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Monday, December 23, 2024

Women Protection Laws are they really helping

Posted in: Woman laws
Sat, May 12, 18, 12:19, 7 Years ago
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Article 15(3) of Indian Constitution permits State to make any special provision in law for women as well as children.

Article 15(3) of Indian Constitution permits State to make any special provision in law for women as well as children. This Article 15(3) makes an exception to general rule of equality before law guaranteed by Article 14 of Indian Constitution and general rule of prohibition of discrimination on ground of sex guaranteed by Article 15 of Indian Constitution.

The central government of India and India’s state governments has passed many laws for giving special protection to women and children in exercise of power of State under Article 15(3) of Constitution. The point of law needs to be considered is that the children are naturally immature and innocent by their age factor and therefore they are less likely to misuse any special provision of law giving them special protection. But this natural factor does not apply to adult women and therefore the women cannot be treated on par with children. Therefore, Article 15(3) of Indian Constitution itself is against the scheme of nature because it treats women and children as similarly weak, which isn't true in as par natural science.

The main point of law is that if the constitutional provision itself is unnatural, where will the citizens of State look for justice? It is but natural that a women whose brains are equally smart as that of adult men are likely to misuse the provisions of law which grant them special protection by unnaturally treating them on par with children. Take for example, the provision of Section 498-A of Indian Penal Code. This provision of law recognizes physical as well as mental cruelty against married woman from husband and/or his relatives. But said provision does not recognize such cruelty against married man from wife and/or her relatives. Section 498-A of Indian Penal Code codifies matrimonial crime and therefore it cannot be read in isolation from other matrimonial laws which are civil in nature. Such matrimonial laws recognize cruelty as ground for divorce for both husband and wife. It means that the women can commit only civil cruelty against men, but men can commit both civil and criminal cruelty against women. In other words, man is hard and aggressive capable of committing criminal cruelty and woman is soft and submissive incapable of committing criminal cruelty. Is this reasoning truly natural? Do lawmakers know the truth that women are capable of committing such a hidden criminal cruelty which is capable of driving men to commit suicides?

It is needless to state that men and women are not products of Phantom Pregnancy. They are born out of natural sexual union between men and women. Thus, men and women are made for each other by Nature. It is beyond understanding that women want freedom from men and for that they want women protection laws.

They are right only in exceptional cases wherein certain crimes such as rape can be committed only by men against women. It is wrong to treat men as criminals meant for using women in criminal way.

Man should not forget that as women carry motherhood with them, men also carry fatherhood with them. The lawmakers did not use their common sense while codifying Section 498-A of Indian Penal Code and many other laws which are totally discriminatory in nature. This nuisance of flaw in the name of law is still being continued by more of such laws coming day by day for women protection. For example, the Women and Child Development Department of Government of Maharashtra has passed a recent order in haste that henceforth married women cannot be compelled to write surnames of their father or husband after their names.

The women will now enjoy full freedom from family surname of either their father or husband.

A married women can claim right in her father’s property since law of Hindu succession now treats both sons and daughters as equal for entitlement of Hindu family property wherein father may only be the earning member.

A married women can also claim right in her husband’s property. But married women are free from surnames of either her father or husband. If married women have problem about surnames of their father or husband just because they are men, why do they not have such problem about such men’s property?

Women nowadays are overdoing at their own peril by supporting such entertaining provisions of law in the name of women protection. Let them know that all such irrational and unreasonable provisions of women protection laws are breaking the matrimonial institution and natural love and affection flowing within family constructed by such matrimonial institution. If the women really want full freedom from men, they should first sacrifice all their benefits including natural protection which they derive from men. The latest women protection laws must be controlled within natural limit else shall definitely force women to lose their natural protection from men. This is not any threat to women, but only a note of caution to both men and women that anything which is unnatural is illegal from its very beginning and what is unnatural will ultimately be fatal.

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