Case Laws on Gender Justice
The Secretary, Ministry of Defence vs Babita Puniya & Ors., 2020
Discrimination on the basis of sex is a violation of Articles 14, 19 and 21. The women candidates should also be allowed to join NDA and Army. Regardless of the gender of any individual, if they fulfil the prerequisite conditions.
Federation of Obstetric and Gynecological Societies of India vs Union of India, 2019
Giving the preference to a male child is a violation of Article 39A of the Indian Constitution. We should renounce this practice of prenatal sex determination. It is termed derogatory by the Hon'ble Court,
Joseph Shrine vs UOI, 2018
Section 497 of IPC, 1860 is unconstitutional. It violates the right to privacy and liberty.
Danamma @Suman Surpus vs Amar, 2018
The right of a daughter to be entitled an equal share in the property right. (Hindu Succession Act, 1956)
Mackinnon Mackenzie & Co. vs Audry D'Costa & Anrs. 1987
It was held that certain jobs such as confidential stenographer to be regarded as only for women candidates is held discriminatory. It is a violation of equal pay for equal work.
Raj Kumari vs Commissioner of Police Hyderbad
This case is regarding the obscene projection of the beauty pageant. Whether such an act would be in derogation of the women's dignity? The Andra Pradesh High Court held that such an act is subjective according to public morality. However, it would be a violation of Articles 14, 21 and 51(A) in case it would be not acceptable according to public morality.
Leela vs State of Kerala
Special provisions such as reservation of seats in Panchayats and Article 15(3) is regarded as positive discrimination. It is a valid act as it is related to positive discrimination.
State of Tamil Nadu vs Suhas Katti
Messaging explicit or sexting a lady without her wish and later posting obscene content regarding her refusal to proposal would be punishable under Section 66A of IT Act, 2000 and under IPC, 1860
Suchita Singh vs Union of India
It was held that every women has the right to make decision whether to carry on pregnancy or not.
State vs Ram Singh & Anrs. (Nirbhaya Case)
The mutilation of a young and innocent girl was considered a horrendous task. It has touched the zenith of the rarest of the rare case and the offender was punishable by death punishment.
Laxmi vs Union of India
In this case 'Acid Attack' is considered a horrendous crime. Therefore, strict action regarding the same was suggested by the Hon'ble Court.
Indian Young Lawyer Association vs State of Kerala
It was held that debarring women of mensurating age from entering the temple of Lord Ayyapa in Kerala was discriminatory.
Joseph Shrine vs UOI
Article 497 of IPC was challenged as discriminatory as it destroys the dignity of women. It somehow makes the female candidates inferior or subordinate to male counterparts. Now, there is a gender-neutral status regarding this domain.
Latifi vs UOI, 2001
Gender Discrimination with an intimate partner in live-in relation is also an offence.
Khurana & Ors. vs UOI, 2014
It is discriminatory to make discrimination while appointing a male counterpart in comparison to a female candidate of equal qualification, solely based on gender.
Sarma vs VKV Sharma
In this case it was held that domestic violence in case of live-in relation would also be chargeable as an offence.
State of Maharashtra vs Indian Hotel & Restaurants Association 2013
In this case is was held that even in the dance clubs, there should be proper work conditions for the women workers.
Shekhara vs State of Karnataka, 2009
In this case, it was held that if a man induces a girl into sexual intercourse on the false promise of marriage, would amount to sexual violence and rape.
Noor Jahan vs State Representative DSP
In case of dowry-related deaths, there is imprisonment of up to 3 years. It would be chargeable under sections 302 and 498(a) of the Indian Penal Code.
State of Punjab vs Ramdev Singh
Lack of any physical evidence of sexual abuse cannot be the ground for acquittal of the case in rape.
Roxann Sharma vs Arun Sharma 2015
In case the child is below the age of five years, it should be in the custody of the mother. This would be the case if she is well-educated and self-sufficient.
Shamima Farooqi vs Shahid Khan 2015
A divorced Muslim woman would be given the maintenance under section 125. This maintenance should be crafted such that she would find it sufficient to maintain her children or any other such dependant.
