6 Recent Progressive Rulings That Upheld Women's Rights To Equality

Several recent progressive rulings by Indian courts have shown that if the justice system takes a fair, and equal, call when it comes to women's rights and issues, there's hope for more progress in the nation. From SC's ruling on 'streedhan' to Uttarakhand HC's judgement on pregnant women's employability, let us look back at some of these judgements that made patriarchy bow down and follow undeniably. 

Recent Rulings Upholding Women's Rights To Equality

Allahabad HC's verdict on marriage and live-in relationships

The Allahabad High Court recently said that an adult has the right to live or marry a person of their choice. The court said that this is a basic right of a human in India as per Article 21 (right to life and liberty)  of the Indian Constitution. 

SC's Verdict On Homemakers  

In February, the Supreme Court of India said that the value of a homemaker is no less than the one who brings home a salary from the office. The court termed the effort put in by homemakers as "invaluable" that cannot be measured only in monetary terms. The judgement highlighted the importance of homemakers which is always ignored in Indian families. Although, basics like respecting and valuing someone who cares for you shouldn’t require court’s intervention, there is no other way to deal with the hollow pride of a patriarchal society.

SC's Ruling On Streedhan

In April, the Supreme Court of India said that a husband has no right over a woman's streedhan. He might use it in times of distress but he must return it back to the woman. The court made this judgement while directing a husband to pay 25 lakh rupees to his wife in return for her lost gold. This judgement was phenomenal as it upheld women's rights on streedhan. Not many Indian families, including women, know women's rights over streedhan. That's why, it goes unnoticed when women give away the gold or money they received during marriage. Streedhan is the flag-bearer of women’s financial power, even if they are not working to earn outside of their homes. 

Uttarakhand HC On Employability Of Pregnant Women

Recently, the Uttarakhand High Court struck down the State government’s rule that didn’t allow women pregnant for 12 weeks or more to work in the government sector. The court called the rule unconstitutional which violated the right to equality, the equal rights to public employment and the right to personal liberty. Permitting the woman petitioner to join as a nursing officer, the court clearly said that even after joining she is entitled to maternity leave. This again broke the stigma of considering pregnant women or women with babies as unfit for employment. The stigma homogenises women as mothers who prioritise their kids and cannot handle work pressure. But every woman is different and so are their needs. If the woman is ready to work, why should employers stop her? 

Delhi HC On Gender-Based Verdicts

In April, the Delhi High Court said that a woman who is as empowered as a police officer can also be subjected to domestic violence. The court stated that the judiciary should unlearn gender-based or socially stereotypical assumptions regarding any profession. The judge rightly said, “Judicial decisions, premised on such assumptions, are examples of court’s refusal to recognize the complex realities of people’s lives, and defiance of law, logic and empathy." Gender-based crime does not see the profession, clothing or food choices of a woman. All that matters to the perpetrator is gender. The court’s verdict clearly pointed this out. Moreover, it also highlighted and condemned other judgements and courts that follow stereotypes, biases and assumptions. This was extremely important to keep the courts, at least, insulated from patriarchal conventions.

SC’s Verdict On Sexist Job Policies

Recently, the Supreme Court of India asked the Center to pay 60 lakh rupees in compensation to Lt Selina John, who worked as a military nurse. Reason? She was fired from her job in 1988 after she got married. The court condemned the “Laws and regulations” that are gender-biased as unconstitutional. It also called the rule of considering a woman’s marital status a disqualifying factor as “patriarchal rule undermines human dignity and right to non-discrimination.” The ruling broke the stigma that the marital status of a woman matters in her career growth and independence. Even today, many companies ask women candidates whether they are married or not. SC’s verdict should be used as a placard for such biased companies. 

The last judgement that we listed shows not only the progressive nature of the legal system of India but also its capacity to call out those rulings or proceedings that deflect from the path of constitutional justice. 

In 2023 too, we made a list of empowering judgements. You can read it here.  

“Ignorance of the law excuses no man from practising it.” - Addison Mizner

Views expressed are the author's own.