2022 Rewind: Iconic Decisions By SC Redefining Women’s Rights in India

By Ruchi Sharma

The year 2022 has been iconic due to many reasons. But one reason for which it has been extremely important for all women in India is recognition of various rights of women by the Honourable Supreme Court. Many important decisions were announced by the SC this year which strengthened everyone’s belief in the judiciary. Right from making the appaling ‘two finger test’ redundant in case of examining survivors of sexual assault to giving the right of deciding the surname of the child to the mother, the landmark rulings this year are a major win not only for the concerned parties involved in these cases but for all women in India.

Here’s a lookback at all iconic decisions by the SC for Women in 2022:

Mother Of The Child Has The Right To Decide His/Her Surname

Overturning the decision of Andhra Pradesh High Court that ordered the mother to change the child’s surname and refer her new husband as ‘stepfather’ in the child’s records, SC recognised that the child’s name derived his/her identity and the mother being the natural guardian had the right to decide the child’s surname.

This was surely a welcome change as in India the child takes up the surname of their father at the time of birth expecting they take the family lineage forward. Even women are expected to change their surname to husband’s surname post marriage.

Asking Money For House Construction Is Also Dowry

The initial ruling of Madhya Pradesh high court had acquitted the husband and father in law on the grounds that the deceased herself had asked money for constructing a house from her parents and thus it wasn’t dowry. SC set aside this decision and recognised that the women was being tortured to bring money that led to her immolating to death while she was pregnant. Thus, asking for money for house construction was also treated as equivalent to dowry.

The decision will surely be important in giving the clear message that dowry can be demanded in various disguised forms and each one of them is a criminal offence.

Daughters Have Equal Rights In Parents Property Even If The Partition Of Properties Was Done Before 1956

The law of inheritance was extended to partition of properties if the parent had died prior to the year 1956. The case was by the daughter who was the sole heir of her father who died instate in 1949 but they lived in a joint family. The SC recognised that the sole surviving daughter was entitled to inherit her father’s property.

The decision strengthens the women's rights to property and ensures equality in case of inheritance by sons and daughters of the deceased.

Women Had The Right To Safe Abortion Irrespective Of Marital Status

The MTP Act of 1971 was axed and it was announced that unmarried women too were entitled the right to safe abortion of pregnancy between 20 to 24 weeks. All unmarried and single women were granted access to safe and legal abortion by the Supreme Court for pregnancies at par with their married counterparts.

The reproductive rights of the women were strengthened by this judgement recognising that they had the autonomy to make the correct decisions for themselves.

A Woman Can Reside At Her Mother’s Place Or Mother-In-Law’s Place

In response to an appeal filed against the ruling of the Bombay High Court where the petitioner and her husband were asked to vacate her father-in-laws house, SC bench recognised that the woman had the right to reside in the shared household. The court observed that a woman can reside at her mother or mother-in-law's place and cannot be sent away just because you cannot stand her.

In today’s world where women are often rendered homeless and thrown out of their home citing petty reasons, this is indeed a welcome decision as it grants women the Right to Residence.

Marital Rape is Also Sexual Assault

Women are fighting a long battle to get recognition that marital rape is rape too. Just being married does not grant the husband the right to sexually assault his wife. In a historical decsion, SC included the marital rape survivors in the definition of sexual assault survivors and allowed to be eligible to terminate pregnancy beyond 20 weeks law.

The road is still long and this is just a step towards recognising that sexual violence by a husband is also a crime. Mutual consent for a sexual relationship is needed even when a couple is married. Being a husband doesnt give the right to force a woman for sex against her wishes.

Two-Finger Test Put to An End

The ‘per vaginum’ examination commonly known as two-finger test was considered re-victimising and re-traumatising for sexual assault survivors by the SC bench. The Union and State governments were asked to ensure that this procedure was no longer to be prescribed in any medical facility while examining survivors of rape or sexual assault and would be considered misconduct if conducted. 

Whether a woman was sexually active or not cannot be decisive in deciding she was a victim of sexual violence or not. This test was appalling and an assault to a woman’s dignity. 

Here were some of the landmark rulings by the Hon’ble Supreme Court in favour of women’s rights that will pave the way towards an equitable development of the country.

Do tell us in the comments section below which change you are hoping to see next?

News Sources: indiatoday, TOI, TOI, TheHindu, TOI, IndianExpress, TOI.