Kakali Ghosh vs Chief Secretary Andaman and Nicobar Admin, 2014
In case a woman has a minor child, she would be eligible to avail 730 days paid leave as maternity relief leave.
D. Velusamy vs D. Patchaiommal, 2010
Violence in the case of a live-in relationship would be covered under the Domestic Violence Act, of 2005.
Suchita Srivastava & Anrs. vs Chandigarh Administration 2009
The termination of a mentally retarded woman cannot be terminated without her consent.
Army Garg & Ors. vs Hotel Association of India & Ors., 2007
In this case, the Supreme Court approved protective discrimination in the case of women related to employment. The harmonious construction of Article 15 (1) and Article 15(3) has been discussed here.
Vijay Lakshmi vs Punjab Uni & Ors. 2003
The preference for a women's warder in the college or hostel is a form of protective, preventive and precautionary measure based on the public morals.
Centre for Enquiry into Health and Allied Themes (CEHAT) vs UOI, 2003
The Apex Court directed guidelines related to female foeticide.
Daniel Latifi vs Union of India, 2001
The liability to pay for the maintenance of a Muslim wife is not confined to the iddat period only.
Municipal Corporation of Delhi vs Female Workers (Muster Roll), 2000
It is okay to ask women for lighter work at the time of advanced pregnancy or labour period. This would be not discriminatory. It would not violate equal pay for equal work.
Ms. Gita Hariharan & Anrs. vs Resolve Bank of India & Anrs.
Both mother and father are the natural guardians of a child. Whoever is capable of welfare and is deeply interested in welfare can become the guardian.
Shayara Bano vs Union of India, 2017
In this case, the year-long practice of Triple Talaq was considered unconstitutional.
Gaurav Jain vs UOI and Ors. 1997
The children of a prostitute would have an equal right to live with dignity, care and protection. Rehabilitation should be done so as to make them accustomed to mainstream social life.
Vishaka & Ors. vs State of Rajasthan & Ors. 1997
In this case, the problem guidelines were issued to protect against sexual harassment at the workplace.
Madhu Kishwar & Ors. vs State of Bihar & Ors. 1996
The court directed the disposal of the petition in favour of the woman and her dependents.
Delhi Domestic Working Women's Forum vs Union of India & Ors.
In case of a sexual assault against a woman, proper legal representation should be provided to the victim. Additionally, psychiatric consultation should be provided.
Uttrakhand Mahila Kalyan Parishad vs State of UP, 1995
It would be no justification to provide the women teachers less pay as compared to their male counterparts. It would be a violation of the Right to Equality and equal pay for equal work.
Mrs. Neeru Mathur vs LIC, 1991
The LIC was directed to delete the provision regarding the column for the disclosure of problems such as menstrual periods regular or irregular, the number of contraceptives taken etc. There should be no denial of leaves on this basis.
Bombay Labour Union Vs International Franchise Private Limited, 1965
It would be no justification to provide women less pay as compared to their male counterparts. It would be a violation of the Right to Equality and equal pay for equal work.
B. Shah vs Presiding Officer, Labour Court, 1977
Maternity leave includes 260 days and more such leaves. Ultimately, this would be conducive to the interest of both men and women.
V. Tulasamma and Ors. vs V. Sesha Reddi (Dead) by LRs (1997)
The Hindu female's right to maintenance is not an empty formality. It forms a part of a spiritual relationship between men and women.
CB Muthumma vs Union of India, 1979
If the women counterpart has to obtain permission from the government for their marriage, the same should be the reasoning behind the male counterparts.
Air India vs Nargesh Meerza, 1981
The termination of a women's employment once she has gotten pregnant would be a violation of Articles 14, 19 and 21.
Mrs. Mary Roy vs State of Kerala & Ors. (1986)
No personal laws can override constitutional provisions. Article 14, Article 15, and Article 21 cannot be paramount by any other laws.
State of Maharastra & Anrs. vs Madhukar Narayan Mardikar, 1990
Even a woman of easy virtue cannot be denied justice. She also has the same kind of privacy that no one can invade into.
The need of the hour is to imbibe the principles of equality, liberty and legal literacy so that women can also be empowered and know their rights!!
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