Judicial Trends in Gender Justice: A Study of Landmark Judgments on Women Protection Laws in India
This research examines the evolutionary trajectory of gender justice in India through the lens of landmark judicial pronouncements on women protection laws. The study traces the transformation of judicial interpretation from a restrictive, positivist approach to a more progressive, rights-based framework that integrates international human rights standards. Through a qualitative analysis of seminal judgments across five decades (1970-2023), the research identifies distinct phases in the judiciary's engagement with gender justice: from formal equality to substantive equality, from protection to empowerment, and from gender-neutral to gender-responsive adjudication. The analysis reveals how the Supreme Court and High Courts have progressively expanded the scope of constitutional guarantees, reconceptualized gender-based violence as a human rights violation, developed specialized jurisprudence on workplace sexual harassment, strengthened implementation mechanisms for women protection laws, and challenged patriarchal norms embedded in legal discourse. The research demonstrates that despite significant jurisprudential advances, inconsistencies persist across jurisdictions and levels of judiciary, reflecting broader sociocultural resistance to gender equality. The study concludes that the Indian judiciary has evolved from being a passive interpreter to an active architect of gender justice, though the gap between progressive judicial pronouncements and their implementation remains a critical challenge in translating legal victories into lived realities for women across socioeconomic strata.