Shikha Sharma

Registration ID: IJNRD_322530

Published ID: IJNRDL001035

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Shikha Sharma

Intersectionality; Gender Justice; Protective Discrimination; Gender-Neutral Laws; Constitutional Equality.

This article is a critical analysis of the relevance of women-focused protective laws in the contemporary Indian society considering those made under the concept of intersectionality and constitutional justice. It states that gender inequality in India cannot be interpreted only through the lens of gender but women experience is influenced by a combination of caste, class, religion, disability, and region hierarchies. Relying on the theory of intersectionality, the paper shows that structural discrimination is manifested on various levels and requires legal efforts that extend beyond official equality. The constitutional provisions, especially Articles 14, 15, 16, and 21 are examined in the context of demonstrating both the compatibility and compatibility of equality and protective discrimination as principles rather than contradictions. The paper also assesses how the judiciary has transformed in broadening the rights of women such as the right to workplace safety, reproductive freedom, and family respect. Historical judicial interpretations have enhanced substantive equality which transforms constitutional guarantees into legal protections. Simultaneously, the work interacts with the recent discussions regarding the supposed abuse of the laws that are supposed to empower women like Section 498A IPC. Although the courts have recognized some cases of procedural abuse, the article claims that the cases fail to deny the structural realities of gender-based violence. There is a critical evaluation of increasing discussion on gender-neutral laws. Neutrality fosters inclusivity and acknowledgment of male and transgender victims, but the article warns of sudden changes in favor of the formal equality which can undermine the vital safeguards in a society that remains patriarchal in nature. It finds that the way forward is, not to give the protective discrimination up but to make it more implementation-focused, to enhance procedure protection, and to implement intersection-sensitive reforms. Genuine gender justice is about being fair and protecting but observant to social circumstances.

Published Paper   E-Certificate

Shikha Sharma (March-2026). Shikha Sharma. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(3), 304-323. https://ijnrd.org/papers/IJNRDL001035.pdf

Volume 11 Issue 3, March-2026

Pages : 304-323

Paper Reg. ID: IJNRD_322530

Published Paper Id: IJNRDL001035

Research Area: Other area not in list

Author Type: Indian Author

Country: -, -, India

Published Paper PDF: https://ijnrd.org/papers/IJNRDL001035.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRDL001035

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

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