Gendered Law- An Open Letter to the Chief Justice of India
The Mathura case has truly been the starting point for understanding the court’s sentiment towards rape cases for the Indian legal education system. Its dependence on character assassination, double standards, and creation of the caricature of a “loose” woman, has brought in light the legal consensus to the patriarchal social structure. As the open letter to the Chief Justice of India states, “Ganpat’s sexual habits give him the benefit of doubt of having ‘raped’ Mathura; her sexual habits make the Court disbelieve the story of the rape altogether!” The power dynamics at play become more prominent when the legal apparatus meant to protect its foul play takes the side of the powerful.
The fact remains that the sexualised nature of a rape trials (leading to degradation of a women’s character more often than becoming a recourse for her) is still apparent. After the Nirbhaya Rape Case and the formulation of Vishaka Guidelines, nothing much has still changed. The argument of submission resulting to consent still persists. The fear of being harassed by policemen in custody still exists. Zero FIRS are still not filed. Women are asked by police constables to file the complaint after they are raped even after disclosing a cognizable case. All of these instances, just make the rules drafted by men to be meant for the “protection” and “upliftment” of women, delivered by the same men, work just in favour for those men. When illustrious female lawyers (Indira Jaisingh), in 2019 need to write letters to the CJI to police their sexism towards her when she is arguing a case, the nature of the deep-seeded misogny within the justice system cannot be overlooked.
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