Gender Justice and Feminist Jurisprudence : Previous Year Questions (2024)

PART – A

Q1. What is Patriarchy?

Ans. Patriarchy refers to the overarching social system of masculine domination and female subordination. Derived from the Greek word patriarkhes, it translates to the "rule of the father" or the "patriarch." It is an ideology asserting that men are inherently superior and that women should be controlled, historically treating them as a form of "property."

Q2. Differentiate Sex and Gender.

Ans. Sex is a biological concept, inherited at birth through genetics. Whereas, gender is a sociological concept, acquired through social conditioning and external influences.  

Sex is driven by reproductive biology and nature. Whereas, gender is driven by social norms, behaviour, and power structures.

Q3. What do you mean by liberal feminism?

Ans. Liberal feminism is a mainstream branch of feminism focused on achieving gender equality through political and legal reform within existing democratic structures. It emphasizes individual rights, autonomy, and freedom, aiming to dismantle legal, social, and institutional barriers that prevent women from having the same opportunities as men in education, work, and public life. 

Q4. What do you understand by Homosexuality?

Ans. Homosexuality is a sexual orientation characterized by enduring emotional, romantic, and/or sexual attraction to members of the same sex or gender. It is a natural variation of human sexuality, not a choice or mental illness, and includes identities such as lesbian (women) and gay (men).

Q5. What is morality in law?

Ans. Morality in law refers to the incorporation of ethical principles—such as justice, fairness, and rights—into legal systems, acting as a foundation for, or limitation on, enacted rules. While law regulates external conduct and is enforced by the state, morality governs internal conscience and societal standards. 

Q6. Role of Human Right Law in gender identity?

Ans. Human rights law serves as a universal legal framework that prioritizes equality and individual dignity over traditional or discriminatory social norms, ensuring that justice and non-discrimination supersede restrictive gender-based moral codes.

For Example:

• CEDAW (1979): Often called the international bill of rights for women.
• The Yogyakarta Principles: A set of principles on the application of international human rights law in relation to sexual orientation and gender identity.

Q7. Navtej Singh Johar Case is famous for what?

Ans. Navtej Singh Johar Case is primarily known for decriminalizing homosexuality (striking down Section 377 IPC). The judgment in Navtej Singh Johar v. Union of India (2018) stands as a transformative moment in Indian constitutional history. It didn't just strike down a law; it fundamentally redefined the relationship between the individual, their identity, and the State. It established that sexual orientation is an intrinsic part of human dignity and privacy.

Q8. What is Marxist Approach on Feminism?

Ans. Marxist Feminism identifies capitalism and private property as the fundamental roots of women’s oppression. It argues that gender inequality is not an isolated social issue but a structural by-product of an economic system that relies on women’s unpaid domestic labour to maintain and reproduce the workforce at no cost to the state or employers.

Q9. What is female foeticide?

Ans. Female foeticide is the illegal practice of aborting a female foetus after its sex has been determined through prenatal diagnostic tests. It is a gender-selective abortion driven by deep-rooted patriarchal norms and a socio-cultural preference for male children.

Q10. Name three acts which provide reproductive rights to women.

Ans. Three acts which provide reproductive rights to women are as follows:

1. Medical Termination of Pregnancy Act, 1971
2. Maternity Benefits Act, 1964
3. PC & PNDT Act, 1994

PART – B

Q11. What are the objectives of Transgender Person (Protection of Rights) Act 2019?

Ans. The Transgender Persons (Protection of Rights) Act, 2019 was enacted to provide a robust legal framework for the protection of the rights of transgender persons in India. Its primary goal is to shift the legal perception of transgender individuals from "criminalized or marginalized" to "right-holding citizens."

