Gender Justice, New Education Policy – 2020 and the Indian Constitution - A Critical Analysis

Paper Details 

Paper Code: RP-VBCL-01-2024

Category: Research Paper

Date of Publication: April 20, 2024

Citation: Prof. (Dr.) Prakash Kanive & Mr. Mahantesh G S, “Gender Justice, New Education Policy – 2020 And The Indian Constitution - A Critical Analysis", 1, AIJVBCL, 1, 1-15 (2024), <https://www.vbcllawreview.com/post/gender-justice-new-education-policy-2020-and-the-indian-constitution-a-critical-analysis>

Author Details: Prof. (Dr.) Prakash Kanive, Professor of Law, Alliance University, Bangalore, Karnataka &

Mr. Mahantesh G S, Assistant Professor of Law, Alliance University, Bangalore, Karnataka.

Download PDF

ABSTRACT

In India, the quest for gender justice is an enduring struggle entrenched deeply within its societal fabric. Despite its ancient roots, the issue remains alarmingly relevant even in the era of modernization. Women, for centuries, have grappled with multifaceted gender inequalities pervasive in nearly every facet of their lives. From societal norms to systemic biases, women encounter barriers that impede their progress and subject them to unequal treatment. Even amid strides towards progress, discrimination against women persists across various domains. They continue to face systemic hurdles leading to disparities in education, employment, and social status. Shockingly prevalent issues such as sexual harassment, forced prostitution, and the persistent menace of dowry haunt the lives of many women. These challenges create an environment where achieving gender parity seems like an elusive goal. Furthermore, the plight of transgender individuals adds another layer to this narrative of inequality. Often marginalized and deprived of fundamental human rights, the third gender faces severe discrimination and exclusion. Society's failure to acknowledge and protect the rights of transgender people compounds the struggle against gender inequality in India. However, amidst these pervasive challenges, the Constitution of India stands as a beacon of hope. Enshrined within its framework are specific provisions and laws designed to dismantle the structures of gender inequality. These constitutional safeguards aim to bridge the gap between men, women, and the third gender, fostering equality in socio-economic, political, legal, and other spheres of life. With a 100% gross enrolment ratio for schooling by 2030 and a 50% gross enrolment ratio for higher education by 2035, The new national Education policyof 2020 seeks to universalize education in India. The provision includes the first such action, which is the establishment of a Gender Inclusion Fund to provide disadvantaged girls with an equal education and set up Special Education Zones. As part of the purpose, it also aims to increase women's leadership potential by fostering cordial discussions with influential women in the educational system. If put into reality, this will guarantee gender fairness and involvement in society, lower gender gaps at all levels, and result in a record participation rate in higher education. This analysis aims to critically evaluate the effectiveness of constitutional provisions in addressing gender disparities. It seeks to delve into the systemic issues and challenges that hinder the full realization of gender equality in Indian society. By examining the lived experiences of women and the third gender, this study intends to shed light on the persistent gaps between legal frameworks and their practical application.

Keywords: National Education Policy 2020, Gender Justice, Gender Inequality, Constitutional Provisions, Women's Rights, Societal Challenges.

INTRODUCTION

The term "gender justice" refers to the equality right as well as any other human rights that are equally applicable to men and women. Gender inequality pertains to a particular gender that is associated with a minority group and is transmitted to future generations through conventions and behaviours. Significantly, women's status in India has occasionally fluctuated. The Indian Constitution has been crucial in safeguarding women from discrimination and maintaining gender equity in the modern era. It has attempted to tackle the problems associatedwith women's issues and provide guidelines to end inequality in all its forms.Still, the idea that women and the third gender are discriminated against is widely held.

The Indian Constitution was framed with particular clauses that aim to guarantee equality for men and women as a basic human right. All people, regardless of gender, have the right to be treated equally because they are fellow humans. But the harsh reality is that Indian society has historically treated women unfairly and with slavery.

GENDER JUSTICE – THE CONCEPT AND THE CONSTITUTION OF INDIA

Many provisions in the Indian Constitution are intended to end gender discrimination and provide equal opportunities for men and women.[1] However, discrimination against women still exists in the twenty-first century, and they are regularly deprived of their fundamental rights. It should be noted that the term "transgender" refers to the development of the third gender category in the contemporary period. Therefore, the absence of equality and the advancement of the third gender may undermine the core concept of gender justice among the populace of a community.

