Year ender 2022: The year 2022 was filled with both positives and negatives for India. Issues like inflation and unemployment continued to remain matters of concern while the country saw developments in various other fields, especially in science and health sectors. Also, 2022 turned out to be a year full of positives for women as the Supreme Court took several important decisions for their betterment. Here is a list of path-breaking decisions that the top court took this year:
Marital rape is rape
The Supreme Court observed on September 29 that marital rape is also rape. The catch here is that the judgment has been passed for the purpose of abortion. Yet, this observation has given hope to innumerable women across the country.
In a landmark ruling, the apex court noted that sexual assault committed by a husband on his wife will be recognized as rape under the provisions of the Medical Termination of Pregnancy (MTP) Act. It added that the definition of rape will also include marital rape under the MTP act.
Safe and legal abortion is every woman's right
In yet another landmark judgment, the top court stated that women across the country have a right to abort a fetus between 20-24 weeks. The Supreme Court said that it was unconstitutional to distinguish between married and unmarried women for allowing the termination of pregnancy.
A three-judge bench consisting of Justice D Y Chandrachud, A S Bopanna, and J B Pardiwala on September 29 stated that discrimination on the basis of the marital status of a woman went against her right to equality. According to Rule 3B of the Medical Termination of Pregnancy Rules, 2003, some categories of women were allowed to seek termination of pregnancy between 20-24 weeks under certain extraordinary circumstances.
The provision was challenged by a 25-year-old unmarried woman who had moved the court seeking an abortion at 23 weeks and 5 days that the Delhi High Court had declined. The woman stated she wished to terminate her pregnancy as 'her partner had refused to marry her at the last stage'.
In India, mother has the right to decide child's surname
The apex court ruled that a mother has the right to decide the surname of the child since she is the natural guardian. The court also noted that even after the demise of her first husband, a mother cannot be restrained from including the child in her new family and deciding the surname.
A bench of Justices Dinesh Maheshwari and Krishna Murari said, "The woman also has the right to give the child in adoption.” The apex court also elevated the mother to an equal position as the father, bolstering her right as a natural guardian of the minor child under Section 6 of the Hindu Minority and Adoption Act, 1956.
Two-finger test shows patriarchal mindset
On October 31, the Supreme Court banned the practice of the 'two-finger test ' on rape or sexual assault survivors stating that anyone found conducting the test would be guilty of misconduct and dealt with accordingly.
The apex court said that the test is 'regressive and invasive' and has 'no scientific basis as it neither proves nor disapproves allegations of rape'. On the contrary, it 're-victimises and re-traumatises women who may have been sexually assaulted.'
The Court also directed the Ministry of Health to review curriculums in medical schools so that the two-finger test is not prescribed as one of the procedures to be adopted while examining survivors of sexual assault and rape. The top court was deciding an appeal filed against a judgment of the Telangana High Court which overturned the conviction recorded by a trial court in a rape case.
Asking money for construction of house to be treated as dowry
Earlier in the year, SC passed the judgment that the daughter asking her parents to 'loan' money to her in-laws to build a house will be considered dowry. The apex court was hearing a case related to dowry death.
Justices Hima Kohli and A S Bopanna said, “In the light of the provision of the Dowry Act that defines the word ‘dowry’ and takes in its ambit any kind of property or valuable security, in our opinion, the High Court fell into an error by holding that the demand of money for the construction of a house cannot be treated as a dowry demand.”
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