“In the relentless pursuit of gender equality, it is imperative to empower woman with the knowledge and support necessary to protect their rights and interests. Women have long been engaged in a ceaseless battle for their rights, a battle that transcends centuries. The world we inhabit is rife with disparities in the burdens faced by women. Unfortunately, the world often underestimates their capacity for leadership, independence, objectivity and profound reasoning. Women’s empowerment entails an environment devoid of violence and gender discrimination, where women enjoy equal rights in the community, society and workplace. India grapples with the harsh reality that a significant portion of its women do not feel safe in the streets, workplaces, markets or even their homes”
An all-encompassing assessment of women’s laws underscores the need to enhance the implementation and unwavering adherence to various acts and provisions aimed at safeguarding the well-being of women in the workforce. Strategies need to be devised to bolster women’s capacity and empower them to mitigate the adverse social and economic consequences arising from globalization.
With respect to the applicability of ‘Prevention of woman against sexual harassment at workplace” (POSH Act, 2013), the court clarified that there was no legal bar on the Central Complaints Committee to look into the allegations levelled in the second complaint. It further added, that ‘Since strict and technical rule of evidence’ cannot be understood in a narrow technical sense as to include only that evidence adduced in a regular court of law when a person is examined as a witness by administering oath. In sensitive matters such as sexual harassment and misconduct, there is an obligation to look into the entire evidence of the complainant that inspired confidence. Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law. We say so because the same humiliates and frustrates a victim of sexual harassment, more particularly when the harasser goes unpunished or is let off with a relatively minor penalty. Sexual harassment is a pervasive and deeply rooted issue that has plagued the societies worldwide. It has been a matter of serious concern and the development of laws to combat sexual harassment is a testament to the nation’s commitment towards addressing its problem. It is through the lens of the law that we can truly achieve gender equality and empower women to realize their full potential.
The critique to seek a menstrual leave for women and female students, wherein it could be a disregard towards hiring women at workplace; in continuation of the same, Supreme Court directed the Central Government to implement a uniform policy on menstrual hygiene including the distribution of free menstrual pads to students. Conclusively, it is through the lens of the law that we can truly achieve gender equality and empower women to realize their full potential.
BREAKING LEGAL BARRIERS
“In a choice and a will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status. There is a notion that a married woman completely abandons her native place and assumed her husband’s place as her only place of residence. If a married woman chooses to live between her natal home and marital home on account of her employment, business or otherwise nothing can prevent her to exercise her option”
Furthermore, the amendment of 2005 to the Hindu Succession Act (this law was amended to include daughters as coparceners by birth carrying the same rights and responsibilities as sons), 1956 which has conferred coparcenary rights to the women, equivalent to that of men, is a quintessence of another reform in law relating to women empowerment.
However, the unwavering certitude in marginalisation of women, so deeply entrenched in Society, is perceived to be imperilled by the prospect of a woman taking the position of Karta in an HUF, a role that was traditionally assumed by men.
Enlightening the right of a divorced woman who was not allowed to adopt a child solely on the ground that she was a working lady and won’t be able to give proper care and attention to the adoptive child
It is well settled that when it comes to disciplinary proceedings, it is the inquiry authority and the disciplinary authority who could be said to be the fact-finding authority and the courts in exercise of their powers of judicial review should not sit in appeal and appreciate the evidence or substitute its own findings, particularly those pertaining to matrimonial aspects (maintenance, adoption, succession etc.) and sexual harassment. For instance, a medical termination of on-going pregnancy was refused solely on the bases that the length of the pregnancy has crossed twenty-four weeks. But the Court under Article 142 of the Indian Constitution has power to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
On the other hand it is imperative to understand the critique of the same, in respect of a wife’s plea for maintenance under Section 125 CrPC, and she ends up blocking a substantial source of income of her husband. This clearly amounts to an abuse of process of law and is also against the interests of justice, the Court has to ensure that none of the parties suffer injustice. It is pointed out that enhancement of maintenance after blocking a substantial source of the husband’s income is plainly against the interests of justice and abuse of the process of law. While moulding relief, the Court can go to the extent of relaxing the application of law to the parties or exempting altogether the parties from the rigours of the law in view of the peculiar facts and circumstances of the case. This being so, it is clear that courts have the duty to do complete justice in a case when found necessary.
Conclusively, the advancement of women’s rights is not only a moral imperative but also a legal one.