Bokaro Rape Case: India Needs To Abolish All Illegal Bodies
By Dr. Vivek Kumar Srivastava
11 July, 2014
Now the time has come to abolish the local Panchayats, Khap Panchyats, religious bodies which act as kangaroo courts in Indian society.This thoughtful demand emerges from the fact that in the country the decisions and fatwas of such bodies are degrading the human dignity, a goal which Indian constitution never aimed for, it had although aimed for providing the respect to human dignity.
As the news spread that a 10-year-old girl was allegedly raped in Bokaro's Swang Gulgulia Dhoura village by a neighbour who had also attempted to misbehave her mother. The evil act was allowed and supported by the village head. This makes condition very pathetic for the victims that they are not safe nowhere. Even the legally sanctioned system may sometime operate illegally , what to say about the system which have no legal bases.
We must explicitly state that no law whether by any religious body, Khap system or family panchyats or family heads or male –female parents can be implemented to the Indian citizen.
The only law will be Law of the land i.e. constitution from which other law takes sustenance. Law has sanctity and force as long they conform to constitution. Hence only laws emanating from it can be implemented that too by authority of governance which is judicially constituted. At outer level such things exist but in reality and at inner level it is not so. The most vulnerable section is women and children, downtrodden ones who have no idea about the constitutional values and prevalent laws.
Hence the need is not to say that Khap and religious bodies have no constitutional validity but in fact it must clearly pronounce that in the country no other legal thought, legal system will even exist on the pretext of advising or resolving the minor or major disputes but only the constitution based law system will only exist.
This is different from the condition where these exist and most of the times operate against to the will of constitution. Hence their complete abolition is the only answer. They should not even be allowed to function. To say that their decisions are not law based is not the answer but SC must clearly state that these will not even exist because in the name of honour many illegal decisions are pronounced by these which ultimately kill the spirit of the constitution.
The greater need is not to limit such institutions but need is to abolish all illegal institutions which are playing with the dignity of the individuals. This dignity has been granted to them by constitution. If we allow any illegal institution to highjack the individual’s fundamental rights then we allow the killing the soul of constitution.
When constitution exist , why are then these bodies allowed to operate? Why do citizens live under the influence of two legal systems? This is highly wrong, hence Supreme Court should take a holistic view and scrap even the existence of such bodies. Even make these completely illegal and government should start a project to make people aware about the laws and values of the constitution. This will provide a halt to activities of rapes, honour killing and will help to maintain the dignity of the citizen of the country.
Dr. Vivek Kumar Srivastava has twenty years University level teaching experience, presently Assistant Professor in CSJM Kanpur University[affiliated college],Vice Chairman CSSP, email: email@example.com
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