In an increasingly globalized world, the UN has set a firm mandate for gender justice. Since the UN's founding, gender equality and gender justice have been emphasized. An autonomous organization dedicated to women's advancement was established in 1946. Since its founding, the Commission on the Status of Women has sought to increase awareness of and support human rights concerning the protection of women, as well as to gather and compile data on the condition of women around the world. The four international conferences on women held between 1975 and 1995, as well as the Decade for Women (1976–1985), made a substantial contribution to the increased commitment and understanding of gender equality and justice. The Beijing Declaration and Platform for Action was developed in 1995 to provide direction for national initiatives.[2]

The Indian Constitution was drafted by individuals who were instrumental in incorporating the concept of gender justice into its provisions. Notably, Dr. B.R. Ambedkar, a member of the Drafting Committee, brought up provisions about women's equality in the Constitution. Dr. Ambedkar promoted equality for all people through his writings even before the Constitution was written, expressing his deep concern for the majority of Indian women. He gauged a community's development by looking at the advancement of women, who are thought to be the weaker members of society. Gender equality and gender justice are fundamental human rights, as stated by the United Nations General Assembly in the 1948 Universal Declaration of Human Rights. These rights are also guaranteed by our Constitution in Articles 14, 15(1), 16, and 21.[3] Gender justice and gender equality are complementary to one another. The idea behind gender equality is that everyone should be treated equally by the government or other authorities, regardless of gender. The concept of gender justice in India has its roots in the Indian Constitution, which has elevated the status of the underprivileged and made it easier for laws to be passed.

The Indian Constitution, which is the cornerstone of democracy, has provisions about gender equality. It is also clear from Uday S. Mehta's writings in his well-known book "Constitutionalism" that gender justice is included in the constitutional interpretation while discussing the various aspects of gender justice in India.[4] Moreover, women, who are typically seen as the weaker segments of Indian society, are granted several rights under our Constitution. Part IV of the Constitution, which addresses Directive Principles of State Policy (DPSP), and Part III of the Constitution, which deals with Fundamental Rights, make these rights clear.

The Constitution guarantees gender equality and gives the state the authority to enact discriminating and protective laws to address the cumulative disadvantages caused by the previous patriarchal culture as well as current customs, beliefs, and traditions.[5] The Preamble of our Constitution, which begins, "We the People Of India.." clearly refers to men and women regardless of caste, community, religion, gender, and other factors, and thus reflects the ideals and ambitions of the people of the nation.[6] It is important to remember that Justice, Liberty, and Equality are the principles mentioned in the Preamble. The state is responsible for making sure that all of the principles and ideals stated in the Preamble are applied throughout the establishment of the government.

THE ISSUE OF GENDER JUSTICE

More specifically, gender is essentially a socio-cultural term that refers to the roles, characteristics and behaviours that are socially assigned to men and women in a given community. Manu believed that a woman ought to be enslaved for eternity. According to his statement, a lady has to be under the care of her father during her childhood, her husband during her marriage, and her son during her old age or widowhood.[7]

Due to the patriarchal nature of our Indian society, women have long been the target of discrimination in many spheres of life, including social, political, and economic ones. In India, female infanticide is still common, meaning that women are discriminated against from the moment of birth. In India, there is a high prevalence of female feticide, sex-selective abortion, prenatal abuse, forced pregnancies, and many other practices.

Compared to their male counterparts, Indian women experience distinct forms of physical abuse, violence, and prejudice. At an alarming rate, the number of crimes including rape, sexual harassment at work, domestic violence, eve-teasing, prostitute molestation, outraging women's modesty, and violence related to dowries is rising.[8] Through our interpretation of the Constitution, these gender-based disparities between men and women have created the idea of gender justice in India.

As a result, the Constitution introduces the idea of gender justice intending to give both genders equal responsibilities, opportunities, and status through the creation and interpretation of many constitutional articles, chief among them the Fundamental Rights that will be covered in this paper.

GENDER JUSTICE AND THE CONSTITUTIONAL INTERPRETATION

Our Indian Constitution's Preamble enshrines the idea of social, political, and economic fairness for all of its people. The Preamble of the Constitution alludes to social justice, which ought to be interpreted in terms of guaranteeing the elimination of any forms of inequality that may arise from differences in money, status, caste, sex, race, title, and other factors. Everybody is guaranteed economic viability through economic fairness, regardless of their caste, creed, sex, status, etc. Political justice makes sure that men and women should not be treated differently in politics when it is not essential. Put another way, the Preamble protects individual dignity by ensuring that everyone has the same fundamental rights, regardless of gender.

