International Journal of Research in all Subjects in Multi Languages (National Conf. On Vol. 6, Sp.

Issue: 3, March: 2018

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21 Century: Changing Trends in the Role of Women-Impact on Various Fields) (IJRSML) ISSN: 2321 - 2853

Roll of Judiciary in Empowering women in India

Dr. ManishaGajre
Asst.Professor, Tolani Institute of Law, AdipurKachchh

Introduction functions equally well or even better. She might

Women have served all these centuries as be lacking physical strength but is also having the
looking glasses possessing the magic and gifts of civilizations. Vedic period was a golden
delicious power of reflecting the figure of man at period when women took part in every sphere of
twice its natural size.” –VirginiaWoolf. social life and enjoyed great amount of freedom
In our country the framers of the and equality with the Men. They used to study in
Constitution have taken enough care for women’s Gurukuls and enjoyed equality with Men in
rights, its dignity and all other aspects. Under our understanding the Vedas. They even fought
constitution article 14 to 21 are known as battles. No parda system was prevalent. Women
fundamental rights and protection has been used to choose their life partners. Even a widow
granted and has been declared that prevail the had the right marry again. And there was no
legislative will not act in a manner which can discrimination between a boy and a girl. But
suspend, prohibit or make any law against the various restrictions came to be imposed on
fundamental rights. Our constitution expressly women’s rights and privileges by Manu and the
call first upon the court the power of judicial status of women got lower and the roll was
review and as regards fundamental rights the restricted to four corners of their home.During the
court has been assign the roll of a sentinel to period of Ramayana and Mahabharata freedom of
determine finally the constitutionality of a statute. women both in deed and speech were restricted.
Once the Supreme Court is satisfied that there has During the Mugal period and British regain
been violation of fundamental rights or there is attention was given to injustice being done to
likely to be infringed by state action it becomes women and with the advent the independence our
the duty of the Supreme Court to interfere. And constitution makers and law framers showed
will safeguard the fundamental rights guaranteed concern for basic rights for women. There was a
under the Constitution. declaration on the elimination of discrimination
Position of women’s in ancient India of women in 1967 and matter was considered on
Women’s empowerment has been taken international level and concern of women was
great care by the judiciary. Women like Men are discussed at length.
creation of nature yet they are so different. She is After Independents role of Judiciary for
no near, attached, bonded, care giver yet so far, Empowerment of women’s
unfathomable silent sufferer. Women share every That our law passed by our legislature
burden but they are hardly sole beneficiary. The which protects the women from various sexual
National Commission Act,1990 for women harassment, molestation, rape, dowry deaths,
recognizes that a woman in India had never been bride burning, harassment at work place and
treated well even at home or while at work. various other modes of harassment to a women.
Women forget about their self and sometimes Some are as under:
promote, perpetrate, patriarchal, over other 1) Indecent representation of Women
women subconsciously. We need to sensitize the (Prohibition) Act,
society including the women. Woman is not 2) Indian Penal Code,
inferior to Man in any respect and can perform all
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 International Journal of Research in all Subjects in Multi Languages (National Conf. On Vol. 6, Sp. Issue: 3, March: 2018
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21 Century: Changing Trends in the Role of Women-Impact on Various Fields) (IJRSML) ISSN: 2321 - 2853

