The latest series of judgment by the Indian Supreme Court Judges points to the exact status of affairs of the country. Most of there judgments in the recent times have been anti poor. Lets take about the case of Narmada Bachao Andolan. The latest judgment orders the government to implement the rehabilitation as ordered earlier. When we look at the judgment, it seems a very ruling that goes to benefit all those who is going to displace by this Enormous Dam Construction. When we look into the fact that the ruling was made on a complaint saying rehabilitation has not be done properly, we find the foul play in the ruling. How many times have we heard an instance of the court ruling a judgment by taking into account only the statement made by Government(Surprisingly here Governments are the culprit). This is equal to freeing a murderer, since he has told in the court he has not done the crime.
As Featured On Ezine Articles
The latest ruling by the Honorable Supreme Court of India opening up the laws under the ninth schedule to legal preview has to be seen a continuation of this trend. For the record most of the laws in the ninth schedule are laws which give government authority to implement the land reforms and all other kind of reforms. The ruling by the court point out that any law that goes against the fundamental rights guaranteed by the Constitution has to be reviewed and may be needed has to be revoked. Now here comes the great need to review the fundamental rights given by the constitution.
The first of these rights are
1) Right of Equality
This right seems to be very self explaining and very simple. The definition should be something like this “Everyone should be treated the same in front of Law. Everyone should be treated the same in every opportunity”. But to explain how complex is this right, I am quoting an example or a situation which came into my mind:
Let’s take two people who are writing IIT-JEE (entrance exams to India’s Premium Engineering Institute IIT). One person is coming from an upper middle class family and another from a lower middle class family (I am not considering lower class people, most of them may not have heard of IITs). Let’s call the first person Mr. X and the second person Mr. Y. X has been attending coaching classes for IIT-JEE from class 9th and is been preparing for last 3-4 years. But Y cannot even think about such an expensive coaching class. Now when they get ready for writing the exams can we say both are Equal? Of course not, you know those reasons why. I was pointing to this example to explain how difficult the interpretation of these Fundamental Rights is. In a Utopian world we can have the law bonded completely to the Fundamental Rights (Cause there everyone starts with equal money or points and will not receive any help from outside). In a practical world it is not that simple. I am a Software Engineer; it also means my parents had the sources to fulfill my ambitions. There are many extra ordinary persons who became a big person from very humble beginnings. But the percentage of them is very low. The laws under the ninth schedule are addressing to decrease this parity. So it is essential for them to be left out of Legal review. Let’s take the example of the Narmada Bachao Andolan. Nobody is saying here that the Dam project should be stopped or aborted. The point here is very simple – The people who have been displaced should be rehabilitated. And that should be the first thing to be done. Like all the people in this country they have the Right to Live. Every time when the court is been approached for the negligence of their rehabilitation process, the courts of this country chooses to ignore their pleas and take the Governments statements in Face value. This is a very disturbing trend. If you look at very careful our justice department seems to run according to the stock market. They are more worried about the impact on stock markets rather than the life of poor people of this country. They should always remember that most of this countries people have no connection with these stock market values. Let me Quote Mahatma Gandhi on his view of development “A country’s Development should not be judged on the number of millionaires in the country, but on how well off is the country’s poor”.
Author Resource:-
Hello All, These articles are my opinions on world affairs which you can find in my blog :
![[Valid RSS feed]](/images/icon_Rss.png "XML Feed For RSS"){kind=icon}
Category Rss Feed
Print This Article
Add To Favorites
