CONSTITUTIONALITY OF GENDER BIAS IN LEGAL PROVISIONS

AUTHORS – SAURABH PANDEY* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SAURABH PANDEY & DR ARVIND KUMAR SINGH, CONSTITUTIONALITY OF GENDER BIAS IN LEGAL PROVISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 42-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Gender bias within legal provisions poses a complex challenge to the constitutional principles of equality and non-discrimination. Although some gender-specific laws seek to address historical injustices and foster substantive equality, others reinforce stereotypes and disparities. This paper investigated the constitutionality of these provisions by examining legal frameworks, judicial interpretations, and empirical evidence. It investigates the conflict between formal and substantive equality, utilizing both qualitative and quantitative approaches. Case studies and comparative assessments further clarify how these laws either conform to or diverge from constitutional ideals. The study concludes with suggestions for realizing genuine gender justice in legal systems.

Significance:- This study contributes to legal  converse by  relating gaps in gender-neutral legal protections and suggesting implicit reforms.

Keywords Gender Biasness In India, Indian Legal Provisions, Constitution Law, Equality, Discrimination, Human Rights, Judicial Review, Substantive Equality, Feminist Legal Theory