Gender and the Constitution: A Critical Analysis of the Transformative Jurisprudence in India

Author(s): Dr. Rajeshri Varhadi and MESV Krupakar

Abstract:

This research paper critically analyses the relationship between gender and the Indian Constitution, focusing on how transformative jurisprudence has promoted gender justice. It begins by outlining the importance of gender justice in a constitutional democracy and India’s foundational legal commitment to challenging patriarchal norms. It then examines five major areas of constitutional jurisprudence. These include: the doctrine of substantive equality and the judiciary’s role in addressing gender discrimination; judicial responses to gender-based violence and harassment; recognition of reproductive and sexual autonomy through the lens of bodily integrity and privacy; the expansion of rights for LGBT+ individuals and recognition of diverse gender identities; and the tensions between gender justice and religious or cultural practices, particularly where constitutional morality is invoked. Through a review of landmark judgments and doctrinal developments, the paper argues that Indian courts have, at times, embraced a transformative and inclusive vision of constitutional rights. Nonetheless, it highlights the limitations and inconsistencies that hinder the full realization of gender justice. The study concludes with a call for a more coherent and sustained judicial commitment to constitutional transformation in gender-related matters.

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