GENDER JUSTICE IN INDIA

Worldwide, nearly 1 in 4 girls between the ages of 15 and 19 are neither

employed nor in education or training – compared to 1 in 10 boys.- UNICEF

Meaning of Gender Justice:

Gender justice entails ending the inequalities between women and men that are
produced and reproduced in the family, the community, the market and the
state. Gender justice’ can be conceived of in terms of entitlements and choice,
absence of discrimination, or positive rights. Ending of inequalities between
women and men that result in women’s subordination to men.

Legal laws to protect/promote Gender Justice in India

Gender Justice under Indian Constitution

The Indian Constitution has provided new dimensions to Indian society.

The term gender is not used in the Constitution. Instead of 'Gender' they used
the word 'sex'. Although the term 'sex' has a narrower connotation than the term
gender. Discrimination based on sex, colour , creed, caste, race, religion, and
other factors has been prohibited under the constitution as they are violative of
the Fundamental Rights

The following are a few significant provisions for women:

Article 14: ensures equality between men and women through equal rights and
opportunities in the political, economic and social spheres.

Article 15: forbids discrimination on grounds of sex, ethnicity, color, caste, etc.
against any person.

Article 16: is concerned with equal opportunities.

Article 39: includes the governance principles to be implemented by the State

in order to ensure economic justice.

Article 42: allows the State to make provision for equal and humane working
and maternity relief conditions.

Article 51: imposes on every person a constitutional obligation to renounce

activities derogating from the dignity of women.
Article 325: guarantees women’s political equality.

FORMAL AND SUBSTANTIVE EQUALITY

FORMAL EQUALITY

Formal equality is known as the formal, legal equality. Formal equality is based
on an understanding of equality as identical or same treatment. This is the
equality that is seen as one law should be applied to all people, social and
personal characteristics are no factor.

Formal equality aims to distribute equality fairly and evenly, and aims to treat
people the same. Formal equality does not ensure the wellbeing of individuals
based on race, ethnicity, sex, age etc. Unfortunately, this side of equality does
not recognize diversity and is insufficient for promoting social inclusiveness.

SUBSTANTIVE EQUALITY

It means treating persons differently so as to achieve equal results. Substantive

equality is referred to as equity in the sense that equality also involves
recognizing differences when they are becoming disadvantages. Substantive
equality looks at the roots of inequality and identifies them, even if this involves
removing the barriers that disadvantage individuals.

There is no guarantee of the outcome that may be produced, but individuals do

have the equality of opportunity. This model of equality recognizes differences
and diversity, and can take those into account.