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ZENODO
Article . 2026
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
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Constitutional Protection Against Gender Discrimination

Authors: Nagarthawar, Digambar Rajanna;

Constitutional Protection Against Gender Discrimination

Abstract

Gender discrimination has been a persistent challenge in Indian society, rooted in historical, social, and cultural practices. Recognizing the need for equality and social justice, the Indian Constitution and subsequent legislative measures provide a robust framework to combat gender-based discrimination. These protections aim not only to ensure formal equality but also to promote substantive equality by addressing structural disadvantages faced by women and gender minorities. This paper examines the constitutional provisions and legislative safeguards against gender discrimination in India and evaluates their role in advancing equality. Gender equality is a fundamental right enshrined in the Indian Constitution, yet gender discrimination remains a persistent societal challenge. This article examines the constitutional provisions and legislative measures aimed at combating gender discrimination in India. The Constitution, [11] through Articles 14, 15, and 16, guarantees equality before the law and prohibits discrimination on the grounds of gender. Article 39 emphasizes the principle of equal pay for equal work, while Article 42 mandates provisions for just and humane working conditions for women. Landmark legislations such as the Equal Remuneration Act, 1976, the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [12] have bolstered legal protections for women. Judicial interpretations have further expanded the scope of gender justice, ensuring progressive reforms in areas such as workplace equality, inheritance rights, and reproductive autonomy. Despite these advancements, the enforcement of these laws remains inconsistent, with deeply ingrained patriarchal norms posing significant hurdles. This article underscores the need for robust implementation mechanisms and societal transformation to achieve the constitutional vision of gender equality. It highlights the interplay of law and policy in addressing systemic gender discrimination and fostering an inclusive and equitable society.

Keywords

Gender Discrimination, Equality, Indian Constitution, Fundamental Rights, Gender Justice.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average