Gender Justice: The Constitutional Perspectives

Abstract

Gender justice means that no one denied justice or discriminated only because of one’s gender (sex). The Constitution being a living document reflects the aims and aspirations of the people who gave to themselves the Constitution. Thus, Indian Constitution puts women completely at par with men and fulfills the cherished goal of equality in matters of civil, political and economic rights. Being a superior authority of the country the Indian Constitution ensures gender justice as it is enshrined in its Preamble, Fundamental Rights, Directive Principle of State Policy and Fundamental Duties. It recognizeswomen as a class by itself and permits enactment of laws and reservations favoring them. Several Articles in our Constitution make express provision for affirmative action in favour of women. It prohibits all types of discrimination against women and lays a carpet for securing equal opportunity to women in all occupations. The gender sensitive approach of the judiciary is reflected in case of C.B.Muthuamma vs. Union of India AIR 1979 SC 1868, whereas Vishaka vs. State of Rajasthan AIR 1997 SC 3011 is a landmark decision on the sexual harassment at work place. We have miles to go before gender justice is integrated into the system. Yet, despite of all the ground realities, the India womanhood has to make a long march to reach a level of justice, equity and good conscience.