Equality before law ? – Mockery of Constitution of India

The Constitution of India, Article 14 confers equal rights and opportunities on men and women, and ensures gender equality in its preamble as a fundamental right, it states Equality before law – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

and it also says in Article 13 [ Laws inconsistent with or in derogation of the fundamental rights.] – (2) The State shall not make any law, which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

and it also says in Article 15 [ Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.] – (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

The Constitution of India, says all this, but men of India has equal rights ?
Law commission of India abiding rules of Constitution ?
Indian Judiciary is not discriminate based on Gender or Religion ?

Answer is Simple, Forget about equality, Indian men has no rights at all, no need to give examples, anyone can search in Law books if they find single law which help common man of India to lead happy family Life, and at the same time take some time to browse all the laws [ Here in support of Women and there are multiple laws for same cause, just for Indian women.

Second question is Law commission of India abiding rules of Constitution ?
NO, they keep on making more and more gender biased laws, Like Section 498A, Domestic Violence, Divorce, Custody, Maintenance and sexual harassment at work place. all in Support of Women only and none for men, Even in Dowry Protection Act it says Giving Dowry also crime, but in the History of India, so far none convicted none police will take action on Women Family if said offence is reported. Law commission think only women is sexually harassed men are not, and if some women file False case, there is no punishment for misusing any Law by Women. May be Law commission is not Aware of Constitution of India and what it says or they are Blind.

Lastly, is Indian Judiciary discriminate based on Gender ?
Yes, as said in Above par, Indian Judiciary and Police act same, no matter what happens women should not be charged, even if she murder her husband, they interpret as she acted in defense, and if Women die accidently also they term it as a Dowry Death by default and Burdon of Proof lies on Men only.

If a women kidnap / abduct her children from Fathers house, Law term it as a Custody, NCPCR says its not Children rights Violation, but if Father take children or Children willing to be with Father, he will not get custody nor Visitation, Even Mother abandon child with someone and Father ask for Visitation, Court as him to deposit passport, just to Visit his Child [ Ref : http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/484312/1/MFA14863-07-06-12-2010.pdf  ] read last page of Karnataka High Court Judgment.

So, Moral of the Story, Government, Law Commission, Judiciary, NCPCR, and Police Above Constitution of India or they are making mockery of Constitution of India.

2 thoughts on “Equality before law ? – Mockery of Constitution of India

  1. I agree that the Constitution of India, Article 14 confers equal rights and opportunities on men and women, and ensures gender equality in its preamble as a fundamental right but in reality it is not true. I am also a victim of the law 498A and eagerly awaiting the release of the film 498A-The wedding gift. i am sure it will help change the law after its release. Suhaib Ilyasi is indeed a genius. He always comes up with something extra-ordanry. It is absurd that our law makers keep on making more and more gender biased laws.

  2. VAWA is termed as unconstitutional by US Supreme Court. On similar line we can also apeal in Supreme Court to term it unconstitutional.

    http://en.wikipedia.org/wiki/United_States_v._Morrison

    In this judgement the US Supreme Courts says that mountain of data for curelty against women should be used by govt to enforce the laws. That data cant be used to shift the burden from Police to Private Party (read Men) for the cruetly on Women.

    This Judgement can be used to strike down the following laws:

    1. 498a

    2. PWADV

    3. Sexual Harrasment at workplace

    4. Women reservation in parliment.

    These are all unconstitutional bcus they are geneder specific instumented against men.

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