ONE CONSTITUTION, DIFFERENT LAWS: THE DEBATE OVER GENDER-SPECIFIC LEGISLATION

Although everyone is guarantee of equal protection under the Constitution, numerous laws discriminate against persons based on their gender. This raises a crucial legal question: When does gender-specific law become discriminatory, and when is it necessary? This argument is important because certain legislation may unintentionally reinforce old gender stereotypes, while others correct historical inequalities. This article looks at: How gender equality is addressed in the Constitution. Arguments in favour of and against laws that are gender-specific. Challenging problems with work, criminal justice, healthcare, inheritance, and military duty. Whether disparate legal treatment may foster true equality or result in an unjust and divided legal system is the main question.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-26
DOI
https://doi.org/10.5281/zenodo.23662558
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00
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article

ONE CONSTITUTION, DIFFERENT LAWS: THE DEBATE OVER GENDER-SPECIFIC LEGISLATION

Ujjayani Debnath
Zenodo (CERN European Organization for Nuclear Research)
Discrimination and Equality Law
article

ONE CONSTITUTION, DIFFERENT LAWS: THE DEBATE OVER GENDER-SPECIFIC LEGISLATION

Ujjayani Debnath
article en

Abstract

Although everyone is guarantee of equal protection under the Constitution, numerous laws discriminate against persons based on their gender. This raises a crucial legal question: When does gender-specific law become discriminatory, and when is it necessary? This argument is important because certain legislation may unintentionally reinforce old gender stereotypes, while others correct historical inequalities. This article looks at: How gender equality is addressed in the Constitution. Arguments in favour of and against laws that are gender-specific. Challenging problems with work, criminal justice, healthcare, inheritance, and military duty. Whether disparate legal treatment may foster true equality or result in an unjust and divided legal system is the main question.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 3%
Discrimination and Equality Law
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