GENDER EQUALITY AND INDIAN CONSTITUTION: A FORMATIVE APPROACH TOWARDS CRIMINAL JURISPRUDENCE
By Shreshth Bhatnagar
Mahatma Gandhi was a firm believer of equality among people and dreamt of equality among mankind, irrespective of caste, creed and religion, and his policy of non-violence has been an inspiration to all people across the world. Equality plays a significant role in a society, if we talk about equality in a broader sense than the Constitution of India Comes into mind, Our Preamble of the Constitution of India inherently talks about the provision of Equality which is enshrined in our law of the Land. Article 14 of Constitution of India which expressly talks about Equality before the law and Equal protection of the laws to the Indian as well as non-Indian citizens and furthermore it is defined as Directive principles of state policies and Fundamental Duties. In today’s scenario transgender took place as third gender, so it could be said that state shall not make any law that oppresses or suppress the rights of the third gender. State and centre legislatures must have to keep in mind the provisions of equality while framing any law.
In this paper researcher will analyses the various provision of the Constitution of India and Constitutional precedents, regarding Gender Equality towards the development of Criminal law and justice system. The researcher will also cite some necessary provisions regarding uplifting of the third gender which are provided in the Transgender Persons (Protection of Rights) Act, 2019.
Keywords: Equality, Preamble, Constitution of India, Gender Equality, Criminal law, Justice System.
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