GENDER JUSTICE UNDER INDIAN CONSTITUTION

Abstract

Over a very long period of time, Gender Inequality and differences existed in almost all societies of the world and hence the problem regarding gender inequality in India is not a recent development. The complicated set of shared images and conceptions that are stereotypically attributed to women are passed on generation by generation because these over a span of time became social norms and have not been questioned. In India, gender inequality started showing its colour from the later Vedic period and till now it is a debatable issue because as argued, a woman throughout her life cycle faces numerous problems. Gender Equality refers to equality in the number and in the relative power, status and role of women in the society. This paper does not concern itself with Feminist Jurisprudence merely; rather it tries to evaluate the status of a woman in the light of Indian Constitution and how the Constitution as a foundation document can play an instrumental role in bringing gender equality in India and whether the goal has been at all achieved. When we go through the various provisions of the Constitution it seems evident that the Rights guaranteed to women are at par with the Rights of men. Along with that, in some cases women enjoy the benefit of certain special provisions as well. Here arises the question of gender neutrality which I have dealt with in my paper. I put emphasis on the Preamble of the Constitution, Fundamental Rights, Directive Principles, Fundamental duties and certain judicial pronouncements. 

Through my work I tried to analyze how far the Constitution of India is successful in making de jure equality into de facto equality and the methodology of my study is a Doctrinal one. Key words: Gender inequality, gender equality, fundamental rights, directives, fundamental duties, de jure equality, de facto equality.