Court can’t be blinded by gender stereotypes, says Delhi HC

NEW DELHI: A court’s opinion cannot be blinded by stereotypical perception of any gender or profession and ‘gender-neutrality’ must permeate through every judgment, Delhi High Court said while setting aside an order discharging the husband of a police official of charges of cruelty under the Indian Penal Code.

Justice Swarana Kanta Sharma said the findings of the sessions court was not based on the principles of criminal jurisprudence and fair trial but on an “unjustified perception and bias” that a police officer can never be a victim of domestic violence.

“To harbour assumptions, especially as a judge, that a woman, by virtue of her profession as a police officer, cannot possibly be a victim in her own personal or matrimonial life, is a form of injustice and one of the highest kinds of perversity,” the HC said.

“It is important for the judges to not forget that the idea of being gender neutral while authoring judgments not only means that the terminology employed and words used in the judgment are to be gender neutral but also means that the mind of a judge ought to be free from preconceived notions or prejudices based on gender or profession. The essence of gender-neutrality must permeate through every line of a judgment and a judge must cultivate thoughts that are gender-neutral,” it stated.

The HC also asked the Delhi Judicial Academy to make gender sensitivity part of the curriculum, stating that the principles of justice and equality under the law were overlooked, and undue emphasis was laid on the gender and professional background of the complainant woman.

The court said that in the instant case, both the husband and the wife were working in the Delhi Police but the position of the wife was held against her, while the accused husband was said to have not intimidated his wife on account of his professional position.

The essence of gender-neutrality must permeate through every line of a judgment — Delhi High Court