The Supreme Court of India serves as a beacon of justice
safeguarding of fundamental rights of all citizens. As the
guardian of the Constitution, it holds the paramount
responsibility of upholding and enforcing the rights enshrined
within it. Positioned as the ultimate arbiter of justice, the
Supreme Court ensures that the rights of individuals are upheld
in accordance with the principles outlined in the Constitution
of India.
The Constitution of India contains several provisions aimed at
ensuring gender equality and empowering women, even though it
doesn’t explicitly mention provisions exclusively dedicated to
women empowerment.
These provisions form the framework for promoting gender
equality and empowering women in India. Additionally, various
governmental policies and programs are also aimed at women’s
welfare and empowerment that are aligned with these
Constitutional Provisions.
Some of the key provisions include:
1. Right to Equality (Article 14-18): These articles or a part
of fundamental rights. They Ensure equality before the law and
prohibit discrimination on the grounds of religion, race, caste,
sex, or place of birth.
2. Directive Principles of State Policy (Article 39): Mandates
that the state is obliged to ensure that men and women all have
an equal right to adequate means of livelihood.
3. Reservation of Seats in Local Bodies (Article 243D): Provides
for reservation of seats for women in local bodies like
Panchayats and Municipalities.
4. Reservation of Seats in Parliament and State Legislatures
(Article 330, 332, 243T): Allows for reservation of seats for
women in the Lok Sabha, Rajya Sabha, and State Legislative
Assemblies.
5. Right to Freedom (Article 19): Guarantees certain freedoms
including freedom of speech and expression, which indirectly
empowers women to voice their opinions and concerns.
6. Right against Exploitation (Article 23-24): Prohibits
trafficking of human beings and forced labor, which are issues
often faced by women.
7. Right to Education (Article 21A): Ensures free and compulsory
education for all children aged 6 to 14 years, without
discrimination, which indirectly benefits girls and women.
8. Protection of Minorities, SCs, STs (Article 15(3), 46):
Allows for special provisions for women from marginalized
communities.
9. Right to Constitutional Remedies (Article 32): Provides for
the right to move the Supreme Court for the enforcement of
fundamental rights, which can be crucial for women seeking
justice against discrimination or violence.
10. The Protection of Civil Rights Act, 1955 and The Scheduled
Castes and Tribes (Prevention of Atrocities) Act, 1989: These
laws provide protection and remedies against discrimination and
atrocities faced by women belonging to marginalized communities.
Through these constitutional provisions, India endeavors to
uphold the principles of gender equality and pave the way for
the holistic empowerment of women in society.
These provisions are foundational in promoting equal
opportunities and rights for women across various spheres of
society.
The Supreme Court has consistently demonstrated its commitment
to safeguarding the rights and dignity of women across the
nation. This article explores five landmark cases decided by the
Supreme Court that exemplify its role as the custodian of
women’s rights in India.
1. Vishaka and others vs. State of Rajasthan and others, 13
August 1997, 6 SCC 241: In a groundbreaking judgment, the
Supreme Court addressed sexual harassment in the workplace,
laying down guidelines to prevent and redress such incidents.
The case arose from the gang rape of a social worker in
Rajasthan. The Court, recognizing the absence of legislation on
the issue, invoked Article 32 of the Constitution to fill the
legislative void. The Vishaka Guidelines provided a framework
for employers to ensure a safe working environment for women and
held employers accountable for preventing sexual harassment.
This case marked a significant step towards recognizing and
combating gender-based violence in India.
2. State of Maharashtra vs. Madhukar Narayan Mardikar, AIR 1991
SC 207: In this case, the Supreme Court reaffirmed the
constitutional rights of women by striking down a discriminatory
provision in the Bombay Police Act, which prohibited women from
working as bar dancers. The Court held that the provision
violated the right to equality and freedom of expression
guaranteed under Articles 14, 19, and 21 of the Constitution. By
nullifying this gender-biased law, the Court upheld women’s
autonomy and right to choose their profession, setting a
precedent for gender equality in the workplace.
3. Shayara Bano vs. Union of India AIR 2017 9 SCC 1 (SC):
Fortunately, I had the honor of representing the ‘All India
Muslim Women’s Personal Law Board’ in this landmark case before
the five-judge Constitutional Bench in the Supreme Court. This
case is popularly known as the “Triple Talaq case”. This
judgment addressed the practice of instant triple talaq
(talaq-e-biddat) among Muslim men, which allowed them to divorce
their wives by uttering “talaq, talaq, talaq” three times
instantaneously leaving their wives divorced arbitrarily. The
Supreme Court declared that this practice is unconstitutional,
citing violations of women’s fundamental rights to equality and
dignity. The verdict provided relief to Indian Muslim women who
had suffered arbitrary divorces, recognizing their right to
equality within marriage and protection from discriminatory
practices. This case underscored the Court’s role in upholding
the rights of women, irrespective of religious or cultural
norms.
4. Suchita Srivastava vs. Chandigarh Administration (2009) 9 SCC
1: In this significant judgment, the Supreme Court addressed the
reproductive rights of women by affirming their autonomy in
making decisions about their bodies. The case involved the
denial of medical termination of pregnancy (MTP) to a mentally
challenged rape survivor. The Court emphasized a woman’s right
to privacy, dignity, and bodily integrity, ruling that she had
the discretion to terminate her pregnancy, especially in cases
of rape or where the pregnancy posed a threat to her physical or
mental health. This judgment upheld women’s reproductive rights
and underscored their agency in matters concerning their own
bodies.
5. Indian Young Lawyers Association and Ors. vs. State of Kerala
and Ors. (2017) 10 SCC 689: Popularly known as the ‘Sabarimala
case’. It refers to the entry of women in the temple which
brought to light the gender discrimination practiced in the
religious places, particularly the exclusion of women of
menstruating age from entering the Sabarimala temple in Kerala.
In a historic verdict, the Supreme Court overturned the
centuries-old ban, asserting that it violated women’s right to
equality and freedom of worship. The Court emphasized the need
to eradicate patriarchal norms that perpetuate gender-based
discrimination in religious places. This judgment affirmed
women’s right to equal access to religious institutions and
removed age-old gender biases.
Conclusion: The Supreme Court of India serves as a guardian of
women’s rights, as evidenced by its jurisprudence in addressing
various issues affecting women’s lives. From combating sexual
harassment in the workplace to overturning discriminatory
religious practices, the Court has played a pivotal role in
advancing gender equality and upholding the dignity and autonomy
of women. Through many landmark judgments, the Supreme Court has
not only interpreted the law but also shaped societal norms to
promote a more inclusive and equitable society for women in
India.
