Gender justice in India is grounded in the principles of equality, non-discrimination, and empowerment as enshrined in the Constitution. The Constitution provides a framework for promoting gender justice through various articles and provisions. Over the years, Indian courts have played a significant role in interpreting these provisions to advance the cause of gender justice. Here is an explanation of the constitutional perspectives of gender justice, supported by relevant provisions and landmark case laws:
Constitutional Provisions
1. Preamble
- The Preamble of the Indian Constitution envisions justice, liberty, equality, and fraternity for all citizens. It underscores the commitment to securing social, economic, and political justice and promoting equality of status and opportunity, thereby laying the foundation for gender justice.
2. Fundamental Rights
Article 14: Right to Equality
- Article 14 ensures equality before the law and equal protection of the laws to all individuals, prohibiting discrimination on various grounds, including gender.
Article 15: Prohibition of Discrimination
- Article 15(1) prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth.
- Article 15(3) empowers the State to make special provisions for women and children, recognizing the need for positive discrimination to achieve substantive equality.
Article 16: Equality of Opportunity in Public Employment
- Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, emphasizing non-discrimination on the grounds of sex.
3. Directive Principles of State Policy
Article 39: Principles of Policy
- Article 39(a) directs the State to ensure that men and women have an equal right to an adequate means of livelihood.
- Article 39(d) mandates equal pay for equal work for both men and women.
Article 42: Provision for Just and Humane Conditions of Work
- Article 42 directs the State to make provisions for securing just and humane conditions of work and maternity relief.
Article 51A: Fundamental Duties
- Article 51A(e) emphasizes the duty of every citizen to renounce practices derogatory to the dignity of women.
Landmark Case Laws
1. Vishaka v. State of Rajasthan (1997)
- Context: This case addressed the issue of sexual harassment at the workplace.
- Judgment: The Supreme Court laid down guidelines, known as the Vishaka Guidelines, to prevent and address sexual harassment at the workplace. These guidelines were later codified into law by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Significance: The case recognized sexual harassment as a violation of gender equality and the right to work with dignity, thereby advancing gender justice.
2. Air India v. Nergesh Meerza (1981)
- Context: This case challenged discriminatory service conditions for air hostesses, including different retirement ages for male and female employees.
- Judgment: The Supreme Court struck down discriminatory provisions, asserting the principle of equality under Article 14.
- Significance: The judgment reinforced the constitutional mandate of gender equality in employment.
3. Shayara Bano v. Union of India (2017)
- Context: This case dealt with the practice of instant triple talaq in the Muslim community.
- Judgment: The Supreme Court declared the practice of instant triple talaq unconstitutional, emphasizing that it violated the fundamental rights of Muslim women.
- Significance: The judgment was a landmark step towards gender justice, ensuring equality and protection for women against arbitrary practices.
4. Githa Hariharan v. Reserve Bank of India (1999)
- Context: The case challenged the provision of the Hindu Minority and Guardianship Act, 1956, which prioritized the father as the natural guardian over the mother.
- Judgment: The Supreme Court interpreted the law to mean that the mother could also be the natural guardian, promoting gender equality in parental rights.
- Significance: The decision was pivotal in acknowledging equal guardianship rights for women, aligning with the principles of gender justice.
5. Joseph Shine v. Union of India (2018)
- Context: This case challenged the constitutionality of Section 497 of the Indian Penal Code, which criminalized adultery and treated women as property of their husbands.
- Judgment: The Supreme Court decriminalized adultery, holding that the law was archaic, violated the dignity of women, and was unconstitutional.
- Significance: The ruling was a significant step towards recognizing women's autonomy and gender equality.
Conclusion
The constitutional framework of India, through its provisions and judicial interpretations, has consistently advanced the cause of gender justice. The Preamble, Fundamental Rights, and Directive Principles of State Policy provide a robust foundation for promoting equality and non-discrimination. Landmark judgments by the Supreme Court have further expanded the scope of gender justice, addressing issues of discrimination, dignity, and equality. While significant progress has been made, ongoing efforts are necessary to fully realize gender justice and ensure that the constitutional promise of equality is achieved for all citizens.
