'Dark-Skinned Women Portrayed As Under Confident, Insecure': Chhattisgarh HC Urges Human Race To Eradicate Skin Color Bias
The Chhattisgarh High Court has recently held that the entire society of the human race needs to change dialogue at home so as to ensure discrimination based on 'skin colour' can be eradicated.While deciding a matrimonial dispute, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari took note of abuses that were hurled at the wife by the husband for being a...
The Chhattisgarh High Court has recently held that the entire society of the human race needs to change dialogue at home so as to ensure discrimination based on 'skin colour' can be eradicated.
While deciding a matrimonial dispute, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari took note of abuses that were hurled at the wife by the husband for being a dark-skinned lady and called upon the human race to change such mindset and observed:
“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin. Therefore, the incentive cannot be given to a husband to promote such mind set of the society for preference of light skin over a dark.”
The Court was hearing an appeal filed by a husband challenging the judgment and order of the Family Court, Balodabazaar whereby the application preferred by the husband for divorce was rejected.
The husband alleged that the wife deserted him and did not come back to join the conjugal company despite serious efforts. He also stated that after deserting him without any reason, the wife has filed an application under Section 125 of the CrPC claiming maintenance.
However, on the other hand, the wife pleaded that she was subjected to torture by the husband and she was driven out of her matrimonial home. She further alleged that abuses were hurled at her by her husband ridiculing her for her dark skin colour. She also complained that the husband physically assaulted her when she was pregnant and wanted to remarry.
Court's Observations
After hearing the witnesses for both sides and evaluating the evidence produced by both parties, the Court was of the view that the reasons assigned by the wife to leave the company of her husband seemed more logical as she had come up with the plea that her husband wanted to desert her for her dark skin colour.
The Court referred to a study which indicated that people prefer having fair/light-coloured partners. Further, highlighting the social maladies which a dark-skinned woman faces, the Court observed:
“Dark skinned were rated lower than their highly competent light-skinned counterparts and the majority of skin-lightening cosmetics target women. They are likely to portray a dark-skinned woman as an under confident and insecure person who is unable to secure success in life until someone suggests the use of a fairness cream.”
The Court, significantly, called upon the entire human race to change dialogues at home so as not to promote skin-colour-based discrimination and ensure people with dark skin colour are not ridiculed or discriminated against.
Accordingly, the Court was of the view that no husband can be given leeway to part company of his legally wedded wife only because he does not like her for her dark skin colour. Thus, it held that no ground of cruelty could be made out which would entitle the husband to get a divorce from his wife.
Resultantly, the appeal was dismissed.
Case Title: Rewaram Verma v. Smt. Premkumari Verma
Case No: FA (MAT) No. 150 of 2022
Date of Judgment: November 22, 2023
Counsel for the Appellant: Mr. Sumit Shrivastava, Advocate
Counsel for the Respondent: Mr. Md. Ruhul Ameen Memon, Advocate