Gender Justice Or Gender Bias: The Silent Side Of Equality
- IJLLR Journal
- 2 hours ago
- 2 min read
Kartavya Tenguria, Amity University, Lucknow, Uttar Pradesh.
ABSTRACT
India’s legal system has always tried to fix deep-rooted gender inequalities, and you can see this in laws like the Dowry Prohibition Act, Section 498A of the Indian Penal Code, and the Protection of Women from Domestic Violence Act. These laws have pushed women’s rights ahead, no question. But honestly, if you look at recent court cases and what’s happening on the ground, something else pops up: when people twist gender-specific laws, men can get the short end of the stick—in courtrooms and out in the world. So, this paper takes on a pretty tough question: While aiming for gender justice, has India ended up creating a different kind of gender bias? And does this go against the Constitution’s promise of equality and due process in Articles 14 and 21?
To get to the bottom of this, the study looks at some major Supreme Court cases—Sushil Kumar Sharma V. Union of India, Preeti Gupta V. State of Jharkhand, Arnesh Kumar V. State of Bihar, and Rajesh Sharma V. State of Uttar Pradesh—shows how the judiciary is pushing back against people misusing Section 498A, trying to keep things fair for everyone involved. The paper uses a mix of legal analysis and comparison, focusing on how protective laws, court oversight, and constitutional values all interact. It doesn’t just stop there—it calls for some real changes, like requiring a careful review before arresting someone, putting penalties in place for false accusations, and setting up Family Welfare Committees. The idea is to strike a balance between protecting people and holding them accountable. At the end of the day, the paper says real gender justice isn’t about picking sides or protecting just one group. It’s about recognizing that anyone can end up vulnerable, no matter their gender. If India wants true equality, the law has to change and look at everyone through a gender-neutral perspective. That’s how the justice system can finally match up with both the spirit of the Constitution and international human rights standards.
Keywords: gender, justice, equality, cases.
