One may say, that the law on the subject of child sexual abuse, both substantive and procedural, is the result of judiciary’s initiative, persuasion and efforts.
As regards the practice of oral triple talaq also, much before the legislature enacted the law, prohibiting the same and making it an offence punishable with imprisonment, the judiciary put lot of restrictions on the said practice.
The Judiciary has always molded itself into the role of champion for women’s rights. If any adverse discrimination against women, was noted by the Judiciary in any of the existing laws and State actions, the Judiciary was quick to strike it down.
Here’s how the Indian Judiciary has stood up to the menace of sexual crimes committed against women.
The court also took judicial notice of the fact that families of single parents are on increase because of various reasons like unwed mothers, sex workers, surrogate mothers, rape survivors, children abandoned by father and also children born through IVF technology.
The earliest legislation bringing female into inheritance was the “Hindu Law of Inheritance Act 1929”, conferring inheritance rights on three classes of female heirs only, viz, son’s daughter, daughter’s daughter and sister.
Most communities and religions believe that menstrual blood is dirty and impure and menstruating women unhygienic and unclean. Hence, menstruating women and girls are subject to various forms of restrictions.
The decision regarding whether to continue a pregnancy or terminate it, should fundamentally be the decision of a woman and Indian judiciary ensures that.
Sexual harassment at workplace is a classic case where the court had taken upon itself the onus of safeguarding the fundamental rights of working women even in the absence of a domestic law.
Gender biased sex selection is a result of a complex web of social, economic and cultural factors. The most dominant contributory factors are the deeply entrenched son preference, rapid decline in fertility, and access to technology and its misuse.
The Courts have on various occasions upheld the rights of women who have been denied maternity benefits by upholding their right to a safe and discrimination-free work environment.
While violence denies women the right to survival, well- being and development, the fact is that most violence goes unreported because it occurs within the most intimate and trusted relationships.