SUBJECT: PUBLIC INTERNATIONAL LAW AND

HUMAN RIGHTS
TOPIC: ANY TWO JUDGMENTS ON RIGHTS OF
WOMEN
1. SHAYARA BANO V UNION OF INDIA (UOI), WP (C) 118/2016: A LANDMARK
JUDGMENT ON WOMEN’S RIGHT AND PERSONAL LIBERTY

Shayara Bano v Union of India (UOI), WP (C) 118/2016 is a historic legal battle that has left
an indelible mark on India’s legal and social landscape. This landmark case centers on the
contentious practice of “Triple Talaq” or instant divorce prevalent in the Muslim
community. Shayara Bano, a brave woman hailing from Uttarakhand, challenged the
constitutionality of Triple Talaq, arguing that it violated her fundamental rights and inflicted
grave injustices upon Muslim women.

 Background of the Case

The Shayara Bano case emerged from the deep-rooted and contentious issue of Triple
Talaq, a practice that allowed Muslim men to divorce their wives by pronouncing “talaq”
three times, often in a single sitting, without any scope for reconciliation or legal recourse
for the affected women. This arbitrary and unilateral practice left countless Muslim
women vulnerable, disempowered, and without any means of sustenance or support.

Shayara Bano’s life changed forever when her husband divorced her through a letter,
invoking the dreaded words of Triple Talaq. Left without any financial or emotional
support, Shayara Bano decided to challenge this regressive practice that denied her the
dignity and autonomy she deserved as a woman and a citizen of India.

 Supreme Court’s Observations

The Supreme Court’s observations in the Shayara Bano case were groundbreaking and
transformational, setting new precedents in the pursuit of gender justice and personal
liberty:

 Fundamental Rights: The Court reaffirmed that the right to equality (Article 14), right to
life with dignity (Article 21), and right to freedom of religion (Article 25) were
fundamental rights enshrined in the Indian Constitution. It emphasized that these rights
were available to every citizen, regardless of their religion.
 Unconstitutional and Arbitrary: The Court held that Triple Talaq, in its practice, was
unconstitutional, arbitrary, and violated the principles of gender justice and equality. It
recognized the need to protect Muslim women from this unjust and archaic practice.
 Personal Laws and the Constitution: The judgment reiterated that personal laws,
irrespective of their religious origin, must conform to the principles of the Constitution.
Personal laws cannot override fundamental rights and principles of justice and equality.
 Protection of Women’s Rights: The Court acknowledged the severe implications of
Triple Talaq on women’s rights and dignity. It recognized that women must be accorded
equal respect and protection under the law, without discrimination based on religious
customs.
 Need for Legislative Action: While the Court declared Triple Talaq as unconstitutional, it
left the matter open for legislative intervention. It called upon the Indian government and
Parliament to enact a suitable law to address the issue.

 Impact and Aftermath

The Shayara Bano vs UOI judgment had a far-reaching impact on Indian society and the
legal framework:

1. Empowerment of Women: The judgment empowered Muslim women by acknowledging

their agency, autonomy, and rights, even within personal laws.
2. Legal Precedent: The judgment set a strong legal precedent, reaffirming the primacy of
the Indian Constitution and the protection of fundamental rights over any personal or
religious practices.
3. Legislative Reforms: The case prompted the government to take swift legislative action,
leading to the passage of the Muslim Women (Protection of Rights on Marriage) Act in
2019, which declared Triple Talaq as void and illegal.
4. Public Discourse and Awareness: The case ignited public debates and discussions on
gender justice, personal laws, and the need for reforms to safeguard women’s rights.

 Challenges and Ongoing Efforts

 Despite the significant progress made by the Shayara Bano case, certain challenges
persist:

 Societal Attitudes: Eradicating deeply ingrained patriarchal attitudes and prejudices

remains an ongoing challenge in promoting gender justice and equality.
 Effective Implementation: Ensuring the effective implementation of the legislative
reforms and the protection of women’s rights requires continuous efforts and vigilance.
 Access to Justice: Ensuring access to legal resources and support for women facing the
brunt of Triple Talaq or other gender-related issues is vital.
 Awareness and Sensitization: Efforts to raise awareness and sensitize communities about
gender equality and women’s rights must continue.