The four primary objectives of the Act are:

1. Recognition of Gender Identity - The Act establishes a legal mechanism for transgender persons to obtain a Certificate of Identity. It grants the right to be recognized as "transgender." It provides the right to a "self-perceived" gender identity, though a revised certificate (as Male or Female) requires proof of gender-affirming surgery.
2. Prohibition of Discrimination - A central objective is to eliminate stigma and exclusion across various sectors. The Act prohibits discrimination against transgender persons in:
   1. Education and Employment: Including recruitment, promotion, and termination.
   2. Healthcare Services: Ensuring access to medical facilities without bias.
   3. Public Access: The right to use public transport, access shops, and utilize recreational facilities.
3. Welfare and Inclusive Healthcare - The Act mandates that the government provide specific welfare measures to improve the quality of life for the community. This includes the provision of "composite healthcare" centres, HIV surveillance, and insurance schemes. It directs the government to facilitate sex reassignment surgery (SRS) and hormonal therapy.
4. Protection from Abuse and Exploitation - The Act criminalizes specific acts of violence and exploitation against transgender persons. It defines "offences and penalties" for acts such as forced labour (excluding compulsory government service), physical or sexual abuse, and verbal or emotional harassment. It also upholds the right of a transgender person to reside in the household with their birth family, preventing arbitrary eviction.

The National Council for Transgender Persons (NCTP): As an institutional objective, the Act established the NCTP to advise the government on policy formulation, monitor the impact of legislation, and redress the grievances of the community.

Q12. Write in brief about two offences against women in Bhartiya Nyaya Sanhita.

Ans. The BNS has reorganized the structure of criminal law by moving "Offences against Women and Children" to Chapter V (Sections 63-92), giving them precedence over traditional offences like murder or theft. This shift is symbolic, signalling that the safety and dignity of women are foundational to the state's moral and legal fabric.

The Rape Framework (Sections 63–71)

The BNS maintains a gender-specific definition of rape (perpetrator as a man) while providing a highly stratified punishment regime based on age and circumstances.

1. Definition and General Punishment

Section 63 (Definition): Defines rape through four types of acts (penetration of vagina, mouth, urethra, or anus by penis or any object/body part) without the woman’s consent or under specific vitiating circumstances (fear, intoxication, etc.).

• Exception 1: A medical procedure or intervention shall not constitute rape.
• Exception 2: retains the immunity for Marital Rape, stating sexual intercourse by a man with his own wife (not being under 18 years of age) is not rape.

Section 64 (Punishment): Standard punishment for rape is rigorous imprisonment for not less than 10 years, which may extend to life, and a fine.

2. Special Provisions for Minors (Section 65)

The Act creates strict demarcations for victims under specific ages:

Section 65(1): Rape of a girl under 16 years of age.

• Punishment: Rigorous imprisonment for not less than 20 years, which may extend to imprisonment for life (remainder of natural life), and a fine.

Section 65(2): Rape of a girl under 12 years of age.

• Punishment: Rigorous imprisonment for not less than 20 years, which may extend to imprisonment for life (remainder of natural life), or death, and a fine.

3. Aggravated Situations (Sections 66–68)

Section 66: Punishment for rape causing death or persistent vegetative state.

• Punishment: Rigorous imprisonment for not less than 20 years, extending to life (natural life) or death.

Section 67: This section addresses the "limited" recognition of sexual autonomy within marriage. It applies when a man has sexual intercourse with his wife without her consent while they are living separately under a decree of separation or otherwise.

• Punishment: Imprisonment of either description for a term which shall not be less than two years, but which may extend to seven years, and a fine.

Section 68: Sexual intercourse by a person in authority. This applies to public servants, management/staff of jails, remand homes, or hospitals who abuse their position to induce or seduce a woman in their custody to have sexual intercourse (not amounting to the offence of rape).

• Punishment: Rigorous imprisonment for not less than 5 years, extending to 10 years, and a fine.

Deceitful Means and Gang Rape

1. Section 69: Sexual Intercourse by Deceitful Means

This is a pivotal addition to "Sexuality and Morality in Law." It targets sexual intercourse obtained by:

1. Deceitful means (including false promise of employment or promotion, or concealing identity).
2. A promise to marry without any intention of fulfilling it.
3. Punishment: Imprisonment of either description for a term which may extend to 10 years and a fine.

2. Section 70: Gang Rape

Section 70(1) (General): Where a woman is raped by one or more persons constituting a group.

• Punishment: Rigorous imprisonment for not less than 20 years, extending to life (natural life), and a fine.

Section 70(2) (Minor): Gang rape of a woman under 18 years of age.

• Punishment: Imprisonment for life (remainder of natural life) or death, and a fine.

Q13. Historical background of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Ans. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act) represents a landmark shift from judicial guidelines to a comprehensive statutory framework.

