Constitution Frozen - Declare Emergency - Instablogs
Constitution Frozen - Declare Emergency
Prassoon Suryadas , Austin, Texas: May 22 2009
Made Popular May 23 2009
India :

Constitution Frozen - Declare 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. India has already faced this state of unrest three times due to external attacks from China, Pakistan and also due to internal disturbance.

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 Apex Court will make everyone think that we have already frozen our Constitution and declared emergency! I’m referring to the comment.

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 India? If it is a crime the fine/penalty should go to the government. Why should husband PAY wife?

In this particular case, civil rights of Deepak Kumar have got seriously violated just because of the lousy system and its slow corrupted process. The Apex Court said “you waited for 17 years and so wait for more”! 17 years of one’s life is so silly matter for The Supreme Court of India. Judiciary is doing absolute insult of The Constitution by not providing justice within a specific time frame.

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?

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1 Stars
Gaurav
Banglore, India
You've raised some good points like the last one that domestic violence can happen with anyone in the house.

None of the constitution is perfect. It takes time to the judiciary members to see the loopholes and cover them Im sure these will be covered as well. Have a little patience and till then, keep reminding the authorities that these issues are pending.
1 Stars
Jamie
Birmingham, United Kingdom
It is true that none of the constituting is perfect but it’s also a reality that none of the constitution is as imperfect as the Indian Constitution.
(Global Perspectives)
1 Stars
Gaurav
Banglore, India
I would not contradict your statement Jamie but we need to understand this that India is the biggest democracy in the world and taking care of billions of people in not an easy task. In spite of all this, India is doing really well, i believe.
1 Stars
Prassoon Suryadas 498a.org
Austin, Texas, United States
here the problem is not with The Constitution but with the implementation.
(Global Perspectives)
1 Stars
Avadhut
Calicut, India
Passoon
I think while living in USA you have forgotten about the plight of Indian women. The women here are still facing discrimination and exploitation here.
1 Stars
Ayushi
Calicut, India
You are right Avdhut

I don't understand why these men are ignoring the sufferings of those ladies who are genuinely being suppressed by their in-laws. We still have to go a long way before people start treating their daughters-in-law as a human being.

Still many women are beaten by their drunken husbands at night. They need help.
1 Stars
Prassoon Suryadas 498a.org
Austin, Texas, United States
Nobody ignored those who need help but the need of the hour is to protect the innocent. I can very well understand the plight of Indian Women. I last couple of years alone, about 1.5lakh innocent women got arrested in FALSE dowry harrassment criminal cases. Avadhut and Ayushi, dont you want to protect those innocents? You are welcome to read my other blog Elder Abuse in India - World Health Organisation Report and get more insight about the plight of Indian women.
(Global Perspectives)
1 Stars
Sanwali
Shimla, India
@ Passoon,

Women in India have been suffering from ages in the name of culture and rituals. We don’t know how many of them laid their lives for Sati pratha, how many became devdasis, how many had to die right after the birth just because they were girls, how many had to burn alive because they didn’t get dowry.

It took ages for India to take a step to liberate them.

No doubt some of these laws are misused but there are many more who actually need these laws for their protection.

Now, people are coming across the loopholes in the constitution and realizing that they need to be reformed. This will no more be a problem in few years from now.

I assure you that men would definitely not have to wait for ages.
1 Stars
Prassoon Suryadas 498a.org
Austin, Texas, United States
Sanwali ji, You have mentioned a valid point; YOU DONT KNOW how many died in whatever way, sati, burned or aborting female fetus. I assume what you know is all from the MEDIA and MEDIA projects only these kinda isoalated instance from the remotest part of India. When ever a dowry harrassment case or Rape case is registered MEDIA will start trial right after the FIR is filed. And that is giving a FALSE ALARM to the society especially creating terror among women. Your response shows exactly the same terror. You have no idea whats happening around but you think women are in danger. Apparently 98% of the dowry harrassment cases so far filed are FABRICATED. As i mentioned in the other comment WHO, Chief Justice of India (sitting and former), President of India and a lot learned officials has acknowledged this misuse. Even Interpol stoped accepting cases based on dowry now!!! 18% of the rape cases filed in last few years are proven FALSE. Due to our lousy system lots of innocents are getting in to trouble and it takes a decade to prove their innocence. That 18 will take no time to reach 98!!! There is no excuse for abusing the legal system. 56000 married men are committing suicide every year as per National Crime Records Bureau. A few women are in trouble and to help them we created some laws which are not getting used in the way it was intended to and not used by those who were targeted to. If these are the provisions for women, that needs to be repealed with immediate effect to avoid rampant misuse.
(Global Perspectives)
1 Stars
Prassoon Suryadas 498a.org
Austin, Texas, United States
I dont know whether or not links work here... you are welcome to read this blog to get an insight about dowry deaths.

For those who promote Domestic Violence Act 2005

http://prassoon.sulekha.com/blog/post/2009/02/for-those-who-promote-domestic-violence-act-2005.htm
(Global Perspectives)
1 Stars
Kaustav
Bangalore, India
The Constitution of India is not flawed. On the contrary the spirit and content are beyond question and probably the most thought through and inclusive Constitution in the World.

The flaw lies in the Laws that have been created since then, the inability of the common man in India to understand the spirit of the Law, hence the wrong interpretation of many of those laws and certainly the painfully slow judicial system of the country. Paradoxically it’s a Judicial adage that states ”Justice delayed is justice denied”

As regards domestic violence. The solution does not lie in promulgating laws that end up being draconian for some and leave it wide open for misuse.

The current laws assume that every man in India is an MCP, unfortunately that’s not true. Neither is it true that domestic violence and ill treatment of women in India is restricted to a few isolated cases. It’s a widespread malady rooted in tradition.

The solution therefore needs to be Social and not Judicial. Does any textbook in India try instilling equality of sexes during the formative years. What’s needed is a Social revolution that exposes the hypocrisy and ills of many of our Social structures from the Caste System to the Dowry System and Female Infanticide.

Is the new HRD Minister listening??

Alternatively, we need more Raja Ram Mohan Roys and Rabindranath Tagores who can inspire India to change just like they changed Bengali Society in the late 19th and early 20th Century.
1 Stars
Prassoon Suryadas 498a.org
Austin, Texas, United States
Well said Kaustav, ”Justice delayed is indeed justice denied”. Liberation of women can be done only through making women financially independent. If those 3000+ women NGOs work together to attain this goal instead of terrorising women showing even silliest problems as a big danger, that would have been a great boon for Indian women. I wonder what do they do with that Rs.7200crore assigned to WCD every year. There is no doubt that it is not going to the right hands!!!
(Global Perspectives)
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