Gender Justice Through Judicial Activism
- IJLLR Journal
- 2 hours ago
- 2 min read
Asmita Tyagi, Symbiosis Law School, Noida, Symbiosis International (Deemed University)
1. INTRODUCTION:
1.1 Description of the Topic/Abstract:
Gender justice can be defined as the just and equal treatment of human beings regardless of their gender with the provision of equality of rights, opportunities as well as dignity in all areas of life. In India, gender justice has become a practice necessary component of constitutional democracy since social systems have historically categorized women and gender minorities such as the transgender community etc. as a disadvantaged group. Although there have been equal chances assured by the constitution, gender discrimination and violence are still taking root in the social, economic and judicial sectors.
Articles 14, 15 and 21 put all genders on an equal level in the constitution. Article 14 confirms that everyone must be treated equally before the law which is Art.15, no one should be discriminated because of his or her sex hence it is Article 15 and Article 21 affirms everyone the right to life and personal liberty. These foundational articles assist the judiciary on the importance of viewing the fact that there is no law, statute or guideline that contradicts or is in variance with these rights. Judiciary particularly the Supreme Court of India has had great role in interpreting the states of the constitution by its wide interpretation to promote gender justice.
Judicial activism is described as the activist role that the court performs in defense of rights and injustices that cannot be guarded by the legislative and executive actions. Constitutional interpretation, public interest litigation (PIL) and progressive judgments that promote social justice have frequently been used as forms of judicial activism in India. Under gender justice, courts have often intervened to interpret the deficiencies in the legislatures and deal with societal injustices as well as providing solutions to gender victims.
