Q5.Explain the constitutional perspective of gender justice with the help of relevant Constitutional provisions and case laws.

Gender justice ensures equitable treatment and opportunities for all genders, free from discrimination. India's Constitution is a foundational document committed to achieving this ideal through various provisions and judicial interpretations.

The Constitution guarantees gender equality as a fundamental right, prohibiting discrimination and enabling affirmative action.

• Article 14 ensures equality before law and equal protection of laws.
• Article 15 prohibits discrimination on grounds of sex, with Article 15(3) enabling special provisions for women.
• Article 16 ensures equality of opportunity in public employment, prohibiting sex-based discrimination.

DPSPs guide the state towards socio-economic justice for women.

• Article 39 mandates equal pay for equal work for men and women, and protection of workers' health.
• Article 42 directs the state to make provisions for just and humane conditions of work and maternity relief.

The judiciary has significantly advanced gender justice by expanding Article 21 (Right to Life and Personal Liberty) to include dignity and freedom from harassment (Vishaka v. State of Rajasthan, 1997). Key rulings include declaring Triple Talaq unconstitutional (Shayara Bano v. Union of India, 2017), decriminalizing adultery (Joseph Shine v. Union of India, 2018), and allowing women of all ages into Sabarimala Temple (Indian Young Lawyers Association v. State of Kerala, 2018). These judgments affirm gender justice as integral to the Constitution's basic structure.

The Indian Constitution, through its progressive provisions and dynamic judicial interpretations, firmly establishes a robust framework for gender justice, continually evolving to ensure true equality and dignity for all.