For the last day, Prajnya organized
a symposium, Outlawing Gender Violence, for
legal professionals and students. Sexual Harassment, Sexual Assault
and Violence and Domestic Violence were some of the key issues that
were discussed.
What are the major decisions of the Indian
Judiciary relating to the Rights of Women?
- C.B. Muthamma vs. Union of India
(AIR 1979 SC 1868): The Supreme Court of India
laid down that seniority promotion shall not be denied on the ground
of sex.
- Air India vs. Nargesh Meerza (AIR
1981 SC 1829): The Supreme Court of India confirmed that a woman
shall not be denied a job on mere gender grounds.
- Mohammed Ahmed Khan v. Shah Bano
(AIR 1985 SC 945): The Supreme Court granted
equal right of maintenance under Section 125 of the Criminal
Procedure Code 1973 to a divorced married woman notwithstanding the
personal law.
- -Bodhisattwa
v. Ms. Subhra Chakraborty (AIR
1996 SC 922): The Supreme Court held that rape is a crime against
basic human rights.
- Vishakha v. State of Rajasthan
(AIR 1997 SC 301): The Supreme Court, considering
the inadequacy of legislation on the point, assumed the role of
legislature and defined sexual harassment and laid down instruction
for the employers.
- Apparel Export Promotion Council v.
A. K. Chopra (AIR 1999 SC 625):
The Supreme Court found all facets of gender equality including
prevention of sexual harassment in the fundamental rights granted by
the Constitution.
- Githa Hariharan v. Reserve Bank of
India (AIR 1999 SC 1149): The
Supreme Court interpreted Section 6(a) of Hindu Minority and
Guardianship Act, 1956 and Section 19(b) of the Guardians and Wards
Act, 1890 in such a way that father and mother get equal status as
guardians of a minor.
- Municipal Corporation of Delhi v.
Female Workers (Muster Roll) (AIR
2000 SC 1274): The Supreme Court extended the benefits of the
Maternity Benefit Act, 1961 to the Muster Roll (Daily Wagers) female
employees of Delhi Municipal Corporation. The Court directly
incorporated the provisions of Article 11 of CEDAW into Indian Law.
- Chairman, Railway Board v. Chandrima
Dass (AIR 2000 SC 988): The
Supreme Court awarded compensation of Rs. 10 lakhs to an alien woman
under Article 21 of Constitution, who has been a victim of rape.
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