Chhattisgarh High Court: Shift Needed from 'Fairness Preference' Dialogue

The Chhattisgarh High Court recently addressed the societal bias against dark-skinned women, emphasizing a dire need for change in the prevailing mindset. In a matrimonial dispute where the wife alleged cruelty based on her skin tone, the bench of Justices Goutam Bhaduri and Deepak Kumar Tiwari highlighted the detrimental stereotypes perpetuated by society.

The Court's order expressed concern over the portrayal of dark-skinned women in media and society. It stated, "They are likely to portray a dark-skinned woman as an underconfident and insecure person who is unable to secure success in life until someone suggests the use of a fairness cream." The bench stressed the urgency to alter conversations at home and broader societal narratives to eliminate discrimination based on skin colour.

The case revolved around a husband's appeal against the family court's decision to dismiss his divorce application. Allegations included the wife's abandonment and initiation of maintenance proceedings without cause. The wife countered with claims of mistreatment, verbal abuse, and ridicule over her dark complexion, even alleging physical assault during her pregnancy due to her skin tone.

After evaluating the evidence, the High Court deemed the wife's account more credible. The Court underscored the need to reject any preference for light skin over dark, stating, "After cumulative reading of the evidence, we are of the view that no ground of cruelty or desertion has been made out by the husband to get the decree of divorce which are under the Hindu Marriage Act, 1955." The verdict underscores the judiciary's stance against perpetuating biases and promotes a more inclusive society.

Author: Anushka Taraniya

News Writer, MIT ADT University