Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (Answer in 250 words)

Gender justice requires substantive equality: removing formal discrimination as well as social structures that deny women and gender minorities equal capability and dignity.

Constitutional framework

• Articles 14, 15 and 16 guarantee equality and permit affirmative action; Article 15(3) enables protective measures.
• Articles 39(a), 39(d), 42 and 51A(e) support livelihood, equal pay, humane work and renunciation of practices derogatory to women.
• Articles 243D and 243T provide political reservations in local bodies; dignity and privacy flow from Article 21.

Judicial development

• Vishaka addressed workplace sexual harassment through constitutional equality and international norms.
• Anuj Garg rejected paternalistic restrictions on women’s employment.
• Shayara Bano and Joseph Shine challenged practices violating dignity, autonomy and equality.
• NALSA recognised gender identity and equal constitutional personhood.

Implementation still requires care work recognition, safety, intersectional policy, equal inheritance and institutional accountability. Constitutional morality must replace patriarchal social morality.

polity, gender justice, equality, constitutional law