3) Suppression of Immoral Traffic in Women below the age of 21 years, who has not
and Girls Act, committed an offence punishable with
4) Dowry Prohibition Act. imprisonment for life, unless the circumstances of
Under the Indian Penal Code, 1860 the case or nature of the offence requires that the
provision for prosecuting and punishing various offender be punished.
offences attracts punishments for offences The Indecent Representation of Women
committed under the sections viz. section (Prohibition) Act, 1986
293,294,317,339,340,341,342,354,359,361,362,3 This Act puts restriction on the publishing
63,365,366,370,371,372,373,375,376,496,498,50 or sending by post of books and pamphlets
6,509 and 511. containing indecent representation of women and
The Suppression of Immoral Traffic in prohibits all persons from getting involved or
Women and Girls Act,1956 (SITA) directly or indirectly in the publication or
This act was enacted under Article 35 of exhibition of any advertisement containing
the Constitution with the object of inhibiting and indecent representation of women in any form.
abolishing trafficking in women and girls. It was Other various acts are as under:
also in pursuance of the UN’s Trafficking The Child Marriage Restraint Act, 1929
Convention, which India signed on 9 may 1950. The Bonded Labour System (Abolition) Act,
The Act aimed to rescue exploited women and 1976
girls, to prevent the deterioration of public morals The Child Labour (Prohibition and
and stamp out the evil of prostitution that was Regulation) Act, 1976
rampant in various parts of the country. The Transplantation of Human Organ Act,
The Immoral Traffic (Prevention) Act, 1956 1994
In 1986 SITA was drastically amended The Information Technology Act, 2000
and renamed the Immoral Traffic (Prevention) The Juvinile Justice (Care and Protection of
Act, 1956. It is a special legislation that deals Children) Act, 2000
exclusively with trafficking. Offences under the Goa Children’s Act, 2003
act are: Land mark Judicial pronouncement as under
Keeping a brothel or allowing a premises to be RupanDeol Bajaj & Anr v/s Kanwar Pal singh
used as a brothel (S.3) Gill & Anr
Living on the earnings of prostitution (S.4) In case of RupanDeol Bajaj v/s KPS Gill
Procuring, inducing or taking persons for the sale the Supreme Court has given directions to try the
of the prostitution (S.5) accused under for the offences under sec 354 and
Detaining a person in a premises where 509 of IPC and she got justice for outraging her
prostitution is carried on (S.6) modesty. The Hon’ble Supreme Court analyzed
Prostitution in and around the vicinity of public defect of existing system of handling the cases
places (S.7) pertaining to women victims in case of Delhi
Seducing or soliciting for the purpose of domestic working women v/s UOI.
prostitution (S.8) During last three decades there has been a
Seduction of a personin custody (S.9) sea change in the concept of women
The Probation of Offenders Act, 1958 empowerment. A woman today expects herself to
This Act is aimed at the offenders. Its be treated whether individual living human being
important features are: entitles to the same dignity as her male
The Act empowers the Court to release counterparts. The Universal Declaration of
certain offenders after admonition and place human rights, 1948 reaffirms faith in the
certain other offenders on probation for good fundamental human rights, dignity and worth of
conduct, and human person and equal rights of man and
The Act puts a restriction on the court woman. Followed by world conference on human
forbidding the imprisonment for any offender rights in 1993 etc. in our country laws have taken
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 International Journal of Research in all Subjects in Multi Languages (National Conf. On Vol. 6, Sp. Issue: 3, March: 2018
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21 Century: Changing Trends in the Role of Women-Impact on Various Fields) (IJRSML) ISSN: 2321 - 2853

