CHARU KHURANA Vs. UNION OF INDIA (UOI)
LAWS(SC)-2014-11-39
SUPREME COURT OF INDIA
Decided on
November 10,2014
Charu Khurana
Appellant
VERSUS
UNION OF INDIA (UOI)
Respondents
Referred Judgements :-
MINERVA MILLS LIMITED VS. UNION OF INDIA [REFERRED TO]FRANCIS CORALIE MULLIN VS. ADMINISTRATOR UNION TERRITORY OF DELHI [REFERRED TO]
PRADEEP JAIN MISS REITA NIRANKARI MEENAKSHI ALKA AGGARWAL SHALINI VS. UNION OF INDIA [REFERRED TO]
OLGA TELLIS VAYYAPVRI KUPPUSAMI VS. BOMBAY MUNICIPAL CORPORATION:STATE OF MAHARASHTRA [REFERRED TO]
MACKINNON MACKENZIE AND COMPANY LIMITED VS. AUDREY DCOSTA [REFERRED TO]
NEERAMATHUR VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
VALSAMMA PAUL MRS KERALA PUBLIC SERVICE COMMISSION VS. COCHIN UNIVERSITY:DR KANJAMMA ALEX [REFERRED TO]
MADHU KISHWAR JULIANA LAKRA VS. STATE OF BIHAR [REFERRED TO]
VISHAKA VS. STATE OF RAJASTHAN [REFERRED TO]
A I I M S STUDENTS UNION VS. A I I M S [REFERRED TO]
SAURABH CHAUDRI VS. UNION OF INDIA [REFERRED TO]
ASHOKA SMOKELESS COAL IND P LTD VS. UNION OF INDIA [REFERRED TO]
CENTRE FOR PUBLIC INTEREST LITIGATION VS. UNION OF INDIA [REFERRED TO]
SOCIETY FOR UN AIDED PRIVATE SCHOOLS OF RAJASTHAN VS. U O I [REFERRED TO]
VOLUNTARY HEALTH ASSOCIATION OF PUNJAB VS. UNION OF INDIA [REFERRED TO]
NIKHIL HIMTHANI VS. STATE OF UTTARAKHAND [REFERRED TO]
PRAMATI EDUCATIONAL & CULTURAL TRUST VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
CHANDRANI SINHA, D/O LATE SHRI UTTAM SINGH SINHA VS. CHHATTISGARH STATE ELECTRICITY HOLDING COMPANY LIMITED, DAGANIYA, RAIPUR (C.G.) [LAWS(CHH)-2016-9-72] [REFERRED TO]NITABEN DINESHKUMAR OZA VS. DINESHKUMAR ISHWARLAL OZA [LAWS(GJH)-2016-3-109] [REFERRED TO]
MS. JAYASHREE GURURAJ VS. CISCO SYSTEMS (INDIA) PRIVATE LIMITED [LAWS(KAR)-2021-9-218] [REFERRED TO]
RATTHO BAI VS. SOUTH COALFIELD LIMITED [LAWS(CHH)-2015-7-40] [REFERRED TO]
KOCHAMMINI THAMPURAN VS. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAW AND PUBLIC ADMINISTRATION [LAWS(KER)-2018-7-357] [REFERRED TO]
MAHESH MURTHY VS. POOJA CHAUHAN [LAWS(DLH)-2020-7-16] [REFERRED TO]
SANUJA VS. KERALA STATE BEVERAGES CORPORATION LTD. [LAWS(KER)-2016-12-67] [REFERRED TO]
SHANTI KUMARI VS. BHARAT COOKING COAL LIMITED [LAWS(JHAR)-2019-9-137] [REFERRED TO]
AMISH DEVGAN VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2020-12-21] [REFERRED TO]
SHAYARA BANO VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2017-8-39] [REFERRED TO]
SANTHINI VS. VIJAYA VENKETESH [LAWS(SC)-2017-10-16] [REFERRED TO]
ANJULA SINGH VS. UDHAM SINGH NAGAR [LAWS(UTN)-2017-4-19] [REFERRED TO]
SUBRAMANIAN SWAMY VS. UNION OF INDIA [LAWS(SC)-2016-5-82] [REFERRED TO]
DR. RINI JOHAR & ANR. VS. STATE OF M.P. & ORS. [LAWS(SC)-2016-6-5] [REFERRED TO]
SADHNA BAI VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-1-6] [REFERRED TO]
THE STATE OF WEST BENGAL VS. PURNIMA DAS [LAWS(CAL)-2017-9-88] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE OF H.P. [LAWS(HPH)-2018-8-127] [REFERRED TO]
KANCHANA KUMARI VS. STATE OF KERALA [LAWS(KER)-2018-1-752] [REFERRED TO]
NISHA LOHANI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-4-3] [REFERRED TO]
DEEPAK RUWALI VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2018-7-62] [REFERRED TO]
