Betrayal of the Constitution

The Tribune     13th January 2021     Save    
QEP Pocket Notes

Context: The passage of laws by certain states that would subject inter-faith marriages among citizens to scrutiny and certification by the State has led to abridgement of fundamental rights of individuals.

Issues with Anti Inter-Faith Marriage Laws

  • Intrusion into the privacy of individuals and families: It interferes with the religious and personal choice made by adult men and women.
    • Individual rights are in consonance with the philosophical tradition of the Indian Constitution that recognised spiritual and intellectual advancement as a deeply personal exploration.
    • Individual rights may be restrained only by the laws, and for safeguarding the public interest.
  • It equates community rights with individual rights: whereas the Constitution does not recognise community-based interests. (the exception being community-based entitlements, for socially disadvantaged groups)
  • Disturbs balance between fundamental rights and duties: recent regressive trends in society, should be energetically countered on account of fulfilling one's duties that oblige citizens to oppose the State.
    • For E.g. Under Article 51 ’A’, duties enjoin citizens to -
      • Promote harmony and the spirit of common brotherhood,
      • Renounce practices derogatory to women value and preserve the rich heritage of our composite culture.
      • To develop scientific temper, humanism and spirit of enquiry.
  • Endanger gender empowerment and equality: The laws are based on feudal age (women treated as property and subjected to patriarchy) and on assumptions that adult women re unable of making independent decisions.
  • Damages social fabric: Self-appointed vigilantes spread their prejudices and communal hatred, fear and anxiety among the young and families.
    • The State must deal with law and order problem, and punish those who perpetrate unlawful situations rather than turn on a law-abiding citizen.

Conclusion: Blatant violation of the Constitution through anti-inter faith marriage laws must be rejected before further damage is done to the fragile fabric of Indian society.

QEP Pocket Notes