Subject: Polity

Answer:

The constitutional framework of gender justice in India represents a progressive vision enshrined through various provisions and strengthened by landmark judicial interpretations. The constitution makers recognized gender equality as a fundamental right and incorporated several safeguards to ensure women's empowerment and protection against discrimination.

Constitutional Provisions Supporting Gender Justice

• Fundamental Rights: Article 14 guarantees equality before law and equal protection of laws, forming the bedrock of gender justice.
• Article 15(1) explicitly prohibits discrimination on grounds of sex, while Article 15(3) enables special provisions for women and children.
• Article 16 ensures equality of opportunity in matters of public employment, breaking gender-based barriers in professional spheres.
• Directive Principles: Article 39(a) mandates equal right to adequate means of livelihood for men and women.
• Article 51A(e) imposes a fundamental duty to renounce practices derogatory to women's dignity.

Landmark Judicial Interpretations

• The Supreme Court has consistently upheld gender justice through progressive interpretations:
• In Vishaka vs State of Rajasthan (1997), the court established guidelines against sexual harassment at workplace.
• Recent judgment in Sukanya Shantha v. Union of India (2024) addressed intersectional discrimination, reinforcing protection under Articles 14, 15, 17, 21, and 23.
• The court granted permanent commission to women officers in armed forces, dismantling gender-based discriminatory practices.

Challenges and Way Forward

• Despite constitutional safeguards, global data shows concerning trends with 51,100 women victims of femicide globally in 2023.
• Implementation gaps persist in various sectors:
  • Underrepresentation in leadership positions.
  • Economic disparities and wage gaps.
  • Violence against women continues to be a major concern.

The constitutional vision of gender justice requires continuous evolution through legislative reforms and judicial activism. The Supreme Court's recent judgments demonstrate India's commitment to achieving substantive equality, moving beyond formal equality to create an inclusive society where gender justice is not just a constitutional ideal but a lived reality. Examples like Australia's Workplace Gender Equality Act amendments and the EU gender equality strategy offer valuable insights for strengthening our framework.