Constitution and Gender justice: Judicial Interpretation with reference to Indian Women

Paper Details 

Paper Code: RP-VBCL-22-2024

Category: Research Paper

Date of Publication: April 20, 2024

Citation:  Dr. Preethi A Nayak & Dr. Santosha Kumara A, “Constitution and Gender justice: Judicial Interpretation with reference to Indian Women", 1, AIJVBCL, 339, 339-357 (2024),<https://www.vbcllawreview.com/post/constitution-and-gender-justice-judicial-interpretation-with-reference-to-indian-women>

Author Details: Dr. Preethi A Nayak, Vice Principal, Dr. RammanoharLohia College of Law, Bengaluru, Karnataka,India &

Dr. Santosha Kumara A, Assistant Professor, SDM Law College, Mangaluru, Karnataka, India.

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 ABSTRACT

The search for gender justice is woven into the complex fabric of the Indian Constitution in a dynamic way that is influenced by cultural dynamics, historical legacies, and legal advancements. The fundamental tenets of fairness, equality, and nondiscrimination are ingrained in the Constitution, which forms the cornerstone of India's legal system and paves the way for the defence and progress of gender rights. The realisation of gender justice confronts ongoing obstacles despite these fundamental foundations, exposing a troubling discrepancy between constitutional aspirations and actual conditions. The voyage of the Indian Constitution is examined in this article, starting from its conception and ending with its current forms. Over this trip, a number of legislation reforms and modifications have had a significant impact on how gender rights are seen in the nation. But a closer look shows enduring issues and discrepancies that need our attention. Gender justice is still a complex field, with concerns like uneven access to opportunity, gender-based violence, and social norms that support discriminatory practises. This article's perspective is centred on examining significant constitutional clauses, evaluating significant legal decisions, and exploring the sociocultural context that shapes gender dynamics in India. The goal of traversing this difficult terrain is to evaluate the status of gender justice as it stands today and to pinpoint possible future directions for advancement. By doing this, this paper hopes to make a significant contribution to the current discussion on gender rights within India's constitutional framework.

Keywords: Gender Justice, Indian Constitution, Gender rights, Judiciary and Women

INTRODUCTION

India has long struggled with its reputation as one of the most unequal civilizations in the world, especially when it comes to how it handles gender issues. This inequality is especially noticeable for women, who are forced into submissive positions and face a variety of social issues such as child marriage, infanticide, and foeticide, as well as discriminatory practises pertaining to coparcenary property rights. India is still shackled by antiquated social mores and customs, even in the twenty-first century, when the world has become more conscious of feminist ideals. India is a key player in the patriarchal environment, where women still struggle with lower status than males, because of its deep roots in a kin-ordered social structure. Aware of this injustice, the constitution's founders imagined a society in which Indian women would get equal treatment and have their rights protected by the government. As a result, clauses protecting women's rights and advancing gender justice were included to the constitution. The continuous difficulty of translating these constitutional objectives into real society transformation is shown by the persistence of profoundly embedded social practises. Even though Mahatma Gandhi presented himself as a supporter of women's rights in 1920[1], he counselled women to refocus their efforts on obtaining the right to vote. Rather than that, he urged them to focus their energies on helping men fight a common enemy, as described in "Domestic Violence and the Indian Women’s Movement: A Short History." [2]

Gender-based discrimination did not exist in ancient Indian civilization, when women and men were considered equals. As mothers, or Janani, women were respected by society. Hindu texts went so far as to call women Devi. Women in this age were granted all fundamental rights, including the opportunity to seek education. Known as Ardhangini, or better half, the wives of rishis participated actively in spiritual pursuits with their husbands. Women represented guardians and keepers of mortality and values throughout the Vedic age, living lives on par with males. Indian women's historical narratives depict a dual experience of emancipation and enslavement. Women represented the protectors and nurturers of ideas throughout the Vedic age, even if these responsibilities changed with time. During this time, characters like Gargi, Maitreyi, Sita, Draupadi, and Alapa served as examples of the ideal roles women should play. They competed with males in a variety of areas, possessed significant income and property, and were granted rights and equality. These powerful ladies had a great effect on their children and helped to guide them as well. Human equality was emphasised in the ancient Vedas as the cornerstone of civilization. The TaittiriyaSamhita emphasised equality by comparing men and women to a cart's two wheels.

