hand, gender injustice. Politics of gender or gender in politics is a phenomenon which studies the relationship between different genders and politics. Gender politics is targeting a particular gender to gain their vote in exchange to fulfil their specific demands. LGBTQ+ community are still facing severe challenges in various societies. Lesbian, gay, bisexual and transgender people are more likely to experience intolerance, discrimination, harassment, and the threat of violence due to their sexual orientation, than those that identify themselves as heterosexual (Subhrajit 317). It is considered to be against nature which is inappropriate because the law of nature is not written in any specific book. The norms are created by society and thus can be changed or must be changed in modern era. The so called proud society is rejecting the right of pride without any logical reasoning. The transgender in India known as third sex have to beg because of unacceptance by society. The Supreme Court ruling or government policies are one way but behavioural change is the right way to include them in mainstream. Identity politics recognises these specific genders and provides them proper opportunity to address there problems, there inclusion in mainstream and eradication of gender injustice. Individual have different identity instead of gender and in specific gender the injustice changes their form in light of race class caste religion nation and myths. The women of different castes in India are treated differently. The women of lower caste have to suffer not only gender based discrimination but also the caste and religion based injustice. The women in America from Afro-American race are mistreated.
Aim of study 1. To Analyse how Identity politics works in the emancipation of different genders in the light of Race, Class, Caste, Religion, Nation etc. 2. How identity politics plays major role in Gender Justice. 3. How government policies and court rulings strengthen the concept of Gender justice.
Review of Literature

Women in Politics: Gender, Power and Development by Mariz Tedros, studies different women from different region of world and who are active in formal political system and analyses their experiences and struggle for power, women’s engagement in political competition. It presents very optimistic picture of their efforts to change and empower within political system in their constituencies and triumph over patriarchal interest.

Challenging Corporate Power: Struggles for Women’s Right, Economic and Gender Justice, by Rachel Moussié discusses the women human rights defenders challenging corporate power globally. ‘The women fighting for land, territory and the protection of the Earth;’ ‘the women trade unionists and workers’ movements fighting for rights and dignity;’ ‘the women fighting for their self determination and freedom against male dominant capitalism and corporatism.’

A V Satish Chandra in the book Politics of Identity, Gender and Development compiled various papers on identity politics, challenges face by LGBTQ+ communities and politics of development. The book dwells on the issue of inclusive development and debates on the merits and demerits of identity politics.

Main Text

Identity Politics and Gender Justice

“Gender equality is more than a goal in itself. It is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance”- Kofi Annan.

Gender biasness and prejudice towards a particular gender is very common norm in every society. Gender Exclusion and Gender selectionism is very prevalent in all culture surpassing other differences. From birth the nurture and grooming of men are done in a patriarchal and male dominant society hence shaping the attitude and behaviour inappropriate to other gender. The paradox with gender discrimination is that most people do not recognise or know that they are discriminating or having biasness towards particular gender which is known as Unconscious gender bias. It is defined as involuntary and self induced mental associations based on gender, originating from orthodox, norms, values, traditions, culture and experiences (ACT/ EMP 5). Gender stereotyping and sexism exists in urban subculture like it does in rural and rudimentary culture. Discrimination based on gender, subjugation and suppression of women in every society has very long history. Transformation in most societies as Marx describes from primitive to serfdom to feudal and lastly bourgeois, the division of labour has primarily stemmed from physiological differences between the sexes, leading to the power resting with the men, resulting in the established gender hierarchies degrading the dignity of other gender.

In ancient Greece, the first democracy in the world, women were treated inferior to men. Tracing the gender discrimination back to ancient Greece, Kayla Huber writes about how Aristotle did not consider women efficient and excluded them from citizenship. Plato in his book ‘Republic’ argued in favour of women. Plato noticeably encouraged the idea that in an ideal society, every single person would receive training and an education, regardless of sex. Plato himself believed that women is not as strong as men physically but he inducted in Laws that women would become equal to men if they were given required training. For a very long period of time they were suppressed and used as a trophy in a war, treated as a slave or trafficked for economical and prostitution purpose. Thus they were objectified and used as a prop for entertainment. The first modern democracy in the world, Great Britain women were not given voting right similarly in USA after the enactment of constitution black women and men were treated as slave and no rights were given to them. The voices of other communities like gay or homosexual were suppressed badly. They were not recognized as gender and were stoned to death or hanged as homosexual were not recognised by law thus making it illegal. It was considered to be disease and were isolated and treated badly. Transgender were considered punishment of God and were treated inferior. Opportunities were very limited and they were not treated with dignity. Women’s work is often undervalued and underpaid. Women candidates are frequently subjected to extra scrutiny in jobs. Gender parity is not in a very good shape, according to the Global Gender Gap Report 2022, it will take another 132 years to eradicate the global gender gap. As problems are increasing manifold, women's workforce results are very poor and the issue of global gender parity backsliding further augmenting.

