Q12. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (15m)
Explain – Gender justice – It seeks to promote equitable development opportunities for all irrespective of biological sex. These Principles are enshrined in our constitution through the values of liberty , equality and freedom.
Supreme Court – Madhu Krishnan v. State of Bihar remarked that “women have always been discriminated against men and have suffered denial and are suffering discrimination in silence.”
Constitutional Perspectives and case laws of Gender justice –
- Preamble – Equality , Justice, Liberty , Freedom – Universal values and ensures dignity of the individual.
- Fundamental rights – Article 14- 35 – Right to equality , freedom, education are all gender neutral . These rights are procedural and substantive, formal and real in nature
- Article 15(3) empowers the State to make law for the benefit of women.
- Right to livelihood and equality of opportunity – Ex – Creation of Self help groups
- Right to life and liberty Article 21 – Ex – Termination of Virginity tests for women and right of reproductive choice for women , Ending the evil practice of instantaneous Triple talaq – Shah Bano case. This article also ensures the right to marry and conjugal rights. Example – Lata Singh Vs State of Uttar Pradesh
- Right to property inheritance through Hindu succession amendment act , 2005 Example case laws – Mary Roy Vs State of Kerala
- Article 23 – abolition of Human trafficking largely helped Women to move out of sexual trafficking and slave trade
- DPSP – Protective discrimination through affirmative action – Ex – Equal pay for equal work – Article 39 D . Just and humane conditions for work – Gender neutral – Article 42 – Example – Maternity relief . Example – Vishakha guidelines
- Fundamental duties – Renounce derogatory practise for women – Ensure a just and safe society for women . Article 51 A . Ex – The online obscene message was criminalised in Tamil Nadu Vs Suhas Katti case.
- Adult suffrage – Article 325, 326 – Political participation in exercising the right to vote and also power sharing,co-decision making, co-policy making at all levels of governance
- Local level governance – Article 73 and Article 74 – constitutional guarantee to representation in local self governing institutions. Devolution of administrative and financial powers. Ex – Indra Sawhney case
By following our constitution’s letter and spirit we can achieve gender justice thereby achieving SDGs 5 , 10 and removing overall inequality. It will truly make our democracy inclusive and make democracy as a way of life.
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