Navratri is an auspicious festival recognized and celebrated
all across India. It
stands for ‘nav’ meaning nine, ‘ra’ means night, and ‘tri’ means three aspects
of mind, body and soul. The said festival is devoted to Goddess Durga as
Kali, Lakshmi and Saraswati, and it pays tribute to the feminine energy that
persists and emanates across the globe. It is believed that the power of
abundance, knowledge and destruction resides as the feminine power to attain
victory over the ills of the universe and within yourself.
In Hindu mythology, the status of women and feminine energy
has been given immense importance and recognition. The role of Goddess Durga
represents victory over the devil. But unfortunately, with the evolution of
time, society has forgotten the inmate nature of females and their ability to
do good in society. Women as gender were oppressed under the devil of a
patriarchal society devoid of equal status, equal rights and equal
opportunities in every aspect of life, be it a decision-making power or a
promotion in a job. Though extreme oppression is not prevalent in the 21st
century, it still exists in stratified societies among the poor.
Hence, to secure women in society from extreme oppression,
the Constitution-Markers of our country included various provisions in the
Indian Constitution, protecting the rights of women. The rights that can be
enforced by the oppressed women to attain victory over evil with the help of
the Judiciary.
The Indian Judiciary has passed various judgments and orders
to recognize the equal rights of females over time. Therefore, in the festive
season of Navratri, it becomes essential to look back at the judgments that
recognize the status of women in modern society.
WOMEN’s RIGHTS ENSHRINED UNDER THE
CONSTITUTION
Since the role of the Judiciary is to enforce the rights
enshrined under our Indian Constitution, it also becomes pertinent to discuss
the provisions in the said Constitution empowering women. The keystone of the
Constitution, i.e., the Preamble, provides that there must be justice, liberty
and equality for all citizens. Here, it is an implicit indication of ensuring
justice, liberty and equality for women as the citizens of the country.
Part III of the Indian Constitution, which provides for the
fundamental rights of woman, are as follows:
Article 14 provides for all persons (including women)
equality before the law and equal protection of the law.
Article 15(1), a general provision, provides that no citizen
shall be discriminated against on the ground of religion, race, caste, sex,
place of birth or any of them. Hence, ensuring no discrimination between men
and women.
Article 15(3) is a specific provision which empowers to make
special provisions in the better interest of the woman and children. This
provision empowers the state to provide for the reservation of women
Also, Article 15(4) empowers the state to create special
arrangements for promotion promoting the interests and welfare of socially and
educationally backward classes of society such as SCs and STs. (Herein,
implicit protection to women of a backward society.), Similarly, Article 16
provides for equal job opportunities in the public sector for a woman.
Similarly, Article 19 and 21 bestows various rights such as
freedom of speech and expression, freedom of choice and right to life and
personal liberty, respectively.
Hence, in case of violation of the said provisions, the
aggrieved woman can knock on the doors of the Court to attain justice.
TRIUMPHANT ROLE OF JUDICIARY
The Indian Judiciary has recognized women to be at par with
men, capable of achieving wonders in the light of equal opportunity. Apart from
equal opportunities, the Judiciary ensures a duty on the state and also itself
to provide protection and safety for women in the patriarchal society.
Hence, below are some landmark and recent judgments of the
Indian Judiciary:
Concerning crimes committed against women, the Supreme Court has been a vigilant protector. The case of Vishaka v. State of Rajasthan[i] recognized the rampant increase of sexual harassment of women in the general and workplace and observed that sexual harassment violates Article 14 and Article 21 of the Indian Constitution. Also, in the absence of legislation protecting women from sexual harassment in the workplace, the Supreme Court passed guidelines for the prevention of sexual harassment. The said guideline and effort of the Judiciary led to the implementation of the Sexual Harassment of Woman at Workplace Act, 2013.
Similarly, to cause a deterrent effect on the acid attacks in the country, the Supreme Court passed a historic judgement of Laxmi v. Union of India,[ii] banned the sale of acid over counters and provided for adequate compensation.
