In a landmark judgment addressing the deep-seated issue of skin color bias, the Chhattisgarh High Court has made a significant statement. The bench, comprising Justices Goutam Bhaduri and Deepak Kumar Tiwari, dealt with a divorce case where the husband cited his wife’s dark skin color as a reason for seeking separation. The court’s decision and remarks highlight the urgent need for societal change in perceptions of skin color.
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The case involved a man who, married since 2005, sought a divorce from his wife, alleging “cruelty” and claiming he had been deserted. However, the court found merit in the wife’s counter-allegations. She stated that she had been insulted and thrown out of her home because of her darker complexion. In their judgment, the Justices noted,
“Evaluating the evidence, facts on the preponderance of probability and the allegations of husband and counter-allegations of wife, the reasons assigned by the wife appear to be more logical. The wife without hesitation has come up with a plea that the husband wanted to desert her on the ground that she has black color skin.”
The High Court, in its ruling, upheld a family court order that denied the man’s divorce application. The court strongly criticized the husband’s stance and emphasized that its judgment should not be seen as an incentive to promote a colorist mindset. The bench stated,
“The human race needs to change the dialogue at home… which may not promote the fairness preference of skin.”
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This judgment also referenced broader societal issues, including the role of skin color in the selection of marital partners and the ongoing debate on fairness creams. In 2020, an amendment to the Drugs and Magic Remedies Act was introduced, prescribing a five-year jail term for advertisements promoting fair skin. This legal backdrop underscores the court’s stance against discrimination based on skin color.
The Chhattisgarh High Court’s observations go beyond the legal realm, touching upon a cultural and societal issue that has long plagued many communities. The court’s call for changing the dialogue at home is a profound one, urging a shift in societal attitudes and perceptions. It highlights the need for a collective effort to eradicate biases based on skin color, starting from individual households and extending to the broader societal fabric.
In conclusion, the Chhattisgarh High Court’s judgment in this divorce case serves as a critical commentary on the pervasive issue of colorism. It calls for introspection and action to eliminate the bias against darker skin tones and promote a more inclusive and equitable society. The case is a reminder of the legal system’s role in not only adjudicating personal disputes but also addressing broader societal prejudices.
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