- A dissection of the proposed Bill on a Nat’l Policy including institutional-level gender focal points
The recently issued Bill on the formulation and implementation of the National Policy on Gender Equality and the Empowerment of Women entails a number of measures and regulations aimed at promoting and strengthening gender equality both in the general society and at the institutional level. It also provides for the appointment or the designation of an officer known as the ‘Gender Focal Point’ in institutions to ensure the gender equality of persons of different gender identities, among other measures.
The Bill, which was issued last week by the Minister of Women, Child Affairs and Social Empowerment, will be referred to as the Gender Equality Act, No. of 2024.
The Bill noted that the Constitution recognises that all persons are equal before the law and entitled to equal protection of the law and are entitled to all rights and freedoms without discrimination based on race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds. Adding that the State ensures equal opportunity to all persons irrespective of differences in sex or gender identity in the said Policy, it further described that the Constitution also recognises special provisions being made by law, subordinate legislation or Executive action for the advancement of women in order to eliminate gender disparity.
Bill’s objectives
Under Section 2, the Bill explained the objectives of the Act.
They are, establishing and facilitating gender equality principles in making social, economic, political, cultural and technological policies; ensuring that every person enjoys, without discrimination based on sex or gender identity, the fundamental rights and freedoms guaranteed by the Constitution; facilitating the identification and elimination of systemic and structural causes of gender inequality and gender based discrimination, including direct and indirect discrimination, multiple and intersectional discrimination, in policy, programmes and the delivery of services to persons of different gender identities; taking measures to redress disadvantage, marginalisation, sexism, stigma, categorising, stereotyping, prejudice and violence; to accommodate men, women and persons of different gender identities through structural change; and protecting human dignity irrespective of sex or gender identity.
In addition, the Bill aims to provide equal opportunities and an enabling environment to achieve results on gender equality, and establish principles of gender equality, and ensure compliance of such principles in the conduct of public institutions, businesses, civil society organisations, employment and other legal entities and individuals. “Every person shall have the right to gender equality and no person shall be denied of such right,” the Bill said.
Gender Equality Council
The Bill provides for the establishment of a Gender Equality Council, which will have a number of powers, duties and functions pertaining to gender equality related matters.
This includes recommending measures to the Government on the promotion, protection, upgrading and advancement of gender equality, and having an integrated machinery for the implementation of the said Policy. The Council is also expected to scrutinise pending Bills before the Legislature which may have an impact on women from a gender equality and women’s empowerment perspective, and to initiate and implement schemes for the promotion, protection and advancement of gender equality. Adding that the Council will advise the Minister on the formulation of regulations and directions as required under this Act, the Bill said that it will also give such directions and take all such other measures as are necessary in consultation with the relevant public institutions and private institutions, to promote the furtherance of and the safeguarding of the right to gender equality.
The Bill described the other powers, duties and functions of the Council: “Identify the principal causes of gender inequality and promote effective measures for its prevention and control; and reporting to the Minister with a copy to the Women’s Caucus of the Parliament on the mainstreaming of gender issues and regarding steps to be taken for implementing. Provide necessary support to public and private institutions for taking special measures to implement the said Policy. Evaluate public and private institutions in the implementation of the said Policy. Undertake research, educational programmes and other measures including gender mainstreaming and digitalisation for the purpose of promoting gender equality, in the society and in workplaces”.
In addition, the Council will organise periodic awareness training programmes on gender equality to Government officials and the general public.
As per the Bill, within six months of the end of each financial year, the Council will submit to the Minister an annual report of the activities carried out by the Council during that financial year.
The Council will consist of five ex-officio members. Among them will be the Secretaries to the Ministries of the Ministers assigned the subjects of Women, Justice, Education and Youth Affairs, or their representatives holding a post not below the position of an Additional Secretary, and also the Inspector General of Police or his/her representative not below the rank of a Deputy Inspector General of Police. In addition to those members, the Minister will appoint four members to the Council, i.e. two persons from among persons who have achieved eminence in the fields of gender studies and health studies, and two persons among persons who have achieved eminence in the field of human rights or social empowerment. The Minister will appoint one of the appointed members who has excelled in the promotion of gender equality to be the Chairperson of the Council.
