Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 1

Gender Justice in India: Constitutional Vision, Legal Framework and Contemporary Challenges

Prof. Dr. Yogesh Kumar Gupta

Professor, Manglam University, Aligarh, UP, India

Abstract

Gender justice in India represents the constitutional commitment to equality, dignity, and non-discrimination while addressing historical and social inequalities faced by women and marginalized gender groups. The Indian Constitution provides a comprehensive framework through Fundamental Rights, Directive Principles of State Policy, and affirmative action measures to promote gender equality. Articles 14, 15, 16, 21, and 39 establish the foundation for equal protection, equal opportunity, and personal liberty. Over the years, various legislative measures relating to domestic violence, sexual harassment, maternity protection, criminal justice, and political representation have strengthened women?s rights. However, challenges such as gender-based violence, unequal access to education and employment, digital discrimination, underrepresentation in decision-making, and social barriers continue to affect the realization of substantive equality. This chapter critically examines the constitutional vision, legal framework, judicial developments, and contemporary challenges of gender justice in India while exploring the need for inclusive and effective legal reforms.

Keywords

Gender Justice, Constitutional Equality, Women Rights, Legal Framework, Judicial Activism

1. Introduction

Gender justice occupies a foundational place in the constitutional imagination of independent India. The framers of the Constitution, drafting in the shadow of colonial subordination and deep social stratification, understood that political freedom would remain incomplete without social and economic equality — and that no vision of equality could be credible while half the population remained shackled by custom, patriarchy, and legal disability. The Constitution of India, adopted in 1950, therefore embedded gender equality not as a peripheral concern but as a structural commitment, running through its Fundamental Rights, Directive Principles of State Policy, and the interpretive practice of its courts.