Gender Specific Laws Not "Anti-Opposite Gender", Only Meant To Address Unique Issues Faced By A Particular Gender: Delhi High Court

In an attempt to strike a “neutral chord”, the Delhi High Court has explained how courts should deal with “gender-specific laws” and remain “gender neutral”, while emphasizing that the approach should not be biased towards a particular gender in such cases. To repeat, it is crucial to recognize that gender-specific laws are not meant to be "anti-opposite gender" but rather serve the purpose of addressing unique issues faced by a particular gender,” Justice Swarana Kanta Sharma ruled. The court further observed that existence of a gender-specific legislation does not empower courts to “relax the golden principle of availability of sufficient material on record at the stage of framing of charge.” It added that the foundation of any legal proceeding, regardless of the specific gender it relates to, rests on the “availability of adequate evidence and adherence to due process of law.” In essence, gender specificity should not compromise the fundamental principles of fairness and justice, the court said. Justice Sharma made the observations while setting aside a trial court order framing charges against a man for outraging modesty of a woman employee by using vulgar language against her and calling her a “gandi aurat.” Observing that Section 509 of the Indian Penal Code, 1860, does not inherently introduce a presumption in favour of women, Justice Sharma said it is essential for courts to apply principles of charge and discharge objectively without being unduly influenced by the fact that the provision is gender-specific.