Gender equality key to combating domestic violence, says Bombay HC Chief Justice

Bombay High Court Chief Justice Upadhyaya said gender equality needed to combat domestic violence; two important legislations exist; discrimination starts from mother's womb; patriarchy has roots in culture; gender stereotypes need to be eliminated; change mindsets. Retired Justice Bhatkar: domestic violence global phenomena; "beta padhao aur beti bachao" instead of "beti bachao, beti padhao"; manhood linked to dominance; attitudinal transformation needed.

Chief justice of the Bombay High Court DK Upadhyaya on September 22 said, “Unless we reach the goal of gender equality we will not be able to combat domestic violence.”

Justice Upadhyaya said, “When we talk about gender equality we have two important legislations, Protection of Women from Domestic Violence, 2005 and Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT), 1994. There is a legal prohibition of sex determination at the prenatal stage but this Act has not been utilised to its potential.”

Justice Upadhyaya was sworn in as the new Chief Justice on July 29 this year and said, “The discrimination starts from the mother’s womb. Then society steps in to discriminate and this is accepted and encouraged. Despite there being legislation that attracts penal action. But not more than 10% of PCPNDT cases come to court.”

He was speaking at ILS Law College, Pune. The event was the launch of ‘Project on Addressing Gender-Based Discrimination’. He said, “Patriarchy has its roots in our culture and we have to eliminate the defined role of a woman in our society. Unless we reach the goal of gender equality we will not be able to combat domestic violence. We have to educate people and make them aware that gender determination is wrong and it not only creates gender inequality but also shelters it. We have to do away with gender based stereotypes and change our mindsets.”

Retired justice of the Bombay High Court, Mridula Bhatkar was also present and said, “domestic violence is not something that takes place only in India but is a global phenomena.” She said, “instead of ‘beti bachao, beti padhao’ (save the daughter and educate her), it needs to be ‘beta padhao aur beti bachao (educate the son and save the daughter)’”

Ms Bhatkar who retired in 2019 said, “The idea of manhood is related to having dominance over women, it can be either mother, wife, sister or daughter and the easiest way is through violence. We have to beat gender bias and need attitudinal transformation.”