High Court of Kerala.
Judging women based on how they dress or expecting them to feel sad after divorce reflects anti-women bias and gender stereotypes, the Kerala High Court said on Friday. A bench of Justice Devan Ramachandran and Justice MB Snehlatha made the comments while rejecting the family court order. In this case, a mother was denied custody of her child.
The Family Court refused to grant custody of the children to the woman on a number of grounds. She is said to have worn provocative outfits to celebrate her divorce. He has an account on a dating app. Meanwhile, the Kerala High Court disagreed with the findings and arguments of the family court. It was also rejected saying it is our constitutional duty to decide the case as per our discretion and jurisdiction.
“Patriarchy and prejudice are deeply ingrained in society”
The High Court said the court should not be suspected of being guilty of any form of misogyny or sex discrimination. While granting protection to the mother, the court also kept this wish of the children in mind. The child said he wanted to live with them full-time and was preparing to meet his father during the holidays. The High Court said the cases raised awareness of “the deep roots of patriarchy and prejudice in society”. These guide our thoughts and actions.
“It is unfortunate that we continue to follow this practice unknowingly, which of course requires continuous education and deep introspection,” the bench said. The bench said society consciously or unconsciously limits women’s autonomy and tests them. choice. They should follow certain standards, including choice of clothing.
“This unwritten norm ultimately fosters gender discrimination and creates obstacles for women,” the court said. In this regard, control is in the hands of men. Unfortunately, over time, “dress codes” can affect women throughout their lives. Describing women’s clothing as provocative and teaching them morals has been a positive hindrance in life since their school days.
It’s unfair to judge a woman based on her clothes – HC
Citing the family court, the high court said a lower court had declared the mother guilty of corruption. Because the husband claimed she was wearing provocative clothing. She posted photos of herself on dating apps. The judge said: “We believe that the Family Court’s findings are actually incorrect.” Nonetheless, it is necessary to remind us that clothing is a form of self-expression, or an expression of a general sense of aesthetics and a person’s identity. part of.
The high court said, “In any civilized society, it is inexcusable and unfair to judge a woman solely on the basis of her attire or draw conclusions based on her decency.” The judge said a woman’s choice of clothing is her own choice and morality cannot be imposed or evaluation, especially of the courts.
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The judge said the constitution gives equal rights to everyone without any gender discrimination. It is unfortunate that he made such remarks at a time when the country is celebrating the 75th anniversary of the Constitution. The court also said that sexist remarks made by family courts such as that women should be submissive and obedient, and that women should feel sad when divorced, were unacceptable.