Women from different race, class, caste, religion etc. are facing different challenges, other identities including gender, determine there treatment in society. Identity politics is motivated by a sense of injustice, exploitation, misrecognition, atrocities or impartiality (11). The selection and exclusion of specific gender for economic gain solely based on physical appearances are form of gender injustice. The privatization of land and natural resources displaces women farmers and indigenous communities and violates their right to land, food, water and a livelihood. The extraction of natural resources through agribusiness, hydropower, and mining leads to ecological damage and contributes to climate change that will disproportionately affect women in the global South. Finally, the militarization and criminalization of social movements and the working class by corporate power is expressed through systemic violence against women and oppressed groups. Women in US especially black were treated differently, racism and sexism impacts women of colour in professional settings. Research shows that both factors negatively affect women in a variety of jobs through stifled leadership opportunities, the ongoing continuation of specific forms of sexual harassment, and miniscule but extensive doubts about competence, intelligence, and skill that are unrelated to actual performance. The U.S. Congress ratified the 19th amendment in 1920, which stated that women could not be denied the franchise (universal suffrage) because of their sex. This amendment was the result of very long endeavour from many women (and some men) that established that denying right to vote then, as now, was a stigma on the nation and inhibited the U.S.’ potential to achieve its desired aim of becoming a functioning democracy. In USA women are participating more and more in economic and political activity but women of colour still lag behind (12). Similarly Muslim women faces the same trouble as others like access to employment, gender pay gap, domestic and physical violence and other harassment but in addition other factors such as perceived religion or ethnicity worsen the situation; they are main target of Islamophobia, hate speech and violence especially if they wear headscarf (13). Muslim women have been prohibited from wearing hijab or burka in a number of country i.e. France or at some specific places like schools or college in few Indian states. They have been discriminated, less job offers or fired from jobs, denied access to public places, and otherwise discriminated against because they wear hijab (14). In Netherlands and France, respectively 90% and 80% of the victim of islamophobia incident in 2014 and 2015 were Muslim women; most of them were wearing a visible religious symbol. Various human right groups and several governmental policies like reservation of seats for different gender groups in different public profession and in legislatures made their demands more sounding and compelling. It is assumption that education makes difference in gender discrimination. The survey by General social service (GSS) shows that in gender discrimination social class matters great deal. Women with lower education holds less prestigious jobs results in very minimal income and less option of promotion or increments while women with higher education faces higher rates of discrimination. Women working in high paying jobs are more likely to work alongside more men. Thus more likely to be a target of gender discrimination and biasness.

In Indian Context

In Vedic period it was assumed that women were treated alike men and enjoyed equal status. There were many evidence of Upanayana samsakara (rites of passage that marked the acceptance of a student by a preceptor) of women. There are several eminent erudite women seer and sage examples have been cited in Vedas and Upanishads. In contrast to the Vedic period the condition of women plummeted and there upanayana samsakara were stopped. Gradually there participation in other economic activity prohibited which resulted in complete dependence on men for their survival. Historical practices such as Child Marriage, Sati, Niyog Pratha, killing of Girl Child, Jauhar, Devdasis and Purdah were a few traditions reflective of the gender biasness in Indian Society. Though these practices are largely defunct now, due to legal reform, the ethos of the debilitated gender equity still is widespread and manifested today through domestic violence, trafficking, dowry deaths, female infanticide, female foeticide, sexual objectification and violence and sexual harassment at work place. In India women from different classes were facing different obstacles. Women from lower caste have to serve not only to their male counterparts but they were not treated alike upper caste women. The crime against SC and ST women are on rising as stated by National crime record bureau (NCRB) which includes offences of rape, insult to modesty, attempt to rape, and assault on women to outrage her modesty, insult to modesty, acid attack, kidnapping and abduction to compel her to marriage. Parliamentary standing committee report on atrocities and crimes against SC, ST women and children claims that there has been an increase of 15.55 percent in the last three consecutive years(2017-2019), the rate of conviction under Prevention of Atrocities(PoA) Act in the same period has been as low as 26.86 percent, with pendency as an alarming 84.09 percent (15).

Number of legislations has been passed and several policies have been enacted to address the issue of gender disparity and aspire to secure the gender justice in various sphere of social and personal life. The Protection of Women from Domestic Violence Act, 2005; the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; the Immoral Traffic Prevention Act, 1956; the Commission of Sati (Prevention) Act, 1987; the Transgender Persons (Protection of Rights) Act, 2019, the Indecent Representation of Women (Prohibition) Act, 1986, etc. are few examples of legislations enacted by the government.

Role of Judiciary in Ensuring Gender Justice in India

1. Vishakha v. state of Rajasthan: Gang rape of Bhawridevi on Sep 22, 1992. Naina kapur lawyer filed a PIL in SC to challenge the sexual harassment in the workplace. A three judge bench delivered the Vishakha judgement in 1997 issued several guidelines to be followed in workplace which resulted into an enactment in 2013.

2. Mrs. Akella Lalitha v. Sri Konda Hanumantha Rao & Anr. : The Supreme Court in decree stated that a widow who remarries can decide the surname of the child. The Court stated that the mother being the only natural guardian of the child after the death of the biological father has the right to decide the surname of the child. Also she has the right to give the child for adoption.

