Judiciary can be a powerful agent of social change when it works without gender bias and supports gender equality, as its pronouncements carry the backing of the State and may thus be enforced or become a norm across a broad range of citizens through established channels of state-citizen engagement. In India, the judiciary has made immense contribution by acting as a change agent for gender equality. The Supreme Court of India has responded to the issue of gender justice in a positive manner. Through Public Interest Litigation (PIL) mechanism, the Indian Supreme Court is well poised in terms of its constitutional and procedural powers to redress violations against women who would otherwise have little or no access to the justice system. Some of the recent decisions given by the apex court significantly advance the cause and the dignity of women. However, there are significant limitations to the PIL mechanism and some broader challenges in enforcing gender equality in a patriarchal society in which women are not sufficiently politically mobilized. Against this background, this paper attempts to examine the performance of Indian judiciary’s PIL mechanism as a catalyst of change for gender justice.

The judiciary or courts in any country can be powerful agents for social change when they work without gender bias and support gender equality, as their pronouncements carry the backing of the State and may thus be enforced or become a norm for a broad range of citizens through established channels of state-citizen engagement. As a result, although only a small percentage of people directly use courts in any country, the influence a court can exert goes beyond those who come into direct contact with them. The judiciary may by itself be the driver of gender-progressive change, or it can be a tool of the State in bringing about change. In India, the judiciary has made immense contribution by acting as a change agent of gender equality. The Supreme Court of India has responded to the issue of gender justice in a positive manner. It has made a determined bid to assuage women’s grievances against discrimination by upholding their constitutional and legal rights. Through Public Interest Litigation (PIL) mechanism, the Indian Supreme Court is well poised in terms of its constitutional and procedural powers to redress violations against women who would otherwise have little or no access to the justice system. Some of the recent decisions given by the apex court significantly advance the cause and dignity of women. However, there are significant limitations to PIL mechanism and some broader challenges in enforcing gender equality in a patriarchal society in which women are not sufficiently politically mobilized. This paper attempts to examine the performance of Indian judiciary’s PIL mechanism as a catalyst of change for gender justice.

Law Review Journal, Judiciary, Agent for Gender Justice, A Study of PIL Cases, India, Public Interest Litigation (PIL), Public Interest Litigation (PIL), Legal Framework, Constitutional Provisions.