Q. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

Model Answer: 

The constitutional perspectives on gender justice in India are rooted in the fundamental principles of equality, non-discrimination, and affirmative action. These perspectives are enshrined in various constitutional provisions and have been further interpreted and reinforced through landmark judicial decisions.

Constitutional Provisions for Gender Justice:

The Indian Constitution addresses gender justice through several key articles:

1. Article 14 guarantees equality before the law, ensuring that all persons, regardless of gender, are treated equally under the law.

2. Article 15 prohibits discrimination on grounds of sex, among other factors. Notably, Article 15(3) allows for special provisions for women and children, enabling affirmative action.

3. Article 16 ensures equality of opportunity in public employment, promoting gender equality in the workforce.

4. Article 21, interpreted expansively by the judiciary, protects the right to life and personal liberty, encompassing the right to live with dignity.

5. Article 39 directs the state to ensure equal right to means of livelihood and equal pay for equal work, addressing economic aspects of gender justice.

6. Article 42 provides for just and humane working conditions and maternity relief, recognizing the specific needs of women in the workplace.

7. Article 51A(e) makes it a fundamental duty of citizens to renounce practices derogatory to the dignity of women.

Case Laws and Judicial Interpretation:

The Supreme Court has played a crucial role in advancing gender justice through its interpretations:

1. Vishaka v. State of Rajasthan (1997): In the absence of legislative provisions, the Court laid down guidelines for preventing sexual harassment at workplace, later codified into law.

2. Mary Roy v. State of Kerala (1986): This case struck down the Travancore Christian Succession Act, granting equal inheritance rights to Syrian Christian women.

3. Githa Hariharan v. Reserve Bank of India (1999): The Court held that a mother could be the natural guardian of her minor children, challenging patriarchal norms.

4. Joseph Shine v. Union of India (2018): The Court decriminalized adultery, striking down a law that treated women as property of their husbands.

5. Indian Young Lawyers Association v. State of Kerala (2018): The Court allowed entry of women of all ages into the Sabarimala temple, upholding the right to worship.

These provisions and rulings reflect a progressive approach to gender justice, balancing formal and substantive equality. While the judiciary has expanded its scope, challenges remain in implementation. Ongoing efforts are crucial to align constitutional ideals with social realities.