In prehistoric India, these Vedic lessons provided powerful illustrations of gender equality.[3]Ensuring that men and women have equal access to opportunities in the workplace, in earned income, and in other areas is a necessary component of gender equality. The Indian Constitution has several important sections that uphold the idea of equality, including sections 14, 15, 16, and 39. In Article 14, the right to equality is discussed. It states that all Indian citizens have the right to be treated equally before the law and that discrimination on the basis of gender, colour, caste, class, or religion is forbidden. The difficulties in realising this constitutional objective are highlighted by the effects of early marriages on women, which impede their attempts to pursue higher education and work. According to Article 15, the state is not allowed to treat people differently on the basis of caste, class, gender, or religion. This includes making sure that men and women are treated equally at work in terms of pay and treatment. Article 16 advocates against discrimination based on caste, religion, gender, and other like characteristics and stress the provision of equal opportunity for all Indian residents in areas pertaining to public sector employment placements. The idea of equal pay for men and women is emphasised in Article 39, which emphasises that men and women should be paid equally for doing the same job.

The purpose of this constitutional clause is to advance workplace justice and abolish gender-based pay discrimination.Clearly, the history of women is undergoing a significant transformation at the moment[4]. The indicators are everywhere; more and more women's voices are heard in the streets, in Parliament, and in the courts. In contrast to their Western counterparts, who had to fight for almost a century to get basic rights like the ability to vote, women in India were accorded equal rights with males from the outset of the Constitution. Unfortunately, because of things like deeply rooted restrictive customs and illiteracy, a large number of women in the nation still do not know their rights. Even with the prominence of individuals like the Indian-born astronaut KalpanaChawla, who became the first woman in space after joining NASA, and the formidable Indian Prime Minister Indira Gandhi, as well as well-known figures,  these individuals do not adequately reflect the range of experiences that Indian women face. Scholars in ancient India claim that women were treated equally with males in all areas of life, yet there are varying views about this. Early Vedic grammarians like Patanjali and Katyayana's writings imply that women were educated at this time. According to rigvedic poems, women were probably free to pick their life companions and married at a mature age. Scriptures such as the Rig Veda and the Upanishads prominently include female sages and seers, such as Gargi and Maitreyi. Some ancient Indian kingdoms had unique customs that persisted, such the "bride of the city" or "nagarvadhu" tradition, in which women vied for this esteemed title. Amrapali is a well-known example of a nagarvadhu. Studies reveal that women had equal status and rights in the early Vedic era. But from about 500 B.C., women's standing began to fall due to the impact of books like the Manusmriti as well as outside events like Babur's Islamic invasion, the Mughal empire, and later Christianity. These factors had a part in limiting the liberties and rights of women. A number of women's commissions[5], like the Ladies Theosophical Society and the Bangamahilasamaj, worked at the local level to promote contemporary concepts that benefited women. Legislation during this time mostly addressed women's rights in relation to marriage, property, and work. The Hindu Women's Right to Property Act, the Hindu Succession Act, the Factory Act, the Employees' State Insurance Act, the Married Women's Property Act, the Married Women Property Extension Act, and the Hindu Law of Inheritance were among the important acts.

CURRENT SCENARIO

In terms of gender parity,[6] India moved up eight spots from last year's rating of 135 to 127th place out of 146 nations in the 2023 Gender Gap Report. Even while the gender gap has closed by 64.3% overall, this is hardly reason for happiness. India can yet go better in the four key areas of political empowerment, health and survival, educational achievement, and economic engagement and opportunity. Improving results in these domains might enable the majority of the world's population to actively participate in economic growth and societal well-being. Thanks to steps taken after the 73rd and 74th amendments, India has demonstrated excellent results in education and political empowerment, notably with women's representation topping 40% in local administration. Though this is the greatest percentage of women among lawmakers since the report's first release in 2006, the fact that women still only make up 15.1% of lawmakers emphasises the need for improvement. This ought to spur Parliament to step up its efforts, especially in relation to the long-overdue Women's Reservation Bill. The bill, which was first presented in 1996, calls for allocating 33% of the seats in the State Legislative Assemblies and LokSabha to women. The fact that Nagaland, a state since 1963, just elected its first two female MLAs in 2023 should serve as a barometer for the current status of women's political engagement.

