Right to equality and gender discrimination
Right to Equality and Gender Discrimination
I. Conceptual Overview
The Right to Equality is a fundamental right enshrined in Part III (Fundamental Rights) of the Indian Constitution and is central to the fight against discrimination, including gender discrimination.
Key Provisions Related to Equality and Gender in the Constitution of India:
Article 14: Equality before the law and equal protection of the laws.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 16: Equality of opportunity in matters of public employment.
Article 21: Protection of life and personal liberty (interpreted broadly to include dignity and equality).
Article 39(a) & (d): Directive Principles for equal pay for equal work and securing equal opportunities for men and women.
Article 42: Provision for just and humane conditions of work and maternity relief.
Gender Discrimination means treating a person unfavorably or unjustly based on sex, impacting opportunities, rights, or dignity.
II. Landmark Case Laws on Right to Equality and Gender Discrimination
1. Vishaka v. State of Rajasthan (1997) AIR 3011
Facts: The case arose from the gang rape of a social worker, Bhanwari Devi, highlighting the absence of laws protecting women against sexual harassment at the workplace.
Judgment: The Supreme Court laid down Vishaka Guidelines, which are binding on employers and institutions to prevent sexual harassment.
Significance:
Recognized sexual harassment as a form of gender discrimination violating Article 14, 15, and 21.
Created a legal framework for protection of women’s right to equality and dignity at work.
Key Principle: Gender equality includes a safe and harassment-free workplace.
2. Air India v. Nergesh Meerza (1981) AIR 1829
Facts: Air India had a rule requiring female air hostesses to retire earlier than males and prohibited marriage for a certain period.
Judgment: Supreme Court held these rules discriminatory and violative of Article 14 and 15(1).
Significance:
The court held that gender-based differentiation in employment must be reasonable and not arbitrary.
Established that discrimination on grounds of sex in employment is unconstitutional unless justified by valid reasons.
Key Principle: Equal opportunity in employment irrespective of gender.
3. Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum) (1985) AIR 945
Facts: Shah Bano, a divorced Muslim woman, sought maintenance from her husband under Section 125 CrPC.
Judgment: The Supreme Court ruled that a Muslim divorced woman is entitled to maintenance beyond the iddat period under secular law.
Significance:
Upheld gender equality and right to maintenance irrespective of religious personal laws.
Reinforced Article 14 and 15, promoting equal protection and non-discrimination.
Impact: Sparked debate on the balance between gender justice and religious personal laws.
4. Mary Roy v. State of Kerala (1986) AIR 1011
Facts: Mary Roy challenged the application of the Syrian Christian personal law that discriminated against women in inheritance rights.
Judgment: The Supreme Court held that Christian women in Kerala are entitled to equal inheritance rights under the Indian Succession Act and the Constitution.
Significance:
Affirmed constitutional supremacy over discriminatory personal laws.
Reinforced right to equality in property rights.
Key Principle: Personal laws must conform to constitutional guarantees of equality.
5. Dhanalakshmi v. Tamil Nadu (1997) AIR 909
Facts: Government reserved promotions for women in government services.
Judgment: The Supreme Court upheld this positive discrimination as valid under Article 15(3) (which allows special provisions for women).
Significance:
Affirmed affirmative action as a tool to achieve substantive equality.
Recognized temporary measures to counter historic gender discrimination.
Key Principle: Equality allows reasonable classification and positive discrimination to uplift women.
6. Navtej Singh Johar v. Union of India (2018) AIR 4321
Facts: Challenge to Section 377 IPC criminalizing consensual homosexual acts.
Judgment: Supreme Court decriminalized consensual homosexual acts, stating that sexual orientation is an essential attribute of privacy and dignity.
Significance:
Extended the right to equality to include LGBTQ+ persons.
Affirmed gender identity and sexual orientation as grounds protected from discrimination.
Key Principle: Equality includes protection against discrimination based on sexual orientation and gender identity.
7. Sarla Mudgal v. Union of India (1995) AIR 1531
Facts: Addressed the issue of Muslim men converting to Islam to practice polygamy.
Judgment: The Supreme Court emphasized constitutional values of equality and monogamy under Hindu Marriage Act.
Significance:
Reinforced gender justice and equality within the ambit of marriage and personal laws.
Key Principle: Gender equality transcends religious personal laws to the extent of fundamental rights.
III. Summary of Legal Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Equality before law | No arbitrary discrimination based on sex | Air India v. Nergesh Meerza |
| Prohibition of gender discrimination | Any unfavorable treatment based on gender is unconstitutional | Vishaka Guidelines |
| Affirmative action | Special provisions allowed to uplift women | Dhanalakshmi v. Tamil Nadu |
| Protection against sexual harassment | Safe workplace is part of gender equality | Vishaka Guidelines |
| Constitutional supremacy over personal laws | Gender equality overrides discriminatory customs | Mary Roy case |
| Equality extends to LGBTQ+ rights | Protection from discrimination based on sexual orientation | Navtej Singh Johar |
IV. Conclusion
The right to equality and prohibition of gender discrimination are cornerstones of Indian constitutional law. The Supreme Court has been proactive in interpreting the Constitution to dismantle discriminatory practices against women and marginalized genders through:
Affirmative action (reservations)
Judicial intervention in personal laws
Protection against sexual harassment
Recognition of LGBTQ+ rights
This body of case law ensures that gender justice is an evolving principle integrated into all facets of law and governance.
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