Answer :-
- Gender Justice refers to the fair and equal treatment of all genders, ensuring dignity, non-discrimination, equal opportunities, and substantive equality in social, economic, political, and legal spheres. In a society historically shaped by patriarchal norms, the Indian Constitution serves as a transformative document that seeks to eliminate gender-based discrimination and promote inclusive justice through constitutional guarantees and progressive judicial interpretation.
Constitutional Perspectives on Gender Justice
1.Equality Before Law and Equal Protection of Laws
- Article 14 guarantees equality before law and equal protection of laws to all persons.
- Forms the cornerstone of gender equality and prohibits arbitrary state action.
Case Law:
- Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming equality, dignity, and constitutional morality.
- NALSA v. Union of India (2014): Recognized transgender persons as the “third gender” and extended constitutional protections under Articles 14, 15, 16, and 21.
2. Non-Discrimination and Protective Discrimination
- Article 15(1) prohibits discrimination on grounds of sex.
- Article 15(3) empowers the State to make special provisions for women and children, recognizing the need for substantive equality.
Case Law:
- Joseph Shine v. Union of India (2018): Struck down the adultery law (Section 497 IPC), affirming women’s autonomy, dignity, and equality.
- State of Madhya Pradesh v. Hiralal: Upheld protective measures favoring women.
3. Equal Opportunity in Public Employment
- Article 16 guarantees equality of opportunity in matters of public employment.
Case Law:
- Secretary Ministry of Defence v. Babita Puniya (2020): Granted Permanent Commission to women officers in the Army and rejected gender stereotypes.
4. Right to Life, Dignity and Bodily Autonomy
- Article 21 guarantees the right to life and personal liberty, encompassing dignity, privacy, bodily autonomy, and safe working conditions.
Case Law:
- Vishaka v. State of Rajasthan (1997): Recognized sexual harassment at the workplace as a violation of Articles 14, 15, 19, and 21 and laid down the Vishaka Guidelines.
- Common Cause v. Union of India (2018): Recognized the right to die with dignity as part of Article 21.
5. Socio-Economic Justice under Directive Principles
- The Constitution supplements fundamental rights through Directive Principles:
- Article 39(a): Equal means of livelihood for men and women.
- Article 39(d): Equal pay for equal work.
- Article 39(e): Protection of workers’ health and strength.
- Article 42: Humane working conditions and maternity relief.
Case Law:
- Randhir Singh v. Union of India: Upheld the principle of “Equal Pay for Equal Work.”
6.Gender Justice in Personal Laws and Family Relations
- Constitutional values of equality and dignity increasingly influence personal laws.
Case Law:
- Shah Bano v. Mohammad Ahmed Khan: Upheld maintenance rights of divorced Muslim women.
- Shayara Bano v. Union of India: Declared Triple Talaq unconstitutional, strengthening Muslim women’s rights.
7. Protection from Social Exclusion and Access to Public Spaces
- Article 15(2) prohibits denial of access to public places on grounds of sex.
- Articles 14, 15 and 25 collectively promote equality in religious practices.
Case Law:
- Indian Young Lawyers Association v. State of Kerala: Allowed entry of women of all ages into the Sabarimala Temple, emphasizing equality over discriminatory customs.
8. Protection from Exploitation
- Article 23 prohibits trafficking and forced labour, which disproportionately affect women and girls.
Case Law:
- Gaurav Jain v. Union of India: Directed rehabilitation and welfare measures for sex workers and their children, emphasizing dignity and social inclusion.
9. Political Empowerment and Participatory Justice
- 73rd and 74th Constitutional Amendments (1992) provide reservation for women in Panchayats and Urban Local Bodies.
- 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) provides 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
- These provisions aim to enhance women’s participation in democratic governance and decision-making.
10. Fundamental Duties and Social Responsibility
- Article 51A(e) mandates citizens to renounce practices derogatory to the dignity of women.
- Reinforces that gender justice is not merely a State obligation but also a societal responsibility.
Conclusion
- The Indian Constitution adopts a transformative approach to gender justice by combining formal equality (Articles 14–16), substantive equality (Article 15(3)), socio-economic rights (DPSPs), and human dignity (Article 21). Through landmark judicial decisions such as Vishaka, Shah Bano, Shayara Bano, Babita Puniya, NALSA, and Joseph Shine, constitutional principles have evolved to address emerging gender concerns. However, realizing true gender justice requires effective implementation, social reform, gender-sensitive institutions, and continuous judicial vigilance.
- “Gender justice is not merely about equal treatment; it is about creating conditions where every individual, irrespective of gender, can enjoy equal dignity, freedom, and opportunities as envisioned by the Constitution"