Introduction
Women’s rights constitute an integral
component of the human rights framework under Indian law. The Indian
Constitution, through its foundational provisions, establishes comprehensive
protection for women’s fundamental rights while recognizing the need for
substantive equality. Gender justice, in this context, emerges as a critical
dimension of human rights protection, addressing systemic discrimination and
ensuring that women can exercise their constitutional guarantees with dignity
and autonomy. This answer explores the constitutional framework, statutory
protections enacted by Parliament, landmark judicial pronouncements, and the
intrinsic linkage between gender justice and human rights.
Part 1: Constitutional Framework
for Women’s Rights
Equality and Non-Discrimination
The Constitution guarantees equality through Article 14, which ensures equality before law and equal protection of laws to all citizens. This provision serves as the constitutional foundation for challenging gender-based discrimination in law and practice. Article 15(1) explicitly prohibits the state from discriminating on the basis of sex, ensuring that women receive equal treatment in matters of citizenship, public employment, and access to public places.
Significantly, Article
15(3) empowers the state to make special provisions for women and children,
permitting affirmative action and positive discrimination. This creates a dual
framework combining formal equality with substantive equality, recognizing that
historical disadvantages require remedial measures. Article 16
guarantees equality in matters of public employment, preventing gender-based
discrimination in recruitment and promotion to government positions.
Right to Life and Personal Liberty
Article 21 of
the Constitution protects the right to life and personal liberty. Through
progressive judicial interpretation, the Supreme Court has extended this
provision to encompass women’s dignity, privacy, reproductive autonomy, freedom
from sexual harassment, and bodily integrity. This expansive reading
demonstrates the Court’s commitment to recognizing that women’s fundamental
rights extend beyond mere existence to encompass a life lived with dignity and
respect.
Constitutional Duties
Article 51A(e) establishes a
fundamental duty for every citizen to renounce practices derogatory to the
dignity of women. This provision creates a constitutional mandate at the
societal level, recognizing that gender justice requires not merely legal
protections but also social transformation and respect for women’s dignity.
Part 2: Parliamentary Legislation
Granting Rights to Women
Parliament has
enacted comprehensive legislation addressing specific dimensions of women’s
rights:
Protection from Violence and
Domestic Abuse
The Protection
of Women from Domestic Violence Act, 2005 provides a comprehensive civil
framework for protecting women from domestic violence. The Act defines domestic
violence broadly to include physical, emotional, sexual, verbal, and economic
abuse within domestic relationships. The Act extends protection not only to
wives and live-in partners but also to mothers, sisters, widows, and adult
daughters in the same household. It mandates the appointment of Protection
Officers in every district who assist aggrieved women, coordinate with courts,
and ensure provision of medical facilities, legal aid, counseling, and shelter.
Importantly, aggrieved women can obtain civil remedies (protection orders,
residence orders, and maintenance orders) within 60 days, providing immediate
relief without waiting for criminal prosecution.
Workplace Equality and
Non-Discrimination
The Equal
Remuneration Act, 1976 was enacted to eliminate gender-based wage
discrimination in the workplace. The Act mandates that employers pay equal
remuneration to men and women workers for the same work or work of similar
nature. The Act also prohibits discrimination in recruitment, promotion,
training, and transfer of women employees except where employment of women is
legally prohibited or restricted. Importantly, equal remuneration provisions
override any conflicting contracts, laws, agreements, or awards. The Act
requires employers to maintain registers recording employee details including
name, gender, position, nature of work, and wages paid, creating transparency
and accountability in wage determination.
Sexual Harassment in the Workplace
The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 (POSH Act) implements the Vishaka Guidelines into statutory law. The
Act applies to organized and unorganized sectors. For organizations with ten or
more employees, an Internal Complaints Committee must be established to receive
and investigate complaints. Smaller organizations must file complaints with
district-level Local Committees. The Act provides comprehensive definition of
sexual harassment including unwelcome physical contact, verbal advances,
non-verbal conduct, and creation of hostile work environment. The Act ensures
confidentiality, impartial investigation, and timely redressal of complaints.
