Judicial activism: An instrument for women’s emancipation in India
By: Bhadury, Samir and Yaluk, Khyoda
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 20(2), Jul-Dec, 2023: p.403-412.Subject(s): Women Article 21
In:
Bihar Journal of Public AdministrationSummary: Women have been subjected to all forms of indignities, inequalities and discrimination and they are subjected to most of the heinous crimes. The patriarchal system has placed men in a superior mind-set.Efforts, strategies, laws and processes rise by women to liberate themselves from the reign of men and traditional dominance as well as to secure their status in all fields to have acceptable human behaviour. The sex ratio in India is 940/1000 (Census 2011) mainly due to the male child preference over females.The constitution of India empowers the state to make affirmative measures for women's empowerment. When the existing laws fail to provide justice, the judiciary plays a proactive role in delivering justice by applying the principles of equity and good conscience. In the late 1980’s onwards the Supreme Court in India became a torch bearer in the elimination of all kinds of discrimination and crime against women through judicial activism in the landmark judgement of Nargesh Meerza and another landmark case Vishakha case of 1977 where in absence of legislative laws, the Supreme Court of India passed guidelines for women in the workplace. The court also recognised live-in Relationships as the right to live under Article 21. These changing norms are possible due to the proactive role of the Indian judiciary. In this paper, we shall study the legal developments in favour of women and the role of the judiciary in upholding the rights, interests, liberty and dignity of women in India. – Reproduced
http://www.iipabiharbranch.org/
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 20(2), Jul-Dec, 2023: p.403-412 | Available | AR131288 |
Women have been subjected to all forms of indignities, inequalities and discrimination and they are subjected to most of the heinous crimes. The patriarchal system has placed men in a superior mind-set.Efforts, strategies, laws and processes rise by women to liberate themselves from the reign of men and traditional dominance as well as to secure their status in all fields to have acceptable human behaviour. The sex ratio in India is 940/1000 (Census 2011) mainly due to the male child preference over females.The constitution of India empowers the state to make affirmative measures for women's empowerment. When the existing laws fail to provide justice, the judiciary plays a proactive role in delivering justice by applying the principles of equity and good conscience. In the late 1980’s onwards the Supreme Court in India became a torch bearer in the elimination of all kinds of discrimination and crime against women through judicial activism in the landmark judgement of Nargesh Meerza and another landmark case Vishakha case of 1977 where in absence of legislative laws, the Supreme Court of India passed guidelines for women in the workplace. The court also recognised live-in Relationships as the right to live under Article 21. These changing norms are possible due to the proactive role of the Indian judiciary. In this paper, we shall study the legal developments in favour of women and the role of the judiciary in upholding the rights, interests, liberty and dignity of women in India. – Reproduced
http://www.iipabiharbranch.org/
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