Legal ABC
Some Truth About Indian Constitution
India has the biggest democratic system in the world. Here are some facts about the Indian Constitution:
1. The Constitution of India was written by Prem Behari Narain Raizada by hand in an elegant italic style. Each page was designed by artists from Shantiniketan.
2. The real copies of the Indian Constitution, written in both languages, Hindi and English, are kept in special helium-filled cases in the Library of the Parliament of India.
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3. With 25 parts containing 448 articles and 12 schedules, the Indian Constitution is the longest written constitution of any country in the world.
4. The Constituent Assembly, which first met on December 9, 1946, took around 3 years to come up with the final draft.
5. Over 2000 amendments were made before it was finalized.
6. The drafting of the Constitution was last completed on 26th November 1949. But, it was legally imposed only after two months on 26th January 1950, which we celebrate as a Republic Day.
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7. The Constitution was signed on 24th January 1950, by 284 members of the Constituent Assembly, which included 15 women. It came into force on 26th January.
8. Our Constitution makers took motivation from other Constitutions while drafting the Indian Constitution.
9. Indian Constitution was also called a bag of borrowings.
10. The idea of Five Year Plans (FYP) was derived from the USSR, and the Directive Principles (socio-economic rights) were taken from Ireland, that’s why Indian Constitution was also called a bag of borrowings.
11. The morals of Liberty, Equality, and Fraternity in our Preamble have been taken from the French Revolution, which is also the French motto.
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Law
How Indian judiciary has failed to serve justice to rape victims
India is the largest democracy in the world with a population of 1.3 billion people. Democracy is a rule of people but the judiciary system of the world’s largest democracy has failed to serve justice to rape victims in our country. Can we really call this democracy when millions of people are lighting candles, protesting for justice and it is not served to them despite having all the proof?
The Indian Judiciary has been lagging in serving justice to the oppressed. Years ago Nirbhaya rape case was ruling over news channels and newspapers, the story of how brutally nirbhaya was raped and killed is heinous. We were ashamed to not protect our daughter from those monsters but even after the pleas from every Indian asking to hang the rapists, justice was prolonged for years. Nirbhaya died in 2012 and after 8 years of continuous struggle on 20 march 2020, the rapists were hanged to death. The case that shook the entire country took 8 years for the Indian judiciary to conclude despite having all the evidence. What do we call India, a rule of People?
Nirbhaya is not the only victim but there are thousands of others who have not received justice yet. It’s no secret that women in India are not safe. Rape is the fourth most common crime in our country with 88 cases daily on average according to 2019 reports of NCRB. The reason behind that is rapists do not fear the punishment, They believe they can do what they wish and they will manage to find a way out of the police case, which in many cases they do get out without punishments.
Rape is forcing yourself on someone sexually, it does not matter who the victim is. It can be a male or female, married or single. Rape is rape but the Indian judiciary does not believe the same as in India martial rape is not illegal. Once the Chhattisgarh high court said, “ Since the complainant is the legally wedded wife of the accused, any sexual act will not be considered as raped even if it was by force or against her will.”
Madhya Pradesh High Court once served justice to a victim by asking her to tie Rakhi to a molester. Bombay High Court says “groped a child without removing her clothes” it cannot be considered as a sexual assault as there was no skin-to-skin contact. Whereas Karnataka high court granted bail to the accused of rape, criminal intimidation, and cheating by saying “ It is unbecoming of Indian women” to go to sleep after she is ravished.
This is the reason why many women do not file a complaint and many times Indians take the matter into their hands. Such absurd statements degrade the value of the justice system in India. We should stop calling India “ world’s Largest democracy” when the rulers do not get justice themselves.
AASTHA SINGH
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