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Gender Justice And The Law: A Socio-Legal Study Of Structural Inequality In India




Kavita Devi, (LLM- Maritime Law), Rashtriya Raksha University, Gujarat


ABSTRACT


The pursuit of the gender justice in India represents one of the most complex socio-legal transformations of the post-colonial era. Despite, the constitutional vision of the equality and dignity, gender-based discrimination continues to pervade in every sphere of the Indian society. From the political participation and property ownership to the workplace equity and access to justice, women encounter systemic barriers that have evolved from the centuries of the patriarchal norms. This paper undertakes a socio-legal examination of the gender inequality in India, evaluating how the legal institutions, judicial interpretation, and the policy reforms have attempted, often inadequately, to transform the social realities. Anchored in the framework of the constitutional guarantees under the Articles 14, 15, and 21, and influenced by the international human rights instruments such as the international treaty adopted by the UN General Assembly in 1979, The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), this article analyses the intersection between law and the social structure. It explores the feminist jurisprudence, judicial activism, and the role of state institutions in redefining the gender justice. The study ultimately argues that substantive equality demands more than legal reform that is requires in the social transformation through the education, representation, and inclusive governance.


Keywords: Gender justice, constitutional law, rights for womens, equality, jurisprudence.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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