Gender
justice seeks to achieve a life of dignity and freedom to women as a basic
human right. It includes sharing of power and responsibility between women and
men at home, in the workplace, and in the wider national and international
communities.
The
Supreme Court recently asked the Kerala government to come out with an
exclusive legislation regarding the administration of the historic Sabarimala
temple.
Role of judiciary towards achieving
gender justice:
1) Addressing sexual harassment at
workplace: Supreme Court in a landmark judgement in the Vishakha and others v
State of Rajasthan 1997 case gave ‘Vishakha guidelines’ which formed the basis
for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 (“Sexual Harassment Act”).
2) Voluntary Health Association of
Punjab vs. Union of India, 2013: Supreme Court issued guidelines for the
effective implementation of Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994.
3) Shayara Bano v. Union of India
& Others. 2017: Supreme Court in a 3:2 majority judgement, held the
practice of triple talaq as unconstitutional.
4) Recent Verdict: A 5-judge
Constitution bench, headed by the then Chief Justice Ranjan Gogoi, in a 3:2
majority verdict, had referred to a larger 7-judge bench the pleas seeking
review of its historic 2018 judgement allowing women and girls of all ages to
enter Kerala’s Sabarimala temple, along with other contentious issues of
alleged discrimination against Muslim and Parsi women. The top court had not
stayed the 2018 verdict that had allowed entry of girls and women of all ages
into Sabarimala temple.
Challenges of judicial interventions:
1) Conflict between constitutional
morality and customary morality: The ‘doctrine of essentiality’ allows courts
taking upon themselves the responsibility of determining the essential and
non-essential practices of a religion, which often creates a clash with
religious beliefs and faith.
2) Addressing contentious issues may
lead to judicial overreach: The Supreme Court had to modify its directions
regarding formation of Family Welfare Committees, given in Rajesh Sharma v/s
State of U.P, 2017 arguing that they are an extra-judicial authority, which
cannot exercise powers and functions of police and court.
3) Opening up of Pandora’s Box:
Judicial intervention in select cases would raise a demand for similar
interventions against a number of unethical but permissive religious practices.
Measures needed:
1) Increasing women’s economic
independence through improving financial literacy, access to financial services
and assisting women to develop their employment prospects.
2) Working with vulnerable
populations to enable the realization of sexual and reproductive health and
rights.
3) Skill development through life
skills education for low-income women equipping them with knowledge, skills and
an understanding of their rights and entitlements enabling them to manage their
lives better.
It
is essential to not only ensure women and girls are free from violence but that
they have the agency, autonomy and self-determination to reach their potential
and lead lives they value.