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There is a "positive gender discrimination (that favors women) in certain sectors of government,” according to Roshan Dalvi (pictured), retired judge of the Bombay High Court. Citing the example of the Indian Administrative Service, she said that women are at the helm in certain departments like health, education and training. She attributed this to the ingrained ability in most women to nurture others. Companies with a diverse workforce that include women do better than ones which are male dominated, she said. Dalvi was speaking on "The common man and woman: a socio legal perspective” at The K. R. Cama Oriental Institute (KRCOI) on November 9, 2016.
 "When the British ruled India, they did not mess with the personal laws of the communities,” she stated. They did enact "a wide array of civil laws, and those for trade and commerce,” the retired judge continued. It was only after 1947 that socioeconomic legislation came to the fore, she said.
"Enlightened legislators are required for enlightened laws,” Dalvi said. Referring to the Indian Succession Act of 1956, she said the Act, for the first time gave women "the absolute right (not jointly with her husband) to property she was possessed of.” The Medical Termination of Pregnancy Act of 1972, she said, gave protection to women, as did equivalent acts in several advanced countries. While determination of sex of a fetus and its abortion if detected to be female is banned in India, there are provisions for arrest of the in-laws of the woman, but not the woman on whom such an abortion is performed.

 

 

 

 

 

Dalvi elaborated that various acts promulgated for the welfare of women held that "a wife’s contribution to a home must be accounted for,” and that she was entitled to half of her marital home.
"Socioeconomic advancement leads to development of good laws,” she observed.  Train compartments, in the early days of the railways, had no separate conveniences for women passengers. As more women took to travelling, separate arrangements were introduced, Dalvi noted. Upon more women joining the work force, labor laws evolved to introduce changing rooms for women in factories.
"Even NASA (National Aeronautics and Space Administration) in the US, realizing that a woman can "hold herself better in space,” introduced a regulation that there needs to be at least one woman in all space missions, she said. The recent mandatory requirement that there must be at least one woman director on the board of all public limited companies is a step in the right direction, she stated.
The lecture was held to mark the 186th birth anniversary of Kharshedji R. Cama, after whom the Institute is named. KRCOI trustee Homa Petit, who presided, referred to Cama’s linguistic skills, his deep knowledge of astronomy and botany and his championing the cause of female education. "He never sought popularity, popularity sought him,” noted Petit. Introducing Dalvi as "the most hardworking counsel” he had the pleasure of knowing, the trustee referred to her "many leading judgments” delivered during her tenure. KRCOI honorary secretary Dr Nawaz Mody welcomed the audience and at the end offered a vote of thanks.