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5 Orders By The SC Favouring Women
Supreme Court
This year, the Supreme Court of India passed several decisions in favour of women. From addressing marital rape to banning the two-finger test, the 2022 decisions by different benches were victories not only for the whistleblowers involved in the case but also for the country’s women.
Here we are looking at the statements of the SC that restored our faith in the judiciary.
Mother Has The Right To Decide The Surname Of Child
On July 29, the SC reversed the decision of the Andhra Pradesh High Court and said that a mother, being the sole natural guardian of the child, has the right to decide the surname of her child.
It was a welcome decision because, in our society, children are known by their fathers names. They are supposed to carry the name forward. However, when a woman is married, she is expected to take her husband's surname. However, it is not required.
Unmarried Women Also Entitled To Safe And Legal Abortion
In September, the Supreme Court approved an order that every woman in India, regardless of marital status, has the right to a safe and legal abortion. The court noted that it was unconstitutional to exclude unmarried women from the Medical Termination of Pregnancy (MTP) Rules.
The court was hearing the case of a woman who conceived from a consensual relationship and was seeking a safe abortion at 23 weeks and five days. The bank granted his wish, as long as his health was not at stake.
Marital Rape Is Rape
On September 29, the SC also noted that marital rape is rape. There is an ongoing conversation in the country to criminalise marital rape; however, women continue to fight for it.
But the observation from the dock has given the women a glimmer of hope that criminalisation of the crime would soon help survivors. This could move the discussion in the right direction.
According to the 2019-2021 National Family Health Survey, 83 percent of perpetrators of sexual violence between married women are husbands. Hopefully, in 2023, we will hear legislation criminalising marital rape.
Two-Finger Test Is Patriarchal & Sexist
On October 31, the Supreme Court observed: "The so-called test (two-finger test) has no scientific basis." The bench also said that the test was based on an incorrect assumption that a sexually active woman cannot be raped.
It also noted: "The probative value of testimony does not depend on sexual history." The court called the test "sexist and patriarchal." He has ordered the Union government and the state governments to make sure that no hospital does it.
Asking Money For House Construction To Be Treat As Dowry
In January 2022, the SC was hearing a dowry death case. The Madhya Pradesh High Court said it was not a dowry death because the daughter asked her family to lend her in-laws money so they could build a house.
Justices Hima Kohli and A S Bopanna said, "In the light of the provision of the Dowry Act that defines the word 'dowry' and takes in its ambit any kind of property or valuable security, in our opinion, the High Court fell into an error by holding that the demand of money for the construction of a house cannot be treated as a dowry demand."
