Introduction
Gender justice entails safeguarding and advancing rights without any bias based on gender. The Indian Constitution, through its diverse provisions, strives to transform gender justice from a mere theoretical notion into a practical and tangible experience for every citizen.
Body:
Constitutional provisions for gender justice:
- Preamble: The Preamble of the Indian Constitution commits to securing justice—social, economic, and political; liberty; equality; and fraternity for all its citizens.
- Article 14: This article guarantees equality before the law and provides equal protection of laws to every individual.
- Article 15(1): It prohibits discrimination against any citizen based on religion, race, caste, sex, or place of birth.
- Article 15(3): This article permits the state to enact special provisions for the benefit of women and children. E.g. Affirmative action for women
- Article 16: Article 16 ensures equal opportunities in public employment and prohibits discrimination on the grounds of sex in matters of employment.
- Directive Principles of State Policies:
- Article 39(a): This article directs the state to ensure that both men and women have an equal right to an adequate means of livelihood. E.g. SHG creation in various states
- Article 39(d): Article 39(d) instructs the state to ensure that men and women are paid equally for equal work. E.g. Equal Remuneration Act, 1976
- Article 42: Article 42 mandates the state to make provisions for ensuring fair and humane working conditions and maternity relief for women. E.g. Maternity Benefit Act, 2017
- Fundamental Duties: One of the fundamental duties of every citizen, as enshrined in Article 51A of the Constitution, is to renounce derogatory practices against women and strive for the creation of a just and safe society for women.
- g. In the case of Tamil Nadu vs. Suhas Katti, the dissemination of online obscene messages was criminalized
Case laws for gender justice:
- Indra Sawhney vs. Union of India (1992): While not solely a gender-related case, it dealt with the reservation of seats for women in local bodies.
- The judgment recognized the need for gender representation in decision-making bodies and paved the way for increased political participation of women.
- Vishaka vs. the State of Rajasthan (1997): it laid down guidelines to prevent sexual harassment of women in the workplace.
- The Supreme Court held that it is the fundamental right of a woman to work with dignity and that gender-based harassment violates the right to life and liberty under Article 21.
- Nirbhaya case (2012): The case highlighted the urgency of addressing violence against women and resulted in changes in laws related to sexual assault. E.g.
- Shayara Bano vs. Union of India (2017): The case challenged the practice of instant triple talaq (talaq-e-bid’ah) among Muslims.
- The Supreme Court declared the practice unconstitutional, emphasizing that gender justice and gender equality are paramount in upholding fundamental rights.
- Sabarimala Temple Entry case (2018): The Supreme Court allowed the entry of women of all ages into the Sabarimala temple, overturning a traditional ban on women of menstruating age.
- The judgment emphasized the importance of gender equality and dignity in religious practices.
- Joseph Shine vs. Union of India (2018): The Supreme Court’s landmark ruling in this case decriminalized adultery. The Court held that considering adultery as a criminal offence would contradict the principles of gender justice and equality enshrined in the Constitution by treating women as the property of their husbands.
Conclusion
While progress has been made, challenges remain, and the ongoing struggle for gender justice continues to shape the legal and societal landscape of the country. The Constitution serves as a beacon, guiding the nation toward a more equitable and just future where gender justice is a reality for all.