The meeting of the Council will be held at least once in every month and the quorum for a meeting of the Council will be five members. All questions for decision at any meeting of the Council will be decided by the vote of the majority of the members present at such meeting. In the case of an equality of votes, the Bill said, the Chairperson will have a casting vote in addition to his/her vote.
Subject Minister’s role
For the purpose of achieving the objects of the Act and implementing its provisions, the Minister will be responsible for a number of tasks. Prescribing a framework to facilitate and ensure gender equality in consultation with the Council; issuing guidelines by way of regulations for the development and implementation of the framework including plans and measures undertaken by public and private institutions; collecting, analysing and the updating of information on the plans and measures submitted annually by public and private institutions for the implementation of the framework, were some of the tasks. The Bill said that under this law, implementing regular monitoring and evaluation measures to ensure that administrative procedures and practices of public and private institutions are in accordance with the accepted norms and standards on gender equality as per the said Policy was also a task for the Minister.
Moreover, the Minister will be responsible for prescribing measures and mechanisms for the protection, promotion and strengthening of gender equality, and prescribing the manner of establishing a support system for assisting persons of different gender identities to obtain redress for gender based violence and discrimination.
Gender Focal Point
As per the Bill, every public and private institution should appoint or designate from amongst its staff a person responsible for identifying and reporting activities relevant to gender mainstreaming and gender equality. They will be known as the ‘Gender Focal Point’ (in those institutions).
“The Gender Focal Point shall be an officer who holds a position not below an Additional Secretary, or an Additional officer or a Deputy to the Head of the respective institution, and be the main point of contact in the respective institution with regard to addressing gender issues. Each Gender Focal Point shall prepare a plan of activities targeting their areas of responsibility and report directly to the Council on a quarterly basis with a copy to the Women MPs Caucus,” it explained.
Noting that each Gender Focal Point should, within their respective public institution, promote the implementation of gender equality based policies and practices, the Bill described the roles and responsibilities of the Gender Focal Point. They are responsible for mainstreaming gender equalityissues in the relevant programmes, making recommendations to the Council to review and amend the policies and programmes to align with the achievement of gender equality and in accordance with gender budgeting principles in order to ensure gender mainstreaming, organising and implementing programmes, systems and measures to minimise the occurrence of gender-based discrimination or violence, conducting follow-ups, analysis and audits on the implementation of programmes from a gender equality perspective and in accordance with gender budgeting principles, endeavouring to promote the gender balance in decision making processes in order to promote the adherence to guidelines on gender equality at inquiries regarding workplace sexual harassment, creating an environment which is free of harassment and violence and set up appropriate follow-up mechanisms, providing access to counselling services and healthcare services for individuals affected by gender basedviolence or discrimination, and supporting the Council to implement the annual work plan.
Definitions
The Bill provided definitions for several terms relating to the topic of gender equality.
The term ‘discrimination’ means, “the differential treatment of an individual or group of people based on specific characteristics including race, caste, colour, sex, gender identity, national origin, language, religion, age, marital and parental statuses, disability, or health status.” The term ‘direct discrimination’ means, “different treatment explicitly based on grounds of sex or gender identity.” ‘Gender identity’ means “the cultural, economic,social and political characteristics, role and opportunities through which women, men and others are socially constructed and valued” while ‘gender-based discrimination’ means “any distinction, exclusion or restriction made on the basis of sex or gender identity which has the effect or purpose of impairing or nullifying the recognition on the basis of the equality of persons, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
As per the Bill, ‘gender budgeting’ is “an application of gender mainstreaming in the budgetary process which means a gender based assessment of budgets, policy on resource allocation and taxation, incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality.”
‘Gender equality’ means “equality between persons of different sex and gender identity without gender based discrimination and includes equal opportunity of enjoyment of, or access to education, employment, healthcare and healthcare information, private and family life, justice and dispute resolution, public places and buildings, public services, media, information and communication technologies, protection from violence, and economic, political and social activities.”
It said that ‘gender mainstreaming’ means “the process of assessing the implications for persons of different sex, gender and the gender identity of any planned action, including legislation, policies or programmes, in all areas and at all levels” while “indirect discrimination” means “discrimination that occurs when a law, policy, programme or practice appears to be neutral in so far as it relates to persons of different sex or gender identity.”