Supreme Court Justice Surya Kant highlights the transformation of Indian family law, emphasizing that marriage must move beyond patriarchal norms to embrace dignity, equality, and partnership for both partners. A step toward gender justice in law.
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NEW DELHI: At a seminar jointly organised by the Delhi Women Lawyers Association and the Delhi Family Lawyers Association, Supreme Court Justice Surya Kant delivered a powerful address on the evolution of family law in India and its role in strengthening women’s rights. He emphasized that the legal system is moving from a paternalistic understanding of marriage to one based on “dignity, equality, and partnership.”
Justice Surya Kant began by highlighting the unique nature of family law, stating:
“Family law perhaps more than any other branch of private law exists at the intersection of emotion, morality and justice.”
Often perceived narrowly as being about divorce, he explained that it is actually one of the most complex and socially significant areas of legal practice, reflecting both “our cultural ethos and constitutional values.”
Justice Kant traced how, historically, marriage has been “misused as an instrument of subjugation against women.” But contemporary reforms are gradually transforming marriage into “a pious partnership grounded in dignity, mutual respect and constitutional values of equality.”
He noted the judiciary’s consistent efforts in recognizing gender equality, particularly under the Hindu Marriage Act, 1955, where judicial interpretation has ensured that “equality became the standard in family relationships.” Similarly, the Muslim Women (Protection of Rights on Divorce) Act, 1986, following the landmark Shah Bano Begum case, affirmed “a divorced Muslim woman’s right to maintenance.”
Justice Kant also highlighted key statutory reforms:
- Dowry Prohibition Act, 1961
- Protection of Women from Domestic Violence Act, 2005
He noted that these laws, when “enforced by transformative judicial interpretation,” have shifted the perception of women from being dependents to “equal stakeholders entitled to autonomy and protection.”
The Supreme Court has been central to this transformation. Justice Kant stated:
“The Supreme Court has made significant strides by mandating the registration of marriage irrespective of religion to keep a check on child marriages, prevent marriages without consent, check bigamy or polygamy, enable women’s right to maintenance, inheritance and residence, and deter desertion and possible exploitation of young women.”
He also highlighted landmark judicial decisions such as Shah Bano Begum and the striking down of triple talaq, saying these cases “reaffirmed constitutional equality and redefined family law as a progressive instrument of women’s empowerment.”
Justice Kant underlined that family law has also embraced reproductive rights, asserting:
“Even in the realm of reproductive rights, the Supreme Court has unequivocally respected a woman’s right to make reproductive choices as a dimension of personal liberty.”
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Reflecting on global trends, he mentioned England’s approach:
“In England, the principle of fairness and equality governs financial remedies after divorce, as laid down in Miller v. Miller and White v. White. In India, judicial interpretation of maintenance, property, and custody rights has similarly evolved to align with constitutional ideals of gender justice.”
Justice Kant also addressed cross-border matrimonial disputes, stressing the protection of vulnerable women and children. He shared a poignant case:
“I had adjudicated custody of a 22-year-old son with cognitive disability, granting it to his mother residing in the United States because the arrangement was in the young man’s welfare.”
Closing his address, Justice Kant invoked a powerful principle:
“Law must be a social engineer responding to the felt necessities of the time and the silent cry of the weak.”
He emphasized that family law is “an evolving body of jurisprudence that is empathetic without being paternalistic, principled without being rigid.” It is a living instrument that must grow with society and reflect our collective commitment to justice, equality, and compassion.