International Law beyond Dualist Constraints: A Study of Gender Justice Jurisprudence in India

Document Type

Research Article

Abstract

The Supreme Court of India has advanced gender justice by incorporating international law into its jurisprudence. The court has frequently relied on international treaties, conventions, and soft laws to bridge gaps in domestic law, particularly in gender equality, workplace rights, reproductive rights, and transgender rights. India's dualist constitutional approach requires international law to be transformed into domestic legislation before it is applied. However, the Supreme Court has often directly incorporated international legal principles to interpret and expand constitutional rights relating to gender. This article examines the Supreme Court's use of international law in cases concerning workplace sexual harassment, transgender rights, and reproductive rights. These cases highlight how the judiciary has adopted international human rights instruments to uphold gender justice and challenge discriminatory laws and practices. This article argues that, while India remains formally dualist, the Supreme Court has adopted a selective, strategic approach to international law to advance gender jurisprudence, particularly during a legislative vacuum. This practice reflects a functional monism, though constrained by constitutional limitations, institutional concerns, and inconsistent judicial application.

Publication Date

9-2-2026

Journal

Australian Journal of Asian Law

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