Gender equality means equal rights, responsibilities, and opportunities for individuals of all genders. It is a human right and the cornerstone of social justice. Gender justice, on the other hand, involves correcting the historical and social disadvantages faced by women and children due to systemic discrimination, violence, and inequality. In India, the journey towards gender justice has been guided primarily by the Constitution and supplemented by progressive legislation and judicial interpretation.
Constitutional Provisions for Gender Justice
1. Preamble to the Constitution
The Preamble of the Indian Constitution guarantees justice—social, economic, and political—and equality of status and opportunity. This overarching commitment sets the tone for gender justice in all spheres of governance and society.
2. Fundamental Rights (Part III)
The Constitution of India grants the following Fundamental Rights which are crucial for ensuring gender justice:
- Article 14 – Equality before Law and Equal Protection of Laws:
This guarantees that the State shall not deny any person equality before the law or the equal protection of laws. It forms the backbone of gender justice and prohibits discriminatory practices. - Article 15 – Prohibition of Discrimination:
Under Article 15(1), the State is prohibited from discriminating against any citizen on the basis of religion, race, caste, sex, or place of birth.
Article 15(3) specifically empowers the State to make special provisions for women and children, acknowledging their need for protective legislation. - Article 16 – Equality of Opportunity in Public Employment:
It ensures that no citizen shall be discriminated against in matters of employment on the basis of gender. - Article 21 – Right to Life and Personal Liberty:
Interpreted widely by the Supreme Court, Article 21 now includes the right to dignity, privacy, safety from sexual violence, and reproductive rights for women.
3. Directive Principles of State Policy (Part IV)
While not legally enforceable, DPSPs guide the State in formulating laws and policies for achieving social justice:
- Article 39(a): States that men and women should have equal rights to an adequate means of livelihood.
- Article 39(d): Calls for equal pay for equal work for both men and women.
- Article 42: Directs the State to make provision for just and humane conditions of work and maternity relief.
Legislative Measures Supporting Gender Justice
Several laws have been enacted to give effect to the constitutional vision of gender equality and protect the rights of women and children:
1. Protection of Women from Domestic Violence Act, 2005
This act provides legal recourse and support to women facing physical, emotional, sexual, and economic abuse in domestic relationships. It also ensures shelter, medical aid, and compensation.
2. The Dowry Prohibition Act, 1961
To counter dowry-related harassment and violence, this act criminalizes the giving or taking of dowry and offers protection to women subjected to such demands.
3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Popularly known as the POSH Act, it provides a mechanism to prevent and address sexual harassment at workplaces and empowers women to report grievances in a secure environment.
4. Prohibition of Child Marriage Act, 2006
This law aims to eliminate child marriages by setting the legal age of marriage at 18 for girls and 21 for boys and ensuring penalties for violations.
5. Juvenile Justice (Care and Protection of Children) Act, 2015
This act safeguards children in conflict with the law and those in need of care and protection. It includes provisions for child welfare committees and rehabilitation.
6. Maternity Benefit Act, 1961 (Amended in 2017)
The amended act enhances maternity leave up to 26 weeks and mandates crèche facilities, ensuring women can balance child care with employment.
7. Medical Termination of Pregnancy (Amendment) Act, 2021
This law increases the gestation period for abortion in special cases and strengthens the reproductive autonomy of women.
Judicial Activism and Gender Justice
The Indian judiciary has played a crucial role in interpreting constitutional provisions to favor gender equality. Landmark judgments have broadened the scope of Article 21 and upheld women’s right to dignity and safety.
For instance:
- Vishaka v. State of Rajasthan (1997): Laid the foundation for sexual harassment guidelines at the workplace, later formalized in the POSH Act.
- Joseph Shine v. Union of India (2018): Decriminalized adultery, recognizing women’s agency and dignity.
- Navtej Singh Johar v. Union of India (2018): Decriminalized Section 377 IPC, recognizing gender identity and sexual orientation rights.
Challenges and the Way Forward
Despite legal and constitutional protections, gender inequality persists due to patriarchal attitudes, lack of awareness, and weak enforcement of laws. To strengthen gender justice, India must focus on:
- Gender-sensitive education and training
- Legal awareness in rural and marginalized communities
- Efficient implementation of gender laws
- Encouraging women’s participation in politics and leadership roles
The Indian Constitution has laid the groundwork for an egalitarian society, but collective efforts from the judiciary, government, civil society, and individuals are essential to realize the true spirit of gender justice.
Mnemonic to Remember the Constitutional and Legal Provisions on Gender Justice: “EQUAL WARM JUMP”
E – Equality before law (Article 14)
Q – Quota for women allowed (Article 15(3))
U – Uniform opportunities in jobs (Article 16)
A – Article 21 – Dignity and personal liberty
L – Laws for domestic violence, dowry, and maternity
W – Workplace harassment law (POSH)
A – Article 42 – Maternity relief & humane work
R – Right to safe abortion (MTP Act)
M – Minimum marriage age (Child Marriage Act)
J – Juvenile Justice Act
U – Upholding pay parity (Article 39(d))
M – Medical relief for women (Maternity Act)
P – Preamble’s promise of justice and equality
