Access to justice is a Fundamental Right that ensures equal protection, fair treatment, and redressal for all members of society. However, in many parts of the world, including India, women face significant challenges in accessing justice.

Despite the current legal frameworks and progressive legislations in place to safeguard women’s rights, numerous barriers and systemic issues persist, hindering their access to justice.

In India, women encounter many challenges that prevent them from fully exercising their rights within the justice system. These challenges stem from deeply ingrained societal norms, gender biases, cultural barriers, economic disparities, and limited awareness of legal remedies. As a result, women often find themselves marginalized and disadvantaged when seeking justice for various forms of discrimination, violence, and rights violations.

This article aims to shed light on the key challenges faced by women in accessing justice in India. It explores the systemic and socio-cultural barriers contributing to this issue, highlighting the need for concerted efforts to address these challenges and create an inclusive and equitable justice system.

By examining the obstacles women face in accessing justice, we can better understand the complexities involved and work towards meaningful solutions. Empowering women with knowledge, enhancing legal literacy, fostering gender sensitivity within the judiciary and law enforcement agencies, and promoting women-friendly legal procedures are some of the critical steps that can contribute to overcoming these challenges and ensuring equal access to justice for all women in India.

Key Challenges Faced by Women While Accessing Justice

Women face various challenges when accessing justice, particularly in cases related to gender-based violence, discrimination, and rights violations. Eight key challenges include:

1. Fear and Intimidation

Women often face fear and intimidation when attempting justice, especially in cases involving powerful perpetrators or influential individuals. Threats, retaliation, and social pressure can discourage women from reporting crimes or pursuing legal action.

2. Lack of Legal Awareness and Information

Many women, especially those from marginalized communities, have limited knowledge of their legal rights and available legal remedies. This lack of awareness hinders their ability to navigate the justice system effectively and seek appropriate redressal.

3. Institutional Barriers

Women may encounter institutional barriers when accessing justice, such as biased attitudes of law enforcement officials, insensitive handling of cases, and lack of gender-sensitivity training among judicial officers. These barriers can undermine women’s trust in the justice system and discourage them from pursuing their cases.

4. Financial Constraints

Financial constraints pose a significant challenge for women seeking justice. Legal processes can be expensive, and women from marginalized backgrounds may lack the resources to hire competent legal representation or cover court-related expenses. Limited access to legal aid further exacerbates this challenge.

5. The Burden of Proof

In cases of gender-based violence or discrimination, women often face the burden of proving their claims. Collecting evidence, especially in cases of sexual assault or domestic violence, can be difficult due to factors such as lack of witnesses, intimidation, or the private nature of the offence.

6. Social Stigma and Victim Blaming

The social stigma surrounding crimes against women and victim-blaming attitudes create significant barriers to justice. Women may fear judgment, humiliation, or social exclusion if they come forward to report crimes or pursue legal action, leading to underreporting and denial of justice.

7. Inadequate Support Services

Insufficient support services for survivors of violence, such as counselling, shelters, and rehabilitation programs, can impede women’s access to justice. Without adequate support, women may feel discouraged, unsupported, or unable to navigate the legal process effectively.

8. Lengthy Legal Procedures and Delays

Lengthy legal procedures and case backlogs pose a significant challenge for women seeking justice. Delays in court proceedings can cause emotional distress, financial strain, and a loss of faith in the justice system.

Addressing these challenges requires a comprehensive approach that includes legal reforms, gender-sensitive training for justice system professionals, awareness campaigns to promote women’s rights and legal literacy, improved access to legal aid services, and creating safe and supportive environments for women to seek justice. By addressing these challenges, society can work towards a more inclusive and accessible justice system that ensures justice for all women.

Socio-Cultural Barriers

Socio-cultural barriers play a significant role in hindering women’s access to justice in India. These barriers stem from deeply rooted societal norms, patriarchal attitudes, and cultural practices perpetuating gender inequality and discrimination. Here are five key socio-cultural barriers faced by women in accessing justice.

1. Gender Bias and Stereotypes

Deep-seated gender biases and stereotypes prevail within society and the justice system. Women often face prejudice and discrimination, which can influence how their complaints or cases are perceived and treated by authorities, leading to a lack of empathy and fair treatment.

2. Stigma and Victim Blaming

There is a pervasive culture of victim-blaming and stigmatization surrounding women who seek justice for crimes such as domestic violence, sexual assault, or harassment. Society often blames women for their experiences, making it difficult for them to come forward, report crimes, and pursue legal action.

3. Barriers to Legal Aid and Representation

Women from marginalized backgrounds often struggle to access legal aid and representation due to financial constraints or lack of information about available resources. This limits their ability to navigate the legal system and present their case effectively.

4. Cultural Norms and Family Pressure

Cultural norms, familial expectations, and social pressures can dissuade women from pursuing legal action, particularly in cases involving their family members or partners. Fear of ostracism, threats, or retaliation can prevent women from seeking justice and accessing support systems.

5. Informal Dispute Resolution Mechanisms

Traditional or informal dispute resolution mechanisms, such as Panchayats (village councils), can perpetuate gender biases and reinforce discriminatory practices. These mechanisms may prioritize community harmony over women’s rights and often lack legal legitimacy or enforceability.

Addressing these socio-cultural barriers requires a multi-faceted approach that involves promoting gender sensitization and awareness campaigns, enhancing legal literacy among women, strengthening support systems, and ensuring the effective implementation of gender-sensitive policies and legislation. By challenging prevailing norms, fostering inclusivity, and empowering women, creating a justice system that provides equitable access to justice for all women in India is possible.

Solutions to Enhance Women’s Access to Justice

Several solutions can be implemented to prevent barriers and enhance women’s access to justice. Here are six useful ideas.

1. Legal Awareness and Education

Promote legal literacy among women, especially those from marginalized communities, through awareness campaigns, workshops, and community outreach programs. Educating women about their rights, available legal remedies, and the justice system empowers them to navigate the legal process effectively.

2. Gender-Sensitive Training

Provide gender sensitization and training programs for judges, lawyers, law enforcement officials, and other justice system professionals. This training should focus on understanding the specific challenges faced by women, combating gender biases, and ensuring fair and sensitive treatment within the justice system.

3. Strengthen Support Services

Establish and strengthen support services for women, including counselling centres, helplines, shelters, and rehabilitation programs. These services provide crucial assistance and emotional support to survivors of gender-based violence, ensuring their well-being throughout the legal process.

4. Accessible Legal Aid

Expand and improve access to legal aid services, particularly for women from marginalized backgrounds. This includes increasing the availability of free or low-cost legal representation, simplifying the application process for legal aid, and establishing legal aid clinics in remote areas.

5. Fast-Track Courts and Timely Justice

Establish dedicated fast-track courts or special benches to handle cases related to gender-based violence, ensuring swift and efficient justice. Reducing case backlogs, expediting legal proceedings, and delivering timely judgments instil confidence in the justice system and encourage women to pursue legal action.

6. Public Awareness and Social Campaigns

Launch comprehensive campaigns to challenge stereotypes, promote gender equality, and change societal attitudes towards gender-based violence. Such campaigns can help reduce stigma, encourage reporting of crimes, and foster community support for women seeking justice.

