Explained: Why Justice D.Y. Chandrachud & his progressive judgements should inspire the next season of Criminal Justice

In the latest season of the brilliant legal drama Criminal Justice S3, the public prosecutor Lekha Agastya (Shweta Basu Prasad) is busy purging her privilege––that of a SoBo, London-educated lawyer with a legacy to boot––in order to establish herself in the hallowed halls of justice. That female lawyers face difficulties, or women in any profession face more challenges than men, is not news to anyone. But when Justice D.Y. Chandrachud used that to explain why we need more feminist views in law, the MRAs lost it. Some Indians accused him of being anti-men because it brought into their confirmation bias that people can exist only in binaries: if you’re pro-women, then you must be anti-men. While we may think of Justice Chandrachud’s progressive judgements––from abortion to women in the armed forces to Sabarimala to adultery––as doing a great service to women, we must note that he is doing an even greater service to the men of our country. He is an ally to both men and women. If you think otherwise, you must really check your patriarchy. Because, of course, there are many ways in which patriarchy undermines men. This includes not being vulnerable or sensitive or crying. In legal parlance there existed two aspects: one was the false cases of dowry harassment and the misuse of Section 498-A in the Indian Penal Code, which the courts amended to punish those looking to settle personal scores. The other was Section 497 that indicted men for adultery but not women. It was a codified mode of patriarchy that undermined both men and women by saying that only men cheat and women don’t. It was an undignified law as it stated that men can cheat if the woman’s husband is in the know. It treated women as the property of husbands, commodities that could be exchanged and refunded. It asked for the consent of the other man but not the woman. It violated the right to equality under the Constitution. Additionally, it criminalized adultery, but only of the man who slept with someone’s wife. It was an abomination for both genders. It was Justice Chandrachud (on the Bench) who decriminalised this antiquated law and made it gender neutral. This recognised that women can commit adultery. That they can exercise sexual autonomy and agency. It recognised that adultery is not a criminal offense because we have bigger crimes to deal with within the realm of marriage, like domestic violence, dowry harassment and marital rape. But since adultery creates havoc within the private space of family it can be grounds for divorce, whether committed by men or women. Let’s also not forget that after decriminalizing Section 377, he called for freedom of expression of all genders, quoting dissent as “the safety valve of democracy, criminal law did not become a tool for selective harassment of citizens.” It was a big (and rightful) hurrah for everyone, including men. Justice Chandrachud has given many landmark verdicts that end gender bias for both genders. He has authored several judgments on gender justice that call for a change in mindsets. He’s granted relief to women sailors in the Indian Navy and woman officers in the Army, so the law of the land does not come down heavily on women and buy into patriarchy. In a country where a girl is rewarded in marriage but not in her health, because there is no tax on sindoors and mangalsutras, but there was one on sanitary napkins, he authored a concurring judgment holding that the practice of prohibiting women of menstruating age from entering the  Sabarimala temple was discriminatory and violated the fundamental rights of women. He recognised women’s agency over their own bodies when he ruled that unmarried women can undergo an abortion up to 24 weeks, on par with married women. It’s not gender, but the constitutional postulates of equality, liberty and personal freedoms that override everything for him. For Justice Chandrachud is providing that much-needed male sensitivity in a female world. With every progressive judgement he is breaking all the regressive codes of patriarchy and parochialism. He fights against anything that violates the fundamental rights of women and men guaranteed under the Indian Constitution. He affirms the equal entitlements of women and men under the Constitution. He treats women and men not as chalets to perpetuate misogyny but as equal, allowing them to be judged not for their most visible identity––their gender, but for their most distinguished identity––their ability to do great things. He’s shown that women are no longer bound by husbands and fathers and in-laws and society to possess a right to their own selves. His orders underscore how we must not assume that domestic obligations rest solely on women but make men equal stakeholders. He makes sure that the law of the land does not came down heavily on women or men but lifts them up through multiple patriarchies. He’s also not afraid to overrule his own father’s judgements in the quest for progress. This is not just feminism, this is humanity. This is India’s culture. Humanity. In a country as fantastically complicated as India, Justice Chandrachud has many miles to go before he sleeps, of course, including criminalizing marital rape. He knows that unless we reform the penal code, use fast track courts, increase our rate of conviction, and dole out more stringent punishment, nothing will change. We need helplines. We need panic buttons in mobile phones. We need gender sensitivity to be taught in schools. Course correction is a must, so men become aware and educate themselves not to be the majority perpetrators of all crimes. He also has to tackle the larger problem that India does not suffer from a lack of laws, but the implementation of these laws. Take this example: despite the change in succession laws in 1956, which gave daughters and sons equally from father’s self-acquired and ancestral property, things didn’t change on the ground level. Why? Because sisters did not want to spoil their relationship with their brothers. Despite the law being on their side, they completed the trifecta of men––fathers, brothers, and husbands––possessing agency over what share, if any, that daughters should get. They forfeited their one chance to demand inheritance and not dowry and upend that inheritance not dowry should be a woman’s mantra. Yup! There are many miles to go. But till then let’s take a moment to salute and not reduce the many milestones that Justice Chandrachud has achieved. Let’s take a moment to be proud that these are the sons Mother India is also capable of producing. One among a few good men that India’s women deserve. Therefore, I applaud the work being done by Justice Chandrachud and I hope that the women of India carry forward his legacy by using the changes in law to further equality and not patriarchy. I hope that the men of India understand his legacy by acknowledging that feminism is not about men vs women, but about men and women vs patriarchy that has been unjust to both genders. Thanks to the incoming CJI, the law of the land is finally with us, and we must be with it too. Meghna Pant is a multiple award-winning and bestselling author, screenwriter, columnist and speaker, whose latest novel BOYS DON’T CRY (Penguin Random House) will soon be seen on screen.  Read all the  Latest News ,  Trending News ,  Cricket News ,  Bollywood News ,  India News  and  Entertainment News  here. Follow us on  Facebook,  Twitter and  Instagram.