Answer

Gender justice ensures equal rights, opportunities, and protections for all, irrespective of gender. It seeks to eliminate gender-based discrimination through legal, social, and policy measures. The Indian Constitution, a living document, embodies these principles through various provisions that uphold gender equality and foster a just society.

Constitutional Provisions for Gender Justice

• Preamble: Envisions a society based on justice, equality, and dignity. It lays the foundation for policies ensuring equal rights and opportunities for all genders.
• Article 14: Guarantees equality before the law and equal protection, ensuring that laws do not discriminate based on gender.
• Article 15(1) and 15(3): Prohibits gender-based discrimination while allowing the state to make special provisions for women and children to address historical disadvantages, ensuring their welfare and participation.
• Article 16: Ensures equal employment opportunities, eliminating gender-based discrimination in recruitment, promotions, and wages.
• Article 21: Upholds the right to life and personal liberty, interpreted to include dignity, autonomy, and gender-based protections.
• DPSP Provisions: The Directive Principles of State Policy promote economic and social justice for women through Article 39(a) (equal livelihood opportunities), Article 39(d) (equal pay for equal work), and Article 42 (humane working conditions and maternity relief).
• Article 51A(e): Encourages citizens to renounce practices derogatory to women’s dignity, fostering a culture of respect and gender equality.
• Article 243D(3): Reserves one-third of seats in Panchayats for women, promoting political participation and decision-making.

Landmark Cases Promoting Gender Justice

• Vishaka vs. State of Rajasthan (1997): Defined sexual harassment at the workplace and led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
• Joseph Shine vs. Union of India (2018): Decriminalized adultery, affirming women’s autonomy and rejecting patriarchal notions of marriage.
• Voluntary Health Association of Punjab vs. Union of India (2013): Directed strict enforcement against sex selection and female foeticide, tackling deep-rooted gender discrimination.
• Marital Rape Ruling: Recognized marital rape under the Medical Termination of Pregnancy (MTP) Act, allowing equal abortion rights for married and unmarried women.
• Anuj Garg vs. Hotel Association of India (2008): Struck down laws restricting women from working in liquor-serving establishments, ensuring workplace equality.

Gender justice is a continuous process, requiring legal reforms, policy changes, and societal shifts to eliminate biases and ensure equality. The Indian Constitution, through its provisions remains a powerful tool in fostering a society where gender does not determine rights, opportunities, or dignity. 

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