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Showing posts with the label Gender Justice

“Dowry Deaths Are a Blot on Society”: Supreme Court on Greed-Driven Violence — A Legal Analysis

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 1: INTRODUCTION The Supreme Court of India has once again delivered a strong message against dowry-related violence, calling dowry deaths a “severe blot on society” and a grave violation of human dignity. The Court stressed that such offences must be dealt with strictly and with heightened judicial scrutiny , particularly at the stage of bail.  2: FACTUAL BACKGROUND Case originated from Bihar Deceased woman died within 1.5 years of marriage under suspicious circumstances FIR filed by her mother in September 2024 Allegations Dowry already given: ₹20 lakh cash Gold and silver worth ₹6 lakh Continued demands: Motorcycle Refrigerator Vehicle for business Threats of death for non-fulfilment  3: MEDICAL EVIDENCE The post-mortem report revealed: Fractured skull with brain injury Ruptured sternum and heart Pelvic fractures Multiple abrasions Cause of death: Haemorrhage and shock due to head injury This strongly indicated violent physical assault , strengthening prosecution cla...

Right to Menstrual Hygiene Is a Fundamental Right Under Article 21: Supreme Court’s Landmark Ruling Explained

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Background of the Case The Supreme Court of India, in a significant rights-based judgment, has categorically held that the right to menstrual hygiene forms an intrinsic part of the right to life and dignity under Article 21 of the Constitution . The ruling was delivered by a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while deciding a writ petition seeking directions to the Union of India and States to ensure free sanitary pads and separate toilets for girl students (Classes 6 to 12) in government-aided schools. The Court expanded the scope of constitutional guarantees by linking menstrual health, dignity, equality, privacy, and access to education into a single enforceable rights framework. Core Constitutional Questions Before the Court The Bench framed and conclusively answered the following constitutional questions: Whether the absence of gender-segregated toilets violates Article 14 (Right to Equality) Whether denial of access to menstrual hygiene products v...

True Equality at the Workplace Requires Disability Rights as Core CSR: Supreme Court

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Background of the Case In a landmark judgment reinforcing disability inclusion in public employment, the Supreme Court of India directed Coal India Limited (CIL) , a public sector undertaking, to create a supernumerary post and appoint a woman with 57% disability as a Management Trainee . The ruling arose from a recruitment process initiated by Coal India in 2019 , under which the petitioner applied for the post of Management Trainee in the visually handicapped category . Despite being shortlisted , called for document verification , and subjected to a medical examination , she was later declared medically unfit on the ground that she suffered from an additional neurological condition . Proceedings Before the Calcutta High Court Aggrieved by the rejection, the petitioner approached the Calcutta High Court . Single Judge Decision A single judge ruled in her favour, holding that: Coal India, being a public sector corporation , could not deny appointment merely because its recruitment...

Review of Section 6 of the Hindu Succession Act, 2005: Karnataka High Court Flags Drafting Gap Affecting Rights of Widows and Mothers

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Background of the Case The Karnataka High Court has urged the Union Government to review the amended Section 6 of the Hindu Succession Act, 1956 , as modified by the Hindu Succession (Amendment) Act, 2005. The Court observed that while the amendment rightly strengthened the inheritance rights of daughters in coparcenary property, it has inadvertently created ambiguity regarding the inheritance position of widows and mothers , who were previously explicitly protected under the unamended provision. The decision was delivered by a Division Bench comprising Justice R. Devdas and Justice B. Muralidhara Pai . Issue Highlighted by the High Court The Court noted that: The unamended Section 6 expressly recognised widows and mothers at the stage of a notional partition . Their entitlement to a share in ancestral property was clearly protected. However, the amended Section 6 (post-2005) gives equal coparcenary rights to daughters, but does not explicitly refer to: • widows • mothers • widows of...

Welfare Without Respect? The Contradictions of Gender Justice in 2025

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Introduction: Taking Stock of Gender Justice in 2025 Assessing a year through the lens of gender justice is never straightforward. 2025 reflected sharp contradictions —landmark judicial interventions, undeniable courage by women across professions, but also entrenched misogyny, political hypocrisy, and structural inequality. From the corridors of power to courtrooms, sports fields to workplaces, India’s gender story this year oscillated between progress and regression. I. Abuse of Power and the Question of Consent: The Nitish Kumar Incident One of the most disturbing moments of 2025 involved Bihar Chief Minister Nitish Kumar forcibly removing a Muslim woman doctor’s face covering during a government appointment ceremony in Patna. The act occurred in a public setting while the woman was receiving her appointment letter for an AYUSH position. Legal Implications Touching a woman without consent constitutes an offence under: Section 354, Indian Penal Code (IPC) – Assault or criminal forc...