Reproductive Rights
The Medical Termination of
Pregnancy Act, 1971 (later amended in 2002 and 2021) recognizes women’s
reproductive autonomy as part of their fundamental right to personal liberty
and dignity. The Act extends abortion rights to unmarried women on equal
footing with married women. The 2021 Amendment Act extended the gestational
period for medical termination of pregnancy from 20 weeks to 24 weeks for
specified categories of women including rape victims, survivors of incest,
minors, specially-abled women, and cases involving serious foetal abnormality.
The Act recognizes that women have the right to their own bodies and decisions
regarding reproduction cannot be transferred to families or the government,
affirming women’s bodily autonomy and self-determination.
Property and Succession Rights
The Hindu Succession
Act, 1956 with amendments establishes women’s succession and property
rights under Hindu law. Section 14 confers absolute rights to any Hindu
woman in property possessed by her, granting her the right to sell, transfer,
mortgage, or gift her property without anyone’s permission or consent.
Critically, The Hindu Succession (Amendment) Act, 2005 expanded women’s
inheritance rights significantly. The Amendment made daughters equal to sons in
joint family property—daughters can now become coparceners from birth and hold
equal depositionary rights to ancestral property. Married daughters have the
same inheritance rights as unmarried daughters and sons. When a Hindu woman
dies intestate, her succession follows an order that treats sons and daughters
equally. These amendments transformed women from limited owners to full
property rights holders with substantive economic autonomy.
Child Marriage Prevention
The Prohibition of Child
Marriage Act, 2006 criminalizes child marriage, protecting
girls from practices that violate their right to education, health, and
development.
Protection from Sexual Offences
The Protection of
Children from Sexual Offences Act, 2012 (POCSO Act), though gender-neutral,
provides comprehensive protection to children below 18 years against sexual
offences. The Act recognizes sexual offences as violations of the child’s
fundamental rights to life, liberty, and personal dignity under Article 21. The
Act applies equally to girls and boys, extending protection against sexual
abuse, exploitation, and trafficking. The Act provides for speedy trial with
procedures sensitive to the child’s age and circumstances.
Dignity and Prevention of
Objectification
The Indecent
Representation of Women (Prohibition) Act, 1986 protects women’s dignity by
prohibiting indecent representation through advertisements, publications,
films, web series, writings, paintings, figures, or any other media form. The
Act defines indecent representation as depiction of a woman’s figure, form, or
body in a manner that has the effect of being derogatory to her dignity or
harmful to public morals. The Act applies to all types of media and imposes
penalties of imprisonment up to two years and fines up to one lakh rupees for
first conviction, with higher penalties for subsequent convictions. The Act
empowers authorized officers to search, seize, and confiscate violating
materials, ensuring that women’s dignity is protected in the public sphere.
Institutional Protection and
Redressal
The National
Commission for Women Act, 1990 established an autonomous statutory body to
investigate and examine all matters relating to constitutional and legal
safeguards for women. The Commission investigates complaints of rights
violations, makes recommendations for remedial legislation, reviews
constitutional and statutory provisions, funds litigation affecting large
bodies of women, and provides periodic reports to the Government on women’s
issues. The Commission has powers to summon witnesses, require production of
documents, and examine evidence on affidavits, operating as a quasi-judicial
body with authority to hold inquiries into matters affecting women’s rights.
Maternity Benefits and Workplace
Protection
The Maternity
Benefit Act, 1961 grants women employees six month paid maternity leave. The Act provides an
additional 30-day paid leave for pregnancy-related ailments upon medical
verification. Nursing breaks are mandated for up to 15 months after return to
work. Crucially, employers with 50 or more female employees must provide
childcare facilities (creches) at convenient locations. The Act recognizes that
motherhood requires legal protection and workplace accommodation, ensuring that
women’s reproductive role does not become a barrier to employment.
Part 3: Gender Justice and Human
Rights Linkage
Gender justice
represents an indispensable dimension of the broader human rights framework.
The relationship is intrinsic because human rights principles—dignity,
equality, and autonomy—cannot be realized when gender-based discrimination
persists in law, institutions, or society.
The Supreme Court
has recognized that gender justice extends beyond providing formal equality in
law to addressing systemic barriers, social structures, and patriarchal
attitudes that undermine women’s fundamental rights. Through transformative
jurisprudence, courts have actively dismantled discriminatory laws and
practices, recognizing that true human rights protection requires addressing
gender inequality at its roots.
