Gender Justice in the Indian Constitution

Constitutional Perspectives on Gender Justice

• The Indian Constitution upholds ideals and values for gender justice, including:
  • Preamble: outlines rights of minorities, equality, and social justice
  • Fundamental Rights (Part III): including right to equality, freedom, life with dignity, and against exploitation.
    • These rights are enforceable in courts.
  • Directive Principles of State Policy (Part IV): outline social needs and provide guidelines for the state, including the goal of achieving social justice and security
    • These are not directly enforceable in courts, but should be strived for by the state.

Uniform Civil Code

• Article 44 of the Directive Principles emphasizes the need for a Uniform Civil Code to ensure uniformity in personal laws, governing aspects like:
  • Marriage
  • Succession
  • Adoption
  • Divorce
  • Maintenance
• Personal Laws in India vary based on religion, leading to discrepancies in the application of these laws
  • Hindus, Muslims, Christians, etc. have individual personal laws.
  • The issue of Triple Talaq arises in this context.
• This disparity in legal treatment of personal laws, particularly affecting women's well-being has been a major concern.

Gender Justice and Directive Principles

• Article 40 speaks about establishing village Panchayats as units of self-government and the 73rd and 74th Amendments (1992) introduced reservations for women in Panchayats and Municipalities.
• This change is significant for promoting women's participation in decision-making.

Fundamental Duties and Gender Justice

• Part 4A of the Constitution outlines Fundamental Duties, which are considered obligations of citizens towards the nation.
• Article 51A (e) mandates citizens to renounce practices derogatory to women's dignity, including:
  • Sexual harassment
  • Sexual abuse
  • Domestic violence
  • Prostitution
  • These practices violate women's rights and pose a challenge to their dignity.

Constitutional Interpretation and Gender Justice

• While Directive Principles themselves are not directly enforceable, courts have tried to interpret them within the framework of fundamental rights to indirectly ensure their implementation.
• Courts attempt to achieve a balance between individual rights and social justice, seeking to ensure that Directive Principles are effectively reflected in judicial rulings.

Key Cases

• Shah Bano Case: raised issues regarding a Muslim woman's right to maintenance after divorce and the limitations imposed by Muslim law.
• Sarla Mudgal Case: involved the conversion of a husband to Islam to contract a second marriage, highlighting the issue of polygamy.
• These cases shed light on the challenges faced by women due to the current structure of personal laws and the need for legal reforms.