Bridging the gender equality gap

AN interesting discussion was raised in the recent Federal Court decision of Mohd Helmi Anuar Mohd Kassim v PP & Other Appeals on the issue of whether the imposition of judicial whipping on male offenders below the age of 50 while female offenders are exempted from such punishment constitutes discrimination on the ground of gender and therefore contrary to Article 8(2) of the Federal Constitution.

The majority decided that while Article 8(2) prohibits discriminatory treatment, “it does not prohibit a preferential treatment of women which is a positive measure in their favour.”

The discussion led me to reflect on how, for much of my professional life, I perceived equality. For the longest time, my flawed understanding of equality was rooted in comparison. If my male colleagues could function on three hours of sleep and still report to work the next morning, I should be able as well.

If they could carry heavy boxes, I should be able to (though I would have to do so with the extra weight of an oversized handbag).

Embracing womanhood has taught me that there are certain capabilities, possibilities and conditions that sets me apart from my male counterparts.

Recognising these differences has also made me realise that, at times, preferential treatments are needed to create a level playing field for both genders to thrive – or, at the very least, survive.

This means equality should not be understood as requiring men and women to navigate identical experiences, but as creating conditions in which both can thrive according to their own realities and circumstances.

In this sense, equity and equality must go hand in hand. Equality represents the underlying principle and objective while equity is the means through which that objective may be meaningfully realised.

This is where Indian economist and philosopher Amartya Sen’s “Capability Approach”, which defines development as the expansion of human freedom rather than just economic growth, resonates.

Under this approach, individuals may require different forms of support or accommodation in order to enjoy the same substantive opportunities. If we are in agreement that every human being has an equal right to life of dignity, then it is imperative to acknowledge that one gender may require different tools or treatments to get there.

If concerns relating to safety, social barriers or harassment prevent women from accessing educational, professional, social and cerebral opportunities to the same extent as men, then targeted measures may be justified to expand their capabilities.

The objective is not to confer an unfair advantage upon women but to remove obstacles that hinder their ability to participate on equal terms.

In this respect, equality is about introducing conditions necessary for everyone to stand on equal footing. Women-only coaches, women-only parking spaces, women-only rides and women-only accommodation floors are created not as a privilege but to enhance women’s freedom of movement and participation in society.

We recognise, at least intuitively, that identical treatment across genders does not always produce fair outcomes. Yet, in the pursuit of success, productivity and the daily demands of modern life, it becomes easy to lose sight of this harsh reality.

We become so consumed by the rat race that we overlook the barriers and disadvantages that we or others may face. Whether in our workplaces, communities or social circles, we should strive to be more attentive to the obstacles that may prevent the other gender from participating fully and meaningfully.

So, ladies, womanhood is not an obstacle to overcome nor a limitation to apologise for but simply another way of existing in the world with our own strengths and possibilities.

SANDHYA SARAVANAN

Kuala Lumpur