Role of Judiciary in protection

and promotion of women rights

•  No country can ever truly flourish if it stifles
the potential of its women and deprives itself
of the contributions of half its citizens" :
Michelle Obama
 Introduction
• Former CJI M.V Ramanna Drawing from the
ideas of Karl Marx, remarked that women of
the world must unite because they have
nothing to lose but their chains. He
observed that women must 'shout with
anger and demand 50% reservation', not
as charity but as a matter of right.
• It is a known fact that women have been struggling
for decades trying to fight the patriarchal mindset
and stereotypes which come along with it.
• the Judiciary has an important role to play in
reflecting women's strength, redefining
patriarchal laws and paving a way ahead for
women when patriarchal mindset,
stereotypical notions and deep-rooted
misogyny in the society poses a hurdle.
• The Supreme Court of India witnessed a
historic moment in the year 2021, when three
women took oath as judges of the Supreme
Court, making the total count of women
judges three out of a total of 33 judges, still
not an adequate representation it will hopefully
be a good start to a more gender-equal future
in the judiciary.
 Recent Cases
• Recently in the case of The secretary, Ministry of Defense V.
Babita Puniya & ors 2020, In this case the court also held
that the absolute exclusion of women from command
assignments is against Article 14 of the Constitution and
unjustified.
 Federation of Obstetric and Gynecological Societies of India
(FOGSI) v. Union of India& Ors. (2019) S.C held that "Giving
preference to a male child is violative of Article 39A of the
constitution and against the mandate of Article 51A (e) which
casts a Constitutional duty on citizens to renounce practices
derogatory to the dignity of women."
• Kirti vs. Oriental Insurance Company Ltd, SC
Observe that “the conception that house makers
do not "work" or that they do not add economic
value to the household is a problematic idea that
has persisted for many years and must be
overcome”.
• X vs. State of Jharkhand held that “a rape
victim suffers not only a mental trauma
but also discrimination from the society”
• Aparna Bhat and others v. State of Madhya Pradesh “
the S.C Set aside the “ rakhi-for-bail” order.
 Joseph Shine v. Union of India (2018) "The five-judge
bench unanimously struck down Section 497 IPC
saying that it was unconstitutional since the very basis
for criminalising adultery was the assumption that a
woman is considered as the property of the husband
and cannot have relations outside the marriage.
 Shayara Bano v UOI India, 2017, the practice of talaq-
e-biddat- triple talaq is set aside.