News By/Courtesy: Nirbha Dhawan | 04 Sep 2020 12:36pm IST

HIGHLIGHTS

  • We live in a partisan world. And in this prejudiced world, we expect uniformity in the law. Biasness in the law is never accepted.
  • With society progressing, the community values and community awareness are changing.
  • But recently, a stigma has been developed which states that Indian laws gratify women more than men.

DO INDIAN LAWS ESPOUSE WOMEN?

We live in a partisan world. And in this prejudiced world, we expect uniformity in the law. Biasness in the law is never accepted. Law does not remain constant. With changing values and shifting expectations, law keeps on changing. With society progressing, the community values and community awareness are changing. Thus, we need laws to build an environment for us where we make the most of our lives, and most of our talent, without being subjected to any sort of discrimination.

But recently, a stigma has been developed which states that Indian laws gratify women more than men. It is said that when everyone is equal in the eyes of the law then why is it that we see women enjoying right at the upper hand of the law.

Recently, we saw an amendment on Section 497 of IPC that decriminalized adultery. Earlier, if any married woman had any relations with any man besides her husband, then, that man could be held liable for committing the offence of adultery. But the women were subjected to no such liability. This law was considered to be arbitrary towards men. The husband could only file a complaint against the man committing adultery with his wife and women were almost set free from committing such sin. It was said that it would have been the man who lured the woman into such a relationship. But after this decriminalizing, it can be just ground for divorce, no liability is put upon anyone.

Women are the ones who are usually at the risk of sexual harassment. Women face such Sexual tensions, and to prevent these stringent laws are made. But is harassment gender specific? We see how even men are subjected to different forms of harassment. It doesn't always need to be sexual, even emotional, physical, or mental harassment also are difficult to deal with. But where are the laws for men to cope up with such a situation? If a male is sexually harassed, he has no specific law which would aid him in attaining justice.

Marital laws are evident in proving how women hold privileges under the legal system. There have been plenty of laws that favour a wife over a husband. According to a recent amendment, the wife holds a claim in the property of a husband after divorce too. But the husband is entitled to no such right. Wives are given preference when deciding upon the child's custody. The common opinion is that women can take care of the child more diligently than the husband. The wife is also leveraged by alimony after divorce.

But is the law discriminatory in nature? Law holds equality and justice as its key elements. And equality does not mean giving equal rights to everyone in the room. It means giving equal opportunities and creating a platform that doesn't discriminate. The law is not biased if it favours to uplift some sections of society. Women were treated like objects in earlier times. So to lift a section if one is creating a way one can't be called prejudiced.

 

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.

Section Editor: Pushpit Singh | 04 Sep 2020 12:44pm IST


Tags : #Women #Feminism #Laws #India

Latest News







Copyright Kalyan Krishna MediaZ Private Limited. All rights reserved. Unless otherwise indicated, all materials on these pages are copyrighted by Kalyan Krishna MediaZ Private Limited. All rights reserved. No part of these pages, either text or image may be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.