KRISHAN VENI NAGAM VS. HARISH NAGAM [LAWS(SC)-2017-3-36] [REFERRED TO]
PREM FUL KUMARI VS. CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN-CUM MANAGING DIRECTOR [LAWS(JHAR)-2017-4-25] [REFERRED TO]
MADHUSUDAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-6-49] [REFERRED TO]
MAMNI PRADHAN VS. SOUTH EASTERN COALFIELDS LIMITED [LAWS(CHH)-2022-1-76] [REFERRED TO]
PAVAN @ PAVAN SINGHAL VS. STATE OF U.P. [LAWS(ALL)-2021-3-77] [REFERRED TO]
KAUSHAL KISHOR VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-1-8] [REFERRED TO]
PRAKASH AND ORS. VS. PHULAVATI AND ORS. [LAWS(SC)-2015-10-81] [REFERRED TO]
MS. Z VS. STATE OF BIHAR [LAWS(SC)-2017-8-32] [REFERRED TO]
SANJAY M PEERAPUR VS. UNION OF INDIA [LAWS(KAR)-2024-1-41] [REFERRED TO]
R. AVUDAYAPPAN VS. MUTHUKARUPPAN PUBLIC PROSECUTOR DISTRICT AND SESSIONS COURT TIRUNELVELI DISTRICT [LAWS(MAD)-2018-6-1139] [REFERRED TO]
FAHEEMA SHIRIN.R.K VS. STATE OF KERALA [LAWS(KER)-2019-9-95] [REFERRED TO]
ASHA PANDEY AND ORS. VS. COAL INDIA LTD. AND ORS. [LAWS(CHH)-2016-3-7] [REFERRED TO]
AAQIL JAMIL AND 2 OTHERS VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-4-70] [REFERRED TO]
KUSH KALRA VS. UNION OF INDIA & ANR [LAWS(DLH)-2018-1-134] [REFERRED TO]
V P R ILAMPARUTHI VS. PUBLIC PROSECUTOR, TIRUNELVELI [LAWS(MAD)-2018-6-246] [REFERRED TO]
SWAMI RAMDEV VS. JUGGERNAUT BOOKS PVT LTD & ORS [LAWS(DLH)-2018-9-323] [REFERRED TO]
MISS. HAMSHIKHA MALLICK VS. COAL INDIA LTD. [LAWS(CHH)-2016-6-5] [REFERRED TO]
NUTAN KHUSHBU VINOD SINGH VS. SOUTH EASTERN COAL FIELDS LTD SURGUJA, CHHATTISGAR [LAWS(CHH)-2017-7-63] [REFERRED TO]
SAROJNI BHOI VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-11-10] [REFERRED TO]
JOSEPH SHINE VS. UNION OF INDIA [LAWS(SC)-2018-9-116] [REFERRED TO]
SENIOR DIVISIONAL COMMERCIAL MANAGER & ORS. VS. S.C.R. CATERERS, DRY FRUITS, FRUIT JUICE STALLS WELFARE ASSOCIATION & ANR. [LAWS(SC)-2016-1-75] [REFERRED TO]
JANHIT ABHIYAN VS. UNION OF INDIA [LAWS(SC)-2022-11-25] [REFERRED TO]
JUDGEMENT
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(1.)The present writ petition preferred Under Article 32 of the Constitution of India, exposes with luminosity the prevalence of gender inequality in the film industry, which compels one to contemplate whether the fundamental conception of gender empowerment and gender justice have been actualised despite number of legislations and progressive outlook in society or behind the liberal exterior, there is a facade which gets uncurtained on apposite discernment. The stubbornness of the 5th Respondent, Cine Costume Make-up Artists and Hair Dressers Association (for short, "Association") of Mumbai, as is manifest, thought it appropriate to maintain its pertinacity, possibly being determined not to give an inch to the Petitioners who are qualified make-up artists by allowing them to become make-up artists as members of the Association on two grounds, namely, they are women and have not remained in the State of Maharashtra for a span of five years. The first ground indubitably offends the concept of gender justice. As it appears though there has been formal removal of institutionalized discrimination, yet the mindset and the attitude ingrained in the subconscious have not been erased. Women still face all kinds of discrimination and prejudice. The days of yore when women were treated as fragile, feeble, dependent and subordinate to men, should have been a matter of history, but it has not been so, as it seems.
