'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 EqualityIn 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 FoundationsHe 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 AutonomyThe 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 EqualityThe Chief Justice said the contemporary period has seen gender equality expand to include safety, representation,...

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

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Whenever judicial interpretations faltered, the vigilance of civil societies kept judiciary accountable, CJI said.

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