Tuesday, 21 October 2014

Right the Wrong!!!!!!!!


                                                       By Adv. Aileen S. Marques



When we see the many laws that are enacted to protect women, children, senior citizens and other socially and economically  backward classes, the only thought that crosses one's mind is that these must promote equality, non-discrimination and non-violence.

Understanding the thousands of laws at a stretch especially if you have a non-legal background is a challenge.

While preparing for my recent workshop on "Women,Law and Rights", some thoughts that surfaced are worth sharing.


​​The Indian Constitution is the supreme Law of the Land. All our laws find that intent, purpose and source from the Constitution. The Indian Constitution is still relevant even more than 60 years later. Hence the laws that relate to the empowerment and development of women broadly cover the following rights:

1) Right to Equality.
2) Right against discrimination.
3) Right to live (without violence and with education)
4) Right to shelter and property.
5) Right to maintenance.
6) Right to information.
7) Right to medical assistance.
8) Right to work and employment (in humane conditions)
9) Right to family and custody of children.
10) Right to humane existence.

All the laws enacted under the benevolence of Article 15(3) of the Indian Constitution cater to atleast one of these rights.

What is the connection between laws and rights???
          If you ever wondered what is the connection between laws and rights, let your imaginations and theories rest. Most often laws are enacted to protect rights. So if I enjoy a right, there surely are laws to protect and promote that right. In alternate if there is a particular law it means that a particular right is being violated.

Remembering all the laws available is difficult for the many women I reach-out to through my legal awareness workshops. Most of them have been denied their rights to life and information and so breaking the law  into simple terms makes legal empowerment easy for them. When I meet them, even months later... there so confidently recollect their rights and I feel content.

On a practical note, its easier to say "I have a right to life which includes education and violence-free", rather than saying "Under Article 21 of the Indian Constitution I have a right to live and under the Domestic Violence Act I have a right to live without violence and under Article 21A I have a right to education". 

Know your rights and this is a sure way to Right the Wrong

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