Gender Justice and Feminist Jurisprudence : Previous Year Questions (2025)

PART – A

Q1. What is 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. 

Q2. What is homo sexuality?

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).

Q3. 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.”

Q4. What are the objectives of Transgender person Protect of Rights Act, 2019?

Ans. The Transgender Persons (Protection of Rights) Act, 2019 aims to provide a robust legal framework to protect the rights and welfare of transgender individuals in India. Its four core objectives are:

1. Legal Recognition: Establishing a mechanism for issuing official Certificates of Identity based on a person’s self-perceived gender identity.
2. Anti-Discrimination: Prohibiting unfair treatment and exclusion in education, employment, healthcare, and access to public services.
3. Welfare and Healthcare: Mandating state-sponsored welfare schemes, inclusive insurance, and access to gender-affirming care (like SRS).
4. Protection from Exploitation: Criminalizing offenses such as forced labour, physical or emotional abuse, and arbitrary eviction from parental homes.

Q5. What is socialist approach to feminism?

Ans. Socialist feminism combines Marxist theory and feminist thought, influenced by Friedrich Engels’ work The Origin of the Family, Private Property and the State. It operates on the “Dual-Systems Theory”, arguing that women's oppression is rooted in the intersection of two structures:

1. Capitalism: Which exploits women through unpaid domestic labour (social reproduction) that sustains the economy.
2. Patriarchy: Which enforces women's economic dependency and male dominance.

Therefore, true liberation requires dismantling both capitalism and patriarchy simultaneously.

Q6. What do you understand by 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. 

Q7. What is Marxist Approach to 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.

Q8. Who is a transgender?

Ans. Section 2(k) of the Transgender Persons (Protection of Rights) Act, 2019, defines a “transgender person” as one whose gender does not match the gender assigned at birth. The Act explicitly states that this applies whether or not the person has undergone Sex Reassignment Surgery (SRS) or hormone therapy. The definition includes:

• Trans-men and Trans-women.
• Persons with intersex variations.
• Gender-queers.
• Socio-cultural identities such as Kinnar, Hijra, Aravani, and Jogta.

Q9. How Gender identity and sexual orientation can be understood.

Ans. Gender identity and sexual orientation are distinct components of human identity, which can be understood as follows:

1. Gender Identity (Who you are): Refers to a person's deeply felt, internal, and individual sense of gender, which may or may not correspond to the sex assigned to them at birth (e.g., cisgender, transgender, gender-queer).
2. Sexual Orientation (Who you love): Refers to a person's enduring physical, romantic, and emotional attraction to other individuals based on their gender (e.g., heterosexual, homosexual, bisexual, asexual).

In short, Gender identity is about an individual’s internal self-perception, while sexual orientation is about their interpersonal attraction.

Q10. What is foetus as per PC + PNDT Act, 1994?

Ans. Under Section 2(bc) of the Pre-Conception and Pre-Natal Diagnostic Techniques (PC+PNDT) Act, 1994, a “foetus” is defined as:

“a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its development has been suspended) and ending at the birth.”

PART – B

Q11. Write down objective of Indecent representation of Women (Prohibition)Act 1986.

Ans. The primary objective of the Indecent Representation of Women (Prohibition) Act 1986 is to prohibit the derogatory, demeaning, and sexual objectification of women in media and public spaces. It specifically aims to safeguard the dignity of women by restricting obscene and offensive depictions in advertisements, publications, writings, and paintings.

Under Section 2(c), indecent representation of women is defined as:

“indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals.