The Indian Constitution's Part III contains the Fundamental Rights, which apply to all of its residents, regardless of gender. These rights are a good place to start when discussing gender justice. Although the term "gender" is not used in the Constitution, the Court has nevertheless given it a gendered construction, which will be covered in the following ways:

(A) Right To Equality

All people, regardless of gender, are guaranteed the right to equality and non-discrimination by Articles 14 and 15 of the Constitution. In particular, Art. 14 states that no one within the borders of India shall be denied equal protection of the law or equality before the law.

Next, Article 15 (1) states that no citizen shall be subjected to discrimination by the state solely because of their race, sex, religion, caste, place of birth, or any combination of these. To put it another way, gender discrimination is forbidden by Article 15(1).[9]

Nonetheless, certain fundamental rights have special clauses protecting women's rights. Furthermore, it's important to realize that the equality principle refers to treatment equity under equal conditions rather than advocating for universal application of the law.

The idea that "likes should be treated alike" is the foundation of the equality principle, which is why Article 15(3) favours women and gives the government the authority to enact specific laws.

(B)  Equality of Opportunities

In a similar vein, equality of opportunity is discussed concerning public employment in Article 16 of the Indian Constitution. Here, "equal employment opportunity" refers to having equal access to jobs and working conditions. It also includes the fundamentals of evaluating performance equally.[10] It is important to remember that Article 16 solely addresses employment or appointment to positions under the State. All matters that arise before or after the employment's employment are considered matters about work.

In her book,"Women and Law,"Elieen Kaufman claims that the Indian Supreme Court has upheld limited equality by protecting women's rights against discrimination, which are guaranteed by the constitution. She asserts that religious freedom and the issue of stereotyping undermine women's rights, but she also adds that the Court's protectionist stance has freed women from the grip of long-standing discriminatory practices.[11]

(C) Other Rights

Apart from the several provisions of the Indian Constitution about gender equity, Article 23 expressly forbids the trafficking of human beings. Positively, in light of this article, the legislature passed the Suppression of Immoral Traffic Act, 1956, now known as the Immoral Traffic Prevention Act, 1956, to outlaw prostitution and related practices.

of human trafficking. In addition, the Devadasis (Prohibition of Dedication) Act, 1988 was passed by the Andhra Pradesh government to outlaw the customs of women who are devoted to gods and temples.[12]

THE ROLE OF DIRECTIVE PRINCIPLES OF STATE POLICY IN ENSURING GENDER JUSTICE UNDER THE CONSTITUTION

Through specific constitutional provisions listed in the Directive Principles of State Policy (DPSP) under the Constitution, the State has played a significant role in expanding the scope of gender justice in India.

The State is required under the Constitution to ensure that men and women get equal compensation for equal effort, as stated in Article 39(d). Consequently, the Equal Remuneration Act, 1976 was passed by the State to implement this clause. Moreover, the State is expressly instructed under Article 39(e) of the Constitution not to mistreat the physical well-being of labourers, male or female. According to Article 42, the State must provide for maternity leave and fair and decent working conditions. Thus, the Maternity Benefit Act of 1961 was passed by the parliament under Article 42. Article 44 requires the State to provide a consistent civil code for all Indian nationals across its territory. Chief Justice Leila Seth expressed satisfaction with the significance of a single Civil Code, arguing that it would guarantee the dismantling of detrimental customs related to women's dignity issues through the implementation of a uniform civil code.[13]Thus, even if the term "gender justice" isn't mentioned or defined in the Constitution, one can still appreciate the efforts made by the document's writers to realize the idea in India through these provisions required by the law.

THE GENDER JUSTICE AND THE FUNDAMENTAL DUTIES

Regarding gender equality and justice, it is not only the state's job to shield women from discrimination; it is also everyone's fundamental responsibility to make sure that women's dignity is upheld.

According to Article 51 A (e) of the Constitution, it is the responsibility of every Indian citizen to uphold a spirit of fraternity and harmony among all Indians, putting aside differences in language, religion, geography, and social class, and to abstain from practices that diminish the dignity of women.[14]

Even though these ideas are inherently non-justiciable, the Supreme Court of India has given these provisions life through judicial activism and given the government instructions on how to put them into effect.[15] The 1993 passage of the 73rd and 74th Amendments to the Indian Constitution marked a significant advancement in women's involvement in the political process and the implementation of gender equity in India.