By implementing these solutions, society can work towards dismantling barriers, promoting gender equality, and ensuring women have equal access to justice in India.

Conclusion

The challenges faced by women in accessing justice in India are deeply rooted in societal norms, gender biases, and cultural practices. These barriers hinder women’s ability to seek justice for gender-based violence, discrimination, and violation of their basic rights. The key challenges women face are the fear of intimidation, lack of legal awareness, institutional biases, financial constraints, and social stigma.

Ultimately, ensuring equal access to justice for women in India requires collaborating with government agencies, civil society organizations, legal professionals, and communities. By working together and implementing comprehensive measures, we can break down the barriers and create a more equitable and inclusive justice system where all women have the opportunity to seek justice, have their voices heard, and receive fair treatment.

• Impact of Digital Technology on Domestic Violence

13 Key Challenges Women Face in Accessing Justice in India
Suhani Dhariwal

Vishaka & Ors vs State Of Rajasthan & Ors
Writ petition no: Writ petn. (Criminal) Nos. 666-70 of 1992
Date of Judgment: 13-08-1997

Vishaka vs State of Rajasthan is a landmark judgement in Indian jurisprudence, particularly in the area of workplace sexual harassment. This case laid down guidelines and norms to be followed by employers in India to prevent and address sexual harassment in the workplace. Here are the key details.

Facts

The case originated from a public interest litigation (PIL) filed by several women’s rights organizations in India after the brutal gang rape of a social worker named Bhanwari Devi in Rajasthan.

Bhanwari Devi was a government employee who had been working to prevent child marriages. She was gang-raped by influential men in her village as a punishment for her efforts to stop child marriage.

The case raised important questions about the absence of legal mechanisms to address sexual harassment in the workplace and the need for guidelines to prevent and redress such incidents.

Issues

The primary issue before the Supreme Court of India in the case of Vishaka vs State of Rajasthan was:

1. Whether sexual harassment of women at workplaces amounts to a violation of their Fundamental Rights under the Indian Constitution.
2. Whether there was a need for guidelines and norms to prevent and address sexual harassment in the workplace.

Petitioner’s Contention

The Vishaka group, which was made up of a number of women’s rights activists, NGOs, and other social activists, filed a writ petition seeking the writ of mandamus. They argued that indecent acts of sexual harassment of women at work violate the Fundamental Rights guaranteed by Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution.

Given the absence of specific legislation, the petitioners argued that the Supreme Court should issue guidelines to provide interim relief until a comprehensive legal framework was put in place. These guidelines would serve as a basis for employers to establish mechanisms to prevent and address sexual harassment in the workplace.

Respondent’s Contention

The respondents have argued that there was no specific legislation in place at the time that directly addressed sexual harassment in the workplace. They might have contended that the absence of such legislation meant that there were no legal grounds for the court to intervene.

Judgement

In its landmark judgement, the Supreme Court of India held that sexual harassment in the workplace amounts to a violation of the Fundamental Rights of women under Articles 14, 15, and 21 of the Indian Constitution.

So, the court laid down important guidelines to address and prevent sexual harassment in the workplace in India. These guidelines, commonly known as the “Vishaka Guidelines,” were issued by the Supreme Court of India in the absence of specific legislation on the subject. They served as the foundation for the eventual enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Here are the key guidelines from the Vishaka case:

1. The Vishaka Guidelines defined sexual harassment at the workplace as any unwelcome act or behaviour, whether directly or by implication, including physical contact, advances, demand, request for sexual favours, making sexually coloured remarks, or showing pornography. It emphasized that any act that interferes with a woman’s work or creates an intimidating, hostile, or offensive work environment is considered sexual harassment.
2. Employers or persons in charge of workplaces were made responsible for preventing and addressing sexual harassment. They were required to take proactive measures to prevent sexual harassment and provide a safe working environment for employees.
3. Employers were instructed to set up Internal Complaints Committees (ICC) at each workplace with more than ten employees. The ICC was tasked with receiving and redressing complaints of sexual harassment. The committee should be composed of at least one external member knowledgeable about the issue and should be headed by a woman.
4. The guidelines outlined a detailed procedure for filing and addressing complaints. It stressed the importance of maintaining confidentiality during the inquiry.
5. The guidelines prohibited any retaliation or adverse actions against the complainant or witnesses. However, those who made false or malicious complaints could face disciplinary action.
6. Employers were required to conduct awareness programs and training for employees to educate them about what constitutes sexual harassment, how to prevent it, and the procedure for filing complaints.
7. Employers had an obligation to submit reports on the number of complaints received and action taken to appropriate authorities.
8. The guidelines did not specify penalties but left it to the discretion of the employer to take disciplinary action against the harasser based on the seriousness of the offence.

It’s important to note that while the Vishaka Guidelines provided a framework for addressing workplace sexual harassment, they were not a substitute for comprehensive legislation. Subsequently, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which expanded on and formalized many of these guidelines, providing a more robust legal framework to address and prevent sexual harassment at the workplace in India.

Vishaka vs State of Rajasthan – Case Explained
Sravani Ravinuthala

Mohd. Ahmed Khan vs Shah Bano Begum And Ors
Writ petition no: Civil Appeal No.7454 of 1981
Date of Judgment: 23-04-1985

The Shah Bano case, officially known as “Mohd. Ahmed Khan vs Shah Bano Begum and Others,” is a landmark legal case in India that had significant implications for Muslim women’s rights and the intersection of personal laws, religion, and gender equality. The case revolved around the issue of maintenance for a divorced Muslim woman.

Facts

Shah Bano, an elderly Muslim woman, was divorced by her husband, Mohd. Ahmed Khan, in 1978. After the divorce, she filed a maintenance petition under section 125 of the Code of Criminal Procedure (CrPC) in a lower court, seeking financial support from her husband.

Legal Issue

The key issue in the case was whether Muslim women could claim maintenance under section 125 of the CrPC, which allows destitute wives, children, and parents to seek maintenance from their relatives.

Extra Info: Under the new Bharatiya Nagarik Suraksha Sanhita of 2023, maintenance is mentioned under Chapter X.

Court Decisions

Here’s what the High Court and the Indian Supreme Court said.

High Court

The High Court initially ruled in favour of Shah Bano, granting her maintenance. This decision was based on the interpretation that section 125 of the CrPC was applicable to all Indian citizens, regardless of their religion.

Supreme Court

The case was subsequently appealed to the Supreme Court of India. The petitioner’s contentions were based on the belief that personal laws should prevail over general laws like section 125 of the CrPC and that religious customs and practices should not be subjected to legal scrutiny.

This argument was rooted in the belief that the state should not interfere with religious matters, particularly in a diverse and pluralistic society like India.

The petitioner’s contentions raised complex issues related to personal laws, gender justice, and the intersection of religious freedom and the rule of law.

