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february 1999

Supreme Court of India · 1999-02-17

GITHA HARIHARAN vs R.B.I.

Citation / case number
SC 1995/10500
Court
Supreme Court of India
Petitioner
GITHA HARIHARAN
Respondent
R.B.I.
Author
UMESH C. BANERJEE
Bench
UMESH C. BANERJEE

Judgment text excerpt

The Supreme Court examined the validity of Section 6 of the Hindu Minority and Guardianship Act, 1956, which was challenged on the grounds that it infringes upon the dignity of women as guaranteed under the Constitution. The Court emphasized that Article 2 of the Universal Declaration of Human Rights and the Constitution of India advocate for equality and non-discrimination, thereby establishing that gender bias is impermissible. The Court held that the provisions of Section 6 must be interpreted in a manner that upholds the constitutional rights of women, particularly in matters of guardianship and custody.

GITHA HARIHARAN vs R.B.I. · Niyam