A RENAISSANCE IN THE ADJUDICATION OF INDIA

LEGAL ARTICLES

KUNAL SINGH

2021-09-06 3 min read

A RENAISSANCE IN THE ADJUDICATION OF INDIA

India, i.e., Bharat is a state known to have the best constitution of the world. It is a document enshrined with numerous ideological thoughts for the development of the nation. The Constitution is designed in the manner that it constitutes India into a sovereign, socialist, secular, democratic and a republic state. The people of India are provided with social, economic and political justice. We possess the liberty of thought, expression, belief, faith, and worship. Further, our constitution provides equality in the manner of status and opportunity. It promotes the principle of fraternity so as to protect the dignity of the individual in order to ensure the unity and integrity of India. 

The Judiciary is a body for interpretation of the laws and the Supreme Court, itself is called the guardian of the constitution. Hence, while delivering any judgement it has always strived to protect the guidelines of the constitution for the protection of the state.

A PERIOD OF RENAISSANCE 


The quality of a state is reflected through the rights of the people provided by their constitution. In this same manner, the Indian Constitution has also laid down certain rights for the people of India. They are known as the fundamental rights. These rights are nothing but basic human rights that can be regulated by the state. Many international documents on human rights are commenced in the world, but not all of them are present before us in the form of fundamental rights. It is important to understand that the basic reason for human rights to convert into fundamental rights is due to the fact that the former rights are absolute while the latter can be restricted upon necessity. Therefore, the framers provided constitution with certain number of rights to which, through amendment addition can be done if required. 

The Supreme Court has seen such requirement in the case of Puttaswamy  v Union of India, 2017 where it held that the Right to Privacy is a fundamental right and is protected under Articles 14, 19, and 21. The court in this case carried out the meaning of privacy. It explained it as a right to be let alone. The meaning discussed was that a right to privacy must encompass and protect the personal intimacies of the home, the family, marriage, motherhood, procreation and child rearing. 

The definition of privacy contained such freedoms which during this case were illegal. The incidences such as beef eating, gay rights, issues regarding procreation and many others were held responsible for causing public disorder, panic situations, insecurity, etcetera. However, through this definition, a hint came into play that these provisions were in fact against the true meaning of privacy of an individual. 

The apex court considered to resolve every matter regarding the issue of privacy to maintain the dignity of an individual. The protection of privacy as a fundamental right has become a source for commencing a new era in light of the Indian judiciary. 

A PERIOD OF ENLIGHTENMENT


The judgement on privacy was considered to be an initiating point and therefore, in order to support it, the Supreme Court has tackled one more hurdle coming in its way. The court in
Navtej Singh Johar & Ors.versus Union of India (through Secretary Ministry of Law and Justice), 2018  has recognised the concept of homosexuality in India. 

The court observed that restricting an individual’s sexual orientation is unconstitutional. A person has the right to choose his partner, be it of whatever gender. Through this decision, the cultural aspect of India has taken a new turn. The recognition of LGBTQ community has shown the strengthening of individuality of a person. 

This has allowed for a conflict between the rigid traditional values and the modern imperative thinking. This decision is proved to be a crucial step in building more dynamic laws and provisions for the state.    


CONCLUSION – THE IMPACT

The verdict of section 377, IPC has created a debate within the state. It is well known that a huge part of India is still culturally traditional. In this scenario causing a change is always difficult. To coop up with the establishment of this community, a tremendous amount of patience and understanding is required.

With the establishment of this community, legal entity can also become more dynamic in nature. Many laws and provisions are female oriented such as rape, sexual harassment, adultery, etcetera. They need to be amended in order to support the recognition of this community. Hence, an enormous amount of change is necessary in at least the criminal law of India. Gender sensitisation is required in the legislature of laws. 

Keeping in mind of this approach a recent change has been done in the Domestic Violence Act. It states that from now on women can also be held liable under this act. More such examples are expected to come into play in the future. Through this, it can be understood that Indian justice system is currently in a transforming phase which will create a deep impact on every branch of the society. This will help in building a feeling of sensitivity towards an individual which will ultimately be a key for strengthening the state.      







 

  



  









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