1. The Pre-1997 Legislative Vacuum

Before 1997, India had no specific legislation addressing sexual harassment in the professional sphere. Victims had to rely on the Indian Penal Code (IPC), 1860, specifically Section 354 (outraging the modesty of a woman) and Section 509 (word, gesture, or act intended to insult the modesty of a woman). These criminal provisions were often inadequate for addressing the nuanced power dynamics of a workplace or providing civil remedies.

2. The Bhanwari Devi Case (1992)

The catalyst for change was the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, who was attacked in retaliation for her efforts to prevent child marriage as part of her government duties. The failure of the criminal justice system to provide her with adequate protection or redress led a collective of NGOs (under the name "Vishaka") to file a Public Interest Litigation (PIL) in the Supreme Court.

3. The Vishaka Guidelines (1997)

In the absence of enacted law, the Supreme Court, in Vishaka v. State of Rajasthan (1997), exercised its power under Article 141 to lay down the Vishaka Guidelines. The Court held that sexual harassment was a violation of fundamental rights under Articles 14, 15, and 21 (Right to Equality and Life with Dignity).

For the first time, it became mandatory for employers to establish an Internal Complaints Committee (ICC) to redress grievances.

4. Transition to the 2013 Act

While the Vishaka Guidelines had the force of law, their implementation across the private and unorganized sectors remained inconsistent for over 15 years. Following global pressure, recommendations from the Justice Verma Committee (2012), and the need to broaden the scope of protection (including domestic workers and the unorganized sector), the Parliament finally enacted the POSH Act in April 2013, effectively codifying and expanding the original guidelines.

Comparison: Vishaka Guidelines (1997) vs. POSH Act (2013)

Q14. Write a brief note on Indecent Representation of Women (Prohibition) Act, 1986.

Ans. The Act was enacted on December 23, 1986, with the primary objective of prohibiting the "indecent representation of women" across various media platforms. It addresses the legal intersection of sexuality, morality, and the dignity of women by regulating how the female form is depicted in the public sphere.

Enforcement Date: October 2, 1987.

Scope: Extends to the whole of India.

Section 3: Prohibition of Advertisements

This section creates a strict liability for marketing. It states that no person shall:

1. Publish or cause to be published any advertisement.
2. Arrange or take part in the exhibition of any advertisement.

If that advertisement contains an "indecent representation of women" in any form.

Section 4: Prohibition of Publication or Sending by Post

While Section 3 targets ads, Section 4 targets the content itself (books, films, paintings, etc.). It prohibits:

1. Producing, selling, letting to hire, distributing, or circulating.
2. Sending by post.

The Exceptions (The Proviso):

1. Materials for public good (science, literature, art, learning).
2. Materials used for bona fide religious purposes.
3. Ancient monuments and archaeological sites within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (24 of 1958)
4. Temples or idols (religious chariots).
5. Films regulated by the Cinematograph Act, 1952.

Section 5: Powers to Enter and Search

This section empowers any Gazetted Officer authorized by the State Government to:

1. Enter and Search: At all reasonable times, any place where they believe an offence is being committed.
2. Seize: Any advertisement or publication that contravenes the Act.
3. Examine Records: Inspect and seize registers or documents related to the business.

Note: If the officer seizes anything, they must inform the nearest Magistrate and follow the Code of Criminal Procedure (CrPC) for the search and seizure.

Penalties for Specific Contraventions (Section 6)

Section 6 is the "punishment clause" for the two main prohibitions in the Act: Section 3 (Advertisements) and Section 4 (Publications/Books/Films).

The law treats a violation of Section 3 (commercial advertising) and Section 4 (content production/distribution) with equal severity.

Offences by Companies (Section 7)

Since most indecent representations occur in commercial media, Section 7 establishes Vicarious Liability. This means the law looks past the "corporate veil" to punish the humans behind the decision.

When a company commits an offence, the company itself (as a legal entity) and every person in charge of the business at the time of the offence are deemed guilty. If it is proven that the offence was committed with the consent, connivance, or neglect of any Director, Manager, Secretary, or other officer, that specific individual will also be held liable and punished.

A person can escape liability only if they prove:

1. The offence was committed without their knowledge; or
2. They exercised all due diligence to prevent the commission of such an offence.

Procedural Nature of Offences (Section 8)

How the law handles the arrest and trial process is just as important as the fine:

• Cognizable Offence: The police have the authority to arrest an accused person without a warrant and start an investigation without the immediate order of a Magistrate.
• Bailable Offence: Despite the gravity, the accused has a right to be released on bail.