The objectives of the Indecent Representation of Women (Prohibition) Act, 1986 are structured around public morality, gender dignity, and strict regulation:

1. To Eradicate Gender Objectification: The core purpose is to ban any depiction of the female figure, including form, body parts, or posture, that is indecent, derogatory, or likely to deprave, corrupt, or injure public morality.
2. To Ban Exploitative Advertisements (Section 3): The Act strictly prohibits the publication, exhibition, or circulation of any advertisement that contains an indecent representation of women in any form.
3. To Restrict Indecent Publications (Section 4): It aims to prevent the production, sale, hire, distribution, or public exhibition of books, pamphlets, papers, slides, films, or paintings that contain derogatory depictions of women.
4. To Regulate Postal Transit: A key objective is to stop the misuse of postal services for transmitting or mailing any obscene or indecent material featuring women.
5. To Enforce Accountability via Penalties: It establishes a strict penal framework to deter individuals, publishers, and corporate bodies from commercially exploiting the dignity of women.
6. To Balance Regulation with Legitimate Art: The Act aims to protect genuine artistic, scientific, literary, and religious expressions by creating specific exemptions for ancient monuments, temple sculptures, and bona fide scholarly works.

To support these objectives, the Act incorporates robust enforcement mechanisms:

1. Expansive Definition: “Indecent representation” covers any visual or written medium that denigrates a woman's dignity.
2. Power of Search and Seizure: Gazetted officers have the legal authority to enter, search, and seize materials from any premises suspected of violating the Act.
3. Corporate Liability: If an offence is committed by a company, the individuals in charge are held personally liable.

Conclusion

The Indecent Representation of Women (Prohibition) Act, 1986, serves as a vital legislative shield designed to uphold gender dignity and curb commercial exploitation. While it successfully establishes strict legal boundaries against derogatory depictions in traditional media, its ultimate effectiveness relies on robust enforcement and adaptation to the evolving digital landscape to truly foster a respectful society.

Q12. Define Sexual Harassment as per Sexual Harassment of woman at Workplace (Prevention and Redressal) Act, 2013.

Ans. The primary objective of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act) is to ensure a safe, secure, and hostile-free working environment for women.

Under Section 2(n) of the Act, “sexual harassment” is comprehensively defined as any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

1. Physical contact and advances; or
2. A demand or request for sexual favours; or
3. Making sexually coloured remarks; or
4. Showing pornography; or
5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

Furthermore, Section 3(2) states that any of the following circumstances, if connected with any act of sexual harassment, can also amount to sexual harassment:

1. Implied or explicit promise of preferential treatment in employment.
2. Implied or explicit threat of detrimental treatment in employment.
3. Implied or explicit threat about present or future employment status.
4. Interference with work or creating an intimidating, offensive, or hostile work environment.
5. Humiliating treatment likely to affect the woman's health or safety.

Core Objectives

The objectives of the POSH Act, 2013, are structured around prevention, institutional accountability, and structured redressal:

1. To Guarantee Safe Working Environments: The core purpose is to protect a woman's fundamental right to equality, life, and liberty by eliminating gender-based discrimination and ensuring safe working spaces.
2. To Mandate Institutional Redressal (Section 4): The Act objects to creating internal accountability by making it legally mandatory for workplaces with 10 or more employees to set up an Internal Committee (IC).
3. To Fill Administrative Gaps (Section 6): For unorganised sectors or small establishments, it establishes a Local Committee (LC) at the district level to ensure no woman is left without access to justice.
4. To Enforce Employer Liability: It aims to hold employers strictly accountable for failing to prevent harassment, failing to handle complaints timely, or failing to spread workplace awareness.
5. To Provide a Multi-Tiered Remedy System: The Act aims to offer flexible resolution paths, giving the aggrieved woman the option to choose between informal conciliation or a formal inquiry.
6. To Ensure Absolute Confidentiality (Section 16): A key objective is to protect the privacy of the victim and witnesses by strictly prohibiting the publication or leaking of inquiry proceedings to the public or media.

Key Legislative Features

To support these objectives, the Act incorporates robust enforcement mechanisms:

1. Expansive Definitions: The term “aggrieved woman” covers all women, whether employed regularly, temporarily, as interns, domestic workers, or even visiting a workplace.
2. Time-Bound Process: Complaints must be filed within 3 months of the incident, and the IC must complete its inquiry within a strict window of 90 days.
3. Strict Penal Framework: Employers who fail to comply with the Act face heavy financial fines, and repeat offences can result in the cancellation of their business license.

