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Celebrating Women Empowerment Judgments of the year 2021

"Please extinguish the heat of the fire,
burning in the hearts of poor woman.
This poet does not oppose you rather
he is humbly requesting all
to please eradicate these piteous problems in the modern age.
" -- Manmohan Acharya

I believe that the Definition of Women Empowerment can be perceived in disparate perspectives. However, the solus essentia that can be derived from copious disparate perspectives is that it is an approach that concocts the ability in women to live a life with dignity in the society. In the year 2021, the Courts in India also perceived women empowerment in a progressive sense and gave us magnificent judgments to remember.
  1. Kirti v. Oriental Insurance Company Ltd., 2021 Supreme Court
    The 3-judge bench of Chief Justice of India NV Ramana, Justice SA Nazeer and Justice Surya Kant J held that a notional income should be fixed for a homemaker for grant of compensation is a settled preposition of law.
     
  2. Lt. Col. Nitisha v. Union of India, 2021 Supreme Court
    The Division bench of Justice Dr. D.Y Chandrachud and Justice M.R Shah held that for the grant of Permanent Commission in Women Short Service Commissions, the benchmark of the women officers lowest in merit in the corresponding male batch by the Indian Army Authority is arbitrary and irrational.
     
  3. Kush Kalra v. Union of India, Writ Petition(s)(Civil) No.1416 of 2020, 18-08-2021
    The Division Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy issued interim direction permitting the women candidates to take part in the National Defence Academy (NDA) examination.
     
  4. Attorney General for India v. Satish, 2021 Supreme Court
    The 3-judge bench of Justice UU Lalit, Justice Bela Trivedi and Justice S. Ravindra Bhat has set aside the Bombay High Court (Nagpur Bench) judgment that observed unless there is a skin to skin contact; sexual offence cannot be attracted in POCSO. The Bench held that the most important ingredient for constituting the offence of sexual assault under Section 7 of POCSO is the "sexual intent" and not the "skin to skin" contact with the child.
     
  5. Laxmibai Chandaragi v. State of Karnataka, 2021 Supreme Court
    The bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy held that once the two adult individuals agrees to enter into a wedlock; the consent of the family or the community or the clan is dispensable and what is indispensable is the consent of the pair which is to be given primacy.
     
  6. Khushi Ram v. Nawal Singh, 2021 Supreme Court
    The bench of Justice Ashok Bhushan and Justice R. Subhash Reddy has held when heirs of father of a female are included as person who can possibly succeed, it cannot be held that they are strangers and not the members of the family qua the female.
     
  7. Anjali Guru Sanjana Jaan v. State of Maharashtra, 2021 Bombay High Court
    A Vacation Bench of Justice Ravindra V. Ghuge allowed the writ petition filed by a transgender permitting to contest Panchayat elections from a seat reserved for women general candidate and quashed and set aside the order passed by the Returning officer rejecting her nomination.
     
  8. X v. Y, Mat.Appeal.No.89 of 2020, Kerala High Court
    The Division Bench of Justice A. Muhamed Mustaque and Justice C. S. Dias addressed the question that is Whether Muslim women lost their right to invoke Khula, after the coming into force of the Dissolution of Muslim Marriages Act, 1939? The Court held in the matter of unilateral dissolution of marriage, invoking khula, the scope of inquiry before the Family Courts is limited. The Family Court therefore, shall restrain from adjudicating upon such extra-judicial divorce unless it is called upon to decide its validity in appropriate manner.
     
However, invocation of khula without there being an attempt for reconciliation was held to be bad in law. I am firmly being of the opinion that indeed these judgments brought far-reaching changes in the society in present and definitely setting precedents for our future generations to come. Intriguingly, the President in the year 2021 dated 31st August appointed 3 women Supreme Court Judges which is a remarkable triumph over the devil of patriarchy and among whom one on the basis of principle of seniority will go on to become the very first Woman Chief Justice of India in time to come.

Well, bidding adieu to the year that gave us as I mentioned magnificent judgments on women empowerment and wishing to see more magnificent judgments this year to bring women in forefront and that they conquer every aspect of women empowerment.

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