IMPORTANCE OF GENDER JUSTICE
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-14 ISSUE NO:- 14 , AUGUST 24 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- Adv. Kaustubh Pimpalkar IMPORTANCE OF GENDER JUSTICE Abstract: Gender justice is a crucial dimension of human rights that seeks to address and rectify inequalities and discrimination based on gender. It encompasses the principles of fairness, equality, and the elimination of discriminatory practices affecting individuals of all genders. Gender justice is not only about ensuring equal opportunities and protections under the law but also about transforming societal norms and structures that perpetuate gender-based disparities. Key components of gender justice include legal reforms to promote equality, economic empowerment to close gender-based gaps, and social initiatives to change cultural attitudes and practices. International frameworks, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Sustainable Development Goals (SDGs), provide guidelines and commitments for advancing gender justice globally. In various contexts, including the Indian legal system, gender justice is addressed through constitutional provisions, landmark judicial decisions, and policy reforms. These efforts aim to dismantle systemic barriers and promote a more inclusive and equitable society. Ultimately, achieving gender justice requires a multifaceted approach that integrates legal, economic, and social dimensions to foster an environment where all individuals can thrive, free from discrimination and inequality. This paper gives overview of gender justice with human rights and Indian constitution with landmark judgements of Apex court in Indian history. It also gives importance of women rights in making gender justice with reference to achieve ultimate justice for all human beings. Keywords: Equality, Equity, Discrimination, Gender based violence, Sexual harassment, Reproductive rights, Legal reforms, LGBTQ rights, Human rights, social justice. Introduction: Gender justice is an important human right that aims to address and correct inequality and discrimination between people because of their gender. It embodies the principles of justice, equality and respect for all genders and aims to eliminate obstacles that cause gender inequality. This concept goes beyond legal equality to include economic, social and cultural aspects, and recognizes that achieving gender equality requires overall change. Prejudices still stand in the way of achieving gender equality. These issues are multifaceted, including wage inequality, limited access to education and healthcare, gender-based violence, and discrimination outside society. Addressing these issues is not only about developing and enforcing fair laws, but also about changing the culture and practices that support gender inequality. The legal system must be strong and inclusive, providing protection and equality for all genders. Economic strategies should focus on closing gender gaps in employment and income, while education and social measures should focus on creating and promoting a culture of respect and inclusion. An environment where everyone, regardless of gender, has the opportunity to thrive. A positive approach to gender equality is essential to promoting a fair and just world where everyone can participate and contribute to society without discrimination or disadvantage based on gender. Gender justice and human rights: Gender justice and human rights are interrelated concepts, and both aim for dignity, equality and freedom for all people, regardless of gender. While gender justice addresses inequalities and injustices, especially those affecting women, and non-sex and gender differences, human rights provide a broad basis for the protection of the freedoms and rights of all people. Human rights are universal and inalienable and belong to everyone by virtue of being human. These include the right to life, liberty and security; protection from discrimination; This means actively working to eliminate the problems and injustices that prevent women and gender diversity from enjoying their human rights. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides the legal framework for gender equality. “Gender justice is an essential component of human rights, aiming to ensure that individuals of all genders have equal access to opportunities, resources, and protection under the law.”1 Some of international human rights provisions are as follows: 1.Universal Declaration of Human Rights (UDHR): – Article 1: All human beings are born free and equal in dignity and rights. – Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind. – Article 3: Everyone has the right to life, liberty, and security of person. – Article 4: No one shall be held in slavery or servitude. – Article 5: No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. – Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. -Article 19: Everyone has the right to freedom of opinion and expression. – Article 21: Everyone has the right to take part in the government of their country, directly or through freely chosen representatives. – Article 25: Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family. 2.International Covenant on Civil and Political Rights (ICCPR): -Article 6: Right to life. – Article 7: Freedom from torture and cruel, inhuman, or degrading treatment or punishment. – Article 9: Right to liberty and security of person. – Article 14: Right to a fair trial. – Article 18: Right to freedom of thought, conscience, and religion. – Article 19: Right to freedom of opinion and expression. 1 United Nations Human Rights Council. (2011). Gender Equality and Human Rights. – Article 21: Right of peaceful assembly. – Article 22: Right to freedom of association. International Covenant on Economic, Social and Cultural Rights (ICESCR): – Article 6: Right to work. – Article 7: Right to just and favorable conditions of work. – Article 11: Right to an adequate standard of living, including adequate food, clothing, and housing. – Article 12: Right to the highest attainable standard of physical and mental health. – Article 13: Right to education. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): – Article 1: Definition of discrimination against women. – Article 2: