Jonah Patel
Gender justice refers to the fair treatment of all genders, ensuring equal rights and opportunities. In India, gender inequality is deeply rooted in the country's patriarchal norms, and the birth of a girl child is often not happily accepted. The Indian Constitution provides new dimensions to Indian society, aiming to achieve gender justice and protect women's interests. The Constitution's preamble guarantees social, economic, and political justice, equality of status, and individual dignity. Articles 14, 15, and 16 are fundamental rights that prohibit discrimination and provide the state with the authority to grant protective discrimination in favour of women. The Constitution also recognises the principles of Equal Pay for Equal Work and the Right to Work, and the Indian Supreme Court has promoted gender justice by decriminalising homosexuality and safeguarding rights in landmark cases.
| Characteristics | Values |
|---|---|
| Fair treatment of all genders | Social, economic, and political justice |
| Equal rights and opportunities | Equality before the law |
| Prohibition of discrimination based on sex | Equality of status and opportunity |
| Prohibition of discrimination based on religion, race, caste, sex, or place of birth | Right to equality |
| Right to equal pay for equal work | Right to work |
| Right to not be discriminated against in employment | Prohibition of exploitation |
| Right to not be sexually harassed in the workplace | Right to life and liberty |
| Right to own property | Right to dignity |
| Right to protection from domestic violence | Protection and security |
| Right to education |
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What You'll Learn
The Indian Constitution and gender equality
The Indian Constitution provides a robust framework for gender equality, aiming to ensure that all citizens are treated equally regardless of gender. This includes guaranteeing equal rights and opportunities for both men and women in all sectors, from the workplace to wages to legal protection. Despite these constitutional provisions, India continues to grapple with deep-rooted patriarchal norms and traditional social practices that hinder progress toward gender justice.
Articles 14, 15, 16, and 39 of the Indian Constitution are pivotal in the quest for gender equality. Article 14, the Right to Equality, is a fundamental right that ensures every citizen is treated equally before the law, regardless of race, caste, class, religion, or gender. It lays the foundation for gender equality by prohibiting discrimination based on these factors. Article 15(1) specifically prohibits discrimination based on sex, while Article 16 ensures equal opportunity in employment and state office appointments, prohibiting discrimination based on religion, race, caste, sex, or other factors.
The Indian Constitution also empowers the state to make special provisions for the protection and development of women and children, as outlined in Articles 15 and 16. This includes establishing laws to empower and elevate the status of women, such as those addressing domestic violence and sexual harassment in the workplace. The Supreme Court has played a pivotal role in interpreting and upholding these rights, with landmark judgments like Vishaka and others V State of Rajasthan, where the Court affirmed that sexual harassment of women in employment violates their rights to gender equality, life, and liberty, as protected by Articles 14, 15, and 21.
Despite these constitutional guarantees, India continues to face challenges in achieving true gender equality. Social issues such as infanticide, foeticide, child marriage, and gender biases in property ownership persist. Additionally, there is a gap between constitutional promises and reality, with women still facing inequality in wages and opportunities. This disparity arises from a lack of willingness to implement societal change and empower women, highlighting the need for education, seminars, and social instruments to foster a strong public opinion supporting gender equality.
In recent years, India has witnessed structural and cultural changes, with women becoming more educated and aware of their rights. The emergence of women's organisations, NGOs, and specialised women police officers signifies progress in addressing women's issues and ensuring their freedom and justice. Additionally, collaborations between entities like UNDP and UN Women have empowered women, supported their leadership, and advanced the cause of justice and human rights. These efforts reflect a commitment to transforming theoretical gender equality into practical, tangible actions that benefit Indian society as a whole.
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Gender justice and fair treatment
Gender justice refers to the fair treatment of all genders, ensuring equal rights and opportunities. This includes social, economic, and political equality, as well as equality before the law. In the context of the Indian Constitution, gender justice is of paramount importance due to the country's deep-rooted patriarchal norms. Despite the existence of various provisions in the Constitution aimed at preserving gender justice and equality, their effectiveness has been limited due to societal factors.
