Gender justice implies ensuring equality, dignity, and non-discrimination for women genders in political, social, and economic spheres.
As per UN Women, gender justice entails ending the inequalities between women and men that are produced and reproduced in the family, the community, the market and the state.
Constitutional Provisions
Articles 14, 15, 16 – Equality before law, prohibition of gender discrimination, equal opportunities in employment.
Article 21 – Right to life with dignity, bodily autonomy, and reproductive choice.
Articles 39(a), 39(d), 42 – Equal pay for equal work, maternity relief, humane conditions of work.
73rd & 74th Amendments – 33% reservation for women in Panchayati Raj and urban local bodies.
Articles 23 & 24 – Prohibition of trafficking of women and child labour.
Article 51A(e) – Fundamental duty to renounce practices derogatory to womenâs dignity.
Case Laws
Air India v. Nargesh Mirza (1981) – Struck down discriminatory service rules against women employees.
Anuj Garg v. Hotel Association (2008) – Invalidated law barring women from working in bars as stereotypical.
Vishaka v. State of Rajasthan (1997) – Laid down sexual harassment guidelines at workplace.
Joseph Shine v. UOI (2018) – Struck down adultery law as discriminatory.
Rajesh Kumar Gupta v. State of UP (2005) – Upheld reservation for women in teacher recruitment.
Laxmi v. Union of India (2014) – Guidelines for acid attack victimsâ compensation.
Independent Thought v. UOI (2017) – Criminalised marital rape of girls aged 15-18.
Shah Bano Case (1985) – Muslim womanâs right to maintenance upheld.
Shayara Bano v. UOI (2017) – Instant triple talaq declared unconstitutional.
Indian Young Lawyers Assn. v. State of Kerala (2018) – Sabarimala judgment ensured womenâs entry into temples.
Challenges
Patriarchal Mindset – Eg- khap Panchayats
Implementation Gap – Eg- Beti Bachao Beti Padhao
Violence Against Women – Rising cases of domestic violence, acid attacks, honour killings.
Intersectional Discrimination – Dalit, tribal, and minority women face compounded marginalisation.
Way Forward for Gender Justice–
Effective Implementation – Strict monitoring of laws like POSH Act, Dowry Prohibition Act, and POCSO.
Judicial Responsiveness – Fast-track courts and gender-sensitive training for judges.
Bibipur Model (Haryana) naming streets after daughters to promote recognition.
Digital Empowerment – Tamil Naduâs Agal Vilakku to address cyberbullying and online harassment.
âI measure the progress of a community by the degree of progress which women have achieved.â – Ambedkar