NEWS & JUDGEMENT

NLSIU Bangalore to provisionally admit transgender student to three-year LLB course.

Justice Ashok S Kinagi emphasized that it was the constitutional responsibility of the University to take affirmative action to protect the rights of gender.Read More

Supreme Court To Hear Plea Regarding Gender Imbalance In Judge Advocate General's Recruitment

The Supreme Court on Friday issued notice on a writ petition which raised the grievance that lesser number of vacancies are earmarked for women in the posts of Judge Advocate General(JAG).The petitioner challenged the notification dated 18.01.2023 for the Judge Advocate General (JAG) Entry Scheme 31st Course, inviting applications from Law Graduates (Men and Women).  Read More 

Menstrual Pain Leave: Supreme Court declines to entertain PIL, says issue within policy domain

The Supreme Court Friday refused to entertain a PIL seeking a direction to all the states to frame rules for menstrual pain leave for female students and working women at their respective workplaces, observing that the issue falls under the policy domain of the government, A bench headed by Chief Justice D Y Chandrachud disposed of the petition and granted liberty to the PIL petitioner to approach the Union Ministry of Women and Child Development with a representation seeking a policy decision on the issue. Read More 

Not providing medical treatment does not amount to cruelty: Mumbai court acquits man, the family accused of abetting wife's suicide

MERELY NOT providing medical treatment to a woman does not mean she was subjected to cruelty, a sessions court said in a recent order, acquitting a man and four of his relatives from charges of domestic violence and abetment of suicide of his wife. “The mere fact that the accused has not provided medical treatment to the deceased does not mean that there was cruelty to her. Further, general wear and tear in the family do not amount to cruelty to the deceased,” the court had said in its order earlier this month. Read More 

Uniform Civil Code Necessary, Discrimination Against Women In Personal Laws Should Be Removed: NHRC Chairperson Justice Arun Kumar Mishra

Article 44 of the Constitution, which contains a constitutional edict to 'endeavour to secure for citizens a uniform civil code throughout the territory of India' should no longer remain a dead letter, said former Supreme Court judge and current chairperson of the National Human Rights Commission, Arun Mishra. "We see discrimination against women worldwide due to social, customary, and religious practices. The time has come to take care of same by enacting legislative provisions to remove discrimination in inheritance, property rights, parental rights, domicile of married woman, and legal capacity," the former judge said.  Read More 

‘Set Your House In Order’: SC Says Army Not Being Fair To Women Officers In Giving Promotion

In an application filed in a plea seeking rank promotion for women army officers, the Supreme Court, on Friday, cautioned the Army authorities (Defence Ministry) that it would pass peremptory order to ensure promotion of women army officers. It expressed concern that the authorities are not treating the women officers fairly. A Bench comprising CJI, Justice D.Y. Chandrachud and P.S. Narasimha conveyed the message to the Additional Solicitor General, Mr. Sanjay Jain appearing in the matter, that the Army authorities should set their house in order and apprise the Bench about the steps taken by them to ensure promotion of women army officers.

"We feel you have not been fair to these officers. We are going to pass peremptory order, you set your house in order and tell us what you are doing" Read More 

"Will Help Gender Diverse Lawyers”: Queer Advocate Requests CJI To Modify Appearance Slips To Allow People To Mention Pronouns

Advocate Rohin Bhatt, a queer lawyer practicing in the Supreme Court of India has written a letter to the Chief Justice of India DY Chandrachud requesting to modify the appearance slips in the Supreme Court to include an additional column for mentioning people's pronouns. As per the letter which has been sent via an email, this would allow the correct usage of a person's pronouns in the Court's orders or judgements. "While this may seem simple, and such a change will only require an administrative direction from you, it will go a long way in affirming the identities of the queer lawyers that appear before the Supreme Court. Such a small step will go a long way in improving experiences within the legal system for trans, gender non-confirming and gender diverse lawyers", the letter states. Read More 

Follow in letter and spirit Central government guidelines to house transgender persons in separate cells in jails: Patna High Court

n a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J. has observed that certain measures have been taken in watching and protecting the interest of the transgender community, who are in conflict with the law, and a separate cell in the jails is earmarked for lodging the inmates hailing from such a community. Further, directed certain instructions to the State. Read More 

