The Delhi High Court has ruled that just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law.
Justice Swarana Kanta denied anticipatory bail to a wife who poured boiling water mixed with chilli powder on her husband resulting in burn injuries to him. She sought a lenient view in the case on the ground of being a woman.
Observing that empowerment of one gender and protection to it cannot come at the cost of fairness towards another, the Court said it cannot differentiate between genders when it comes to acts of physical violence or causing injuries.
The Court said that creating a special class of leniency for one gender would erode the foundational principles of justice in cases of life threatening bodily injuries.
“This case also highlights a broader societal challenge. 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 a victim,” the Court said.
It added: “Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships. Thus, the Courts must recognize the need for a gender-neutral approach to such cases, by ensuring that men and women are treated alike.”
Rejecting the anticipatory bail plea, the Court noted that the victim husband disclosed in his statement that the wife had filed a false rape case against him and under threat, he had got married to her.
It further said even though the wife claimed that it was hwr who was being tortured and harassed by the husband and his family members, no complaint was lodged against them by her.
Rejecting the wife’s argument of taking a lenient view in the case, the Court said that the injuries caused to the body – whether of a man or a woman – cannot be categorized differently based on gender.
“While dealing with this argument, this Court wonders that in case the roles were reversed, and had the husband poured boiling water mixed with chilli powder on his wife while she was asleep, would have locked her inside the room, after doing so, would have taken her phone and had fled away from the spot, leaving their infant child crying beside her, it would have been undoubtedly argued that no mercy should be shown to him. However, the Courts cannot let hidden or apparent biases guide them while deciding cases even when arguments full of hidden biases are presented before them,” the Court said.
It added that the notion that in marital relationships, only women suffer physical or mental cruelty without exception, may be contrary to the hard realities of life in many cases.
Courts cannot adjudicate the cases before them, on the basis of stereotypes, it said.
Title: JYOTI ALIAS KITTU v. THE STATE GOVT. OF NCT OF DELHI
