Skip to main content

Sexist remarks


Sexist remarks made in the court, however subconscious be it,  is very common within the four walls of the courtrooms of Indian Judiciary. In the case of M.I Shadad vs Mohd. Abdullah Mir in the Jammu & Kashmir high court delivered by Justice Muzaffar Hussain Attar, Judge and Justice Bansi Lal Bhat, Judge held that serving of summons only of male adult member of the family, in the absence of the defendant was not discriminatory towards women. This was due to the age old Indian system where women having no identity outside her role of serving as  house-wives, going through motherhood, pregnancy, menstruation, mostly illiteracy or Parda Nashin. This legislation was passed so that Indian women were not expected to give out such services, rather expected to stay home and follow the social norms of the Indian society. The laws on marital rape is explicitly sexist as it gives out the notion that aa woman’s body is a legal possession of her husband, it is a serious issue of human rights violation where a woman cannot refuse consent to sex because there are no laws backed by Indian Judiciary to protect them. This exception in section 375 of the Indian  Penal Code needs to be reviewed or done away with completely. 

In the Karnataka high court, in the case Raja vs State of Karnataka, the Judge granted yet  again gave an anticipatory bail to the man accused for rape and commented that it is “unbecoming of Indian women” to go to sleep after  being raped”. They were disappointed and found it unusual that the woman after being raped didn’t “ hurry back home in a humiliated and a devastated state. ” In the Guwahati High Court case of Md. Jakir Ali vs The State of Assam, a woman was cheated into having sexual intercourse with the man (accused) in promise of marriage, after she became pregnant he denied marrying he or taking responsibility of their child. Even though the accused was convicted under Section 376 and 417 of the Indian Penal Code for Punishment for sexual assault and cheating respectively, there were discussions in the courtroom where they remarked the woman of easy virtue and very luke warmly address sexual assault, rather they focused more on how a woman’s Chasity or virginity which they believe so to be the most valuable “possession” for a woman is taken away from her through deception. So they opined that a “good woman” is one that ``protects' ' her  chastity or virginity. In a Bombay  High Court  granted bail to a rape accused on the  grounds stating that  the  victim was a women of loose virtue and used to do dirty stuff.

 This is a  chronic problem of of the Indian Judiciary and sexism and gender based discrimination must take a back seat. Although it seems that it’ll take us some time to get to the position of having a gender neutral courtroom trials, we can begin by assembling legal expectations to take a stand in such matters, creating a conducive space for women lawyers where they are taken seriously and appointing more female judges to the judiciary. We are also looking towards a better time when this nation will finally see its first female Chief Justice


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti