Legal system based on gender neutrality, says Delhi High Court

‘This court is constrained to note that such differentiation was created by the trial court between the ‘male accused persons’ and the ‘female accused persons’

NEW DELHI: Observing that gender-based presumptions in favour of women accused go against the core principles of the criminal justice system, the Delhi High Court has set aside a trial court order and remanded the matter back to it for passing an order on charge afresh.

The court said the Indian legal system is founded on the principle of gender neutrality where each individual, regardless of their gender, is held accountable for their actions in accordance with law.

The high court made the observations while holding that the trial court committed a “grave error” by discharging the female accused on the presumption that when the male accused were already beating the complainant there could have been no occasion for them to instigate the men or join them in beating the alleged victim.

‘This court is constrained to note that such differentiation was created by the trial court between the ‘male accused persons’ and the ‘female accused persons’. Such an assumption in favour of a female accused, lacking any substantive basis or valid grounds, goes against the core principles of our justice system, which is predicated on the objective assessment of facts rather than preconceived notions,’ Justice Swarana Kanta Sharma said.

Liquor scam: Benoy Babu’s bail extended

The Delhi High Court Wednesday extended the interim bail of liquor giant Pernod Ricard’s executive Benoy Babu, facing prosecution in a money laundering case related to the alleged Delhi excise policy scam, on ‘humanitarian grounds’. Babu, who is out on interim bail and had to surrender by September 9, told the court that his minor daughters have been suffering from depression for the last few months and prayed for his interim bail to be extended.

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