Bombay HC Says Law Considers Women As The Weaker Section Of The Society, Hence Prioritises Their Grievances. We Feel Conflicted About This!
There is no denying that women in our country are marginalised and so to prioritize their issues makes sense. But sometimes the way things are said – especially when being called the ‘weaker section’ of the society – takes away from the feeling of empowerment and makes the women feel as if they are not capable enough to protect themselves. Let me try explaining this through an instance. In a recent statement, the Bombay High Court (HC) passed – that is all shades of sexist. The Bombay HC highlighted the fact that women belong to the weaker section of the society that needs protection and therefore, the inconveniences they face need to get prioritised. Really?
On August 17, a Bombay High Court bench consisting of Justice S M Modak was hearing two petitions filed by a woman and her estranged husband. It was then the court said that the law saw women as those belonging to the weaker section that needs to be protected.
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The Bombay HC was hearing the case of a couple from Pune who was going through a matrimonial dispute and had filed two separate court applications – one in Pune and the other one in Thane. The woman who was from Mumbai was seeking to transfer the case to Thane and the husband who was from Pune wanted the case to transfer there.
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Even though the husband told the court that he had custody of their two minor kids and could not travel to Thane, the court ruled in the woman’s favour. As per reports, the Bombay HC said, “The fact that the applicant (wife) is a lady, her inconvenience needs to be given more priority because the law considers woman as a class belonging to the weaker section of society and needs more protection”.
The woman had approached the Bombay HC claiming that while living with her husband, she was ill-treated and was uncomfortable with visiting the same city.
