Constitutional Provisions for Gender Justice:

 Preamble: Ensures "Justice - social, economic, and political" and "Equality of status and
of opportunity" for all, laying the foundation for gender justice.
 Article 14: Guarantees equality before the law, emphasizing gender equality in all legal
and state actions.
 Article 15(1): Forbids discrimination solely based on sex.
 Article 15(3): Enables affirmative actions for the benefit of women and children.
 Article 16: Ensures equality of opportunity in public employment, irrespective of gender.
 Article 23: Prohibits human trafficking and forced labor, which disproportionately
affects women and girls.
 Article 39(a) & (d): Enshrines the principle of equal pay for equal work and ensures an
equal means of livelihood for both genders.
 Article 42: Advocates for just and humane work conditions and maternity relief.
 Article 51A(e & f) (Fundamental Duties): Mandates the renunciation of practices
derogatory to the dignity of women and emphasizes respect for women.
 73rd and 74th Amendment Acts (1992): Provided for reservation of seats in local
bodies for women, ensuring their participation in grassroot-level governance.

Article 39: Principles of Policy to Be Followed by the State

Article 39 emphasizes the state's responsibility to ensure social and economic welfare for all
citizens. Some key sub-clauses are:

 Article 39(a): The state shall direct its policy to ensure that men and women equally have
the right to an adequate means of livelihood.
 Article 39(d): There should be equal pay for equal work for both men and women. This
aims to prevent gender-based wage discrimination and promote economic equality.
 Article 39(e): The health and strength of workers, including men, women, and children,
should not be abused, and citizens should not be forced by economic necessity to enter
vocations unsuited to their age or strength.

Article 42: Provision for Just and Humane Conditions of Work and Maternity Relief

Article 42 directs the state to make provisions for ensuring just and humane conditions of
work and to provide for maternity relief. This is a crucial provision for supporting women,
particularly during pregnancy and childbirth, ensuring their health and economic security are
protected during such vulnerable periods.

The Maternity Benefit Act, 1961, and its subsequent amendments are legislative outcomes
influenced by Article 42. This Act ensures paid maternity leave, nursing breaks, and other
benefits for working women.

Article 43: Living Wage, etc., for Workers

Article 43 advocates for the state to secure a living wage for all workers, as well as conditions of
work that ensure a decent standard of life and social and cultural well-being. This article
underscores the importance of not just ensuring wages that meet basic survival needs but also
enabling workers to maintain a respectable standard of living.

Landmark Case Laws Strengthening Gender Justice:

 Shah Bano vs. Mohammad Ahmed Khan (1985): Emphasized the maintenance rights
of Muslim women, setting a precedent for gender justice within personal laws.
 Vishaka vs. State of Rajasthan (1997): Introduced the Vishakha guidelines to combat
workplace sexual harassment.
 Gaurav Jain vs. Union of India (1997): Recognized the rights of children born to
prostitutes, emphasizing the state's duty towards women in distress.
 Joseph Shine vs. Union of India (2018): Decriminalized adultery, underlining women's
autonomy and equality in marital relations.
 Navtej Singh Johar vs. Union of India (2018): Promoted gender justice by
decriminalizing homosexuality.
 Shayara Bano vs. Union of India (2017): Declared the practice of 'Triple Talaq'
unconstitutional, safeguarding the rights of Muslim women.
 Indian Young Lawyers Association vs. State of Kerala (2018): Addressed the
Sabarimala temple entry issue, emphasizing women's right to equality in matters of
religion.
Constitutional Protections Against Gender Bias

1. Article 14 – Right to Equality:

o Guarantees equality before the law and equal protection of the laws to every
person. This includes gender equality, ensuring that men, women, and non-binary
persons are treated equally by the state.

2. Article 15 – Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex,

or Place of Birth:
o Specifically prohibits discrimination on the grounds of sex, ensuring that no
person is discriminated against solely because of their gender.
o Article 15(3) empowers the state to make special provisions for women and
children, recognizing that affirmative action is sometimes necessary to achieve
true equality.

3. Article 16 – Equality of Opportunity in Public Employment:

o Ensures that there is no discrimination in employment in government services on
the grounds of sex, providing equal opportunities to both men and women in
public employment.

4. Article 39 – Directive Principles of State Policy (DPSP):

o Article 39(a): The state shall direct its policy towards securing that men and
women equally have the right to an adequate means of livelihood.
o Article 39(d): There should be equal pay for equal work for both men and
women.
o Article 39(e): Protects the health and strength of women workers and ensures
they are not exploited by economic necessity.

5. Article 42 – Provision for Just and Humane Conditions of Work and Maternity
Relief:
o Directs the state to make provisions for maternity relief and just working
conditions, recognizing the special needs of women in the workforce.

6. Article 51A(e) – Fundamental Duty to Renounce Practices Derogatory to Women:

o Places a fundamental duty on every citizen to renounce practices that are
derogatory to the dignity of women, promoting respect and equality for women in
society.

7. Article 243D and 243T – Reservation of Seats in Panchayats and Municipalities:

o These articles provide for the reservation of one-third of the total number of
seats for women in local self-government bodies (Panchayats and Municipalities),
ensuring their representation in governance.
Legislative Framework for Gender Equality

In addition to constitutional safeguards, several laws have been enacted to address gender bias
and ensure protection and empowerment for women:

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013:
o Aims to protect women from sexual harassment at their place of work. It requires
employers to provide a safe working environment and create an internal
complaints committee for redressal.

