Why Is a Woman's 'Moral Character' Used Against Her in Court?

From divorce settlements to sexual violence cases, why is a woman's moral character always on trial in court? Flavia Agnes, women's rights lawyer, explains.

Credits:

Featuring: Flavia Agnes

Edited by: Anahita Sachdev

Produced by: Shrishti Malhotra

Creative Supervisor: Karla Bookman

[anahita_sachdev]

As we worked on this video, we found an abundance of news articles documenting the sexism women face in courts. Made me realise that even those who uphold our justice system are victims of patriarchal conditioning, just like the rest of us.

[ssingh]

As a survivor and prime witness of a case myself I have experienced this. My parents were extremely hesitant to pursue the complaint fearing my image and their reputation will be stained. It was extremely hard to convince them that it's the person who's committed a crime who's reputation will be fixed.
Later during the enquiry and the case the complete time effort and energy of the defense was spent on irrelevant and outrageous questions trying to break me down and prove my moral character bad. My name was randomly linked to strangers and questioned and it was worst when uncomfortable questions were asked to my father. Luckily we are strong and all effects to humiliate, question, break us down etc failed.
I belong to a good upper middle class respected family and I can't even imagine what the females less privilege than me face. I have seen females of rich families also suffer in fear their character will be judged.
Another very important thing that must stop is to blame the victim. Unless it happens to oneself, others always question, how can the victim be so stupid, how come she got into this situation, how come she didn't react in a certain way, she should have done this, she should have done that, etc. And this happens with men too.

A simple example is I got infected with covid19 10 days back and my own brother called to scold me for bringing the virus inside the house and putting my parents' live at risk. And the only reason I went out was to make sure my parents don't go out anywhere and we have vegetables and fruits at home to eat.

We as a society have a long way to grow and improve ourselves. We have to evolve a lot. Our overall mentality, morals, principles, society and culture has to improve rapidly along with the rapid economic and political developments. And we all have to stand strong against anything that is wrong. We can't afford to give in or give up. Else we all will be doomed.

[asrakhursheed]

what she said about “breaking the witness” reminds me of the scene from the movie PINK. when the lawyer keeps asking falaq about her bank details and further manages to link her bank freaking details to the guy she was dating, calling her a gold digger subtly

[pravneetkaur]

Even if a Woman is immoral, then also, still if she is raped, it is a crime. A no means no, irrespective of who says it.

[adrijabanerjee]

Really important topic raised...it has become a practice to question a woman's morality...society should embrace the collaboration of men, women and transgenders to go beyond all sorts of gender biases and not create discriminations like this..

[salonika]

THIS is exactly why most women don't report rape complaints. There's no reason to go to court, just kill your culprit, then move on.

[sumipun]

Character of a Woman is irrelevant of the crime against her THATS IT. FULL STOP

[shristypriya]

Why this channel so underrated I love your videos.... I think this is one of the best channel in India

[bhavyjyotisharma]

I totally agree. This is the saddest part that ppl in our courts and legal systems itself tries to victim shame and demotivate the victim that's the only reason that many of the victims don't file cases thinking that unke ghar ki izzat uchhali jayegi😔

[mohkoina]

Many girls are so scared that they never speak out and file a complaint, they think about how they will be criticized openly, their privacy would be invaded. Moreover she and her loved ones would be subjected to humiliation. And taking advantage of this situation fully, the criminals roam about freely without any kind of mental and physical turbulence.

[SK-qmmq]

Guys, there are 3 to 4 permanent IT Cell trolls in the comment sections of every post of swaddle. One is with the name sudarshan chakra and there are others similar to him. Kindly don't pay any heed to them now or in future. Make it a point to NOT engage with them. IGNORE THEM ENTIRELY.

[laralara]

your channel has legit the best videos. Sharing from a personal experience, when I was maybe 13-14, this one guy and me had a mutual hate for each other for no big reason, one time I went into his class to get a notebook from a teacher (their class was mostly boys and it was a free period so all boys were sitting together), the teacher asked me to take nb from other guy sitting next to the main guy and while I waited for him to grab his book, the main guy mildly slapped my butt and I was shocked. Later when I told my teacher, she told me "toh boys k itne paas nhi khada hona chahiye tha" and I really thought I was wrong, now I feel so stupid for not ever fighting against it.

[HarpreetSinghChauhan]

judging a woman on basis of her morality or sexual preferences will never allowed by the real educated people
I couldn't bear the fact that patriarchal thinking has penetrated our system so deeply that it will take at least10to 15 years to overcome this system . One day We will overcome this thinking that was given to us by the west .👍😎.
🙏🏻🙏🏻🙏🏻

[idkifitsblueorgrey]

Asking irrelevant questions and making irrelevant comments on a person's character is everywhere. It is in the minds of people. Most analyse the human never by keeping their own biases aside. The woman is judged primarily in terms of being a woman, and not a human. The problem lies in the fact that any person at all is judged based on their gender, and the "normal behavior" of that gender. See the human and the soul first, gender can come later.

[Pandachannel]

Exactly. Why! This very topic boils my blood. It is so great that you are making videos about it. Thank you.

[justice]

That’s why when I grow up and become a lawyer so as a woman I can support other women, minorities and the LGBTQ + and end patriarchy for good

[maha_sage]

And that bishop got a hero's welcome home when he got bail. Social sanction is more powerful than any court of law and justice in any territory.
Patriarchy is to blame.
Rape accused ought to be shunned and not glorified... What behaviour is this?
...
Let me add that now there are judgements that have made it law that a woman's character is not to be questioned in court in cases of rape and sexual abuse/ harassment.
Still it is done. It is contempt of court actually IMHO.

[chahatjain]

We need a female judge for these cases. Period

[shaswatichakraborty]

This is the main reason that had prevented me from going to the police for molesting of one of my relatives by another distant relative, lack of support from family members being another reason.

[reverbfrost]

Indian mentality needs to change.
And only the Gen Z can do that! We have to say that change has arrived. You boomers like it or not, it is here to stay, so accept it or break.
An idea is radical and impossible as long as it's not said out loud!
India has the potential to be a country, a society that respects all humans, not just women, not just LGBT, not just children, elderly, but all humans and living beings!!