The Supreme Court has not been behind in regard to the equal inheritance of property. The case of Mary Roy v. State of Kerala[iii] recognized the right of Christian women in the inheritance of their parent’s property. The Supreme Court observed that no personal law i.e., the Travancore Succession Act, 1996, can prevail over the right to equality under the Indian Constitution. Similarly, in the case of V. Tulasamma v. Sesha Reddi (Dead) By LR[iv], the Apex Court construed Section 14 of the Hindu Succession Act, 1977, liberally to include Hindu females as the absolute owner of the property. Recently, in the case of Vineeta Sharma v. Rakesh Sharma,[v] The Supreme Court recognized the coparcenary rights of the daughter under the Hindu Succession Act, 1956 and opined that the daughters must be given the same coparcenary right as the son.
The right to choose and marry a man of his own choice was recognized by Article 21 of the Indian Constitution in the case of Lata Singh v. State of Uttar Pradesh[vi] the Court criticized the act of honour killing and the caste system as a hindrance to the development of a nation. Recently, Justice DY Chandrachud took precedence of the said judgement in the case of Shafin Jahan v. Ashokan K.M.[vii] observed that the right to marry a person of one’s choice is integral to Article 21 of the Constitution.
With the increase of the status of women in society, the daughters of the countries are excelling in every field i.e., education or any profession. The Highest Court of India has also been trusted in this aspect due to its various landmark decisions. In the case of Bombay Labour Union v. International Franchise Pvt. Ltd[viii], The Supreme Court, observed that such regulations that terminate a woman employee after her marriage is against the principle of equality. The Supreme Court, in the case of CB Muthamma v. Union of India,[ix] held that the rule that requires prior permission of marriage in case of women and denial of promotion is against the spirit of the Constitution. Also, the retirement at the age of 35 years or pregnancy for women employed as air hostesses was held unconstitutional and violative of Article 14 in Air India v. Margesh Meerza.[x]
Also, in the case of Secretary, Ministry of Defence v. Babita Puniya,[xi] the Supreme Court observed that the absolute exclusion of women from a permanent commission in the Army is against Article 14 of the Constitution and unjustified. It also appealed to the citizens to move beyond “gender stereotypes.” Similarly, in the case of Lt. Col. Nitisha v. Union of India,[xii] the Court recognized indirect gender discrimination persisting in the Indian Army, which is violative of Article 14, Article 15 and Article 16 of the Indian Constitution.
Apart from the above, the Apex Court of India has also upheld the rights of the woman with respect to dignity, pregnancy, abortion and marital rights of woman. In the case of Shayara Bano v. Union of India,[xiii] the Supreme Court struck down the practice of triple talaq as violating Section 14 of the Indian Constitution, providing relief to Muslim women from the arbitral practices of their husbands.
Pregnancy and abortion are the process that affects the female the most, whether physically or emotionally. The same is the view of the apex court in several cases. For instance, the case of Suchita Srivastava v. Chandigarh Administration[xiv] observed that termination of pregnancy could not take place without the consent of the woman, and the choice of the victims must be given utmost importance. Recently, the Supreme Court of India passed a much-applauded judgement in the case of X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi.[xv] The Court observed that all women are entitled to safe and legal abortion, whether married or unmarried. And the said distinction shall be violative of Article 14 of the Indian Constitution. It further opined that rape should include marital rape for the purpose of medical termination of pregnancy act. This makes it clear that pregnancy out of forced sex can be terminated between 20 to 24 weeks of gestation periods.
Apart from the Supreme Court, the High Court across the nation is no more behind in the race. In the case of Aaqil Jamil v. State Uttar Pradesh,[xvi] the Allahabad High Court cited the Supreme Court case, i.e., Voluntary Health Association of Punjab v. Union of India[xvii] and observed that The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 framed are in consonance with the spirit of the Constitution, and it is the means to protect the dignity of woman and female child. Similarly, in the case of Ramesh Chandra Naik v. State of Orissa,[xviii] the Orissa High Court observed female foeticide to be evil to society.
