Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
Approach · directive: “explain”
What it asks · Explain how the Constitution promotes gender justice through its Preamble, fundamental rights, directive principles and duties, and illustrate with decisions of the Supreme Court.
The question has 3 parts — answer each
- Explain the constitutional perspective on gender justice: Preamble, fundamental rights, directive principles, duties and political representation
- Illustrate with relevant case laws
- Note the gap between constitutional text and practice
Open with · The Constitution promises women not just formal equality but substantive justice, allowing special provisions to correct historical disadvantage.
Cover
- Preamble and equality: justice, equality and dignity; Article 14 (equality), Article 15(1) (no discrimination on grounds of sex) and Article 16 (equal opportunity in public employment).
- Special provision: Article 15(3) permits laws favouring women and children; Article 23 bans trafficking; Article 21 covers dignity and safety.
- Directive principles and duties: Article 39(a) and (d) (adequate livelihood and equal pay), Article 42 (maternity relief) and Article 51A(e) (renounce practices derogatory to women).
- Political participation: reservation for women in panchayats (Article 243D) and municipalities (Article 243T), and Article 332A on Assembly seats added by the 106th Amendment (2023).
- Case law, work: Vishaka (1997) laid down guidelines against sexual harassment; Air India v. Nargesh Meerza (1981) struck down the rule ending service on first pregnancy.
- Case law, autonomy and rights: Shayara Bano (2017) on instant triple talaq, Joseph Shine (2018) on adultery, and Vineeta Sharma (2020) on daughters' coparcenary rights.
- Gaps: violence, unequal pay, low workforce participation and patriarchal attitudes show that implementation lags behind principle.
Close with · Gender justice in India is moving from protection to equality and agency, but it needs enforcement and social change to match the text.
Add value (verified)
- Article 15(3) is the constitutional basis for women-specific measures such as reservation and welfare provisions. The Constitution of India (as on 1 May 2024), Article 15(3) - Legislative Department ↗“Nothing in this article shall prevent the State from making any special provision for women and children.”
Question: UPSC's CS (Main) 2023, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 314 words (UPSC limit 250) · Minimalist IAS
The Constitution promises women more than formal equality: it forbids discrimination, permits special provision to undo historical disadvantage, and treats dignity and participation as parts of justice. The courts have turned these promises into enforceable law.
Constitutional provisions
- Preamble: justice, social, economic and political, and equality of status and opportunity for all citizens.
- Fundamental rights: Article 14 (equality before law), Article 15(1) (no discrimination on grounds of sex), Article 16 (equal opportunity in public employment), Article 21 (life with dignity), Article 23 (ban on trafficking).
- Substantive equality: Article 15(3) allows special provision for women and children, the basis of reservation, maternity benefit and welfare measures.
- Directive principles and duties: Article 39(a) and (d) (adequate livelihood; equal pay for equal work), Article 42 (humane work conditions and maternity relief), and the duty under Article 51A(e) to renounce practices derogatory to women's dignity.
- Representation: one-third of seats for women in panchayats and municipalities (Articles 243D, 243T), extended to State Assemblies by Article 332A through the 106th Amendment (2023), to operate after delimitation.
Case laws
- Workplace: Air India v. Nargesh Meerza (1981) struck down termination of air hostesses on first pregnancy; Vishaka (1997) laid down binding guidelines against sexual harassment, later codified in the 2013 Act; Anuj Garg (2008) rejected 'protective' bars on women's employment; Babita Puniya (2020) secured permanent commission for women army officers.
- Personal law and autonomy: Shayara Bano (2017) set aside instant triple talaq; Joseph Shine (2018) struck down the adultery offence that treated women as property; Vineeta Sharma (2020) confirmed daughters' equal coparcenary rights by birth.
Text versus practice
- Violence, unequal pay, low workforce participation, under-representation in legislatures and patriarchal attitudes show that enforcement and social change lag behind the text.
Gender justice in India has moved from protection to equality and agency in law; closing the gap now depends on implementation, from workplace committees to reserved seats, and on changing social norms.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.