
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.
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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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.