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Case Analysis: Shalu Ojha V. Prashant OJHA (2015) 2 SCC 99




K Chakra Pani, B.A. L.L.B. (Hons.), School of Law, CHRIST (Deemed to be University), Bangalore (Karnataka)

INTRODUCTION

The case highlights the helpless situation of women seeking relief and justice from the perpetrators of cruelty and violence. They are guaranteed protection under special laws like the Medical Termination of Pregnancy Act, Domestic Violence Act, etc. with the hope and guarantee of speedy trial and justice delivery. But it remains a theory, and once they enter the arena of courts and litigation, they are again in the queue for justice seekers, where the principle of ‘justice delayed’ prevails over ‘Speedy Justice.’ The significant and contemporary topic of women’s rights, especially in Indian society, has gained immense importance, particularly when is surrounded by patriarchal instincts looming as a threat to them.

The present case displays the concept of women’s rights and upholding the same, but with the challenges of loopholes in the litigation process, the malicious intention in the actions of the Respondent, the delayed remedy, etc. Women are no exception to delayed compensation, even in the specially empowered statutes meant for women.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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