A Step Of Judiciary Towards Equality | Constitution Of India | Fundamental Rights | The National TV
- by Aditi-Harshraj
- Apr 14, 2020 12:10
There was a time when women were seen as weak and were ill-treated, their status wasn't too good and was not promoted or given many opportunities. Even In french, there was a time when they were not recognized as a citizen of that state. But now their status, condition are changing. Gender discrimination is still prevailing in India as well as in other countries too but somewhere people, society legislation, executive and Judiciary through its various judgment is showing and uplifting the status of women in Indian society.
Article 14 of the Constitution of India provides a fundamental right. It states as the state shall not deny any person equality before the law or the equal protection of the law within the territory of India. It also means that it is the fundamental right of the people and if it is infringed by anyone, they could go to Court as it is the duty and responsibility of the State work over equality principle. Article 21 of the Constitution of India also provides a fundamental right. It states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. It means that everyone has the right to life, the right to have a clean environment, right to liberty, right to sleep and various other rights are being protected but reasonable restrictions can be applied by the state. Recent Judgement of Supreme Court for uplifting women Secretary, Ministry of Defence v. Babita Puniyal - Extension of Permanent commission in Army & Women won't be deprived of command assessment.
In this case, It was held that women's short service commission officers are also entitled to permanent service at par with their male counterparts and confining them to staff appointment by not providing command assignment is a violation of Article 14 equality principle and Article 21 of Constitution of India. It was also held that Govt can't infringe the right of women on the unreasonable grounds that women can't manage everything & aren't capable enough to handle the pressure. After the Judgement dated 17th Feb 2020, Women will continue their service after 14 years and this was the victory hour for every one of us. Union of India v. Annie Nagaraja - Extension of Permanent commission for women in Navy & are entitled to the level playing field. In this case, It was held that women short service commission officers are also entitled to Permanent Commission in the Indian Navy at par with their male counterparts.
The judgment was passed on 17th March 2020. Depriving women officers of the opportunity to work as equal with men on PCs is discrimination and violation of Article 14 and 21 of the Constitution of India which should not be appreciated by anyone. Further Court also rejected the submission of govt that women officers are not suited for sea sailing duties. Before this Judgement women officers after completing their 14 years were released from service. Before 9th Oct 1991, Women were not commissioned in the Navy under Sec 9(2) of the Navy Act, women were given the opportunity in the Navy too. It was also observed in this case that Women should be entitled to get a level playing field which will ultimately give them an opportunity to overcome discrimination which is still prevailing in our society. Society is changing and accepting women as a strength rather than weakness.
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