GENDER JUSTICE IN THE INDIAN CONSTITUTIONAL FRAMEWORK

Abstract

Gender justice remains a fundamental yet evolving constitutional promise in India, where patriarchal norms and systemic inequalities continue to challenge the realization of substantive equality. This study critically examines the Indian constitutional framework's approach to gender justice, analyzing the interplay between fundamental rights (Articles 14–16), directive principles, and transformative judicial interpretations. The paper evaluates landmark judgments (e.g., Vishakha v. State of Rajasthan, Joseph Shine v. Union of India) that have expanded gender rights, alongside persistent gaps in implementation. It highlights tensions between formal equality and intersectional realities faced by marginalized women, addressing issues like workplace harassment, marital rape criminalization, and political representation (Women's Reservation Bill). The study also assesses the efficacy of legal-institutional mechanisms (National Commission for Women, gender-sensitive policing) and socio-cultural barriers that hinder justice delivery. Findings reveal that while constitutional provisions and judicial activism have advanced gender justice, deep-rooted structural inequities demand systemic reforms. The paper concludes with recommendations to strengthen legislative frameworks, enhance institutional accountability, and foster societal change to realize the Constitution's transformative vision of gender justice.