(2.)Fight for the rights of women may be difficult to trace in history but it can be stated with certitude that there were lone and vocal voices at many a time raising battles for the rights of women and claiming equal treatment. Initially, in the West, it was a fight to get the right to vote and the debate was absolutely ineffective and, in a way, sterile. In 1792, in England, Mary Wollstonecraft in "A Vindication of the Rights of Women" advanced a spirited plea for claiming equality for, "the Oppressed half of the Species". In 1869, "In Subjection of Women" John Stuart Mill stated, "the subordination of one sex to the other ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other". On March 18, 1869 Susan B. Anthony proclaimed "Join the union girls, and together say, "Equal pay, for Equal work". The same personality again spoke in July 1871: "Women must not depend upon the protection of man but must be taught to protect themselves".
(3.)Giving emphasis on the role of women, Ralf Waldo Emerson, the famous American Man of Letters, stated "A sufficient measure of civilization is the influence of the good women". Speaking about the democracy in America, Alexa De Tocqueville wrote thus: "If I were asked.... to what singular prosperity and growing strength of that people (Americans) ought mainly to be attributed. I should reply; to the superiority of their women". One of the greatest Germans has said: "The Eternal Feminine draws us upwards".
(2.)Fight for the rights of women may be difficult to trace in history but it can be stated with certitude that there were lone and vocal voices at many a time raising battles for the rights of women and claiming equal treatment. Initially, in the West, it was a fight to get the right to vote and the debate was absolutely ineffective and, in a way, sterile. In 1792, in England, Mary Wollstonecraft in "A Vindication of the Rights of Women" advanced a spirited plea for claiming equality for, "the Oppressed half of the Species". In 1869, "In Subjection of Women" John Stuart Mill stated, "the subordination of one sex to the other ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other". On March 18, 1869 Susan B. Anthony proclaimed "Join the union girls, and together say, "Equal pay, for Equal work". The same personality again spoke in July 1871: "Women must not depend upon the protection of man but must be taught to protect themselves".
(3.)Giving emphasis on the role of women, Ralf Waldo Emerson, the famous American Man of Letters, stated "A sufficient measure of civilization is the influence of the good women". Speaking about the democracy in America, Alexa De Tocqueville wrote thus: "If I were asked.... to what singular prosperity and growing strength of that people (Americans) ought mainly to be attributed. I should reply; to the superiority of their women". One of the greatest Germans has said: "The Eternal Feminine draws us upwards".
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