Constitutional Courts as Guardian of Gender Equality

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.

2. 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.

 

3. 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.

 

4. 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.

5. 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.