Judicial Protection of Gender Justice in India: A Transformative Constitutional Perspective

Abstract

Differentiation is the process by which status are allotted in social hierarchy. Societies of the world are differentiated on different basis but gender is very common ground of social differentiation throughout the world. Indian society is also based on social inequality and gender based discrimination. The history of Indian society is the history of women sufferings and retardness of women throughout the ages. The social reforms movements do needful to secure justice for women. After independence the constitution of India was framed with the chapter on fundamental rights to ensure equal treatment by law to every citizen of India. The right to equality in the Indian constitution strictly prohibits discrimination on social grounds. The Indian judiciary as a custodian of Indian constitution protecting it in letter and spirit. The Indian Judiciary by her landmark judgments from time to time ensured the social justice to every section of Indian society and abolished the gender based discrimination in India. The landmark Judgments delivered by the Indian judiciary in Shayra Bano v/s Union of India (Triple Talaq Case) 2017, Nalsa v/s Union of India (2014) and young lawyers association v/s Union of India (2018) abolished the gender based discrimination in India.