NEW DELHI: The Supreme Court has called out a Bombay High Court verdict that used misogynistic language against a woman whose marriage was declared void, referring to her as an “illegitimate wife” or “faithful mistress.” The court said the language used had violated the rights of the woman.
“Under Section 21 of the Constitution of India, every person has a fundamental right to lead a dignified life. Calling a woman an illegitimate wife or faithful mistress will amount to a violation of the fundamental rights of that woman under Article 21 of the Constitution of India,” the court said.
“Describing a woman by using these words is against the ethos and ideals of our Constitution. No one can use such adjectives while referring to a woman who is a party to a void marriage. Unfortunately, we find that such objectionable language is used in a judgment of the Full Bench of a High Court. The use of such words is misogynistic. The law laid by the Full Bench of the Bombay High Court is obviously not correct,” the court explained.
According to a Live Law report, the court also observed that such derogatory terms had not been used by the high court for husbands in void marriages. This observation was made by a bench of Justices Abhay S Oka, Ahsanuddin Amanullah, and Augustine George Masih while addressing a reference regarding whether a spouse is entitled to permanent alimony under Section 25 of the Hindu Marriage Act, 1955 (HMA) even if the marriage is declared void.
Supreme Court had recently released the ‘Handbook on Combating Gender Stereotypes’, aimed at helping judges and the legal community identify, understand, and challenge stereotypes about women. The handbook includes a glossary of gender-biased terms and recommends alternative language for use in pleadings, orders, and judgments.