Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.(UPSC GS 2 2023/15 marks)
Gender justice is a fundamental principle embedded in the Indian Constitution, with various provisions and landmark case laws ensuring equal rights and opportunities for all genders. These legal foundations are pivotal in promoting gender equality, challenging discrimination, and fostering a more just and inclusive society in India.
Introduction:
Gender justice is a fundamental principle enshrined in the Indian Constitution, aiming to provide equal rights and opportunities to all genders. It is a critical aspect of India's social and legal framework.
Constitutional Provisions for Gender Justice:
1. Preamble of the Constitution: Emphasizes justice, equality, and ensuring the dignity of individuals, irrespective of gender.
2. Article 14 - Right to Equality: Guarantees equality before the law and equal protection of laws to all citizens, regardless of gender.
3. Article 15 - Prohibition of Discrimination: Prohibits discrimination on grounds of sex, among other factors, concerning access to public places, employment, or education.
4. Article 16 - Equality of Opportunity in Public Employment: Ensures equality of opportunity for all citizens in matters of public employment and prohibits discrimination based on gender.
5. Article 19 - Right to Freedom: It guarantees various freedoms including freedom of speech and expression. Gender justice ensures that these freedoms apply equally to all genders.
6. Article 21A - Right to Education: It ensures the right to education for all children, regardless of gender. Gender justice promotes equal access to education.
7. Article 39(d) - Equal Pay for Equal Work: Directs the state to ensure that there is no discrimination in pay on the basis of gender. It promotes economic gender justice.
8. Article 42: Directs the state to make provisions for securing just and humane conditions of work and maternity relief for women workers.
9. Political Representation (Article 243D and 243T): Reserves seats for women in local bodies. It promotes women's participation in decision-making.
Case Laws on Gender Justice:
1. Vishaka v. State of Rajasthan (1997): Laid down guidelines to prevent sexual harassment at workplaces, acknowledging women's right to a safe and dignified work environment.
2. Mohan v. Mohinder Kaur Sawhney (1976): Recognized the right of women to inherit property equally with men, contributing to gender equality in property rights.
3. Shayara Bano v. Union of India (2017): Declared instant triple talaq (talaq-e-bid'ah) unconstitutional, reaffirming the principle that gender justice is an integral part of the right to equality.
4. Gita Hariharan v. Reserve Bank of India (1999): Upheld the mother's right to be the natural guardian of her minor child, challenging traditional patriarchy in matters of guardianship.
5. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, recognizing the rights of the LGBTQ+ community and promoting gender justice.
6. State of Maharashtra v. Madhkar Narayan (2019): The Supreme Court ruled that a woman is equally competent to act as a Karta (head) of a Hindu Joint Family. It challenged traditional gender roles and promoted gender justice.
Conclusion:
Gender justice is a fundamental principle embedded in the Indian Constitution, with various provisions and landmark case laws ensuring equal rights and opportunities for all genders. These legal foundations are pivotal in promoting gender equality, challenging discrimination, and fostering a more just and inclusive society in India.