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Judicial Interventions and WomenPatriarchy cedes to gender equality
Deeply entrenched patriarchy continues in modern India, from the airlines to the armed forces. But the Supreme Court’s November 2011 judgment, stating that Air India’s policy of appointing only males as in-flight supervisors was patently discriminatory, is a victory More... Child custody in the context of foreign court ordersIn a matrimonial dispute case involving a child, where the child was removed from his natural environment (the US) by the mother, and brought to India, the Supreme Court of India ruled that it was the child’s best interests that must be given priority. Both mother and son were ordered to return to the US within 15 days More... Free to choose: Mental retardation and reproductive choiceIn a landmark judgment, the Supreme Court of India struck down a high court order to terminate the pregnancy of a mentally retarded woman, against her will More... Apex court rules anew on cruelty by husband and relativesThe Supreme Court does not just decide individual cases -- it lays down the law of the land. A recent ruling in which the apex court held that kicking a woman and threatening her with divorce do not amount to cruelty could set an unhealthy precedent More... SC flip-flops on irretrievable breakdown of marriageThe Supreme Court has in the past granted divorce based on irretrievable breakdown of marriage, but a recent judgment dismisses it. The law must be settled once and for all, in the best interests of society More... Sexual harassment at defence establishmentsIf a woman employed in the defence services files sexual harassment charges at the workplace, she is likely to be further harassed by the initiation of disciplinary proceedings against her, as the recent case of the principal of Army Public School demonstrates More... Medical expenses and maintenanceIn a judgment regarding medical reimbursement to a wife by her husband, the Supreme Court observed that the terms ‘maintenance’ and ‘support’ include means of living, food, clothes, shelter, recreation, health, proper care, nursing and medical assistance during sickness. Therefore, a wife is entitled to get medical reimbursement from her husband as part of maintenance More... Maintenance for wife and children: final and interimWhat is the law’s position on maintenance for the wife and children, after a divorce? What happens if the courts take years to arrive at a final decision regarding maintenance? Can the wife and children avail of interim maintenance during pendency of the proceedings? More... The finer points of dowry deathIn Baldev Singh versus State of Punjab 2008 (11) SCALE 120, although a demand by the husband for a fair share for his wife in her father’s property did not constitute a demand for dowry there were other circumstances and evidence to prove that the wife was being harassed by her husband and her in-laws for dowry, and subsequently died, making it a dowry death More... The ‘husband’ in the context of cruelty, dowry death and the validity of marriageHow does one interpret the expression “husband” in the context of the offences of cruelty and dowry demands, in cases where the validity of the marriage is in question? More... |
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