Gender Justice Through The Lens Of Transformative Constitutionalism: The Role Of Indian Constitution

Smriti Chandra, Gujarat National Law University

ABSTRACT

In India the patriarchal constructs are so deeply imbedded in the society that women and sexual minorities are still a subject of stigmatization and discrimination. However, the Indian Constitution recognizes women at an equal status and provides special protection for them but there is more than just the constitutional provision that can give way to empowermentof the marginalised. A transformative approach towards the interpretation of Constitution can drive in social change by imbibing a sense of dignity of individual. This paper explores the roleof Transformative Constitutionalism in promoting Gender Justice. Transformative Constitutionalism seeks to contextualize Constitutional Morality to address structural inequalities and empower marginalized groups. The research identifies a gap in the literature on the effectiveness of Transformative Constitutionalism in promoting Gender Justice in Indiaand poses research questions to tap this potential further. The paper highlights the significanceof interpretational approach of the court in promoting Gender Justice and the potential of Transformative Constitutionalism to address the existing disadvantageous position especially of the Sexual Minorities that perpetuate gender-based injustices in India. The paper aims to address this gap by examining the potential of transformative constitutionalism in addressing key issues related to Gender Justice, such as gender-based violence, unequal access to education and employment opportunities, and discrimination against women.

The paper poses the following research questions: What are the key constitutional provisions and landmark judgments related to gender justice in India? How has Transformative Constitutionalism contributed to promoting Gender Justice in India? And it underlines the role of Constitutional Morality in bringing about a societal transformation. This paper also underlines the areas having the potential of transformation through judicial ruling and legislative enactments. This paper highlights the constitutional framework and it marks the trajectory ofjudgements that guide towards upholding Constitutional Morality as opposed to the more prevalent Social Morality.

Keywords: Transformative Constitutionalism, Gender Justice, Sexual Minorities. Constitutional Morality, Social Morality.