In a landmark judgment in 1985, a five-judge bench of the Supreme Court, led by Chief Justice YV Chandrachud, ruled in favour of Shah Bano. The Supreme Court held that Muslim women were indeed eligible to seek maintenance under section 125 of the CrPC, emphasising the principle of gender equality and the Fundamental Rights enshrined in the Indian Constitution.

Controversy and Legislative Response

The Supreme Court’s decision in favour of Shah Bano created controversy, especially among certain Muslim religious groups, who argued that it was an interference in personal laws governed by Islamic principles.

In response to the controversy, the Indian government, led by Prime Minister Rajiv Gandhi, passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act effectively nullified the Supreme Court’s decision by limiting the maintenance period for divorced Muslim women and shifting the responsibility of maintenance from the state to the Muslim husband or relatives.

Impact

The Shah Bano case and its aftermath had a significant impact on the debate surrounding personal laws, religious rights, and gender equality in India. While it highlighted the issue of gender justice and the need for reforms in personal laws, it also underscored the complexities involved in reconciling religious practices with modern legal principles in a diverse and pluralistic society like India.

The case brought attention to the larger debate over a uniform civil code in India, which seeks to establish a common set of personal laws that are applicable to all citizens, irrespective of their religion. The issue of personal laws and gender justice remains a topic of ongoing discussion and reform efforts in the country.

Shah Bano Begum Case Explained in Simple Words
Sravani Ravinuthala

Maternity benefits are essential to protect the health and well-being of expectant mothers and their newborns. They provide financial support during the crucial period of pregnancy and childbirth, ensuring access to proper medical care and nutrition.

Maternity benefits also promote gender equality by recognising the unique challenges faced by women in the workforce and enabling them to balance work and family responsibilities.

By offering maternity benefits, societies can foster a more inclusive and supportive environment for working mothers, ultimately contributing to healthier families and communities.

The Maternity Benefit Act, 1961, has been replaced by the Code of Social Security, 2020, which incorporates provisions related to maternity benefits under Chapter VI. This law article discusses specific maternity benefits under the Code on Social Security, 2020.

Applicability of Maternity Benefit

The first schedule of the Social Security Code, 2020 outlines the scope and applicability of Chapter VI, which pertains to Maternity benefits. The provisions of this chapter apply to the following:

• All establishments categorised as factories, mines, or plantations, including those owned by the government.
• Any shop or establishment that employs ten or more workers, either presently or at any time within the preceding twelve months.

Additionally, the appropriate government has the authority to notify other shops or establishments that fall under the purview of these maternity benefit provisions.

Chapter VI of the Social Security Code ensures that maternity benefits are provided to eligible women working in specific establishments, as mentioned in the 1st schedule.

Related: Social Security and Its Nine Important Elements

Maternity Benefits Under the Code of Social Security

To avail of the following maternity benefits, a woman must meet the following condition, as stated in section 60(2) of the Code of Social Security, 2020:

She should have worked in the employer’s establishment for at least eighty days within the twelve months leading up to the anticipated delivery date. Only after fulfilling this requirement will she be eligible to claim maternity benefits from her employer.

1. Right to Payment of Maternity Benefit

Section 60 (1): Every woman is entitled to maternity benefits at the average daily wage for her period of absence before and after childbirth.

Section 60 (2): To claim maternity benefits, a woman must have worked for at least eighty days in the employer’s establishment within twelve months before her expected delivery.

Section 60 (3): The maximum maternity benefit period is twenty-six weeks, with a reduced duration for women with two or more surviving children.

Section 60 (4): Maternity benefit is granted to women who legally adopt a child below three months and to commissioning mothers for twelve weeks from the child’s handover.

Section 60 (5): If a woman’s work allows, she may work from home after availing of maternity benefits, subject to a mutual agreement with the employer.

2. Payment of Maternity Benefit in Case of Death of a Woman

Section 63: If a woman who is entitled to receive maternity benefit or any other amount under this chapter passes away before receiving such benefit or amount, or if the employer is responsible for providing maternity benefit under the second proviso to subsection (3) of section 60, then the employer must make the payment to the person nominated by the woman in the notice given under section 62.

If no nominee is mentioned, the payment should be made to the woman’s legal representative. In the unfortunate event of the woman’s death, the designated recipient or legal representative will receive the entitled maternity benefit on her behalf.

3. Payment of Medical Bonus

Section 64: Every woman eligible for maternity benefits under this chapter is also entitled to receive a medical bonus from her employer. The medical bonus is set at three thousand five hundred rupees or an amount specified by the central government.

This bonus is given when the employer does not provide free pre-natal confinement and post-natal care. In essence, the medical bonus serves as compensation for medical expenses incurred by the woman if her employer does not offer these healthcare services without charge.

4. Leave for Miscarriage

Section 65: In the event of a miscarriage or medical termination of pregnancy, a woman is entitled to a leave of six weeks with wages at the rate of maternity benefit. This period begins immediately after the day of her miscarriage or termination.

Similarly, suppose a woman undergoes a tubectomy operation. In that case, she is eligible for a two-week leave with wages at the rate of maternity benefit starting from the day of the operation, provided she presents the required proof prescribed by the central government.

Moreover, suppose a woman experiences any illness related to pregnancy, delivery, premature birth of a child, miscarriage, or medical termination of pregnancy. In that case, she can present proof specified by the central government and be granted additional leave with wages at the maternity benefit rate for one month.

The provisions ensure women are granted the necessary time off and financial support in pregnancy-related situations.

5. Nursing Breaks

Section 66: Every woman who has given birth and returns to work after delivery is entitled to nursing breaks. In addition to the regular intervals for rest allowed to her, she must be given two breaks during her daily work, as determined by the central government.

These breaks are provided to nurse her child until the child reaches fifteen months of age. The central government will prescribe the specific duration of these nursing breaks. This provision ensures that new mothers have adequate time to attend to their nursing responsibilities while continuing to work.

6. Creche Facility

Section 67: Every establishment covered by this chapter and employing at least fifty employees (or a prescribed number by the central government) must provide a creche facility within a specified distance.

The crèche may be provided either separately or as part of common facilities. The employer must permit the woman to visit the creche four times a day, including during her rest intervals.

Alternatively, establishments may opt for a common crèche facility provided by the central government, state government, municipality, private entity, non-governmental organisation, or a group of establishments that pool their resources to set up a shared creche, subject to their mutual agreement.

Additionally, the establishment must inform every woman in writing and electronically about all the benefits available under this chapter at the time of her initial appointment.

Case Law

In the case of Mrs Prachi Sen vs Ministry of Defence, the Karnataka High Court ruled that the work-from-home benefit under the Maternity Benefit Act could only be given if the nature of work assigned to the woman allows for remote work.

The petitioner, an executive engineer at Semi-Conductor Technology and Applied Research Centre (STARC), which is an arm of the Ministry of Defence, the government of India, sought to work from home after her maternity leave but was involved in sensitive and complex defence research that couldn’t be conducted remotely.

While the court denied the work-from-home benefit, it directed STARC to be compassionate towards new mothers during the pandemic and provide adequate childcare facilities.

Conclusion

Maternity benefits provided under the Code of Social Security of 2020 are essential for the well-being of expectant mothers and their babies. These benefits include financial support, nursing breaks, creche facilities, and medical bonuses.