3. The Secretary, Ministry of Defence v. Babita Puniya & Ors., SC held the permanent commission of women in defence. Court also held that the women in Short service commission officers shall be entitled to exercise their option for being considered for the grant of Permanent commission on the same term as their male counter parts.

4. Aparna Bhat & Ors. V. State of MP & Anr. 2021 SC ruled against any leniency in sexual harassment case in which the molester by using any captivating offer to the victim to gain bail is unacceptable and it has the effect of diluting and eroding the offence of sexual harassment and the faith in judiciary system.

5. In 2022 SC reiterated its earlier judgement. SC held that the two finger test is unconstitutional. It violates the right to privacy of victim.(16)

By leaving half of the population behind, no state can achieve the greatness that it deserves. Development of a nation is a development of its citizens which includes every individual from different gender, race, class, caste or religion. Decision making power and ownership right must be distributed and decentralized. Since the 1990s, gender quotas have been celebrated for improving women’s equality. Yet their cross-national and longitudinal impact on attitudes toward female politicians and the mechanism through which this process occurs are not well understood as stated by Kim Jessica in her article. Unconscious gender bias remains a significant barrier to women’s career advancement. Gender sensitization must be added in education curriculum. As we are thriving to achieve sustainable development no one should be left behind because of there identity. Without any identity one will becomes alien and nothing to relate or oblige which can result in turmoil. Community or nation is formed on share identity or culture. ‘Gender Equality’ is the 5th goal among the 17 Sustainable Development Goals (SDGs) adopted by the United Nations. Thus gender discrimination must be condemned and gender justice shall be cherished. The research by OECD finds critical evidence linking improving gender equality to many key factors for economic growth, drawn from a huge literature on the links between gender and development objectives. Gender equality can contribute significantly to economic growth through increasing the stock of human capital, physical capital, market competitiveness and agricultural productivity. A great nation is where every single individual have equal rights and opportunities without any discrimination, where every identities are respected and every voices are heard. Diversities must be celebrated and differences should be respected.

Methodology
Analytical and descriptive.
Tools Used Books, articles and secondary sources.
Conclusion Justice is not a Privilege but a Right. The prolonged injustice based on Gender has changed its shape but still prevails in line of race, caste, class, religion, nation and myths. It is deep rooted but with the advent of identity politics, recognition of specific gender has brought tremendous changes. Identity politics and gender justice are working along and helping each other to fulfil the dream of Egalitarian society. In many countries the Law of recognition of LGBTQ community or Act to establish equal pay, reservation of seats for women and transgender in legislature and harsh punitive action against any discrimination based on gender are enacted which is the positive outcome of gender politics. Iranian protest against compulsory Hijab, demand for an Act to recognise LGBTQ rights in India, right to education in Afghanistan, demand on ban of female genital mutilation (FGM) in many countries including India practised by Bohra community from Maharashtra, demand for behavioural changes in the light of increasing crimes against genders are few distinct examples of awakening. Still we have miles to go to fulfil the dream of a democratic society free of injustice and unfairness. Though identity politics appears to be a panacea but at last the burden lies on us to change and make gender justice a societal norm, free of impartiality as John Rawls in his theory of Justice as fairness describes a society of free citizens holding equal basic rights and cooperating within an egalitarian economic system.
References
1. N, Shilpa. “Identity Politics in India - It’s Various Dimensions.”Feb 2021.web. 2. https://cihr-irsc.gc.ca/e/48642.html 3. Subhrajit, Chatterjee. “Problems Faced by LGBT People in the Mainstream Society: Some Recommendations.” 2014. Web. 4. Tadros, Mariz.Women in Politics: Gender, Power and Development. Zed Books Ltd. 8 May 2014.Print. 5. Moussié, Rachel. “Challenging Corporate Power: Struggles for Women’s Right, Economic and Gender Justice.” 2016. Web. 6. Chandra, A V Satish. Politics of Identity, Gender and Development. Viva Books. 2021. Print. 7. https://www.kofiannanfoundation.org/our-work/gender-equality-and-inclusion 8. “Breaking barriers: Unconscious gender Bias in the workplace. ACT/ EMP Research Note .August 2017. Web. 9. Huber, Kayla. “Everybody’s a Little Bit Sexist: A Re-evaluation of Aristotle’s and Plato’s Philosophies on Women.” 2015. Web. 10. https://www.weforum.org/reports/global-gender-gap-report-2022/ 11. https://www.britannica.com/topic/identity-politics 12. https://www.brookings.edu/essay/women-are-advancing-in-the-workplace-but-women-of-color-still-lag-behind/ 13. https://ec.europa.eu/migrant-integration/library-document/forgotten-women-impact-islamophobia-muslim-women_en 14. https://www.aclu.org/other/discrimination-against-muslim-women-fact-sheet 15. https://theprint.in/india/governance/crimes-against-sc-st-women-children-up-15-but-conviction-rate-low-says-house-panel/626548/ 16. https://www.livelaw.in/columns/recent-important-supreme-court-judgments-on-womens-rights-international-womens-day-223272 17. Kim, Jessica et al. “Making Women Visible: How Gender Quotas Shape Global Attitudes toward Women in Politics.” Cambridge University Press.2023. Web.