Model Answer
0 min readIntroduction
Gender equality, a cornerstone of social justice and inclusive development, implies equal rights, responsibilities, and opportunities for all individuals, irrespective of their gender. In India, historically characterized by patriarchal structures, the pursuit of gender equality has been a long-standing endeavour. The Indian Constitution, drafted with a progressive vision, and the judiciary, through its dynamic interpretations, have played pivotal roles in establishing a robust framework to dismantle discriminatory practices and promote a more equitable society. This has involved both explicit constitutional mandates and transformative judicial activism.
Constitutional Provisions for Gender Equality
The Indian Constitution embodies the principle of gender equality through various provisions, ensuring both formal and substantive equality:- Preamble: Promises "Justice – social, economic, and political" and "Equality of status and of opportunity" to all citizens, including women.
- Fundamental Rights:
- Article 14: Guarantees equality before the law and equal protection of the laws to all persons, prohibiting discrimination.
- Article 15(1): Prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- Article 15(3): Empowers the State to make any special provision in favour of women and children, allowing for positive discrimination and affirmative action.
- Article 16: Ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, prohibiting gender-based discrimination in public employment.
- Article 23: Prohibits human trafficking and forced labour, which disproportionately affects women and girls.
- Directive Principles of State Policy (DPSP):
- Article 39(a): Directs the State to secure for men and women equally the right to an adequate means of livelihood.
- Article 39(d): Mandates equal pay for equal work for both men and women.
- Article 42: Directs the State to make provisions for securing just and humane conditions of work and for maternity relief.
- Fundamental Duties (Article 51A(e)): Enjoins citizens "to renounce practices derogatory to the dignity of women."
- 73rd and 74th Constitutional Amendment Acts (1992): Mandated reservation of one-third of seats for women in all elected offices in Panchayats and Municipalities, enhancing women's participation in local governance.
Judicial Interventions to Promote Gender Equality
The judiciary has actively interpreted and expanded the scope of constitutional provisions through landmark judgments, driving significant reforms:- Vishaka v. State of Rajasthan (1997): Laid down comprehensive guidelines to prevent and address sexual harassment at the workplace, recognizing it as a violation of Articles 14, 15, and 21. These guidelines later formed the basis for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Shah Bano Begum v. Mohd. Ahmed Khan (1985): Emphasized the maintenance rights of divorced Muslim women, setting a precedent for gender justice within personal laws.
- Mary Roy v. State of Kerala (1986): Ensured equal inheritance rights for Syrian Christian women with their male siblings.
- Anuj Garg v. Hotel Association of India (2007): Struck down discriminatory provisions that prohibited women from working in certain establishments or during specific hours, emphasizing the right to equality and occupational freedom.
- Joseph Shine v. Union of India (2018): Decriminalized adultery (Section 497 IPC), upholding women's autonomy and dignity by stating that the law treated women as property.
- Indian Young Lawyers Association v. The State of Kerala (Sabarimala Temple case) (2018): Lifted the ban on entry of women of menstruating age into the Sabarimala temple, asserting that devotion cannot be subjected to gender discrimination (though referred to a larger bench).
- Secretary, Ministry of Defence v. Babita Puniya (2020): Granted permanent commission to women officers in the Indian Army, dismantling gender-based discrimination in service matters and promoting equality in opportunity.
- Abortion Rights (2022): The Supreme Court ruled that all women, regardless of marital status, are entitled to safe and legal abortion up to 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act, addressing discrimination based on marital status.
Conclusion
The constitutional provisions, coupled with the proactive and progressive judicial interventions, have created a robust legal and institutional framework for promoting gender equality in India. From safeguarding fundamental rights and ensuring equal opportunities to challenging patriarchal norms in personal laws and workplaces, these measures have significantly advanced women's rights. While India has shown progress, evidenced by its improved ranking on the Gender Inequality Index (GII) 2022 (108 out of 193 countries), persistent societal challenges necessitate continued vigilance, stricter implementation of laws, and sustained efforts towards social sensitization to achieve true substantive gender equality.
Answer Length
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