[Gender equality] Not one for multiplying laws, implementation is what matters: Justice Asha Menon

Justice Asha Menon of the Delhi High Court on Thursday observed that rather than the enactment of more new laws, it is the implementation of existing gender equality and women protection laws that matter. .Justice Menon made pertinent observations on the issue as part of a discussion hosted by the Delhi High Court Women Lawyers Forum on Evolving a Feminist Jurisprudence..On being asked a question on the Indian legal framework for the protection of women, in line with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Justice Asha Menon noted that India has enough laws to protect women. It is on the implementation from where we take a hit, she pointed out..“We have enough laws to protect women in the home, the office, against bodily energy, whether domestic or criminal like sexual offences. We have beneficial legislation for taking care of women ... I think India has responded to many of the international obligations but when it comes to the implementation, you look left and right and wonder what went wrong", she observed. .To explain, she took the example of labour laws meant for the welfare of women. She noted that when one engages women labour, the law requires the provision of a toilet within 10 meters, a creche etc. These are in statute books, but when you go to any labour site, you are not going to find these, Justice Menon said..While speaking on gender sensitisation, Justice Menon opined that at least currently, in law schools, there is mutual regard for both genders, something that was not as common in earlier times. .She went on to highlight that gender sensitisation must begin in law schools and not be reserved for judicial academies. Most lawyers arguing before the Court do not understand how to address women, she added..In this regard, Justice Menon recalled an incident where while hearing a dowry case, a male lawyer asked the woman complainant "tumhari maa bhi dahej mein aayi thi? (Did you mother come as Dowry with you?)” .Justice Menon recounted that she took offence and admonished the lawyer even before the complainant said anything, since it was offensive to the woman. .Another topic of importance that Justice Menon touched upon was the difficult choice a woman lawyer has to make between a career and a family..“In most areas of work, a woman is at a disadvantage because sometimes she has to choose between a family and a career. It is a difficult question. Every woman deserves to have a family ... If a woman lawyer takes a hiatus to bring up her children, there is no handholding, no bridge to allow her come back and start where she left", she observed..The co-speaker for the event, Nishtha Satyam, Deputy Country Representative, UN Women India, emphasised that it is time to move from a "gender sensitive" to a "gender-responsive" approach..A gender resposive approach essentially means recognition of the different needs one has as a woman, she explained. Satyam further opined that the focus needs to shift from tackling symptomatic barriers to gender equality to structural barriers. .On a related note, she also pointed out that the emphasis should be on the participation of women and not merely their representation in various activities. Does representation necessarily mean participation of women, is a question we must ask ourselves, she observed as the event came to a close. .Advocates Aaliya Waziri and Anushka Baruah moderated the discussion.