Women’s Day Special: Eight instances where the courts have let women down
By Team Legistify / 2017-03-10

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While courts in India have consistently been venturing towards becoming more progressive, there have been a few instances where they have clung to ghosts of patriarchy past. This often reflects though their judgments, some of which might be extremely difficult to place in the present day.

Many a time, the courts have failed to take a victim-centric approach in cases relating to women. And in some of these cases, though the courts have delivered legally sound decisions, they have ended up making comments on women which, well, could have been avoided, to say the least.

This Women’s Day, we look at eight judgments where the courts did not live up to their stature when it came to women.

  1. Tukaram vs. State of Maharashtra

In September 1979, a Supreme Court Bench of Justices Jaswant Singh , PS Kailasam and AD Koshal reversed a High Court ruling and acquitted the policemen accused of raping a minor in their custody. The Bench held that Mathura had raised no alarm, and that there were no visible marks of injury on her person, thereby suggesting no struggle. Therefore, it was held that no rape could be said to have been committed.

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