2. The Equal Remuneration Act, 1976:

o Ensures equal pay for men and women for the same work or work of a similar
nature, addressing wage discrimination based on gender.

3. The Protection of Women from Domestic Violence Act, 2005:

o Provides protection to women from domestic violence, including physical,
emotional, sexual, and economic abuse within the family.

4. The Dowry Prohibition Act, 1961:

o Criminalizes the practice of giving or receiving dowry, which has been a major
cause of violence and discrimination against women in marriage.

5. The Maternity Benefit Act, 1961 (Amended in 2017):

o Provides maternity leave and benefits to women, including 26 weeks of paid leave
for women in both the public and private sectors, emphasizing women’s
reproductive rights and health.

6. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) Act, 1994:
o Prohibits sex-selective abortions and practices that lead to the decline in the
female sex ratio, tackling gender bias before birth itself.

7. The Criminal Law (Amendment) Act, 2013:

o Strengthens laws related to sexual assault, including stricter punishments for
offenses like rape and stalking. It was enacted in response to growing concerns
about gender-based violence.

8. The Prohibition of Child Marriage Act, 2006:

o Prohibits the marriage of girls below the age of 18 and boys below 21,
protecting minors from forced and early marriages, which disproportionately
affect young girls.

Government Policies and Initiatives

Several government initiatives focus on promoting gender equality and empowering women:
1. Beti Bachao Beti Padhao (BBBP):
o Launched to address the declining child sex ratio and promote the education and
survival of the girl child, ensuring that girls have equal opportunities from an
early age.
o The Overall Goal of the Beti Bachao Beti Padhao (BBBP) Scheme is to celebrate
the girl child and enable her education. The objectives of the Scheme are as
under: i. To prevent gender biased sex selective elimination ii. To ensure survival
and protection of the girl child iii. To ensure education and participation of the
girl child

2. National Policy for the Empowerment of Women (2001):

o A comprehensive policy aimed at advancing women’s rights and empowering
them economically, socially, and politically.

3. Mahila E-Haat:
o An online platform that promotes women entrepreneurs by providing a space to
sell their products and services, helping them achieve economic independence.

4. One Stop Centres (Sakhi Centres):

o These centers provide support to women affected by violence by offering legal
aid, medical help, counseling, and shelter under one roof.

5. National Mission for Empowerment of Women (NMEW):

o Aims to strengthen interventions for women's empowerment by providing
coordinated implementation of various schemes and programs across different
sectors.

6. Pradhan Mantri Matru Vandana Yojana (PMMVY):

o A maternity benefit scheme providing financial aid to pregnant women and
lactating mothers to improve their nutrition and health.

7. STEP Scheme (Support to Training and Employment Program for Women):

o Provides skills training to women, particularly those from marginalized
communities, to improve their employability and income generation.
8. Mahila Shakti Kendra Scheme: The budget speech (2017-19) of the Finance Minister
announced setting up of "Mahila Shakti Kendra" at village level in 14 lakh ICDS
Anganwadi Centres with an allocation of Rs 500 crore. This is meant to provide "one
stop convergent support services for empowering rural women with opportunities for
skill development, employment, digital literacy, health and nutrition". Accordingly, the
Ministry of Women and Child Development has proposed a new sub-scheme namely
Mahila Shakti Kendra (MSK) under the Umbrella Scheme of Mission for Protection and
Empowerment for Women.
9. Ujjawala Scheme: The scheme is designed for prevention of trafficking and rescue,
rehabilitation and re-integration of victims of trafficking and commercial sexual
exploitation
 10.  Rashtriya Mahila Kosh (RMK): The scheme has been started by the Government of
India to provide loan to poor women through Intermediary Microfinancing Organisations
(IMOs), NonGovernmental Organisations (NGOs) to promote their socio-economic
development
11. Working Women Hostels (WWH): This scheme is meant for ensuring safe
accommodation for women working away from their place of residence.
12.  One Stop Centre: The Ministry of Women and Child Development is also
implementing Scheme of ‘One Stop Centre’ to provide integrated support and assistance
to women affected by violence
13.  Universalisation of Women Helpline: The scheme is intended to provide 24 hours
immediate and emergency response to women affected by violence and
14.  Mahila Police Volunteers: The scheme has been started by the Government of India
and it acts as a link between police and community and help the women in distress

Judicial Interventions

1. Vishaka vs. State of Rajasthan (1997):

o This landmark Supreme Court judgment laid down guidelines for preventing
sexual harassment in the workplace, which later led to the creation of the Sexual
Harassment of Women at Workplace Act in 2013.

2. Joseph Shine vs. Union of India (2018):

o The Supreme Court decriminalized adultery (Section 497 of the IPC), stating that
the law was discriminatory against women and violated their constitutional rights
to dignity and equality.

3. Navtej Singh Johar vs. Union of India (2018):

o Decriminalized homosexuality under Section 377, ensuring that the LGBTQ+
community, including individuals with diverse gender identities, had the right to
equality and non-discrimination.

4. Indian Young Lawyers Association vs. State of Kerala (2018):

o The Supreme Court struck down the ban on women of menstruating age entering
the Sabarimala Temple, upholding women’s right to equality and non-
discrimination in religious worship.

Crime Against Women Majority of cases under crimes against women out of total IPC crimes
against women were registered under 'Cruelty by Husband or His Relatives' (31.9%) followed by
'Assault on Women with Intent to Outrage her Modesty' (27.6%), 'Kidnapping & Abduction of
Women' (22.5%) and 'Rape' (10.3%). The crime rate per lakh women population is 58.8 in 2018
in comparison with 57.9 in 2017