Name of the Student: DEEPTHI R.

Registration Number:

Programme: BA.LLB

Semester: 1ST SEMESTER

Course Name: POLITICAL ORGANISATION

Course Code: 5BAL103

Component: CIE

Date of Submission: 12/10/2022

Submitted to: Prof. TABASSUM SULTHANA

TOPIC: WOMEN AND CHILDREN-ROLE OF COURTS

 -BY HON’BLE MR. JUSTICE P.SATHASIVAM
Introduction
This article is written by hon'ble MR. Justice P. Sathasivam.
Palanisamy Sathasivam was born on 27 April 1949, is an Indian judge who served as the
40th chief justice of India, holding the office from 2013 to 2014. On retirement from his
judicial career, Sathasivam was appointed as the 21st Governor of Kerala, from 5 September
2014 to 4 September 2019.Sathasivam is the second judge from Tamil Nadu to become the
CJI, after M. Patanjali Sastri. He is also the first former Chief Justice of the Supreme Court to
be appointed as the Governor of a state. He is the first Governor of Kerala to be appointed by
the Narendra Modi Government. This article discusses about the women and children and
role of courts to help them to safeguard their rights. Vulnerable status of women and children
is the only aspect that has not changed in this globalized and liberalized world. This article
also discusses about the women empowerment through judicial process, equal opportunities
and status, child protection etc.
Summary of the article
India is country with multi- culture and religion so, protection of human rights becomes
absolutely necessary. According to human rights act 1993, human rights is defined as "rights
relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or
embodied in the international covenants and enforceable by courts in India".
The Framers of constitution knew about the worse condition of women and children in India,
so they framed two types of rights based on the role of state.
 Positive rights: which requires the state to actively undertake welfare measures.
Under positive rights there are many articles such as
1. Article 14: every person is equal before the law.
2. Article 15(3): it lets the state to make separate provisions for children.
3. Article 21A and 45: provides free and compulsory education to all the kids below the
age of 14.
4. Article 39: the state should make policies such that both men and women should be
treated equally, equal pay for equal work for both men and women, the health and
strength of men and women, workers and the right age for children to work should not
be violated and equal opportunities and facilities should be given to children to grow
in a healthy manner.
5. Article 42: the state should make provisions in such a way that it protects the just and
humane conditions of work and maternity relief.
6. Article 47: it is the responsibility of the state to raise the standards of nutrition and
health of children
 Negative rights: avoids discrimination
1. Article 15(1): the state should not discriminate any citizen related to religion, caste,
race, sex
And place of birth.
2. Article 16(2): no citizen shall discriminate any individuals related to religion, caste, sex
and
Place of birth.
3. Article 23 and 24: prohibits trafficking, forced labour and child labour.
4. Article 39(e ) and (f): bars all forms of exploitation prejudicial to any aspects of the
children's
Welfare.
Advancement of women has been the main aim of constitutional mechanism. Judiciary has
attempted to venture into the critical role of a social reformer by upholding the rights of
women. The role of judiciary can be further seen in the progressive decisions delivered over
the decades.
Equal opportunities and status
 Equal opportunities
1. Ending discrimination in public employment and more representation through
reservation:
This is explained by giving two cases as example.
The first case is C. B Muthamma, IFS v. union of India AIR 1979 SC 1868.this case
talks about the discrimination faced by women even if she is working in high
government posts. The other case is Government of Andhra Pradesh v. P. B Vijay
Kumar, 1995 AIR SCW 2586.this case upheld the reservation available for women in
public services which is 30%.
2. sexual harassment:
Courts has played an important role in laying down the guidelines to curb sexual
harassment.
In both vishaka v. state of Rajasthan and in apparel export promotion council v. A.K.
Chopra, the Supreme Court stated that it is the duty of the state to take appropriate
measures to avoid gender inequalities and protect the honour and dignity of women and
curb sexual harassment in work place.
3. Plight of women workers-from equality to empowerment.
The condition of women workers is one of the ignored section of the society because
most of the women workers are employed in unorganised sector. Under article 42 of the
constitution it is the duty of the state to make provisions for securing just and humane
conditions of work and for maternity relief. Some legislations which promotes article 42
are workmen compensation act 1923, the employees state insurance act 1948, the
minimum wages act 1948, the maternity benefit act 1961, the payment of bonus acct
1965.this article states that all women workers be it regular, casual, daily wages etc.
should have the right to enjoy maternity benefits. This can be referred in the cases of
dattatraya moreshwar pangarkar v. state of Bombay and Municipal Corporation of
Delhi v. female workers.
 Equal status
The Supreme Court plays a very crucial role when it comes to gender justice. There are
many cases where there are no specified laws but the court takes great and justifying
judgments. The courts interpret the decisions which help in serving the status and
conditions of women in the society.
Article 21 of constitution contains provisions for protection of life and personal liberty of
persons.it is referred in the case of state of Maharashtra v. Madhukar Narayan Mandikar, that
every women is entitled to privacy and no one can invade her privacy, it also uplifts and
dignifies the life of prostitutes. Domestic violence is serious infringement of human rights of
women, which needs to be removed completely. Earlier there was only section 498-A of IPC,
to act as remedy when women suffered from domestic violence but now after the enactment
of the protection of women from domestic violence act,2005, remedies available to women
suffering from domestic violence became more clear and stronger. The criminal (amendment)
act 2013, amended the IPC, Cr.P,C and the Indian evidence act to counter crimes against
women. Acts of violence like acid attacks, voyeurism, stalking have been made punishable.
Courts are often called upon to exercise their parens patriae which means parent of the nation.