The judgments relating to empowering women are endless, and
the gratitude goes to the Hon’ble Supreme Court, which has interpreted the law
according to the current needs, judges taking a naturalist and socialist
approach at the same time for the betterment of women in society.
CONCLUSION
Empowerment and recognition of women’s potential shall not harm society. Rather, it will make the two different genders equal partners in the course of life. Fortunately, our Indian Judiciary has shaped the lives of women in enormous ways, be it equal opportunities in the workplace or protection from arbitrary practices such as triple talaq, untouchability during the menstruation cycle, inheritance rights and many more. Nevertheless, nothing is black and white; though the upper society enjoys the fruits of the progressive judgments, the poor sections of society are still deprived of gender justice. Hence, it becomes the duty of the government to ensure gender justice and let the judgements reach and benefit the poor. The festival of Navratri must be an opportunity to conduct awareness campaigns in the deprived area because a law in oblivion can do no good.
“The structures of our society have been created by males and for males. As a result, certain structures that may seem to be the “norm” and may appear to be harmless, are a reflection of the insidious patriarchal system.”
Lt. Col. Nitisha v. Union of India, 2021 SCC OnLine SC 261
Arshnit Sandhu is pursuing LLM in Corporate and Commercial Law from the National University of Study and Research in Law (NUSRL), Ranchi.
Disclaimer: The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.
You can access our Recent Legal News Archives and our Blogs on legal updates from around the globe.
[i]
AIR 1997 SC 3011
[ii] (2014) 4 SCC 427
[iii] AIR 1986 SC 1011
[iv] AIR
1994 SC 1944
[v] (2020) 9 SCC 1
[vi] (2006) 5 SCC 475
[vii] (2018)
16 SCC 368
[viii] AIR 1966 SC 942
[ix] AIR
1979 SC 1868
[x] AIR 1981 SC 1829
[xi] (2020)
7 SCC 469
[xii] 2021
SCC Online SC 261
[xiii] (2017) 9 SCC 1
[xiv]
(2009) 9 SCC 1
[xv] 2022 SCC Online SC 1321
[xvi] 2017 SCC Online All 1325
[xvii] 2016 SCC Online SC 1244
[xviii] CRLMC
No. 2082 Of 2010
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Jurisedge Academy
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Navratri is an auspicious festival recognized and celebrated all across India. It stands for ‘nav’ meaning nine, ‘ra’ means night, and ‘tri’ means three aspects of mind, body and soul. The said festival is devoted to Goddess Durga as Kali, Lakshmi and Saraswati, and it pays tribute to the feminine energy that persists and emanates across the globe. It is believed that the power of abundance, knowledge and destruction resides as the feminine power to attain victory over the ills of the universe and within yourself.
In Hindu mythology, the status of women and feminine energy has been given immense importance and recognition. The role of Goddess Durga represents victory over the devil. But unfortunately, with the evolution of time, society has forgotten the inmate nature of females and their ability to do good in society. Women as gender were oppressed under the devil of a patriarchal society devoid of equal status, equal rights and equal opportunities in every aspect of life, be it a decision-making power or a promotion in a job. Though extreme oppression is not prevalent in the 21st century, it still exists in stratified societies among the poor.
Hence, to secure women in society from extreme oppression, the Constitution-Markers of our country included various provisions in the Indian Constitution, protecting the rights of women. The rights that can be enforced by the oppressed women to attain victory over evil with the help of the Judiciary.
The Indian Judiciary has passed various judgments and orders to recognize the equal rights of females over time. Therefore, in the festive season of Navratri, it becomes essential to look back at the judgments that recognize the status of women in modern society.
WOMEN’s RIGHTS ENSHRINED UNDER THE CONSTITUTION
Since the role of the Judiciary is to enforce the rights enshrined under our Indian Constitution, it also becomes pertinent to discuss the provisions in the said Constitution empowering women. The keystone of the Constitution, i.e., the Preamble, provides that there must be justice, liberty and equality for all citizens. Here, it is an implicit indication of ensuring justice, liberty and equality for women as the citizens of the country.
