NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL, M.P.

A Project of Law, Women And Human Rights on the topic

Contribution of Supreme Court in upholding Justice for the Genderin

India with Special Reference to Employment Opportunities For Women

Submitted to, Submitted by,

Dr Debashri Sarkar Ajita Nadkarni

Assistant Professor 2012 BA LLB 101

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 Acknowledgement

I would take this opportunity to acknowledge the roles played by

different people in the successful completion of this project.I would

like to thank my father who was a constant source of inspiration in the

whole process of research and analysis of the matter involved in the

project.I would also thank my subject teacher Dr Debashri Sarkar who

was instrumental in suggesting me the project topic and who played

an important role in guiding me throughout the framing of this

project.Without the constant support of my above mentioned

mentors ,the project would not have materialized and turned into a

reality.

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 Table of Contents

S. No Topic Page No:

Statement of Purpose:
This project is a small attempt to evaluate the contribution of Supreme

Court of India in upholding justice for the Genderin India through

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various Supreme Court judgments with special reference to

employment opportunities for women.

Research Objective:

To scrutinize various social evils prevailing in society against women

and to see what measure Supreme Court has taken to remedify these

social evils against women through their landmark judgments and is

there any positive effect on women employment through their

judgement?

Research Questions:

Does benchmark judgements of Supreme Court against justice for the

Genderhave any impact on women employment and what are the

legislations existing in Indian and in international scenario?

Scope/ Focus:

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This project explores various national and international legislations

and Supreme Court hallmark Gender justices judgments relating to

women’s employment.

Introduction:

Women constitute half the population of the society and it is

presumed that the best creation belong to the women. But it is a harsh

reality that women have been ill- treated in every society for ages and

India is no exception. From tribal to agricultural to industrial societies

to organised states, the division of labour has primarily stemmed from

physiological differences between the sexes, leading to the power

resting with the men, resulting in the established gender hierarchies

and gender injustice. This project aims to highlight the social evils

existing against women and Supreme Court’s remedifying benchmark

decisions and their effect on women’s employments and existing

Indian and international legislations or any other platform available in

this regard.

Body of Project:

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In word, in every Continent in every state women are ill treated, an

india is not exception. In India though women are Treated as Godes

Sakti but ill treatment continue to women.

Women are considered as object of the sex child producing machine

and unpaid servant to look after home and food for whole family.

With know means of lively hood and dependency on male members

of family.

Causes of social evils can be traced to educational backwardness cast

system economical dependency religious backwardness and following

of social myths.

women’s always had safety umbrella over her head, during child

hood by father, during married life by husband and in the old age by

her son.

To counter various social ills, various legislations were enacted from

colonial time to the contemporary time from time to time on various

matters like sati pratha, Remarriage, marriagebale age , widow

marriage, hindu marriage, muslim marriage law, ect.

fn-6
Justice for the Gender :

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Justice for the Gender links socials evils present in society against

women for example family violence, sexual abuse, honour killing,

trafficking female for sex and labour, ridiculing of widows and single

mother, female genital mutilation and childhood marriage.

The honourable Supreme Court of India has given many benchmark

decisions/judgements with respect to justice for the gender . Few

landmark judgments are as follows in this regard:-

(1) Sabarimala temple case.

In the fight for justice for the gender, Honourable Supreme

Court has taken a bold stance allowing women of all ages to

enter the Sabarimala temple. Previously women of all ages were

prohibited from entry in Sabarimala temple on Physiological

grounds.

(2) Nirbhaya gang rape and murder Case

Fn6-
justice for the gender related to conversion of negative to positive in women life.
And gender quality related to equal things or same things for both males and females

Sensational December gang rape and murder of Nirbhaya in

Delhi.

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(3) Muzaffarpur case

The apex court dealt the rampant sexual abuse of women at

shelter homes across the country, including the sensational news

at Muzaffarpur. The court termed as “horrible” and “scary” the

details of the Muzaffarpur case placed before it by the CBI,

which during the investigation allegedly recovered large

quantity of ammunition form former Bihar minister and her

husband. She had to resigned as Bihar Social Welfare Minister

following the Muzaffarpur case after it had come to light that

her husband had allegedly spoken to prime accused several

times between January and June.

(4) Adultery case

The apex court had stuck down section of Indian penal Code,

which neither allowed a wife to prosecute her husband nor the

other women for adultery, but permitted a man to take legal

action against his wife’s lover for the same,

(5) Kathua rape and murder case

Kathua gangrape and murder case of eight year old girl from

jammu, which shocked the nation saw that Apex court initiating

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 the proceedings on their own relating to abstractions created by

lawyers and revelation of the victim’s identity by media. The

court came down heavily on media houses for revealing the

details of the victim. And fined media houses 10 laks Rs. to be

deposited in Jammu & Kashmir Victim’s Compensation Fund. It

also said that National Legal Services Authority (NALSA)

Scheme for compensation of victims of sexual assault should be

used as guidelines by special courts in awarding compensation

to minor victims of sexual abuse till the Centre finalised the

rules. As per the scheme, victim of gang rape would get a

minimum compensation of Rs. 5 lakh and up to maximum of

Rs. 10 lakh. and the victims of disfigurement of the face would

get a minimum compensation or Rs 7 lakh with upper limit of

Rs. 8 lakh.

