A Female Child Is Entitled To Enjoy Equal Right Of A Male Child…
The Supreme Court of India
The legal world of India, with its huge sheaths of laws and minute provisions for the most minor crimes is ironically famous for its long-wound judicial processes, with the legal suit often outliving both, the complainant and the accused. Though critics call it a case of excess of redundant legal provisions, administrative lethargy, corruption and political favoritism emerge to be the real culprits.
However, rising from the shadows, were a few landmark judgments in the last few years, in favor of the Indian girl child and women that definitely ignited a ray of hope for the nearly endangered species.
Death Penalty confirmed for all the convicts of the nirbhaya case
“It sounds like a story from a different world where humanity is treated with irreverence”.
(The Judge’s statement, as a part of the verdict)
In a long-awaited justice for Nirbhaya, the Supreme Court of India finally upheld the death penalty awarded by the Trial Court to all culprits of Nirbhaya case. The three-Judge Bench dismissed the Appeals filed by the convicts and confirmed the capital punishment.
Voluntary Health Association Vs State of Punjab
The worthy Supreme Court issued additional directions to curb female foeticide by effective implementation of the ‘The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
The Division Bench comprising Justices Dipak Misra and Shiva Kirti Singh observed that it needs no special emphasis that a female child is entitled to enjoy equal right that a male child is allowed to have. “The constitutional identity of a female child cannot be mortgaged to any kind of social or other concept that has developed or is thought of. It does not allow any room for any kind of compromise. It only permits affirmative steps that are constitutionally postulated. Be it clearly stated that when rights are conferred by the Constitution, it has to be understood that such rights are recognised regard being had to their naturalness and universalism.”
Voluntary Health Association of Punjab Vs Union of India & Others – 08/11/2016
The Judgment of the Supreme Court of India pertains to the increase of female feticide and resultant imbalance of sex ratio and the indifference in the implementation of the stringent law that is in force in India.
The Bench directs the States and Union Territories to implement the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014 forthwith “considering that the training provided therein is imperative for realizing the objects and purpose of this Act.”
Allahabad HC directs UP Govt. to protect Minor Rape Victim’s unborn Child
The 2-member Bench, comprising of Shabihul Hasnain and D.K. Upadhyaya, J.J, held that it is the responsibility of State government to take care of minor rape victim and her child. The Court directed the State to ensure provision of health facility and education to the victim.
The issue in this case revolves around the minor rape victim’s pregnancy and her resultant trauma. As per the order of court a select team of doctors ruled out the possibility of abortion as the termination of pregnancy will lead to the delivery of a preterm baby.
Mohsin Iqbal, on behalf of the petitioner argued that the Court should look into this matter from the point of view of Article 21 of the Constitution because the victim and her child both have right to live with dignity. Bulbul Godiyal, on behalf of the respondent assured the Court that the State government will help the victim and her child in every possible manner. She also informed the Court about certain schemes of the government, which are beneficial to the victim.