JUDICIAL TRENDS: THE CONSTITUTIONAL INTERPRETATION OF GENDER JUSTICE

As was already noted, women are granted the same rights as males under the Indian Constitution. As a result, women are granted the following rights: equality, freedom, immunity from exploitation, freedom of religion, rights to culture and education, and access to constitutional remedies. To determine whether the judiciary has been effective in realizing the concept of gender justice, we must examine the judiciary's views regarding the constitutional interpretation of gender equality and gender justice regarding the protection of women.

In light of the foregoing arguments, it can be said that the historic decision of Nargesh Meerza v. Air India[16] correctly noted that a woman cannot be refused employment for no other reason than that she is a woman. Her fundamental rights under Article 14 of the Constitution are thereby violated. In this instance, an Air India air hostess contested the airline's policy prohibiting air hostesses from getting married for four years after the date of their hire. The law also specified that the air hostesses would retire at age 35 and would lose their jobs if they became pregnant. The managing director might, at his discretion, prolong the term by an additional 10 years. Although the first provision is reasonable, the Apex Court ruled that the second and third sections are inhumane, capricious, and unconstitutional.

A writ petition challenging Rule-8(2) of the Indian Foreign Service (Conduct and Discipline) Rules, 1961 was filed before the Apex Court in the case of C.B. Muthamma v. Union of India[17] The petition claimed that Rule-8(2) violated Article 15 of the fundamental rights guaranteed by the Indian Constitution. This rule specified that an unmarried woman member must obtain Government approval before getting married. It further said that even after marriage, she may be requested to resign from office at any time if it is determined that her personal life is interfering with her ability to do her job. In this case, the Indian Foreign Service's seniority and promotion regulations were ruled by the Apex Court to be unconstitutional and to violate Article15 of the Indian Constitution. In addition, the Court determined that the provision constituted an effort to subjugate the weaker sex.

In a similar vein, the Andhra Pradesh High Court was asked to rule in the 1998 case of C Rajkumari v. Commissioner[18] whether or not beauty pageants that dehumanize women's bodies, figures, and forms violate Article 15 of the Constitution. The Court ruled that a beauty contest would be unconstitutional because it violates Articles 14, 21, and 51A of the Constitution and would violate the provisions of the Indecent Representation of Women (Prohibition) Act, 1986 if it degrades a woman's body or a part of a body in a way that is indecent and harmful to public morality.

The Supreme Court expanded the definition of gender justice in the Suchita Srivastava and others v. Chandigarh administration[19] case. It argued that women's right to choose their reproductive path is a component of the personal liberty granted by Article 21, which can involve both having children and not having children. The Court went on to say that a woman is free to decline to engage in any kind of sexual conduct.

The writers of the Constitution expanded the concept of gender equity by forbidding forced labour in any form, including human trafficking and begging, through the application of Article 23. Judge Bhagwati ruled in Neeraja Chowdhary v. State of Madhya Pradesh[20] that women and children cannot be forced to work in unsanitary conditions since such work is considered bonded labour, which is against Art. 21 and Art. 23 of the Constitution.

The notion of equal compensation for equal effort was discussed by the Apex Court in the Randhir Singh v. Union of India case.[21] It was decided that both men and women are covered by the doctrine. Equal compensation for equal work is stipulated in Article 39(d) of the Indian Constitution for both men and women. On the other hand, Article 37 declares that the principles of the directive are not binding.However, the equal pay for equal work doctrine can be upheld by the courts when government employees' pay scales are fixed based on arbitrary classifications that contravene Articles 14 and 16. As a result, the Court determined that the Equal Remuneration Act of 1976's provisions uphold the principle of equality.

A historic ruling in the Joshep Shine v. Union of India[22] case in 2018 expanded the scope of gender justice through constitutional interpretation, declaring a 158-year-old adultery statute unconstitutional due to its violations of Articles 14 and 15(1) of the Constitution. The Indian Penal Code, 1860 penalizes just the male counterpart and spares the female when an adultery offense occurs. The petitioner contended that this clause violates the right to equality since, despite a woman's equal liability to her male counterpart in the event of adultery, she is legally excused. The Supreme Court's decision to decriminalize adultery is a step in the right direction toward addressing gender injustice and inequality.

Chief Justice Chagla also stated that "the State cannot discriminate in favour of women against men, but it could not discriminate in favour of men against women" in the Dattatreya Motiram v. State of Bombay[23] case. In a similar vein, the Kerala High Court noted in the Balan Nair v. Bhavani Amma[24]case that Articles 15(3) and 39 are designed to support mothers and children who are in need. The State has the full authority to enact laws specifically tailored to the needs of women to safeguard their dignity and advance gender equality and freedom.

