Legal system based on gender neutrality, says Delhi High Court

‘This court is constrained to note that such differentiation was created by the trial court between the ‘male accused persons’ and the ‘female accused persons’

Published: 07th September 2023 09:24 AM  |   Last Updated: 07th September 2023 09:24 AM   |  A+A-

Delhi High Court

Image of Delhi High Court, used for representational purposes only. (File photo)

By Express News Service

NEW DELHI: Observing that gender-based presumptions in favour of women accused go against the core principles of the criminal justice system, the Delhi High Court has set aside a trial court order and remanded the matter back to it for passing an order on charge afresh.

The court said the Indian legal system is founded on the principle of gender neutrality where each individual, regardless of their gender, is held accountable for their actions in accordance with law.

The high court made the observations while holding that the trial court committed a “grave error” by discharging the female accused on the presumption that when the male accused were already beating the complainant there could have been no occasion for them to instigate the men or join them in beating the alleged victim.

‘This court is constrained to note that such differentiation was created by the trial court between the ‘male accused persons’ and the ‘female accused persons’. Such an assumption in favour of a female accused, lacking any substantive basis or valid grounds, goes against the core principles of our justice system, which is predicated on the objective assessment of facts rather than preconceived notions,’ Justice Swarana Kanta Sharma said.

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