Delhi High Court says no insensitive, gender biased comments to be made by Judges

A fast track court in Delhi while giving verdict in a rape case made an insensitive and gender biased comment on the girl saying women in the age group of 19-24 years voluntarily elope with their lovers. This grasped the attention of the Delhi High Court comprising of justices Pradeep Nandrajog and V Kameswar Rao which expunged the two such remarks made by the fast track court and stated that while dealing with cases relating to women, judges should not make gender biased and insensitive comments in their verdicts. The judges took suo motu cognizance of the remarks made by the court's trial judge and said the observations are prima-facie insensitive.

According to the Delhi high court bench, the observations made by the trial while dealing with a case filed by a girl against a man, alleging that he had physical relations with her on the false pretext of marriage, were not based on the evidence on record and it shows that he has used his personal knowledge relating to females while taking the decision. The bench further discussing the dilemma of the women in the Indian society said that women need to be treated with sympathy and care and she should not be made an object to be laughed at, as women are torn apart between her personal ambition and the patriarchal society.

The bench further referred to another observation made by the judge and said the second observation is a preaching as to how girls should conduct themselves in society. It said every person has the liberty to choose the way one wishes to lead his life, and if in the process of choosing the social life which one wants to lead, somebody causes harm, no court can say that the system will not come to your aid, as the person chose a way of life at its own danger. The high court bench took on record the administrative action against the judge and said the observations by the judge are prima-facie insensitive and are capable of influencing the police to take up women harassment cases lightly, resulting in an insensitive investigation and complete evidence not being brought before the court.