In terms of gender parity, India ranks 127th out of 146 nations in the World Economic Forum's (WEF)[7] annual Gender Gap Report for 2023. This represents an eight-place improvement over the prior year. India has moved up eight spots and 1.4 percentage points, according to the study, indicating a partial comeback towards its 2020 parity target. In spite of attaining enrollment parity at every educational level, the research notes that 64.3% of the gender gap has been bridged in India. It does, however, highlight the fact that the nation has only attained 36.7% parity in terms of economic opportunity and participation.  Pakistan is ranked 142, Bangladesh is 59, China is 107, Nepal is 116, Sri Lanka is 115, and Bhutan is 103 when compared to its neighbours. Iceland, as reported in the study, has closed over 90% of its gender gap and is still the most gender-equal country in the world for the 14th year running.

India cannot fully thrive unless equal support is given to both boys' and girls' optimal growth.[8] Girls are subject to different hazards, violations, and vulnerabilities due to their gender alone. These difficulties are closely linked to the disadvantages that girls face on the social, political, cultural, and economic fronts in their daily lives, and they are more noticeable in times of crisis and calamity. Girls are more likely to experience child marriage, teenage pregnancy, early domestic work, limited access to quality education and healthcare, and increased vulnerability to sexual abuse, exploitation, and violence as a result of pervasive gender discrimination, social norms, and practises. In order to address these problems, girls must be valued more deeply in order to be acknowledged for their worth and potential for good change.

Ensuring equal rights and opportunities for all genders is a key component of gender justice[9]. Achieving gender equity is crucial in India, where ingrained patriarchal practises provide serious obstacles. The cornerstone of India's legal system, the Constitution, resolutely supports this goal by changing and growing to meet the country's changing goals. By guaranteeing "Justice - social, economic, and political" and "Equality of status and of opportunity" for everyone, the Preamble lays the groundwork for gender justice. Article 14 emphasises gender equality in all legal and state acts, guaranteeing equality before the law. The sole basis for discrimination is sex, as stated in Article 15(1). Affirmative action is permitted under Article 15(3) for the benefit of women and children. Gender-neutral equality of opportunity in public employment is guaranteed by Article 16. Forced labour and human trafficking, two problems that disproportionately impact women and girls, are forbidden under Article 23. The idea of equal compensation for equal labour is enshrined in Article 39(a) and (d), which also guarantees equal living standards for men and women. Article 42 promotes maternity leave and fair and compassionate working conditions. Article 51A(e & f) (Fundamental Duties) stresses respect for women and calls for the rejection of practises that diminish their dignity. Significant progress was made towards gender justice with the 73rd and 74th Amendment Acts (1992), which guaranteed women's involvement in local body government by reserving seats for them.[10]

CHALLENGES

It is essential to advance chances and advancement for all Indian girls and boys. [11]Gender inequality still exists, which prevents children and those who care for them from having the opportunity to reach their full potential.Gender disparity is a daily occurrence for both boys and girls in India, regardless of where they live. It is present in textbooks, movies, media, and interactions with carers. Unfair opportunities arise from gender differences, and statistical data suggests that females are disproportionately affected by these disadvantages. Girls are typically more likely than boys to survive at birth, grow normally, and attend preschool. However, India is the only major nation where more girls die than boys. Girls are also more likely to drop out of school. In India, experiences depending on gender vary during adolescence. While girls face significant restrictions on their mobility and ability to make decisions on job, education, marriage, and social relationships, boys frequently have greater freedom. These gender obstacles continue to exist as people get older and mature, which adds to the glaring gender gap that is seen in the formal workplace, where just 25% of women are represented.

Many Indian women are powerful voices and worldwide leaders in a variety of disciplines, yet because of deeply rooted patriarchal beliefs, customs, and systems, most Indian women and girls are not able to fully exercise their rights. For India to fully grow, boys and girls must have the same assistance in order to reach their full potential. Girls have everyday economic, political, social, and cultural disadvantages that are closely related to gender-specific hazards, violations, and vulnerabilities. These disadvantages are exacerbated during times of crisis and tragedy. It is essential to address these issues in order to promote a society in which every person, regardless of gender, may prosper. Girls are more likely to experience child marriage, teenage pregnancy, early domestic work, limited access to high-quality education and healthcare, and increased vulnerability to sexual abuse, exploitation, and violence as a result of pervasive gender discrimination and deeply ingrained social norms. Changing these results will need a cultural shift in values to appreciate and acknowledge the worth and well-being of females[12].

