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SC Reconsiders Provisions of Article 15(3)

Staff reporter, New Delhi
06/01/2018   0 Comments

Referring to the 1954 judgment that used the Article 15(3) to uphold the validity of Section 497, the bench headed by CJI Misra said, “There has to be a different kind of focus on the affirmative action conferred on women under Article 15 of the Constitution.”

A three-judge bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and D Y Chandrachud said, “We think it appropriate that the earlier judgments are required to be reconsidered, regard being had to social progression, perceptual shift, gender equality and gender sensitivity”. According to the Apex Court, it was high time to examine whether affirmative action mandated under Article 15(3) of the Constitution to benefit women in general could legally and judicially translate into absolving them of prosecution in a crime for which men are punished and women are willing or consensual partners.

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