India needs to rid its justice system of gender injustice

We must go by constitutional principles and not let societal attitudes dictate the delivery of justice

- POONAM MUTTREJA

In recent weeks, we have witnessed a series of judicial pronouncements that reflect deeply ingrained social attitudes towards women's choices. The Allahabad high court denied police protection to a consenting interfaith couple that had married against their families' wishes. In a separate case of rape, the same court made such insensitive remarks that the Supreme Court was compelled to intervene.

These point to a larger issue: the law in India too often mirrors society's prejudices, rather than upholding constitutional ideals of equality and autonomy. Whether in the courtroom or the community, the agency of women continues to be questioned, regulated and restricted.

The Allahabad high court's refusal to grant police protection to the couple, despite their status as consenting adults, was rationalized on the grounds that the woman's decision was "hasty" and unlikely to result in a "peaceful, meaningful life." This not only disregards her right to make personal choices, it reinforces a paternalistic belief that institutions can and should determine when a woman is capable of consent. The court's language invoked social harmony, but what it really reflected was discomfort with autonomy that challenges tradition.