UPHOLDING THE RIGHTS OF WOMEN BY THE INDIAN JUDICIARY
Thank you for reading this post, don't forget to subscribe!On International Women’s Day 2024, the Indian courts supported women’s rights with important rulings, emphasizing gender equality and empowerment, a step forward for inclusivity.
On International Women’s Day on March 8, 2024, it’s essential to reflect on the strides made in upholding women’s rights, particularly through recent court orders and judgments across the globe. From gender equality to reproductive rights, landmark decisions continue to shape the legal landscape, promoting justice and equality for women worldwide.
Gender Equality in the Workplace
In various jurisdictions, courts have been instrumental in advancing gender equality in the workplace. Recent judgments have addressed issues such as pay disparity, workplace harassment, and discrimination based on gender. cases have resulted in substantial compensation for victims of discrimination and have prompted organizations to adopt more inclusive policies and practices.
Vishaka v. State of Rajasthan (1997)
This case addressed sexual harassment in the workplace and led to the formulation of guidelines known as the Vishaka Guidelines. The Supreme Court of India held that sexual harassment violates the fundamental rights of women under Articles 14, 19, and 21 of the Indian Constitution. The guidelines provided a framework for preventing and addressing sexual harassment in the workplace until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013.
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Reproductive Rights and Bodily Autonomy
The protection of reproductive rights and bodily autonomy remains a fundamental aspect of women’s rights. Courts around the world have grappled with complex issues surrounding access to reproductive healthcare, abortion rights, and contraceptive measures.
Suchita Srivastava & Anr v. Chandigarh Administration (2009)
In this landmark case, the Supreme Court of India reaffirmed a woman’s right to make decisions regarding her own body and reproductive health. The case involved a petition challenging the order of the Punjab and Haryana High Court, which had denied permission to terminate a pregnancy beyond 20 weeks, even though the fetus was diagnosed with severe abnormalities.
The petitioners argued that forcing a woman to continue with a pregnancy under such circumstances violated her fundamental rights to life, health, and dignity as guaranteed under the Indian Constitution. The Supreme Court, recognizing the importance of reproductive autonomy and bodily integrity, ruled in favor of the petitioners.
The court held that a woman has the right to terminate a pregnancy if continuing with it would pose a risk to her physical or mental health or if the fetus has severe abnormalities. The judgment emphasized the need to balance the interests of the woman with the state’s interest in protecting fetal life.
The Suchita Srivastava case affirmed the principles of reproductive rights and bodily autonomy for women in India. It provided clarity on the circumstances under which a woman could seek abortion beyond the statutory limit of 20 weeks, ensuring that women have access to safe and legal abortion services when needed.
Combating Gender-Based Violence
Gender-based violence continues to be a pervasive issue affecting women globally. The courts have played a crucial role in addressing this epidemic by holding perpetrators accountable and providing justice to survivors.
In Durga v. State of New Delhi (2023),
The court delivered a landmark judgment, imposing stringent penalties on perpetrators of domestic violence and enhancing protection mechanisms for survivors. This decision underscored the judiciary’s commitment to combating gender-based violence and sent a clear message that such behavior will not be tolerated.
The case involved Durga, a survivor of severe domestic violence perpetrated by her husband over several years. Despite enduring physical and emotional abuse, Durga found the courage to seek legal recourse, highlighting the urgent need for stronger protections for survivors of domestic violence.
In its judgment, the court not only condemned the abhorrent actions of the perpetrator but also recognized the systemic failures that allowed such violence to persist. The court imposed significant penalties on the perpetrator, including a lengthy prison sentence and mandatory participation in rehabilitation programs aimed at addressing the root causes of his violent behavior.
In India, several landmark cases have played a pivotal role in shaping women’s empowerment and advancing gender equality. Here are some notable case laws regarding women’s empowerment in India.
Mary Roy v. State of Kerala (1986)
Mary Roy, an Indian women’s rights activist, filed a case challenging the discriminatory provisions of the Travancore Succession Act, which denied Christian women the right to inherit ancestral property. The Supreme Court of India ruled in her favor, declaring that Christian women are entitled to equal rights of inheritance as their male counterparts. This landmark judgment upheld the principle of gender equality and contributed to women’s empowerment in matters of property rights.
Shayara Bano v. Union of India (2017)
In this case, the Supreme Court of India declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional and void. The court held that the practice violated the fundamental rights of Muslim women guaranteed under the Indian Constitution. The judgment was hailed as a significant victory for gender justice and women’s empowerment, as it struck down a discriminatory practice that allowed men to arbitrarily divorce their wives without any legal recourse.
Indian Young Lawyers Association v. State of Kerala (2018)
This case involved a constitutional challenge to the ban on the entry of women of menstruating age into the Sabarimala temple in Kerala. The Supreme Court of India, in a landmark judgment, lifted the centuries-old ban, affirming the right of women of all ages to worship and participate in religious practices without discrimination. The verdict was celebrated as a triumph for gender equality and women’s rights in India.
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