In the vibrant tapestry of India's legal landscape,
Constitutional Courts stand tall as stalwart guardians of justice and equality.
Among their many endeavors, one profound aspect shines brightly- their
unwavering commitment to upholding gender equality. Like luminous beacons,
these courts have rendered landmark judgments, crafting the path towards
empowerment and emancipation for women across the nation. With resolute fervor,
they have challenged discriminatory practices, shattered the shackles of
antiquated norms, and championed the fundamental rights of women. With each resolute
verdict, Constitutional Courts have etched their mark on the canvas of gender
justice, shaping a brighter, more equitable future for all.
1. Right to Enter Religious Places:
Sabarimala Temple Entry Case (2018): As mentioned earlier, in this case, the
Supreme Court held that the practice of barring women of menstruating age from
entering the Sabarimala temple in Kerala was unconstitutional and
discriminatory. The judgment affirmed women's right to access religious places
without discrimination.
- Right to Marriage of Choice:
Shafin
Jahan v. Ashokan K.M. & Ors. (2018): In this case, the Supreme Court upheld
the right of an adult woman to choose her life partner and marry by her own
choice. The Court invalidated the annulment of the marriage of Hadiya (formerly
Akhila Ashokan) by her parents, asserting that an adult woman's consent in
choosing her spouse must be respected. The Court ruled that the consent of
adult individuals in a marriage is of paramount importance and that the
judiciary should not interfere unless there are compelling reasons to believe
that the choice is not voluntary or is a result of coercion.
- Right to Permanent Commission in Armed Forces:
(Union
of India v. Lt. Cdr. Annie Nagaraja, 2020): The Supreme Court, in this
judgment, granted permanent commission to women officers in the Indian Navy, on
par with their male counterparts. The Court held that the denial of permanent
commission to women was discriminatory and against the principles of equality
enshrined in the Constitution. This decision paved the way for women to have
equal opportunities and career prospects in the Indian Armed Forces.
Ministry of Defence v. Babita Puniya & Ors. (2020): In this case, the
Supreme Court ruled that women officers in the Indian Army are entitled to
permanent commission on par with male officers. The judgment upheld gender
equality in the armed forces, ensuring equal opportunities for women in the
military.
Women's Entry into NDA - Supreme
Court (2020): The Supreme Court upheld the right of women to be granted permanent
commission in the Indian Army, including their entry into the National Defence
Academy (NDA). The judgment recognized that women should have equal
opportunities in the armed forces and paved the way for their increased
participation.
- Sexual Harassment at Workplace:
Vishakha v. State of Rajasthan (1997): As previously mentioned, the Supreme
Court, in this landmark case, laid down guidelines to prevent sexual harassment
at workplaces. The Court recognized that gender-based violence at the workplace
violates women's fundamental rights and directed the establishment of
mechanisms to address such issues.
- Inheritance Rights:
Prakash
& Ors. v. Phulavati & Ors. (2016): In this case, the Supreme Court
interpreted the Hindu Succession (Amendment) Act, 2005, and clarified that the
2005 amendment applies retrospectively. The Court held that daughters who were
alive on the date of the amendment had equal rights to inherit ancestral property,
regardless of whether the father was alive or not on that date.
Danamma
@ Suman Surpur v. Amar (2018): This judgment clarified the inheritance rights
of daughters in Hindu Undivided Families (HUFs) and held that the 2005
amendment to the Hindu Succession Act applies retrospectively, granting
daughters equal rights to ancestral property. This judgment was a significant
step in promoting gender equality in inheritance laws.
Vineeta
Sharma v. Rakesh Sharma (2020): In this case, the Supreme Court held that
daughters have coparcenary rights by birth in a Hindu Undivided Family (HUF)
and that the 2005 amendment to the Hindu Succession Act applies
retrospectively. The Court ruled that daughters have the same rights as sons in
the ancestral property of the HUF, even if the father had died before the
amendment came into effect. This judgment further strengthened the inheritance
rights of daughters in Hindu families.
