"Please extinguish the heat of the fire,
burning in the hearts of poor woman.
This poet does not oppose you rather
he is humbly requesting all
to please eradicate these piteous problems in the modern age." -- Manmohan Acharya
I believe that the Definition of Women Empowerment can be perceived in disparate
perspectives. However, the solus essentia that can be derived from copious
disparate perspectives is that it is an approach that concocts the ability in
women to live a life with dignity in the society. In the year 2021, the Courts
in India also perceived women empowerment in a progressive sense and gave us
magnificent judgments to remember.
- Kirti v. Oriental Insurance Company Ltd., 2021 Supreme Court
The 3-judge bench of Chief Justice of India NV Ramana, Justice SA Nazeer
and Justice Surya Kant J held that a notional income should be fixed for a
homemaker for grant of compensation is a settled preposition of law.
- Lt. Col. Nitisha v. Union of India, 2021 Supreme Court
The Division bench of Justice Dr. D.Y Chandrachud and Justice M.R Shah held that
for the grant of Permanent Commission in Women Short Service Commissions, the
benchmark of the women officers lowest in merit in the corresponding male batch
by the Indian Army Authority is arbitrary and irrational.
- Kush Kalra v. Union of India, Writ Petition(s)(Civil) No.1416 of 2020,
18-08-2021
The Division Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy
issued interim direction permitting the women candidates to take part in the
National Defence Academy (NDA) examination.
- Attorney General for India v. Satish, 2021 Supreme Court
The 3-judge bench of Justice UU Lalit, Justice Bela Trivedi and Justice S.
Ravindra Bhat has set aside the Bombay High Court (Nagpur Bench) judgment that
observed unless there is a skin to skin contact; sexual offence cannot be
attracted in POCSO. The Bench held that the most important ingredient for
constituting the offence of sexual assault under Section 7 of POCSO is the
"sexual intent" and not the "skin to skin" contact with the child.
- Laxmibai Chandaragi v. State of Karnataka, 2021 Supreme Court
The bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy held that
once the two adult individuals agrees to enter into a wedlock; the consent of
the family or the community or the clan is dispensable and what is indispensable
is the consent of the pair which is to be given primacy.
- Khushi Ram v. Nawal Singh, 2021 Supreme Court
The bench of Justice Ashok Bhushan and Justice R. Subhash Reddy has held when
heirs of father of a female are included as person who can possibly succeed, it
cannot be held that they are strangers and not the members of the family qua the
female.
- Anjali Guru Sanjana Jaan v. State of Maharashtra, 2021 Bombay High Court
A Vacation Bench of Justice Ravindra V. Ghuge allowed the writ petition filed by
a transgender permitting to contest Panchayat elections from a seat reserved for
women general candidate and quashed and set aside the order passed by the
Returning officer rejecting her nomination.
- X v. Y, Mat.Appeal.No.89 of 2020, Kerala High Court
The Division Bench of Justice A. Muhamed Mustaque and Justice C. S. Dias
addressed the question that is Whether Muslim women lost their right to invoke
Khula, after the coming into force of the Dissolution of Muslim Marriages Act,
1939? The Court held in the matter of unilateral dissolution of marriage,
invoking khula, the scope of inquiry before the Family Courts is limited. The
Family Court therefore, shall restrain from adjudicating upon such
extra-judicial divorce unless it is called upon to decide its validity in
appropriate manner.
However, invocation of khula without there being an attempt
for reconciliation was held to be bad in law.
I am firmly being of the opinion that
indeed these judgments brought far-reaching changes in the society in present
and definitely setting precedents for our future generations to come.
Intriguingly, the President in the year 2021 dated 31st August appointed 3 women
Supreme Court Judges which is a remarkable triumph over the devil of patriarchy
and among whom one on the basis of principle of seniority will go on to become
the very first Woman Chief Justice of India in time to come.
Well, bidding adieu to the year that gave us as I mentioned magnificent
judgments on women empowerment and wishing to see more magnificent judgments
this year to bring women in forefront and that they conquer every aspect of
women empowerment.
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