CONSTITUTION FROZEN; DELCARE EMERGENCY
Indian Constitution, the longest written constitution in the world ensures certain rights to each and every citizen; the legislator and Judiciary are responsible to safeguard those rights. When a country face severe civil unrest and when legislator and Judiciary face problem in ensuring the constitutional rights to its citizens they freeze the Constitution and declare a state of Emergency.
Our legislator makes laws completely biased on a particular gender and there by violating the fundamental rights of other gender. Judiciary is also showing partiality on one gender and keep coming with verdicts which absolutely ignore the civil rights of another gender. The recent comment made by the
“Obey your wife”.
It is not a ridiculous comment made by a dirty politician; it is from the Supreme Court of India which takes the matter to the next level. Do we really have a Constitution in practice? Are executive, legislature and the judiciary still governed by The Constitution? Why do husbands need to obey their wives or the other way around? Shouldn’t be marital relationship based on MUTUAL CONSENSUS? If that is not present isn’t it the right of a citizen to get divorce? Is divorce a CRIME in
Article 15(3) of The Constitution of India allows the State to give provisions for women and children. But if we look at the Constitution little bit further down… 15(5), 16(2), 19(2), 19(3), 19(4), 19(5), 19(6), 25(2), 33, 34, 35(a), you will find the key difference between PROVISION and PROVISION BY LAW. Where ever The Constitution gives the provision to MAKE LAW it clearly says so; but in the case of 15(3) it’s just PROVISION. Hence, all those gender biased laws are absolutely against The Constitution. There is no justification what so ever for making GENDER based laws. I’m not against any LAWS as long as it is GENDER NEUTRAL. What amazes me is that why people are worried to make gender neutral laws? For example Domestic Violence Act; Its not just WIFE in the household, there are kids parents and husband too; violence can happen to anyone; then why is it applicable only to women and WIFE in particular?
Tagged domestic violence, gender, Law
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