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W.P(C).No.19716/2019-L
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different. However in paragraph 21 of that judgment,, in which the interim order
passed on 13.4.2017 was incorporated, the Apex Court made it clear that the
freedom of expression included the right to be informed and right to know and
feeling of protection of expansive connectivity. In that case, the Apex Court took
note of the instances on account of inappropriate exposure to the Internet and held
that the respondents therein have a role to control it so as to see that there is no
violation of the provisions contained in section 22 of Pre-Conception and PreNatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, relating to
determination of gender .
14.
In the judgment in Anuj Garg's case the Apex Court while
considering the prohibition of employing women in the premises where liquor is
served in
restaurants under the Punjab Excise Act, observed that the societal
conditions as they prevailed in early 20th century, may not be a rational criteria in
the 21st century. It is pertinent to note the observations made by the Apex court on
parents patriae of the State as follows:
“ 31. Parens patriae power is subject to constitutional challenge on the ground of
right to privacy also. Young men and women know what would be the best offer for
them in the service sector. In the age of internet, they would know all pros and cons of
a profession. It is their life; subject to constitutional, statutory and social interdicts—
a citizen of India should be allowed to live her life on her own terms.
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37. Instead of putting curbs on women’s freedom, empowerment would be a more
tenable and socially wise approach. This empowerment should reflect in the law
enforcement strategies of the State as well as law modelling done in this behalf.
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51. The court’s task is to determine whether the measures furthered by the State
in the form of legislative mandate, to augment the legitimate aim of protecting the
interests of women are proportionate to the other bulk of well-settled gender norms
such as autonomy, equality of opportunity, right to privacy, etc.. The bottom line in
this behalf would be a functioning modern democratic society which ensures freedom
to pursue varied opportunities and options without discriminating on the basis of sex,
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