Progress doesn’t happen in a day, and defeating patriarchy isn’t easy. And yet, every year, the Indian courts—whether it’s the Supreme Court or the High Courts of the states—make judgement calls on cases that do indeed spell progress and the slow-but-sure elimination of patriarchy. In 2022, Her Circle reported many such court rulings that favoured the rights of women and other marginalised communities. Here are a few handpicked ones we know indicated that we’re on the right track for progress.
Supreme Court Questions The Army About Bias Against Women
In November 2022, the SC questioned the Indian Army and the Centre about withholding promotions to women. At least 34 women officers approached the court alleging the blatant gender discrimination when it comes to promoting women to the rank of Colonel. The SC bench consisting of DY Chandrachud and Hima Kohli asked the authorities to specify the steps being taken to address this issue forthwith.
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Unmarried Women & Abortion Rights
In August 2022, the SC said that unmarried women have the same right to abortion as widowed or divorced women till up to 24 weeks. The bench, consisting of DY Chandrachud, AS Bopanna and JB Pardiwala, made this judgement while hearing the case of a 25-year-old woman who challenged the low 20-week limit that applies to single women seeking an abortion under the Medical Termination of Pregnancy Act of 1971.
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A Working Woman’s Statutory Right To Maternity
Despite maternity leaves being a legal right, many women are still forced to drop out of the workforce after childbirth. To counter that in one of its cases, the SC bench consisting of DY Chandrachud and AS Bopanna ruled that any employed woman has the statutory right to avail of maternity leave, and it cannot be denied under circumstances, including if she has taken said leave to care for her husband’s children from a previous marriage.
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Supply Of Sanitary Napkins For Girls
The Delhi High Court ordered the Delhi government in August 2022 to ensure an uninterrupted supply of sanitary napkins to all girl students in government schools under the Kishori Yojana Scheme. The judgement was made when a petition revealed that the Directorate of Education had stopped supplying the same since January 2021, which led to girl students facing immense issues and even quitting school.
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A Woman’s Right To Residency In Parents’ & In-Laws’ Home
In June 2022, the Supreme Court observed that a woman has the right to reside at the houses of her mother as well as her mother-in-law. The bench, consisting of Ajay Rastogi and BV Nagarathna, said that nobody has the right to throw out a woman simply because they have a dislike of her. If said woman is misbehaving then the court can put conditions to ensure peace at home.
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Kerala HC Questions Girls’ Hostel Curfew
In December 2022, the Kerala High Court questioned the night curfews placed on women and girls at the Kozhikode Medical College. The response came in when five women students filed a petition against the government order restricting the movement of women hostellers after 9.30PM. The HC went on to ask the state government to ensure that women are given the same freedoms that men are.
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Transgender Person’s Right To Choose Gender
In June 2022, the Odisha High Court granted a transgender woman her family pension claim. The single bench consisting of Aditya Kumar Mohapatra said that everyone has the right to choose their gender, and cannot be discriminated against on the basis of it.
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Recognising Marital Rape As Rape
In March 2022, the Karnataka High Court was one among many Indian High Courts that asked for a judicial reconsideration of the marital rape exception in the Indian Penal Code (IPC). The single-judge bench of M Nagaprasanna declined to drop charges against a man for repeatedly sexually assaulting his wife on the basis tthat marriage does not provide any special privilege to a husband to abuse any woman, even if she’s his wife.
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Irregular Periods, Hormonal Imbalance Don’t Make Women Impotent
The Madras High Court, in August 2022, rejected a husband’s petition seeking divorce from his wife on the basis of her health issues. The man claimed that the court should declare his marriage null and void because his wife is unfit for a marital life due to hormonal imbalance, menstrual issues and genitals. The court in turn said that hormonal imbalance and irregular period do not prove a woman’s impotency.
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Husband’s Consent Not Required For Abortion
In September 2022, a single-judge Kerala High Court Bench consisting of VG Arun allowed a woman to terminate her 21-weeks-old pregnancy without needing her husband’s consent. The court observed that as per the Medical Termination of Pregnancy Act, women do not need any consent from their husbands to get an abortion. VG Arun also noted that if the woman is separated or divorced or widowed, this fact still does not change.
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