Gender discrimination in promotions violates Articles 14, 15, 16, and 21 of the Constitution, establishing the right to be considered for promotion as a fundamental right.

ORDER :

Anoop Kumar Dhand, J.

For convenience of exposition, this judgment is divided in the following parts:-

“Equality Knows No Gender. We cannot all succeed when half of us are held back.

Prelude:-

1. The 21^st century has seen a global rise in women empowerment movements. The Universal Declaration of Human Rights, established in 1948, reaffirms the belief in the fundamental rights and equal dignity of all individuals, emphasizing freedom without any form of discrimination, including based on sex.

2. In the contemporary epoch, the discourse surrounding women’s empowerment and gender equality has transcended from mere rhetoric to a dynamic movement that has gained momentum across the globe. Women empowerment, at its core, refers to the process of enabling women to exercise their rights, make autonomous decisions and partake fully in the socio-political, economic and cultural spheres of life. It is a multi-dimensional concept that encompasses the dismantling of structural impediments that stifle women’s potential and promotion of policies that enable their holistic growth. The global rise in gender equality reflects a paradigm shift towards recognizing women as equal stakeholders in the pursuit of prosperity, peace and sustainable development.

3. In response to these principles, the Indian Constitution, adopted in 1950, enshrines several fundamental rights that aim to protect and promote gender equality. The framers of the Constitution were acutely aware of the historical discrimination faced by women and thus, laid down provisions to ensure their upliftment. A comprehensive reading of Articles 14, 15, 16 and 21 of the Constitution of India clearly indicates that no laws can be created or enforced so as to cause discrimination against women. Though aspirational at the time of their drafting, such laws have paved the way for transformative changes in womens’ rights over the decades. The legislature has enacted numerous laws aimed at achieving gender equality, fulfilling both international obligations and constitutional mandates.

4. Article 14 under Constitution of India, guarantees the Right to Equality for Women, while Article 15(1) specifically prohibits discrimination based on sex. Furthermore, Article 15(3) allows for positive and affirmative action to benefit women. Article 16 ensures equal opportunities in public employment and forbids discrimination on various grounds including sex. Our obligation to reject practices that undermine women's dignity is elevated to a fundamental duty under Article 51-A. The Directive Principles of State Policy (Part IV of the Indian Constitution), although non- justiciable (i.e., they are not enforceable in a Court of law), provides essential guidelines to the government in promoting social and economic equality and further provides direction to the State to protect women human rights, including equal pay for equal work, health rights and maternity benefits. The 73^rd and 74^th Constitutional Amendments Act, enacted in the year 1993, marked a significant advancement in women participation in governance by providing 33% reservation for women at various levels.

5. Throughout history, women have played a vital role in nation-building, yet they have often faced barriers to equal participation in socio-economic activities. Gender bias has impacted many aspects of their lives. To address this, the Constitution of India takes significant steps to ensure gender justice as a fundamental principle. The Preamble promises justice —social, economic, and political—along with equality of status and opportunity and fraternity that upholds individual dignity. It explicitly recognizes women as a distinct group and prohibits all forms of discrimination against them, paving the way for equal opportunities in education, employment and advancement.

6. Furt