JUDICIAL TRENDS AND PRACTICAL REALITY

As was previously noted, women are guaranteed equal rights under the Indian Constitution in regard to Fundamental Rights. This covers the rights to freedom, equality, and protection against exploitation, as well as the rights to religious freedom, cultural and educational rights, and constitutional remedies. Let us now explore the views of the court with respect to women and evaluate the extent to which the judiciary has successfully converted de jure equality into de facto equality.

The emphasis of the Shah Bano v. Mohammad Ahmed Khan [13] case was on highlighting Muslim women's maintenance rights, setting a precedent that greatly advanced gender equity within personal laws. The Supreme Court made it clear in the case that a Muslim woman who has been divorced or disowned by her husband cannot be denied her maintenance rights if she is unable to provide for her children or herself. But the Supreme Court came under heavy fire when it handed down its decision in the case. Muslim women, married or single, were denied their basic rights and critical freedoms throughout that time, which went against human rights. When it came to their social standing, Muslim women at the time trailed behind women in other regions of the world. They experienced severe obstacles, constraints in their education, and a lack of independence, all of which had an effect on their knowledge and sense of self. Their predicament was made worse by the restriction of chances for work and education. Due to their upbringing, it was only inevitable that, in trying times, they would find it difficult to make ends meet and maintain themselves, which would call for the payment of alimony or maintenance. The case seemed like previous maintenance claims, but two crucial discoveries made it stand out.

First, the question of whether the Uniform Civil Code extended to all religions and their adherents was raised in light of the spiritual dimensions of religious personal laws. Second, it was questioned if the Cr.PC applied to legislation pertaining to personal religion. The case brought up a number of important points. In the first place, it attempted to ascertain whether Section 125 of the Code of Criminal Procedure applied just to Muslims or if people of all religious backgrounds were covered by it. Second, the case examined whether a husband's payment of Mehr during a divorce was enough to release him from future maintenance obligations to his spouse. This element raised important questions about the amount and kind of financial support provided to the divorcing spouse. Finally, the case tackled the more general social and legal query of whether the Uniform Civil Code was applicable to all religions equally or if it had particular consequences for particular religious groups. The case's legal and social aspects were defined by these interrelated problems, which prompted a careful investigation of the relationship between support responsibilities, personal religious regulations, and the general guidelines of a unified civil code. Chief Justice Chandrachud issued the decision in the historic Shah Bano case, addressing important questions about Muslim women who have divorced and their rights to maintenance. As intervenors in the case were Jamiatulema-e-Hind and the All India Muslim Personal Law Board. In a unanimous ruling on February 3, 1981, the Supreme Court rejected Mohd. Ahmad Khan's appeal and upheld the High Court's ruling. The court made it clear that Muslims were treated equally under Section 125(3) of the Code of Criminal Procedure. It stressed that, contrary to Section 125 of the CrPC, 1973, a husband's obligations to his divorced wife in Muslim law only continued during the "Iddat" period. The Supreme Court declared that this part of Muslim law was inhumane and that a divorced wife in such a situation could not support herself. The court came to the conclusion that if the divorced woman was able to support herself, the husband's legal responsibility ended. However, under Section 125 of the CrPC, the wife was entitled to maintenance or alimony if she was unable to support herself after the Iddat term.[14]

In other hand, as a response to and preventive action against workplace sexual harassment, the Vishakha rules were created in the 1997 case Vishaka v. State of Rajasthan[15].  The Supreme Court clearly defined sexual harassment as include any unwelcome or uninvited physical contact, improper behaviour, display of pornography, and explicit sexual remarks or messages in the case of Vishakha & others v/s the State of Rajasthan[16]. These kinds of actions, in my opinion, seriously violate women's right to life, impairing both their physical and emotional health. Preventing sexual harassment and establishing gender equality in the workplace are critical. Guidelines were created by the Supreme Court, which mandated that the person in control of any institution—public or private—take appropriate action to stop sexual harassment. If someone was found guilty of sexual harassment, they had to pay penalties. The topic of women being sexually harassed at work has become serious and crucial. Private businesses were ordered to put strict policies in place to penalise sexual harassment. Additionally, the person in control of the institution was expected to take swift action against any illegal activity involving external persons harassing others. In this instance, the question of whether laws against sexual harassment of women at work must be passed is brought up.

