Gender justice refers to the protection, recognition, and affirmation of equal rights, responsibilities, and opportunities of women and men, and girls and boys. The Constitution of India, through its provisions and the interpretations of the judiciary, has consistently worked towards establishing a society where gender justice is a reality.
Constitutional Provisions for Gender Justice:
1. Preamble: The Preamble to the Constitution commits to securing to all its citizens “justice, social, economic and political; liberty of thought, expression, belief, faith, and worship; equality of status and of opportunity”.
2. Article 14: Guarantees the fundamental right to equality before the law and the equal protection of laws to every person.
3. Article 15(1): Prohibits discrimination against any citizen on grounds of religion, race, caste, sex, or place of birth. Furthermore, Article 15(3) provides for making special provisions for women and children.
4. Article 16: Ensures equality of opportunity in matters of public employment without discrimination on the grounds of sex. Article 39(a): States that the policy of the State shall be to secure that men and women equally have the right to an adequate means of livelihood.
5. 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 maternity relief.
Case Laws Cementing Gender Justice:
1. Shah Bano Case (Mohd. Ahmed Khan vs. Shah Bano Begum, 1985): This landmark judgment, though initially controversial, advocated for the right to alimony for Muslim women and affirmed the supremacy of the Constitution over religious practices that are discriminatory.
2. Vishaka vs. State of Rajasthan (1997): The Supreme Court provided guidelines to address sexual harassment at the workplace, which later paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
3. Joseph Shine vs. Union of India (2018): The Supreme Court decriminalized adultery, stating that treating it as an offence would mean “punishing unhappy people”.
4. Navtej Singh Johar vs. Union of India (2018): Decriminalization of homosexuality under Section 377 of the IPC. The Supreme Court, while focusing on the larger scope of gender justice, recognized the rights of the LGBTQ+ community.
Laws & Policies Supporting Gender Justice:
1. Hindu Succession (Amendment) Act, 2005: This Act granted daughters the same rights as sons in relation to ancestral and coparcenary property.
2. The Prohibition of Child Marriage Act, 2006: Aimed to prevent the age-old practice of child marriages, this Act was a significant move towards gender justice.
3. Protection of Women from Domestic Violence Act, 2005: Recognizes domestic violence as a punishable offence and ensures the protection of women.
4. Maternity Benefit (Amendment) Act, 2017: It increased paid maternity leave from 12 weeks to 26 weeks, ensuring that women do not have to compromise their career after childbirth.
Conclusion
The Indian Constitution, through its progressive provisions, has laid the foundation for an egalitarian society where gender justice is not merely aspirational but a lived reality. The judiciary has further bolstered this vision through its landmark judgments. However, the realization of complete gender justice requires a combination of legal reforms, social change, and consistent policy interventions.
