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VOL. 7, ISSUE 6 (2021)
Prominent judgements that have transformed gender justice in India- A review
Authors
Sushma Aggarwal, Sonam
Abstract
The courts are one of the most important agents of social transformation. This paper throws light on major legislations passed by the Supreme Court of India which has transformed gender justice in India by also taking into account the movements and incidents which caused them. It describes in detail those legislations which could be called as landmark in correcting gender inequality by preserving a woman’s right to equality. So in a way, We have tried to see how the idea of gender justice has evolved over the years. The paper also talks about the role civil society organisations has played in the enactment of these legislations. We also discuss an alternate view that court’s idea of gender justice apparent from the legislations enacted may be reinforcing gender stereotypes and traditional gender roles and therefore can they be truly making historically disadvantaged women equal to men? Also, the enactment of legislations are not a sufficient condition for ensuring that gender inequalities are corrected in the system. One, there are gaps in the existing legislations. Secondly, despite the presence of legislations, in practice, women do not exercise their rights or seek justice due to family or societal pressures. Therefore, the study provides important suggestions to correct for gaps in the legislations as well as deal with the impediments to women asserting their rights and attaining equality in the true sense. The study also makes recommendations to attain a more gender -neutral judiciary so that “gender justice” is felt by the masses and is not just present in the legal documents.
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Pages:20-24
How to cite this article:
Sushma Aggarwal, Sonam "Prominent judgements that have transformed gender justice in India- A review ". International Journal of Law, Vol 7, Issue 6, 2021, Pages 20-24
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