GENDER JUSTICE 2.0: TRANSFORMATIVE CONSTITUTIONALISM IN THE CHANGING INDIA

Abstract

Gender justice in India has moved through two distinct constitutional moments. The first, spanning the 1970s to the 1990s, secured formal equality through anti-discrimination rulings centred on employment, service conditions, and inheritance. The second “Gender Justice 2.0” unfolding over the past decade, is animated by transformative constitutionalism: an interpretive philosophy that treats the Constitution not as a static charter preserving existing social arrangements, but as an instrument for reordering them. This paper examines the evolution of gender justice through transformative constitutionalism, analyses landmark Supreme Court judgments, and evaluates contemporary challenges in achieving substantive equality. It argues that "Gender Justice 2.0" requires moving beyond formal equality towards inclusive, intersectional, and rights-based approaches that recognize diverse gender identities and lived experiences.