Reassessing Gender Equality: A Critical Analysis of Gender Bias and Asymmetry in Indian Statutory Frameworks

Abstract

The constitutional commitment to equality and non-discrimination forms the foundation of India’s legal framework. Articles 14, 15 and 16 of the Constitution guarantee equality before the law, prohibit discrimination on specified grounds, and promote equal opportunity. Several Indian statutory frameworks continue to adopt gender-specific classifications, differential standards, and protective measures that raise important questions regarding gender neutrality, constitutional justification, and the evolving understanding of gender justice. This research seeks to critically examine gender-based asymmetries embedded in Indian legislation and their compatibility with constitutional principles of equality, dignity and non-discrimination. The study proposes to analyse whether gender-specific statutory provisions constitute legitimate protective discrimination aimed at addressing historical and structural inequalities or, in certain circumstances, perpetuate stereotypes and unequal treatment. It also examines the extent to which laws framed predominantly around women’s protection adequately address instances where men or persons of diverse gender identities may experience legal disadvantage. The research argues that gender justice cannot be achieved merely through gender-specific protection or formal equality before the law. The study seeks to identify areas where statutory reform may be necessary to make Indian laws more gender-sensitive, rights-oriented and substantively equal, while preserving legitimate measures designed to remedy historical disadvantage. Ultimately, the research aims to contribute to the development of a more balanced and inclusive conception of gender justice within the Indian constitutional framework.