Ruling For Equality! 5 Landmark Supreme Court Judgements Of 2022 That Changed Course For Women In India

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The Logical Indian Crew

Ruling For Equality! 5 Landmark Supreme Court Judgements Of 2022 That Changed Course For Women In India

From stating abortion as the sole decision of a woman to stating that the Hijab is a matter of choice, the SC has played a key role in changing the course for women in the country. The Logical Indian revisits five such landmark rulings made in 2022.

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"One of the marks of a progressive nation is the condition of its female population," remarked Justice NV Ramana back when he held the reputed post of the Chief Justice of India. In the majority of the progressive and developed nations around the world, this idea resonated with a good share of the population who place women, men, and the third gender on an equal standing.

India still has a long way to go in achieving equality in its truest sense, but in the year 2022, there were a few landmark rulings made by the highest court that upheld women's rights and instilled a sense of hope for a better tomorrow for women. Some of the significant rulings delivered by the Supreme Court in regard to women's rights, representation, position, and contribution to society include:

  • SC Ruling On Abortion: 'A Woman Alone Has Right Over Her Body'

One of the landmark rulings that established a woman's right to reproductive choices was the ruling on abortion rights made on September 29. Under this ruling, the court stated that all women, irrespective of their marital status, will be entitled to safe and legal abortion up to 24 weeks of pregnancy. While many countries continue to oppress the rights of women through regressive abortion laws and bans, the SC observed that it is every woman's right to make "reproductive choices without undue interference" from the State or any other entity.

The ruling established for once and all that it is the woman alone who holds the right to make decisions about her body. The decision to go forward with an abortion should not be barricaded with an individual's marital status or a state's opinion on the same. "Depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity," noted the bench headed by Justices DY Chandrachud, AS Bopanna, and JB Pardiwal.

  • SC Ruling On Women Armed Forces Officers: 'Army Has Not Been Fair'

In a legal battle that lasted for over 12 years, the SC ruled in favor of the plea submitted by 32 former women Indian Air Force officers who served in the Short Service Commission (SSC). Directing the Centre to grant pension benefits to the women officers equivalent to officers who served the forces for 20 years, the court honoured the services offered to the nation by the women officers. According to an article by Mint, the ruling was made by a bench comprising Justice DY Chandrachud, Hima Kohli, and JB Pardiwala.

Following this, yet another plea by 34 women Army officers alleging discrimination was heard in favour of the women officers. The officers had accused that junior male officers were being considered over them for promotions to perform certain roles in the Army. Responding to this, the court stated that the Army has not been fair to their women officers and asked them to 'set their house' right.

  • SC On Tribal Women's Succession Rights: 'Female Tribal Entitled To Parity In Intestate Succession'

A female tribal member is entitled to an equal share of the family property, observed the Supreme Court on December 9. The court noted that "When a daughter belonging to a non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such a right to the daughter of a tribal community." The bench then instructed the Centre to consider amendments within the Hindu Succession Act to make it applicable to people from the Scheduled Tribes as well and stated that they trust the Centre to make an appropriate decision with consideration to the Constitutionally enabled right to equality.

Stating that tribal women are denied their rights even 70 years after the Constitution was drafted, they directed measures to be taken to ensure equality in property rights, according to an article by the Indian Express.

  • SC Ruling On Rising Dowry Cases: 'Offence Of Dowry Death An Offence Against Society'

In a trial of a dowry-related death of a woman, the SC noted with dismay that "the offence of dowry death is an offence against society." The court ruled for a stricter imposition of sentence against offenders. It stated that "A strong message must go in the society that a person who commits such an offence of dowry death and/or the offences under the Dowry Prohibition Act shall be dealt with an iron hand."

Prior to this, a bench headed by the then CJI Ramana also called for a broader interpretation of the word "dowry" to include any form of demand made from a woman. Building on this, an SC bench of Justices Hima Kohli and AS Bopanna ruled in a case that the daughter asking her parents for 'loan' money for her in-laws to build a house would also come under the label of dowry. It took into ambit that any kind of demand for property or valuable security would equal a demand for money.

  • SC's Split Verdict: 'Hijab Is Her Ticket To Education'

In a much-awaited ruling, the two-judge bench of the Supreme Court presented a divergence in their opinions on the issue. While the high court had quashed the plea, the split verdict came across as hope to many believers. The long-standing Hijab row in Karnataka, even though it did not come to a conclusion, saw Justice Sudhanshu Dhulia's favour for Muslim women's right to choice. Dhulia was of the opinion that the religious clothing Hijab is a "fundamental right" linked to the girl's "dignity and her privacy" even as steps within the school premises. Asking girls to remove their headscarves is nothing less than an invasion of their privacy and dignity. Regardless of the headscarf being a religious practice, it still is considered a matter of conscious belief and expression, which cannot be denied.

In his judgement he also noted that "One of the best sights in India today is of a girl child leaving for her school in the morning, with her school bag on her back. She is our hope, our future."

Women Taking Their Rightful Places

As we speak of women's rights being upheld in the judiciary, a change has become growingly visible this year, with three women taking oath as Supreme Court judges. Women continue to be underrepresented in the bar and the bench, and this was observed even by the previous judges. CJI NV Ramana once stated that "We have marched to a stage where women are in a position to compete with men in every walk of life. All they need is the right opportunity to showcase their skills." He strongly believed that the presence of women as judges and lawyers would improve the justice delivery system and bring a different and much-needed perspective to law.

Today's judiciary, like CJI DY Chandrachud mentioned, is a product of the patriarchal state of the legal profession from about three to four decades back. However, change is slowly but surely taking place, and one of its examples is the all-women bench that was constituted in 2022 for the third time ever in Supreme Court's history.

Also Read: Landmark Victory! Supreme Court Directs Centre To Grant Pension Benefits To 32 Former Women Air Force Officers

Contributors Suggest Correction
Writer : Laxmi Mohan Kumar
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Editor : Shiva Chaudhary
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Creatives : Laxmi Mohan Kumar

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