The Indian Constitution guarantees equality before the law and equal protection of the law to all citizens, regardless of gender, under Article 14, also known as the Right to Equality. This article ensures that equality is not denied based on factors such as race, caste, class, religion, or gender. Articles 15 and 16 further reinforce the elimination of discrimination based on religion, race, caste, sex, or place of birth, and provide guidance to the state in establishing provisions for women and children. Additionally, Article 16 (1) ensures equal opportunity in matters of employment or appointment to any state office, while Article 16 (2) prohibits discrimination in these areas based on religion, race, caste, sex, or other factors.
The Indian Constitution also recognises the principles of "Equal Pay for Equal Work" and the "Right to Work" under Articles 39(d) and 41, respectively. These provisions are crucial in achieving gender justice by ensuring that men and women receive equal pay for equal work and have the right to work without discrimination. Furthermore, Article 39(e) protects citizens from being forced by economic necessity to engage in occupations unsuitable for their age or strength, ensuring the health and strength of workers are not abused.
The Indian Constitution also empowers the state to make special provisions for the protection and development of women and children. This includes addressing societal issues such as infanticide, foeticide, child marriage, and gender prejudices in property ownership. The establishment of National and State Human Rights Commissions and the National Commission for Women demonstrates the increasing attention given to gender issues in India. Additionally, the Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act contain provisions that provide protection and security to women.
To further promote gender justice, the Supreme Court of India has played a significant role by striking down discriminatory provisions and upholding women's rights. For example, in Air India V Nargesh Mirza, the Court ruled against the termination of an air hostess's service during her first pregnancy as discriminatory and abhorrent. In Pratibha Ranu V Suraj Kumar, the Court affirmed a married woman's right to own and control her stridhan property, regardless of her living situation. Additionally, in Vishaka and others V State of Rajasthan, the Court recognised that sexual harassment of working women violates their rights to gender equality, life, and liberty, as protected under Articles 14, 15, and 21 of the Constitution.
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The right to equality
Gender justice in the Indian Constitution refers to the fair treatment of all genders, ensuring equal rights and opportunities. Despite the existence of provisions to preserve gender justice and equality, they have been rendered ineffective due to various cultural and societal factors. The country has struggled to free itself from outdated social practices and traditions that relegate women to a subservient status, with issues such as infanticide, foeticide, child marriage, and gender prejudices still prevalent.
Article 14, often described as the cornerstone of the Indian Constitution, guarantees equality before the law and equal protection of the laws. It ensures that all citizens are treated equally, avoiding any kind of discrimination based on the grounds mentioned above. This article has been interpreted by the courts to include protection against sexual harassment in the workplace and to extend equality to transgender persons, demonstrating its adaptability to evolving societal needs.
Articles 15 and 16 further elaborate on the Right to Equality by specifically prohibiting discrimination based on religion, race, caste, sex, or place of birth, among other factors. Article 15 provides guidance to the state to establish special provisions for the protection and development of women and children, empowering them and elevating their status. Article 16 ensures equal opportunity in matters of employment or appointment to any state office, with exceptions made to protect the interests of vulnerable sections of society, such as women, children, and minorities.
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Gender justice and the law
India has long been regarded as one of the most important components of the patriarchal belt of the world, where women are viewed as inferior to men. Despite this, the Indian Constitution has provided new dimensions to Indian society, striving for gender justice and equality. The constitution's creators believed that Indian women should be treated equally and that the state should protect their rights, and so they included provisions to protect women's interests and to achieve gender justice.
The Indian Constitution contains several articles that aim to uphold gender justice and equality. Firstly, Article 14 guarantees equality before the law, emphasizing gender equality in all legal and state actions. This article ensures that every Indian citizen is given equal treatment before the law and that equality is not denied on the basis of race, caste, class, religion, gender, etc. Article 15(1) further reinforces this by prohibiting discrimination based solely on sex, and Articles 15 and 16 eliminate prohibitions and discrimination based on religion, race, caste, sex, or place of birth, among other factors.
The Indian Constitution also provides for equality of opportunity in Article 16, which states that there shall be no discrimination in employment or appointment to any state office based on religion, race, caste, sex, or other factors. This article also ensures equal opportunity for all citizens in matters relating to employment or appointment to any state office. Additionally, Articles 39(d) and 41 recognize the principles of "Equal Pay for Equal Work" for men and women, as well as the "Right to Work."
