Abstract
The authors explore the approaches that have been adopted by the Supreme Court and High Courts in constitutional cases on sex discrimination. In turning specifically to the issue of sex discrimination, Kapur and Cossman review three different approaches to gender difference protectionist, sameness and corrective. They argue that the judicial approach to sex discrimination remains overly influenced by the formal understanding of equality, with only a few exceptions adopting a substantive approach to equality. Kapur and Cossman argue that women's equality rights will be best promoted by a substantive approach to equality, that allows for both a sameness and corrective approach to gender difference. (Editor’s abstract.)
Recommended Citation
Kapoor, Ratna and Cossman, Brenda
(1993)
"On Women, Equality and the Constitution: Through the Looking Glass of Feminism,"
National Law School Journal: Vol. 5:
Iss.
1, Article 1.
Available at:
https://repository.nls.ac.in/nlsj/vol5/iss1/1