Year Ender 2022: 5 Orders By The SC Favouring Women That Restore Our Faith In Judiciary

This year the Supreme Court of India passed several decisions in favour of women. From addressing marital rape to banning the two-finger test, the 2022 decisions by different benches were wins for not only the complaints involved in the case but also for women of the country.

Here we are looking at the statements of the SC that restored our faith in the judiciary.

‘Mother Has The Right To Decide The Surname Of Child’

On July 29, the SC overturned the decision of the Andhra Pradesh High Court and said that a mother, being the only natural guardian of the child, has the right to decide the surname of her kid.

It was a welcoming decision because, in our society, children are known by the name of their fathers. They are supposed to carry the name forward. However, when a woman is married, she is expected to take the name of her husband. However, it is not mandatory.

‘Unmarried Women Also Entitled To Safe And Legal Abortion’

In September, the Supreme Court passed an order that every woman in India, irrespective of her marital status, has the right to safe and legal abortion. The bench noted that it was unconstitutional to exclude unmarried women from the Medical Termination of Pregnancy Rules (MTP).

The court was hearing the case of a woman who conceived out of a consensual relationship and was seeking a safe abortion at 23 weeks and five days. The bench granted her wish, provided her health would not be at stake.

‘Marital Rape Is Rape’

On September 29, the SC also observed that marital rape is rape. There is an ongoing conversation in the country to criminalise marital rape; however, women are still fighting for it.

But the observation by the bench has given women a ray of hope that soon the criminalisation of the offence would help the survivors. This might take the discussion forward in the right direction.

According to the National Family Health Survey of 2019-2021, 83% of perpetrators of sexual violence among married women are husbands. Hopefully, in 2023, we will hear the legislation criminalising marital rape.

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‘Two-Finger Test Is Patriarchal & Sexist’

On October 31, the Supreme Court observed, “The so-called test (two-finger test) has no scientific basis.” The bench also said that the test was based on an incorrect assumption that a sexually active woman cannot be raped.

It also noted, “Probative value of testimony does not depend on sexual history.” The court called the test “sexist and patriarchal.” It has directed the Union Government and State Governments to ensure that no hospital should be practising it.

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‘Asking Money For House Construction To Be Treat As Dowry’

In January 2022, the SC was hearing a case of dowry death. The Madhya Pradesh High Court said that it was not a dowry death because the daughter asked her family to loan money to her in-laws so that they could build a house.

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.”