(6) Dowry harassment

The apex court has strengthened the dowry harassment law by

taking away the protection from immediate arrest that was

granted by an earlier bench saying that “the court have ample

power to grant pre-arrest bail. Popularly called anticipatory bail.

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 And even quash the criminal proceedings totally to stabilise the

lawful balance”

(7) C.B. Muthamma v. Union of India

The validity of the Indian Foreign Service Rules of 1961 was

challenged which provided that a female employee to obtain a

written permission of the Government in writing before her

marriages is solemnized and at any time after a marriage a

women member of the service may be required to resign from

service. The Supreme court held that such provision is

discriminatory against woman and hence unconstitutional

(8) B. Shah v. P.O. for Maternity Benefit

It was held that 100% wages were to be provided for all days of

leave as well as benefits such as Sundays and rest days as wages

were being for actual number of working days missed.

(9) Air India v. Nargesh Mirza

The Supreme Court struck down the provision of rules which

stipulated termination of service of an air hostess on her first

pregnancy as it arbitrary and abhorrent to the notions of a

civilized society.

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Fn6- justice for the gender related to conversion of negative to
positive in women life.
And gender quality related to equal things or same things for both
males and females

Post Independence Act With Reference to Gender justices:

The following Acts not only regulate the hours of work but also

contained provision of health safety and welfare of women workers

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and guarantees equality before law equal treatment to women

workers. Most of these laws have inspired by the Conventions and

recommendations adopted by the international labour Organization.

The main objectives for passing these laws are to enable the women

to increase their efficiency, to increase their participation in useful

services, to ensure their infant welfare and to provide equal pay for

equal work. The important labour legislations covering the women

are.

1. The Factory Act, 1948

2. Employees State Insurance Act .1948

3. Maternity Benefit Act. 1961

4. Equal Remuneration Act, 1976

5. Minimum Wages Act. 1948

6. National Rural Employment Gurantee Act.2005

7. Pension Act. 1987

Addition to this the Constitution of India gives special protection to

women (justices and equality) under provision for women rights

which are as follows:

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14fn2 Ar expresses that the state shall not deny to any person the

equality before the law and equal protection of laws with in the

territory of India.

15 fn3 (1) Ar prohibit discrimination against any citizen on the grounds

of religion, race, caste, sex, place or birth.

15 fn4 (3) Ar State to make special provision for women and children.

16 fn5 equality opportunity in matters of public employment.

In fn 2,3,4,5 Ar stands for Article

EQUAL EMPLOYMENT OPPORTUNITY ACT 1972 (US)

This Act which gives quail employment opportunity

commission (EEOC) Authority to sue the federal courts when it finds

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reasonable casue to believe that there has been employment

discrimination based on race, color, religion , sex, or national origin.

In cases of public employment, EEOC refers the matter to the United

State Attorney General to bring the lawsuit.

Indian Constitution encapsulates social safeguard measures for all

citizen of India in Article 15 and 16.

Ar15 mandates prohibition of discrimination on the grounds of

religion , race, caste, sex or place of birth,

Ar 16 mandates equal opportunity in matters of public employment.

Conclusion

From this short project it is concluded that Honourable Supreme

Court has given benchmark judgements on the various social evils

an Indian women’s life spectrum. There are important legal

provisions in the form of various Act’s from the Colonial epoch to

post Independence India. These Act’s cover’s both the aspect of

Indian women’s life that is, justice and equality, rights of women.

Both are two sides of a coin related to each other, needed for each for

making a complete coin, complimenting each other and inseparable.

The equal employment opportunity act 1972 of USA is operable

through equal employment opportunity Authority Commission which

gives power to sue the federal court in USA regarding injustice in

employment. And here also in justice is taken as equality in job

place.

In IndiaFn1 there in no such explicit act with regard to employment of

women. Nor the Supreme Court judgements give explicit directions or

guideline to uplift women’s employment All the Act’s related to

women are more or less related for substantive betterment of a

women’s life spectrum. Ar 15 and 16 do express explicitly of not to

discriminate and employment of women in public sector.

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Like USA in India also we need to have commissions like equal

employment opportunity Authority commission to facilitate

uplifment.Fn1-US India Police Institute-Equal opportunity

commission for India lesion lesson learnt form EEOC of USA &

EHRC Of UK.

Reference:

1. Baxi, Upendra, the Future of Human Rights.

2. Bradley, Harriet, Gender. Key Concepts.

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3. Chawla, Monica, Gender Justice. Women & Law in India.

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