By promoting gender equality and supporting working mothers, these provisions contribute to healthier families and communities. The Code’s enactment replaces the Maternity Benefit Act of 1961 and marks a significant step towards creating a more inclusive work environment for women.

Maternity Benefits in India Under Code of Social Security
Gayatri Singh

In the article, we explore various sections of the Family Courts Act, 1984, shedding light on important legal cases and their implications.

These sections cover a wide range of topics related to family law, from the role of Family Courts in resolving disputes to the jurisdiction of civil courts.

Additionally, we touch upon alternative dispute resolution mechanisms, highlighting how they can be utilized in conjunction with the Act’s provisions. This comprehensive overview aims to provide readers with valuable insights into the legal landscape surrounding family matters in India.

Section 1

These are the cases related to section 1 of the Family Courts Act.

Komal S Padukone vs Principal Judge, Family Court, AIR 1999 Bang. 427

Many female litigants need help from others even to get to court. Such situations would make it more difficult and miserable for litigants if all parties were required to appear in person at each hearing date. To avoid causing the parties it hears cases from undue hardship, the Family Court should take a pragmatic and humanitarian approach to organising its business.

Sunil Hansraj Gupta vs Payal Sunil Gupta, AIR 1991 Bom. 423

When a woman and children cannot support themselves, it is essential to establish Family Courts as soon as possible to expand the jurisdiction and ensure that they can live as “human beings” in the truest sense.

Abdul Jaleel vs Shahida, AIR 2003 SC 2525

It is widely accepted that the jurisdiction of the courts explicitly established to settle specific types of disputes should be constructed broadly.

Section 3

Gangadharan vs State of Kerala, AIR 2006 SC 2360

Family Court might be moved around the local area from one location to another.

Section 7

Laxmi Kant Pandey vs UOI, AIR 1984 SC 469

Guardianship issues are also handled by the Family Courts. The Guardians and Wards Act of 1890 prohibits foreign parents from taking an Indian citizen’s child out of India unless the court has designated the foreign parent as the child’s guardian and has been given permission by the court to do so. Therefore, as of right now, the only way a foreign parent can adopt a child from India is to apply to the court where the child typically dwells to be named guardian of the person and given permission to take the child out of India and adopt it there under the laws of his own country.

P Srihari vs P Sukunda, II (2001) DMC (AP) 135

The Family Court lacks the authority to hear a case involving a property dispute between siblings, parents, mothers, or other relatives.

Smt. Rathna vs MP Ramachandra, I (1998) DMC (Kant.) 318

The authority to hear all lawsuits and actions, including a maintenance lawsuit or procedure, has been granted to the Family Court.

C Azaraiah vs The Judge, Family Courts, I (1998) DMC (AP) 313

The Family Court has the authority to hear cases involving claims for relief and incidentally has the competence to hear and decide requests for interlocutory orders under section 7’s clause (a) of subsection (1) of the Family Courts Act, 1984.

P Madhavan Nair vs K Ravindran Unni, AIR 1993 Karn 203

If a civil court had made an order under the Hindu Marriage Act of 1955, and further changes are desired, they must be made by the civil court itself. In this situation, the Guardians and Wards Act of 1890 does not give the Family Court the authority to consider petitions.

Section 8

Javeeda Sherieff vs Mohd Hafeez, II (1993) DMC (Kant.) 157

The primary objective of granting authority to the Family Court for matters specified in section 7 of the Family Courts Act, 1984, is to eliminate the jurisdiction of civil courts once the Act takes effect. It has been established that as per section 8 of the Family Courts Act, 1984, all ongoing processes should be considered as pending cases and automatically transferred under the statutory framework.

Section 9

MP Gangadharan and Another vs State of Kerala and Others, 2007 (1) ALD 25 (SC)

The family counsellors must have a space of their own in Family Court. There must be enough room for conciliation.

Section 10

C Rajeswari Devi vs Sri Karegowda, II (2001) DMC (Kant.) 158

It was decided that a Family Court order granting an unconstitutional temporary relief may be subject to judicial review.

Major Raja P Singh vs Surendra Kumari, I (1993) DMC (Raj.) 285

In the ordinary course of law, the decision in such a case would take years to achieve the finality of the matter if the acceptance or rejection of an amendment application would be regarded as the case determined for this act and is appealable. As a result, accepting or rejecting an amendment was considered an interim ruling for which section 19 of the Family Courts Act, 1984, did not provide for an appeal.

Section 13

Komal S Padukone vs Principal Judge, Family Court, AIR 1999 Bang. 427

The Family Court should not deny the opposite side’s request to be represented by counsel if one side has been granted permission.

Moideen Bava Manchesra Banot vs Shahida, AIR 2006 Ker. 362

The impugned order, which denied the appellant’s request for permission to hire counsel, was an interlocutory order as defined by section 19(1) of the Family Courts Act, 1984. Hence, no appeal could be filed by section 19 of the Act.

Section 14

Manohar Lal Agarwal vs Santosh and Others, II (1993) DMC (Raj.) 202

To better comprehend the nature of the conflict and to attempt to mediate between the parties, the judge of a Family Court is permitted to call witnesses, even grown children. It is improper for the Family Court judge to entrust every submission to the parties, who may not be familiar with the court process.

Section 16

Thomas vs Lucy, II (1994) DMC (Kant) 49

Although not formal procedures, accusations of adultery and divorce are serious affairs with important implications. Affidavit evidence is not acceptable in certain situations in place of parole proof. After the Family Court ruled, the case was returned to it.

Section 17

Vishwas Narahari Sahastrabudhe vs Varda Vishwas Sahastrabudhe, AIR 2006 Bom. 286

As per section 17 of The Family Courts Act, 1984, the expression “judgment” would also include a decree.

Section 18

Jose Kutty Joseph vs Aniamma Thomas, AIR 2006 Ker. 337

When a civil court order was made before the passing of the Family Courts Act, 1984, the order must be carried out by CPC Order 21 Rule 10 by the court that made the order.

Section 19

Prem Singh vs Smt. Madhu Bala, 1995 AIHC 6149 Raj

It was decided that the revision in question should have been submitted under section 19(4) of the Family Courts Act, 1984, when a revision petition was filed under section 397 CrPC against the Family Court’s order.

Geeta Krishnaraj Merchant vs Krishnaraj S Merchant, II (1993) DMC (Bom.) 515

When the wife’s plea to have the ex-parte decree set aside would be unsuccessful as a result of the appeal being dismissed, the withdrawal of the appeal was permitted to avoid such unfavourable outcomes.

Sections 21 to 23

Saleem Advocate Bar Association vs UOI, AIR 2005 SC 3353

It was decided that the ADR Rules should be used in addition to the Family Courts Act’s sections 21 to 23 and 10 Rules for Family Court cases referred to ADR under section 89 CPC (Inserted by Act 46 of 1999, sec 7 (w.e.f. 1-7-2002). Earlier section 89 relating to arbitration was repealed by Act 10 of 1940, sec 49 and Sch II).