Gender justice is
linked to human rights because:
1.
Dignity and Autonomy: Both frameworks
prioritize individual dignity and the right to make autonomous choices
regarding personal matters including marriage, reproductive decisions, sexual
orientation, and bodily integrity.
2.
Non-Discrimination: Both require the
state and society to eliminate discrimination based on protected
characteristics, including gender and sex, ensuring equal treatment and
opportunity.
3.
Substantive Equality: Gender justice
recognizes that formal equality is insufficient; substantive equality requires
addressing historical disadvantages and systemic discrimination to enable
meaningful participation in all spheres of life.
4.
Accountability: Both frameworks establish
mechanisms to hold state and non-state actors accountable for violations
through legal proceedings and institutional oversight.
Part 4: Landmark Supreme Court
Judgments
Vishaka v. State of Rajasthan (1997)
This landmark
judgment addressed sexual harassment at the workplace. The Court recognized
that sexual harassment infringes fundamental rights guaranteed under Articles
14, 15, 19(1)(g), and 21. Critically, the Court invoked international
conventions (particularly CEDAW) to interpret the Constitution’s gender
equality guarantees.
The judgment
established the Vishaka Guidelines defining sexual harassment, creating
mechanisms for workplace complaints, and mandating prevention measures. This
decision catalyzed the enactment of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013, which provides
comprehensive protection in organized and unorganized sectors through Internal
Complaints Committees and Local Committees at the district level.
Joseph Shine v. Union of India (2018)
This historic
judgment declared Section 497 of the IPC (criminalization of adultery)
unconstitutional. The Supreme Court held that this provision violated Articles
14, 15, and 21 because it:
1.
Treated women as the property of their husbands,
denying them sexual autonomy and individual legal status
2.
Perpetuated patriarchal stereotypes by requiring
only husbands to file adultery complaints
3.
Violated substantive equality by not recognizing
women’s independent legal personhood
The Court
emphasized that marriage is based on mutual respect, equality, and consent,
not hierarchical ownership. This judgment affirmed women’s right to autonomy,
dignity, and equal partnership in matrimonial relationships, striking down an
158-year-old provision that embodied archaic notions of male marital authority.
Navtej Singh Johar v. Union of
India (2018)
This judgment
decriminalized homosexuality by striking down Section 377 of the IPC.
The Court held that the provision violated Articles 14, 15, 19, and 21
by discriminating based on sexual orientation and gender identity. The judgment
recognized that the ability to choose intimate partners and the right not to
face discriminatory treatment are intrinsic to constitutional protection of
dignity and autonomy.
This case
exemplifies how gender justice encompasses not merely formal gender equality
between men and women but also protection for gender minorities and LGBTQ
individuals whose gender identities and sexual orientations have historically
faced criminalization and social stigma.
Sabarimala Temple Entry (Indian
Young Lawyers Association v. State of Kerala, 2018)
The Supreme Court
held that the Sabarimala Temple’s practice of excluding women aged 10-50 years
violated Articles 15(1) and 25(1). The Court prioritized constitutional
morality and gender equality over traditional religious practice, emphasizing
that gender divisions are human constructs, not divine decrees. This
judgment demonstrates the Court’s commitment to ensuring that religious freedom
cannot be invoked to justify gender discrimination, establishing that
constitutional rights supersede religious traditions when they conflict with
equality.
Part 5: Progressive Developments
in Property and Succession Rights
Through
progressive interpretation of Article 14, the Supreme Court has
addressed discriminatory succession provisions. In recent judgments, the Court
has held that tribal women are entitled to equal shares in ancestral property,
rejecting patriarchal presumptions limiting inheritance to male heirs. The
Court has emphasized that there is no rational basis for gender-based
succession discrimination and that such practices exacerbate inequality. These
judicial pronouncements, combined with statutory amendments like the Hindu
Succession (Amendment) Act 2005, demonstrate the integrated approach of
constitutional law and parliamentary legislation in advancing women’s economic
rights.
Conclusion
Women’s rights under Indian law represent a
comprehensive framework combining constitutional protections, parliamentary
legislation, and transformative judicial jurisprudence. Gender justice emerges
as integral to human rights protection because both frameworks prioritize human
dignity, equality, and autonomy.
