All Gender Biased Feminist Laws are Unconstitutional ???
I am writing this article by exercising my fundamental rights and duties conferred by Article 19 sub section 1(a)
Under Article 51A clauses (e), (h) and (j) of Constitution of India read with rule of this LCI forum and therein.
Grounds of Public Interest Litigation(PIL) under Article 32 of Constitution of India.
The basic concept of Indian Judiciary is presumption of innocence in criminal trials.
"It is better that ten guilty persons escape than that one innocent suffer" – Sir William Blackstone.
The Supreme Court of India
Sampath kumar -Vs- Inspector of police, krishnagiri which was decided by their Lordships of Apex court Justice T.S.Thakur.
“Our basic concept of Jurisprudence that let the 100 culprits may go free but no innocent should be punished.”
So clearly we can understand that pre –convicted notion of view, biased view is overruled and the same is against the jurisprudence.
As per Article 14 of Constitution of India 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 Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.
“The State” - includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Therefore, Equality before law and equal protection of law irrespective to gender is the right of every Indian man and woman.
Article 15 of Constitution of India is as follows:- Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Clearly this article also prohibits any gender discrimination however under article 15(3) woman and child have some extra privileges. The most unfortunate situation of Indian gender biased feminist criminal laws (including 498A, DVA, Rape , Maintenance laws etc) are wrongly formulated, misinterpretation of basic concept of jurisprudence and misinterpretation of Article 15(3) of Constitution of India. Let us see how Article 15(3) of Constitution of India has been misinterpreted: - 15(3) Nothing in this article shall prevent the State from making any special provision for women and children. Clearly the scope of this provision lies within Article 15 only, not outside of it hence under this the state has no power to deny to any person’s equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth as mention under Article 14. Also Article 15(3) the cannot deny the basic concept of jurisprudence like - presumption of innocence in criminal trials. Moreover if you closely look on Article 15(2) clause (a) and (b), gender discrepancy is prohibited for public place which is fully or partly funded by the state, however under Article 15(3) the state can grand some privilege for women and child such as – ladies seats in train and buses, ladies trains and buses, special maternity care for public hospitals (which is public properties and fully/partly funded by the state) etc. However, under Article 15(3) the state has not power to show any discrepancy on private property.
Now please try to understand –
c) Residential Rights
- These are awarded from husbands property (private property which in not at all funded by the state). Whether the state has any power to do so. If such impugned extortion laws are imposed (like 125 CrPC, DVA etc) even without securing husband’s source of income then is the constitutional???? Absolutely not. These are unconstitutional.
Also under Aricle 15(3) the state has no power to destroy the basic concept of jurisprudence that is presumption of innocence in criminal trials, and equality and equal protection rights as written under Article 14 of Constitution of India hence the state has no power convert any gender equal laws to gender biased feminist laws like Rape, 498A, DVA, Special Marriage Act etc. These laws are certainly unconstitutional. Actually, the state has failed to give equality and equal protection to all innocent Indians, the law and orders are continuously deteriorating, the dignity of both men and women are destroying and to hush up such failures the state are creating biased laws, misinterpreting our constitution and making foolish us. (JALDISE KUCH KARNA HAI ).
Inconsequence, lot of innocent, educated, productive families are destroying and corrupted people (including corrupted police, judges, advocates and wrong women) are gaining money.
As per Article 51A - The Fundamental duties of every citizen of India is to abide by the Constitution and respect its ideals and institutions, now whether the state and its public servants (Police, Judges) are donging their fundamental duties??
Over 32 million cases are pending across the countries. Justice delayed means justice denied.
Article 21 of Constitution of India says - Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law. Whether a person liberty can be deprived for infrastructure of the court?? Where no justice only dates are given?? (TARIKH PE TARIKH )
Whether Indian Judiciary mainly driven by corrupted judges are abide by the Constitution of India and respect its ideals???
--- Unfortunately, the answers of my questions is NO.
Under Article 39 of Constitution of India the state has to follow certain principles of policy as follows : -
39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment
Here also the state is bound to follow gender equality.
So the concussion is –
All Gender Biased Feminist Laws are Unconstitutional as there is no such provision written in the Constitution of India except a few privileges in public places those are fully/partly funded by the state. Is not it ???
Please vote me if you are agree.
Lastly, I would like to say that since there is no provision in law that any advocate/counsel is required to plead any case, anybody can plead and defend any case, please sue Public Interest Litigation(PIL) against Union of India under article 32 of Constitution of India to eradicate such biased laws to abide by the Ideas of Indian Constitution and therein as the same is our fundamental duties.
Please see my profile for some sample petitions and other FAQs that may help you.