Since the early days, women have fought hard to win the right to be treated equally in all aspects of life. Through landmark decisions of the Supreme Court, women have won important rights such as the right to vote and equality before the law.
Despite these successes, there is still a long way to go before every woman in India can aspire to reach her full potential. This is where the courts come in – each year they deliver important decisions that expand women’s rights.
Here are 5 landmark decisions to protect women’s rights in India.
1. Marital rape
In India, the subject of marital rape has long been considered taboo. In a landmark decision, the Supreme Court has ruled that marital rape constitutes a form of rape under the Medical Termination of Pregnancy (MTP) Act.
The ruling came in a judgment in which the Supreme Court was interpreting the Medical Termination of Pregnancy Act and its regulations to end discrimination against married and unmarried women by medical means. How to allow abortion up to 24 weeks of pregnancy.
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2. Right to abortion
The Supreme Court has ruled that all women, regardless of their marital status, are entitled to safe and legal abortion up to 24 weeks of pregnancy, in a historic ruling other.
A three-judge bench headed by Justices DY Chandrachud, AS Bopanna and JB Pardiwala had on September 29 held that discrimination against women based on their marital status was perverse their equal rights.
3. Mother Decides Your Child’s Last Name
The Supreme Court ruled in July 2022 that a woman, as the child’s sole natural guardian, has the right to choose the child’s surname and cannot be prevented from taking the child into his new family and chooses the surname even after the child passes away the first spouse.
In addition, she was also allowed to adopt the child. Justices Dinesh Maheshwari and Krishna Murari said: “The mother is the sole natural guardian of the child with the right to decide the child’s surname.”
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4. Prohibit two-finger checking
The Supreme Court of India again raised objections to the use of “two-finger test” in rape and sexual assault cases in October 2022. Doctors caught performing the test will be found guilty of misconduct, the bench added warning.
In 2013, the SC ruled that the two-finger test, also known as “virginity test” or “each vagina” test, is unconstitutional. The exam “violates rape victims’ rights to privacy, physical and mental integrity, and dignity.”
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5. Asking for money to build a house is a dowry
In its judgment in State of Madhya Pradesh v. Jogendra & Anr., the Supreme Court decided to broaden the definition of “dowry”. The Supreme Court declared that any claim on a woman, whether for property or valuables, must be considered a “dowry”.
The Dowry Prohibition Act of 1961 defines “dowry” as “any property or valuable security” exchanged between parties to a marriage.
Women have long been oppressed in India and most other countries around the world. The situation remains dire despite many movements to empower women. Women are still denied many rights, have limited access to educational and economic resources, and endure profound discrimination and prejudice. It is hoped that the Supreme Court’s landmark judgments on several important issues will help elevate and elevate the status of women in India.
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Source: pagasa.edu.vn