S
Sahaj Vidhi
Law Optional 2023 Paper II solved
  1. (a) “महिलाओं के सांविधानिक अधिकारों को सुनिश्चित करने में जनहित वाद को एक उपकरण की तरह प्रयोग करते हुये सांविधानिक न्यायालयों ने न्यायिक सक्रियता से महिलाओं के विरुद्ध शोषण से सुरक्षित करने में महत्वपूर्ण योगदान किया है।" निदर्शक (मुख्य) वाद विधियों के साथ व्याख्या कीजिये । "The Constitutional courts through their judicial activism have made substantial contribution in protecting women against exploitation, using Public Interest Litigation as a tool for securing their Constitutional rights." Explain with leading case laws.
Verified Answer

  1. Core Legal Answer & Context: The statement accurately highlights the pivotal role of Indian Constitutional courts (Supreme Court and High Courts) in advancing women's rights. Through judicial activism, particularly utilizing Public Interest Litigation (PIL), these courts have proactively intervened to protect women from exploitation and secure their constitutional guarantees. PIL allows any public-spirited individual or organization to approach the court on behalf of marginalized groups, including women, who may lack the resources or awareness to seek justice themselves. This has been instrumental in addressing systemic issues and filling legislative gaps.

  2. Relevant Statutes and Sections:

  • Indian Constitution:
    • Article 14: Guarantees equality before the law and equal protection of the laws.
    • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
    • Article 21: Guarantees protection of life and personal liberty, which has been expansively interpreted to include the right to live with dignity, free from exploitation.
  • Public Interest Litigation (PIL): While not a specific statute, it's a judicial innovation under Articles 32 (Supreme Court) and 226 (High Courts) of the Constitution.
  1. Important Landmark Cases:
  • Vishaka v. State of Rajasthan (1997): This landmark Supreme Court judgment, in response to a PIL, laid down comprehensive guidelines for preventing sexual harassment of women at the workplace. These guidelines, in the absence of specific legislation, had the force of law until the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted.
  • Mary Roy v. State of Kerala (1986): Through a PIL, the Supreme Court struck down discriminatory provisions in the Travancore Christian Succession Act, ensuring equal inheritance rights for Syrian Christian women, aligning with constitutional equality principles.
  • Laxmi v. Union of India (2013): Following a PIL, the Supreme Court issued stringent directions for regulating the sale of acid across the country to curb acid attacks, demonstrating judicial intervention to protect women from violence.
  1. Clear Conclusion: Constitutional courts in India, leveraging judicial activism and PIL, have made profound contributions to protecting women's rights. By interpreting constitutional provisions broadly and issuing binding directives, they have addressed various forms of exploitation and discrimination, from workplace harassment to property rights and violence. This proactive approach has not only secured constitutional rights for women but also spurred legislative reforms, making PIL an indispensable tool for social justice and gender equality in India.