Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | equal opportunities for woman Equality CONSTITUTION OF INDIA 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF INDIA, 1950: Articles 14, 21, 39A, 51A - Whether the female artists, who are eligible, can be deprived to work in the film industry as make-up man and only be permitted to work as hair dressers, solely because the fifth respondent-Association which is controlled by the Trade Unions Act, 1926, has incorporated a clause relating to this kind of classification and further stipulated that a person to work must be a resident of Maharashtra for a period of 5 years - Held: It is the duty of the State to frame policies so that men and women have the right to adequate means of livelihood - Equality cannot be achieved unless there are equal opportunities and if a woman is debarred at the threshold to enter into the sphere of profession for which she is eligible and qualified, it is well nigh impossible to conceive of equality - The statutory provisions of the Trade Union Act do not make a distinction between man and woman - The Association has been registered under the Trade Unions Act - The Association whose rules have been accepted, cannot take the route of the discrimination solely on the basis of sex - It really plays foul of the statutory provisions - It is absolutely violative of constitutional values and norms - If a female artist does not get an opportunity to enter into the arena of being a member of the Association, she cannot work as a female artist - It is gender bias writ large and totally impermissible and wholly unacceptable - The concept of domicile also has no rationale and invites frown of Articles 14, 15 and 21 - Registrar of Trade Unions had rightly directed Association to delete the said rules - Trade Union Act, 1986 - Bias - Gender bias. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 1024 |
Petitioner | Charu Khurana & Others |
Respondent | Union Of India & Others |
SCR | [2014] 12 S.C.R. 259 |
Judgement Date | 2014-11-10 |
Case Number | 78 |
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