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4 Milestone Verdicts By Justice DY Chandrachud That Affected Women

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Avishka Tandon
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Justice Dhananjaya Yeshwant Chandrachud was sworn in as the 50th Chief Justice of India today, 9 November. He was administered the oath of office by President Droupadi Murmu at a ceremony in Rashtrapati Bhavan. He was recommended by the current Chief Justice Of India Uday Umesh Lalit as his successor to the position. Justice Chandrachud has been serving as a Supreme Court judge for almost 8 years now.
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Justice DY Chandrachud will serve as the head of the Supreme Court for two years -- till November 10, 2024.

In 2016, Justice DY Chandrachud joined Supreme Court and has since become one of the most profound judges and has been a part of about 220 cases and verdicts. The 63-years-old judge is the son of longest serving Chief Justice Of India, Yeshwant Vishnu Chandrachud and was recommended to be the 50th CJI by the current CJI UU Lalit at a gathering in the presence of all Supreme Court judges. If appointed, DY Chandrachud and YV Chandrachud will be the only father-son duo to serve as the CJI. During his tenure in SC, Justice Chandrachud has given many landmark verdicts that directly affected the female community and were in favour of them. Here's remembering a few of them.


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DY Chandrachud Verdicts On Women: 4 Landmark Mentions

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Sabarimala Verdict

In 2018, Justice Chandrachud was part of the bench hearing the Indian Young Lawyers Association vs State Of Kerala case. It was against of the age-old practice of the Sabarimala Temple that did not allow females of menstruating age from entering and worshipping in the temple. Justice Chandrachud declared the practice unconstitutional as it violated multiple articles of the Indian Constitution.

The Adultery Law Reversal

Justice Chandrachud played an important role in striking down the Indian Penal Code Section 497 or the Adultery Law that deprived women of sexual autonomy. He was part of the five-judge SC bench in 2018 that called the section unconstitutional as it violated Articles 14, 15 and 21 of the Constitution which talked about equality, indiscrimination and protection of life and personal liberty. Doing so, he overturned the judgement of his father and former CJI YV Chandrachud who upheld the law validly.

Right To Legal Abortion

A Supreme Court bench led by Justice Chandrachud in 2022 declared legal and safe abortion a right for every woman till 24 weeks of pregnancy as per the Medical Termination of Pregnancy act. The court made some important observations that said that women mean every individual that has a reproductive system and needs of the female sex and not just cis-women, abortion should be available to marry and unmarried women without discrimination, individual autonomy and women's right to their body.

Recognition Of Marital Rape As A Crime

The Indian Constitution declares non-consensual intercourse as rape according to Section 375 of IPC but non-consensual intercourse between a man and his wife who is not under fifteen years of age is not considered rape under IPC. While hearing a case regarding legal abortion, Justice Chandrachud recognised marital rape as an important part of the definition of rape in the Constitution with reference to the Medical Termination of Pregnancy Act and Rules. "The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations," said Justice Chandrachud recently during the Supreme Court's judicial recognition of marital rape in September 2022.

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