The Madras High Court recently addressed the issue of moral policing, emphasizing its detrimental impact on women's fundamental rights, particularly under Article 21 of the Indian Constitution. Justice L. Victoria Gowri highlighted that such practices often lead to the social ostracization of women and, in extreme cases, drive them to suicide. The court noted that moral policing, especially in rural areas, infringes upon women's dignity and liberty, which are protected under Article 21. The court also referenced international conventions, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Covenant on Civil and Political Rights (ICCPR), which mandate the protection of individuals from arbitrary interference with privacy, honour, and reputation.
The case before the court involved a petition challenging the refusal of the Principal Sessions Judge in Theni to cancel the bail of a man accused of locking a woman's house from outside while she was inside conversing with another man. This act led to rumours of an illicit relationship, tarnishing the woman's reputation in the village and contributing to her eventual suicide. The accused had been arrested but was granted bail after eight days. The deceased's mother filed an application to cancel the bail, which was rejected by the trial court, prompting her to approach the High Court.
The state informed the court that the accused had been charged with offences under Sections 127(2) (wrongful confinement), 296(b) (obscene acts and songs), and 108 (abetment of suicide) of the BNS. The accused had undergone eight days of judicial custody, and the trial court had exercised discretion in granting bail. The accused submitted that he was complying with all bail conditions and that there was no allegation of misuse of liberty. It was argued that bail, once granted, should not be cancelled unless there were supervening circumstances.
While the High Court did not find any infirmity with the trial judge's order, it opined that the conditions of bail should be strengthened and strictly monitored. The court directed that the condition requiring the accused to appear before the police twice daily would continue for one year. This prolonged compliance was intended to instill discipline and serve as a deterrent against further acts of moral policing. The court's decision underscores the importance of safeguarding women's dignity and liberty, reinforcing the constitutional and international obligations to protect individuals from such regressive practices.
0 Comments
Thank you for your response. It will help us to improve in the future.