The rights of children born to prostitutes were recognised in the 1997 case of Gaurav Jain v. Union of India[17], emphasising the state's duty to assist women in need. In this instance, the Supreme Court[18] ordered the creation of a commission to thoroughly investigate the problems surrounding prostitution, child prostitutes, and prostitutes' children, among other things. Creating workable plans for their rehabilitation and rescue was the goal. The Court underlined the necessity to defend the human rights of prostitutes' children, stating that they shouldn't be exposed to the unfavourable circumstances of prostitution houses. In addition to administrative efforts to combat the immoral trafficking of women under the ITP Act through interstate or international collaboration such as Interpol, the Apex Court's directives sought to address the root causes with specific action objectives. The CBI was tasked with investigating and preventing such crimes. The "Committee on Prostitution, Child Prostitutes and Children of Prostitutes and Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children" was created by the Central Government in 1998 in response to the Court's directions. The group created an action plan outlining problems associated with commercial sexual exploitation and put forth specific suggestions to tackle the issue in a methodical manner, including changes to the legislation and enforcement. Committees at the district level were established as part of the Action Plan's implementation to handle regional issues. The task of establishing an anti-trafficking unit to protect the rights of trafficked individuals by offering effective legal remedies, protection, non-discriminatory treatment, and avenues for compensation and recovery fell to each district committee, which was led by an official not lower than the rank of Deputy Superintendent of Police. Although anti-trafficking measures were necessary, the Court stressed that they shouldn't violate any woman's human rights under the pretence of safeguarding all women. It was believed that the universality of human rights and the prohibition against discrimination were unassailable. The aforementioned measures attempted to guarantee that people who had been trafficked were not viewed as criminals but rather as victims of crime who had experienced grave violations of their human rights. Unfortunately, a lot of countries still treated people who were trafficked as criminals and illegal immigrants, which made them even more victims.

The Supreme Court of India decriminalised adultery in the 2018 case of Joseph Shine v. Union of India[19], highlighting the equality and independence of women in marriage. [20]Chief Justice Deepak Mishra began his ruling by stating that wives are not their husbands' property and highlighting the autonomy, dignity, and privacy of women. Section 497 has been criticised for violating a woman's privacy, autonomy, and dignity and for undermining the principles of liberty and dignity that are ingrained in the Indian Constitution. The ruling emphasised how privacy and dignity are inextricably linked and are safeguarded by Article 21 of the Constitution. Seen as infringing upon a wife's right to life and personal freedom, Section 497 upholds an unfair gender-biased perspective in marriages. The ruling maintained that sexual autonomy is a matter of human liberty and emphasised the necessity of mutual respect and trust in a marriage in order for sexual autonomy to be recognised. The section's arbitrary character and failure to uphold the sanctity of marriage were highlighted as reasons why it was found to be in violation of Articles 14, 15, and 21 of the Constitution. The court ruled that adultery is no longer a crime, stating that it is more of a private matter than a transgression against the community. The ruling supported the notion of equality in society by highlighting the fact that husbands shouldn't be viewed as their wives' rulers. It was observed in the analysis of the judgement that the adultery-related offences will end as a result of the Supreme Court's ruling. Nonetheless, adultery is still recognised as a legal basis for divorce. The ruling drew criticism for failing to present a compelling case and for perhaps inciting sexual chaos. The court's ruling was likened to the idea that criminal law serves as an exemplar of moral values within Indian society. Since divorce is still the sole option, concerns have been expressed concerning the effects unfaithful marriages have on children and families. It was emphasised that the ruling offered no recourse for children resulting from these types of unions. Despite difficulties in enforcing it, Section 497 was recognised as a deterrence against adultery. It was debated how the ruling might affect the nation's socioeconomic structure, highlighting the importance of taking a balanced approach. It was anticipated that overturning Section 497 would lead to a rise in marital suicide rates and possible Section 306 indictments for aiding and abetting suicide. It was stated that amending the provision instead of repealing it would have been a more sensible course of action. It was said that the clause delegitimized women's sexuality by excluding them. It has been suggested that Section 198 of the 1973 Code of Criminal Procedure be repealed since it forbids wives from reporting infidelity.