It is clear from the court's rulings that the Court made every effort to treat women with more consideration. But it has consistently viewed women through the lens of men.

THE NEW EDUCATION POLICY - 2020 AND GENDER JUSTICE

The Kasturirangan Committee created the framework for the New Education Policy (NEP) 2020. After 34 long years, India's education strategy has changed intending to create "India a global knowledge superpower" as well as universalizing education in the country. To attain gender equality in education, the strategy called for a cross-cutting approach that involves state and local community organisations as partners. This overarching objective has been deconstructed and illustrated in terms of guaranteeing that girls will be enrolled in schools at 100% by 2030 and 50% in higher education by 2035; reducing gender disparities in all spheres of society; enacting gender equity and inclusion policies; and enhancing girls' leadership potential via constructive, respectful discourse. The policy outlines several measures to facilitate women's access to education. These include the establishment of a gender inclusion fund, formula-based and discretionary funding for gender inclusionary projects at the school level, the creation of a special education zone, targeted scholarships, and more. In line with this objective, the policy also aims to enhance the leadership capacity of women by fostering constructive dialogues with women who hold prominent positions in institutions, such as principals, teachers, wardens, physical instructors and other staff. NEP 2020 suggests creating a "Gender Inclusion Fund" to increase the country's ability to offer girls' students an equal and high-quality education.

The policy draft said that in addition to guaranteeing that girls participate fully in the educational system, the fund would work to eliminate gender disparities in educational attainment across the board. The policy provided an overview of the fund and said that it would authorise both formula and discretionary award funding streams. Formula grants, which are essential for helping women and girls access education by providing bicycles, conditional cash transfers, sanitation and toilets, and other necessities, will be made available to states for implementation. These priorities will be set by the federal government. Discretionary funds, the second component, will provide governments with the means to encourage and expand community-based programmes that target specific and localised obstacles preventing girls from participating in and gaining access to high-quality education. To guarantee education for socially and economically disadvantaged groups, such as gender, sociocultural and regional identities, and impairments, NEP 2020 advocated "Special Education Zones." It is advised that areas of the nation with sizable concentrations of underprivileged students be designated as "Special Education Zones." To ensure that all students are aware of the "single window system" and can apply easily, the policy suggests that "Targeted Scholarships" be made available to students from socially and economically disadvantaged groups (SEDGs), inclusive of gender. These will be coordinated and announced by a single agency and website. The strategy also places a heavy emphasis on encouraging women to take on leadership roles in the classroom. These women can serve as powerful role models for girls, encouraging them to attend school regularly. Through polite conversations with women in leadership positions at institutions such as principals, teachers, guardians, physical educators, and other staff members, the policy seeks to increase the potential of women to lead. The Maternity Benefit Act Amendment will be put into effect to give female educators access to childcare services. These programmes, which prioritise teacher education, leadership development, incentive schemes, recruiting, and retention, will guarantee that women take the lead in children's education. To reduce the gender imbalance in teaching, particularly in rural regions, alternate recruitment channels for female teachers will be implemented, ensuring that qualifications and merit—including education—are not compromised.

We need to handle the problem on a national level with a thorough, thoughtful, and extremely practical approach. In light of this, the Union Cabinet of India approved the National Education Policy-2020 (NEP 2020), which lays out the blueprint for a new education system in India, on July 29, 2020. The K Kasturirangan Committee created the National Education Policy2020 to address several problems that are making education more difficult in India and to lessen the threat of female illiteracy. The strategy envisions comprehensive and equitable education for all, with a focus on children and youth from economically and socially disadvantaged backgrounds, particularly girls. It is anticipated that the recently publicised policy will herald a new era in women's education. The strategy provides a thorough framework for vocational training and education from elementary school to higher education in both rural and urban areas of India. Although it is noted that the policy does not address gender issues in great detail, several of its recommendations could significantly improve the dire situation.

NEP 2020 calls for the creation of a Gender Inclusion Fund (GIF) to increase the country's ability to offer transgender kids and all girls an equal, high-quality education. According to the NEP, states will have access to the "Gender Inclusion Fund" to carry out federally determined priorities that are essential to helping female and transgender children receive an education (e.g., bicycles, conditional cash transfers, sanitation and toilets, etc.). The policy goes on to explain, "This fund will also enable states to support and scale effective community-based interventions that address local context-specific barriers to female and transgender children's access to and participation in education".

