Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within

✴️The FP 2030 Parternership ✴️

✴️The FP 2030 Parternership ✴️
- "Family planning and the 2030 Agenda for sustainable development"

🔱The family planning 2030 is a global partnership of governments,civil societies , multilateral organization s, doners, Private sectors and recherchers committed for supporting the rights of women and girls in reproductive autonomy. 
🔱Target- It aims to ensure the target of 3.7 of the Sustainable Development Goals (SDGs) calls on the countries by 2030.
👉To ensure the universal access to sexual and reproductive health care services.
🔱Goals includes -
👉Family Planning
👉 Information and
👉 education
Integration of reproductive health into national strategies and programs.

⚜️India's Family Planning 2030 Vision. 
👉Focus Areas: Strategies to overcome teenage childbearing, lack of male participation in awareness programmes, migration and lack of access to contraceptives have been identified as priorities.
⚜️Child marriages remain a cause of concerns for the country.Interestingly, even before the UN adopted this Convention, India had a law prescribing the 
minimum age of marriage, known as the Sarda Act, 1929. Later renamed as the Child 
Marriage Restraint Act (CMRA), 1929, it prohibited marriage of girls below the age of 15 
years and boys below the age of 18. In 1978, the law was amended to raise the minimum 
age of marriage to 18 years for girls and 21 years for boys. This position remains the same even in the new law called the Prohibition of Child Marriages Act (PCMA), 2006, which replaced the CMRA.

👉Acoording to NFHS (National Family Health Survey)-4 to NFHS-5 ,India witnessed an impressive Improvement in contraceptive use and unmet need. But decline in teenage child bearing.It was minimal -7.9% in 2015-2016 and to 6.8% in 2014-21.

🔱Judicial Reviews 
✅The supream court of India has been extremely progressive on womens reproductive rights.
🚩By decriminalising adultery and homosexuality in the landmark judgement of Navtej Johar . The court has held clearly ,that women have a right of sexual autonomy ,which is an important facet of their right to personal liberty.
🚩The Puttasawmi judgement specifically recognised the constitutional right of women to make reproductive choices,as a part of personal liberty undet article 21 of the Indian constitution.
🚩In accordance with the National Health Survey’s third report, 46% of women are under the age of 18. In India, there are also thought to be 23 million child brides.
In the case of Independent thought vs Union of India in the context reproductive rights of girls. Supreme Court held that ,The human rights of a girl child are very much alive and whether she is married or not  and deserves recognition and acceptance.

⚜️Significance Of This Case -
👉 Remarkable step  towards recognizing the rights of the married girl child through this petition. 
👉Finally, the court read down Exception 2 to Section 375 of the IPC, which had previously protected the husband from rape charges and allowed him to have sex with his wife with or without her consent as long as she was over the age of 15. 
👉As a result of the court’s quashing down of this exception, it is now a heinous crime to have sexual intercourse with a wife without her consent when she is above the age of 15 years. 
🚩The court preserved the lives of countless young girls by reading down this ruling, giving women the same rights as males.

🔱 Commitment s - For government
👉A commitment to FP 2030 is sn opportunity to invest in transformational progress for their citizens in alignment with national goals with the support of global partnership and worlds largest community of practice in family planning.
👉For other stakeholders - includes civil societies,youth organization, international nongovernmental organization, multilateral agencies .they will be committed to cross-sectoral condition s and partnership, foaster accountability and transpiracy ,boost visibility and connect with global community of leaders, advocates implementers.

Source- legal service india

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Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986