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Legal Framework of India : Role of judiciary

  Preamble of constitution:   WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute ……………. do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.      We, the people of India have given the constitution to ourselves.  Judiciary, parliament and government are creation of this constitution. Parliament is to create the law. Government is to execute it. Judiciary/Supreme Court is to enforce it and ensure that law is followed Role of Judiciary: Judiciary is to ensure that the mandate of people is followed. Judiciary is to ensure that the people are protected as per the Constitution created by the people of India Judiciary is given the power by the people of India, so that judgment they write has legal power to be enforced, and that judgment should/must be in line with the mandate of people. Judiciary is duty bound to write the judgment as per the mandate of the people and is not allowed to write it as per their personal opinion or morality.  Judiciary is not entitled to e
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Relationship of husband/wife an Intelligible differentia for Article 14 for #MaritalRape

  .                                                            Synopsis   Intelligible differentia : With marriage wife takes away the right of a husband to have sex with any other woman but any stranger woman doesn't takes away that right from any man. So certainly there is a  Intelligible differentia  between any other women and wife.      Intelligible differentia ·        We have bachelor male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage). ·        We have divorced male / female, he /she is legally allowed to have sex with anyone (not bounded by marriage). ·        Then we have married male / female,  he is legally not allowed to have sex with anyone other women.                 It is a criminal offence to have sex with anyone other than spouse for a married male. As we as a society and law rightly want a spouse to be faithful. We in our law don’t want him/her to have sex with anyone else other than spouse.       
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Why misuse is an impotant consideration #MaritalRape

                                                                                  Synopsis   Misuse : Every misuse of law violates the fundamental right of the innocent accused. As law authorities have failed to take any action against law misusers, than misuse is certainly a criteria as misuse also violates fundamental right.      Once it is guaranteed by the courts that the law misusers will be prosecuted then only it can be said that the misuse is not a criteria.                   Misuse So far the issue of misuse of law has been ignored. Misuse is something which is not even considered as criteria.   We know of the 498A misuse, even Hon’ble Supreme Court has termed it is as legal terrorism.   Misuse may not be criteria for decision on constitutionality but first it has to be seen what has been done to curb misuse.   How the misuse works: The false accuser file complaint for a heinous non bailable offence, than with the arrest or threat of pre conviction arrest per
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#MaritalRape Can sex between husband and wife be called as rape ?

                                                                          Synopsis       Societal factor in rape: Rape is considered a heinous offence as it involves societal degradation, but when it is sex between husband and wife, whether forced or not, the societal factor does not come into play. That is why forced sex in marriage cannot be considered as rape at all.                                     Societal factor in rape   Can forced sex between husband and wife be considered as rape ?                                    Rape of women is considered as the most heinous of an offence, even more heinous then murder. In the case of rape there might not be any bodily injury that might have occurred, and still it is considered more heinous then the crime of grievous hurt wherein the arms and hands of a person are amputated. The reason is that, rape is considered to have damaged the soul of the person. In the case of grievous hurt, the person might have to physically suffe
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Absolute Prohibition or #MaritalRape

                                                                              Synopsis Absolute prohibition: When a man is married, sex outside of marriage is prohibited, he cannot have extramarital sex. It is considered as cruelty and he can be prosecuted by wife under Section 125 of CrPC and under Protection of Women from Domestic Violence Act. That means if wife denies sex to husband, wife can prosecute husband if he has sex outside marriage and can also prosecute husband for rape if he has sex with wife herself. That means it can lead to absolute prohibition for husband to have sex. Sexual organ is a natural organ of a human being like mouth and nose. No law can put absolute prohibition on   any human being to use his/her god given biological bodily organ, whether its nose, mouth or sexual organ. It will be equivalent that law is caging a bodily function of a human body      Based on the principle of Absolute prohibition, Exception 2 of Section 375 is not unconstitutional, but
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