The court emphasized that while individual rights, including cultural practices, are important, they must yield to public safety and law enforcement duties, rejecting faith-based directives that could hinder police investigations.

JUDGMENT

INDEX TO THE JUDGMENT

PRELUDE

RELIEFS SOUGHT BEFORE THIS COURT

FACTUAL BACKDROP

ORDERS PASSED BY THIS COURT

SUBMISSIONS ON BEHALF OF PETITIONER

SUBMISSIONS ON BEHALF OF STATE

REPORT OF AMICUS CURIAE

ISSUES AT THE CORE

WHO IS A PARDANASHIN WOMAN

Meaning in Strict Legal Connotation of the Term

Judicial Precedents defining Pardanashin Woman

The Changing Meaning and Notions of the Concept of Pardanashin Woman

PARDANASHIN WOMAN: EXAMINING THE MEANING IN

THE CONTEXT OF PETITIONERS USAGE

History Behind the Veil: Understanding Pardah in Various Cultures

Hinduism

Hinduism: Religion vs. Dharma

Sikhism

Christianity, Judaism, Jainism

Islam

POLICING IN BHARAT: MULTIFACETED DUTIES & SOCIAL

CONTEXT

Test of Reasonability and Compelling Public Interest

Multi-cultural Land of Bharat & Policing

WHETHER THE CURRENT LEGAL FRAMEWORK IS

SUFFICIENT TO ADDRESS THE ISSUE IN QUESTION?

Present Day Legal Framework for Protection of the Dignity of Women

During Investigation of a Criminal Case

Procedure of Arrest of a Woman

Procedure for Search

Whether the Petitioner has made out a case, Necessitating Issuance of any Directions?

Argument regarding Right to Dignity under Article 21 vis-a-vis Pardanashin Women

The Concept of Judgment Impact

DIRECTIVES ISSUED BY COURTS: NEED TO BE JUSTICE DRIVEN AND NOT FAITH DRIVEN

Article 25 of the Constitution has arisen for the religions and not from the religions

A JUDGES PURE FIDELITY TO THE APPLICATION OF LAW IN CONSONANCE WITH THE REQUIREMENT OF MODERN BHARAT

The Social Face of Law: Judges Role in Shaping Legal & Social Discourse

WHILE CONCLUDING: SOMETIMES EVEN AN ISOLATED WORD SPEAKS A STORY

BEFORE PARTING WITH THE CASE: SYNERGY BETWEEN BAR & BENCH

JUDGMENT

Swarana Kanta Sharma, J. - PRELUDE

1. The journey of adjudication of this case presented many challenges as the learned counsel for petitioner drew this Courts attention to the most ancient scriptures of various faiths and his point of view regarding the concept of pardanashin woman in the said scriptures, at the same time, praying for the application of the old concept of pardanashin women to the modern age empowered and educated woman.

2. Thus, the challenge before this Court was to adjudicate and return a finding as to whether the concept of pardanashin woman, as argued and enumerated by the learned counsel for petitioner, indeed means and refers to women who by mere virtue of their gender need to be extended special treatment, as according to the learned counsel, even today many women are pardanashin out of their own choice or due to them following their respective religious practices.

3. Learned counsel for the petitioner prayed that guidelines be issued in the background of religious scriptures and Article 21 and 25 of the Constitution of India, however, giving a new meaning, a new philosophy and evolving new jurisprudence based on old scriptures to suit the present day requirements of the community.

4. As this Court writes this judgment, it notes that writ jurisdiction and adjudication of the issues therein do not stop springing surprises and challenges which become the harbinger of churning out philosophy and jurisprudence on a subject which involves referring to old scriptures, interpreting it in context of a particular case, yet confining itself within constitutional morality and framework of criminal jurisprudence.

5. The present case also raised an issue which initially confined itself to a particular person. However, in the final hearing, the person oriented prayers were satisfied and withdrawn on behalf of the petitioner but insistence was laid on adjudication of an issue brought forth by the present case for the larger societal interest, thus, bringing to the fore the power of Court to serve the community better by bringing about changes in the administration of criminal justice by issuance of directions wherever called for qua the concerned authorities.

RELIEFS SOUGHT BEFORE THIS COURT

6. The present writ petition under Article 226 of the Constitution of India, r