Section 9: Protection of Action Taken in Good Faith

No legal proceeding or prosecution can be initiated against the Central/State Government or any authorized officer for anything done (or intended to be done) in good faith under this Act.

Section 10: Power to Make Rules

The Central Government is empowered to make rules to carry out the provisions of the Act, which must be laid before each House of Parliament for a total of 30 days.

PART – C

Q15. Write the impact of Human Rights Council Resolution on Sexual Orientation and Gender Identity, 2014, on society.

Ans. The Human Rights Council (HRC) Resolution 27/32, adopted in September 2014, was a watershed moment in international law. While the UN is often criticized for moving at the speed of a glacier, this resolution formally titled "Human rights, sexual orientation and gender identity", provided the necessary friction to turn a "taboo" topic into a permanent fixture of the global human rights agenda.

Institutionalization of SOGI Rights

Prior to 2014, LGBTQ+ issues were often treated as "peripheral" or culturally sensitive outliers. Resolution 27/32 changed the game by:

1. Mandating regular reporting: It required the High Commissioner for Human Rights to update the 2011 study on violence and discrimination. This ensured that SOGI (Sexual Orientation and Gender Identity) issues weren't just a one-off discussion but a recurring obligation for member states.
2. Pathing the way for the Independent Expert: The momentum from this resolution directly led to the 2016 creation of the Independent Expert on SOGI, a role that monitors and reports on violations globally.

Global Norm-Setting and De-stigmatization

The resolution acted as a "moral compass" for the international community. By passing with a majority vote (25 in favour, 14 against, and 7 abstentions), it sent a clear message: violence and discrimination are never justifiable, regardless of culture or tradition.

It shifted the conversation from "special rights" to "universal rights." It reinforced the idea that protecting LGBTQ+ individuals isn't about creating new laws, but about applying existing human rights, like the right to life and liberty, to everyone.

Catalyst for National Legal Reforms

While UN resolutions are not "hard law" (legally binding), they provide a powerful "naming and shaming" mechanism and a blueprint for domestic change. In the years following 2014, many nations, particularly in Latin America and parts of Asia, used UN standards to justify decriminalizing same-sex relations or passing anti-discrimination laws. National courts (such as in India or Belize) have frequently cited UN resolutions and reports as persuasive evidence when striking down colonial-era sodomy laws.

Empowerment of Civil Society

For activists on the ground, Resolution 27/32 was a goldmine. Local organizations in hostile environments could point to the UN resolution to prove that their fight for equality was backed by the highest international authority. The resolution encouraged international donors to prioritize SOGI-related human rights projects, providing the financial "oxygen" needed for grassroots movements to survive.

Exposure of Global Divergence

Paradoxically, the resolution also had the impact of highlighting (and sometimes deepening) the global divide.

The 2014 vote saw significant opposition from several African and Middle Eastern states, who argued it infringed on "sovereign cultural values." This sparked a more organized conservative counter-movement in international forums, which continues to this day.

Conclusion

The 2014 Resolution was more than just a piece of paper; it was a declaration that biology and identity are not exemptions from human dignity. While it didn't end discrimination overnight, it stripped away the international "legal cover" for state-sponsored homophobia and transphobia, creating a world where equality is the benchmark, and discrimination is the violation.

Q16. Write case summary of National Legal Services Authority v. Union of India.

Ans. The judgment in National Legal Services Authority (NALSA) v. Union of India (2014) stands as a watershed moment in Indian jurisprudence. It didn’t just change a law; it shifted the legal paradigm from a binary understanding of gender to one rooted in self-determination and human dignity.

The Core Legal Shift: Gender Identity as a Right

Before 2014, the Indian legal system largely ignored the existence of transgender individuals, forcing them to identify as either "Male" or "Female" to access basic rights. The Supreme Court dismantled this by ruling that:

1. Self-Determination: Gender identity is integral to a person’s dignity. The court ruled that an individual has the right to choose their gender identity (Male, Female, or Third Gender) regardless of medical transition or surgery.
2. Constitutional Protection: The court linked gender identity to Article 21 (Right to Life and Liberty) and Article 19(1)(a) (Freedom of Expression), stating that how one dresses or carries oneself is a form of personal expression.
3. Non-Discrimination: It expanded the scope of Article 15 and 16 (prohibition of discrimination on grounds of "sex") to include "gender identity," noting that "sex" is not just biological but also psychological.

