Republic Day: 6 Pathbreaking SC Rulings for Women's Empowerment

By: WE Staff

Mary Roy v. State of Kerala (1986)

The Mary Roy v. State of Kerala (1986) judgment marked a decisive step toward gender equality in inheritance laws. The Supreme Court struck down discriminatory provisions of the Travancore Christian Succession Act, which limited daughters’ rights to ancestral property, and affirmed that Christian women are entitled to equal inheritance under the Indian Succession Act, 1925. The case arose when Mary Roy challenged the denial of her rightful share, arguing that such practices violated constitutional equality. By prioritising fundamental rights over patriarchal customs, the Court ensured uniform succession laws for Christians nationwide and set a lasting precedent for dismantling gender bias within personal laws.

Vishaka & Ors. v. State of Rajasthan (1997)

The Vishaka v. State of Rajasthan (1997) judgment reshaped workplace rights for women in India by addressing sexual harassment in the absence of specific legislation. Triggered by the assault on social worker Bhanwari Devi, the Supreme Court treated the issue as a violation of women’s fundamental rights to equality, dignity, and livelihood. Through a public interest petition, the Court laid down enforceable guidelines defining sexual harassment, mandating employer responsibility, preventive measures, complaint committees, and victim support. These directions were binding across public and private workplaces until Parliament enacted the Sexual Harassment of Women at Workplace Act, 2013, institutionalising the Vishaka principles into law.

Shayara Bano vs. Union of India (2017)

The Shayara Bano v. Union of India (2017) judgment marked a watershed moment for gender justice within personal laws. By a 3:2 majority, the Supreme Court struck down instant triple talaq as arbitrary and unconstitutional, holding that it violated women’s rights to equality and dignity. The Court clarified that the practice was not an essential religious tenet and therefore not protected under freedom of religion. This ruling reaffirmed that personal laws must align with constitutional values and remain open to judicial scrutiny. It paved the way for the Muslim Women (Protection of Rights on Marriage) Act, 2019, strengthening legal protection against unilateral divorce. Earlier, the Shah Bano case (1985) had upheld a Muslim woman’s right to maintenance under secular law, laying the foundation for later reforms.