Has Patriarchy gone so deep rooted in our society that certain male chauvinists have taken the responsibility of deteriorating what is more vicious prevailing in our society.
In the pretext of CJI SA Bobde’s statements in two cases, In the first one, he asked a man accused of rape in a relationship with a 16-year-old, whether he was willing to marry the complainant. The man faces accusations of rape, cheating and criminal intimidation, besides charges under the stringent Pocso Act designed to prevent exploitation of children.
In another case, Bobde asked if a man’s sexual conduct, however brutal, could attract rape charges if it was made by his victim has stirred the hornet’s nest.
A group of more than 4,000 women’s rights activists, progressive groups and concerned citizens have written an open letter to Chief Justice of India S.A. Bobde, saying that he must resign for asking a rapist to marry his schoolgoing victim and justifying marital rape in the Supreme Court.
How can he give a chance to an accused if he has sexually exploited a minor and asking for a proposal that can legitimize his devilous act of raping a minor inspite of the fact that he has committed a crime that demands stringnent punishment under the pocso act.
CJI is a consecrated post under the Supreme Court that is the ultimate guarantee of the fundamental rights mentioned in our constitution and the Court in the case of Javed vs. State of Haryana held that the fundamental rights have to be read with fundamental duties which are provided in Article 51A. They can’t be read in isolation.
Does it means that CJI Bobde has forgotten that there is a fundamental duty of each citizen of our country to refrain himself from any act that is derogatory to the dignity of women.
We the people expects urbanity and sophistication from such erudites that hold towering posts but the uncouthness and patriarchy is so deep rooted that compel us to believe that there is dereliction of duty from them also otherwise SA Bobde would not have forgotten that he is smothering the Right to life with dignity of a minor under the Art 21 of our constitution.
Your words have stigmatised and degenerated the authority of the court. From the mammoth height of the post of the CJI of the Supreme court, it has sent a clear message to the other courts, police and law enforcing agencies that justice is not a constitutional right of women in India.This will only result in silencing the rape victim and to the rapist it sends the message that marriage is a license to rape and by obtaining that license they can post facto decriminalise and legitimise their vicious act.
It fills us with rage that women bear the burden of having to explain the meaning of ‘seduction’, ‘rape’, and ‘marriage’ even to the Chief Justice of India, who holds the power and duty to interpret the Constitution of India and sit in judgement.