How Indian constitution incorporate the concept of gender justice?

 The concept of gender justice under the Indian Constitution is rooted in the commitment to ensure equality and fairness for all genders, particularly in a society historically marked by patriarchal norms. The Constitution provides a robust framework aimed at addressing gender-based discrimination and promoting equal rights.

Constitutional Provisions

 Fundamental Rights

1. Article 14 - Right to Equality: Guarantees equality before the law and equal protection of the laws to all citizens, prohibiting discrimination on grounds including sex.

2. Article 15 - Prohibition of Discrimination: Specifically prohibits discrimination on the basis of sex and empowers the state to make special provisions for women and children.

3. Article 16 - Equality of Opportunity: Ensures equal opportunities in public employment, explicitly prohibiting discrimination based on sex

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4. Article 39 - Directive Principles of State Policy: Emphasizes equal pay for equal work for both men and women, aiming to eliminate wage disparities.

Special Provisions

- Article 42: Directs the state to ensure just and humane conditions of work and maternity relief for women.

- Articles 243D and 243T: Mandate reservations for women in local self-governance bodies, promoting their political participation.

 Protection Against Violence

While not explicitly mentioning gender violence, various provisions emphasize the state's duty to protect women's rights and dignity, such as Articles 15(3) and 46, which focus on safeguarding marginalized groups.

 Judicial Interpretations

The Indian judiciary has played a crucial role in interpreting these constitutional provisions through landmark judgments:

- Shayara Bano vs. Union of India (2017): Declared the practice of triple talaq unconstitutional, reinforcing women's rights under Article 14.

-Vishaka vs. State of Rajasthan (1997): Established guidelines against sexual harassment in workplaces, emphasizing the need for safe working environments for women.

- Mary Roy vs. State of Kerala (1986): Affirmed women's rights to inherit ancestral property, challenging traditional gender biases in inheritance laws.

Conclusion

The framework established by the Indian Constitution for gender justice is comprehensive, aiming to eliminate discrimination and promote equality across various spheres of life. However, achieving true gender justice requires not only legal provisions but also societal changes to dismantle deep-rooted patriarchal norms. Continued judicial activism and legislative reforms are essential in this ongoing struggle for equality and justice for all genders in India.

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