Culture does not make people. People make culture. If it is true that the full
humanity of women is not our culture, then we can and must make it our culture.-himamanda Ngozi Adichie
Introduction and Meaning
Gender justice is a human right; every woman and girl is entitled to
live in dignity and in freedom, without any fear. Gender Justice is
indispensable for development, poverty reduction, and is crucial to
achieving human progress.
Gender justice is a tool that helps us in achieving equality and equity
in the distribution of resources.
Gendered lifestyles need not be ruled out, but should not be achievable
at lower costs than a gender neutral lifestyle. This principle is grounded
in the values at the core of liberal egalitarian justice: equality of access
and the good of individual choice.
Earlier, women were not given any importance, they were even denied the
basic human rights and fundamental rights. One of the major reasons for such
conduct was predominant male society and the patriarchy followed in the
Women were harassed, at work places and were even tortured by their
husbands even at home.
The revolution of asking up for their rights arose in the late 19th
Century, and hence after that the changes started taking place.
With the emerging awareness amongst the women regarding their rights,
there were several changes in the legislations made even in India.
The amendments in the IPC, CrPC and IEA can be seen in this regarding.
The adding of the Sec498A and Sec304B in the IPC, Sec198A in CrPC and Sec113A
and Sec113B of the IEA.
But there was still the need for protecting the women, against the
violence they faced in their houses.
The other main problem was regarding, when the couple wanted a divorce,
it was always the women who suffered, as the cases in the civil courts are
such in abundance that the family issues are not dealt seriously.
Moreover, justice delayed is justice denied, and hence we will talk
about two institutional setups for gender justice.
The evolving feminist jurisprudence, in this matter can be evolvedthrough Family Courts and PWDVA.
Family Courts Act, 1984
This act was enacted with the objective of speedy disposal of the family
related disputes and efficient disposal of cases with a person specialised
in such field.[5
This need was led down by the court in the case of Smt. Durga Deshkmukh and
in affect to that the Fmaily Courts Act, 1984 was enacted.
The laws regarding the women are the most important to lead and flourish
Even, the Constitution of India provides Art.14, Art.15 and Art.21
regarding the upliftment of women and the provisions thereof.
There was also an opposition faced, where it was alleged that the Family
Courts Act is violative of Art.14 as it discriminates on the basis of
population, and that is not intelligible differentia. The court held that there
is intelligible differentia between the objective of the act and hence it is not
violative of the fundamental rights.
My opinion with respect to this act is that, the objective is just and
apt. but the main limitation over here is regarding the reporting of the
cases by the common man.
This has its own limitation of not reporting it, and thus the justice
cannot be done.
The main objective of this act was to protect women against all types of
abuses that would be included in the domestic violence.
The court had laid down in case of VD Bhanot V. Savita Bhanot regarding
the need of such a legislation.
There have been many aspects included in the cover of domestic violence.
All women are covered under this act including girls, wives, mothers,
daughters and sisters and hence this is an umbrella legislation
The main limitation of the act is the implementation. The majority of
the women do not report the case and hence it does not meet the objective.
The legislations have been laid down for the protection of rights of
women and also for the justice.
But firstly, majority of the women do not apt to that just for the
reason that there is no awareness regarding their rights and also that such
legislations would protect them.
Also, the women who are aware of the rights and legislations, do not apt
for such litigations as due to personal reasons.
Hence, only if the women understand and stay aware of the rights, the
objective of such legislations can be achieved.
There are also abuse of such legislations and some women use it as tool
for abstracting money from her husband and in laws.
Anca Gheaus, Gender Justice, 6(1) Jesp 1, 1-24 (2017).