Our Constitution is a transformative document that sought to remedy the structural inequalities rooted in patriarchy” – Justice D. Y. Chandrachud
Written By Rajnish
“There is no one identity for women as a group or class. There are multiple identities within the large class of women for whom the law has entitled the conferment of rights.” Justice D.Y. Chandrachud observed Saturday when he was speaking on ‘Empowerment of Women Through Legal Awareness’ organized by NALSA in collaboration with the National Commission for Women.
Justice Chandrachud in continuation of the above remarks stated “it is important for us to understand that there must be an intersectional approach to discrimination and violence which women face”
While elaborating the above premise he said that, when he came across discrimination against Scheduled Class woman,in his judgment he himself has observed that the identity of a woman associated with her caste, her class, religion, disability, and sexual orientation, she may face violence and discrimination due to 2 or more grounds simultaneously. Transgender woman, facing violence face violence on the grounds of their heterodox gender identity and woman both.
Justice Chandrachud in the course of his speech also observed that the Constitution is a transformative document for tackling the deeply rooted patriarchal notions and inequalities and further enactments of different women centric laws like Domestic Violence Law, Prevention of Sexual Harassment at Work Place act have been enacted to achieve the fulfilling of constitution rights promised by constitutional makers. But, in every-day life as a judge, we came across various injustices against women. There are real-life situations which show that there is a great divergence between ideals of the law and the real state of the society today” justice added.
He gave the instance of the above premise as “you came across the daughter-in-law being thrown out from the house in a matrimonial dispute and then when she complains under the DV Act, she is informed that the husband has no right, title or interest in the joint family home that belongs to father!”
Further, he also talked about gender labor division, which revolved around domestic work in the case of women, devoid of leadership roles, further making the woman vulnerable to violence.