In Indian Context, Female Family Member Needs To Look After Children: Kerala HC

"Always there should be a woman at home. Either mother, sister-in-law, mother-in-law, grandmother, somebody should be at home to look after the children," the bench remarked. The Kerala High Court on Friday observed that in the Indian context, a female family member is always needed to look after children. Read More 

Empowering women through social protection: UN rights office

Access to social protection is a fundamental human right, yet a recent UN human rights report shows that numerous women and girls worldwide are still unable to access provisions such as social security payments and pensions.  Read More 

No More Words Like 'Housewife', 'Hooker', 'Adulteress', 'Eve Teasing' In Court Language : Supreme Court Provides Alternatives for ‘Gender Unjust’ Terms

In its newly released ‘Handbook on Combating Gender Stereotypes’, the Supreme Court has identified a list of prejudicial terms that promote harmful gender stereotypes, particularly about women. In some cases, the court has advised against using such terms owing to the antiquated notions that they represent; and in others, suggested alternative words or phrases that may be used. Read More 

"*Can't Women Serve Liquor In Bars? Constitutional Analysis Of Legal Restrictions By - Hannah M Varghese

Exactly a week after International Women's Day, the Excise Department of Kerala registered a case against a bar manager in Kochi for deputing three Russian women as bartenders during its launch party. The matter reached the excise officials after a video of the women bartending in style took social media by storm.  Read More 

AAP’s trailblazer Bobi: Delhi’s first transgender councillor 

The Sultanpuri (A) ward has a new face: Aam Aadmi Party’s Bobi, the city’s first transgender councillor. The 38-year-old said she owed her victory by a margin of nearly 6,000 votes to the love showered upon her by the area’s residents.Read More 

EU-Taiwan conference on LGBTQ rights commences

The EU-Taiwan LGBTI Human Rights Conference on Intersex, Transgender and Protection of Lesbian and Gay Rights began yesterday in Taipei. At the two-day conference, organized by the Executive Yuan Gender Equality Committee and other groups, participants focus on protecting transgender and intersex rights, in addition to the next steps in the fight for equality for gay and lesbian people. Read More 

ICC launches global partnership with UNICEF for gender equality through cricket

BCCI announces the implementation of a pay equity policy for contracted Indian women cricketers. The match fee for both Men and Women Cricketers will be the same. The Board of Control for Cricket in India has taken a historic decision on Thursday to promote gender equality in the nation's most-loved game. Read More 

State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai (CrA 1441 of 2022)

The Supreme Court, in a historic judgment, banned the two-finger test in rape cases. The division bench, comprising of Justice D.Y. Chandrachud and Justice Hima Kohli, in the case of State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai (CrA 1441 of 2022) observed that the pre-vaginum test or the ‘two-finger’ test has no scientific basis and it does not help in proving rape allegations. Restoring conviction in the case, the court held that this test is prohibited and anybody conducting such tests will be held guilty of misconduct.

The court deplored the use of such humiliating tests which re-traumatised and re-victimised the woman. The bench rightly stated that this test is based on an incorrect assumption that a sexually active woman cannot be raped. It is patriarchal and sexist to not believe a woman when she says she was raped merely because she is sexually active. 

The two-finger test involves the examination of a woman’s vagina to ascertain whether she is habituated to sex or not. The WHO has specifically stated that such tests do not help in proving the allegations of rape. The sexual history of a woman should not have a bearing on the acceptance of her rape allegations. This stems from a mindset, rooted in patriarchy. The testimony of a woman is held to have no importance at all. 

Time and again the Apex Court has deprecated the use of such tests. In 2004, the court held that whether or not a woman is habituated is irrelevant in cases of rape. Further, in 2013, it was observed that the two-finger test violates a woman’s right to privacy and the government was directed to come up with a better medical procedure for cases of rape and sexual assault. The Justice Verma Committee also presented certain guidelines to ban the two-finger test. 

Building upon these precedents, the court in the instant case directed the Ministry of Health and Family Welfare to send detailed guidelines across all the private and government hospitals; conduct workshops, and focus on the sensitization of both medical and police personnel.