India is champion in making laws, it is not the law that needs to be changed but it is the proper implementation of the laws that needs to be properly done. Poor enforcement of laws leads to so many problems. In my shortest opinion we are a country of good laws with bad implementation.
In this Constitution Day, Saumya Sharma-an advocate of Chhattisgarh High Court responded to some queries which probably comes in mind of common people.
In cases of powerful people the hearing is quick but hearing of poor goes on for very long time. What do you think about this?
To a great extent it is true. There have been many instances recently depicting the influence of powerful people on our judiciary but efforts are being made by the new and young law professionals to draw inspiration and distribute the fruits of their knowledge courage and wisdom among the needy.
Are the laws made for women sufficient?
Like I said before, the laws are more than sufficient. If you take example of rape cases in India many amendments were enforced after Nirbhaya case which made the punishment for rape even stricter but did the scenario improve? No! Instead it became worse. So all I want to say is we are lacking in implementation part and not the law-making part.
Are the law made for women safety being misused?
Yes, specially by the educated and modern women who only want to take revenge from their husbands, boyfriends or in-laws by misusing the benovelent provisions of laws that were made absolutely and exclusively for their protection. But there has been a rapid increase in the number of false rape cases as well as dowry driven cruelty cases against women which needs to be stopped. The purpose of women laws is to protect the women and not to give them a license for taking personal revenge. The condition of women in rural areas is still the same. Again, I would say it is the result of bad implementation of laws.
So how can it be prevented?
Strict laws for such women on being found guilty and strict incarnation or heavy fine needs to be imposed only then it can be prevented. No man should be booked for a false case merely because a woman has made complaint. We need to equalize everything when it comes to gender equality. Feminism and women empowerment is not about hating or punishing the men. It is about equality. And I believe there has to be same laws for protection of men’s dignity as stricter as there are laws for women in the society.
(Written by Advocate Saumya Sharma. She is an advocate in Chhattisgarh High Court. Views expressed here are her personal)