GENDER JUSTICE

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Gender justice is the essence of the Indian democracy; it stands for the equality of the status between men and women in all sphere of the society. It is the spirit of the social justice. On August 22, 2017 in the case of Shayara Bano and others v. Union of India and other historical judgment has been passed by the Hon’ble Supreme Court of India which declared the triple talaq as arbitrary and unconstitutional under the Muslim Law. The Judgment is based upon the gender justice who will prohibit the Muslim men calling off their marriage on a whim. And another judgment passed in the case of Indian Young Lawyer’s Association & Ors. V. State of Kerala & Ors in which the Hon’ble Supreme Court has permitted entry of women of all age group to the Sabarimala temple, because devotion cannot lead to the gender discrimination. Both the historical judgments are passed to protect the fundamental rights of the women as it violates their Right to equality which is provided in Article 14 of the Indian Constitution. Gender justice is the need of the hour. The framer of the Indian Constitution enshrined adequate principles for the upliftment and promotion of the women in Indian society, The Constitution of India which is viewed as the preeminent document that must be adhered to, gives unique privileges to women, for example, Article 15 ensures the privilege against segregation. The partiality and predisposition against women is widespread an issue to be countered by the privilege to fairness, henceforth the privilege against segregation. Article 15(3) discusses the extraordinary principles for women. In the Indian society women are still facing gender discrimination in some form or the other like female foeticide, infanticide, child marriage, domestic violence, sexual harassment at the workplace, sexual violence etc., though many legislations have been framed but still they are lacking in their proper implementation. Gender justice deals all human being be it a man or woman, both are free to develop their persona ability beyond the limits.


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