New Delhi: The Supreme Court Wednesday advised that courts should not further patriarchal remarks such as only male child can carry on the family lineage or take care of parents during their old age, while passing judgement, reported the LiveLaw.
A bench headed by Chief Justice of India DY Chandrachud was hearing a plea to review the death penalty awarded to a convict of kidnap and murder of 7 years old boy.
“In such a circumstance, it does not and should not matter for a constitutional court whether the young child was a male child or a female child. The murder remains equally tragic. Courts should also not indulge in furthering the notion that only a male child furthers family lineage or is able to assist the parents in old age,” said the court.
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“Such remarks involuntarily further patriarchal value judgements that courts should avoid regardless of the context,” it added.
The court noted that the murder of a child would remain equally trgaic despite the gender of the victim.
The top court noted that the Supreme Court while awarding the death penalty, had stated that the killing of a sole male child “adds to the aggrivating circumstances”.
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The Previous Bench Had Said
Dismissing the appeal, the previous bench had said, “Purposefully killing the sole male child, has grave repercussions for the parents of the deceased. Agony for parents for the loss of their only male child, who would have carried further the family lineage, and is expected to see them through their old age, is unfathomable. Extreme misery caused to the aggrieved party, certainly adds to the aggravating circumstances.”
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