Tuesday, January 2, 2018

6) The triple talaq Bill is a classic example of executive-legislative-judicial collaboration towards ensuring social justice. Critically comment. (250 Words)

1. True. First Supreme court gave verdict  (art 141) that triple Talaq is unconstitutional keeping in mind that Fundamental rights for women (Art21- right ot life , Art 15- prohibition of discrimination based on race religion caste or sex). Under Art 141, any judciial verdict by SC qualifies to become a law. Bit despite such verdict, there were as many 66 cases reported in the next month. So SC asked legialture to come up with a proper legilsation. Then there wrere adequate discussions on the same in the cabinet and draft was approved by the same to be laid down before Lok Sabha.
2. It was passed in the Lok Sabha. So we see the entire process from judicial activism to legislature and executive actions, a necessity to ensure justice
However, this colloboration appeared late. This could have done early. Justice was already denied to women.
1. There are criticism of the exeutive in formulating a law on talak e-biddat(becuse they say that it will be misused by muslim women)
There need to be innovative startegies to handle cases related to dowry act 1961, domestic violence act 2005, and triple talaq, so that duplicity of cases are not there and  justice is ensured (without burdening the courts)

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Failure in eyes of society

I am no Kierkegaard or Nietsche or even Socrates, who is here to comment on the failure and success. I am also not here to give you mantras ...