Thursday, November 19, 2020

WOMEN RIGHTS, PERSON CLAUSE AND THE ALLAHABAD HIGH COURT

Women rights have come a long way but they have yet to become a reality.  The law courts have discriminated them for a long period and not treated then as 'person'.  The Allahabad High Court has the distinction of enrolling 'Cornelia Sorabji' the first lady advocate in India. It was also the first in the world under the Person clause. 

Cornelia Sorabji's photograph is  from this post of Lincoln's Inn Picture

Allahabad High Court celebrated post centenary silver jubilee celebration in 1991. This article traces history of the Allahabad High Court and ‘Person’ clause cases where women claimed equal rights with men and was written as a tribute to the Allahabad High Court on this occasion.

This post is part of the series 'IT LIES IN THE HEART'. For other posts in the series, please see at the end of the article, before the End Notes.

Wednesday, November 04, 2020

LAW & HISTORY

History is as important to Law as the Law itself.

Men often talk about women’s rights. It’s fashionable. So do I. In 'Pretty Ones' you will find history for equal rights for women in law courts.

One day, when I was talking about women rights, my wife innocently asked me, 

‘You merely talk. But do you believe in it? My father practised it. When he came back from Harvard Medical School in 1963; he left his 28 year old wife in Toronto to do her Post Doctoral studies. Will you ever do the same?’

My Parents - 1958

Not to be outdone I answered,

'My parents married in 1939 when my mother was 17 years and father was 20 years old.  They lived for a year in Lucknow,  where my father obtained his post graduate and law degree and my mother passed her Intermediate. In 1940, my father started practice at Banda and at the same time, he permitted his 18 year old wife, married a year ago, to live in a hostel, to obtain her undergraduate and then law degree from Benaras Hindu University (BHU).  At that time, there was no direct train to Benaras from Banda and one has to change twice—at Manikpur and Allahabad—to reach Benaras.
Their eldest child, my sister, was born after my mother finished her law degree in 1944. I understand that she was first lady law graduate from BHU.'
The result is that my wife has been abroad many times in connection with her studies and has taught for some years in US and Canada but I could go abroad only after I became a judge.
Aren’t they clever?


IT LIES IN THE HEART
(These articles were written before I was elevated as the High Court judge on 5th February 1999 and were also published. Since then they have been updated.)

The Emergency
।। Independent India's Darkest Period।। Supreme Court's Shame।। More Executive Minded Than The Executive।।

Case Study
 
 Law & History
Pretty Ones।।

Life sketches

Draft Bills

AMU Case - Sixth & seven (a)th Point

In 1981, amendments were made in the Aligarh Muslim University Act broadly providing the University to mean the educational institution of t...