Although our Constitution guarantees us equal protection before and and ensures that all are equal in the eyes of law, Gender disparity does exist in the judicial system of India.
Gender as a factor is considered while pronouncing the quantaum of punishments in various criminal cases. An analysis of various Supreme Court cases shows that women play an important in the society. She is also an important unit of family who is expected to followed all the rules, customs and norms and fulfil all her duties towards children, husband and family. So it can be one of the reasons to consider women’s ability of a crime. Other reasons include that either the Court is being too chivalrous, or it doesn’t consider women as strong to commit a crime as men.
In the case of Nirmala Devi v. State of Himachal Pradesh, the accused lady was sentenced to two years of jail whereas thr actual punishment was 10 years imprisonment and a fine, merely on the fact that she had three minor children, and the only care taker of her family.
Recently In case of The State of Govt. Of NCT of Delhi v. Babita and Ors., Delhi High Court set aside the order of trial Court that presumed women couldn’t have committed a crime.
The facts of the case include that the trial Court has framed charges against 10 people, comprising of 5 men and 5 women. But it discharged women only on the grounds them being female and no evidence that they could have instigated male accused. This order was passed inspite of the fact that the victim herself named the women in the FIR along with two witnesses.
The High Court opined that making such assumption are against the principles of equity and justice. Justice Sharma observed, “Our legal system is founded on the principle of gender neutrality, unless and until provided by the law”.
Hence it set aside the order of trial Court and asked it to remand the back.
Gender cannot be ignored completely among others factors but there must be a middle way opted to maintain uniform system for men and women in order to promote and protect the principle of justice and equity.
Written by- Tannu, College- Maharshi Dayanand University, Rohtak, Semester- 3,an intern under Legal Vidhiya
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