CONCLUSION: UNLEASHING THE REALITY

In summary, the preceding discourse indicates that the Indian Constitution has expanded the meaning of gender justice, despite the absence of a clear definition or reference to the concept in the text. Nonetheless, the way the Indian Constitution has interpreted specific sections concerning fundamental rights to every person living in our nation has made the concepts of gender equality and gender justice generally understandable. Some sections of the Indian Constitution have expanded the scope of equality and justice beyond the boundaries of men and women to include the third gender, also referred to as the LGBTQ community. In some sections of the Constitution, women are granted a positive special status that has undoubtedly raised their standing as equal members of society and capable citizens of the nation. The legislature has passed numerous laws in response to the constitutional recognition of gender equality, including the Maternity Benefit Act, the Dowry Prohibition Act, the Equal Remuneration Act, the Child Marriage Restraint Act, the Medical Termination of Pregnancy Act, the Protection of Women from Domestic Violence Act,the Protection of Women from Sexual Harassment at Work Act, and numerous others. Transgender individuals are granted all the basic rights accorded to other sexes and are officially acknowledged as a third gender under the Constitution.

Due to its emphasis on ensuring that education is inclusive, equal, and accessible, NEP would completely change the nation's educational system. The goal of the New Education Policy is to instill a strong emphasis on critical 21st-century skills throughout the educational system. The New Education Policy contains several beneficial elements aimed at promoting gender equity and eliminating gender stereotypes, which are important because, without them, the layout would not function well in place of activities.

Another important aspect that should be included in compulsory education is legal literacy. The female student must be aware of her legal rights. Framers of the curriculum under NEP 2020 must ensure that these two essential domains are properly factored into the curriculum and not done as tokenism with mere cosmetic value.

[1]Upashana Mukherjee, Comparative Study on Gender Justice, Symbiosis Law School (Apr 12, 2021, 1: 30 PM), http://www.legalserviceindia.com/article/l358-Gender-Justice.html

[2]Upashana Mukherjee, Comparative Study on Gender Justice, Symbiosis Law School (Apr 12, 2021, 1: 30 PM), http://www.legalserviceindia.com/article/l358-Gender-Justice.html

[3] Ankita Chakraborty, Gender Justice under Indian Constitution, International Journal on Legal Developments and Allied Issues at 20.

[4] Legislations for enabling gender justice in India, Gender Justice, (Apr 15, 2021, 2:00 P.M), https://www.geographyandyou.com/legislations-for-enabling-gender-justice-in-india.

[5] Dipa Dubey, Gender Justice and Work Security, (Apr 15, 2021, 2:30 P.M), https://www.youtube.com/watch?v=gtkanECqX5

[6] Dr J.N Pandey, Constitutional Law of India 31 (56th ed. 2019).

[7] Ankita Chakraborty, Gender Justice under Indian Constitution 16, International Journal on Legal Developments and Allied Issues

[8]Dr.N.K.Chakarbarti and Dr. Shachi Chakrabarty, Gender Justice, R. Cambray & Co. Private Ltd (1st ed 2006).

[9] P.M. Bakshi, The Constitution of India, 31 (11th ed. 2011).

[10] Ibid

[11] Eileen Kaufman, Women and Law: A Comparative Analysis of the United States and the Indian Supreme Courts, Equality Jurisprudence Georgetown Journal of International Comparative Law.

[12] Ankita Chakraborty, Gender Justice under Indian Constitution International Journal on Legal Developments and Allied Issues, at 22.

[13] Ibid

[14] MP Jain, Indian Constitutional Law, LexisNexis (7th ed 2015).

[15] Sree Krishna Bharadwaj, Laws protecting women from Gender Discrimination In India: A Critical Analysis, Indian Journal of Research, Vol 4 Sept 2015, at 75.

[16] 1981 AIR 1829, 1982 SCR (1) 438.

[17] 1979 AIR 1868, 1980 SCR (1) 668

[18] Ankita Chakraborty, Gender Justice under Indian Constitution, International Journal on Legal Developments and Allied Issues, at 24.

[19] 1990 AIR 1412, 1990 SCR (2) 861

[20]AIR 1984 SC 1099,

[21]AIR 1984 SC 1099

[22] AIR 1984 SC 1099

[23]S.C.A. No 1653 of 1952

[24] AIR 1987 Ker 110