Supreme Court cites everyday patriarchy to uphold man’s conviction for killing wife

“Dowry is outlawed and has been for decades but the social legitimacy that sustains it is yet to be dismantled. Welfare schemes can incentivize education, but cannot alter long-held beliefs about women’s roles within marriage and family. As a result, practices such as domestic abuse or even extreme acts like burning a wife (such as in this case) persist not as aberrations, but as indications of a disease afflicted social order,” the court added.

Justices Sanjay Karol and N Kotiswar Singh expressed concern over the limited impact of legal reforms on societal attitudes.

Moment of introspection

Concluding its observations, the court posed a profound constitutional question: “After decades of laws, schemes, reforms, and judicial recognition of equality across workplaces, homes, personal relationships, and even the armed forces, why does the control over women’s bodies, choices, and lives still persist so deeply within society?”

In a rare moment of judicial introspection, it answered, “Perhaps, the answer lies only with ‘We, the People of India’.

Conviction upheld in 20-year-old’s murder

The case involved the murder of a 20-year-old woman who succumbed to burn injuries on October 19, 2012, days after her husband set her ablaze in Rajasthan.

Her dying declaration, recorded on October 15, 2012, formed the cornerstone of the prosecution’s case, clearly naming her husband as the perpetrator. The trial court convicted him in December 2014, a finding later affirmed in August 2019.

Rejecting challenges to the reliability of the dying declaration, the Supreme Court held that it was recorded in accordance with law and corroborated by medical evidence.

Rights remain ‘elusive for many’

In the postscript of the verdict, the Supreme Court undertook a sweeping review of India’s journey on gender justice and expressed concern over the limited impact of legal reforms on societal attitudes.

The court noted that the offence dated back to 2011, a time when India had already completed over six decades as an independent nation with the Constitution guaranteeing equality, dignity, and non-discrimination. Yet, it observed that such rights remain “elusive for many,” particularly women facing violence within domestic spaces.

Laws and judicial progress

The Supreme Court traced a long trajectory of legislative and judicial efforts aimed at dismantling patriarchy. It referred to early legislative measures like the Dowry Prohibition Act, 1961, enacted to combat entrenched practices of dowry, followed by provisions such as Section 498A (cruelty for dowry) of the Indian Penal Code addressing cruelty within marriage, and the Protection of Women from Domestic Violence Act, 2005, which recognised domestic abuse as a civil wrong requiring immediate intervention.

The bench also highlighted transformative judicial decisions that expanded women’s rights across domains:

• Shayara Bano vs Union of India (2017), which struck down instant triple talaq.
• Joseph Shine vs Union of India (2018), which decriminalised adultery and affirmed women’s autonomy.
• Secretary, Ministry of Defence vs Babita Puniya (2020), which granted permanent commission to women in the Army.
• Vineeta Sharma vs Rakesh Sharma (2020), recognising daughters as equal coparceners.
• The court also referenced rulings protecting women’s personal liberty and choice, including Shakti Vahini (honour killings) and Shafin Jahan (right to choose a partner).

State initiatives, stark reality

Beyond the judiciary, the bench acknowledged the role of the state in promoting gender equality through schemes such as Beti Bachao Beti Padhao, Sukanya Samriddhi Yojana, and Ujjwala Yojana, aimed at improving education, financial security, and living conditions for women.

These initiatives, it noted, reflect sustained institutional commitment to women’s empowerment. Despite these efforts, the Supreme Court pointed to a troubling reality. Citing official data, it noted that more than 4.48 lakh crimes against women were recorded in 2023 alone, with dowry-related violence continuing to claim over 6,000 lives annually.

It observed that complaints of domestic violence remain among the most frequently reported grievances, underscoring the persistence of abuse within private spaces.

The bench described this as a “sobering picture,” especially in the context of India’s economic growth, rising literacy, and increased participation of women in education and the workforce.

Paradox of progress and patriarchy

The Supreme Court identified a striking paradox: while legal and economic advancements are visible at a macro level, patriarchal norms continue to dominate everyday life, particularly in rural and semi-urban settings.

It noted that authority within households remains “overwhelmingly male,” and women’s autonomy is often conditional, even when they are economically independent. Women are still expected to shoulder domestic responsibilities alongside professional roles, reflecting deeply ingrained gender expectations.

The persistence of practices like dowry, despite being outlawed for decades, was cited as evidence that legal prohibitions alone cannot dismantle social legitimacy.

Society-level failure

In a stark observation, the Supreme Court stated that incidents like the present case, where a woman is burned by her husband are not aberrations but “indications of a disease afflicted social order.”

This framing shifts the focus from isolated criminal acts to systemic societal issues, suggesting that violence against women is rooted in deeply embedded cultural norms.