RESHMA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) PRELUDE : The journey of adjudication of this case presented many challenges as the learned counsel for petitioner drew this Court's attention to the most ancient scriptures of various faiths and his point of view regarding the concept of pardanashin woman in the said scriptures, at the same time, praying for the application of the old concept of pardanashin women to the modern age empowered and educated woman.

(2.) Thus, the challenge before this Court was to adjudicate and return a finding as to whether the concept of pardanashin woman, as argued and enumerated by the learned counsel for petitioner, indeed means and refers to women who by mere virtue of their gender need to be extended special treatment, as according to the learned counsel, even today many women are pardanashin out of their own choice or due to them following their respective religious practices.

(3.) Learned counsel for the petitioner prayed that guidelines be issued in the background of religious scriptures and Article 21 and 25 of the Constitution of India, however, giving a new meaning, a new philosophy and evolving new jurisprudence based on old scriptures to suit the present day requirements of the community.