Key Directions to the Government

The Court issued several "Mandamus" (orders) to the Central and State governments:

1. Legal Recognition: Recognize the "Third Gender" in all documents.
2. Social Welfare: Treat transgender persons as "Socially and Educationally Backward Classes" (SEBC) for the purpose of quotas in educational institutions and public appointments.
3. Public Health: Provide separate public toilets and specialized medical departments for transgender health needs.
4. Awareness: Launch campaigns to reduce the social stigma surrounding the Hijra and transgender communities.

Critical Analysis: Strengths and Shortcomings

The Strengths

1. De-linking Biology from Identity: By removing the requirement for Sex Reassignment Surgery (SRS) to gain legal recognition, the Court protected the bodily integrity of those who cannot afford or do not want surgery.
2. Humanizing the "Invisible": The judgment extensively cited international law (The Yogyakarta Principles) and Indian history (the role of Hijras in ancient texts) to validate the community's existence.

The Shortcomings & Implementation Gaps

1. The "SEBC" Categorization: While intended to provide affirmative action, the directive to treat all transgender persons as "Backward Classes" faced pushback. Many felt this oversimplified the intersectionality of caste and gender, potentially pitting transgender individuals against existing Dalit or OBC communities.
2. Legislative Dilution: The subsequent Transgender Persons (Protection of Rights) Act, 2019, was widely criticized by activists for being more restrictive than the NALSA judgment, particularly regarding the process of obtaining a "Transgender Certificate" through a District Magistrate, which some feel contradicts the "self-determination" mandate.
3. Horizontal Reservations: Even a decade later, the implementation of horizontal reservations (quotas within categories) remains a subject of ongoing litigation in various High Courts.

Impact on Subsequent Rulings

NALSA was the "legal anchor" that allowed for future progressive rulings. Without the recognition of personhood in NALSA, the following might not have been possible:

• Justice K.S. Puttaswamy v. Union of India (2017): Established the Right to Privacy, further shielding intimate identity choices.
• Navtej Singh Johar v. Union of India (2018): Decriminalized consensual queer relationships (Section 377).

Q17. Explain the Right of Payment of maternity benefit as per Act of 1964.

Ans. The Maternity Benefit Act is a piece of social security legislation designed to protect the dignity of motherhood and the health of both the mother and the child.

It addresses the "Double Burden" by ensuring that a woman's reproductive role does not result in economic subjugation or job insecurity.

Scope and Applicability (Section 2)

The Act applies to every establishment being a factory, mine, or plantation, including those belonging to the Government. It applies to shops or establishments in which 10 or more persons are employed (or were employed on any day of the preceding twelve months).

It does not apply to employees covered under the Employees' State Insurance (ESI) Act, 1948, except in specific circumstances where the employee is not eligible under ESI.

Key Statutory Provisions

1. Eligibility Criteria (Section 5)

To qualify for maternity benefits, a woman must have actually worked in an establishment for a period of at least 80 days in the 12 months immediately preceding the date of her expected delivery.

2. Duration of Maternity Benefit [Section 5(3)]

Following the 2017 Amendment, the duration of paid maternity leave was significantly increased:

1. Standard Leave: Increased from 12 weeks to 26 weeks.
2. Pre-delivery/Post-delivery: Out of these 26 weeks, not more than 8 weeks shall precede the date of expected delivery.
3. Third Child Rule: For a woman who has two or more surviving children, the maternity benefit remains 12 weeks (6 weeks pre-delivery).
4. Adopting/Commissioning Mothers: A woman who legally adopts a child below the age of three months or a "commissioning mother" (in surrogacy) is entitled to 12 weeks of benefit.

3. Payment of Medical Bonus (Section 8)

Every woman entitled to maternity benefit is also entitled to receive a medical bonus from her employer if no pre-natal confinement and post-natal care is provided by the employer free of charge.

4. Leave for Other Reproductive Health Issues

The Act recognizes that reproductive rights extend beyond standard childbirth:

1. Miscarriage/Medical Termination of Pregnancy (Section 9): Entitled to 6 weeks of paid leave immediately following the day of miscarriage or MTP.
2. Tubectomy Operation (Section 9A): Entitled to 2 weeks of paid leave.
3. Illness arising out of pregnancy (Section 10): Entitled to an additional maximum period of 1 month of paid leave over and above the standard 26 weeks.

