Haryana And Punjab Court Upholds Women's Right to Autonomy and Equality

Haryana And Punjab Court Upholds Women's Right to Autonomy and Equality

Punjab & Haryana High Court has upheld the constitutional right of females to live freely and make choices free from pressure of family or society. The judgment has underlined the basic feature of equality and personal liberty provided to every citizen under the Constitution of India and importantly asserted that decisions regarding a woman cannot be dictated by her perceived obligations to the family or society.The case was based on a dispute in which the woman's right to choice in her life was endangered from her family, in particular by her father, who wanted to impose his will upon her through traditional social roles. The father argued that a man being the head of the family had authority to make decisions concerning her and, in particular, about her marriage and the way she was to live. The woman moved the court to exercise her right to live her life as per her own decisions without any interference from her family. The present petition fell squarely within her fundamental rights under Article 14 and Article 21 of the Constitution of India which protects the right to equality and personal liberty respectively. The Punjab & Haryana High Court, while delivering its judgment, made some sharp observations about women's autonomy. The court explained that the notion a woman was subservient to the father or another member of the family was a retrogressive and unconstitutional view to harbor. Such pressures is said to be amount to direct violations of the equality clause protected under Article 14 of the Constitution of the nation. This judgment categorically held that a woman's autonomy is not identified with her position in the family, but with her standing as an equal citizen with all statutory rights. The judgment was a progressive leap in the millennial fight for gender equality in India. It upholds the view that women are not confined to traditional familial roles or stereotypical roles expected of them by society, and their choices as to personal lives are to be left to the discretion of law.

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