Sunday , December 22 2024

Delhi News: Delhi High Court overturns and quashes the order acquitting husband

Recently, the Delhi High Court, while hearing a case, said that a female policeman can also be a victim of domestic violence and the court should not turn a blind eye to gender-based traditional notions associated with any profession. The Delhi High Court had also quashed the order acquitting the husband of a woman police officer of the charge of cruelty under IPC section. Justice Swarnkant Sharma said that the order passed by the sessions court was not jurisprudence based on the principle of fair trial. He also said that the order passed by the Sessions Court was based on the unjustified assumption that a (woman) police officer can never be a victim of domestic violence. The High Court said in its order, 'It is unfair and wrong for a judge to believe that a woman police officer cannot suffer in her personal or marital life because of her profession.'

Both husband and wife were officers in Delhi Police.

The court said that in this case both husband and wife were working in Delhi Police. But the Sessions Court considered the wife's position against her and, on the contrary, held that because of the husband's professional position, the husband would not have intimidated or threatened his wife. The main duty of judicial academies is to ensure that judges do not expose litigants to gender bias. It is essential that the judge be free from hidden notions or prejudices. It is necessary that the court writes judgments with a view to impartiality, fairness and equality. Every woman, regardless of her background, deserves equal respect, recognition and access to legal protection. This idea also applies to men.