GS Paper II 2023 · Q12
15 marks · 250 words Constitution: evolution, features & basic structure X-Ray · Core #21Explain 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.
It asks 3 things — 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 more than formal equality: Article 15(3) permits special provision for women and children, so equality corrects historical disadvantage; courts turned this into enforceable law.
Cover
- Preamble and equality: justice and equality of status and opportunity; Article 14, Article 15(1) (no discrimination on grounds of sex) and Article 16.
- Substantive equality: Article 15(3) permits special provision for women and children; Article 21 secures dignity; Article 23 bans trafficking.
- Directive principles and duties: Article 39(a) and (d), Article 42 (maternity relief) and Article 51A(e) (renounce practices derogatory to women).
- Representation: one-third seats in panchayats and municipalities (Articles 243D, 243T); Article 332A for Assemblies by the 106th Amendment (2023), after delimitation.
- Case law, work: Nargesh Meerza (1981), Vishaka (1997, later the 2013 Act), Anuj Garg (2008) and Babita Puniya (2020).
- Case law, autonomy and property: Shayara Bano (2017), Joseph Shine (2018) and Vineeta Sharma (2020).
- Gaps and way forward: violence, unequal pay and low workforce participation persist; enforce existing law, operationalise reserved seats and change social norms.
Close with · Gender justice has moved in law from protection to equality and agency; making it real is India's pledge under SDG 5 to achieve gender equality and empower all women and girls.
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.”
- SDG 5 commits countries to achieve gender equality and empower all women and girls.Goal 5 - United Nations Department of Economic and Social Affairs, Sustainable Development ↗“Achieve gender equality and empower all women and girls”
Question: UPSC's CS (Main) 2023, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 361words · Minimalist IAS
The Constitution promises women more than formal equality. Article 15(3) permits special provision for women and children, so equality can correct historical disadvantage. Courts have turned this vision into enforceable law.
Constitutional provisions for gender justice
- Preamble: justice, social, economic and political, and equality of status and opportunity.
- Formal equality: Article 14 (equality before law), Article 15(1) (no discrimination on grounds of sex) and Article 16 (equal opportunity in public employment).
- Substantive equality: Article 15(3) grounds reservation and welfare provisions.
- Dignity and freedom: Article 21 secures life with dignity; Article 23 bans trafficking.
- Directive Principles and duties: Article 39(a) and (d) (livelihood; equal pay for equal work), Article 42 (maternity relief) and the duty under Article 51A(e) to renounce practices derogatory to women.
- Representation: one-third of seats in panchayats and municipalities (Articles 243D, 243T), extended to State Assemblies by Article 332A (106th Amendment, 2023) after delimitation.
Gender justice in the Constitution: Equality (Arts 14–16); Special provision (Art 15(3)); Dignity (Art 21); Fair work (Arts 39, 42); Representation (Arts 243D, 332A)
Case laws that widened gender justice
- Pregnancy and service: Air India v. Nargesh Meerza (1981) struck down ending air hostesses' service on first pregnancy.
- Safe workplaces: Vishaka (1997) laid down binding guidelines against sexual harassment, later codified in the 2013 Act.
- Against paternalism: Anuj Garg (2008) rejected 'protective' bars on women's employment; Babita Puniya (2020) secured permanent commission for women army officers.
- Autonomy in personal law: Shayara Bano (2017) set aside instant triple talaq; Joseph Shine (2018) struck down the adultery offence that treated women as property.
- Property: Vineeta Sharma (2020) confirmed daughters' equal coparcenary rights by birth.
The gap between text and practice
- Social barriers: violence, unequal pay, low workforce participation and patriarchal attitudes blunt rights on paper.
- Delayed voice: reserved Assembly seats await delimitation.
Way forward
- Enforce what exists: functioning complaints committees under the 2013 Act and equal-pay enforcement.
- Representation: bring Article 332A into force promptly after delimitation.
- Norm change: make Article 51A(e) live through schools and media.
Gender justice in Indian law has moved from protection to equality and agency. Making it real is India's pledge under SDG 5: 'Achieve gender equality and empower all women and girls'.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
