VASANTHA R Vs. UNION OF INDIA

JUDGEMENT

(1.) The crux of the contention in this batch of writ petitions is there shall be no discrimination on ground of sex, which is perhaps the most controversial of all protective measures, an ever raging controversy and the issue, has been now set in motion in the form of legal action. This Court deems it apt to quote the great jurist before taking up the writ petitions for consideration:

(2.) In the present batch of writ petitions the plea that has been advanced is essentially a claim of equality for women with passion and the equality means equality of opportunity for both men and women. It is the plea of the petitioners that no discrimination shall be practised against women on account of sex in their livelihood, in their right to be treated as equal which includes equality of opportunity. In other words, absolute equality on par with men is the plea advanced on behalf of the petitioners in each writ petition filed for the women and by the women.

(3.) It is the further plea of the petitioners that women show their ability m various walks of life, besides they have played their part quite well and at times they have even beaten men on their own ground. It is the further claim that women could participate in the public activities and could also discharge their domestic duties as well. It is the further claim of the petitioners that in the field of employment in a factory as in any other field, the work in the third shift should also be thrown open for women and it is for the women to decide which shift they would work and which shift they would not do. The fulcrum of contention being when variety of careers had been thrown open to both men and women which recognise significance of careers to women and when substantial number of women are being deprived of chances of fair employment or equal opportunity on the ground that they shall not be employed during the night shift (third shift) the evils of discrimination is being played and the same shall not be allowed as it is violative of Articles 14, 15, 19(l)(g) and 21 of the Constitution.