Righting a wrong

THERE was an air of inevitability about the Supreme Court setting aside an order of the Calcutta High Court in which the latter had not only acquitted an accused in a sexual assault case but also advised adolescent girls to control their sexual urges. Having taken suo motu cognisance of the contentious verdict, the apex court had said in December last year that while writing a judgment, the judges were not expected to preach or express their personal views. The bottom line is that any ruling should be based on the merits of the case, not the prejudices and perceptions of the judges. After all, the Bench is not a pulpit and should not be treated as one.

It is appalling that a Division Bench of the high court chose to sermonise and went to the extent of saying that ‘in the eyes of the society, she (every female adolescent) is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes’. Reeking of insensitivity, this observation was no doubt objectionable as well as unwarranted. It seems that these judges were blissfully unaware of the Supreme Court’s Handbook on Combating Gender Stereotypes, which was released in August last year. It offers much-needed guidance on how to avoid harmful gender stereotypes, particularly those about women, in judicial decision-making and writing. A bigger push by the SC is needed to ensure that this document is widely circulated and read by various stakeholders in courts across the country.

What’s worrisome is that high courts continue to come up with outrageous statements despite being rapped by the topmost judiciary. In 2017, for instance, the Delhi High Court had shockingly observed that a woman’s feeble ‘no’ may mean ‘yes’. Judges who stoop so low are a disgrace to the judiciary. Amid its welcome intervention in the Kolkata rape-murder case, the SC would do well to lay greater emphasis on gender sensitisation.