The Constitution of India has been criticized for not adequately attending to gender justice. The primary evidence for this charge is that the Constitution appears to have glossed over important issues of gender justice, particularly within the family.

A specific example of this neglect is the unequal rights to women regarding family property and children. While the Constitution granted fundamental rights and equality, it did not adequately address systemic discrimination women face in family matters.

The Constitution makers recognized that mere granting of right to equality was not enough to overcome age-old injustices, as seen in special constitutional measures like reservations for Scheduled Castes and Scheduled Tribes. However, similar proactive measures were not extended to address gender-based discrimination.

If I were writing the Constitution today, I would recommend provisions ensuring equal rights for women in family property and inheritance. The Constitution should include specific guarantees for women's rights within the family, similar to protections provided for marginalized communities. Additionally, provisions addressing the treatment of widows should be incorporated as enforceable rights.

This would make gender justice an integral part of the Constitution, protecting women's rights in both public and private spheres.