The constitutional perspective of gender justice in India is grounded in several key provisions aimed at ensuring equality and protection for women. Articles such as 14, 15, and 21, alongside landmark case laws, highlight the state's commitment to eliminating gender discrimination.

Q12. Explain the constitutional perspective of gender justice with the help of relevant Constitutional provisions and case laws.

Model Answer:

Introduction

Gender justice refers to the fair treatment of individuals regardless of their gender, ensuring equal opportunities, rights, and responsibilities. 

The Indian Constitution mandates gender justice through various provisions, ensuring equality and non-discrimination.

Body

Constitutional Provisions Promoting Gender Justice- 

  • Article 14 -  Guarantees equality before the law and equal protection of the laws.
  • Article 15(1) - Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 15(3) -Allows the state to make special provisions for women and children.
  • Article 16 - Ensures equality of opportunity in matters of public employment.
  • Article 39(a) - Directs the state to ensure that men and women have an equal right to an adequate means of livelihood.
  • Article 42 - Directs the state to make provisions for securing just and humane conditions of work and maternity relief.
  • 73rd and 74th Amendment Acts (1992) - Provided reservation of seats in local bodies for women, ensuring their participation in governance. 

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Case Laws

  • Vineeta Sharma vs. Rakesh Sharma -  Daughters will have equal coparcenary rights in the Hindu Undivided Family by their birth and cannot be excluded from inheritance irrespective of whether they were born before the amendment of 2005 to the Hindu Succession Act, 1956. 
  • Vishaka v. State of Rajasthan (1997) - Promoted gender justice by decriminalising homosexuality. 
  • 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.
  • Indian Young Lawyers Association vs. State of Kerala (2018) - Addressed the Sabarimala temple entry issue, emphasising women's right to equality in matters of religion.

Conclusion

The Constitution serves as a powerful tool for achieving gender justice. However, the fight doesn't end there. Consistent interpretation of these provisions by the judiciary, along with affirmative action programs, is crucial for creating a society where gender equality becomes a lived reality, not just a legal principle.

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