The Role Of Supreme Court In Shaping Gender Justice: An Analytical Study
- IJLLR Journal
- 1 day ago
- 1 min read
Ashutosh Rai Bhardwaj, B.A.LL.B. (Hons.), University of Allahabad
ABSTRACT
Gender justice is not just a moral concept in India but rather a constitutional commitment which cannot be overlooked at any cost. India is a country which has a history of portraying humanism and equality among all genders through its rich cultural heritage. This can be proven by the fact that one of the forms of lord shiva that is Ardhanarishvara is duly worshiped in India. However, during the medieval period and in the early years after independence the Indian society remained much discriminatory towards women and the LGBT community largely due to patriarchal norms. The instances of gender bias and discrimination is still prevalent in many parts of India. This paper aims to analyse that how the Apex Court of India has significantly worked towards enforcement of gender justice and has to its best stood with the constitutional commitment of India. This paper is basically divided into various phases starting from early judicial responses after independence to the phase of major acknowledgement of gender rights (1990 Onwards), and further to the transformative phase after 2000. Each phase of this paper analyses through the various landmark judgements given by the Apex Court that apart from the worldwide debates related to gender justice, the judiciary has consistently reinforced the principle that gender justice is integral to the rule of law in India.
Keywords: Gender Justice, Apex Court, LGBT, Article, section, gender rights, After 2000
