MOHD. NASEEM BHAT Vs. BILQUEES AKHTER & ANR.

JUDGEMENT

(1.) Women have been at the bottom of barrel, for most part of human history. In archaic society essentially patriarchal in character, women remained confined to four walls of house, debarred from public life, before marriage under complete control of her father or male kin in absence of father and under subjection of her husband after marriage. Her position in either case was nothing except that of a mere chattel or a piece of property. The father or a male kin having guardianship over a girl, would receive consideration in cash or kind from the man to whom she was given by him, in marriage. She did not have a role in selection of her life partner. Her consent was not considered necessary and therefore never sought. She though required to play multiple roles ranging from providing comfort to her husband, bearing children, gathering and cooking food for the family, working in fields, adding to family assets, did not have any right over property created by her hard labour, not even the shelter she and her husband built. She was denied right to possess, own, control or manage property. Be it any part of the world or any civilization, the story of woman was one of subjection, humiliation, disrespect, misery and deprivation.

(2.) John Stuart Mill in his essay: "The Subjection of Women", thus narrates plight of women in various civilizations over the ages:

(3.) In Roman Law, as stated in Encyclopedia Britannica, a woman was completely dependent. On her marriage, the property, if any, she had, went to her husband, she herself was purchased property of her husband and like a slave, acquired only for his benefit. A women could not hold any civil or public office, could not be a witness or surety, tutor or curator. In Mosaic Law to betroth a woman to oneself meant simply to acquire her possession by payment of the purchase money. Plight of women was no different in Greek and other civilizations. The women was taken as curse, a source of sin, and devil 's gateway.