By decriminalising homosexuality in the 2018 case of Navtej Singh Johar v. Union of India[21], the Supreme Court promoted gender justice. The Supreme Court's decision[22], which upheld the LGBTQ community's equality rights after they had been wrongfully denied by antiquated legislation from the Victorian era, is a noteworthy turning point in legal history. Every person's dignity and self-worth are deeply insulted by any type of discrimination based on sexual orientation, and the community justifiably demands equal rights and respect. The 158-year-old statute that made carnal relations against the natural order illegal was declared unconstitutional by the Supreme Court. The court ruled that Section 377 was unconstitutional because it violated Articles 14, 15, 19, and 21 of the Constitution, overturning its previous verdict in the Suresh Kaushal case.

The Sabarimala temple access dispute was the subject of the 2018 Indian Young Lawyers Association v. State of Kerala lawsuit[23], which brought attention to the significance of women's equality in terms of religion. Rule 3(b) of the KHPW Act was invalidated by the Supreme Court in a 4:1 ruling, which ruled that the ban on women between the ages of 10 and 50 entering the Sabarimala shrine was unconstitutional. To guarantee the security of female pilgrims accessing the site, the Court issued guidelines[24]. The prevailing view was that followers of Lord Ayyappa were a member of the Hindu society and not a distinct religious sect. It was decided that the exclusion of women was not a necessary religious practise in the absence of any scriptural support. The majority also ruled that Rule 3(b) of the KHPW Act was unconstitutional, highlighting the act's reform and accessibility for all to public Hindu sites. Justice D.Y. Chandrachud compared the social exclusion of women because of their physical characteristics to a kind of untouchability, which is expressly forbidden by Article 17 and violates fundamental morals. In terms of privacy, he said that a woman's menstrual state is fundamental to her right to privacy and that it is against the constitution to impose exclusionary disabilities based on this fact, since it undermines the constitutional protection of women's dignity. In her dissenting opinion, Justice I. Malhotra contended that the petitioners lacked standing in this matter. She argued that Part III of the Constitution was not violated by the restricted limitation on women's admittance, and that worshippers of Sabarimala Temple, also known as Ayyappans, qualified as a religious group under Article 26[25].

ANALYSIS WITH DEVELOPED COUNTRIES

Globally, women struggle with injustice and prejudice on a daily basis. They face obstacles to studying, earning, and taking on leadership responsibilities, as well as abuse, maltreatment, and unfair circumstances in their families, workplaces, and larger communities. Women make up the bulk of those who are impoverished; they have less money, less authority, and less influence than males do. Factors including age, race, class, and exposure to religious and other types of fundamentalism lead to further discrepancies. Poverty is significantly exacerbated by gender inequality, which is a basic violation of women's rights. The percentage of women in political leadership is still appallingly low worldwide; they make up only 5% of mayors and fewer than 24% of lawmakers[26]. Worrisome pay gaps still exist, with women in many areas and industries making about 24% less than males for work of a similar kind. Women continue to be disproportionately affected by illiteracy; of the 781 million illiterate adults worldwide, nearly two-thirds are female. This alarming ratio has not altered in 20 years. Legal barriers impede gender equality even more. There are laws in 153 nations that discriminate against women economically, and in 18 of those countries, husbands have the legal right to forbid their wives from working. It is alarming to note that one in three women and girls worldwide will be victims of abuse or violence at some point in their lives. Statistics showing that 44% of lesbians and 61% of bisexual women experience physical abuse, stalking, or rape at the hands of an intimate partner, compared to 35% of heterosexual women, highlight a very alarming component of this problem. In addition, about 10% of LGBTQ+ people were unemployed before the epidemic, which is about twice as high than the percentage for non-LGBTQ+ people. When taken as a whole, these figures highlight the urgent need for all-encompassing initiatives to reduce gender gaps and advance real equality across the globe[27].

Investing in and empowering females via education, sports, life skills, and other means is essential to raising their worth. Together, we may achieve a variety of aims and objectives. These can be short-term (like reducing anaemia and increasing access to school) or medium-term (like stopping child marriage) or long-term (like ending gender-biased sex selection). [28]It will need the participation of men, women, and boys as well as the mobilisation of many social sectors to change the way that girls are perceived. A change in societal attitudes is necessary for all girls and boys in India to have their rights fulfilled. In order to empower girls and contribute to the progress of India, targeted investment and collaboration are required, along with the provision of basic amenities, safety assurance, and education and skill-building to lower risks and promote holistic development. Girls often struggle to get access to social networks, knowledge, and life-saving tools, especially when they live in tough situations. Millions of girls' resilience may be increased by specially designed programmes that target their specific needs, prioritise education, the development of life skills, put a stop to abuse, and take into account the contributions of girls from disadvantaged groups, including those with disabilities. Co-creating long-term solutions with and for girls opens doors to possibilities that are transformative and last a lifetime. By providing forums where girls, particularly those in their teens, may discuss problems they face on a daily basis and consider workable solutions, we can empower them to take charge of their own and their communities' destinies.