Conclusion

The POSH Act, 2013, serves as a vital legislative shield designed to uphold gender equality and curb professional exploitation. While it successfully establishes strict legal boundaries against workplace harassment in physical offices, its ultimate effectiveness relies on robust compliance, breaking societal stigma, and adapting to virtual work environments to truly foster a respectful corporate culture.

Q13. Write in brief Yogyakarta Principles 2007.

Ans. The Yogyakarta Principles are built on a legal doctrine called “Integrationism.” They do not argue that LGBTQ+ people need special rights; they argue that human rights are indivisible. If a State guarantees the “Right to Privacy,” it is logically inconsistent to allow the State to peek into a bedroom to check the gender of a partner.

The Principles were drafted because, in 2006, UN treaties were being interpreted in a “heteronormative” way. The experts (judges, academics, and former UN High Commissioners) used the Vienna Convention on the Law of Treaties to show that “sex” in the ICCPR/ICESCR must be interpreted to include sexual orientation and gender identity.

Key Principles

The 29 Principles are grouped into sections:

A. Rights to Personal Security (Principles 4–11)

1. Principle 5 (The Right to Security of the Person): This is the foundation for fighting “hate crimes.” It argues that a State’s failure to investigate violence against a trans person is a direct violation of their right to life.
2. Principle 9 (Right to Treatment with Humanity while in Detention): This addresses the “Gendered Carceral Problem.” It demands that trans individuals not be placed in facilities that expose them to “foreseeable threats of violence.”

B. Rights to Economic, Social, and Cultural Rights (Principles 12–18)

1. Principle 13 (The Right to Social Security): This is vital for Economic Gender Justice. It challenges laws that deny survivor benefits or pensions to same-sex partners.
2. Principle 16 (The Right to Education): This goes beyond “access.” It mandates that schools eliminate Gender Stereotyping and protect students from bullying based on their perceived gender or orientation.

C. The “Self-Determination” Pillar (Principle 3)

1. The Depth: Principle 3 is the most cited in courtrooms. It asserts that “each person's self-defined sexual orientation and gender identity is integral to their personality.”
2. The Legal Shift: It demands that States provide legal recognition without requiring “Medical Pathologization.”
   • Old View: You are trans if a doctor says you have a “disorder” and you have surgery.
   • Yogyakarta View: You are who you say you are because of Inherent Dignity.

Legal Nature & Judicial Impact

• Soft Law Status: The Yogyakarta Principles are not a legally binding international treaty signed by states. Instead, they function as an authoritative global guide ("Soft Law") to help courts interpret existing human rights obligations.
• Indian Judicial Endorsement: The principles hold profound historical value in Indian jurisprudence. The Supreme Court of India officially recognized and gave effect to the Yogyakarta Principles in landmark judgments, notably NALSA vs. Union of India (2014) (granting third-gender status) and Navtej Singh Johar vs. Union of India (2018) (decriminalizing homosexuality).

The Yogyakarta Principles plus 10 (YP+10) – The 2017 Evolution

In 2017, the principles were expanded to address gaps discovered over a decade of activism. These “New Principles” (30–38) are even more radical:

1. Principle 31 (Right to Legal Recognition): This takes Principle 3 further, urging States to end the practice of recording sex/gender on birth certificates or ID cards altogether, as it often leads to discrimination.
2. Principle 32 (Right to Bodily and Mental Integrity): This is the “Intersex Principle.” It explicitly bans invasive and irreversible medical procedures on children to “fix” their sex characteristics without their informed consent.
3. Principle 36 (Right to the Enjoyment of the Highest Attainable Standard of Information): This targets “censorship” (e.g., laws that ban “LGBTQ+ propaganda”), asserting that everyone has a right to accurate information about gender and sexuality.

Q14. Write case summary of Navtej Singh Johar vs Union of India 2018 case.

Ans. 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.

Case Overview

The petitioners, including dancer Navtej Singh Johar, chef Ritu Dalmia, and others, challenged the constitutionality of Section 377 of the Indian Penal Code (1860). This colonial-era law criminalized “carnal intercourse against the order of nature,” which was used for over a century to persecute the LGBTQ+ community.

