Justice Surrenders to Feminism

The Supreme Court of India is ideally the protector of the rights of citizens of the country. However, in recent times, even the Hon’ble Chief Justice of India has surrendered to feminism. This is the death of justice, equality and our society.

On March 01, 2021, while hearing the anticipatory bail matter of Mohit Subhash Chavan vs. The State of Maharashtra & Anr., The Hon’ble Chief justice of India, without going into the merits of the alleged offence, asked the accused to marry the alleged victim as if it was a condition to give him relief. Below were his words as reported by the media:

“If you want to marry, we can help you. If not, you lose your job and go to jail. You seduced the girl, raped her,” Without going into merits of the case, without following the due process of the law, how did CJI decide that the accused seduced the girl, raped her? How did CJI conclude that the alleged offence was committed?

It did not take long when outraged feminist groups started bashing the CJI and the supreme court for those remarks. Under feminist pressure, CJI Bobde released his press statement as reported by media:

'Will you marry her' remark taken out of context to tarnish the image of Supreme Court, says CJI Bobde

These statements of CJI that “Supreme court always has the highest respect for womanhood” do not sound favouring Human Rights & Equality. They sound more like pleasing a single-gender while ignoring the other genders. What about Equality? What about Gender Neutrality? What about justice? Does Hon’ble Supreme Court not have respect for justice rather they have the highest respect for just one gender?

After facing outrage by feminists, CJI’s words convey the message that the Supreme Court has an even higher respect for womanhood than natural justice. Being a woman is enough to bypass the due process of law.

Let’s look at the chronology of News Articles, which made lots of noise in India recently:

Date: 02nd March 2021

Date: 04th March 2021

Date: 06th March 2021

Date: 08th March 2021

So, the Timeline is like this:

• 2nd March: CJI asks a Rape accused if he is willing to marry the alleged Rape Victim in a courtroom exchange. CJI clarified on 8th March that the exchange was w.r.t. the Accused being already married and hence can't marry to establish Promise of Marriage or False Promise of Marriage ground.

• 2 days later, on 4th March, the Feminist onslaught (4000 of them) begins asking for the Resignation of CJI for this courtroom exchange. The same Feminists happily kept quiet (and rather promoted), Gujarat ex-Governor calling boys as “rejected maal” or Actress Nandita calling “all men as potential Rapist”. No one demanded the Resignation of Gujarat ex-Governor/CM or didn’t run the campaign #ArrestNandita.

• 2 days later, on 6th March, the Justice itself get a cruel feminist push when CJI, apparently owing to the demand of his resignation 2 days back, just to pacify those feminists, rejects the Bail of a Husband, who is accused of Dowry Harassment by his wife, apparently as a counter-complaint to Husband discovering wife’s act of sharing her nude pictures with multiple people. MATERIAL FACT, the Husband was in SC seeking Bail, he wasn’t convicted yet but the CJI bench, ignored this fact to deny the bail and send the Husband to Jail. Clearly, reaffirms the truth that to be a man and a Husband in India is the biggest threat to life and liberty and as Justice DY Chandrachud has mentioned before, “Constitution is Feminist”. Such a rejection of the bail petition is a clear violation of at least one paper existence of Article 14, 15, 21 of the Constitution of India, goes against the Principal of Natural Justice and is also against the very foundation of the Universal Declaration of Human Rights (UDHR), to which India has acceded.

• 2 days further, on 8th March, CJI issues clarifications about courtroom exchange of the 2nd March news.

So, what are the key takeaways from this chronology?

1. Hon’ble CJI, which is one of the senior-most constitutional position in India, is also easily vulnerable to Feminist onslaught, THEN CAN A NORMAL MAN BE SAFE IN INDIA?

2. Courts, even of the stature of the Hon’ble Supreme Court of India, are guided/misguided as per the whims and fancies of Feminism/Feminists.

3. CRIME HAS GENDER, JUSTICE HAS GENDER, ACCUSED HAS GENDER AND VICTIM HAS GENDER, as per the Hon’ble Supreme Court too (feminists wanted it the same way). Whereas Crime & Accused has MALE gender in India, Justice & Victim are terms, only for Female.

4. Crucifying Male Accused to pacify or satiate feminist’s thirst for male blood, is OK, even in the Hon’ble Supreme Court.

5. Make comments on Men, it is a Joke. Ask Court proceedings related questions w.r.t. to female & then even CJI comes under firing line.

We, at MWT, are grossly concerned with the above chronology as it actually fades away the hope of Justice for the Male gender, right at the Hon’ble Supreme Court of India. Hon’ble Courts are ready to ASSUME A HUSBAND GUILTY, UNTIL PROVEN INNOCENT, based on his Gender. Same Courts are Happy to hear Bail petitions of Female Accused (or even Criminals), with the strongest ground for Bail prayer being, “I am a woman”.

The above sequence of events has shaken the trust, understanding and the very belief of the Male Gender in India, if they will ever have access to Fairness or if the Constitution of India is left with any relevance when it comes to Fundamental Rights or even other Rights of Men.

And last but not the least, INDIA IS STILL CALLED PATRIARCHAL, what Irony!!

The Author Ritwik Bisaria is a senior Men’s Rights Activist and a member of our brother NGO, Men Welfare Trust