Five years down from 16th December 2012 and the subsequent struggle highlighting the grip of patriarchy over all wings of the State and over society, little has changed. One aspect under the scanner then was the Judiciary. This year there is sufficient reason to use this day to focus on how the courts of India are keeping alive patriarchal chains on women while even robbing women of hard won rights. On December 16th this year, we should highlight the role of judiciary in defending and perpetuating the patriarchy in the society.
There are examples galore of the way judges at different courts at different levels pass remarks justifying dowry, explaining away beating up of wives by husbands as “correction”, commenting on “misuse of laws” by women to terrorize the in laws and husbands. Women activists in every state can find examples galore of such experiences in the various lower courts in their states and at the level of the High courts. But it is important to see the example set by the highest Court in this regard, because it is followed by the lower judiciary.
Over the past three years, there has been focus on the Supreme Court’s restraint on immediate arrests under Section 498A.… Read More