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Women's Property Rights under Customary Laws

Mohammedan married women in Ceylon (Sri Lanka) retain full powers over property, unlike Roman-Dutch law limitations; applies to land ownership disputes, e.g., Malay woman's land possession case where Code of 1806 governs and common law supplements silences. the limitation of the powers of married women under that law do not apply to the case of married women among Mohammedans ["
TILLEKERATNE v. SAMSEDEEN
"]

Discrimination in Land Inheritance

Indian tenancy laws often deny women succession to agricultural land; CEDAW Article 2(f) mandates legislative changes to abolish gender discrimination in laws/customs. In most of the tenancy laws, women have been denied the right to succession to agricultural lands. ["2015 0 Supreme(Tri) 79"] ["2003 0 Supreme(P&H) 1289"] ["KAJAL RANI NOATIA vs RAYBAHADU TRIPURA and 3 ORS - Tripura"]

Affirmative Action for Women

Guidelines for retail outlets provide corpus fund facilities specifically for women, upheld via doctrine of classification for equal protection; irrelevant parameters like land/infrastructure excluded for such applicants. Clause 8 (b) of the guidelines for the selection of Retail Outlet Dealers provides corpus fund facilities for women. ["2010 0 Supreme(All) 2719"] ["2010 0 Supreme(All) 2716"]

Institutional Protections

Assam State Commission for Women (ASCW Act, 1994) safeguards women's rights, reviews laws, handles complaints/suo motu on deprivations/non-implementation. review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto ["2023 0 Supreme(Gau) 96"]

Equal Pay and Employment

Article 39(d) mandates equal pay for equal work; supports contract over hourly/lecture basis for women educators. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. ["2014 0 Supreme(HP) 140"]

Analysis and ConclusionSources highlight historical/customary barriers to women's land rights (e.g., Mohammedan exceptions, tenancy exclusions) and modern remedies via CEDAW, commissions, and targeted policies like women's corpus funds; landmark insights from cases like Hussain Bais (customs on alienation) emphasize reform needs, but no single transformative Supreme Court ruling dominates—focus on legislative evolution for equity ["

TILLEKERATNE v. SAMSEDEEN

"] ["2015 0 Supreme(Tri) 79"] ["2010 0 Supreme(All) 2719"] ["2023 0 Supreme(Gau) 96"] ["2003 0 Supreme(P&H) 1289"]

Supreme Court Jurisprudence on Gender Equality and Women's Rights in India

Landmark Supreme Court Cases on Women's Rights in India

Women's rights have seen transformative progress in India, largely driven by landmark Supreme Court judgments that interpret constitutional guarantees under Articles 14, 15, 16, 19, and 21. These rulings have addressed workplace harassment, employment discrimination, property rights, domestic violence, and more, fostering gender equality. If you're seeking a lecture on women related laws and landmark case laws, this comprehensive overview draws from pivotal decisions to highlight how the judiciary has empowered women.

Note: This article provides general information based on notable cases and is not legal advice. Consult a qualified lawyer for specific situations.

Vishaka Guidelines: Pioneering Protection Against Workplace Sexual Harassment

One of the most groundbreaking rulings is Vishaka v. State of Rajasthan, where the Supreme Court issued binding guidelines enforceable as law under Article 141. The Court recognized gender equality as a fundamental right under Articles 14, 19, and 21, stating: In exercise of power under Article 32 guidelines are issued for enforcement of Fundamental rights – These guide lines be treated as the law declared by this Court under Article 141 of Constitution – These are to be observed at all work places for preservation and enforcement of the right to gender equality of working women. 1997 0 Supreme(Raj) 616

These guidelines prohibit unwelcome sexually determined behavior and mandate its inclusion in workplace standing orders. A subsequent public interest litigation reinforced this: implementation of the guidelines in Vishaka has to be not only in form but substance and spirit so as to make available safe and secure environment to women at the workplace. 2012 7 Supreme 321

Today, these form the basis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, ensuring safe environments across sectors.