RIGHTS OF CHILDREN
  Civil rights
Right to name and nationality, birth registration, protection from torture and
maltreatment, special rules governing the circumstances and conditions under which
children may be deprived of their liberty or separated from their parents.
 Economic rights
Right to benefit from social security, right to a standard of living adequate to ensure
proper development and protection from exploitation at work.
 Social rights
Right to the highest attainable standard of health and access to medical services, right to
special care for handicapped children, protection from sexual exploitation and
abduction and the regulation of adoption.
 Cultural rights
Right to education, access to appropriate information, recreation and leisure.
CHILD PROTECTION
Child protection means protection from abuse and violence. Child protection in closely
connected to all aspects of children's well-being. India has witnessed an increase both in
crimes committed by children and those committed against them.in both child line India
foundation v. Alan john waters and sheela barse v. children aid society case the court has
highlighted the importance of protection of children. Deciding cases where children is
involved becomes more complicated for the judges.
When children come in contact with law as victims, witnesses, offenders or complainants, it
is important for the court to adopt child friendly procedures. Under the protection of children
from sexual offences act 2012.the act incorporates child friendly procedure, reporting,
recording of evidence, investigation and the trial of offences. Every children must be
informed about his/her rights under the law.
MEASURES NECESSARY TO IMPORVE COURTS ROLE IN PROVIDING
SPEEDY JUSTICE TO WOMEN AND CHILDREN: A REMINDER
 Prioritizing the cases where women and children are involved.
 Ensure the cases of rape, molestation, kidnapping, eve-teasing, murder for dowry,
cruelty by husband or relatives, trafficking of girls are referred to fast track courts set
up for the purpose.
 Legal aid and advice should be available 24/7.
 District legal aid committees should also take the lead to protect women and children.
 Setting up all women courts and child friendly courts is a great development.
 Organization of Lok Adalat to encourage settlement in matrimonial dispute should be
adhered.
MY VIEW ON THIS ARTICLE
It is important for the court to treat women and children more carefully as they are more
vulnerable.it is important for the court to create an enabling environment for the children to
open up. Along with all the rules and procedures it is the duty of the court to make sure the
human rights of children and women is not violated. Equal treatment of men, women and
children cannot be brought into full existence just by courts it also requires efforts by the
people.
CONCLUSION
Situation of women and children in India can be changed in a faster pace when the change
comes from the spirit of people. Until then it is important for the courts to take care and
safeguard the rights of women and children. Courts play a very important role in protecting
and safeguarding the rights and any violation of these rights is unbearable and he/she is
severely punished.