Supreme Court Condemns Misogynistic Language in Judgments, Upholds Dignity Rights of Women in Void Marriages
Last Updated on February 14, 2025 by Amit Patra
In a judgment upholding gender dignity and constitutional values, the Supreme Court severely condemned the use of derogatory words such as “illegitimate wife” and “faithful mistress” in judicial observations, specifically disapproving a Bombay High Court judgment’s sexist remarks against women in void marriages.
The Bench of Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih took the view that such language constitutes a contravention of the fundamental right to dignity of a woman under Article 21 of the Constitution. The Court noticed specifically that akin derogatory language was noticeably absent while mentioning husbands in void marriages, underscoring judicial sexism in wording.
This ruling was given within the confines of whether permanent alimony can be granted under Section 25 of the Hindu Marriage Act when a marriage has been considered as void. The Court exercised this right but importantly also used this opportunity to clarify clear boundaries concerning judicial use of language. The bench enunciated unambiguously that the usage of such objectionable words goes against constitutional values and ethos.
This ruling is consistent with the Court’s recent anti-gender stereotyping campaign, for instance, publishing a Handbook on Combating Gender Stereotypes. The handbook gives advice to the legal community on how to spot and avoid gender-biased language in legal texts and decisions.
The Court’s firm position is an indication of increasing awareness of the necessity to free judicial processes of gender discrimination, a significant step towards ensuring dignity and respect for women in the judiciary. The ruling creates a precedent for more reflective and just language in subsequent judicial releases.
