Introduction
The Supreme Court of India, in a landmark ruling, has strongly criticized the use of misogynistic language in judicial pronouncements, stated that terms like "illegitimate wife" or "faithful mistress" violate a woman’s fundamental rights under Article 21 of the Constitution of India. This decision comes in response to a Bombay High Court judgment that employed such derogatory expressions in a case concerning a void marriage.
Background of the Case
The case in question arose in the matter of Sukhdev Singh v. Sukhbir Kaur [2025 LiveLaw (SC) 195], where the Supreme Court was called upon to decide whether a spouse is entitled to permanent alimony under Section 25 of the Hindu Marriage Act, 1955, even when the marriage is declared void under Section 11 of the Act. In addressing the reference, the Court not only affirmed the entitlement to alimony but also took the opportunity to address the language used in previous judgments regarding women in such circumstances.
A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih expressed strong disapproval of the Bombay High Court’s 2004 decision in Bhausaheb @ Sandhu S/o Raguji Magar vs. Leelabai W/o Bhausaheb Magar (AIR Bom. 283 (FB)). The Supreme Court held that referring to a woman as an "illegitimate wife" or "faithful mistress" is not only derogatory but also unconstitutional, as it infringes upon her fundamental right to dignity under Article 21.
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The Court stated:
“Under Article 21 of the Constitution of India, every person has a fundamental right to lead a dignified life. Calling a woman an ‘illegitimate wife’ or ‘faithful mistress’ amounts to a violation of her fundamental rights. Such language is against the ethos and ideals of our Constitution.”
- Article 21 of the Constitution of India – Protects the right to life and personal liberty, which includes the right to dignity.
- Section 11 of the Hindu Marriage Act, 1955 – Declares certain marriages as void if they violate essential conditions under Section 5 of the Act.
- Section 25 of the Hindu Marriage Act, 1955 – Provides for permanent alimony and maintenance to spouses, even in cases where the marriage is declared void.
- Supreme Court Handbook on Combating Gender Stereotypes – Aims to assist the judiciary in avoiding gender-biased language and promoting gender justice in legal discourse.
Furthermore, the ruling aligns with the Supreme Court’s recently released Handbook on Combating Gender Stereotypes, which seeks to eliminate biased language from legal documents and judgments. The Handbook suggests alternative terminology to replace gender-unjust terms, fostering a more equitable legal framework.
Conclusion
This ruling by the Supreme Court is a significant step towards eliminating misogyny in legal discourse and upholding the dignity of women. By recognizing the impact of language on the perception of women’s rights, the Court has paved the way for a more inclusive and respectful judicial system. The judgment not only affirms the right to alimony for spouses in void marriages but also sends a strong message against the use of discriminatory language in legal proceedings.
As India moves towards greater gender equality, this decision stands as a beacon for progressive legal reforms that ensure fairness, dignity, and respect for all individuals within the judicial system.