Additionally, section 89 of CPC was added to attempt and ensure that not every matter brought in court must be adjudicated by the court itself. It is now essential that recourse be taken to an alternative dispute resolution mechanism to get a dispute between the parties at an early date, considering the rules, delays, and restricted number of Judges accessible.

By section 89, the alternative dispute resolution (ADR) mechanism consists of mediation, arbitration, conciliation, or judicial resolution, including settlement through Lok Adalat.

Read Next: Maternity Benefits in India Under Code of Social Security

22 Notable Cases Related to the Family Courts Act
Dinesh Verma

Bholaram vs Smt. Parwati Sahu
F.A (M) No. 59 of 2009
Date of Judgment: October 7, 2010

• Court Name: Chhattisgarh High Court
• Case Name: Bholaram vs Smt. Parwati Sahu
• Appellant: Bholaram
• Respondent: Smt. Parwati Sahu
• Case No.: F.A (M) No. 59 of 2009
• Equivalent Citations: 2010 SCC OnLine Chh 233 : (2011) 99 AIC 625: AIR 2011 Chh 38
• Bench: Before Hon’ble Mr Justice I.M Quddusi & Hon’ble Mr Justice N.K Agarwal, JJ.
• Date of Judgment: October 7, 2010
• Acts Applied: Guardians and Wards Act (8 of 1890) – Sections 17, 25; Hindu Minority and Guardianship Act (32 of 1956) – Section 13

The Bholaram vs Smt Parwati Sahu case was heard in the Chhattisgarh High Court. The appeal was filed against the order of the Family Court, which dismissed the appellant’s application for custody of his minor child. The case primarily dealt with the role and duty of a Family Court judge in appointing a guardian for a Hindu minor, with the child’s welfare being the paramount consideration.

Facts

1. The appellant, Bholaram, is the father of a minor child named Dhairya Kumar Sahu, aged about six years.
2. The respondent is the child’s maternal grandmother (Nani).
3. The appellant’s wife, Smt Yogita Sahu, died due to burn injuries sustained on January 28, 2005. A criminal trial is pending against the appellant and his family members for abetment of suicide.
4. Since the death of the child’s mother, the respondent has had custody of the minor.

Issues

The main issues in the case were as follows:

1. Whether the appellant, as the father and natural guardian of the child, is legally entitled to custody?
2. What is in the best interest and welfare of the minor child?
3. Should the personal law rights of the parties outweigh the welfare of the child in determining custody?

Appellant’s Arguments

The appellant (Bholaram, the father of a minor child) claimed that he is the child’s natural guardian and is legally entitled to custody. He argued that his financial status is good, and it would be in the child’s best interest to have the love, affection, and proper care of a father. The appellant also criticized the respondent as greedy and only interested in accessing funds belonging to the deceased wife.

Respondent’s Arguments

The respondent (the child’s maternal grandmother or Nani) countered the appellant’s claims by charging him with a criminal background and bad character. She argued that she has been maintaining the child with caution and care, providing an environment conducive to the child’s growth.

Judgement

The court, after considering the impugned order and the records of the trial court, made the following observations:

1. The appellant (the child’s father) has contracted a second marriage and is facing a trial for abetment of suicide.
2. The minor child’s welfare is paramount in appointing a guardian, as per the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890.
3. The court should appoint the most suitable person as the guardian, considering the child’s welfare, even if another person would be entitled to custody under personal law.
4. Previous Supreme Court judgments emphasize that the child’s welfare is the sole and single yardstick to determine custody.
5. The parent’s financial resources and their love for the child may be relevant but cannot be the sole determining factors.
6. The child’s custody should not be disturbed if there is no material showing that the child’s welfare is at risk or that the child is unhappy in the current arrangement.

Principles Laid Down in the Case

1. The minor child’s welfare is the paramount consideration in determining custody.
2. The court should appoint the most suitable person as the guardian, considering the child’s welfare.
3. The parent’s financial resources and their love for the child are relevant but not the sole determining factors.
4. The court should exercise judicial discretion judiciously, considering all relevant facts and circumstances.

Summing Up

In this case, the Chhattisgarh High Court upheld the decision of the Family Court and dismissed the appellant’s application for custody of the minor child. The court emphasized the child’s welfare as the primary consideration. It noted that the appellant’s criminal trial for abetment of suicide and his second marriage raised concerns about his suitability as the guardian. The court also acknowledged the respondent’s careful and nurturing care of the child since the death of the child’s mother.

The court laid down the principle that the child’s welfare should prevail over personal law rights and that the court should appoint the most suitable guardian, considering the child’s best interests. The court clarified that financial resources and love for the child are relevant factors but should not be the sole determining factors.

Ultimately, the court concluded that since there was no material showing that the child’s welfare was at risk or that the child was unhappy with the respondent’s current arrangement, it was inappropriate to disturb the custody arrangement. Therefore, the appellant’s application for custody was rejected, and the respondent, the child’s maternal grandmother, retained custody of the minor child.

Read Next: Guardianship Under Hindu Law in India

Bholaram vs Smt. Parwati Sahu – Case Explained in Easy Words
Dinesh Verma

The recent pronouncements by the Supreme Court and some High Courts in India on the reproductive rights of women have given India an image as the protector of women’s rights on reproductive issues. The Supreme Court, through its interpretative approach, has widened the ambit of these rights.

This law note aims to put before you all the statutory provisions, the interpretation of the courts, and a comparative study with other countries regarding reproductive rights in India.

What Are Reproductive Rights?

Reproductive rights mean the right to make reproductive choices freely, i.e., to reproduce or not, to terminate/abort the pregnancy or not, to carry the pregnancy to its full term or not, to bear and raise the child or not, and to use contraceptives or not. It also includes the choice to decide the number of children, their spacing and timing, and also to have access to reproductive health.

Historically, before the 18th century, around the world, these reproductive rights were considered essentially male property rights. Women were not allowed to terminate their pregnancies without the consent of their husbands.

The number of children a woman would carry, their timing, and spacing — all such issues were decided by the governments of their respective countries as a means of population control or greater public good. There was no specific statutory regime to regulate pregnancies and abortions.

The 19th century witnessed two completely opposite movements regarding reproductive choices. One movement was against the idea of abortion. It was argued that abortion is immoral and unethical as it takes away the life of a human being (the unborn child) without any just cause. Also, it poses a great danger to the life of the mother as it is practised without due procedure and by unprofessional medical practitioners.

Conversely, another movement stressed giving women greater autonomy to make decisions regarding their bodies. They stressed the importance of legalising abortions in certain situations and the liberalization of abortion laws.

It was against this background that many countries in the 20th century enacted abortion laws and policies by adopting a middle path between the two extreme views mentioned above. These laws differ from country to country, though all have broadly agreed upon allowing abortion to save the mother’s life.

Related: Maternity Benefits in India Under Code of Social Security

Statutory Provisions Governing Reproductive Choices in India

The right to make reproductive choices is broadly governed by the Indian Penal Code, 1860, the Medical Termination of Pregnancy Act, 1971 (MTP Act), and the Constitution of India, 1950.