The multi-layered approach encompasses
constitutional guarantees (Articles 14, 15, 16, 21, 51A(e)), parliamentary
statutes addressing specific dimensions of women’s rights (from domestic
violence protection to workplace equality to reproductive autonomy), and
judicial interpretations that progressively expand and strengthen these
protections. From Vishaka’s recognition of workplace dignity to Joseph Shine’s
affirmation of matrimonial equality to Navtej Singh Johar’s protection of
gender minorities—the Supreme Court has demonstrated that gender justice
requires active dismantling of discriminatory laws and practices.
Key Laws Enacted by Parliament (for quick reference):
|
Law |
Year |
Key Protection |
|
Dowry Prohibition Act |
1961 |
Criminalizes dowry demands and related
cruelty |
|
Maternity Benefit Act |
1961 |
six month paid maternity leave; childcare
facilities |
|
Equal Remuneration Act |
1976 |
Equal pay for equal work;
non-discrimination in employment |
|
Medical Termination of Pregnancy Act |
1971 |
Women’s reproductive autonomy and right to
abortion |
|
Indecent Representation of Women Act |
1986 |
Protection from objectification in media
and advertisements |
|
National Commission for Women Act |
1990 |
Institutional mechanism for investigating
women’s rights violations |
|
Hindu Succession (Amendment) Act |
2005 |
Daughters as coparceners; equal property
inheritance rights |
|
Prohibition of Child Marriage Act |
2006 |
Criminalization of child marriage; victim
protection and relief |
|
POSH Act |
2013 |
Workplace sexual harassment prevention and
redressal |
|
Protection from Domestic Violence Act |
2005 |
Civil remedies for domestic violence
victims |
|
|
Constitutional Articles Protecting Women’s
Rights:
•
Article 14: Equality before law and equal
protection
•
Article 15(1): Prohibition of sex-based
discrimination
•
Article 15(3): Power for affirmative
action for women
•
Article 16: Equality in public employment
•
Article 21: Right to life and personal
liberty (includes dignity, privacy, autonomy)
•
Article 51A(e): Duty to renounce
practices derogatory to women’s dignity
Key Points to Remember for Exam:
1.
Women’s rights operate on multiple layers:
constitutional, statutory, and judicial
2.
Gender justice and human rights are
intrinsically linked through principles of dignity and equality
3.
Four landmark Supreme Court judgments
demonstrate judicial activism in gender justice
4.
Parliamentary legislation addresses specific
dimensions: violence, reproduction, employment, property
5.
Evolution from formal to substantive equality
through both law and judgment
6.
International law influence on Indian
jurisprudence (CEDAW in Vishaka)
7.
Transformative approach to gender discrimination
requiring legal, institutional, and social change
8.
Hindu Succession Amendment 2005 as watershed
moment in women’s property rights
9.
Gender justice extends to protection of gender
minorities and LGBTQ individuals
10.
Institutional mechanisms like NCW ensure ongoing
monitoring and protection of women’s rights.
Women’s
Rights in Indian Law: Easy Study Guide for Masters Exam
QUICK MEMORY STRUCTURE
Think of women’s
rights in three layers: 1. CONSTITUTIONAL LAYER (Basic foundation from
Constitution) 2. PARLIAMENTARY LAYER (Specific laws made by Parliament)
3. JUDICIAL LAYER (Supreme Court decisions that interpret and expand
rights)
LAYER 1:
CONSTITUTIONAL RIGHTS - “THE BIG 6”
Remember
these 6 constitutional articles that protect women:
Article 14 = EQUALITY BASIC
•
Simple meaning: Everyone (including women) gets same treatment under law
•
Why it matters: It’s the strongest tool to challenge any gender-based
discrimination
•
Example: If a law says women cannot apply for a job, Article 14 kills that
law
Article 15(1) = NO SEX
DISCRIMINATION
•
Simple meaning: Government cannot discriminate based on sex
•
Why it matters: Directly forbids gender-based unfair treatment
•
Key phrase: “State shall not discriminate on grounds of sex”
Article 15(3) = SPECIAL
HELP ALLOWED
•
