Strengthening Part Iii & Iv of Constitution @ 75 Years: A Reflection of Equality and Justice for All Genders
Keywords:
Justice, Gender Justice, Equality, Constitution, DignityAbstract
The goal of the feminist movement is to treat all people equally, regardless of gender. Men and women must be treated equally in all areas of society. To achieve gender equality, several interrelated social, political, environmental, cultural and educational conditions must be met. Many people around the world are realizing that progress is impossible as long as half of the population is disabled. Women face a multiplicity of complex issues. Apart from these concerns, the status of women in many cultures around the world remains deplorable, as women have no say over their own bodies or the bodies of their children. Women have long been considered vulnerable in society due to their physical, mental, and economic limitations. We live in a patriarchal society, where women have always been treated as second-class citizens and subjected to various forms of oppression.
Combination of male dominated society, vote bank politics and economic realities has led to a refusal, to question the clerics on their interpretation of the personal laws such as Shariah, Manu Smiti etc. But society is changing with more education and exposure. More and more women are talking about these things and people have started saying that there is a need to change in Personal Laws. Women are not ready to accept old practice like triple talaq, polygamy, ban on entry in religious places etc. In this Article Authors has explained the various judgments and Legislations for understanding the Journey of 75 years of the Constitution for the purpose of analyzing the development towards achieving the goal of gender justice
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Ph.D Research Scholar, School of Law, Maharaja Agrasen University, Baddi, HP, India.
Assistant Professor, School of Law, Maharaja Agrasen University, Baddi, HP, India.
The Supreme Court of India, in various judgments, has reiterated that the dignity of the individual, as assured by the Preamble, includes the dignity of women and other genders, and any act that degrades this dignity is a violation of the constitutional mandate (National Legal Services Authority v. Union of India, 2014).
The Constitution of India, through Articles 14, 15, and 16, enshrines the right to equality. Article 15 specifically prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, thereby promoting gender equality (The Constitution of India, 1950).
The commitment to gender justice in the Indian Constitution has been reinforced through various amendments and judicial pronouncements that strive to eliminate gender-based discrimination and promote equality (The Constitution (Eighty-Sixth Amendment) Act, 2002; Supreme Court of India, Vishaka & Others v. State of Rajasthan, 1997)
Art 243D of Indian Constitution ensures participation of women in Panchayati Raj Institutions by mandating at least 1/3rd reservation for women out of total number of seats to be filled by direct election and number of offices of chairpersons of Panchayats.
Art 239AA, 330A, 332A of Indian Constitution was inserted by 106th Constitutional Amendment Act 2023which provide the 1/3 reservation of women Assembly of NCT Delhi, all State Assemblies and House of People.
Maneka Gandhi v. Union of India, 1978 AIR 597
(2006) 8 SCC 212
(1981) 4 SCC 335.
(2020) 9 SCC 1
(2017) 9 SCC 1
(2019) 11 SCC 1
(2018) 10 SCC 1
(2018) 2 SCC 189
Sec 4(b) of the Hindu Minority and Guardianship Act, 1956
(1999) 2 SCC 228
AIR 1971 SO 315
AIR 1997 SC 3011 : (1997) 6 SCC 241
AIR 1999 SC 625.
1996 AIR 922, 1996 SCC (1) 490
2014 SCC 4 427
The term "State" includes all authorities within the territorial periphery of India. It includes the Government of India, the Parliament of India, the Government and legislature of the states of India. It also includes all local or other authorities such as Municipal Corporations, Municipal Boards, District Boards, and Panchayats etc. To avoid confusion with the term states and territories of India, State (encompassing all the authorities in India) has been capitalized and the term state is in lower case
AIR..1962 SC 1139
(1982) SCC (1) 618
1995 SCC (3) 635
AIR 2000 SC 1650
(2014) 5 SCC 438
Women Reservation Bill available at: https://www.loc.gov/item/global-legal-monitor/2023-11-02/india-parliament-enacts-womens-reservation-bill/?loclr=ealln (Visited on Sept 13, 2024)...
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