Indian Judiciary and judgment related to women.

Indian judiciary have always been looked with the eyes of respect, it has been viewed by some as the most progressive system of  independent India which has been by time to time broken the social barrier of the Indian patriarchal society and has given way to women to come forward and be a active part of the society, It efforts does seem to go in vain either as the representation of women working in India  stands as 21% which seems to be low by percentage value but is far greater in sheer number as the number stands tall at 132 million.

But still after all this positive changes judiciary still has the perspective which is not good against the women as in several cases rather than  going by the legality and facts of the case judiciary has also shown its bias among women by statement made by court in Bhanwari devi case are as shocking as they sound –“Men of different caste cannot participate in rape “ and “ Village head cannot rape” these observation made the judgment dubious and shocked the working Indian women ,till date the accused have not been prosecuted and 2 of them are already dead. The aftermath led to vishaka guidelines in 1997. The case is not the only one where women are treated with bias in the case of Suraj kasarkar vs. State of maharastra the judge said- “it seems highly impossible for single man to gag survivor mouth, remove her and his clothes , and perform the forcible sexual act without scuffle” the statement by itself is shifting burden of proof from suraj to the survivor which can never be justified in court of law. The section 7,12 of the POSCO act never played a major role in India as posco related cases have only 19.5%  conviction rate which in itself creates more question on the act being a success or foul story in itself.

The mere fact that there has never been a women chief justice says a lot about judiciary. The high courts have gone to lengths and bound to demean the women by making vague and unjustified statement from judging character to defining how should a women act , these show how judges personal prejudices and notion became part of the judgment and derailed the judiciary approach toward women in general. Women consent never made an epic role in Indian society and same is shown by Judiciary in its judgment , as till date marital rape is not a crime in India.

It not all dark as there are some judgment that show there are still hope in judiciary like judgment of Rupal deo Bajaj v. Kps  Gill where kps gill still being high profile officer was convicted of sexual harassment by court the court set aside its prejudices and notion gave judgment on facts convicting K.P.S GILL.Same was in the case of S.P.S.RATHORE v. CBI{2016} which is also known as  Ruchika Girhotra case here as well I.G.P RATHORE  was convicted. The judiciary bias still shows how dark can judiciary be but as we move forward there is still hope with above mentioned judgment it will change for better.

Aishwarya Says:

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