Explain the constitutional perspective of gender justice with the help of relevant Constitutional provisions and case laws.

GS 2
Social Justice
2023
15 Marks

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)

  1. 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.
  2. 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.
  3. Article 16(1) & 16(2) – Equal opportunity in public employment.

  4. 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)

  1. Article 39(a), (d), (e) – Equal pay for equal work, health and strength of women not to be abused.
  2. Article 42 – Just and humane conditions of work and maternity relief.

D. Fundamental Duties (Part IV-A)

  1. Article 51A(e) – Fundamental Duty to renounce practices derogatory to women’s dignity.

Judicial Interpretation Promoting Gender Justice

  1. Vishaka v. State of Rajasthan (1997): Laid down guidelines to prevent workplace sexual harassment – later codified in the POSH Act, 2013.

  2. Joseph Shine v. Union of India (2018): Decriminalised adultery, emphasized dignity and autonomy of women.

  3. Shayara Bano v. Union of India (2017): Declared Triple Talaq unconstitutional, upheld equality and dignity of Muslim women.

  4. Anuj Garg v. Hotel Association of India (2008): Struck down prohibition on women working in bars as being based on patriarchal notions.

  5. 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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