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Delhi High Court denies pre-arrest bail to woman accused of assaulting husband


Denying anticipatory bail to a woman accused of pouring boiling water mixed with red chilli powder on her husband while he was sleeping, the Delhi High Court on Wednesday said that criminal law is gender-neutral when it comes to life-threatening bodily injuries.

“The hallmark of a fair and just justice delivery system is to remain gender-neutral while adjudicating cases of such nature as the present one,” Justice Swarana Kanta Sharma observed, saying that a special class cannot be created for a woman, in case she causes such injuries.

“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,” the court pointed out.

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, the court noted, adding that courts cannot adjudicate the cases before them, on the basis of stereotypes.

Empowerment of one gender and protection of it cannot come at the cost of fairness towards another. Just as women deserve protection from cruelty and violence, men are also entitled to the same safeguards under the law. To suggest otherwise would violate the very basic principles of equality and human dignity, the Delhi High Court judge asserted as grounds for denying bail to the accused woman.

“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,” said the court’s January 22 judgement.

The high court dismissed the woman’s plea for leniency on the ground of her gender and refused to create a “special class of leniency for one gender”.

“No ground for grant of anticipatory bail is made out,” it maintained.

Published On:

Jan 24, 2025

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