Gender Justice – Explained Pointwise

In order to address gender stereotyping, the judiciary has recently emphasized the use of gender-sensitive language in courtrooms to prevent victim-blaming. Under CJI D.Y. Chandrachud, the SC released a Handbook on Combating Gender Stereotypes. It instructed judges to stop using derogatory terms like “keep,” “fallen woman,” or “concubine,” and instead use neutral terms like “woman” or “partner.”
However, the Supreme Court under CJI Surya Kant has moved to “fine-tune” these guidelines. While acknowledging the need for sensitivity, the Court has tasked the National Judicial Academy (NJA) to create more “practical” training modules for High Court and District judges to ensure sensitivity isn’t just a “sermon” but a practiced skill in every trial.

In this context, it is important to understand the broader concept of gender justice.

Table of Content

What is Gender Justice? What are the constitutional and statutory provisions related to gender justice in India? What is the need for gender justice? What are the challenges in ensuring gender justice?

What is Gender Justice?

• Gender Justice refers to the fair and equal treatment of all genders in social, economic, political, and legal spheres. It emphasizes that everyone, regardless of their gender identity or expression, should have equal access to resources, representation, and decision-making in society.
• It goes beyond formal equality (equal laws) and aims at substantive equality (equal outcomes and opportunities) by addressing historical and structural disadvantages faced particularly by women and marginalized genders.
• Key Principles of Gender Justice:
  1. Equality: Ensures that people of all genders have equal rights and opportunities in society, addressing the systemic inequalities that exist based on gender.
  2. Respect for Diversity: Acknowledges and values the diverse experiences and identities related to gender, including those of transgender, non-binary, and gender non-conforming individuals.
  3. End to Discrimination: Seeks to eliminate discrimination based on gender, whether in workplaces, educational institutions, or legal systems.
  4. Empowerment: Focuses on empowering marginalized genders, ensuring they have a voice in decision-making processes that affect their lives.
  5. Access to Resources: Strives to guarantee equal access to resources such as education, healthcare, and economic opportunities for all genders.

What are the constitutional and statutory provisions related to gender justice in India?

Constitutional Provisions:

1. Article 14 (Equality Before Law): Guarantees that everyone is equal before the law and provides for equal protection of the laws.
2. Article 15 (Prohibition of Discrimination):
   1. Article 15(1): Prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth.
   2. Article 15(3): A crucial “justice” provision that allows the State to make special provisions for women and children (e.g., reservation of seats or special welfare schemes). 
3. Article 16 (Equality of Opportunity): Ensures equality of opportunity in public employment and prohibits discrimination based on sex.
4. Article 21: The Right to Life and Personal Liberty, which the Supreme Court has interpreted to include the right to live with dignity, free from sexual harassment and violence.
5. Article 23: Prohibits human trafficking and forced labor, which disproportionately impact women and girls. 
6. Article 39:
   1. Article 39(a): The State shall direct its policy toward securing an adequate means of livelihood for men and women equally.
   2. Article 39(d): Mandates Equal pay for equal work for both men and women. 
7. Article 42 (Just and Humane Conditions): Provides for just and humane conditions of work and maternity relief.
8. Article 46 (Promotion of Educational and Economic Interests): Protects the interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, promoting their educational and economic interests.
9. Article 51A(e): Imposes a duty on every citizen to renounce practices derogatory to the dignity of women. 
10. The 73rd and 74th Amendments (1992): Reserved one-third (33%) of seats for women in Panchayats and Municipalities.
11. The Nari Shakti Vandan Adhiniyam (2023): A historic act that mandates 33% reservation for women in the Lok Sabha and State Legislative Assemblies (to be implemented following the next census and delimitation). 

 

Statutory Provisions:

1. The Protection of Women from Domestic Violence Act, 2005: Provides protection to women from domestic violence and establishes measures for their safety and legal remedies.
2. The Sexual Harassment of Women at Workplace (POSH) Act, 2013: Codified the “Vishaka Guidelines” to protect women at work. 
3. The Maternity Benefit Act, 1961: Grants maternity benefits, including leave and payment during maternity, to women working in establishments.
4. The Equal Remuneration Act, 1976: Provides for equal remuneration to men and women for the same work and prohibits discrimination in matters of pay.
5. The Prohibition of Child Marriage Act, 2006: Prohibits child marriages and provides for the punishment of those involved in carrying out such marriages.
6. The Dowry Prohibition Act, 1961: Prohibits the giving or receiving of dowry in marriages and penalizes those who engage in such practices.
7. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994: Prohibits sex-selection and prenatal sex determination to combat female feticide.
8. The Transgender Persons (Protection of Rights) Act, 2019: Recognizes the right of transgender persons to self-perceived gender identity and prohibits discrimination in education, employment, and healthcare.

What is the need for gender justice?

1. Systemic Discrimination: Gender justice addresses the historical and systemic inequalities faced by marginalized genders, including women, transgender, and gender non-conforming individuals. These groups often experience disparities in income, education, and healthcare access.
2. Maximizing Potential: Promoting gender justice ensures that all individuals can contribute to the economy, which leads to increased productivity and economic growth. Gender-diverse workplaces enhance innovation and performance.
3. Peace and Cohesion: Societies that uphold gender justice are generally more peaceful and stable. Reducing gender-based violence and discrimination fosters social harmony, contributing to overall well-being.
4. Basic Human Rights: Gender justice aligns with universal human rights principles, ensuring everyone has the right to live free from discrimination and violence. This strengthens the fabric of democracy and promotes accountability in governance.
5. Access to Resources: Ensuring gender justice involves providing equal access to healthcare, education, and social services. This leads to improved health outcomes and empowers individuals to make informed choices about their lives.
6. Increased Representation: Gender justice promotes the inclusion of diverse voices in decision-making processes, leading to more equitable policies and community development. Empowered individuals are better positioned to challenge oppressive systems.

What are the challenges in ensuring gender justice?

1. Deep-rooted Beliefs: Traditional gender roles and stereotypes often shape societal expectations, limiting opportunities for individuals based on gender. These norms can perpetuate discrimination and violence against marginalized genders.
2. Ineffective Laws: Despite existing laws promoting gender equality, many are poorly enforced or have gaps that allow discrimination to persist. Institutional biases within legal systems can also undermine efforts toward gender justice.
3. Pay Gaps and Employment Inequality: Gender-based economic disparities, such as wage gaps and unequal access to certain professions, persist in many societies. This limits financial independence and economic empowerment for marginalized genders.
4. Gender-based Violence: High rates of gender-based violence, including domestic violence and sexual harassment, create significant barriers to achieving gender justice. Fear of violence can deter individuals from seeking justice or asserting their rights.
5. Educational Inequities: In many regions, access to education and resources is often unequal, with girls and marginalized genders facing barriers to obtaining quality education and skills training.
6. Lack of Representation: Underrepresentation of women and marginalized genders in political and leadership roles hinders the development of policies that address their specific needs and interests.
7. Multiple Identities: The intersection of gender with other identities (such as race, class, and sexuality) complicates the challenges faced. Individuals may experience compound discrimination that makes addressing gender justice even more difficult.

UPSC GS-2: Polity Read More: Indian Express