The Legal Journey

• Naz Foundation (2009): The Delhi High Court decriminalizes consensual same-sex acts.
• Suresh Kumar Koushal (2013): The Supreme Court overturns Naz, reinstated Section 377, calling the LGBTQ+ community a “minuscule minority.”
• Navtej Singh Johar (2018): A five-judge bench unanimously overrules Koushal, declaring Section 377 unconstitutional insofar as it criminalizes consensual sexual acts between adults.

The Core Legal Reasoning

The Court’s analysis relied on a “cluster of rights” rather than a single provision.

1. Article 14 (Equality): The Court ruled that Section 377 was “manifestly arbitrary.” It created an unreasonable classification by targeting a person’s natural orientation.
2. Article 15 (Non-discrimination): The Court expanded the definition of “sex” to include sexual orientation, meaning the State cannot discriminate against someone based on whom they love.
3. Article 19 (Freedom of Expression): Sexual orientation was recognized as a core component of self-expression.
4. Article 21 (Right to Dignity and Privacy): Building on the Puttaswamy (Privacy) judgment, the Court held that intimacy is a core part of the right to life.

Critical Themes & Philosophical Shifts

A. Constitutional Morality vs. Social Morality

Perhaps the most significant aspect of the judgment was the Court’s rejection of “social morality.” The judges argued that the law should not be governed by what the majority finds "distasteful" or "immoral." Instead, it must be guided by Constitutional Morality, the values of liberty and equality enshrined in the Constitution.

B. The “Minuscule Minority” Fallacy

The Court corrected its 2013 error in Koushal, stating that the size of a population does not determine its right to fundamental protections. Even if only one person's rights are violated, the Court is duty-bound to intervene.

C. Transformative Constitutionalism

The Bench emphasized that the Constitution is a “living document” intended to evolve. Its purpose is to transform society from a state of subjugation to one of freedom, correcting historical wrongs.

Limitations

While the judgment was a massive victory, a critical analysis reveals what it didn't do:

1. Civil Rights Gap: Decriminalization removed the threat of jail, but it did not automatically grant civil rights like marriage, adoption, surrogacy, or inheritance. (This was later addressed, and largely denied, in the Supriyo v. Union of India marriage equality case).
2. Societal Stigma: The law changed, but the Court acknowledged that “social mindset” changes much slower.
3. Horizontal Rights: The judgment primarily protects individuals from State interference. Protection against discrimination by private entities (landlords, private employers) remains a complex legal grey area.

Conclusion

Navtej Singh Johar was not just a win for the LGBTQ+ community; it was a win for individualism. By apologizing for the “delay in providing redress,” the Supreme Court repositioned itself as the “sentinel on the qui vive” (the watchful guardian) of rights.

PART – C

Q15. Write in detail about composition and Procedure of working of ICC (Internal Complaint Committee) as per POSH Act 2013.

Ans. The POSH Act codified the Vishaka Guidelines (1997) issued by the Supreme Court, shifting the focus from "morality" to "equality" and the "right to a safe working environment."

• Enactment Date: December 9, 2013.
• Objective: To provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints.
• Constitutional Basis: The Act draws power from Article 14 (Equality), Article 15 (Prohibition of discrimination), and Article 21 (Right to life and dignity). It also fulfills India’s obligations under the CEDAW (Convention on the Elimination of all Forms of Discrimination against Women).

Key Legal Definitions (Section 2)

The POSH Act is noted for its wide-ranging definitions to ensure no woman is left without a remedy.