Part III of the Indian Constitution, which provides for the fundamental rights of woman, are as follows:
Article 14 provides for all persons (including women) equality before the law and equal protection of the law.
Article 15(1), a general provision, provides that no citizen shall be discriminated against on the ground of religion, race, caste, sex, place of birth or any of them. Hence, ensuring no discrimination between men and women.
Article 15(3) is a specific provision which empowers to make special provisions in the better interest of the woman and children. This provision empowers the state to provide for the reservation of women
Also, Article 15(4) empowers the state to create special arrangements for promotion promoting the interests and welfare of socially and educationally backward classes of society such as SCs and STs. (Herein, implicit protection to women of a backward society.), Similarly, Article 16 provides for equal job opportunities in the public sector for a woman.
Similarly, Article 19 and 21 bestows various rights such as freedom of speech and expression, freedom of choice and right to life and personal liberty, respectively.
Hence, in case of violation of the said provisions, the aggrieved woman can knock on the doors of the Court to attain justice.
TRIUMPHANT ROLE OF JUDICIARY
The Indian Judiciary has recognized women to be at par with men, capable of achieving wonders in the light of equal opportunity. Apart from equal opportunities, the Judiciary ensures a duty on the state and also itself to provide protection and safety for women in the patriarchal society.
Hence, below are some landmark and recent judgments of the Indian Judiciary:
Concerning crimes committed against women, the Supreme Court has been a vigilant protector. The case of Vishaka v. State of Rajasthan[i] recognized the rampant increase of sexual harassment of women in the general and workplace and observed that sexual harassment violates Article 14 and Article 21 of the Indian Constitution. Also, in the absence of legislation protecting women from sexual harassment in the workplace, the Supreme Court passed guidelines for the prevention of sexual harassment. The said guideline and effort of the Judiciary led to the implementation of the Sexual Harassment of Woman at Workplace Act, 2013.
Similarly, to cause a deterrent effect on the acid attacks in the country, the Supreme Court passed a historic judgement of Laxmi v. Union of India,[ii] banned the sale of acid over counters and provided for adequate compensation.
The Supreme Court has not been behind in regard to the equal inheritance of property. The case of Mary Roy v. State of Kerala[iii] recognized the right of Christian women in the inheritance of their parent’s property. The Supreme Court observed that no personal law i.e., the Travancore Succession Act, 1996, can prevail over the right to equality under the Indian Constitution. Similarly, in the case of V. Tulasamma v. Sesha Reddi (Dead) By LR[iv], the Apex Court construed Section 14 of the Hindu Succession Act, 1977, liberally to include Hindu females as the absolute owner of the property. Recently, in the case of Vineeta Sharma v. Rakesh Sharma,[v] The Supreme Court recognized the coparcenary rights of the daughter under the Hindu Succession Act, 1956 and opined that the daughters must be given the same coparcenary right as the son.
The right to choose and marry a man of his own choice was recognized by Article 21 of the Indian Constitution in the case of Lata Singh v. State of Uttar Pradesh[vi] the Court criticized the act of honour killing and the caste system as a hindrance to the development of a nation. Recently, Justice DY Chandrachud took precedence of the said judgement in the case of Shafin Jahan v. Ashokan K.M.[vii] observed that the right to marry a person of one’s choice is integral to Article 21 of the Constitution.
With the increase of the status of women in society, the daughters of the countries are excelling in every field i.e., education or any profession. The Highest Court of India has also been trusted in this aspect due to its various landmark decisions. In the case of Bombay Labour Union v. International Franchise Pvt. Ltd[viii], The Supreme Court, observed that such regulations that terminate a woman employee after her marriage is against the principle of equality. The Supreme Court, in the case of CB Muthamma v. Union of India,[ix] held that the rule that requires prior permission of marriage in case of women and denial of promotion is against the spirit of the Constitution. Also, the retirement at the age of 35 years or pregnancy for women employed as air hostesses was held unconstitutional and violative of Article 14 in Air India v. Margesh Meerza.[x]
Also, in the case of Secretary, Ministry of Defence v. Babita Puniya,[xi] the Supreme Court observed that the absolute exclusion of women from a permanent commission in the Army is against Article 14 of the Constitution and unjustified. It also appealed to the citizens to move beyond “gender stereotypes.” Similarly, in the case of Lt. Col. Nitisha v. Union of India,[xii] the Court recognized indirect gender discrimination persisting in the Indian Army, which is violative of Article 14, Article 15 and Article 16 of the Indian Constitution.
