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UPSC GS Paper – 2: Q12. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

Gaurav Soni September 30, 2023 03:48 9064 0

Daily Answer Writing DAILY UPSC ANSWER WRITTING 2023 General Studies-II

Explore the constitutional perspectives of gender justice in India through relevant constitutional provisions and case laws. Gain insights into the legal framework and its implications for gender equality.

UPSC GS Paper – 2: Q12. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

Q12. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

How to approach the question

Introduction

●      Write about Gender Justice in the constitutional context

Body

●      Write about the constitutional Provisions promoting Gender Justice

●      Write about the case laws promoting Gender Justice

Conclusion

●      Give appropriate conclusion in this regard

Introduction

In the constitutional framework, gender justice refers to the protection and promotion of equal rights and opportunities for all individuals, irrespective of their gender. It encompasses mechanisms to curtail gender-based discrimination ensuring fairness in laws, policies, and practices. The Indian Constitution, designed to encourage a just and equitable society, entails various provisions for gender justice.

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Body

Constitutional Provisions Promoting Gender Justice

  • Preamble: It inherently includes gender justice, advocating for a society where all genders enjoy equal status and opportunities, thus laying down a vision of gender equality which is embedded in the essence of the Indian constitution.
  • Article 14: It guarantees that every citizen, irrespective of their gender, is equal before the law and is entitled to equal protection, thereby fostering a climate of gender justice through legal means.
  • Article 15(1): This provision serves as a shield against discrimination based on religion, race, caste, sex, or place of birth. It ensures that individuals are not subjected to discriminatory practices based on their gender, paving the way for a society that respects gender justice.
  • Article 15(3): Recognizing the historical disadvantage that women and children have faced, this provision empowers the state to make special arrangements for women and children. It aims at improving female literacy rates, enhancing women’s representation in the workforce, and securing their interests.
  • Article 16: It encompasses an all-encompassing approach to secure equal livelihood opportunities for all citizens, promoting gender balance and discouraging gender-based discriminations in job appointments and promotions.
  • Article 21 : No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person respecting dignity of all gender.
  • Article 39(a): The state is obligated to ensure that men and women have the right to an adequate means of livelihood. It reflects the constitutional commitment to foster a society where men and women can work side by side, enjoying equal opportunities and benefits.
  • Article 39(d): By mandating equal pay for equal work for both men and women, this provision takes a significant step towards establishing gender parity in the workforce, working against the entrenched gender pay gap and fostering a culture of equality.
  • Article 42: This article directs the state to ensure just and humane working conditions and maternity relief, thereby recognizing the unique biological role of women and securing their rights in the workplace.
  • Article 51A(e): Instilling a moral duty amongst citizens to renounce practices derogatory to the dignity of women, this provision is a clarion call for societal change to eradicate gender biases and to foster respect and dignity for women.
  • Article 243D(3): This article reserves not less than one-third of the total seats for women in every Panchayat, thus facilitating the active involvement of women in local governance and decision-making processes, and crafting a pathway for their empowered future.

Case Laws Promoting Gender Justice

  • Vishaka vs State of Rajasthan (1997): It not only defined sexual harassment but also outlined the procedural guidelines to address such complaints, paving the way for the later enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013.
  • Joseph Shine vs Union of India (2018): It abolished the antiquated law that considered adultery as a criminal offense, essentially viewing women as the property of their husbands. Thus, it advanced gender justice by affirming the autonomy and equal rights of women in marriage.
  • Voluntary Health Association of Punjab vs Union of India (2013): This case directe the government to enforce stringent measures to curb the deep-rooted issue of gender discrimination, reflecting in practices such as sex selection and female foeticide.
  • Marital Rape: In a landmark decision, the Supreme Court ruled that marital rape constitutes a form of rape under the Medical Termination of Pregnancy (MTP) Act1. The judgment was made in a ruling where the Supreme Court was interpreting the Medical Termination of Pregnancy Act and the regulations to end discrimination against married and unmarried women by permitting abortions up to 24 weeks of pregnancy.
  • Independent Thought vs Union of India (2017): This significant ruling criminalized sexual intercourse with a minor wife below 18 years, extending protection to young girls from marital rape and showcasing the judiciary’s commitment to safeguarding the rights and dignity of women.
  • Anuj Garg vs Hotel Association of India (2008): It annulled the law that prohibited women from working in premises where liquor was served, representing a move towards establishing gender equality in various employment sectors and rejecting patriarchal norms that restricted women’s career choices.

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Conclusion

Going ahead, it is pivotal to continue this trajectory to foster a society where gender is not a basis for discrimination, and gender justice is upheld in the truest sense. It reflects an ongoing commitment to constructing a society founded on equality, unhampered by gender biases, where every individual can live with dignity and freedom.

For a Detailed explanation of the UPSC GS-01 Mains question 2023, click here.

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For a Detailed explanation of the UPSC GS-03 Mains question 2023, click here.

For a Detailed explanation of the UPSC GS-04 Mains question 2023, click here.

 

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