The recent case of the Japanese baby (Baby Manji) and the divorce one of the old couple has got me to change my opinion of our much revered and overblown judiciary system. There are no surrogacy laws in India and the poor baby, Japanese sperm and an unknown donor's egg, is parent less now. A legal battle has already ensued between a N.G.O in Rajasthan and two constitutional courts. The issue of propriety of surrogacy and child's nationality has left the father and grandmother in distress.
Our constitution is stuck in a quagmire of the personal opinions of those who dispense justice and the weaklings of lawyers who do not know how to help their clients. A judge is definitely entitled to his/her views but should observe some restraint in expressing them. The 16 year old dead marriage of Narendra Kumar Verma was not given it's due of an end. Why? Because the judge seeing the proceedings thought they should give their marriage a try. Now did Narendra go to meet a councillor. The Judges said that the archaic draconian laws on divorce in our constitution where the mutual consensus is required desisted him for meting out the decision of divorce.
It brings to light once again how our society has and does perceive divorce. there has been a lot of interaction with the west through web, TV, movies and that has led to a huge metamorphosis in the societal psyche. Liberalisation, economic independence, women taking charge at all fronts; all an outcome of our need to grow and know more.
What our judges don't understand is that unless they instead of becoming purists and preachers would simply do what they are suppose to- be facilitators. Let a couple decide whether they want to be with each other or not instead of sending messages through a prism of morality sitting on the throne of law.
Similarly the judiciary should wake up and take cues from the 20 year old case of Baby M in New Jersey and change the perceptions of people like me about those people who act as Gods, in the garb of Black Robes.
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1 comment:
I completely agree...the basic problem with us that we become the moral police for everyone around..its a pity that our laws are regressive and bound by moral dos and donts.these laws are guided by so called cultural mores,(that change with time) rather than protecting guidelines(that should be ammended at intervals)..these systems are made as a watch dog but they act as " the supremo" trying to define life paths..what we lack is unconditional positive regard.
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