CONCULSION

In conclusion, a number of historic court decisions that have greatly aided the cause of women's rights and gender justice have had a profound impact on the development of Indian law. By highlighting the maintenance rights of Muslim women and confronting long-standing gender inequalities within personal laws, the Shah Bano case of 1985 established a significant precedent. This important ruling opened the door for challenging established conventions and promoting more just judicial systems.A turning point in the treatment of workplace sexual harassment was the 1997 Vishaka case, which brought in extensive rules. Through the recognition and correction of long-ignored structural problems, this legislative intervention sought to make the workplace safer and more welcoming for women.

The 1997 case of Gaurav Jain highlighted the rights of children born to prostitutes and the state's obligation to protect disadvantaged groups. In addition to recognising the children's fundamental rights, this case brought attention to society's larger duty to defend women in difficult situations.The 2018 Joseph Shine case was crucial in decriminalising adultery, questioning social conventions, and highlighting the value of equality and liberty in married couples. Similar progress was achieved towards gender justice in the Navtej Singh Johar case the same year, which decriminalised homosexuality and recognised the rights of the LGBTQ+ community.

In 2017, ShayaraBano's lawsuit resulted in a historic ruling declaring the 'Triple Talaq' practise invalid. This was a significant step in protecting Muslim women's rights from discriminatory practises based on personal rules.In addition, the Sabarimala temple access problem was addressed in the Indian Young Lawyers Association lawsuit in 2018, emphasising women's equality in areas of religion. This instance demonstrated how crucial it is to question deeply rooted religious customs that support gender inequality. Together, these legal turning points highlight the dynamic growth of India's legal system and strengthen the values of equality, gender justice, and the defence of women's rights in all spheres of life. Together, these instances challenge social conventions and advance the continuous effort to create a society that is more just and equal. They stand as beacons of progress. Enshrined in the Preamble and other Articles, the Indian Constitution provides a strong basis for gender justice and equality. The Preamble's dedication to "Equality of status and of opportunity" and "Justice - social, economic, and political" lays the groundwork for a society that supports the ideals of equity and equal rights for all people, regardless of gender. The necessity of gender equality in all legal and state acts is emphasised by Article 14, which ensures equality before the law. While Article 15(3) recognises historical injustices and the necessity for corrective measures, it also expressly outlaws discrimination based on gender and enables affirmative action for the benefit of women and children. Ensuring equality of opportunity in public work, Article 16 emphasises that development in one's career should not be impeded by one's gender. Article 23 is essential for combating forced labour and human trafficking, two problems that disproportionately impact women and girls. The concepts of equal compensation for equal effort and ensuring an equal means of subsistence for both genders are emphasised in Articles 39(a) and (d). Article 42 recognises the special difficulties encountered by women in the workforce and promotes fair and compassionate work conditions as well as maternity leave. Furthermore, Article 51A(e & f) of the Fundamental Duties emphasise the significance of respecting women and require the renunciation of practises that diminish their dignity. The 1992 73rd and 74th Amendment Acts guarantee women's reservation in local bodies, therefore promoting their active involvement in grassroots government and advancing gender inclusion. Together, these constitutional clauses essentially form a thorough and all-encompassing strategy for promoting gender justice and preserving the values of equality, dignity, and women's empowerment in all spheres of Indian life and administration.

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[19] https://indiankanoon.org/doc/42184625/

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[26] https://www.oxfam.org/en/what-we-do/issues/gender-justice-and-womens-rights

[27]https://privacylibrary.ccgnlud.org/case/indian-young-lawyers-association-and-ors-vs-the-state-of-kerala-and-ors#:~:text=the%20Puttaswamy%20judgment.-,Decision,b)%20of%20the%20KHPW%20Act, last access on 22/11/2023.

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