Judging Women by Their Attire Reflects a Conservative Mindset: Kerala High Court

The Kerala High Court on Friday observed that judging women on their clothes or expecting them to mourn over a divorce reflects deep-seated patriarchal and gender-biased prejudices. The observations came while the court set aside an order of a family court which had refused to grant custody of her children to a mother citing grounds including her choice of clothes, celebrating her divorce, and having a dating app profile.

Court's Ruling and Observations

A bench of Justice Devan Ramachandran and Justice M.B. Snehalatha disagreed with the findings of the family court, terming it as unjust and against the tenets of constitutional values. The High Court underlined its duty to take decisions based on constitutional principles and not societal biases.

Patriarchal Prejudices in Society

The court remarked that patriarchal and prejudiced attitudes are deeply entrenched in society and influence thoughts and actions. It stressed the need for education and introspection to overcome such biases, pointing out how women's autonomy is restricted by societal expectations, including dress codes that create barriers for women throughout their lives.

Unfair Judgement Based on Clothing

The High Court condemned the family court for holding that the mother was of corrupt conduct with regard to the clothing that she wore and her conduct on social media. It reiterated that clothing is one of self-expression and cannot be regarded as some measure of one's moral character, let alone on judicial proceedings.

Reinforcing Women's Freedom

The bench concluded that no woman should be judged solely on her attire, and such prejudices are unacceptable in a civilized society. The court ruled in favor of the mother, considering her children's expressed desire to live with her, and reaffirmed that personal choices, including clothing, must remain free from external moral judgment, especially by courts.