By Advocate Meenu Padha & Rishika Chaurasia
Women need to be considered as human beings, first, and foremost. We should have equal rights. And security, and safety. And well-being.-Maheen Sultan
Introduction
The Indian Constitution puts forward detailed rules for achieving gender equality in the country. If women are left behind, a country will never succeed in its quest for advancement. No other branch of government, except from the judiciary, could help turn this constitutional equality into a de facto equality. As a result, it is crucial at this time to shed light on the practical judicial perspective on women. This article discusses a few decisions that highlight the Indian judiciary’s effort to secure women’s rights.
NilamGorwade and Others v. Manoj MukundNarwane and Others
On or before November 1, 2021, the Supreme Court ordered that 39 women officers in the Indian Army be granted permanent commissions. The order was issued when the Court was notified that, out of 64 female officials, 39 were deemed to be qualified for Permanent Commission after a reassessment.
“… we are of the view that the ends of justice would be met if, to begin with, orders for the grant of PC are issued to all the thirty nine officers, in terms of the statement which has been made before this Court by the ASG, on or before 1 November 2021. Compliance shall be scrupulously ensured on or before 1 November 2021”, the Court said.
‘Not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces’; Army’s evaluation of Women SSC Officers for grant of permanent commission arbitrary: SC
PatanJaman Vali v. State of Andhra Pradesh
(The intersectionality of caste, gender, and disability)
The case concerned a blind 22-year-old Dalit woman who was sexually assaulted. The accused was charged with rape under Section 376 of the Indian Penal Code (IPC) and Section 3(2)(v) of the PoA Act, and sentenced to life in prison by the trial court and the High Court. The conviction and punishment for rape under the IPC were upheld by the Supreme Court, however the conviction under the PoA Act was overturned. On the one side, this decision is a tremendous step forward since the court took advantage of the chance to recognise intersectional discrimination against women based on sex, caste, and disability.
However, by overturning the conviction under the PoA Act, it follows the precedent of numerous earlier Supreme Court decisions.
Acid Attack: Kerala HC
The culprit in this case is accused of throwing acid on a female who refused to marry him. It disfigured her face and body by causing severe corrosive injuries to her face, back, and hands. A case was filed under the Penal Code, 1860, Sections 326A, 326B, and 307 (IPC).
The Court stated that the ‘right to life’ is granted under the Indian Constitution, which is known as the ‘Bhagavad Gita,’ and that it is the fundamental obligation of the state to defend it. The accused’s ‘acid assault’ resulted in not only physical injuries, but also a lifelong scar. It is a crime against basic human rights, as well as a violation of India’s most cherished fundamental rights, as provided by Article 21 of the Indian Constitution.
The Court cited Swami Vivekananda, a prominent Indian saint and scholar, who said: “the best thermometer to the progress of a nation is its treatment of its women”
Women in Army
In light of the imminent examination, the Bench issued an interim order allowing women candidates to participate in the NDA examination set for September 5, 2021, subject to subsequent directions from the Court. In light of the interim orders, the Union Public Service Commission (UPSC) was required to issue the necessary corrigendum and promote it widely so that the aim of the order is converted to benefit at the ground level.
Similarly, it should be noted that the process of admitting girls to Sainik Schools has already begun and will be increased in the future.
“Right to Self-Perceived Gender Identity” -Bombay High Court
The petitioner was disgruntled with the Returning Officer’s rejection of her nomination form. She had opted to be a woman and had submitted her nomination form to run for office in the ward designated for women in the general category. The petitioner is a transgender person, hence the nomination form was rejected. In the current village panchayat elections, it was announced that there is no reservation for transgender people.
The High Court leaned significantly on and upheld the legislation established in the “NALSA case” in which the Supreme Court addressed the topic of transgender people’s rights in detail. The Court stated that the Indian government has passed the Transgender Persons (Protection of Rights) Act, 2019, which grants a transgender person the right to be recognised and the right to self-perceived gender identity.
In this case, the petitioner chose the female gender as her self-perceived gender identity and made a solemn declaration, which was recorded as the statement made to the Court, that she would not switch over to the male gender out of opportunism in the future and would continue to choose the female gender in the future, unless and until there is a reservation for transgender people in public life.
Rape Case: Ori HC
A girl of Class VII was heading home with her younger sister, who was around ten years old, when the appellant blocked their path and wrongfully confined the victim near a local Renupada tank, dragging her to a nearby field and raping her.
The ingredients of the offence under section 4 of the POCSO Act, which mandates punishment for penetrative sexual assault, appear to have been defined under section 3 of the POCSO Act, per the Court. Section 3(b) is important in this case since it states that a person commits penetrative sexual assault if he enters, to any extent, any object or part of the body, other than the penis, into the kid’s vagina, urethra, or anus, or forces the child to do so with him or another person.
“There is no illegality in the impugned judgement and order of conviction delivered by the learned trial Court,” the court said, “and the appellant has been rightfully convicted guilty under section 341 of the Indian Penal Code and section 4 of the POCSO Act.”
“India will be free when the women feel safe to walk in the streets of India in the midnight”
Conclusion
Gender equality refers to a society in which men and women have equal treatment, freedoms, and responsibilities in all aspects of living. Equality in choice, economic and social liberty, equal access to education, and the right to pursue a career of one’s choice. Women in India are disproportionately affected, owing to their ignorance of their basic civil and constitutional rights.To promote gender equality, we must empower women and focus on the issues that are most important to their well-being. Women’s economic, social, and political empowerment are critical for any nation’s prosperity as well as the protection and nurture of human rights.
“It is time that we all see gender as a spectrum instead of two sets of opposing ideals.” – Emma Watson
Note: Rishika Chaurasia is an intern Lawyer under Advocate Meenu Padha while later is practicing lawyer at Jammu and Kashmir High Court. Advocate Padha is also a women and child rights activist.
