India: Hariharan v. Reserve Bank of India, A.I.R. 1999 S.C. 1149; Mudaliar v. Swaminathaswani, A.I.R. 1996 S.C. 1697, ¶19


| No Comments | No TrackBacks

In at least some of the above cases, the Court drew support from international covenants, including CEDAW. The Court relies on CEDAW to be able to interpret personal laws in a way that bolsters women's equality.

(''The preamble of CEDAW reiterates that discrimination against women violates the principles of equality of rights and respect for human dignity; is an obstacle to the participation on equal terms with men in the political, social, economic and cultural life of their country; hampers the growth of the personality from society and family and makes more difficult for the full development of potentialities of women in the service of their countries and of humanity. Poverty of women is a handicap. Establishment of a new international economic order based on equality and justice will contribute significantly towards [sic] the promotion of equality between men and women etc.'')

(found in ''Women and Law: A Comparative Analysis of the United States and Indian Supreme Courts' Equality Jurisprudence'' by Eileen Kaufman, Georgia Journal of International and Comparative Law, Vol. 34, No. 3, p 593)

No TrackBacks

TrackBack URL: https://www.hurights.or.jp/movable7-4/mt-tb.cgi/158

Leave a comment

PUBLICATIONS