Posts

Showing posts with the label Gender Equality

SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law

Image
SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law The Case at a Glance The Supreme Court of India has directed the Central Government to respond to a petition filed by a Kerala-based Muslim woman, Safiya PM , who seeks to be governed by the Indian Succession Act, 1925 , instead of Muslim Personal Law (Sharia Law) regarding inheritance. A bench led by Chief Justice Sanjiv Khanna , along with Justices Sanjay Kumar and KV Viswanathan , has given the government four weeks to file its response, with the hearing scheduled for May 2025 . Why Is the Woman Challenging Sharia Law? The petitioner, a non-believer Muslim , argues that since she does not practice Islam, she should be governed by secular inheritance laws rather than religious laws. ✔️ Sharia Law Restriction – Under Sharia law , a Muslim individual can only bequeath one-third of their property via a will. The remaining two-thirds is distributed according to Islamic inheritance rul...

Uttarakhand Implements Uniform Civil Code: A Historic Milestone

Image
Uttarakhand Implements Uniform Civil Code: A Historic Milestone Uttarakhand has made history by becoming the first state in India to implement the Uniform Civil Code (UCC) on January 27, 2025 . Chief Minister Pushkar Singh Dhami announced this significant achievement, which aims to bring uniformity in personal civil laws across the state, eliminating discrimination based on caste, religion, gender, and other factors. What is the Uniform Civil Code (UCC)? The UCC is a set of laws intended to govern personal civil matters such as marriage, divorce, succession, and inheritance uniformly across all communities, regardless of religion. The UCC seeks to ensure equality and justice by replacing diverse personal laws with a standardized legal framework. Uttarakhand Leads the Way Historic First for Independent India Uttarakhand is the first state in India to implement the UCC, fulfilling a long-standing commitment by the Bharatiya Janata Party (BJP) . The Chief Minister stated that...

An End to Women and Children's Rights: A Deep Dive into the Intersection of Religion, Gender, and Child Marriage

Image
An End to Women and Children's Rights: A Deep Dive into the Intersection of Religion, Gender, and Child Marriage The State of Gender Equality and Societal Divisions As human beings, we often advocate for gender equality—a principle that envisions equal rights and opportunities for all, irrespective of gender. Despite these proclamations, societal structures remain divided along gender lines, where women often bear the brunt of systemic inequality. The term "women" has historically been tied to cultural and religious expectations, often becoming a flashpoint for societal discomfort when addressing progressive issues. This discomfort intensifies when topics such as child marriage intersect with religion, creating complex challenges that demand urgent attention. Child Marriage in Iran: The Age of Marriage Reduced to 9 One particularly concerning development in recent years is Iran's decision to reduce the legal age of marriage to 9 years for girls . This decision ha...

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...

Mumbai Man Arrested for Raping Woman Under Pretext of Marriage: A Rising Concern

Image
Mumbai Man Arrested for Raping Woman Under  Pretext of Marriage: A Rising Concern In a recent disturbing incident, Mumbai police arrested a 26-year-old man from Ludhiana, Punjab, identified as Raghav Rajesh Agarwal, for allegedly raping a woman on the false pretext of marriage. This heinous act was reportedly committed multiple times between January 2023 and August 2024. The victim and the accused initially met at an exhibition in Delhi, but the alleged deception and abuse continued until the victim sought justice. Growing Crimes Against Women: A National Crisis This case is not isolated. Just last month, the Nalasopara police arrested another man, Firoz Niyazi Sheikh, who allegedly defrauded more than 20 women under the pretext of marriage. Sheikh used fake online profiles to target widowed women, robbing them of their money and jewelry before vanishing. His arrest was the result of a meticulous police operation involving an undercover profile on an online platform. Such incidents...

Delhi Court Orders Woman to Pay Rs 15 Lakh for Defamation of Ex-Husband

Image
Delhi Court Orders Woman to Pay Rs 15 Lakh for Defamation of Ex-Husband In a landmark judgment, Delhi's Saket District Court has ordered a woman to pay Rs 15 lakh in damages to her ex-husband for defamation and malicious litigation. The ruling, passed by District Judge Sunil Beniwal on July 29, 2024, underscores the court's stance on addressing wrongful acts regardless of gender. Defamation and Malicious Litigation The court found that the woman's actions significantly harmed her ex-husband, impacting both his personal reputation and professional growth. The man, who had sought Rs 25 lakh in damages, claimed that the defamation continued even after their divorce in 2021. He alleged that the woman sent defamatory emails to his relatives and used abusive language against him and his mother through her email accounts. Background of the Case The marriage between the parties, which began in 2001 under the Hindu Marriage Act, was dissolved in 2021 on grounds of cruelty. Despite t...

Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law

Image
Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law The Supreme Court of India on Friday issued a notice to the Centre regarding a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This significant move came as a bench headed by Chief Justice of India DY Chandrachud decided to tag the matter with an existing petition challenging the same provision under the Indian Penal Code (IPC), scheduling further hearings for July. Petition by All India Democratic Women's Association The plea challenging the marital rape exception was filed by the All India Democratic Women's Association (AIDWA), with Senior Advocate Karuna Nundy representing the petitioner. The AIDWA's petition is part of a broader movement seeking the removal of legal protections that currently exempt husbands from rape charges within marriage. Background of the Issue Several petitions have previously been filed in th...

Empowering Women in India's Panchayati Raj System: A Path to Sustainable Development

Image
 Empowering Women in India's Panchayati Raj System: A Path to Sustainable Development India's Panchayati Raj System: A Beacon of Women's Leadership India's Panchayati Raj system has emerged as a beacon of women's leadership and empowerment, showcasing the transformative impact of decentralized governance.  Highlighting Constitutional Milestones At the recent #CPD57 side event, "Localising the SDGs: Women in Local Governance in India Leads the Way," Ruchira Kamboj, India's Permanent Representative to the UN, highlighted the strides made in women's representation within this unique system. Decentralized Governance and Active Participation The Panchayati Raj system, characterized by its decentralized power structure, ensures active participation from all residents through the Gram Sabha, setting it apart from conventional municipal governance models.  A Milestone for Gender Equality A pivotal moment for gender equality was marked in 1992 with a consti...

Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims

Image
Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims The Supreme Court of India has agreed to examine a plea that raises questions about the applicability of Sharia law to non-believer Muslims. The plea seeks a declaration that individuals who do not wish to be governed by Muslim Personal Law should have the option to be governed by the secular laws of the country. Petition Filed by Safiya PM The petition was filed by Safiya PM, a Kerala-based woman who identifies as a non-believer Muslim. She argues that she should be governed by the Indian Succession Act of 1925 concerning inheritance, rather than Sharia law. According to her, under Sharia law, individuals who leave Islam are excluded from their community and lose inheritance rights in their parental property. Challenge to Sharia Law Restrictions Safiya PM's plea highlights that Sharia law restricts a Muslim person from bequeathing more than 1/3rd of their properties by way of a will. This limitati...

Controversy Over Saudi Arabia's Chairmanship of UN Women's Rights Forum

Image
Controversy Over Saudi Arabia's Chairmanship of UN Women's Rights Forum Introduction Saudi Arabia's recent appointment as chair of the United Nations Commission on the Status of Women (CSW) has sparked controversy and drawn criticism from women's rights advocates. Despite being unanimously elected, concerns have been raised due to Saudi Arabia's track record on women's rights. Criticism from Human Rights Advocates Amnesty International and Human Rights Watch have both voiced reservations about Saudi Arabia's appointment, citing the kingdom's treatment of women and its systematic discrimination against them. The decision has been viewed as contradictory to the CSW's mandate to promote women's rights and gender equality. Call for Action from Advocacy Groups Sherine Tadros, Deputy Director for Advocacy at Amnesty International, underscored the gap between Saudi Arabia's record and the commission's objectives. Tadros emphasized that Saudi Ara...

"Empowering India: Women Entrepreneurs Leading the Charge"

Image
"Empowering India: Women Entrepreneurs Leading the Charge" Empowering India's Women Entrepreneurs: In India's ever-evolving economic landscape, a transformative movement led by women entrepreneurs is underway, reshaping traditional norms and driving innovation while empowering communities nationwide. Despite facing historical barriers and systemic biases, women are breaking stereotypes and emerging as formidable leaders in the entrepreneurial sphere. International Laws and Regulations: Internationally, various conventions and agreements advocate for gender equality and women's economic empowerment. The United Nations Sustainable Development Goals (SDGs), particularly Goal 5 (Gender Equality), emphasize the importance of promoting women's entrepreneurship and ensuring equal access to resources and opportunities. Additionally, the Convention on the Elimination of Discrimination Against Women (CEDAW) obliges member states to eliminate gender-based discrimination ...

Uniform Civil Code in Uttarakhand: Striving for Legal Uniformity

Image
Uniform Civil Code in Uttarakhand: Towards Legal Equality Introduction: Uttarakhand, a state in northern India, is taking steps towards implementing a Uniform Civil Code (UCC), aiming to ensure equal legal treatment for all its citizens regardless of their religion or background. Uttarakhand's UCC Provision: 1. Marriage Laws: The state is working towards standardizing marriage laws under Article 21 of the Indian Constitution, which guarantees the right to marry and the right to equality before the law. 2. Inheritance Rights: Uttarakhand is aligning inheritance laws with Article 14, which ensures equality before the law, and Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. 3. Gender Equality: The state's UCC provisions aim to uphold gender equality as enshrined in Article 15(3), which allows for special provisions to be made for women and children. 4. Legal Clarity: Uttarakhand seeks to provide legal clarity through unif...