The Indian Judiciary And The Quest For Gender Justice
- IJLLR Journal
- Aug 7
- 1 min read
K. Sirisha, Assistant Professor, Dr. MGR Educational & Research Institute, Chennai
ABSTRACT:
The goal of gender justice, a crucial facet of social justice, guarantees men, women, and people of different gender identities, the same rights, opportunities, and dignity. The promise of equality enshrined in Articles 14, 15, and 21 of the Indian Constitution has served as a solid basis for the advancement of gender justice. But its realization has frequently been hampered by biases, cultural norms, and societal hierarchy. By interpreting the Constitution in a progressive manner and extending the reach of gender rights, the Indian court has significantly contributed to patch this gap.
The courts have reinterpreted equality from a formal concept to one of substantive justice through monumental rulings like Vishaka v. State of Rajasthan, which led to the passage of POSH Act 2013, Shayara Bano v. Union of India, which pushed the Government to enact the Muslim Women (Protection of Rights on Marriage Act, 2019 which made Triple Talaq punishable and NALSA v. Union of India, compelled the Government to pass The Transgender Persons (Protection of Rights) Act, 2019, guaranteeing protection against exclusion, violence, and discrimination. The Researcher explores the development of judicial approaches to gender justice in India, emphasizing the ways in which human rights viewpoints, constitutional morality, and judicial activism have all worked together to empower women and gender minorities. It comes to the conclusion that the judiciary continues to play a crucial role in bringing gender justice from a legal ideal to a social reality.
Keywords: Gender, Justice, Constitution, Judicial approach, Equality.