The Indian Constitution goes beyond just ensuring equality and non-discrimination. It also includes provisions that specifically address women's rights and empowerment. For example, the constitution gives the state the authority to make particular provisions for the protection and development of women and children, and a slew of laws has been established over time to empower them and elevate their status. Furthermore, Article 39(e) provides that the health and strength of workers, men and women, and the tender age of children are not abused, and that citizens are not forced by economic necessity to undertake unsuitable work.
The Indian Supreme Court has also played a significant role in interpreting and upholding gender justice. In cases such as Air India V Nargesh Mirza, the Court struck down discriminatory provisions that were arbitrary and abhorrent to civilized society. In Pratibha Ranu V Suraj Kumar, the Court affirmed a married woman's right to own and control her property, regardless of her living situation. In Vishaka and others V State of Rajasthan, the Court held that sexual harassment of working women amounts to a violation of their rights to gender equality, general equality, and right to life and liberty, as protected under Articles 14, 15, and 21 of the Constitution.
Despite these constitutional provisions and judicial interventions, India continues to face challenges in fully realizing gender justice. Deep-rooted patriarchal norms and antiquated social practices persist, and there is a lack of willingness among some to embrace societal change that would grant women true equality. To address this, education, seminars, and other social instruments can be used to create a strong public opinion in favor of women's rights and their due place in society. Additionally, since 2020, UNDP and UN Women have been working together to empower women, support their leadership, and fulfill the promise of justice and human rights for all through initiatives like the Gender Justice Platform.
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Gender justice and social issues
Gender justice refers to the fair treatment of all genders, ensuring equal rights and opportunities. This includes social, political, and economic equality for women, which is integral to the achievement of all development goals. In the context of India, the constitution's preamble ensures "Justice—social, economic, and political" and "Equality of status and of opportunity" for all, setting the foundation for gender justice.
The Indian Constitution has several provisions to uphold gender justice and equality, such as Articles 14, 15, 16, and 39, which are pivotal in ensuring equality. Article 14 guarantees equality before the law, emphasizing gender equality in all legal and state actions. It ensures that every Indian citizen, regardless of gender, is treated equally under the law. Article 15(1) forbids discrimination based solely on sex, while Article 16(1) ensures equal opportunity for all citizens in matters of employment or appointment to any state office. It prohibits discrimination in these contexts based on religion, race, caste, sex, or other factors.
Despite these constitutional provisions, India continues to grapple with deep-rooted patriarchal norms and antiquated social practices that hinder the realization of gender justice. Women in India face a range of social issues, including infanticide, foeticide, child marriage, and gender biases regarding property ownership. Additionally, there is a prevailing gender wage gap, with women being paid less than men for the same work. These issues persist due to a lack of willingness to challenge societal norms and bring about transformative change.
To address these social issues and achieve gender justice, a multifaceted approach is necessary. It requires the collaboration of governments, civil society organizations, businesses, and individuals. Educational initiatives, seminars, and other social instruments can play a crucial role in creating a strong public opinion that supports gender equality. Additionally, the intervention of the Indian Judicial system and landmark judgments by the Supreme Court, such as those related to sexual harassment and property ownership, have been instrumental in advancing women's rights and challenging discriminatory practices.
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Frequently asked questions
Gender justice refers to the fair treatment of all genders in social, economic, political, and legal contexts, ensuring equal rights and opportunities.
The Indian Constitution has provisions to preserve gender justice and equality. The framers of the constitution believed that Indian women should be treated equally and that the state should protect their rights. Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the law to all citizens, regardless of their gender.
The Indian Supreme Court has delivered several landmark judgments that support gender justice. In the case of *Pratibha Ranu V Suraj Kumar*, the Court held that the stridhan property of a married woman is under her complete control and ownership. In *Vishaka and others V State of Rajasthan*, the Court ruled that sexual harassment of a woman at her workplace amounts to a violation of her rights to gender equality, right to life, and liberty, which is a clear violation of Articles 14, 15, and 21 of the Indian Constitution.
Despite constitutional provisions, gender justice remains a challenge in India due to deep-rooted patriarchal norms and societal practices. Women continue to face issues such as infanticide, foeticide, child marriage, and gender biases in property ownership. There is a lack of willingness to change society to give women equality, and education, seminars, and social instruments are needed to create a strong public opinion supporting gender justice.