Employment and Professional Equality: Striking Down Gender Barriers

The Court has consistently invalidated gender-based discrimination in employment. In a case involving a trade union barring women make-up artists, it held: Gender equality is recognised as fundamental right in Vishaka case – Therefore respondent no. 5 Association which is a trade union registered under the Trade Union Act cannot discriminate people on the basis of sex. 2014 8 Supreme 168

Similarly, a blanket prohibition on women working in liquor premises under the Punjab Excise Act was struck down: End result is an invidious discrimination perpetrating sexual differences... Such a restriction keeping in view a citizen’s right to be considered for employment, which is a facet of the right to livelihood do not stand judicial scrutiny. 2008 1 Supreme 17

Protective measures, however, stand upheld. Reservations for women principals in girls' colleges were deemed reasonable under Article 15(3): Rules providing for appointment of lady principle in Women s college or a lady teacher therein cannot be held to be violative either of Article 14 or 16 of the Constitution because classification is reasonable and it has a nexus with the object sought to be achieved. 2003 7 Supreme 256

Property Rights: Empowering Hindu Women Through Succession Laws

Under the Hindu Succession Act, Section 14(1) grants absolute ownership to Hindu women, converting limited estates into full rights: Any instrument, document, device etc. under which Hindu female came to possess the property... in recognition of her pre-existing right... the operation of sub-section (1) of Section 14 read wiht Explanation I, Hindu Succession Act, remove the fetters and the limited right blossoms into an absolute right. 1996 2 Supreme 720

This aligns with constitutional mandates to eliminate gender disparities in inheritance, allowing women equal shares as daughters and widows.

Domestic Violence and Marital Rights: Strengthening Protections

The Protection of Women from Domestic Violence Act, 2005 (DV Act), has been affirmed as constitutional, providing special protections under Article 15(3): Special protection for women under the Act is justified and in line with Article 15(3) of the Constitution of India. 2009 0 Supreme(Mad) 976

In Harsora Sisters Pvt. Ltd. v. Competition Commission of India, the Court struck down the gender-specific definition of respondents in Section 2(q): The words adult male before the word person in Section 2(q) struck down. 2016 7 Supreme 232 This made remedies more inclusive while prioritizing women.

Marital rape of minors was criminalized by reading down IPC Section 375 Exception 2: Exception 2 to Section 375 of the IPC should now be meaningfully read as: Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. 2017 7 Supreme 673

Related laws like Section 498A IPC (cruelty by husband/in-laws), Section 304B IPC (dowry death), Dowry Prohibition Act, 1961, and Section 125 CrPC (maintenance) complement these. Courts emphasize evidence in DV cases: interim maintenance may be granted pending trial, but final relief depends on proving domestic relationships. 2021 0 Supreme(Del) 341

Parveen Tandon VS Tanika Tandon

For instance, live-in relationships resembling marriage can qualify, but adulterous ones typically do not. 2019 0 Supreme(Chh) 989

Exceptions, Limitations, and Broader Context

While Article 15(3) allows protective discrimination, it must be proportionate. Absolute employment bans fail scrutiny, as seen in liquor bar cases 2008 1 Supreme 17. Customary practices like child marriage yield to statutes like POCSO 2017 7 Supreme 673.

Additional judicial insights reinforce women's protections in vulnerable situations, such as maintenance for destitute wives and remedies against mental cruelty. 2021 0 Supreme(Del) 1372 Courts often direct return of interim maintenance if no domestic relationship is proven post-trial.

Parveen Tandon VS Tanika Tandon

Key limitations: DV Act prioritizes women but post-amendment allows action against female relatives 2016 7 Supreme 232.
Evidence threshold: Relationships must be evidenced; presumptions from cohabitation are rebuttable 2019 0 Supreme(Chh) 989.

Key Takeaways and Recommendations

These landmark cases underscore India's commitment to gender justice:- Invoke Vishaka and POSH Act for harassment claims.- Challenge discriminatory bylaws under Articles 14, 19(1)(g), 21.- Claim absolute property rights via Hindu Succession Act Section 14(1).- Use DV Act judiciously, backed by evidence of shared households.

Legal professionals and policymakers should ensure enforcement, while individuals stay informed. For comprehensive gender equality, continued judicial and legislative action is vital.

References:1. 1997 0 Supreme(Raj) 616 Vishaka guidelines.2. 2014 8 Supreme 168 Trade union discrimination.3. 2003 7 Supreme 256 Women reservations.4. 1996 2 Supreme 720 Property rights.5. 2008 1 Supreme 17 Liquor employment ban.6. 2012 7 Supreme 321 Vishaka enforcement.7. 2016 7 Supreme 232 DV Act amendment.8. 2017 7 Supreme 673 Marital rape minors.9. 2009 0 Supreme(Mad) 976 DV Act constitutionality.10. DV-related: 2021 0 Supreme(Del) 341,