Simple meaning: Government CAN give special advantages to women if needed
•
Why it matters: Allows affirmative action (like women-only scholarships,
reservations)
•
Remember: This is the EXCEPTION to equal treatment - when women are behind,
we can pull them forward
Article 16 = EQUAL JOBS
•
Simple meaning: No gender discrimination in government jobs
•
Why it matters: Women get equal recruitment, promotion, and training opportunities
•
Real example: Govt cannot say “this job is only for men”
Article 21 = RIGHT
TO LIFE WITH DIGNITY
•
Simple meaning: Life doesn’t just mean breathing - it means living with dignity,
privacy, freedom from harassment
•
Why it matters: Supreme Court has stretched this to cover:
–
Dignity (no harassment at work)
–
Privacy (reproductive choices)
–
Bodily autonomy (right to your
own body)
–
Freedom from violence
Article 51A(e) = EVERYONE’S
DUTY
•
Simple meaning: Every citizen has a duty to respect women’s dignity
•
Why it matters: Makes gender justice a constitutional responsibility of society,
not just courts
•
Remember: It’s a constitutional DUTY, not just a right
LAYER 2:
PARLIAMENTARY LAWS - “THE BIG 10”
These
are specific laws Parliament made for women’s protection:
GROUP A: PROTECTION FROM
VIOLENCE
1. Dowry Prohibition Act,
1961
Purpose: Stop dowry demands that lead to violence
Key points to memorize: - Criminalizes giving/taking/demanding dowry - Section 498A (IPC): Specifically for cruelty caused on account of dowry demand.
2. Protection
of Women from Domestic Violence Act, 2005
Purpose: Quick, effective help for women facing violence at home
Key provisions: - Defines abuse as: physical, emotional, sexual, verbal, economic
- Protects: wives, widows, mothers, sisters, daughters in same house - Quick
remedy: Protection Officer helps within 60 days (NO waiting for criminal
trial) - Exam memory trick: “60 days = Protection Officer’s deadline” -
Types of orders: Protection orders, Residence orders, Maintenance orders - Why
it’s special: Civil law (faster) not criminal law
GROUP B: WORKPLACE RIGHTS
3. Equal Remuneration Act,
1976
Purpose: Equal pay for equal work
Key points: - Core rule: Same
salary for men and women doing same/similar work - Covers: Recruitment,
promotion, training, transfer - Employer must keep wage registers (creates
transparency) - Exam memory trick: “Equal Work = Equal Wallet”
4. Sexual
Harassment of Women at Workplace (POSH Act), 2013
Purpose: Implemented Vishaka Guidelines
into law
Key points: - Applies to: Organized AND
unorganized sectors - For companies with 10+ employees: Internal Complaints
Committee required - For smaller companies: Complaints go to district Local
Committee - Covers: Physical contact, verbal advances, non-verbal conduct,
hostile environment - Exam memory trick: “POSH = Protection at Office,
Shop, Home”
GROUP C: REPRODUCTIVE RIGHTS
5. Medical
Termination of Pregnancy Act, 1971 (Amended 2021)
Purpose: Women’s right to decide about their own pregnancy
Key points: - Recognizes: Women have autonomy over their bodies - Extended
abortion rights to: Unmarried women (equal to married women) - 2021 Amendment:
Extended from 20 weeks to 24 weeks for: - Rape/incest survivors - Minors -
Specially-abled women - Serious fetal abnormality cases - Exam memory trick:
“MTP = My body, My choice”
GROUP D: PROPERTY &
INHERITANCE
6. Hindu
Succession Act 1956 + Amendment 2005
Purpose: Women’s right to own and inherit property
Original Act
(Section 14): Women can sell/gift/mortgage property
(absolute right)
2005 Amendment -
THE GAME CHANGER: - Before: Daughters
couldn’t inherit father’s property (only sons could) - After: Daughters
= Sons in inheritance - Daughters become “coparceners” (joint family property
owners) from BIRTH - Married daughters = Unmarried daughters (same rights) - Exam
memory trick: “2005 = Daughters got equal shoes with sons”
Succession order
when person dies without will: - Sons and daughters
treated EQUALLY - No longer “sons first, daughters later”
GROUP E: CHILD PROTECTION
7. Prohibition of Child Marriage Act, 2006
