Supreme Court Judgments On Women Empowerment & Gender Equality In 2021

" No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half its citizens" : Michelle ObamaIt is a known fact that women have been struggling for decades trying to fight the patriarchal mindset and stereotypes which come along with it. When discrimination against women is prevalent in various forms and in different spheres, the Judiciary has an important role to play in reflecting women's strength, redefining patriarchal laws and paving a way ahead for women when patriarchal mindset, stereotypical notions and deep-rooted misogyny in the society poses a hurdle. As far as women and protection of their rights are concerned, the year 2021 saw some significant interventions and observations from the Supreme Court - from calling out the misogynistic attitudes entrenched in the Judiciary to addressing the discrimination against women in the defence forces. Following are some of the significant developments that took place in the Supreme Court this year:Historic moment as three Women Take Oath As Supreme Court Judges: The Supreme Court of India witnessed a historic moment this year when three women took oath as judges of the Supreme Court, making the total count of women judges four out of a total of 33 judges, the highest ever. Justice Hima Kohli, Justice BV Nagarathna and Justice Bela M Trivedi have been elevated to the Supreme Court. When the Indian Judiciary has often been criticized for lack of gender representation, three women taking oath as judges of the top court was a crucial moment and even though 4 out 33 judges is still not an adequate representation it will hopefully be a good start to a more gender-equal future in the judiciary. As Judge of the US Supreme Court, late Ruth Bader Ginsburg once said "Real change, enduring change, happens one step at a time." In fact, if appointments go as per the seniority turn, the long wait for the first woman Chief Justice of India might find an end with Justice BV Nagarathna becoming the first woman Chief Justice of India in September 2027.Chief Justice of India NV Ramana said at a public event that women have the right to seek 50% representation in the judiciary.More Than 50% Women Representation In Judiciary Demanded In View Of Backlog; Will Take Up This With Collegium: CJI Ramana[Video] Here are some of the significant women-centric judgments of the Supreme Court in 2021 :Conception That House Makers Do Not "Work" Or That They Do Not Add Economic Value To The Household Is A Problematic Idea: SC In Motor Vehicle Compensation CaseIn an appeal arising out of a motor accident compensation claim, the Supreme Court on 5th January 2021 observed that the conception that house makers do not "work" or that they do not add economic value to the household is a problematic idea that has persisted for many years and must be overcome.A Bench comprising CJI NV Ramana, Justices S. Abdul Nazeer and Surya Kant noted that in India, according to the 2011 Census, nearly 159.85 million women stated that "household work" was their main occupation, as compared to only 5.79 million men. "The sheer amount of time and effort that is dedicated to household work by individuals, who are more likely to be women than men, is not surprising when one considers the plethora of activities a house maker undertakes. A house maker often prepares food for the entire family, manages the procurement of groceries and other household shopping needs, cleans and manages the house and its surroundings, undertakes decoration, repairs and maintenance work, looks after the needs of the children and any aged member of the household, manages budgets and so much more. In rural households, they often also assist in the sowing, harvesting and transplanting activities in the field, apart from tending cattle." the Bench observed Case: Kirti vs. Oriental Insurance Company LtdRape Victim Also Suffers Discrimination From Society: Supreme Court Issues Directives To Jharkhand Administration In A Rape Victim's PleaA Supreme Court Bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah had on 20th January 2021 observed that a rape victim suffers not only a mental trauma but also discrimination from the societyIn a case where the rape victim alleged that no one is ready to give her accommodation even on rent after her identity was disclosed by the media, the bench issued directions to the State government including free education to her children, providing accommodation to the victim and review the Police security, etc.Case: X vs. State of Jharkhand Prenatal Sex Determination Is A Grave Offence Which Has Potential To Damage The Very Fabric Of Gender Equality & Dignity: Supreme CourtThe Supreme Court on January 21st observed that prenatal sex determination is a grave offence with serious consequences for the society as a whole and a strict approach has to be adopted if the scourge of female foeticide and iniquity towards girl children has to...

Supreme Court Judgments On Women Empowerment & Gender Equality In 2021

Srishti Ojha

Tags