1. Aggrieved Woman [Section 2(a)]: A woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. This includes domestic workers.
2. Employee [Section 2(f)]: A very broad definition covering regular, temporary, ad hoc, daily wage, trainee, or apprentice workers, whether for remuneration or not (volunteers).
3. Workplace [Section 2(o)]: Includes government offices, private sector organizations, hospitals, sports institutes, and even any place visited by the employee arising out of or during the course of employment (including transportation provided by the employer).
4. Sexual Harassment [Section 2(n)]: Includes any one or more of the following unwelcome acts (directly or by implication):
   1. Physical contact and advances;
   2. A demand or request for sexual favours;
   3. Making sexually coloured remarks;
   4. Showing pornography;
   5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

Prohibition of Sexual Harassment (Section 3)

Section 3(2) identifies specific circumstances that constitute sexual harassment when linked to the acts above:

1. Quid Pro Quo: Implicit or explicit promise of preferential treatment or threat of detrimental treatment in employment.
2. Hostile Work Environment: Creating an intimidating or offensive work environment.
3. Humiliating Treatment: Likely to affect the woman's health or safety.

Redressal Mechanism: The Two Committees

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the redressal mechanism is decentralized into two distinct types of committees, viz, Internal Committee (Section 4) and Local Committee (Section 6&7). Their existence ensures that every woman, whether in a large corporation or a small shop, has access to justice.

Composition of the Internal Committee (Section 4)

The Act mandates that every employer of a workplace employing 10 or more workers must constitute the Internal Committee (IC) via a written order. The IC must consist of a minimum of four members, nominated as follows:

1. Presiding Officer (1 Member): Must be a woman employed at a senior level at the workplace from among the employees.
2. Employee Members (Minimum 2 Members): Nominated from amongst employees, preferably those committed to the cause of women or who have experience in social work or have legal knowledge.
3. External Member (1 Member): Nominated from amongst non-governmental organizations (NGOs) or associations committed to the cause of women, or a person familiar with issues relating to sexual harassment.
4. Gender Balance Mandate: The Act strictly requires that at least one-half (50%) of the total members nominated to the IC must be women.
5. Tenure: The Presiding Officer and every member of the IC hold office for a period not exceeding three years from the date of their nomination.

Procedure of the Working of IC

The working mechanism of the IC follows a strict, statutory timeline and adheres to the Principles of Natural Justice:

Step 1: Filing of the Complaint (Section 9)

The aggrieved woman must submit six copies of the written complaint along with supporting documents and names/addresses of witnesses within 3 months from the date of the incident (extensible by another 3 months if exceptional circumstances prevented filing). If the woman cannot write due to physical or mental incapacity, the IC must provide all reasonable assistance to her to file the complaint. Legal heirs/designated representatives can also file on her behalf.

Step 2: Option for Conciliation (Section 10)

Before initiating a formal inquiry, the IC may, only at the written request of the aggrieved woman, take steps to settle the matter through conciliation. The Act strictly prohibits any monetary settlement from being the basis of conciliation. If a settlement is reached, the IC records it and forwards it to the employer for action, closing the case without a formal inquiry.

Step 3: Formal Inquiry Procedure (Section 11)

If conciliation fails or is not requested, the IC serves a copy of the complaint to the respondent within 7 working days. The respondent must file a reply along with list of witnesses within 10 working days. For conducting the inquiry, the IC is granted the legal powers of a Civil Court under the Code of Civil Procedure, 1908, enabling it to summon individuals, enforce attendance, and demand the discovery and production of documents.

Both parties must be given a fair opportunity to present their case, cross-examine witnesses, and submit evidence. Neither party is allowed to bring a legal practitioner (lawyer) to represent them before the IC. A minimum of three members, including the Presiding Officer and the External Member, must be present during the inquiry proceedings.

Step 4: Interim Reliefs During Inquiry (Section 12)

During the pendency of the inquiry, upon a written request from the aggrieved woman, the IC can recommend the employer to:

1. Transfer the aggrieved woman or the respondent to another workplace.
2. Grant leave to the aggrieved woman up to a period of three months (in addition to her regular leave entitlement).
3. Restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report.

Step 5: Submission of Inquiry Report & Action (Section 13)

The IC must complete its formal inquiry within a strict window of 90 days from its commencement. The IC must submit its final Inquiry Report containing its findings and recommendations to the employer within 10 days of completing the inquiry. Copies are provided to both parties. If allegations are proved, the IC recommends the employer to take action for sexual harassment as per the service rules (e.g., warning, withholding promotion, termination) and/or deduct a specified sum from the respondent's salary to pay compensation to the victim. The employer is legally bound to implement the IC's recommendations within 60 days of receiving the report.