Indian Penal Code

The IPC penalises causing abortion of an unborn child under section 312 if it has not been caused in good faith to save the mother’s life. The section will be applicable as soon as the gestation period (time between conception and birth, during which the embryo or fetus is developing in the uterus) starts. And if the woman is quick with the child, i.e., the movement of the child is felt inside the body, the punishment would extend to seven years of imprisonment.

Medical Termination of Pregnancy Act

However, section 312 of IPC is subject to the provisions of the Medical Termination of Pregnancy Act. This Act allows a woman to terminate her pregnancy under certain circumstances by a registered medical practitioner.

According to section 3 of the Act:

• if there are apprehensions (fear) that the continuation of the pregnancy would cause grave risk to her mental or physical health; or
• that the child, if born, may suffer from a physical or mental abnormality; or
• that the child is the result of the failure of any contraceptive device; or
• that the child is the child of a rape victim,

then in those circumstances, a woman is allowed to terminate her pregnancy if the length of pregnancy doesn’t exceed 24 weeks.

This limitation of 24 weeks will not be applicable if the child has been diagnosed with a substantial foetal abnormality.

Must Read: What Are the Changes Made by the Medical Termination of Pregnancy Amendment Act of 2021?

Indian Constitution

Under the Constitution of India, the right to make reproductive choices flows from Article 21, Article 14 and Article 15 and is a product of judicial interpretation.

In the case of Suchita Srivastava vs Chandigarh Administration (2009), the Supreme Court, while recognising the woman’s right to privacy, dignity, and bodily integrity, held that the right to procreate or abstain from procreating and termination of pregnancy all come under the dimension of personal liberty under Article 21. In lieu of exercising these rights, a woman may make decisions concerning her body.

However, the said choice is not unlimited and may only be exercised within the limits of the Medical Termination of Pregnancy Act, as the State also has a compelling need to protect the lives of the unborn.

Judicial Pronouncement on Reproductive Rights

As mentioned in the preceding paragraph of this article, the judiciary, through its interpretation, has widened the scope of statutory provisions to bestow on women greater reproductive rights.

In X vs Principle Secretary of Health Services, the Supreme Court held that these provisions of the Medical Termination of Pregnancy Act require a liberal and purposeful interpretation, and therefore, pregnancy may be terminated by any woman irrespective of her marital status, whether married, unmarried, divorced, or widowed. The choices related to the family, marriage, procreation, and sexual orientation are integral to personal liberty.

Pregnancy may also be terminated by a couple in a live-in relationship. In S Khushboo vs Kanniammal (2010), it was clarified that though marriage is a recognised and important social institution, certain individuals don’t hold the same view. In those cases, sexual relations outside the marital wedlock are also acceptable.

Also, some High Courts like Bombay and Delhi have, extended the limits of 24 weeks and have allowed women to terminate their pregnancies beyond this time period.

Must Read: Is an Unmarried Woman Legally Allowed to Have an Abortion in India?

India and the World – A Comparative Analysis of Reproductive Rights

India has witnessed progress in not only recognising but also protecting and upholding women’s reproductive rights. All the countries in the world recognise a woman’s right to abort the baby to prevent danger to her own life. However, relatively few countries allow a woman to exercise this right to prevent danger to her physical or mental being or terminate pregnancies resulting from rape or the failure of contraceptives.

For example, India’s neighbours like Bangladesh allow termination of pregnancy only to save the life of the woman, and Pakistan allows it to save the woman’s life when it causes a great risk to her physical and mental being.

Contrary to this, some countries like Canada, China, Denmark, and some European countries allow this pregnancy termination at the women’s request. Women in those countries exercise full autonomy.

In the United States of America, until recently, the case of Roe vs Wade was widely celebrated as it recognised the right to abortion as a constitutional right and an inherent feature of personal liberty. The decision was overturned in Dobbs vs Jackson, and it categorically denied any such right. The decision is an aberration in that the countries are taking positive steps to extend these rights further.

Conclusion

India’s balancing approach, i.e., recognising women’s right to terminate their pregnancy on the one hand and imposing reasonable restrictions to save the life of the unborn on the other, is appropriate and relevant. The greater autonomy granted by the judicial pronouncements has further extended the scope of the exercise of these rights in hitherto patriarchal societies.

Read Next:
1. Most Important Legal Rights of Women in India
2. What Are the Laws Related to Surrogacy in India?
3. Indecent Representation of Women in India – Laws and Cases

Reproductive Rights of Women in India
Naina Agarwal

Mary Roy vs the State of Kerala
Writ Petition (Civil) 8260 of 1983
Date of judgment: 24-02-1986

In this law note, you will learn about the facts, issues, arguments, and judgment of Mary Roy vs the State of Kerala.

Introduction

This case is a landmark judgment by the Supreme Court. It concerns granting Christian women equal inheritance rights. Mary Roy, a human rights activist and educator, petitioned the Supreme Court for gender equality in inheritance and similar rights to their parents’ property as sons.

Facts of the Case

Ms Mary Roy, a widow, was tortured and humiliated by her brothers on a regular basis. Her brothers insisted that she leave their father’s cottage, which they claimed as their own. The brothers also hired goons to threaten her with physical violence if she did not leave the area.

Ms Mary Roy had no claim to their father’s property under the Travancore Succession Act of 1916, and she was also in illegal possession of his cottage, according to her brothers.

Ms Mary Roy refused to leave immediately because she had nowhere else to go. Ms Mary Roy also claimed that this violated her constitutional right to equality. As a result, she resolved to fight for her rights.

Ms Roy sued her brother, George Issac, in a lower court to obtain equal rights to her deceased father’s property. However, the lower court denied the equal right of succession. Ms Roy was adamant, so she appealed the lower court’s judgement to the Kerala High Court, where the case was resolved in her favour.

However, her petition was only approved after Ms Mary had fought the issue for eight years, and she was only granted possession of the property. Her brother, on the other hand, continued to harass her. Ms Mary resolved to take her struggle against her brother’s wrongdoings to the Supreme Court of India.

Ms Roy filed a writ petition to challenge the provisions of the Travancore Christian Succession Law of 1916 to the constitutional remedies provided under Article 32 of the Indian Constitution.

Issues Raised in Mary Roy vs the State of Kerala

There were three major issues raised in this case:

1. Whether the provisions of the Travancore Succession Act of 1916, relating to intestate succession, violate the Hindu Succession Act of 1925.
2. Will the Hindu Succession Act of 1925 or the earlier Travancore Christian Succession Act of 1092 regulate the matter of intestate in the Travancore area?
3. Was Kerala’s High Court ruling legal, and will it be implemented retrospectively?

Arguments in the Mary Roy Case

These were the arguments advanced by both the petitioner and the respondent.

Arguments Given by the Petitioner

The petitioner contended that the laws were discriminatory because the daughter was not given the same value as the son and only a quarter of what the son received. It eventually violated the petitioner’s Fundamental Rights, enshrined in Article 14 and Article 15 of the Indian Constitution.

Arguments Given by the Respondent

The respondent contended that these laws were enacted in the past and that abolishing them would impact people’s beliefs and customs. The respondent further claimed that the petitioner deliberately disrupted society’s norms to become more modern and independent.