Purpose: Stop early marriage that
destroys girls’ futures
Key points:- Appointing Child Marriage Prohibition
Officers to enforce - Provides: Relief, rehabilitation, custody and maintenance
of children - Exam memory trick: “PCMA = Protect Children, Marry Adults”
8. Protection
of Children from Sexual Offences Act, 2012 (POCSO)
Purpose: Protect children (below 18)
from sexual abuse
Key points: - Gender-neutral but covers
girls - Recognizes: Sexual abuse = violation of Article 21 rights - Covers:
Sexual assault, harassment, exploitation, trafficking - Special procedures
sensitive to child’s age and circumstances - Exam memory trick: “POCSO =
Protection Of Child Sexual Offences”
GROUP F: DIGNITY &
OBJECTIFICATION
9. Indecent
Representation of Women (Prohibition) Act, 1986
Purpose: Stop using women’s bodies in demeaning ways in media/ads
Key points: - Covers: Advertisements, films, web series, publications,
paintings, etc. - Forbidden: Any depiction of woman’s figure that’s derogatory
or harmful to morals - Punishment: Up to 2 years jail + 1 lakh rupees fine
(higher for repeat offences) - Exam memory trick: “IRWA = Indecent
Representation? We’ll Act”
GROUP G: MATERNITY
PROTECTION
10. Maternity Benefit Act,
1961
Purpose: Protect working mothers
Key points: - Six month Paid leave: Additional: 30 days for pregnancy-related
illness - Nursing breaks: Up to 15 months after return - Childcare requirement:
Companies with 50+ female employees MUST provide creches - Exam memory trick:
“MBA = Mothers get Benefit, Always”
GROUP H: INSTITUTIONAL
PROTECTION
11. National
Commission for Women Act, 1990
Purpose: Independent body to protect women’s rights
Key powers: - Investigates complaints of rights violations - Recommends new
laws for women’s protection - Reviews constitutional/statutory provisions -
Funds cases affecting many women - Can summon witnesses and documents - Exam
memory trick: “NCW = National Champion for Women”
LAYER 3:
LANDMARK SUPREME COURT JUDGMENTS
Remember
these 4 historic cases and what they did:
Case 1: Vishaka
v. State of Rajasthan (1997)
The Issue: A social worker was
gang-raped at work. Was this a violation of fundamental rights?
Supreme Court’s Answer: YES! This
violates Articles 14, 15, 19(1)(g), and 21
What the Court Did: - Recognized sexual
harassment as gender-based discrimination - Used international law (CEDAW) to
interpret constitutional rights - Created Vishaka Guidelines for
workplace harassment prevention
Result: Led to POSH Act, 2013
Exam memory trick: “Vishaka = Violence
at workplace violates fundamental rights”
Case 2: Joseph
Shine v. Union of India (2018)
The Issue: Section 497 IPC criminalized
adultery - but only punished men, not women equally. Is this constitutional?
Supreme Court’s Answer: NO! This law is
unconstitutional (violates Articles 14, 15, 21)
Why the Court struck it down: - Treated
women as husband’s property - Denied women sexual autonomy - Only husbands
could file complaints (not wives) - Perpetuated patriarchal thinking
What the Court Said: - “Husband is not
master of wife” - “Legal sovereignty of one sex over another is WRONG” -
Marriage = mutual respect and equality, NOT ownership
Exam memory trick: “Joseph = Justice for Equality, Parity, Humanity”
Case 3: Navtej
Singh Johar v. Union of India (2018)
The Issue: Section 377 IPC criminalized
homosexuality. Does this violate rights?
Supreme Court’s Answer: YES! Violates
Articles 14, 15, 19, 21
What the Court recognized: - Sexual
orientation is part of personal liberty - Gender identity deserves
constitutional protection - Discrimination based on sexual orientation =
unconstitutional
Why it matters for women’s rights:
Expands gender justice to LGBTQ individuals - recognizing diverse gender
identities and sexual orientations
Exam memory trick: “Navtej = New rights
for various gender and sexual identities”
Case 4:
Sabarimala Temple Entry Case (Indian Young Lawyers Association v. Kerala, 2018)
The Issue: Sabarimala Temple excluded
women aged 10-50. Is this constitutional?
