Apoorva Singh & Sidhanth Singh, ICFAI University
ABSTRACT
Gender justice refers to equitable treatment of both men and women in the society. The fundamental goal of the constitution makers was to make India a state in which everyone is treated equally and has equal status in the eyes of the law, regardless of age, caste, religion, sex, or place of birth. Because the framers of the Constitution were cognizant of the plight of women, they included provisions to protect their equality. Articles such as 14, 15(1), and 15(3) of Constitution forbid discrimination and prejudice against any person based on their religion, age, sex, or place of birth, and empower the state institutions to further safeguard the interest of women and children. Article 16(1) guarantees equal opportunity to all citizens in employment concerns. Article 23 is a right against exploitation that prohibits human and slave trafficking.
Not only fundamental rights, but also the DPSP, Part IV of the Constitution mandates the state to safeguard and secure social, political, and economic justice. Articles 39(a)(d), 51A(e), 42, and 44 deal with equitable treatment of men and women, equal pay for equal work, maternity benefits, and equitable and humane working conditions.
Following independence, the framers of the constitution sought to change Indian society and to establish India as an egalitarian nation. To attain this goal, law was utilized as a tool to check and abolish gender discrimination, and laws were enacted for that aim. Despite a slew of laws and measures promoting equality and equal protection under the law, women in India face discrimination, marginalization, and inequality. The condition of women in India remains unchanged.
Furthermore, religion has aided society in promoting discrimination against women. Men have used religion as a tool to oppress and control women. By implementing UCC, all discriminatory practices connected to divorce, polygamy, inheritance, and maintenance against women can be abolished.
Keywords: Gender Justice, Article 44, Uniform Civil Code, Equality, Personal Law.
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