Roadmap for Answer Writing
1. Introduction
- Definition of Gender Justice: Explain gender justice as the protection and promotion of equal rights and opportunities for all genders.
- Significance in Indian Constitution: State the role of the Indian Constitution in promoting gender justice through various provisions and judicial interpretations.
2. Constitutional Provisions Promoting Gender Justice
A. Key Provisions
- Preamble: Advocates for equality among genders.
- Article 14: Guarantees equality before the law and equal protection.
- Article 15(1): Prohibits discrimination based on sex.
- Article 15(3): Empowers the state to make special provisions for women and children.
- Article 16: Ensures equal employment opportunities, promoting gender balance.
- Article 21: Guarantees the right to life and personal liberty, respecting dignity.
- Article 39(a): Ensures adequate means of livelihood for all.
- Article 39(d): Mandates equal pay for equal work.
- Article 42: Provides for just working conditions and maternity relief.
- Article 51A(e): Calls for a moral duty to renounce derogatory practices against women.
- Article 243D(3): Reserves one-third of Panchayat seats for women.
3. Case Laws Promoting Gender Justice
A. Significant Judgments
- Vishaka vs State of Rajasthan (1997): Defined sexual harassment and led to the Sexual Harassment of Women at Workplace Act, 2013.
- Joseph Shine vs Union of India (2018): Abolished the criminalization of adultery, affirming women’s rights.
- Voluntary Health Association of Punjab vs Union of India (2013): Addressed gender discrimination, focusing on sex selection.
- Independent Thought vs Union of India (2017): Criminalized sexual intercourse with minor wives, protecting young girls.
- Anuj Garg vs Hotel Association of India (2008): Annulled laws restricting women from working in certain establishments.
4. Relevant Facts for Use
- Preamble: Establishes the foundation for gender equality.
- Article 14: Ensures equal protection under the law.
- Article 15(1): Explicitly prohibits gender discrimination.
- Article 15(3): Allows special provisions for historically disadvantaged groups.
- Article 39(d): Addresses the gender pay gap, promoting equality in the workforce.
- Vishaka Judgment: Led to significant legislative changes regarding workplace harassment.
- Joseph Shine Judgment: Recognized women’s autonomy in marriage.
- Independent Thought Case: Highlighted the need for protection against child marriage.
5. Conclusion
- Summary of Importance: Recap the significance of constitutional provisions and case laws in promoting gender justice.
- Call for Ongoing Efforts: Emphasize the necessity for continued advocacy and legal reforms to ensure gender justice is upheld in society.
Model Answer
Introduction
Gender justice in the constitutional framework of India emphasizes equal rights and opportunities for all individuals, regardless of gender. The Indian Constitution is designed to promote a just and equitable society, incorporating various provisions that aim to curtail gender-based discrimination.
Constitutional Provisions Promoting Gender Justice
Preamble
The Preamble of the Indian Constitution advocates for a society where all genders enjoy equal status and opportunities, embodying the vision of gender equality.
Article 14
This article guarantees equality before the law for all citizens, ensuring equal protection and fostering a legal environment conducive to gender justice.
Article 15(1) and 15(3)
Article 15(1) prohibits discrimination based on sex, while Article 15(3) empowers the state to make special provisions for women and children, addressing historical disadvantages and enhancing their representation.
Article 16
It promotes equal employment opportunities, discouraging gender-based discrimination in job appointments and promotions.
Article 21
This fundamental right ensures that no person is deprived of life or personal liberty, emphasizing the dignity of all genders.
Article 39(a) and 39(d)
Article 39(a) guarantees the right to an adequate means of livelihood for both men and women, while Article 39(d) mandates equal pay for equal work, addressing the gender pay gap.
Article 42
It directs the state to ensure just working conditions and maternity relief, recognizing women’s unique roles.
Article 51A(e)
This article instills a moral duty to renounce practices derogatory to women’s dignity, promoting societal change.
Article 243D(3)
Reserving one-third of Panchayat seats for women facilitates their participation in governance and decision-making.
Case Laws Promoting Gender Justice
Vishaka vs State of Rajasthan (1997)
This landmark case defined sexual harassment and established guidelines for its prevention, leading to the Sexual Harassment of Women at Workplace Act, 2013.
Joseph Shine vs Union of India (2018)
This ruling abolished the criminalization of adultery, affirming women’s autonomy in marriage.
Voluntary Health Association of Punjab vs Union of India (2013)
This case directed the government to implement measures against gender discrimination, including sex selection.
Independent Thought vs Union of India (2017)
It criminalized sexual intercourse with minor wives, thus protecting young girls from marital rape.
Anuj Garg vs Hotel Association of India (2008)
This judgment annulled restrictions on women working in premises serving alcohol, promoting gender equality in employment.
Conclusion
To foster a society devoid of gender discrimination, it is vital to uphold and expand upon these constitutional provisions and legal precedents. The ongoing commitment to gender justice reflects the aspiration for a dignified and equitable life for all individuals, free from gender biases.
Constitutional Perspectives of Gender Justice in India
1. “Constitutional Provisions for Gender Justice”:
2. “Relevant Case Laws”:
Conclusion:
India’s Constitution provides a robust framework for gender justice, ensuring equality and protection against discrimination. Judicial interpretations and landmark cases have expanded these provisions to address gender-related issues comprehensively, fostering a more inclusive and equitable society.