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Gender-neutral approach a need in physical violence cases: Delhi high court

Jan 24, 2025 05:52 AM IST

This observation came in a case where a woman was accused of pouring boiling water mixed with chili powder on her husband

The Delhi high court has emphasised the need for a gender-neutral approach in cases involving physical violence, underscoring that leniency based solely on gender undermines equality and human dignity.

Delhi high court. (HT Archive)
Delhi high court. (HT Archive)

This observation came in a verdict delivered on Wednesday in a case where a woman was accused of pouring boiling water mixed with chili powder on her husband, causing severe burn injuries. Seeking anticipatory bail, the woman argued for leniency on the basis of her gender.

But the court rejected this plea. Justice Swarana Kanta Sharma, in her ruling, stressed the importance of recognising male victims of domestic violence. “This case highlights a broader societal challenge. Men who face violence at the hands of their wives encounter unique hurdles, including societal disbelief and stigma. Stereotypes perpetuating the belief that men cannot be victims of domestic violence must be dismantled. Courts must adopt a gender-neutral approach to ensure fairness,” the bench said.

The court said that the empowerment of one gender cannot come at the expense of fairness to another. “Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law. Creating a special class of leniency for one gender, particularly in cases of life-threatening bodily injuries, would erode the foundational principles of justice,” it observed.

In her petition, the accused claimed she was falsely implicated and was herself a victim of domestic violence. However, the Delhi police argued that the evidence suggested a premeditated attempt to kill her husband.

Rejecting the anticipatory bail plea, the court pointed to the gravity of the allegations and the severity of the injuries. “Considering the nature of the injuries, the manner in which they were inflicted, and the applicant’s failure to cooperate with the investigation, no grounds for anticipatory bail are made out,” the court stated in its 11-page order. It also highlighted the need to recover the victim’s phone and confront the accused with documents mentioned in the complaint.

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