QUES . Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. UPSC 2023 GS MAINS PAPER 2, 15 Marks, 250 Words
HINTS:
Gender justice is a concept that promotes the full realization of rights and opportunities for all genders. It seeks to realize equality between men and women, as well as between diverse gender identities, in terms of rights, responsibilities, and opportunities.
In India, given the deep-rooted patriarchal norms, achieving gender justice is paramount. The Indian Constitution’s framers were aware of women’s oppressive and discriminatory status in society, so they took extra care to ensure that the state took proactive actions to ensure their equality.
Must read: Right to Equality
Constitutional provisions for gender justice
Preamble: It ensures “Justice – social, economic, and political” and “Equality of status and of opportunity” for all, laying the foundation for gender justice.
Article 14: Guarantees equality before the law, emphasizing gender equality in all legal and state actions.
Article 15(1): Forbids discrimination solely based on sex.
Article 15(3): Enables affirmative actions for the benefit of women and children.
Article 16: Ensures equality of opportunity in public employment, irrespective of gender.
Article 21 : No person shall be deprived of his life or personal liberty except according to procedure established by law.” This right is available to every person respecting dignity of all gender.
Article 23: Prohibits human trafficking and forced labor, which disproportionately affects women and girls.
Article 39(a): The state is obligated to ensure that men and women have the right to an adequate means of livelihood. It reflects the constitutional commitment to foster a society where men and women can work side by side, enjoying equal opportunities and benefits.
Article 39(d): By mandating equal pay for equal work for both men and women, this provision takes a significant step towards establishing gender parity in the workforce.
Article 42: Advocates for just and humane work conditions and maternity relief.
Article 51A(e & f) : Mandates the renunciation of practices derogatory to the dignity of women and emphasizes respect for women.
Article 243D(3): Not less than one-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women.
Article 243 T(3): Not less than one third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women.
Landmark case laws strengthening gender justice
Shah Bano vs. Mohammad Ahmed Khan (1985): Emphasized the maintenance rights of Muslim women, setting a precedent for gender justice within personal laws.
Vishaka vs. State of Rajasthan (1997): Introduced the Vishakha guidelines to combat workplace sexual harassment. It later paved the way for enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013.
Gaurav Jain vs. Union of India (1997): Recognized the rights of children born to prostitutes, emphasizing the state’s duty towards women in distress.
Anuj Garg vs Hotel Association of India (2008): It annulled the law that prohibited women from working in premises where liquor was served, representing a move towards establishing gender equality in various employment sectors.
Voluntary Health Association of Punjab vs Union of India (2013): The court directed the government to enforce stringent measures to curb the deep-rooted issue of gender discrimination, reflecting in practices such as sex selection and female foeticide.
Shayara Bano vs. Union of India (2017): Declared the practice of ‘Triple Talaq’ unconstitutional, safeguarding the rights of Muslim women.
Joseph Shine vs. Union of India (2018): Decriminalized adultery, underlining women’s autonomy and equality in marital relations.
Navtej Singh Johar vs. Union of India (2018): Promoted gender justice by decriminalizing homosexuality.
Indian Young Lawyers Association vs. State of Kerala (2018): Addressed the Sabarimala temple entry issue, emphasizing women’s right to equality in matters of religion.
The Constitution, through its provisions, amendments, and reinforced by critical judicial interpretations, ensures an evolving framework for gender justice in India, responsive to contemporary challenges and societal needs.
However, only constitutional and legal protection will not be able to achieve the goals of gender equality if conservative social thinking remains deeply rooted in society. It must be stated that changes in social thinking, behaviour, and law will only be effective if a significant portion of society supports them.
External link: https://timesofindia.indiatimes.com/readersblog/gender-justice-and-equality/gender-justice-and-equality-53187/
