Gender-Based Assumption In Favour Of Female Accused Without Valid Ground Goes Against Core Principles Of Justice System: Delhi High Court

The Delhi High Court has observed that gender based assumptions in favour of a female accused, without any substantive basis or valid grounds, goes against the core principles of our justice system.

“Our legal system is founded on the principle of gender neutrality, unless otherwise provided, where each individual, regardless of their gender, is held accountable for their actions in accordance with the law. Presumptions based on gender have no place within this framework, unless provided by law, as they undermine the pursuit of truth and justice,” Justice Swarana Kanta Sharma said.

The bench added that involvement of each individual in a criminal act has to be assessed independently, based on the statements recorded and evidence collected by the prosecution and placed on record before the court for consideration.

“Learned Registrar General of this Court is also directed to forward a copy of this judgment to all the District and Sessions Judges of Delhi who shall ensure the circulation of this judgment among all the Judicial Officers in their Courts. A copy be also forwarded to Director (Academics), Delhi Judicial Academy for taking note of its contents,” the court ordered.

The court made the observations while dealing with Delhi Police’s revision plea challenging an order passed by the trial court discharging four female accused in a kidnapping case.

While the trial court framed charges against five men, it discharged the female accused persons on the ground that there was no evidence that they instigated the male accused persons who were already armed with different weapons.

Justice Sharma observed that the trial court committed a grave error by discharging the female accused persons on the basis of assumptions which were not permissible at the stage of framing of charge.

“It is crucial to note that the learned Trial Court has on its own presumed and assumed that when the "male members" were already beating the complainant there was no occasion for the "lady members" to instigate them and to join them in beating the victim. This Court is constrained to note that such differentiation was created by the learned Trial Court between the "male accused persons" and the "female accused persons",” the court said.

Furthermore, the court observed that in the absence of any specific reasons for discharging the female accused at the stage of framing of charges, any gender based presumption made by the Trial Court did not have any ground in view of the specific allegations against them that they had beaten the complainant with fists and kicks.

Setting aside the impugned order, Justice Sharma remanded the matter back to the trial court for passing an order on charge afresh qua the female accused persons in accordance with law.