Supreme Court’s Answer: NO! Violates
Articles 15(1) and 25(1)
Key holding: - Gender divisions are
HUMAN CONSTRUCTS, not divine - Cannot use “religious tradition” to justify
gender discrimination - Constitutional morality trumps religious tradition
What makes it powerful: Court
prioritized women’s equality OVER religious freedom
WHAT CONNECTS GENDER JUSTICE TO HUMAN RIGHTS?
The 4 Golden Links:
1.
DIGNITY
–
Human rights = everyone
deserves respect
–
Gender justice = women deserve
same respect
2.
AUTONOMY
–
Human rights = you decide about
your life
–
Gender justice = women decide
about marriage, reproduction, work
3.
EQUALITY
–
Human rights = no
discrimination
–
Gender justice = no sex
discrimination
4.
ACCOUNTABILITY
–
Human rights = institutions
answer for violations
–
Gender justice =
courts/commissions punish discrimination
Exam memory trick: “DUEA = Dignity, autonomy, Equality, Accountability”
MEMORY TECHNIQUES FOR EXAM
Rhyming Memory Aids:
•
“14-15-16-21”: Constitutional articles in order
•
“DPA-PWDV-ERA-POSH-MTP-HSA-PCMA-POCSO-IRWA-MBA-NCW”: 11 laws in order (make acronym sentences)
•
“Vishaka-Shine- Navtej Johar-Sabarimala”: 4 cases in chronological order
Story Method:
Imagine a working woman’s journey: 1. Gets job (Article 16 - equal
employment) 2. Gets equal pay (Equal Remuneration Act) 3. Faces workplace
harassment (POSH Act + Vishaka judgment) 4. Gets pregnant (Maternity Benefit
Act) 5. Inherits property (Hindu Succession 2005) 6. Faces domestic violence
(PWDV Act) 7. Complains to NCW (National Commission for Women)
Color Coding:
•
RED: Violence laws (DPA, PWDV Act, POCSO, IRWA)
•
GREEN: Empowerment laws (MBA, MTP, HSA Amendment, ERA)
•
BLUE: Institutional laws (NCW, POSH Act)
•
PURPLE: Constitutional protections (Articles 14, 15, 16, 21)
COMMON EXAM MISTAKES TO
AVOID
❌ WRONG:
Saying Article 15(3) violates Article 15(1) ✅ RIGHT: Article 15(3) is an
exception to 15(1) - it allows special provisions
❌ WRONG:
Thinking PWDV Act is only for married women ✅ RIGHT: It protects wives,
widows, mothers, sisters, daughters
❌ WRONG:
Saying Joseph Shine case was about adultery being okay ✅ RIGHT: It was
about the LAW being unconstitutional, not adultery being acceptable
❌ WRONG:
Mixing up Navtej Singh Johar with Sabarimala case ✅ RIGHT: Navtej =
sexual orientation; Sabarimala = temple entry discrimination
❌ WRONG:
Saying only laws protect women ✅ RIGHT: Constitutional articles + laws +
court judgments = three-layer system
LAST-MINUTE
REVIEW (5 MINUTES BEFORE EXAM)
Remember these 3 things:
1.
Three Layers: Constitution (6 articles) → Parliament (11 laws) → Courts (4
cases)
2.
The Purpose: Formal equality (same treatment) → Substantive equality (equal
outcomes)
3.
The Connection: Gender justice = human rights applied to women
MODEL ANSWER FRAMEWORK
If you’re
stuck, follow this structure:
Para 1: “Women’s rights in India operate through three mechanisms:
constitutional guarantees, parliamentary legislation, and judicial
interpretation.”
Para 2: “Constitutionally, Articles 14, 15, 16, and 21 form the
foundation…”
Para 3: “Parliament has enacted specific laws addressing violence (PWDV
Act), property (HSA 2005), workplace (POSH, ERA), reproduction (MTP), and child
protection (PCMA, POCSO)…”
Para 4: “The Supreme Court has progressively interpreted these rights
through landmark judgments like Vishaka (sexual harassment), Joseph Shine
(matrimonial equality), Navtej Singh Johar (gender minorities), and Sabarimala
(religious vs. gender equality)…”
Para 5: “Gender justice is intrinsically linked to human rights because
both require protection of dignity, autonomy, equality, and accountability…”
Conclusion: “This three-layered approach demonstrates India’s commitment to
transforming women from mere legal subjects to active rights-holders.”
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