Question.
Explain the constitutional perspective of Gender Justice with the help of relevant Constitutional Provisions and case laws.
(UPSC 2023 General Studies Paper 2 (Main) Exam, Answer in 150 words)
Answer.
Gender Justice refers to equal and fair treatment of all genders and ensuring equal rights and opportunities.
Gender justice within the constitutional framework of India is based on the principles of equality, non-discrimination, and the protection of fundamental rights.
The constitution of India, through various provisions and interpretations, upholds the idea of gender justice.
The following are some relevant constitutional provisions of Gender Justice:
Preamble:
The Constitution of India provides three types of justice ( Political, economic, and Social) and equal opportunities to all citizens of India, irrespective of gender.
Fundamental Rights:
Article 15(1): Prohibition of Discrimination on the grounds of religion, race, caste, sex, place of birth, or any of them.
Article 15(3): The state can make Special Provisions for Women.
Article 16: Equality of Opportunity in Public Employment.
Directive Principles of State Policy:
Article 39(a): The state should ensure, that men and women are equal. Both have the right to an adequate means of livelihood.
Article 39(d): The state should ensure that men and women are paid equally for equal work.
Article 42: Provision for just and humane conditions of work and maternity relief.
Fundamental Duties:
Article 51 ( A): Every citizen should ensure a just and fair society for women.
Court Judgment for Gender Justice:
Indra Sawhney ( 1992) case: The Supreme Court upheld the reservation of seats for women in local bodies, recognizing the importance of political empowerment of women.
Vishaka case ( 1997): The Supreme Court laid down guidelines to prevent sexual harassment in the workplace.
Shayara Bano Case ( 2017): The Supreme Court declared the practice of instant triple talaq unconstitutional, emphasizing the principles of gender justice and the rights of Muslim women.
In summary, these constitutional provisions and case laws collectively reflect the constitutional perspective of gender justice in India, emphasizing equality, non-discrimination, and the protection of fundamental rights for all citizens, irrespective of gender.
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