Judgement of Mary Roy vs the State of Kerala

The court ruled that no personal laws can supersede India’s Constitution and that any parts of personal law that contravene the Constitution will be declared unconstitutional and unenforceable.

As a result, the provisions of the Travancore Succession Act of 1916 violated Ms Mary’s right to equality, which the Constitution protected under Article 14. Also, they led to gender bias under Article 15 of the Indian Constitution. As a result, the provisions of the Travancore Succession Act of 1916 were declared null and void and could not be used in the case. And the Indian Succession Act of 1925 will supersede the Travancore Succession Act of 1916.

The Supreme Court also ruled that the Kerala High Court’s decision in Ms Mary’s favour would be retrospective. As a result, Ms Roy received a 1/3rd portion of the land.

Critical Analysis

Ms Mary received justice due to the court’s consideration of two crucial Articles of the Indian Constitution, namely, Article 14 and Article 15, which deal with the right to equality and the right against discrimination, respectively.

Conclusion

The court again demonstrated that the Constitution is the ultimate law of the land by dismissing all personal laws in this case and stating that no personal law can be enforced above the Indian Constitution.

It makes me question the uniformity of our laws, as stated in Article 44 of the Indian Constitution, which mandates that the state must endeavour to guarantee that citizens throughout India have access to a Uniform Civil Code.

Suggestions and Recommendations

Even though it took the court forty years to bring justice to Ms Mary, the wait was well worth it because she was ultimately awarded an equal share of her father’s property. Moreover, the court’s decision was correct because it considered the Indian Constitution’s significant Articles and preserved Ms Mary’s core Fundamental Rights.

Read Next:
1. Women Land Rights – Laws, Lack of Rights, and More
2. What Are the Financial Rights of a Hindu Woman at the Time of Divorce?

Mary Roy vs the State of Kerala – Case Explained in Easy Words
Gayatri Singh

In this article, you will read about glass cliff with its effects on businesses and the corporate world, as well as strategies to address this phenomenon.

What Is Glass Cliff?

The term “glass cliff” refers to the tendency for women and members of other underrepresented, disadvantaged groups to be given leadership roles in corporations only during periods of crisis or downturn. The term originated in the field of corporate law.

These leaders are often given positions with high levels of risk and uncertainty, wherein the failure is most likely. It refers to obstacles and covert barriers that women, members of racial or ethnic minorities, individuals with disabilities, homosexual people, and other groups face at work and that prevent them from moving up the corporate ladder.

The glass cliff is a genuine phenomenon, according to research, and it can be caused by a variety of things, such as gender and racial stereotypes, the need to make a strong statement about diversity and inclusion, and the propensity (tendency) of organisations to seek out leaders who are seen as different from the previous leader.

Ultimately, the glass cliff sheds light on the difficulties minority groups who are underrepresented in corporate law confront, as well as the necessity for institutions and organisations to address diversity and inclusion concerns not only at lower levels but also at higher levels of leadership.

Evolution of Glass Cliff

From its initial introduction in 2004, the idea of the “glass cliff” has undergone a significant transformation. For example, it was initially thought to solely affect women in leadership roles. The glass cliff, however, also had an impact on people who belonged to other underrepresented groups, such as people of colour, LGBTQ+ persons, and people with disabilities, as the study* revealed over time.

It is not just a problem in business; it also exists in politics, academia, and other spheres. Women in academia are more likely to be chosen for leadership posts in underperforming departments or amid financial hardships, for instance, while female political leaders are frequently recruited to high-risk positions during periods of political crisis or economic instability.

The development of the glass cliff has also boosted awareness of the phenomenon, which has prompted businesses and individuals to take action. To avoid the formation of it, some businesses, for instance, are actively working to diversify their leadership teams.

Also, increasing activities and dialogues are aimed at encouraging diversity, equity, and inclusion in leadership roles.

Causes for the Formation of Glass Cliff in Corporate Governance

The following are some of the causes of the glass cliff:

1. Stereotyping and Bias

It’s possible that women and minorities are perceived as being more suitable for softer, more caring jobs than demanding leadership positions. Due to this prejudice, it may appear that minorities and women are better qualified for leadership positions in difficult or unstable situations.

2. Lack of Diversity in Leadership

Businesses may be more inclined to go to women and minorities to fill demanding leadership positions if they have a lack of diversity in their leadership ranks. This may give the impression that minorities and women are only appointed because they have no other options.

3. Risk-Taking Attitudes

It’s possible that minorities and women are seen as more risk-takers in leadership positions. When organisations face difficulties or uncertainty, this perception may influence the appointment of these people to high-pressure positions.

Concluding the Causes Section

Women and minorities may find it difficult to obtain leadership positions, especially in fields or organisations where men have traditionally held the majority of the positions. When possibilities do present themselves, they may be more likely to be appointed to demanding positions during periods of unrest or disaster.

Overall, structural biases and hurdles that impede women and minorities from attaining leadership positions and from being seen as credible and successful leaders are to be blamed for the glass cliff. It takes a dedication to diversity and inclusion at all levels of leadership, as well as an understanding of the particular difficulties and experiences that women and minority leaders may have in their positions, to address these biases and barriers. Organizations should avoid the glass cliff and promote the success of all leaders, regardless of gender or background, by fostering a fairer and more inclusive workplace.

Is There a Need for Glass Cliff?

The glass cliff is a phenomenon that describes the tendency to appoint women and minorities to leadership positions during times of crisis or instability, setting them up for failure. This is not a desirable or productive outcome for anyone involved.

The glass cliff can harm minority and women leaders’ reputations and careers, diminish their trustworthiness, and reaffirm preconceived notions about their aptitude for leadership and competence. Also, it may prohibit businesses from utilising their varied leaders’ capabilities to the fullest.

The glass cliff is unnecessary, and organisations should endeavour to remove the prejudices and obstacles that fuel this phenomenon in favour of developing an office environment that values inclusion and diversity at all levels of leadership.

Glass Cliff vs Glass Ceiling

Glass cliff and the glass ceiling are two similar but different workplace phenomena that impact various groups.

The term “glass ceiling” describes the invisible barriers that keep women and other underrepresented groups from rising to senior leadership positions in businesses. Systemic biases and cultural practices that favour males and uphold gender stereotypes can strengthen this barrier. Barriers to progression may include:

• Unequal remuneration.
• A lack of access to leadership training.
• Few possibilities for career development for women and other underrepresented groups.

On the other side, the glass cliff is the tendency for women and other marginalised groups to be appointed in disproportionate numbers to leadership roles during times of crisis or organisational unrest.

The Not-So-Obvious Dangers of the Glass Cliff

The glass cliff poses several dangers to women and minority leaders. Here are some of them:

1. Set Up for Failure

Women and minority leaders appointed to leadership positions during times of crisis or instability may be set up for failure. High expectations and pressure are common characteristics of these professions, although success isn’t always guaranteed. As a result, prejudices regarding the competence and leadership potential of women and minority leaders may be strengthened, harming their careers and reputations.

