Provisions in Indian Constitution for the Protection of Gender Justice

The Indian Constitution, the supreme law of the land, is the backbone of gender justice in the country. It provides several provisions for the protection of gender justice; aimed at eliminating discrimination and ensuring equal opportunities for all, irrespective of gender. Here, we examine some of these key constitutional provisions that safeguard gender justice.

Preamble and its Provisions for the Protection of Gender Justice

The Preamble, which outlines the fundamental philosophy of the Constitution, guarantees Justice - social, economic, and political. It further assures dignity of the individual, which implicitly acknowledges gender justice as a fundamental objective of the Constitution.

Fundamental Rights for Protection of Gender Justice

Fundamental rights enshrined under Part III of the Constitution play a crucial role in ensuring gender justice:

1. Article 14 guarantees equality before the law and equal protection of laws. This provision ensures that women are not discriminated against in any aspect of life, and are entitled to the same rights and protection as men.

2. Article 15(1) prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Further, Article 15(3) empowers the State to make special provisions for women and children. This allows the State to take affirmative actions to improve the status of women in society.

3. Article 16 provides for equality of opportunity in matters of public employment and prohibits discrimination on the grounds of sex.

Directive Principles of State Policy

The Directive Principles of State Policy, mentioned in Part IV of the Constitution, act as guidelines for the government to ensure social justice:

1. Article 39(a) directs the State to secure that the citizens, men and women equally, have the right to an adequate means of livelihood.

2. Article 39(d) mandates equal pay for equal work for both men and women.

3. Article 42 requires the State to make provisions for securing just and humane conditions of work and for maternity relief.

Other Constitutional Provisions for Protection of Gender Justice

1. Article 243D(3), Article 243T(3), and Article 330 reserve seats for women in Panchayats, Municipalities, and the House of the People, respectively. This ensures women's participation in the political process.

2. Article 51A(e) makes it a fundamental duty of every citizen to renounce practices derogatory to the dignity of women.

Landmark Case Laws

The interpretation and application of these constitutional provisions have led to landmark judgments promoting gender justice:

1. Vishaka v. State of Rajasthan (1997): The Supreme Court issued guidelines for the prevention of sexual harassment at the workplace, recognising such harassment as a violation of the fundamental right to equality and right to life.

2. Shayara Bano v. Union of India (2017): The Court declared the practice of Triple Talaq as unconstitutional, ensuring the protection of Muslim women's rights.

3. Joseph Shine v. Union of India (2018): The Court decriminalised adultery, holding it as discriminatory towards women and violative of Articles 14, 15, and 21.

The Indian Constitution, through its explicit provisions and judicial interpretations, has emerged as a powerful instrument of social justice. While significant progress has been made towards gender equality, the journey continues to achieve complete gender justice.