In a significant ruling, the Kerala High Court criticized the misogynistic attitudes underlying judgments based on women’s clothing choices, marking a firm stance against gender stereotyping in legal decisions. Justices Devan Ramachandran and M B Snehalatha delivered a sharp rebuke to a Family Court’s decision which denied a mother custody of her children for reasons including her attire and social behaviors post-divorce.
The Family Court had previously ruled against the mother, citing her “revealing dresses,” celebration of her divorce, and presence on a dating app as indicators of unsuitability for custody. The High Court overturned this decision, emphasizing that such criteria stem from deep-seated patriarchal views and do not align with the constitutional values of equality and non-discrimination.
The High Court’s judgment highlighted the broader societal issue of rigid gender roles and expectations that often dictate and restrict women’s choices and autonomy, particularly criticizing the way femininity is often equated with modesty and submission. The bench pointed out that these stereotypes not only perpetuate sexism but also reinforce the glass ceiling, limiting women’s potential and freedoms.
In its ruling, the High Court also addressed the specific allegations made by the woman’s husband in the custody case, which the lower court had accepted without substantial evidence. It was revealed that the husband might have been responsible for creating the dating app account and posting pictures of his wife, further undermining the grounds of the Family Court’s judgment.
The justices stated that no individual should be judged solely on their appearance or lifestyle choices and that clothing, as a form of self-expression, should not be subject to moral policing, especially not by the judiciary. They emphasized that such judgments are unacceptable in a civilized society and highlighted the need for ongoing education and introspection to overcome these outdated notions.