Supreme Court Calls for Syllabus Reforms to Eradicate Dowry, Flags Pendency of Dowry-Related Cases

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Introduction In a landmark judgment underscoring the constitutional obligation to eliminate dowry, the Supreme Court of India has observed that eradicating the dowry system is not merely a matter of statutory enforcement but a constitutional imperative . The Court has urged the Union and State governments to consider amending educational curricula to raise awareness among young citizens about the social evil of dowry and has directed High Courts to compile data on pending dowry-related cases to ensure their expeditious disposal. Background of the Case The directions were issued while deciding a 24-year-old criminal appeal arising from a dowry death case registered in 2001 in Bijnor, Uttar Pradesh . The accused, Aslam Beg , was convicted for setting his wife, who was barely 20 years old , on fire. In October 2003 , a trial court convicted Aslam Beg and his mother Jamila , sentencing them to life imprisonment . In 2017 , the Allahabad High Court acquitted both accused. The Supreme...

Supreme Court Expands Jurisdiction Under POSH Act: Complaint Can Be Probed at Complainant’s Workplace

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Background of the Case In a significant judgment strengthening workplace safety for women, the Supreme Court of India has clarified that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can be initiated at the workplace of the complainant , even if the accused employee belongs to a different department or employer . The ruling settles a long-standing ambiguity on the jurisdiction of Internal Complaints Committees (ICCs) and rejects the narrow interpretation that only the ICC of the accused employee’s department can inquire into allegations of sexual harassment. Facts of the Case The appellant was a 2010-batch Indian Revenue Service (IRS) officer . The complainant was a 2004-batch Indian Administrative Service (IAS) officer , posted in the Department of Food and Public Distribution . The alleged incident of sexual harassment took place in May 2023 at Krishi Bhawan, New Delhi , a common government workplace. The ...

Supreme Court May Frame Sensitivity Norms for Courts Handling Sexual Assault Cases

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The Supreme Court of India has expressed serious concern over the lack of sensitivity shown by several courts in cases involving sexual assault victims. Taking suo motu cognisance of an “insensitive and inhuman” judgment of the Allahabad High Court from March 2024, the Supreme Court has indicated that it may introduce comprehensive, gender-sensitive procedural guidelines applicable across all courts in the country. Background: Allahabad High Court’s Controversial March 17 Judgment The controversy began with a March 17 ruling of the Allahabad High Court which held that grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to drag her under a culvert did not amount to an attempt to rape. The High Court downgraded the charge from attempt to rape to Section 354B IPC and certain POCSO provisions, claiming that the act had not progressed sufficiently to constitute an attempt. The Supreme Court immediately suspended this ruling, calling it “unfortunate”, “inse...

Supreme Court Affirms: Divorced Muslim Woman Has a Right to Recover Dower, Dowry and Gifts

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The Supreme Court of India has delivered a landmark ruling reinforcing the financial rights, dignity and constitutional protections of divorced Muslim women. In a significant judgment, the Court held that a Muslim woman is legally entitled to recover all property, cash, gold and other articles given to her or her husband by her family at the time of marriage. This decision strengthens the interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring that divorced women are not denied their rightful property due to patriarchal norms or narrow statutory interpretation. Items Given at Marriage Are the Woman’s Property The Supreme Court categorically stated that all items given by the woman’s family to the groom’s side—whether in the form of dower (mehr), dowry, or gifts—must legally be treated as the woman’s property. The bench, comprising Justices Sanjay Karol and N. Kotiswar Singh, held that after the dissolution of marriage, these items must be returned ...

Calling Failed Relationships Rape Trivialises the Offence: Supreme Court

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The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...

Justice for Priyadarshini Mattoo: Citizens and Family Oppose Reconsideration of Convict’s Premature Release

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Public Appeal to Delhi Home Minister Against Reconsideration In a powerful letter addressed to Delhi Home Minister Ashish Sood , Hemant Mattoo , brother of Priyadarshini Mattoo , along with concerned citizens and activists, has urged the government to reject any reconsideration for the premature release of life convict Santosh Kumar Singh . The appeal follows the Delhi High Court’s decision to set aside the Sentence Review Board (SRB)’s earlier rejection , asking it to review the matter afresh. Context of the Conviction: Brutal Rape and Murder Priyadarshini Mattoo , a law student, was brutally raped and murdered by Santosh Kumar Singh on January 16, 1996. Singh, the son of a senior IPS officer, had allegedly stalked and harassed Mattoo for months. Despite multiple police complaints lodged between February and November 1995, including incidents of stalking, attempted break-in, and assault, the authorities failed to act effectively. Her repeated pleas for protection were ignored....

Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law

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Triple Talaq: Supreme Court Seeks Data on FIRs Filed Under the 2019 Law The Supreme Court of India has sought an affidavit from the Centre detailing the total number of FIRs registered and charge sheets filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019 —the law that criminalizes Triple Talaq and imposes a jail term of up to three years for violators. 💡 Key Question Before the Court: Should Triple Talaq , which is already invalidated , be criminalized ? 🔍 What Is Triple Talaq? Triple Talaq , also known as Talaq-e-Biddat , is an instant divorce practice among certain sects of Indian Muslims , where a husband could unilaterally divorce his wife by simply uttering "Talaq" three times— verbally, in writing, or even over a text message! 📲📞✉️ This practice often left Muslim women in a state of social, financial, and emotional turmoil with no legal recourse . ⚖️ Supreme Court’s Intervention & the 2019 Law 🔹 August 22, 2017 – The S...