'Progress In Gender Justice Not Due To Courts Alone': CJI BR Gavai Acknowledges Role Of Civil Societies, Women's Movements

Chief Justice of India BR Gavai on Tuesday (November 12) said that India's progress toward gender equality has not been achieved by the judiciary alone but through the constant vigilance of civil society, the persistence of women's movements, and the courage of ordinary citizens who have held institutions accountable to the Constitution's vision of justice.

Delivering the 30th Justice Sunanda Bhandare Memorial Lecture in New Delhi on the theme “Justice for All: Building a Gender Equal and Inclusive India”, the Chief Justice said that the relationship between the courts and the people has been central to keeping the idea of equality alive.

“There have been moments when judicial interpretations failed to capture the lived realities of women or fell short of the transformative spirit of the Constitution. However, the vigilance of civil society, the persistence of women's movements, and the courage of ordinary citizens have together kept the judiciary accountable to the constitutional promise of equality," CJI said.

"Therefore, it is important to acknowledge that progress in gender justice has never been the achievement of courts alone. The collective voice of citizens has ensured that regressive precedents were questioned, debated, and ultimately corrected through reform, reinterpretation, or legislative intervention. The dialogue between the courts and the people thus remains one of the most vital sources of India's democratic strength, reminding us that the march toward gender equality is not a destination reached, but a commitment constantly renewed,” CJI Gavai added.

The Chief Justice noted that India's constitutional journey toward equality has been both judicial and societal, shaped as much by landmark court rulings as by the public's insistence on justice. He said the “ongoing dialogue between law and life” has been essential to translating the Constitution's moral vision into lived reality.

'Gender Justice Is Not Women's Burden Alone'

CJI Gavai said that the responsibility of achieving gender justice does not rest solely on women, but equally on men who must take active part in dismantling systemic inequalities and reimagining power as a shared space rather than a zero-sum contest.

“Achieving gender justice is not the responsibility of women alone. It requires an active reimagining of power by men, especially those who occupy positions of authority in our institutions, workplaces, and political systems. Real progress will come only when men recognize that sharing power is not an act of loss, but of liberation of society. The path to a gender-equal India lies not in confrontation but in collaboration, where men and women together rebuild the moral and institutional architecture of equality envisioned by our Constitution,” he said.

He emphasised that the struggle for equality will remain incomplete unless men consciously become allies in social transformation. “Gender justice is not about replacing one hierarchy with another; it is about redefining power itself as shared responsibility,” the CJI observed.

Tracing India's Constitutional Journey Toward Gender Equality

In his lecture, CJI Gavai traced India's journey toward gender justice through three historical phases, from the foundational years of the Constitution to the contemporary era of inclusion.

1950 to 1975: Laying the Foundations

He noted that the framers of the Constitution had an acute understanding of India's deep social inequalities and consciously embedded gender equality within the constitutional structure. Articles 14, 15, and 16 guaranteed equality before law and equal opportunity, while Article 15(3) empowered the State to make special provisions for women and children.

CJI Gavai said early laws such as the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and the Dowry Prohibition Act, 1961 were moral as much as legal reforms. “These reforms were not just legal changes, but moral revolutions; they moved women from the margins of dependency to the centre of citizenship,” he said.

1975 to 2000: From Formal Equality to Dignity and Autonomy

The second phase, he said, saw equality being redefined as dignity and bodily autonomy. He referred to the Supreme Court's ruling in the Mathura rape case (1979) as a “moment of institutional embarrassment,” which, despite being a failure of justice, became a catalyst for reform through the outrage it sparked.

CJI Gavai cited landmark judgments such as Air India v. Nergesh Meerza (1981) and Mary Roy v. State of Kerala (1986) that expanded gender rights, and Vishaka v. State of Rajasthan (1997), which introduced workplace harassment guidelines based on international conventions. These developments, he said, “marked the judiciary's recognition that women's rights are not confined to domestic statutes but are part of a universal struggle for human dignity.”

2000 to 2025: Broadening the Idea of Equality

The Chief Justice said the contemporary period has seen gender equality expand to include safety, representation, and reproductive and queer rights. He highlighted the Protection of Women from Domestic Violence Act, 2005, the Criminal Law (Amendment) Act, 2013, and the Maternity Benefit (Amendment) Act, 2017 as critical milestones.

He also cited landmark rulings such as NALSA v. Union of India (2014), Navtej Johar v. Union of India (2018), and X v. Principal Secretary, Health Department, Delhi (2022), which reaffirmed that equality extends to gender identity, sexual orientation, and reproductive autonomy. “The right to reproductive choice,” he said, “is an inseparable part of personal liberty and bodily autonomy under Article 21.”

'Equality Must Reach Every Woman'

CJI Gavai stressed that equality cannot be confined to token representation or elite spaces. “Equality must not be confined to numbers or appearances; it must be reflected in the structures, attitudes, and institutions that shape our public and private lives,” he said.

He called for ensuring that the benefits of education, legal rights, and opportunity reach women in smaller towns, villages, and marginalised communities. “True equality demands that the rights guaranteed by our Constitution reach every woman, not just those in privileged contexts, but those living at the edges of justice,” he asserted.

Remembering Justice Sunanda Bhandare

In his address, CJI Gavai paid tribute to Justice Sunanda Bhandare, describing her as “a symbol of courage, compassion, and commitment to justice.” He recalled that Justice Bhandare, one of the earliest women advocates before the Supreme Court and later a judge of the Delhi High Court, used law as a tool for social transformation rather than privilege.

Her courtroom, he said, was affectionately known as the “Mother Bench” because of her kindness and guidance to young lawyers. Despite battling illness, she authored a landmark 78-page judgment protecting the rights of Army personnel against arbitrary dismissal shortly before her passing.

CJI Gavai drew parallels between Justice Bhandare and U.S. Supreme Court Justice Ruth Bader Ginsburg, saying both combined “deep legal insight with an unwavering commitment to equality.”

Her legacy, he noted, continues through her daughter, advocate Manali Singhal, and granddaughter, advocate Shreya Singhal, who successfully challenged Section 66A of the IT Act in the Supreme Court, reaffirming the freedom of speech.

Justice Sunanda Bhandare's life reminds us that the pursuit of gender equality is not only a legal enterprise but a moral one, a duty that requires empathy, courage, and collective resolve, CJI Gavai said, concluding that her example continues to inspire the judiciary's mission to build a more inclusive and equitable India.

The event was attended by Justice D.K. Upadhyaya, Chief Justice of the Delhi High Court, Justice Madan B. Lokur, President of the Sunanda Bhandare Trust and former Supreme Court judge, Justice Prasanna B. Varale, sitting Supreme Court Judge, Members of Parliament Prafull Patel and Anand Sharma, former Attorney General Mukul Rohatgi, Delhi High Court Bar Association President Hariharan, Supreme Court Bar Association Secretary Pragya Bhagel, office bearers of the Delhi High Court Bar Association, SCBA and SCAORA, senior advocates from the Supreme Court and the High Court, and family members of the late Justice Sunanda Bhandare including Rahul and Manali.

The event can be watched here.