Dakshayani Velayudhan Digital Archive
for Constitutionalism and Gender Rights
Judicial intervention has played a crucial role in imparting gender justice in India. Over the years, Indian courts have delivered judgments and made legal interventions to address issues related to gender inequality, discrimination, and violence against women. Here are some notable instances of judicial intervention in promoting gender justice. These judicial interventions reflect a commitment to upholding constitutional values and promoting gender justice. It is important to note that while legal rulings are essential, the effective implementation of laws and changing societal attitudes require a comprehensive approach involving legislative reforms, awareness campaigns, and community engagement. Judicial decisions often act as catalysts for broader social change, influencing policy reforms and fostering a culture of gender equality in India. Here we explore landmark judicial decisions contributed to feminist jurisprudence and gender justice in India
-
Laxmi v Union of India
In the case of Laxmi v. Union of India, the Supreme Court of India addressed the issue of acid attacks and the insufficiency of legal mechanisms to prevent such crimes and provide justice to the victims. Supreme Court, in this decision, acknowledged the severity and disturbing impact of acid attacks on victims, particularly women, and…
-
LILLU @ RAJESH AND ANR V. STATE OF HARYANA
The traumatic practise of two-finger test of rape survivor was held to be violative of victim’s privacy, mental integrity and dignity. The test seems to have no scientific basis and tends to re-traumatize the victim. The test was conducted to check the previous sexual experience of the woman cannot be made as a conclusive proof…
-
MARY ROY & ORS V STATE OF KERALA & ORS
India has been a patriarchal society where women faced various challenges in realization of their rights in par with that of men. One such grey area was the property rights of Christian women. This case has made it through thick and thin for acquiring the right of daughters in the property of their father. Long…
-
MOHMMED AHMED KHAN V SHAH BANO BEEGUM
A landmark judgment in the realm of maintenance and Triple Talaq in India. It is the crowning glory in the path of achieving the rights and freedom of Muslim women. The apex court has departed from the traditional notion of Muslim personal Law so as to endow gender justice to the Muslim women in the…
-
NIPUN SAXENA V UNION OF INDIA
The social attitude towards the rape victims were the subject of the case. History reveals a fashion of discrimination against women due to the male dominance in the society. It is indeed ironic to understand that we stand for their empowerment in one way and humiliate and shun away when they should be supported as…
-
SAKSHI V. UNION OF INDIA
This is a landmark judgment in the rape law reforms which directed for a victim friendly environment in the trial procedures of rape cases and provided the responsibilities of the police and the judiciary in handling the cases. The case was the result of lack of assistance rendered to the victims of sexual violence upon…
-
SARALA MUDGAL V UNION OF INDIA
An act which is recognised by the law as an offence cannot be committed within the society. Bigamy is such an act. Though bigamy is considered an offence in India, it is legal under the Muslim personal law to maintain up to four wives. In India, marriage and divorce are governed by the personal laws.…
-
Secretary, Ministry of Defence v. Babita Puniya
In the case of Secretary, Ministry of Defence v. Babita Puniya, the Supreme Court of India addressed the issue of gender discrimination within the defence service. The case was regarding the denial of permanent commission and pension benefits to women officers in the Indian Army’s Short Service Commission scheme. The Supreme Court decided in favour…
-
SHAYARA BANO V UNION OF INDIA AND OTHERS
This case is a glaring example of discrimination towards the Muslim women in the name of divorce that is titled as ‘triple talaq’ or talaq-e-biddat. Divorcing a wife by irrevocable pronouncement by the husband is the essence. Such practices are gender biased and arbitrary in nature and many women were victimised in the name of…
-
SUCHITA SRIVASTAVA V CHANDIGARH ADMINISTRATION
The court has decided on reproductive autonomy of disabled women in this case. Reproductive autonomy of women was considered to form the facet of Right to life and Personal Liberty by widening the scope of Article 21 of Indian Constitution. It includes the right to procreate and not to procreate. Forcing a woman to continue…