NGO asks SC to expunge 'derogatory' remarks

New Delhi: Mahila Dakshta Samiti, an NGO working for the cause of women, has asked the Supreme Court to expunge its remarks like "keep", "one night stand" and "servant" made in a judgement, saying it was highly derogatory and insulting to females.

The review petition comes against the backdrop of the strong opposition aired by country's sole woman Additional Solicitor General Indira Jaising, who on October 22 told the bench of Justices Markandeya Katju and TS Thakur that the remarks ought to be expunged.

While dealing with a matrimonial dispute, the bench had ruled that the benefits of maintenance available to women under Section 125 CrPC and Domestic Violence Act 2005 would not be available if the woman was a mere "keep," a "servant" used for sexual purposes, or if it was a "one night stand" between a man and a woman.

"It is submitted with respect that use of expressions such as 'keep' are highly derogatory of women and discriminate against them on ground of marital status which ought to be abhorred and deprecated in the light present day constitutionality," the petition said.

The petition submitted that the interpretation was erroneous and contrary to the plain wording of relationship in the nature of marriage as used in Section 2(f) of the Act 2005.

"It is submitted the fact that several men who may be married, do enter into a second marriage, live and cohabit with the another woman and represent to the women as well as to the world that he is married to her.

"It would be unjust and unfair to deny the protection of the law to such women considering that they have yet to believe they have actually cohabited with the men for a considerable length of time as husband and wife," the petition said.

It stated the petitioner "truly believes and is supported in this belief by a large number of women that words such as 'keep', and 'one night stand' when used to with reference to women who are in relationship with the men outside the framework of marriage, are highly derogatory of their dignity and are in violation of their rights under article 15(3) in as much as they discriminate against women on the ground of sex and marital status."

The world over such persons are termed as cohabitants or partners in keeping with the dignity of Human beings, the petition said.

Under English Law 'cohabitants' is defined as a man and a woman who, although not married to each other, are living together as husband and wife, it argued.

"The Petitioner also prays that the use of the expression 'servant' in the said judgement is derogatory of the dignity of labour and needs to be expunged. It is worth mentioning that those who provide domestic service are referred to either as domestic workers or domestic help in international forum as well in Legislations such as Maharashtra Domestic Workers' Welfare Board Act 2008," the petition said.