Content by: Harshitha
200 years of slavery seems impossible, imaginarily unbearable but our Indian history has faced it. The undaunting efforts and sacrifices made by our forefathers brought us freedom. The history of the women who have left an indelible mark on the legal profession.
Indian Freedom Struggle would be incomplete without mentioning the contributions of women. The sacrifice made by the women of India will occupy a prominent place. They fought with true spirit and undaunted courage and faced various tortures, exploitations, and hardships to earn us freedom.
Women's participation in India's freedom struggle began in 1817. Bhima Bai Holkar fought bravely against British colonel Malcolm and defeated him in guerilla warfare. Many women including Rani Channama of Kittur, and Rani Begam Hazrat Mahal of Avadh fought against the British East India Company in the 19th century; 30 years before the “First War of Independence 1857”. Women who joined the freedom belonged from various walks of life. But now in the 21st century despite stringent laws, landmark verdicts Indian daughters are not safe!
In India, laws have been historically unfair to women. Universal Adult Franchise was granted in 1950 to the citizens of India irrespective of gender, caste, religion, or race with the commencement of the constitution. Universal Adult Suffrage is the foundation of representative democracy. But are women represented equally? The government has released data on the number of women lawyers enrolled in the country.
Only 15.3 percent of lawyers in India are women, according to data tabled by the Law Ministry in Parliament.
As we embrace greater inclusion in the judiciary than before, aspirations abound for diversity to bring better legal reform and a safer society that benefits all, particularly women who have been at the socially oppressed end of the ladder. We are celebrating 75 years of Aazadi, let us elucidate the role of Indian The grit and determination of Advocate Cornelia Sorabji, the first woman to practice law in India are highly appreciable. She was forced to do odd jobs in courts when she wanted to fight for women. She was once asked to defend an elephant when she wanted to fight for women. Her degree was not recognized for 30 years. She was non-stop and helped hundreds of women and children fight legal battles and the abolition of sati to child marriages.
Justice Leila Seth said, ‘I consciously never took a matrimonial or custody cases as these were regarded fit only for women lawyers. From topping the London bar council exam to becoming the 1st women chief justice of High court in India to open up about her son’s sexual orientation, she was a trailblazer. For her, ‘Sexual orientation should not be the ground for discrimination’.
From the provision of maintenance after divorce for women and children, decriminalizing sexuality, dissent over the Sabarimala verdict, and Criminal charges on contesting candidates to her Commentary on the Law of Arbitration, Justice Indu Malhotra was an exceptional judge in her tenure. She was the first woman advocate to be elevated as a judge of the Supreme Court of India directly from the bar.
Indira Jaising was ranked 20th on the list of 50 Greatest Leaders of the World by Fortune magazine. Standing for Bhopal gas tragedy victims, homeless of Mumbai slums to securing rights of Rohingya Muslims.
Playing a movie chip in court to buttress her case, Vrinda Grover is Known for never mincing her words, Grover has been a champion for the rights of women and marginalized groups. Prominent in the drafting of the POCSO Act 2012, the Criminal Law Amendment of 2013, and the Prevention of Torture Bill, of 2010.
67 years of Supreme Court in India but only 6 top court judges. It took nearly 40 years to get India its first female judge(1998). The ratio is getting better. Nonetheless, a lot needs to be done.
Law for women
Some of the important Acts are mentioned below:
1. The Hindu Marriage Validity Act, 1949.
2. The Special Marriage Act, 1954.
3. The Hindu Marriage Act, 1955 (amended in 1986 and 2010).
4. The Hindu Succession Act, 1956.
5. Immoral Traffic (Prevention) Act, 1956.
6. The Sati Prevention Act, 1987.
7. The Dowry Prohibition Act, 1961.
8. Indecent Representation of Women (Prohibition) Act, 1986.
9. Prohibition of Child Marriage Act, 2007.
10. Protection of Women from Domestic Violence Act, 2005.
11. Compulsory Registration of Marriage Act, 2006.
Besides, the Acts especially related to employment are:
1. The Factory Act, 1948.
2. Employees Insurance Act, 1948.
3. The Maternity Benefit Act, 1961.
4. The Equal Remuneration Act, 1976
The recent landmark judgments include,
The Supreme Court has ruled that all women, regardless of their marital status, are entitled to the benefits of safe and legal abortion up to 24 weeks of pregnancy.
The Supreme Court ruled that marital rape constituted a form of rape under the Medical Termination of Pregnancy (MTP) Act.
The Supreme Court ruled in July 2022 that a woman, who serves as the child's only natural guardian, has the right to choose the child's surname.
The Supreme court Prohibits the two-finger test in rape and sexual assault cases.
The Supreme Court ruled in July 2022 that a woman, who serves as the child's only natural guardian, has the right to choose the child's surname and cannot be prevented from incorporating the child into her new family and choosing the surname even after the death of her first spouse.
The Supreme Court declared that any demand made on a woman, whether for property or a thing of value, should be considered a "dowry."
Can Progressive Laws, and Court Rulings Improve the Condition Of Women In India?
The narratives of lawyers and judges who blazed trails through the exclusionary system have energized subsequent generations of women to don the robes. Indian women have driven for diversity, equity, and inclusion since time immortal.
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Quite insightful
We are not ruled and exploited over 200 years but it is more than 1000 years, by muslims rulers, Afghans rulers, Portuguese rulers, Dutch rulers, finally Britishers for 200 years.