silent and slow steps in participation in women Similarly a three judges bench passed a
society preventing gender bises and removing landmark judgment in Air India v/s
lacunas in procedural laws and law relating to NargeshMirza in which retirement ageof flight
evidence. persons was 58 while for airhostess were to be
Shakti Mills Gang rape case retired at age of 35 or on marriage. If they
The judicial pronouncement in various married within four years of marriage joining the
cases pertaining to various crimes against women service or from their first pregnancy. The
have been considered and in 2013 Mumbai Gang Supreme Court upheld the regulations in part
Rape case known as Shakti Mills Gang rape Case modified them in part and struck them down in
in which 22 years old journalist was gang raped part. And declared that article 14 forbids hostile
at Shakti Mills compound near Mahalaxmi discrimination and noted that even otherwise
Temple in South Mumbai. article15 and 16 (2) prohibit discrimination on the
One most important Act is protection of ground of sex. And observed that determination
women from Domestic Violence Act, 2005. The the service of the airhostess is not only clause and
said Act is heavily in favor of women. The main cruel act but is an open insult to Indian
benefit of this Act will be women of upper class womanhood. And the court has struck down the
and gives right to shelter, property and absolute discrimination vested in the Director to
maintenance. The legislation is landmark terminate the employement of airhostesses after
legislation. It gives married and unmarried they reach the age of 35. Holding that the
women far reaching legal protection against uncanaliseddecreation amounted to excessive
abuse or threats of abuse from their spouses, delegation of power.
partners or other members of the family. Rup Kunwar Sati case
Nirbhaya rape case On sep 4,1987, 17 year old Rup Kunwar
On December 16,2012Nirbhaya a 23 year was burnt alive on the funeral pier on harassment
old paramedic was raped and brutalized with an in Deorala village of Sikar district in Rajasthan
iron rod in a moving bus in Delhi. She and her and in famous incident came to be referred“The
male friend were thrown out the bus. Nirbhaya Sati case”. And after 16 years the special court
lost her battle for life in a Singapore hospital. The acquitted 11 persons for want of evidence.
Hon’ble Court while delivering the judgment held Women’s organizations mps in people at large
that dying declaration of Nirbhaya is reliable and had called Rup Kunwar’s burning as murder and
convicted 6 people involved in heinous crime. demanded a central law to prevent sati and its
One of the Accused was a juvenile at the time of glorification.And an act was passed as
a crime and could be punished for three years and Commission of sati “Prevention Act“. And the
thereafter the parliament passed amendment in Presentation of the peoples Act was amended in
juvenile justice act and the juveniles age was 1951 so as to disqualify any person convicted
reduced from 18 to 16. under the Sati Prevention Act from contesting
Vishakha v/s State of Rajasthan election to parliament or state assembly for a
In case of Vishakha v/s State of Rajasthan the period of 5 years after his or her release.
Hon’bleS.c has laid down guidelines and norms
to be observed to prevent sexual harassment of Bijal Joshi case
working women and forthis purpose held that The Hon’ble Gujarat High Court upheld
sexual harassment includes such and welcome life imprisonment who gang raped 25 year old
sexually determined behavior as : Bijal Joshi in the hotel on the eve of Dec 23,2003
a) Physical contact and advantages, in Delhi. The Hon’ble Court held that the accused
b) A demand or request for sexual favors, have treatedthe victim as an object and had sexual
c) Sexually colored remarks, intercourse in a barbaric manner and ultimately
d) Any other unwelcome physical, verbal or she committed suicide due to such barbarous.
non-verbal conduct of sexual nature.
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 International Journal of Research in all Subjects in Multi Languages (National Conf. On Vol. 6, Sp. Issue: 3, March: 2018
st
21 Century: Changing Trends in the Role of Women-Impact on Various Fields) (IJRSML) ISSN: 2321 - 2853

This case and such other cases as sited asked of her and that the police report should
above have established that judiciary is alive to state that the victim was so informed. The
the issue of gender injustice and has become advocate should be appointed by the Court, upon
instrumental and has seen that a woman get application by the Police. However, in order to
impartial justice from a man. And many laws ensure efficiency, advocates would be authorized
have been passed and amendments in adjusting to act at the police station before leave of the
laws have been made by providing stringent and court was sought or obtained. The Court also
harsher punishments to protect the women in the mandated anonymity of the victim, along with
society and has helped in women empowerment formation of a Criminal Injuries Compensation
through judiciary and have awaken the society to Board.
take great care and respect of women and her Conclusion
safety. Without aid of judiciary the rights of Thus, women have always been
women cannot be protected and the various considered as the weaker sections of the society,
enactments for them remain teeth less. It is our as the victims. They have been shown merely as
pias duty to protect the women from all sort of characters in a man’s world. What they don’t
atrocities, violence and discriminations to make realize is that women are leaders everywhere you
the society a peaceful and livable society. look and our judiciary is vigilant to protect their
Delhi Domestic Working Women’s Forum v. rights, the legislature is always willing to
Union of India, 1995 SCC (1) 14 formulate various laws for upliftment,
Four domestic servants had filed charges empowerment of women’s rights in this country.
of indecent sexual assault against seven army
personnel. The Supreme Court pointed out the Reference
defects of the existing system while dealing with 1. Indian Penal Code Ratanlal & Dhirajlal’s
rape victims, issuing 8 broad parameters while 33rd edition reprint -2011
assisting victims of rape. The Bench comprising 2. Rupan Deol Bajaj case AIR.- (S.C) 1996,
of Justice S. Mohan, Justice M.N. (309)
Venkatachalliah and Justice S.B. Mujmudar 3. Nirbhaya rape case AIR.- (S.C) 2017, (3204)
emphasized on the legal representation that needs 4. Vishakha case AIR.- (S.C) 1997, (3011)
to be provided at the police station. The Police 5. Bijal Joshi case GLH – (G.H) 2005 (2) (530)
should be under a duty to inform the victim of her 6. Delhi Domestic working women’s forum
right to representation before any questions were case S.C.C 1995 (1) (14)

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