Courts should refrain from making comments that reinforce patriarchal notions during judgments. The Supreme Court has given this advice while hearing the review petition of the convict sentenced to death in the murder of a 7-year-old child. A bench of Chief Justice DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha refused to grant relief to the convict in the kidnapping and murder of a 7-year-old child. Along with this, the court also objected to the remarks made in the High Court’s decision.
The Madhya Pradesh High Court, while giving its verdict in this case, had said, ‘The parents have been deeply shocked by the murder of the only son. The 7-year-old child was his only son, who would continue his lineage and support him in his old age. Killing him is a serious and cruel crime. This has caused serious trauma to his parents. On this comment of the High Court, the Supreme Court said that it is not appropriate for the courts to make such comments. If murder has taken place, it is sufficient, irrespective of whether the killer kills a girl or a boy.
The apex court bench said that in the judgment it does not matter whether the person killed is a boy or a girl. The murder is tragic from the same Russia, no matter who it is. Moreover, the courts should not make such remarks, which would send the message that the son is the only one to carry forward the lineage and support the parents in their old age. Giving admonition, the bench said that such comments strengthen the patriarchal notion in the society. Courts should avoid such things during the judgments.
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