The Delhi High Court emphasized that men can also face cruelty in marriages and deserve equal legal protection. This was highlighted in a case where a woman allegedly inflicted severe injuries on her husband by pouring boiling water mixed with chili powder, then fled the scene. Rejecting leniency based on gender, the Court stressed the importance of fairness and equality in justice for all.
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NEW DELHI: The idea that only women face physical or mental abuse in marriage may not always reflect the truth, as highlighted recently by the Delhi High Court.
Justice Swarana Kanta Sharma noted that men too can be victims of cruelty in marriages and deserve equal protection under the law.
“The notion that in marital relationships, only women suffer physical or mental cruelty without exception, may be contrary to the hard realities of life in many cases,”
-the judge remarked.
This observation was made while hearing the anticipatory bail plea of a woman accused of pouring boiling water mixed with chili powder on her husband, causing severe burn injuries. The woman sought leniency, citing her gender.
However, the Court dismissed this as a gender-biased argument.
“Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. To suggest otherwise would violate the very basic principles of equality and human dignity,”
-the Court emphasized.
The Court stressed that granting leniency to women purely based on gender undermines justice. It stated that fairness and equality are fundamental to the legal system and cannot be compromised.
“In case a woman causes such injuries, a special class cannot be created for her. Crimes involving the infliction of life-threatening bodily injuries must be dealt with firmly, irrespective of whether the perpetrator is a man or a woman since the life and dignity of every individual, regardless of gender, are equally precious.”
The Court also shed light on the challenges men face as victims of abuse by their wives.
“Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships,”
-the Court stated.
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In the case at hand, the husband had earlier filed a police complaint, alleging that he was forced into the marriage under the threat of a false rape case. He also discovered that his wife had previously married multiple men and filed similar false allegations against them. Additionally, he learned that she had a child from a previous marriage.
The incident occurred on January 1, when the wife allegedly poured hot water mixed with chili powder on her husband while he was asleep. She then locked the room, leaving the badly injured husband and their three-month-old daughter inside, before fleeing the scene with his mobile phone to prevent him from seeking help.
The woman claimed she was harassed by her husband, leading to an altercation. However, the Court noted that she provided no valid explanation for her actions, such as why she fled with his phone after causing such injuries.
“The husband, writhing in unbearable pain from the burn injuries, was rendered helpless and unable to seek medical assistance due to the acts of the accused. The intent to cause grievous harm or even death is apparent from the circumstances,”
-the Court observed.
The Court denied taking a lenient approach toward the accused woman, emphasizing that pain and trauma are the same regardless of gender. It stated that if the roles were reversed, the argument for leniency would not be entertained.
“Therefore, it would amount to perversity of justice if, in cases where a woman causes such grievous injuries to a man, she is treated with leniency solely on account of her gender, despite the seriousness of the offence,”
-the Court said.
The accused argued for bail, citing the need to care for her three-month-old child. However, the Court rejected this, highlighting that she had abandoned the child with her injured husband while fleeing.
“Considering the overall facts and circumstances of the case as well as the fact that the applicant herein has failed to join investigation, the recovery of the phone of the victim is to be effected along with the need to confront her with the documents mentioned in the complaint, considering also the nature of injuries and the manner in which the injuries were caused, no ground for grant of anticipatory bail is made out,”
-the Court ruled.
Advocates Shashi Bhushan Jha and Aarti represented the accused woman, while Additional Public Prosecutor Naresh Kumar Chahar appeared for the State.
CASE TITLE:
Jyoti Alias Kittu Vs. The State Govt. of NCT of Delhi.
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