Apart from the above, the Apex Court of India has also upheld the rights of the woman with respect to dignity, pregnancy, abortion and marital rights of woman. In the case of Shayara Bano v. Union of India,[xiii] the Supreme Court struck down the practice of triple talaq as violating Section 14 of the Indian Constitution, providing relief to Muslim women from the arbitral practices of their husbands.
Pregnancy and abortion are the process that affects the female the most, whether physically or emotionally. The same is the view of the apex court in several cases. For instance, the case of Suchita Srivastava v. Chandigarh Administration[xiv] observed that termination of pregnancy could not take place without the consent of the woman, and the choice of the victims must be given utmost importance. Recently, the Supreme Court of India passed a much-applauded judgement in the case of X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi.[xv] The Court observed that all women are entitled to safe and legal abortion, whether married or unmarried. And the said distinction shall be violative of Article 14 of the Indian Constitution. It further opined that rape should include marital rape for the purpose of medical termination of pregnancy act. This makes it clear that pregnancy out of forced sex can be terminated between 20 to 24 weeks of gestation periods.
Apart from the Supreme Court, the High Court across the nation is no more behind in the race. In the case of Aaqil Jamil v. State Uttar Pradesh,[xvi] the Allahabad High Court cited the Supreme Court case, i.e., Voluntary Health Association of Punjab v. Union of India[xvii] and observed that The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 framed are in consonance with the spirit of the Constitution, and it is the means to protect the dignity of woman and female child. Similarly, in the case of Ramesh Chandra Naik v. State of Orissa,[xviii] the Orissa High Court observed female foeticide to be evil to society.
The judgments relating to empowering women are endless, and the gratitude goes to the Hon’ble Supreme Court, which has interpreted the law according to the current needs, judges taking a naturalist and socialist approach at the same time for the betterment of women in society.
CONCLUSION
Empowerment and recognition of women’s potential shall not harm society. Rather, it will make the two different genders equal partners in the course of life. Fortunately, our Indian Judiciary has shaped the lives of women in enormous ways, be it equal opportunities in the workplace or protection from arbitrary practices such as triple talaq, untouchability during the menstruation cycle, inheritance rights and many more. Nevertheless, nothing is black and white; though the upper society enjoys the fruits of the progressive judgments, the poor sections of society are still deprived of gender justice. Hence, it becomes the duty of the government to ensure gender justice and let the judgements reach and benefit the poor. The festival of Navratri must be an opportunity to conduct awareness campaigns in the deprived area because a law in oblivion can do no good.
Arshnit Sandhu is pursuing LLM in Corporate and Commercial Law from the National University of Study and Research in Law (NUSRL), Ranchi.
Disclaimer: The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.
You can access our Recent Legal News Archives and our Blogs on legal updates from around the globe.
For daily legal updates, you may follow us on Instagram and LinkedIn and join our Telegram channel.
[i] AIR 1997 SC 3011
[ii] (2014) 4 SCC 427
[iii] AIR 1986 SC 1011
[iv] AIR 1994 SC 1944
[v] (2020) 9 SCC 1
[vi] (2006) 5 SCC 475
[vii] (2018) 16 SCC 368
[viii] AIR 1966 SC 942
[ix] AIR 1979 SC 1868
[x] AIR 1981 SC 1829
[xi] (2020) 7 SCC 469
[xii] 2021 SCC Online SC 261
[xiii] (2017) 9 SCC 1
[xiv] (2009) 9 SCC 1
[xv] 2022 SCC Online SC 1321
[xvi] 2017 SCC Online All 1325
[xvii] 2016 SCC Online SC 1244
[xviii] CRLMC No. 2082 Of 2010
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