India

In Moti Lal v. State of M.P., the appellant raped a woman while she was guarding her husband’s agricultural field. The woman, a member of a Scheduled Caste, and her husband filed a police report.

Parliament enacted The Muslim Women (Protection of Rights on Marriage) Act pursuant to the Supreme Court decision Shayara Bano v. Union of India.

In Naz Foundation v. Govt.

In Neera Mathur v. Life Insurance Corporation of India, a woman applied for employment with the Life Insurance Corporation of India (LIC). After passing the written test and interview, she was required to complete a declaration form disclosing whether she was pregnant and details of her menstrual cycle, and to undergo a medical examination. She submitted the declaration, passed the examination, and was certified fit for the job.

Shortly after a couple wed, the husband and his relatives began treating the wife poorly and demanded dowry from her. The husband and his brother later strangled her with rope and his sisters held the wife’s arms. This led to her death. All of the accused were convicted and sentenced under Sections 302 and 498(a) of the Indian Penal Code.

After a marital dispute, the husband transferred ownership of the marital home to his mother in an attempt to prevent his wife from claiming residence rights under the 2005 Protection of Women from Domestic Violence Act (PWDVA), which does not permit women to be forcibly dispossessed of their homes. The wife filed a complaint seeking protection from dispossession.

In P. Rathinam v. Union of India, the Supreme Court held that Section 309 of the Indian Penal Code, which criminalized attempted suicide, was unconstitutional as it violated Article 21 of the Constitution guaranteeing the right to life and personal liberty.

In this case, the petitioner, convicted under the Dowry Prohibition Act, argued that the testimony of witnesses who were all related to the complainant was insufficient to prove his participation in a demand for dowry. The Court held that such testimony is sufficient to sustain a conviction if credible, and that once evidence of a dowry demand is presented, the burden shifts to the accused to prove that they did not participate, such as by establishing an alibi.

In People's Union for Democratic Rights v. Union of India, a public interest litigation was filed over labor rights violations at construction sites for the 1982 Asian Games. Workers were paid less than the statutory minimum wage, and women received unequal pay, violating the Equal Remuneration Act, 1976.

After a police raid on a brothel, four pimps were arrested and twenty-four women and girls were taken into custody. The magistrate ordered medical examinations to determine, among other things, the women’s ages. He then ordered the release of those aged 18 and over, and a few days later ordered the release of the minor girls, stating that they had expressed a desire to be released. The Court held that this violated the Juvenile Justice Act, as only a Child Welfare Board is authorized to decide on the release and rehabilitation of minors.