May 9, 2013

How to fight against gender bias arbitrarily laws- Some suggestions


You cannot frighten away a bad law by making noises about it in social media or print media.

The Constitution says three things :

1) State will not discriminate among citizens on basis of gender.

So it can not pass laws which are more in favour of one gender and which are less in favour of other gender.


2) Secondly, it says that, State can make laws to protect a Weaker class.

So State can pass laws, if they are really intended to protect a weaker class. But such classification should be based on sound reasons.


3) It says, that HC and SC has power to declare a law bad, if some one proves to it that certain law passed by any State or Centre is violative of fundamental rights and the classification made is not sound.


4) Such petition has to be filed in High Court under Art. 226, 13,14 etc.

5) Such petitions can be filed in Supreme Court under Art.32,13,14 etc.


6) The petition should be filed by some bonafide NGO or Social Organisation which may be working in this area from quite some time.


7) Petition should be backed by undisputed research and data on which judges can rely.


Haresh Raichura
09/05/13 12:35