The Delhi High Court emphasized the importance of gender neutrality in ensuring a fair justice system. It highlighted that fairness in law should apply to everyone, regardless of gender. The court stressed that societal biases and stereotypes often harm victims, especially in cases like domestic violence. Justice must be equal and unbiased for true equality.
New Delhi: The Delhi High Court challenged the stereotype that men cannot be victims in domestic relationships, asserting that gender neutrality is essential for a fair justice system.
The court emphasized that serious bodily injury crimes must be addressed firmly, regardless of whether the offender is male or female. It highlighted that while empowering one gender is important, it should not lead to unfair treatment of the other, as men also deserve the same legal protections.
Justice Swarana Kanta Sharma remarked,
“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 victims. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.”
This statement came as the court dismissed an anticipatory bail plea from a woman accused of scalding her husband with boiling water mixed with chili powder. The court argued that crimes resulting in life-threatening injuries demand stringent responses, as the life and dignity of every individual, irrespective of gender, are equally valuable.
It rejected the woman’s request for leniency based on her gender, stating that creating a special leniency for one gender would undermine the fundamental principles of justice in cases involving severe bodily harm.
The court presented a hypothetical situation,
“This court wonders that in case the roles were reversed, and the husband poured boiling water mixed with chili powder on his wife while she was asleep, locked her inside the room and, after doing so, took her phone and fled the spot, leaving their infant child crying beside her, it would have been undoubtedly argued that no mercy should be shown to him.”
The court decided that its judgments should not be affected by any kind of bias, whether obvious or hidden.
Article 14 of the Constitution of India mandates equality before the law and prohibits discrimination, ensuring that justice is delivered without prejudice. The court reiterated that any hidden or overt biases, if allowed to influence judicial decisions, would undermine the core values of fairness and objectivity enshrined in the legal framework.
Also Read: [EXCLUSIVE] Supreme Court Reconstitutes Gender Sensitisation Committee
This principle highlights the judiciary’s commitment to upholding equality and impartiality in every case it adjudicates.
A fair justice system must eliminate biases that may arise due to preconceived notions about gender roles. Gender neutrality ensures that laws, policies, and judicial practices treat individuals as equal stakeholders, irrespective of their gender. For instance, gender-neutral laws in sexual harassment or domestic violence cases would address all victims fairly, preventing discrimination against men or non-binary individuals while still protecting vulnerable groups.
Judges, lawyers, and law enforcement officials must undergo training to recognize and address implicit biases. Moreover, legal provisions must be worded carefully to reflect inclusivity, ensuring that no individual feels excluded or marginalized.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
