Many pro-man activists complain against woman-friendly laws on the ground that it violates Equality between man and woman.
They say that the Constitution guarantees that no one shall be discriminated on ground of gender, sex,... On basis of man or woman etc.
And thus they oppose such laws as gender biased laws.
What they are missing ?
There are sub provisions below Equality Articles in Constitution.
This sub - Provisions say that Nothing contained in Equality clauses shall prevent any government from making any law, specially in favour of woman and other weaker sections of society.
Thus, the Constitution permits government to make special laws favourable to woman.
If anyone wants to challenge such law, he cannot do it on ground that it creates inequality between man and woman.
He should challenge such laws, probably on following grounds:-
Some suggested grounds:-
1) The classification made is arbitrary.
Unequal cannot be treated as equal.
A double graduated woman cannot be treated as "Weaker Section woman" at par with an illiterate maid woman.
If law give same Benefits to both types of women, it violates Art.14
2) The law is too vague. It gives wide powers to judges without indicating objects for which such powers are to be used.
3) The law casts too much burden on man to prove that which is unprovable.
Presumptions prescribed in law are too excessive and therefore violative of Art.14
4) Etc etc.
The Point is you cannot challenge a law in favour of woman, only on ground that it treats Man & Woman differently and is gender biased.
Haresh Raichura
4/1/2015
Copyright : Haresh Raichura 2014. All Rights reserved.
