The expression "keep" and to the use of phrase "one night stand' by the Bench in the judgement -"The words are derogatory," - Additional Solicitor General Indira Jaising

Additional Solicitor General Indira Jaising said she and several women in the country were not only opposed to the expression "keep" but also to the use of phrase "one night stand' by the Bench in the judgement. "The words are derogatory," she said.


Additional Solicitor General Indira Jaising’s strong objections on Friday in the Supreme Court against the mention of the term ‘keep’ in the judgement on live-in relationship was triggered by a query from Justice Markandeya Katju heading the Bench.

Little did Justice Katju realise that his penchant for incisive comments and observations could evoke a strong reaction from Ms Jaising when he sought her views on the judgement as she was closely involved in drafting the “Protection of Woman from Domestic Violence Act, 2005.”

The moment Justice Katju, who was sitting along with Justice T S Thakur, put the poser, Ms Jaising who had come to the court in connection with another case, voiced her strong disapproval of the word “keep” used in the judgement.

Informed sources said that the Law Ministry may be approached for filing an application on behalf of the Government seeking deletion of certain observations in the judgement on live-in relationships.

Ms Jaising said she and several women in the country were not only opposed to the expression “keep” but also to the use of phrase “one night stand” by the Bench in the judgement. “The words used in the judgement are derogatory,” she said.

“The Supreme Court has traditionally been sensitive to women. But use of words like ‘keep’ and ‘one night stand’ are not legal language. The court has to be gender sensitive,” she later told PTI.

“It is like setting the clock back after the Supreme Court has passed the historic judgement in the Visakha case. That judgement is cited in the courts all over the world,” the ASG said.

Since there was no law on dealing with sexual expoloitation of women at work places, the Supreme Court in the famous Vishakha vs. the State of Rajasthan (August 1997) case had framed a series of guidelines to prevent sexual harassment of women at work places.

She said India being a signatory to the UN Convention on Elimination of Discrimination Against Women (CEDAW) was bound to respect the ideal of eliminating all kinds of discrimination against women. It applied to all wings of the democracy like legislature, executive and judiciary, she added.