At a time when the court of law is expected to be sensitive and neutral to all and bring a positive change in the society, a sexist remark by the Patna High Court (HC) about “no need to put on makeup” for a widow has stirred up controversy. So much so that the Supreme Court criticised the Patna HC for its comment on September 25, and instead called it “highly objectionable”.
The incident occurred when the SC was hearing an appeal by seven people who were accused of murder and convicted by both the Trial Court and later by the Patna HC. The seven people were accused of abduction and murder of a woman in 1985, allegedly to obtain a house which belonged to her father.
What caused the controversy?
The Trial Court had initially convicted five of the seven men on charges of abduction and murder, and it had acquitted two men of all charges. When the accused appealed to the HC, it upheld the decision on the five people who were convicted of murder. Meanwhile, it also convicted the other two, who were earlier acquitted, on charges of abduction and murder of the victim.
As per reports, no concrete evidence was found that the victim was abducted from the particular house on the fateful day; it was only the late victim’s brother-in-law who had alleged that she was living there. Meanwhile, after the incident when an investigating officer (IO) checked the premises he could only find some make-up from the room. It was also recorded that another woman, a widow, used to live there. However, instead of not considering this an incomplete evidence of the victim living in that house, the HC instead assumed and said that the victim would have lived there as there was “no need to put on makeup” for a widow. Based on this, the HC had convicted all seven people accused of abduction and murder of the woman.
Now, hearing a plea by the seven accused, the SC took objection to the Patna HC’s ‘Widow Make-Up‘ comment and called it “highly objectionable”. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma said, reported LiveLaw, “In our opinion, the observation of the High Court is not only legally untenable but also highly objectionable. A sweeping observation of this nature is not commensurate with the sensitivity and neutrality expected from a court of law, specifically when the same is not made out from any evidence on record.”
The SC also acquitted all seven accused in the case.
What are your views on Patna HC’s remark about no use of make-up for widows? Do you think they were right or was it a very sexist remark, which questions our society’s morals? Tell us in the comment box below.