This essay critically examines the concept of gender equality from a jurisprudential perspective, addressing its limitations and structural challenges within legal and societal frameworks. It explores the foundations of gender equality in the Indian Constitution, its alignment with international human rights principles, and its categorization as a second-generation right requiring state intervention. Drawing parallels with caste-based inequalities, the essay critiques the inadequacies of the current legal framework in addressing the patriarchal and social constructs that perpetuate gender hierarchies.
Incorporating insights from Angela Saini’s The Patriarchs: The Origins of Inequality, the essay delves into the historical and anthropological roots of gendered oppression, revealing how laws, customs, and capitalism have entrenched male dominance. John Rawls' Veil of Ignorance is employed to propose a fair and impartial framework for justice, advocating for substantive equality over formal equality. Inspired by B.R. Ambedkar’s vision of dismantling caste and social hierarchies, the essay calls for transformative legal and social reforms to render gender identity obsolete, ultimately envisioning a society rooted in true equality and justice.
