In India, women's protection is of paramount importance, given the prevalent
issues of gender-based violence, discrimination, and social challenges. Various
laws and landmark cases have played a crucial role in advancing women's rights
and protection in the country. Here are some notable cases that have had a
significant impact:
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Vishakha v. State of Rajasthan (1997):
This case is a landmark judgment by the Supreme Court of India that laid down guidelines to prevent sexual harassment of women at the workplace. The guidelines, known as the "Vishakha Guidelines," provide a framework for employers to address and prevent workplace sexual harassment.
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Delhi Gang Rape Case (Nirbhaya Case) (2012):
The brutal gang rape and murder of a young woman in Delhi in 2012 led to widespread protests and calls for stricter laws and better implementation of existing laws to protect women. The case resulted in amendments to India's criminal laws, including the introduction of harsher punishments for sexual offenses.
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Indra Sarma v. V.K.V. Sarma (2013):
In this case, the Supreme Court of India held that the wife's right to claim maintenance under Section 125 of the Code of Criminal Procedure is not limited to the husband's ability to pay. This decision strengthened women's rights to claim maintenance and financial support from their husbands.
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Shayara Bano v. Union of India (2017):
In this landmark case, the Supreme Court declared the practice of instant triple talaq (talaq-e-bid'ah) as unconstitutional, giving Muslim women the right to seek legal remedies in case of the unilateral and instant dissolution of marriage by their husbands.
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Laxmi v. Union of India (2014):
This case was instrumental in bringing attention to the issue of acid attacks on women. The Supreme Court directed the central and state governments to regulate the sale of acid and provide better compensation and medical treatment to acid attack survivors.
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Navtej Singh Johar v. Union of India (2018):
In this landmark case, the Supreme Court decriminalized consensual homosexual acts among adults, thereby providing significant protection to LGBTQ+ women who were previously marginalized and faced discrimination.
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Mary Roy v. State of Kerala (1986):
This case resulted in a significant change in inheritance laws for Syrian Christian women in Kerala, allowing them to claim an equal share in ancestral property, bringing an end to gender-based discrimination.
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Gaurav Jain v. Union of India (1997):
In this case, the Supreme Court issued guidelines to prevent the misuse of Section 498A of the Indian Penal Code, which deals with cruelty to married women, to protect innocent family members from false complaints.
These cases are just a few examples of how the Indian judiciary has played a
critical role in advancing women's rights and protection in the country.
However, it's essential to recognize that despite these legal advancements,
challenges persist, and continued efforts are required to ensure the safety,
dignity, and empowerment of women in India.
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