Satya
Pal Anand v. State of M.P. & Ors. (2020): This case dealt with the issue of whether a widow could
be deprived of her inheritance rights if she remarried. The Supreme Court held
that a widow's remarriage would not result in the forfeiture of her right to
inherit the property of her deceased husband. The Court emphasized that the
right of inheritance is a statutory right and should not be taken away due to
remarriage.
6.
Right
to Consent and Choice in Marital Relations
(Independent
Thought v. Union of India, 2017):
The
Supreme Court, in this case, ruled that sexual intercourse with a minor wife,
even within a marital relationship, is considered rape under the Protection of
Children from Sexual Offences (POCSO) Act. The Court recognized that the right
to consent and bodily autonomy applies to women, irrespective of their marital
status or age, and that child marriages cannot be used as a defense against
criminal liability.
7. TRIPLE
TALAQ
Shayara Bano v. Union of India (2017) - Supreme Court: In this case, the
Supreme Court declared the practice of triple talaq among Muslims as
unconstitutional and void. The Court held that the practice violated the
fundamental rights of Muslim women, including the right to equality and
non-discrimination. The judgment emphasized that triple talaq was arbitrary and
denied women their right to dignity and autonomy in marriage.
8.
REPRODUCTIVE
RIGHTS OF WOMEN
Suchita Srivastava v. Chandigarh Administration (2010) - Supreme Court: In
this case, the Supreme Court addressed the issue of reproductive rights of
women. The Court upheld a woman's right to make decisions about her body and
ruled that a woman's consent is essential for any medical procedure, including
sterilization.
9.
RIGHT TO
MAINTENANCE AFTER DIVORCE
State of Maharashtra v. Madhukar Narayan Mardikar (1991) - Supreme Court:
In this judgment, the Supreme Court held that a woman's right to maintenance
under Section 125 of the Code of Criminal Procedure (CrPC) is not limited to
her marital home and extends even after divorce.
10.
RIGHT TO PRIVACY
Justice K.S. Puttaswamy (Retd.) v. Union of India - Supreme Court (2017):
In this case, the Supreme Court declared the right to privacy as a fundamental
right under the Indian Constitution. The judgment recognized the right to
privacy as essential for safeguarding personal autonomy, dignity, and freedom
of individuals, including women.
11.
CURBING HONOUR
KILLINGS
Shakti Vahini v. Union of India - Supreme Court (2018): In this case, the
Supreme Court addressed the issue of "honour killings" and ordered
the central and state governments to take preventive, remedial, and punitive
measures to curb this heinous practice. The Court emphasized that honour
killings violated the right to life and personal liberty, especially for women
who chose to marry outside their caste or religion.
12.
Madras High Court:
Inheritance rights of Christian women in Kerala
Mary Roy v. State of Kerala (1986): In this case, the Madras High Court
ruled that Christian women in Kerala are entitled to an equal share of
ancestral property as men, overturning the discriminatory provisions of the
Indian Succession Act. The judgment was a significant step in promoting gender
equality in inheritance laws.
13.
INHERITANCE RIGHTS OF MUSLIM WOMEN
Bushara Ali vs Irfan Ahammed and ors
A plea has been filed before
the Supreme Court claiming that partition of property as per Muslim personal
law provisions is discriminatory towards women, since they are entitled to only
half the share of property in comparison to what men get during intestate succession.
In the
realm of gender equality, Constitutional Courts have emerged as formidable
champions, fighting for the rights and dignity of women in every facet of life.
Their visionary judgments have shattered glass ceilings and lit the path
towards a more just and inclusive society. As the guardians of gender equality,
these courts have exemplified the true essence of justice - blind to gender,
resolute in principle, and unwavering in their commitment to progress. With
their guiding hand, the scales of justice have tipped towards a world where
women's rights are not just protected, but celebrated. Let us celebrate the
profound impact of these courts, and together, march towards a future where
equality knows no bounds, and every voice finds its rightful place in the
symphony of change.
