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

Model Answer


The Indian Constitution’s framers were aware of women’s oppressive and discriminatory standing in society, so they took extra care to ensure that the state took proactive actions to ensure their equality.


Constitutional Perspective

Social Safeguards

  • Article 15(3) states that State can make special provision planning for women. 
  • Article 23 establishes the right to equality, as well as special provisions, such as the prohibition of discrimination based on religion, colour, sex, or other factors, as well as the prohibition of exploitation.

Political Safeguards

  • Article 243D of the Constitution of India provides for not less than one-third reservation for women.

Economic Safeguards

  • Article 16 (2) prohibits discrimination in employment or appointment to any state office based solely on religion, race, caste, sex, or other factors. 
  • Articles 39(d) and 41 of Constitution recognized the principles of “Equal Pay for Equal Work” for men and women, as well as the “Right to Work.”

Court Laws:

  • Laxmi vs UOI: The court instructed the Governments at both levels to prohibit the unauthorised sale of acids across the nation. This decision paved the way to enforce harsher punishments for people involved in such crimes.
  • Vishakha vs UOI: The court gave Vishakha guidelines that resulted into Prevention of Sexual harassments at workplace

Vineeta Sharma vs. Rakesh Sharma: Daughters will have equal coparcenary rights in the Hindu Undivided Family by their birth and cannot be excluded from inheritance irrespective of whether they were born before the amendment of 2005 to the Hindu Succession Act, 1956.


Only constitutional protection will not be able to achieve the goals of gender equality if conservative social thinking remains deeply rooted in society. It must be stated that social reforms in social thinking, behaviour, and law will only be effective if a significant portion of society supports them.

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