2. Increased Scrutiny and Bias

Women and minority executives may experience more scrutiny and bias while taking on difficult leadership positions. They could be held to harsher accountability requirements and higher performance standards than their male or non-minority counterparts.

3. Undermined Credibility

Women and minority leaders who are put in charge during times of crisis may find it difficult to build trust with team members and stakeholders. It may be harder for them to lead effectively if they are perceived as being less skilled or competent than their male or non-minority peers.

The risks of the glass cliff highlight the necessity of structural reform in the workplace. Organizations may foster a more equitable and inclusive workplace that is advantageous to all employees by addressing the biases and obstacles that impede women and minorities from thriving in leadership positions.

How Can Women Prevent Falling Off the Glass Cliff?

Although there are no quick fixes for the glass cliff because it is a systemic problem, women must utilise the following techniques to avoid slipping off:

1. Create a Strong Skill Set for Yourself

Women leaders who have a strong skill set are better able to handle demanding leadership jobs. Engage in learning and development activities that can aid in your growth of abilities in strategic thinking, conflict resolution, and decision-making.

2. Be Proactive About Seeking Out Opportunities

Women leaders may not always be given a chance to hold leadership positions; therefore, it’s crucial to be proactive in looking for fresh opportunities and demanding jobs. Speak up for yourself and look for fresh challenges that will allow you to expand your knowledge and expertise.

3. Have a Strong Personal Brand

Women leaders with strong personal brands are more likely to be viewed as competent executives. Work on crafting a message that is distinct from others and consistent with your abilities, expertise, and leadership style.

Instances Where Glass Cliffs Were Seen in Real Life

The glass cliff is a phenomenon where minority or women executives are more likely to be nominated to leadership positions in unstable or crisis-ridden environments where failure is more likely. Examples of the glass cliff include the following:

1. Yahoo’s Marissa Mayer

In 2012, Marissa Mayer was named CEO of Yahoo, a digital business that was in financial trouble and was losing market share to Google and Facebook.

2. Ellen Pao at Reddit

In 2014, Reddit, a well-known social media site dogged by controversy and scandal, nominated Ellen Pao as interim CEO. Users who disapproved of Pao’s leadership style and perceived a lack of transparency subjected her to harsh criticism and abuse, and she eventually decided to leave the company.

3. Mary Barra at GM

In 2014, Mary Barra was appointed as General Motors’ first female CEO. At the time, the firm had just come out of bankruptcy and was dealing with a number of significant recalls involving faulty ignition switches. Barra was given the difficult and stressful responsibility of handling the consequences of the recalls and repairing the company’s reputation.

4. Theresa May as UK Prime Minister

In 2016, immediately after the Brexit referendum, which had brought about political and economic unrest in the nation, Theresa May was appointed UK Prime Minister. May was under tremendous pressure to negotiate a successful Brexit deal and keep the Kingdom stable, but she ultimately found it difficult to win support for her ideas and was compelled to leave in 2019.

In general, the glass cliff is a phenomenon that can be harmful to minority and female leaders since it may set them up for failure in circumstances where success is uncertain. Therefore, a dedication to diversity and inclusion in leadership roles is necessary to address the glass cliff, as is a readiness to support and assist leaders who are dealing with difficult situations.

Conclusion

To sum up, the glass cliff is a serious and alarming phenomenon that has an impact on women and minority leaders. When women or members of minorities are nominated to leadership positions during periods of crisis or unrest, they may be subjected to more scrutiny and performance expectations than their male or non-minority counterparts. This may make it harder for them to succeed and may contribute to a larger pattern of minority and female underrepresentation in leadership roles.

A commitment to diversity and inclusion in leadership is necessary to address the “glass cliff,” as is an understanding of the difficulties and hindrances women and minorities encounter in these positions.

* Note: The author of this article has referred to the research, “The Glass Cliff: Evidence that Women are Over-Represented in Precarious Leadership Positions”, by Michelle Ryan and Alex Haslam, published in the Journal of Occupational and Organizational Psychology.’

Read Next:
1. Most Important Legal Rights of Women in India
2. What Are the Rights of Private Sector Employees in India?
3. Protection of Minorities in the Indian Constitution
4. What Are the Legal Consequences of Sexual Harassment in the Workplace?

What Is Glass Cliff in Corporate Law – Explained With Real Examples and Tips
Yugandhara

Medical Termination of Pregnancy (Amendment) Act, 2021, expanded the applicability and accessibility horizons of abortion rules in India. This article discusses the changes made in the Medical Termination of Pregnancy Act of 1971 due to the Medical Termination of Pregnancy (Amendment) Act of 2021.

Key Features of the Medical Termination of Pregnancy (Amendment) Act, 2021

1. Increase in the upper gestation period from 20 weeks to 24 weeks for special category of women, which includes rape survivors, incest victims and other vulnerable women (which will include minors, specially-abled women etc.)
2. Provision related to the privacy of women who are terminating their pregnancy is also included in the amendment Act, which says that women’s identity will not be revealed. It can be revealed only to the person who is legally authorised for the time being enforced.
3. In case of substantial foetal abnormalities diagnosed by the medical board, the upper gestation period will not be applicable.

Major Differences Between the Medical Termination of Pregnancy (Amendment) Act of 2021 and the Medical Termination of Pregnancy Act of 1971

1. The new amendment Act increases the applicability and accessibility of the legal abortion provisions to unmarried pregnant women as well (citing contraceptive failures as a reason), which was not there in the Medical Termination of Pregnancy Act of 1971.
2. Under the new amendment Act, for termination of pregnancy from 12 to 20 weeks, advice of only one doctor is required, whereas in the Medical Termination of Pregnancy Act of 1971, advice of 2 doctors was mandated. [Section 3(2)(a)]
3. Under the new amendment Act, abortion from 20 to 24 weeks is allowed with the advice of 2 doctors, whereas under the Medical Termination of Pregnancy Act of 1971, abortion beyond 20 weeks was not allowed. [Section 3(2)(b)]
4. Under the new amendment Act, abortion beyond 24 weeks is allowed on the advice and permission of the medical board for substantial foetal abnormality, whereas an abortion beyond 24 weeks was not allowed in the Medical Termination of Pregnancy Act of 1971.

X vs the Principal Secretary Health and Family Welfare Department & Anr (2022)

In this case, the Supreme Court, in its own wording, cited that:

“There is no doubt that a woman’s right to make reproductive choices is also a dimension of “personal liberty” as understood under Article 21 of the Constitution of India. It is important to recognise that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman’s right to refuse participation in sexual activity or alternatively the insistence on the use of contraceptive methods.”

The Act in itself, thus, recognises the importance of the liberty of a woman and the right of a woman on her bodily matters as has been clarified by the Supreme Court in its judgement which also removes a biased distinction between a married and unmarried woman when it comes to abortion laws.

Read Next:
1. Is an Unmarried Woman Legally Allowed To Have an Abortion in India?
2. Amendment to Increase the Legal Age of Marriage for Women in India

What Are the Changes Made By the Medical Termination of Pregnancy Amendment Act of 2021?
Ruchi