Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Equality and Position of Women in India

        Equality and Position of Women in India

            Introduction 

India is well known for its system of patriarchy from ancient times. Women were thought to be worshiped and respected but were never given equal rights as men. They were deprived of education, property and were forced to marry at a very early age. Female infanticide, Sati System, and Dowry Systems further degraded the position of women in India.

In Present Time

Equal Remuneration Act, 1976, The Sexual Harassment of Women at Workplace Act 2013,  Protection of Women from Domestic Violence Act, 2005, Indecent Representation of Women (Prohibition) Act, 1986, Hindu Marriage Act, 1955, Hindu Succession Act, 1956 and Hindu Minority and Guardianship Act, 1956 is the prominent legislation that have contributed towards the enlistment of women.

The judiciary apart from the legislature has also been playing an active role in the empowerment of women through various judicial pronouncements and by guiding the legislature in making the required legislation for the enlistment of women of our country. Following judicial pronouncements have brought drastic changes in the position of women and help them secure equal rights as that of men in the country:

Vishakha v. State of Rajasthan

This case has further set new standards of equality by laying guidelines against sexual harassment at the workplace. These guidelines have been laid by the apex court in absence of legislation governing the same. The court observed that gender equality is a basic human right that includes working with dignity and protection from sexual harassment. This right is to be protected under Art.14 of the Indian Constitution. This judgment enforced Art.14, 19, and 21 of the Constitution for women working for their livelihood.

Shayara Bano v. Union of India

The petitioner filed a writ petition in the apex court for declaring the practice of triple talaq unconstitutional as she was divorced by her husband who was married to her for 15 years. The matter was heard by a 5 judge bench including the then-Chief Justice of India, CJI J.S. Khehar. The court held the practice of triple talaq also known as ‘Talaq-e-bidat’ unconstitutional by a majority of 3:2. The bench observed that Art.14 and 15 of the Indian Constitution also guarantees gender equality and it cannot be overlooked by the social status based upon patriarchal values. This case was considered as one of the biggest milestones for those women who have been deprived of their rights since the inception of this social norm.

Indian Lawyers Association v. State of Kerala

This public interest litigation generally concerned the Entry of women of menstruating age in the Sabrimala Temple situated in Kerala known for Lord Ayappa. It was filed by the petitioners in the Honorable Court in 2008 against the State of Kerala against rule 3(b) of the Kerala Hindu Places of Worship (Authorization of Entry) Rules, 1965 for violating fundamental rights of women of menstruating age (10-50 years).

The court with a majority of 4:1 held that such practice is discriminatory and violation of fundamental rights of such women. Therefore, the court by this decision had struck down rule 3(b) of the Kerala Hindu Places of Worship (Authorization of Entry) Rules, 1965. It was observed by the Honorable Chief Justice of India that patriarchal practices which allow one gender to propagate one’s religion and refrains from others are an infringement of the fundamental right of equality and freedom to propagate one’s religion.

This judgment established another benchmark by breaking social norms that favored patriarchy.

Joseph Shine v. Union of India

Sec 497 of the IPC was tested in the current case for being unfair by the candidate. A five-appointed authority seat of the summit court overruled every one of the past decisions that held the arrangement substantial. The court pronounced the arrangements of the segment illegal which makes it no anymore an offense.


Even though the applicant contended that the arrangements were oppressive towards men yet the court expressed that the arrangement was corrupting to ladies as she was considered as a product who requires the consent of her significant other in the issue of infidelity. The court additionally expressed that this arrangement was enemies of ladies rather than the dispute introduced by the solicitor for oppression.


Location: Varanasi, Uttar Pradesh, India

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