Target judicial patriarchy, not the judge (The Hindu, GS-2 governance)

10 Mar Target judicial patriarchy, not the judge (The Hindu, GS-2 governance)

• • Issue: Remarks of CJI in a disposition of RAPE case wher he asked the accused to do marriage with the victum.
  • Background
    • Thomson Reuters Foundation in 2018
      •  rated Indian as the most dangerous country for women.
    • National Crime Records Bureau report (2019) NCRB date\
      • 32,032 rapes were reported in 2019 
    • Section 165 of Indian Evidence Act gives powers to judges
      • to ask any question.

• What is real issue

• • • It reflects the patriarchal mindset of our judges and the larger society.
  • J.S. Verma Committee (2013)
    • constituted after the Delhi gang rape (2012)
    • Said rape should be viewed not as an infringement of a woman’s chastity or virginity but a violation of her bodily integrity and sexual autonomy. 
  • It is not the 1st instance where judiciary has said something absurd, it is repeating
    • Bombay High Court had ordered that breaking a promise of marriage is neither cheating nor rape. 
  • The Bhanwari Devi case
    • Rajasthan court gave absurd reasons such as a higher caste man cannot rape a lower caste woman for reasons of purity.
  • the Guwahati High Court 
    • refusal of applying sindoor (vermilion) and wearing conch shell bangles (shaka) as sufficient basis to grant divorce to the husband. 
  • Narendra vs K. Meena (2016)
    • a wife on marriage is supposed to fully integrate herself with her husband’s family and that if she refuses to live with her in-laws, it would amount to cruelty.

• What must be way forward

• • Gender sensitivity to society.
  • Morality in school, family etc.
  • Law must make people abide and people must abide by the law.

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Swarn Singh

Plutus IAS Current Affair Team Member