Mar 21, 2025

INDIA EDITION

When Indian Courts Uphold Patriarchy: A Case of Judicial Misogyny

When Indian Courts Uphold Patriarchy: A Case of Judicial Misogyny

When Judges Echo Patriarchy; How Casual Misogyny in Indian Courtrooms Normalizes Gender Bias

When Judges Echo Patriarchy; How Casual Misogyny in Indian Courtrooms Normalizes Gender Bias

India

India

Written By

Written By

Zara Fernandes

Zara Fernandes

Published

Published

Mar 8, 2025

Mar 8, 2025

Indian society is deeply entrenched in patriarchy—so much so that many of us unknowingly internalize its toxicity while putting on a progressive front, even claiming atheism to distance ourselves from outdated values.

But while some mask their biases, others wear them proudly, making no effort to disguise their regressive mindset. Recently a pune judge displayed his low integrity in some off handed remarks.A disputes lawyer in Pune, Ankur R Jahagirdar, recounted this incident through a LinkedIn post which is now in wide circulation on social media:

“Recently, I was in a courtroom where I witnessed the following scene: A couple in a DV matter appeared before a judge for mediation. They’d separated a while ago and the judge was encouraging them to resolve their dispute amicably".

However, in the course of the mediation, the judge said to the woman:

“I can see that you are not wearing a mangalsutra and bindi. If you don’t behave like a married woman, why would your husband show any interest in you?”.

In one of my own matters, during mediation, a sessions judge said to my client who is a woman (likely a comment based on her maintenance demands):

“If a woman is earning well, she will always look for a husband who earns more than her and will never settle for someone who earns less. However, if a man who earns well is looking to marry, he might even marry a maid who washes utensils in his house. Look how flexible men are. You should also show some flexibility. Don’t be so rigid.”

I didn’t like these comments. But what I didn’t like more is that neither the client nor an onlooker such as myself really had any proper recourse against such off-hand remarks made by judges.

This is also the tip of the iceberg. There is a lot more that happens in the district courts that would shock the conscience of any rational thinking educated person. Unfortunately, I think our society has a baseline tolerance for some outrageous things.

Why it is this way is obvious - the first rule of patriarchy club is you do not talk about the patriarchy club In the same post, Ankur shared another troubling case from his experience. During a mediation, a sessions judge advised his client—a woman—to show “some flexibility.”

The remark was seemingly tied to her maintenance demands. He quoted the judge as saying, “If a woman is earning well, she will always look for a husband who earns more than her and will never settle for someone who earns less.

Indian society is deeply entrenched in patriarchy—so much so that many of us unknowingly internalize its toxicity while putting on a progressive front, even claiming atheism to distance ourselves from outdated values.

But while some mask their biases, others wear them proudly, making no effort to disguise their regressive mindset. Recently a pune judge displayed his low integrity in some off handed remarks.A disputes lawyer in Pune, Ankur R Jahagirdar, recounted this incident through a LinkedIn post which is now in wide circulation on social media:

“Recently, I was in a courtroom where I witnessed the following scene: A couple in a DV matter appeared before a judge for mediation. They’d separated a while ago and the judge was encouraging them to resolve their dispute amicably".

However, in the course of the mediation, the judge said to the woman:

“I can see that you are not wearing a mangalsutra and bindi. If you don’t behave like a married woman, why would your husband show any interest in you?”.

In one of my own matters, during mediation, a sessions judge said to my client who is a woman (likely a comment based on her maintenance demands):

“If a woman is earning well, she will always look for a husband who earns more than her and will never settle for someone who earns less. However, if a man who earns well is looking to marry, he might even marry a maid who washes utensils in his house. Look how flexible men are. You should also show some flexibility. Don’t be so rigid.”

I didn’t like these comments. But what I didn’t like more is that neither the client nor an onlooker such as myself really had any proper recourse against such off-hand remarks made by judges.

This is also the tip of the iceberg. There is a lot more that happens in the district courts that would shock the conscience of any rational thinking educated person. Unfortunately, I think our society has a baseline tolerance for some outrageous things.

Why it is this way is obvious - the first rule of patriarchy club is you do not talk about the patriarchy club In the same post, Ankur shared another troubling case from his experience. During a mediation, a sessions judge advised his client—a woman—to show “some flexibility.”

The remark was seemingly tied to her maintenance demands. He quoted the judge as saying, “If a woman is earning well, she will always look for a husband who earns more than her and will never settle for someone who earns less.

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