Violence comes in multiple forms, especially against women. The Kerala High Court has ruled that maligning a woman without substance is a pernicious form of social violence. The high court was responding to a plea by the actor, Shwetha Menon, against a complaint that she had published obscene material from her former films and advertisements. The court found the complaint unsubstantiated. While it is recognised that verbal and emotional violence is inflicted upon women in the Protection of Women from Domestic Violence Act, social violence based on maligning a woman without basis is different. It widens the range of the kinds of violence perpetrated on women and can refer to a common weapon used to degrade and insult them in society. The Kerala High Court said that when a woman has gained name, fame and recognition in public life, it may become difficult to defeat her on the basis of reason, logic or merit. That is when shaming is used as a weapon. This suggests that the deeply misogynistic attitude of Indian society has not yet undergone a noticeable change since shaming women in domestic and social life has for long been a much-used strategy, especially visible since women have been fighting for their rights.
The Kerala High Court’s ruling sets a precedent; it is not yet a part of law. Neither would every case of social violence come to court. There is also another question: should not all forms of maligning be social violence, whether unsubstantiated or not? However, the only way to counter forms of public shaming of women by allegations at this time is to change social attitudes. The Kerala High Court said, therefore, that a society that allows the vilification of a woman out of envy or malice is the embodiment of injustice. Progressive societies recognise a woman’s contributions and do not resort to character assassination and slander as do regressive ones. The high court also glanced at a basic aspect of the problem. The court remarked that empowering women does not make them saints. Their accomplishments should be recognised with dignity and fairness; any society that focuses on a woman’s image rather than her achievements exposes its own intellectual poverty. But society is slow to change. The Kerala High Court’s strong rebuke is one step in that direction.