The Kerala High Court ruled that judging women based on their clothing choices or expecting them to grieve over a divorce reflects deep-rooted misogynistic prejudice and reinforces harmful gender stereotypes. This observation came as the court overturned a Family Court’s decision to deny a mother custody of her children. The Family Court had cited reasons such as the mother wearing revealing clothes, celebrating her divorce, and having a dating app profile. The High Court strongly disagreed with these grounds, stating that courts must operate within the constitutional framework and remain free of sexism or misogyny.
In its judgment, the High Court noted the persistence of patriarchal and rigid gender roles within society, which affect women’s autonomy and self-expression. The bench highlighted how women’s choices, especially in clothing, are frequently scrutinized and controlled, perpetuating sexism and limiting their personal freedom. The court criticized the tendency to police women’s attire, emphasizing that such biases hinder women’s full participation in society and contribute to systemic inequality.
The court concluded that a woman’s clothing preferences are a personal choice and cannot serve as a basis for moral judgment, particularly in legal matters. The High Court condemned the Family Court’s assumption that the mother’s attire indicated loose morals, especially when her claims about her husband creating a dating profile were ignored. The bench reaffirmed that no individual, particularly courts, has the right to impose moral standards based on dress. Granting custody to the mother, the High Court underscored that such discriminatory views have no place in a society governed by constitutional equality.
Post Your Comments