UPSC Mains 2023 GS2 Q12 — Gender Justice
Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Explain
- Scope keywords
- constitutional perspectivesGender Justicerelevant Constitutional Provisionscase laws
- Implicit sub-parts
- Evolution of Gender Justice from formal equality (Article 14) to substantive equality (Article 15(3)).
- The role of the Judiciary as a catalyst in expanding the definition of gender beyond the binary (e.g., NALSA judgment).
- The intersection of Directive Principles (DPSP) and Fundamental Duties in reinforcing gender equity.
- Critical gap analysis between constitutional de jure rights and de facto implementation.
- Common pitfalls
- Writing a general essay on women empowerment without citing specific Article numbers (e.g., 15(3), 39(a), 42, 51A(e)).
- Focusing only on 'Women' and ignoring the 'Gender Justice' aspect for transgender persons and the LGBTQ+ community.
- Failing to link case laws to specific constitutional provisions (e.g., linking Vishaka to Article 14, 19, and 21).
- Mentioning legal acts (like POSH or Maternity Benefit Act) without grounding them in their constitutional parentage.
- Dimensions required
- Preamble (Justice - social, economic, political)Fundamental Rights (Equality and Dignity)Directive Principles of State Policy (Economic justice and health)Fundamental Duties (Renouncing practices derogatory to dignity)Judicial Jurisprudence (Transformative Constitutionalism)
- Marks allocation hint
Allocate 40-50 words for the Preamble and Fundamental Rights framework. Devote 100-120 words to a thematic analysis of case laws (Vishaka, Shayara Bano, NALSA, Vineeta Sharma) linked to specific provisions. Use 50 words for DPSP and Duties, and reserve the final 30 words for a forward-looking conclusion on transformative constitutionalism.
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