The Shayara Bano v UOI, WP (C) 118/2016 judgment will be remembered as a

defining moment in India’s struggle for gender justice, personal liberty, and women’s
rights. The Supreme Court’s observations reaffirmed the supremacy of the Indian
Constitution and the importance of upholding fundamental rights, even in matters of
personal laws. The case spurred legislative reforms and legislative measures to protect
Muslim women from the injustice of Triple Talaq. However, the journey towards gender
equality and social justice is ongoing, necessitating sustained efforts to challenge
regressive practices and ensure the empowerment and dignity of all individuals,
irrespective of their gender or religious affiliation.
2. VISAKHA V STATE OF RAJASTHAN, AIR 1997 SCC 3011: A LANDMARK
JUDGMENT ON THE COUNTRY’S FIGHT AGAINST SEXUAL HARASSMENT

In 1997, the Supreme Court of India delivered a groundbreaking judgment in the case of
Visakha vs State of Rajasthan, AIR 1997 SCC 3011. This landmark case is a crucial
milestone in India’s legal history and has had a profound impact on the country’s fight
against sexual harassment.

 Background of the Case

The Visakha case arose from a deeply troubling incident of sexual harassment that
occurred in a government office in Rajasthan. A female government employee was
subjected to persistent and unwanted advances by her superior, creating a hostile and
unsafe work environment for her. Despite her attempts to seek help, her complaints were
met with indifference and inaction, leaving her with no choice but to take legal recourse.

 Filing of the Case

With the support of various human rights organizations and activists, the victim filed a
petition against the State of Rajasthan, seeking justice and accountability for the
traumatic experience she endured. The case reached the Supreme Court, which brought to
light the absence of explicit laws and guidelines to address sexual harassment in
workplaces across the country.

 Supreme Court’s Observations

The Supreme Court’s judgment in the Visakha case was a watershed moment in the fight
against sexual harassment. The Court recognized that sexual harassment violates a
woman’s fundamental right to a safe and dignified workplace. It laid down
comprehensive guidelines, often referred to as the “Vishaka Guidelines,” to prevent and
address sexual harassment in all workplaces until specific legislation was enacted.
 The Vishaka Guidelines mandated the establishment of Internal Complaints Committees
(ICCs) in every organization to provide a mechanism for employees to report incidents of
harassment. These committees were required to be composed of both internal and
external members, ensuring impartiality and transparency in the redressal process. The
Court also emphasized the importance of sensitizing employees and employers about the
issue through awareness programs.

 Key Takeaways from the Case

The Visakha case had far-reaching implications and brought about significant changes in
India’s approach to combating sexual harassment. Some key takeaways from the
judgment include:

 Recognition of Sexual Harassment as a Violation of Rights: The judgment recognized

that sexual harassment is not just a personal matter but a violation of a woman’s
fundamental right to equality and a safe workplace.

 Establishment of Internal Complaints Committees (ICCs): The Vishaka Guidelines

mandated the establishment of ICCs in all workplaces to provide a safe platform for
victims to report incidents and seek redressal.

 Awareness and Prevention: The Court emphasized the importance of awareness programs
to sensitize employees and employers about sexual harassment and ways to prevent it.

 Precedent for Legislative Action: The case set a precedent and laid the groundwork for
the enactment of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act in 2013.

 Impact and Aftermath

The Visakha judgment had a profound impact on India’s legal landscape and social
consciousness. It sparked nationwide discussions about workplace safety and the rights of
women. Organizations across the country began taking sexual harassment more seriously,
implementing the Vishaka Guidelines and adopting preventive measures.
 The case also brought about a significant change in legislation. In 2013, India enacted the
Sexual Harassment of Women at Workplace Act, which built upon the Vishaka
Guidelines and provided a more robust legal framework for addressing sexual
harassment.

 Challenges and Criticisms

While the judgment was a significant step forward, it also faced challenges and
criticisms. Some of the criticisms include:

 Lack of Specific Legislation at the Time: The lack of specific legislation at the time of
the judgment led to the formulation of the Vishaka Guidelines, which some argued were
not binding.

 Need for Ongoing Awareness and Implementation: Despite the guidelines and subsequent
legislation, ensuring effective implementation and awareness continues to be a challenge
in various workplaces.

 Inequality in Access to Redressal Mechanisms: In some cases, victims might face barriers
to accessing redressal mechanisms, particularly in marginalized and informal sectors.

 Global Implications

The judgment in the case garnered attention beyond India’s borders and served as a
precedent for other countries grappling with the issue of sexual harassment. It inspired
several nations to enact or strengthen their own laws and policies against workplace
harassment.

The Visakha vs State of Rajasthan case was a watershed moment in India’s fight against
sexual harassment. It led to the formulation of the Vishaka Guidelines, which provided a
much-needed interim framework until specific legislation was enacted. The case has left
a lasting impact, reshaping workplace safety measures, and fostering awareness about the
importance of combating sexual harassment. While challenges persist, the case remains a
powerful reminder of the ongoing struggle for gender equality and a safe work
environment for all.