Key Enforcement Safe-Guards

1. Action for Malicious Complaints (Section 14): If the IC concludes that the allegation was made with malicious intent or using forged documents, it can recommend action against the complainant. However, a mere inability to substantiate a complaint with enough proof does not equate to malice.
2. Absolute Confidentiality (Section 16): The contents of the complaint, identities of parties/witnesses, and inquiry proceedings are strictly exempt from the Right to Information (RTI) Act and cannot be published or leaked to the media. Breach of confidentiality attracts severe financial penalties for the handler.

Conclusion

The institutional setup of the Internal Committee (IC) represents the cornerstone of the POSH Act, 2013, translating abstract constitutional guarantees into real workplace safety. By operating as a quasi-judicial body governed by civil court powers and a strict statutory timeline, the IC successfully bridges the gap between organizational policy and formal legal redressal. Ultimately, its meticulous composition and time-bound procedures ensure that the eradication of workplace sexual harassment is treated not merely as a corporate HR mandate, but as a non-negotiable enforcement of fundamental human rights.

Q16. What is medical abortion? Write down procedure of it as per PC & PNDT Act of 1994.

Ans. A Medical Abortion refers to the non-surgical termination of a pregnancy by a Registered Medical Practitioner (RMP) through the administration of legally approved prescription medicines.

• The MTP Act, 1971 (Amended in 2021): This is the enabling, substantive law that legalizes and provides the actual clinical and procedural criteria for an abortion.
• The PC & PNDT Act, 1994: This is a prohibitory, criminal statute. It does not contain or provide the procedure for an abortion. Instead, it strictly governs the mandatory pre-abortion diagnostic phase (such as ultrasonography). Its objective is to prevent pre-abortion diagnostic tech from being subverted into an engine for female foeticide.

Regulatory and Procedural Framework under the PC & PNDT Act, 1994

An RMP cannot legally proceed with a medical abortion without verifying gestational age via diagnostic equipment. Therefore, the preliminary diagnostic procedure must stringently comply with the following procedural sections of the PC & PNDT Act:

1. Mandatory Registration of Facilities (Section 3): No diagnostic scan or ultrasound can be performed to check the pregnancy prior to a medical abortion unless the facility is explicitly registered under the Act as a Genetic Clinic, Laboratory, or Ultrasound Centre.
2. Statutory Permissibility of Tests (Section 4): Pre-natal diagnostic techniques can only be used to detect specific medical anomalies (e.g., genetic malformations, chromosomal abnormalities, or sex-linked disorders) and never to isolate sex.
3. Absolute Ban on Sex Determination & Disclosure (Sections 5 & 6): The practitioner conducting the preliminary evaluation is strictly prohibited from using the technology to determine the sex of the foetus. Under Section 5(2), they are explicitly forbidden from communicating the foetal sex to the pregnant woman, her relatives, or any other person by words, signs, or any other method.
4. Mandatory Record Maintenance via “Form F” (Section 29): The most critical administrative procedure under the Act requires the doctor to meticulously fill out Form F for every pregnant woman scanned. This form is a complete legal declaration detailing the patient’s history and an explicit pledge of non-disclosure of sex. Indian courts interpret any clerical error, blank column, or missing signature in Form F as prima facie evidence of intent to commit illegal sex selection.
5. Prohibition of Advertisements (Section 22): No individual or clinic can issue, publish, or circulate any advertisement or media notice claiming that their diagnostic facilities or abortion-related procedures can assist in selecting or terminating a child based on a specific gender.

The Substantive Abortion Procedure (The MTP Act, 1971)

Once the diagnostic protocols under the PC & PNDT Act are cleanly executed, the lawful mechanism to carry out the medical abortion shifts entirely to Section 3 of the Medical Termination of Pregnancy (MTP) Act:

Step 1: Good-Faith Medical Opinion: For a pregnancy termination up to 20 weeks (which fully encompasses early medical abortions), the statutory opinion of only one Registered Medical Practitioner (RMP) is legally required. The doctor must certify that continuing the pregnancy poses a risk to the woman’s life or grave injury to her physical/mental health.