Post-Birth Provisions and Workplace Adaptations

1. Nursing Breaks (Section 11)

Every woman who returns to duty after delivery is entitled to two nursing breaks daily for nursing the child until the child attains the age of 15 months. These are in addition to the standard intervals for rest.

2. Creche Facility (Section 11A)

Introduced in 2017, this is a mandatory provision for establishments with 50 or more employees:

• The employer must provide a creche facility within a prescribed distance.
• The mother is allowed four visits a day to the creche, which include the nursing breaks.

3. "Work from Home" Provision

If the nature of work assigned to a woman is such that she may work from home, the employer may allow her to do so after the period of maternity benefit, on mutually agreed conditions.

Security of Employment (Section 12)

1. Protection Against Dismissal: Employers cannot fire or dismiss a woman during her pregnancy or while she is on legal maternity leave.
2. Retention of Benefits: If a woman is dismissed during her pregnancy, she does not lose her rights to maternity benefits or a medical bonus, provided she would have been entitled to them otherwise.
3. Exception for Misconduct: If the dismissal is due to "gross misconduct" (as defined by rules), the employer may, by written order, deprive her of the maternity benefit or bonus.
4. Right to Appeal: A woman deprived of benefits or dismissed unlawfully can appeal to the designated authority (e.g., Inspector of Factories/Plantations) within 60 days of the dismissal/deprivation order.
5. Final Decision: The decision of the authority on the appeal is final.

Some other relevant sections:

1. Notice of Claim for Maternity Benefit (Section 6)

This section outlines the procedure a woman must follow to invoke her rights:

1. A woman must give notice in writing to her employer (in a prescribed form) stating that her maternity benefit be paid to her or her nominee.
2. The notice can be given during pregnancy or as soon as possible after delivery.

Note: Failure to give notice does not automatically disentitle a woman to the benefits. The Inspector has the power to direct payment if the woman was otherwise entitled.

2. Payment of Maternity Benefit in Case of Death (Section 7)

If a woman dies during the period for which she is entitled to maternity benefit, the employer must pay the amount to the person nominated in the notice (under Section 6) or to her legal representative. This ensures the benefit serves as a form of social security for the family.

3. No Deduction from Wages (Section 13)

This is a vital economic safeguard. No deduction from the normal and usual daily wages of a woman entitled to maternity benefit can be made by reason only of:

1. The nature of work assigned to her (lighter duties).
2. Breaks allowed to her for nursing the child (Section 11).
3. Any other reason related to her pregnancy.

4. Forfeiture of Maternity Benefit (Section 18)

A woman may lose her claim to maternity benefit if she works in any other establishment during the period she has been permitted to be absent on leave under the Act. This reinforces the Act’s purpose as a period of rest and recovery, not a dual-income opportunity.

5. Penalties for Contravention (Section 21)

To ensure compliance, the Act imposes criminal liability:

If an employer fails to pay maternity benefit or discharges a woman in violation of the Act, they are punishable with imprisonment (not less than 3 months, extending to 1 year) and a fine (up to ₹5,000).

6. Overriding Effect of the Act (Section 27)

The provisions of this Act have effect notwithstanding anything inconsistent contained in any other law or contract of service. However, if a woman is entitled to more favourable benefits under another law or agreement, she may opt for those instead.

Landmark Judicial Analysis: Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000)

This case is the cornerstone of maternity rights in India, particularly for those in precarious employment.

The Delhi Municipal Corporation argued that its "muster roll" (daily wage) female workers were not entitled to maternity benefits because they were temporary employees and not "regularized" staff.

The Court invoked Article 42 of the Constitution (Directive Principles of State Policy), which mandates that the State make provisions for securing just and humane conditions of work and for maternity relief. It ruled that denying maternity benefits to temporary workers while providing them to regular workers is a violation of the right to equality.

The Court cited the Universal Declaration of Human Rights (1948) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), stating that "Social Justice" requires that even daily-wage workers be treated with the same dignity as permanent employees regarding the biological requirements of motherhood.

This judgment shifted the understanding of maternity benefits from a "contractual perk" for the elite workforce to a fundamental human right for all women, regardless of their employment status.