Explain the constitutional perspective of gender justice with the help of relevant Constitutional provisions and case laws.
Explain the constitutional perspective of gender justice with the help of relevant Constitutional provisions and case laws.
Gender justice refers to the fair treatment of all genders, ensuring equality, dignity, and freedom from discrimination. The Indian Constitution, as a living document, upholds the vision of gender justice through its Fundamental Rights, Directive Principles of State Policy (DPSP), and constitutional morality.
Constitutional Provisions Ensuring Gender Justice
A. Preamble
- Enshrines the ideals of justice – social, economic, and political, and equality of status and opportunity, laying the philosophical foundation for gender justice.
B. Fundamental Rights (Part III)
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Article 14 – Equality before law and equal protection of laws to all persons.
- Landmark Case: Charu Khurana v. Union of India (2014) – Allowed women to work as make-up artists in the film industry, striking down gender-based licensing rules.
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Article 15(1) & 15(3) – Prohibits discrimination on grounds of sex and permits the State to make special provisions for women and children.
- Example: Reservation for women in Panchayats under Article 243D.
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Article 16(1) & 16(2) – Equal opportunity in public employment.
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Article 21 – Right to life and personal liberty, includes right to dignity and autonomy.
- Suchita Srivastava v. Chandigarh Admin (2009) – Recognized reproductive rights of women.
C. Directive Principles of State Policy (Part IV)
- Article 39(a), (d), (e) – Equal pay for equal work, health and strength of women not to be abused.
- Article 42 – Just and humane conditions of work and maternity relief.
D. Fundamental Duties (Part IV-A)
- Article 51A(e) – Fundamental Duty to renounce practices derogatory to women’s dignity.
Judicial Interpretation Promoting Gender Justice
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Vishaka v. State of Rajasthan (1997): Laid down guidelines to prevent workplace sexual harassment – later codified in the POSH Act, 2013.
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Joseph Shine v. Union of India (2018): Decriminalised adultery, emphasized dignity and autonomy of women.
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Shayara Bano v. Union of India (2017): Declared Triple Talaq unconstitutional, upheld equality and dignity of Muslim women.
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Anuj Garg v. Hotel Association of India (2008): Struck down prohibition on women working in bars as being based on patriarchal notions.
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Navtej Singh Johar v. Union of India (2018): Decriminalized homosexuality, upheld dignity of LGBTQ+ individuals under Article 14 & 21.
The Indian Constitution provides a robust framework for gender justice, reinforced by progressive judicial pronouncements. Realising the spirit of equality and dignity requires vigilant implementation of both constitutional and legislative mandates.
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