Step 2: Legal Grounds Extension: Under the 2021 amendments, an RMP can legally authorize a termination based on contraceptive failure for both married and unmarried women.

Step 3: Approved Place Requirement (Section 4): A medical abortion cannot be carried out casually. The law dictates it must be performed either at a government hospital or a private facility specifically approved by the government for the purposes of the MTP Act.

Step 4: Statutory Confidentiality (Section 5A): Added via the 2021 Amendment, the RMP is legally bound to keep the name and particulars of the woman completely confidential. Revealing these details to anyone other than a person authorized by law carries a penalty of up to 1 year of imprisonment.

Penalties for Violating Pre-Abortion Protocols (Section 23)

To deter violations during the pre-abortion diagnostic phase, the PC & PNDT Act enforces a strict split-penal framework:

1. For Medical Practitioners (Section 23(1)): For any procedural violation or illegal sex determination, a doctor faces imprisonment up to 3 years and a fine up to ₹10,000 for the first offence. Subsequent offences carry up to 5 years of imprisonment and a fine up to ₹50,000. The doctor's medical license is suspended during trial and permanently removed upon conviction.
2. For Persons Seeking Sex Selection (Section 23(3)): Any husband or family member compelling or seeking sex selection faces imprisonment up to 3 years and a fine up to ₹50,000 for the first offence, escalating to 5 years of imprisonment and a ₹1,00,000 (1 Lakh) fine for subsequent offences.

Conclusion

While the MTP Act functions as an enabling statute designed to preserve reproductive autonomy and health, the PC & PNDT Act operates as a restrictive public welfare statute. Together, they ensure that a woman's access to safe medical abortion is legally protected, while simultaneously ensuring that diagnostic technology is never weaponized to disturb the nation's gender balance.

Q17.  Write in detail Role of ICCPR for Elimination of Discrimination against Women.

Ans. The ICCPR (1966) deals with liberty and physical integrity of women. The ICCPR is the legal shield that protects women from state overreach and guarantees their status as full citizens.

The Core Pillars: Article 2(1) and Article 3 (The Equality Clauses)
The entire gender-justice framework of the ICCPR rests upon two foundational provisions:

1. Article 2(1) (Non-Discrimination): Obligates Member States to respect and ensure Covenant rights to all individuals without distinction of any kind, explicitly including sex.
2. Article 3 (Equal Enjoyment): Mandates the "equal right of men and women to the enjoyment of all civil and political rights."

Substantive, Not Neutral, Equality: Under General Comment No. 28, the Human Rights Committee (HRC) clarified that States cannot merely claim their laws are gender-neutral. They must take positive measures (affirmative action, protective tracking) to ensure traditional, cultural, or religious attitudes are not weaponized to justify inequality.

Key Articles

A. Article 6: The Right to Life

In traditional law, this meant the state couldn't execute you without trial. In feminist jurisprudence, this has expanded to include Femicide (gender-motivated killing) and Maternal Mortality.

• General Comment No. 36: The Human Rights Committee recently clarified that the “Right to Life” includes the duty of states to ensure access to safe and legal abortion when the life or health of the woman is at risk, or where carrying a pregnancy to term would cause severe pain or suffering.

B. Article 7: Freedom from Torture and Cruel Treatment

Feminists successfully argued that torture doesn't just happen in a police cell; it happens in the home. Practices like Domestic Violence, Female Genital Mutilation (FGM), and Forced Sterilization are now recognized as violations of Article 7. It shifts these issues from “private family matters” to “state-sanctioned torture” if the state fails to intervene.

C. Articles 9 & 10: Liberty and Dignity in Detention

These articles protect against arbitrary arrest. For gender justice, this includes protecting women from being detained in “rehabilitation centres” for “moral crimes” (like running away from an abusive home or being a victim of sexual assault).

