Delhi HC: The court must adopt gender neutral approach/Men facing cruelty in marriage is also entitled to same legal safeguards as women

 

In this Court‟s opinion, the hallmark of fair and just justice delivery system is to remain gender-neutral while adjudicating cases of such nature as the present one. In case a woman causes such injuries, a special class cannot be created for her. Crimes involving the infliction of life-threatening bodily injuries must be dealt with firmly, irrespective of whether the perpetrator is a man or a woman since the life and dignity of every individual, regardless of gender, are equally precious.

{Para 22}

23. Moreover, the notion that in marital relationships, only women suffer physical or mental cruelty without exception, may be contrary to the hard realities of life in many cases. Courts cannot adjudicate the cases before them, on the basis of stereotypes.

 24. The empowerment of one gender and protection to it can not come at the cost of fairness towards another. Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. To suggest otherwise would violate the very basic principles of equality and human dignity, and this Court cannot differentiate between genders when it comes to acts of physical violence or causing injuries. Creating a special class of leniency for one gender would erode the foundational principles of justice in cases of life threatening bodily injuries.

25. This case also highlights a broader societal challenge. Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships. Thus, the Courts must recognize the need for a gender-neutral approach to such cases, by ensuring that men and women are treated alike.

  IN THE HIGH COURT OF DELHI AT NEW DELHI

  BAIL APPLN. 262/2025

JYOTI ALIAS KITTU Vs  THE STATE GOVT. OF NCT OF DELHI .

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

Date of Decision: 22.01.2025.

Read full Judgment here: Click here.

Print Page