This blog is written by Rakshi Padhan, a Law Graduate of Vikash Law School, Odisha

INTRODUCTION:

India is one of the democratic countries which have the longest written constitution involving the concept of liberty, equality and secularism. However since time immemorial, gender stereotypes have limited the role and opportunities available to individuals’ based on sex and gender. Gender stereotypes or gender prejudices refer to the generalised view of differences and attributes of a particular group based on their gender. Being a developing nation, the judiciary in India as played a key role in dismantling the day to day regressing concept of gender stereotype and helped in advancing the cause of gender justice.

VARIOUS JUDICIAL PRONOUNCEMENTS TO PROMOTE GENDER JUSTICE:

1. Indian Young Lawyers Association v. State of Kerala –“Sabarimala Temple Case” [(2018) 10 SCC 689]

This judicial pronouncement relates to the concept of allowing the entry of women inside the temple irrespective of any age groups. Hon’ble Supreme Court in 4:1 majority held that this restriction are violative of Article 14, 15, 17, 19(1) and 25 of Indian Constitution and removed the ban of practice of excluding the women of age group of 10 to 50 years from Sabarimala temple.

2. Air India v. Nargesh Meerza [1981 AIR 1829]

The Hon’ble Supreme Court held that the termination of the job of the air hostess after pregnancy or upon reaching 35 years is arbitrarily discriminating and violating Article 14, 15 and 16 of Indian Constitution.

3. Vishaka v. State of Rajasthan [AIR 1997 SC 3011]

This case is a significant benchmark in breaking the gender stereotypes. The Supreme Court has laid down the Vishaka guidelines for protection of women employees against the sexual harassment in workplace. These guidelines have led to the enactment of a specific legislation named as Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2012.

4. Shayara Bano v. Union of India -“Triple Talaq Case” [AIR 2017 SC 4609]

This historic case relates to the constitutional validity of the triple Talaq or Talaq-e- biddat under Mohammedan law. The Hon’ble Supreme Court in 3:2 majority held that triple talaq is against the Article 14, 15 and 21 of Indian Constitution and empowered the Muslim women to elevate themselves against the male-centric tradition. This in turn led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

5. Vineeta Sharma v. Rakesh Sharma [(2020) 9 SCC 1(SC)]

The issues of the case states that whether the daughters have equal rights as the sons in the coparcenary property as incorporated under the Section 6 of Hindu Succession Amendment Act, 2005. Hon’ble Supreme Court held that whether daughters are born before the amendment of 2005 are entitled to equal coparcenary rights as sons.

6. National Legal Services Authority (NALSA) v. Union of India [(2014) 5 SCC 438]

This judicial pronouncement is one of the progressive verdicts which recognised the self-identity of the transgender people as the third gender. It spotlights the importance of protecting their dignity and freedom.

CONCLUSION:

Thus, the judicial milestone on breaking the gender stereotypes has challenged that outdated societal norms and fostering gender balance. These landmark judgements have not only empowered the women or vulnerable communities but also paved a way towards the more socially advanced community.

REFERENCES-

· https://indiankanoon.org/doc/163639357/

· https://en.wikipedia.org/wiki/National_Legal_Services_Authority_v._Union_of_India

·https://lawbhoomi.com/vineeta-sharma-v-rakesh sharma/#:~:text=Vineeta%20Sharma%20v%20Rakesh%20Sharma%20Judgement&text=The%20court%20ruled%20that%20the,the%20date%20of%20the%20amendment.

· https://legalfly.in/case-summary-shayara-bano-v-union-of-india-2017/

· https://indiankanoon.org/doc/1031794/