Women’s rights

Women's rights

The question of female consent

With both the adultery and the marital rape issues being now considered by the Court, it is important to acknowledge that the fear of frivolous litigation should not stop protection from being offered to those caught in abusive traps, where they are degraded to the status of a chattel. The questions involve impairment of the rights conferred under Article 21 of the Constitution.

August 10,2018

The Leaflet Debate

Debate: Are household chores ‘work’?

Are ‘chores’ merely useful tasks that must remain unpaid and unintegrated in the economy because they are by nature different from conventional definition of work? Or, trying to point out a difference between work and chores is an exercise in creating a false binary? Read the first ‘Leaflet debate’.

August 8,2018

Civil Society

Civil society condemns unlawful arrests

protest programme at Parliament Street in Delhi by Campaign Against State Repression on Rights Activists saw the participation of over four thousand people from Delhi, Punjab, Haryana, Uttar Pradesh, Andhra Pradesh, Telangana, West Bengal, Jharkhand, Tamil Nadu and all other parts of the country. The programme was presided by Professor G Haragopal. Justice BG Kolse Patil, D Raja, Manorajan Mohanty, Arundhati Roy, Dharamvir Gandhi, S Vanchinathan and others addressed the gathering.

August 7,2018

Civil Society

WSS condemn transphobia

WSS statement points to the diverse forms of discrimination faced by the community, aggravated by the class and caste hierarchies. Members of transgender community have been historically deprived of their legitimate natural and constitutional rights.

August 6,2018

Women's rights

Anand Grover’s speech on abortion rights in the Supreme Court of Brazil

The Brazilian Supreme Court is holding a two-day public hearing about the decriminalisation of abortion, and Senior Advocate Anand Grover was selected through an open application to speak on the subject from India. At the hearing, which took place on August 3 and is taking place today, August 6, about 50 speakers can be heard, including health, law and social science experts, as well as feminist and international human rights organizations, and religious representatives.

August 6,2018

Constitutional Law

Adultery law treats women as chattel, violates dignity

The advocates for petitioners and interveners seeking decriminalisation of adultery (Section 497 of IPC) said that there is no compelling state interest or a valid rational behind the state to penalise an act of consensual sex between adults; that origin of adultery lies in treating women as property of the man, and that it is in violation of Articles 14, 15 and 21 of Indian Constitution.

August 3,2018

Law and Religion

Deity as juristic entity only for suing and being sued: Jaising

Senior advocate Jaising presented that rights of the deity are restricted for to matters, limited to maintenance of properties and the taxation related issues. Jaising held that this principle has been consistently maintained in the Indian legal jurisprudence since the time of Privy Council and the Judicial Committee decisions, so must apply in Sabarimala as well, and shouldn’t infringe upon fundamental rights of women as citizens.

August 2,2018

Labour Law

Women’s work, unpaid and invisible

Women’s struggle through history has been to have access to what has been systematically denied to them for centuries. This purpose is defeated if we argue merely that women should work because it benefits the economy. The struggle is about equality, liberty and justice; about claiming what is rightfully theirs.

August 1,2018

Law and Religion

The ‘celibacy vs menstruation’ non-debate

Whether it is arbitrariness, lack of parity in verification requirements, placing the onus of men’s celibacy on women, treating men as a class of devotees whose interests require greater protection —each and every one of these conclusions requires the ban to be struck down as blatantly unconstitutional.

July 28,2018

Civil Society

#AntiTraffickingBill2018: Passage in Lok Sabha new low

The Government’s tearing hurry and avoidance of the Standing Committee shows absolute disregard for democratic processes and parliamentary procedures. It also shows that the Government is not confident of its contents and is afraid that closer examination will expose the pompous claims and rhetoric that has surrounded the Bill.

July 27,2018

Law and Religion

Sabarimala, Day 5: Gods over individuals?

Advoates Giri and Sai Deepak argued that the deity had rights under Articles 21 and 25(1), and stated that the will of the deity to remain a ‘brahmachari’ needs to be respected.

July 26,2018

Law and Religion

To codify or not to codify

The Constitution empowers both the legislature and the judiciary to have regulating powers over the personal laws, to bring them up to speed with the times. While it is with great dexterity that such powers should be exercised, it is still a better option than wiping out their existence and imposing a Uniform Civil Code, which comes too close to violation of Article 25, for comfort.

July 26,2018

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