D. Article 23: Equality in Marriage and Family

This article explicitly tackles institutional patriarchy within the private sphere. It mandates that marriage must be entered into with full and free consent, and guarantees absolute equality of rights and responsibilities between spouses during the marriage and at its dissolution (covering inheritance, custody, and property ownership).

E. Article 25: Political Participation

It guarantees the right to vote and hold public office. Feminist scholars point out that while women have the right to vote, “Political Patriarchy” often prevents them from being candidates. This article is used to argue for Gender Quotas in parliaments to ensure substantive representation.

F. Article 26: Equality Before the Law

This is the “General Equality” clause. It provides a standalone right to non-discrimination. It is the primary tool used to strike down laws that treat women as “second-class citizens” in court testimony or inheritance.

The Human Rights Committee (HRC)

The ICCPR is monitored by the Human Rights Committee (not to be confused with the Human Rights Council). States must report every few years on how they are treating women.

The HRC issues “General Comments” that interpret the treaty. For example, General Comment No. 28 specifically addresses the “Equality of rights between men and women,” providing a detailed blueprint for gender justice.

The Public/Private Divide

The biggest contribution of feminist jurisprudence to the ICCPR is the dismantling of the “Public/Private Divide.” Traditional civil rights only protected people from the “State.” But for most women, the person violating their rights isn't a police officer; it's a husband, father, or employer. Through the ICCPR, the legal concept of “Due Diligence” emerged. This means the State is responsible for a human rights violation even if a private person did it, if the State failed to prevent it or punish it.

Conclusion

The ICCPR provides a robust, cross-cutting legal blueprint for the elimination of discrimination against women. By expanding traditional civil liberties into the private domain and holding the state accountable for structural inequality, the Covenant ensures that women are protected not just as a vulnerability category, but as equal, autonomous legal entities entitled to comprehensive human dignity.

Q18. Critically analyse case of Arun Kumar vs. Inspector General, 2019, Madras High Court.

Ans. The judgment in Arun Kumar v. Inspector General of Registration (Madras High Court, 2019) is a watershed moment in Indian jurisprudence. It didn’t just settle a property dispute; it fundamentally expanded the legal definition of “woman” under the Hindu Marriage Act (HMA), 1955.

The case arose when the Registrar of Marriages refused to register the marriage between Arun Kumar and Sreeja. The refusal was based on the fact that Sreeja was a transwoman. The Registrar argued that according to Section 5 of the HMA, a marriage can only be solemnized between a “bridegroom” and a “bride,” and a transwoman did not fit their rigid definition of a “bride.”

The Core Legal Question

Does the term “bride” in the Hindu Marriage Act strictly mean a person born biologically female, or does it include anyone who identifies as a woman?

Key Pillars of the Judgment

A. Gender Identity vs. Biological Sex

Justice G.R. Swaminathan ruled that “gender” is not determined solely by the anatomy one is born with. Drawing from the NALSA judgment, the court held that:

• The term "bride" cannot have a static or immutable meaning.
• Self-determination of gender is a fundamental right under Articles 14, 15, 19, and 21 of the Constitution.
• If a person identifies as a woman, she is a "bride" in the eyes of the law.

B. Statutory Interpretation

The court applied a “living provision” approach. It argued that laws must evolve with society. Restricting the term “bride” to only biological women would be a “pedantic and literal” interpretation that violates the spirit of the Constitution.

C. Protection Against Discrimination

The judgment highlighted that the state’s refusal to register the marriage was a form of discrimination. It emphasized that the right to marry a person of one's choice is an integral part of the right to life.

D. Constitutional Remedies: The Court ruled that denying registration violated the couples' fundamental rights to equality (Article 14), non-discrimination (Article 15), freedom of expression (Article 19(1)(a)), and the right to privacy and dignity (Article 21), citing K.S. Puttaswamy (2017) and Navtej Singh Johar (2018).

Impact and Critical Analysis

Conclusion

The Arun Kumar case is a masterclass in judicial activism used for social good. By interpreting "bride" through the lens of identity rather than biology, the Madras High Court effectively humanized a legal system that had long ignored the existence of trans persons. It shifted the focus from what a person is at birth to who they are in their soul.