Gender Justice and Constitutional Empowerment: A Critical Comparative Study of India and Sweden

India and Sweden present different constitutional frameworks for pursuing gender justice: the former by combining remedial affirmative action and progressive judicial interpretation, and the latter by incorporating gender equality as a constitutional norm with strong administrative agencies. In India, equality is guaranteed in the Constitution have been repeatedly interpreted and applied by courts in various landmark decision to protect women’s rights, most notably the Vishaka guidelines on workplace sexual harassment and many more. Sweden incorporates non-discrimination directly through constitutional norms with a broad legislative and institutional structure: the Discrimination Act, entitlements for parental leave, the Equality Ombudsman (DO) and the Swedish Gender Equality Agency are responsible for co-ordination of prevention, monitoring and policy implementation resulting in high formal compliance and large, encompassing substantive acts for economic and political equality. This comparative study takes the position that constitutional text, judicial remedies, and administrative enforcement have an interactive dynamic in different systems, with India's potential for transformation, while Sweden's aimed gender empowerment rests upon preventive social policy, including quality institutions of equality and mainstreaming across sectors. Methodologically, the paper uses the approaches of doctrinal analysis of constitutional provisions and case law, institutional mapping of agencies and statutes and a comparative analysis of policies outcomes (political representation, labour force parity, indicators of violence against women). The conclusion makes an argument for cross-learning: India requires narrowly improved implementation bodies and complements to the legal wins as well; Sweden can take advantage of more clear legal remedies where administrative paths lie dead. Together they shed light on the fact that constitutional design, case law and institutions together contribute to the creation of gender justice.