Summary Of Women’s Rights: Punjab & Haryana High Court’s Role in Women’s Justice

Women’s Rights Still a Challenge

Even after 77 years of independence, women in India continue to struggle for justice, equality, and empowerment. Despite legal advancements, gender-based discrimination remains widespread, particularly in rural areas, where 67% of women still face societal and legal hardships. Challenges such as workplace harassment, limited job opportunities, and systemic biases persist even in urban settings.
On this Women’s Day, landmark rulings by the Punjab & Haryana High Court highlight the judiciary’s role in addressing gender injustices and promoting women’s rights.

Key High Court Rulings Advancing Women’s Rights

1. A Woman’s Identity Isn’t Defined by Relationships
   In XXX v. State of Punjab, the High Court dismissed a father’s habeas corpus petition seeking to force his adult daughter to return to her marital home. The Court reaffirmed that a woman’s autonomy and identity are not determined by her familial roles.
2. Right to Sexual Autonomy Comes with Responsibility
   In X v. State of Punjab, a Class XII student sought to terminate her 26-week pregnancy. The Court acknowledged a woman’s right to sexual autonomy but also emphasized responsibility. While medical termination was denied due to fetal viability, the Court recognized the emotional and social consequences of unwanted pregnancies.
3. Gender-Sensitive Language in Legal Proceedings
   In Neetu Sharma v. State of Punjab, the Court refused to use the term “mistress” for a female teacher, in line with Supreme Court directives advocating respectful terminology for women.

More Rights

1. Right to Abortion Without Husband’s Consent
   In XXX v. Fortis Hospital Mohali & Ors, the Court ruled that a woman living separately from her husband can terminate her pregnancy without his consent, broadening the interpretation of “change of marital status” under the Medical Termination of Pregnancy Act.
2. Mother’s Judgment in Child Custody Matters
   In Veena Yadav v. State of Haryana, the Court granted pre-arrest bail to a mother in a fraud case, ensuring she remained with her 10-year-old daughter. It emphasized that courts should prioritize a mother’s judgment in assessing a child’s welfare.
3. Unfair Rejection of Woman in Police Recruitment
   In Karishma v. State of Haryana, the Court imposed a ₹3 lakh penalty on the Haryana Staff Selection Commission for unfairly disqualifying a female candidate in a constable recruitment test. The ruling reinforced the need for fair evaluation in government hiring processes.
4. Medical Reimbursement Rights for Female Employees’ In-Laws
   In Swaranjit Kaur v. State of Punjab, the Court urged the state government to reconsider its policy of denying medical benefits to female employees’ in-laws while extending them to biological parents, citing discrimination.

Judiciary’s Role in Gender Justice

These rulings highlight how courts are crucial in bridging the gap between constitutional rights and real-world gender justice. However, true empowerment requires sustained legal reforms, social awareness, and proactive policy changes.
On this Women’s Day, these judgments serve as a reminder that legal victories are essential but not enough, society must also evolve to ensure lasting equality.