Model Answer
0 min readIntroduction
Gender justice, at its core, signifies the fair and equal treatment of all genders in all spheres of life – political, economic, social, and cultural. The Indian Constitution, a progressive document, embodies a strong commitment to gender equality, recognizing it as an intrinsic part of fundamental rights and a guiding principle of state policy. While not explicitly using the term ‘gender justice’, the Constitution provides a robust framework for achieving it. This commitment has been progressively strengthened through amendments and judicial pronouncements, aiming to dismantle systemic discrimination and empower women. The recent focus on women’s reservation bills further underscores the continuing efforts towards achieving substantive equality.
Constitutional Provisions for Gender Justice
The Indian Constitution provides for gender justice through various provisions, categorized as follows:
1. Fundamental Rights (FRs)
- Article 14: Equality before Law: Guarantees equal protection of laws irrespective of gender. The Supreme Court has consistently held that gender-based discrimination violates Article 14.
- Article 15: Prohibition of Discrimination: Prohibits discrimination on the grounds of sex in access to public places. Clause (3) allows for special provisions for women and children.
- Article 16: Equality of Opportunity in Employment: Ensures equal opportunity for all citizens in matters of public employment, allowing for reservations for women.
- Article 21: Right to Life and Personal Liberty: Expanded by the courts to include the right to dignity and bodily autonomy, crucial for gender justice.
2. Directive Principles of State Policy (DPSPs)
- Article 39(a): Directs the State to secure just and humane conditions of work and to ensure that women are not forced by economic necessity to enter vocations unsuited to their health or morals.
- Article 39(d): Aims at equal pay for equal work for both men and women.
- Article 42: Provision for Just and Humane Conditions of Work: Envisages the state to make provisions for securing just and humane conditions of work and maternity relief.
3. Specific Provisions for Women
- Article 243D(3): Provides for reservation of seats for women in Panchayats.
- Article 243T(3): Provides for reservation of seats for women in Municipalities.
- 73rd & 74th Constitutional Amendment Acts (1992-93): These amendments mandated one-third reservation for women in local bodies, significantly enhancing their political participation.
Landmark Case Laws
| Case Law | Year | Significance |
|---|---|---|
| Vishaka v. State of Rajasthan | 1997 | Established guidelines to prevent sexual harassment of women in the workplace, filling a legislative vacuum until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. |
| Indra Sawhney v. Union of India | 1992 | Upheld the 27% reservation for OBCs, but also clarified that reservations should not exceed 50% of the total seats, impacting reservations for women as well. |
| C.B. Muthamma v. State of Kerala | 1979 | Struck down a rule that prevented married women from appearing in the Civil Services Examination, holding it discriminatory under Article 16. |
| Joseph Shine v. Union of India | 2018 | Decriminalized adultery, holding that it was discriminatory against women and violated Article 14 and Article 21. |
Recent Developments: The passage of the Nari Shakti Vandan Adhiniyam, 2023, reserving 33% of seats for women in Lok Sabha and State Legislative Assemblies, is a significant step towards achieving greater political representation for women.
Conclusion
The Indian Constitution provides a strong foundation for gender justice, continually evolving through judicial interpretations and legislative amendments. While significant progress has been made, challenges remain in achieving substantive equality, including deeply ingrained patriarchal norms, economic disparities, and violence against women. Continued legislative reforms, effective implementation of existing laws, and a shift in societal attitudes are crucial to realizing the constitutional vision of a just and equitable society for all genders. The focus must now shift towards ensuring not just formal equality, but also equal opportunities and outcomes for women.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.