Ad featuring Lesbian Couple had to be taken down due to 'Public Intolerance': Justice DY Chandrachud cites recent Dabur controversy speaking on 'Women's Rights'

  

Justice D Y Chandrachud of Supreme Court of India 

While speaking on 'Empowerment of Women through Legal Awareness' at the Nationwide Launch of Legal Awareness Programmes by NALSA in collaboration with the National Commission for Women, Justice DY Chandrachud of Supreme Court cited recent controversy surrounding an advertisement featuring Lesbian Couple.

He said, "Just two days ago,all of you would know, of this advertisement which a company was required to pull down. It was an advertisement was for Karva Chauth of a same-sex couple. It had to be withdrawn on the ground of public intolerance!",

The Dabur ad showed a lesbian couple celebrating "karva chauth" festival. Justice Chandrachud in his speech highlighted how the same was removed from public space due to "public intolerance" which resulted in outbrust ans complaints.

The Company also received threat of Legal Action by the Madhya Pradesh Home Minister who objected on the advertisement. 

Dabur India withdrew the advertisement and tendered unconditional apology for "unintentionally hurting people's sentiments" as the controversy broke out.

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In backdrop of the example, Justice Chandrachud highlighted the need to make young men also aware about Gender Rights. He stressed that legal awareness of the rights of women is not merely a matter for women.

"Awareness is not only a woman's issue. Awareness about the rights of women can be truly meaningful if that awareness is created amongst the younger generation of men in our society. Because I believe that the deprivation of rights of women, if we have to find an answer to them, the origin must be in the changing of mindset, both of men and women. The more we realise that the category of women encompasses various social, economic and political disadvantages, the more we will be able to cater to their individualised and actual needs. True freedom for women, in other words, is truly intersectional".

Advancing the talks towards structural inequalities rooted in patriarchy, he stated Constitution is a transformative document which seeks to remedy the same.'

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He said:

"Our Constitution is a transformative document that sought to remedy the structural inequalities rooted in patriarchy. It has become a powerful tool to secure material entitlements and provide public affirmations of dignity and equality of women. Legislations like domestic violence act, prevention of sexual harassment at workplace act have been enacted to achieve the goal of fulfilling the constitutional rights of women. However, every day in our lives as judges of the Supreme Court, we come across injustice against women. There are real-life situations which show that there is great divergence between ideals of the law and the real state of the society today",

 He further added:

"You come across a case of a daughter-in-law being thrown out from the house in a matrimonial dispute and then, when she complains under the domestic violence act, she is informed that the husband has no right, title or interest in a joint family home or that the home that belongs to the father! When the award of maintenance is sought to be enforced, the woman is told that the business belongs to the joint family and the husband is only a salaried partner in the business!...there is a matter where a woman was denied maternity leave for the first born child on the ground that her husband, from a prior marriage, had two living children! So a woman who was in a relationship, a marriage, with her husband for the first time was denied maternity leave because her husband had children from a previous marriage!...Just two days ago, there was an advertisement which a company was required to pull down- the advertisement was Karva Chauth by a same-sex couple. It had to be withdrawn on the ground of public intolerance!" 

SOURCE ; s://www.latestlaws.com/ 

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