The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
India (Bharat), officially the Republic of India, is a diverse-multicultural and multilingual country. It is sovereign, socialist, secular, democratic, and republic. India is a federal state having a single, unified and independent judicial system with three-tier hierarchical structures i.e., the Supreme Court, the High Courts, and the Sub-ordinate Courts.
The Supreme Court of India is the apex court of the Indian Judiciary and is the highest authority to validate the Constitution of India, to protect the rights of the citizens, and stand by the principle of ‘Rule of the Law’. Therefore, the Supreme Court of India is also known as the ‘Guardian of our Constitution’.
The Supreme Court of India has various functions. It hears matters of appeals against the decisions of the High Courts, other courts, and tribunals. That straightens outs the conflicts between various government authorities, betwixt state governments, and also between the central and any state government(s). It also accepts matters which the President refers to it in its advisory role. Also takes up cases Suo moto .
Furthermore, the law or the pronouncement that the Supreme Court announces is a mandate for all the other courts within the territory of India, the Union as well as the State Governments. But, at the end of the day, the zenith court follows certain methods of governance for handling discrete matters.
Whether the Supreme Court of India should make changes to its stance in its law of governance?
Scheduled Castes and Scheduled Tribes are those castes/races in our country who had experienced and are still encountering enormous social, educational, and economic backwardness arising out of the age-old practices such as untouchability or owing to the dearth of infrastructural facilities or geographical isolations.
These are the castes that need special attention and consideration for safeguarding their interest and also for their upliftment in society. This was one of the foremost concerns of the framers of our Constitution while drafting the Constitution. To support and for the benefits of the Scheduled Castes, Scheduled Tribes, and other backward castes, various provisions were incorporated into the Constitution of India such as Articles 14, 15(4), 16 (4A), 330, 332, 335 and 338 .
The aforementioned articles of the Indian Constitution provide educational and economic empowerment along with the protection from all forms of exploitations and social & political injustices to the people belonging to the Scheduled Castes and Scheduled Tribes. It gives protection to their cultures and their tribal autonomy. These provisions provide them with enough opportunities to safeguard their interests and lead a contented life.
The author is in favor of the way of governance of the Supreme Court of India in matters related to the Scheduled Castes, Scheduled Tribes, and the other backward castes. Even so, the author also feels that in matters related to the Scheduled Castes, Scheduled Tribes, and the other backward castes, the apex court of India needs to bring small-scale changes in its law of governance.
Providing reservation in the fields of education, jobs, services, promotion, etc. solely based on the fact that the person belonged to a certain caste is unfair for the economically backward people belonging to the General Category. In the present era, people are belonging to the reserved category with a strong economic background too who can sustain a happy and satisfying life in the society without taking the advantage of the reservation provided to them under the Constitution of India. Moreover, there are also people from the General caste who are so poverty-stricken that they cannot even afford two square meals a day.
For instance, we are very well aware of the bright student from Telangana who studied in Lady Shri Ram College, Delhi University; who hanged herself to death over financial hardships. She considered herself as a burden to her family and to free them from the clutches of financial hardships she sacrificed her life. She committed suicide after being denied a scholarship for over a year by the government.
If we look into the past, we would find ample examples where people have ended their lives since they could not afford the bare minimum needs of their life irrespective of which caste they belonged to.
The author would like to recommend that reservation based on caste is all right. But, in this day and age, reservations exclusively based on caste do not look good. The reservation system of our country needs a minute modification i.e., the reservation system should be based on the economical background and financial stability.
By bringing this change we would be able to benefit every person who does not have enough resources to lead a life with the bare minimum needs. The author believes that by bringing this small change, a huge number of people could be benefited and lead a happy and satisfied life by not worrying about the financial problem in their life.
Explanation:
The principle of Equality is enshrined in our Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles of State Policies. The Indian Constitution not only grants equality to Women but also commands the State to embrace and consider making laws for positive discrimination in favor of women and children.
The concept of positive discrimination for women arose in the mind of the framers of the Constitution for the reason that in pre-independence India, the stature of women in the country was underprivileged and badly off. The women in our society were not enjoying the same standard of living or rights as the male members of our society used to. The major cause of their discrimination was the presence of male dominance and patriarchy in our country. Women were undermined and their time was only limited to do only household chores and take care of the family responsibilities.
They were not allowed to lend a hand in the execution and enforcement of other activities. Women were suppressed and were even not allowed to convey or communicate their ideas and their point of view. Above all, there were some age-old ancient practices were followed that were and still are considered social evils. These practices included Sati; where the women were forcefully thrown into the pyre of her husband and burnt alive. More practices like polygamy, child marriage, female infanticide, etc. were also followed. Moreover, even today, some of the practices are alive like polygamy, female infanticide. Child marriages are still prevalent in some remote corners of our society .
So, the inclusion of the women-centric provisions in our Constitution was an attempt by our leaders to upgrade the quality of life that the women in our country were living and also help them to stand at par with the men in our society.
Few articles incorporated in our Indian Constitution in favor of women are Articles 14, 15, 16, 39, 39 A, 42, 46, 47, 51A (e), 243 D, 243 T. In addition to all these articles, there are ‘n’ numbers of acts, legislations for the benefit of women.
Men and Women are the two wheels that help in driving the vehicle named Society in a balanced and smooth way. Even imperceptible harm or injury to any of the wheels, the society would come down crumbling.
The author is absolutely in favor of the positive discrimination towards women. But the author also feels that a minute change in the law of governance in the matters of women and children could bring about a big difference in society. We all know that ‘Change is the Only Constant’ and with changing times, the laws too are need to be modified a bit.
At present, the concept of Patriarchy is still prevailing in our society. With patriarchy, the idea and the notion of Toxic Masculinity are also growing manifold. Toxic Masculinity refers to traditional cultural masculine norms. A set of attributes, behaviors, roles, and cultural expectations. Associated with boys and men that can be harmful not only to women and society but also to men themselves.
To give everyone an idea, the sayings like ‘Be a man. Only girls cry’, ‘Men cannot use makeup products’ etc.. Are all examples of toxic masculinity. The notion of Toxic Masculinity has so deep-rooted in our system. That now it has started eating the system little by little.
Men too are molest, body shame, subject to domestic violence, and much more. They are not being able to express their suppressed feelings.. Out in the open because of the fear of being ridicule and being consider weak. All these have led to a rise in the deterioration of mental health. In men and also in the rate of suicide and self-harm.
Need of the hour:
The author completely agrees that the women in our society are oppress, deprive, abuse, maltreat, and much more. Howbeit, the men in our society too are subject to these; though in less number, but they are. They are not just report or are not coming to the limelight. Owing to the name-calling and repercussions it could lead to. So, we need to bring about certain changes. Setting up from our households by teaching our kids the principle of Equality. To getting the laws modify into gender neutrality.
The author is not against the laws for the protection and upliftment of women. But just wants to state that we can make more gender-neutral provisions. For the betterment of our society and our future generations.
For instance, Section 498 A of the Indian Penal Code, 1860. Protects the woman from the cruelty of her husband and her husband’s family and relatives. By replacing the word ‘Husband’ with the word ‘Spouse’. Could be a more gender-neutral approach and could also be more positive and propitious.
In parallel, the required alteration and amendments. Could also be in the Protection of Women from Domestic Violence Act, 2005. Which is consistent with Section 498 A of Indian Penal Code, 1860; or a similar provision could be enact for the protection of men as well.
The issue of reservation has always been a matter of debate between the reserved and non-reserved sections of society. The unreserved fraction of the society always keeps on opposing the provisions for reservation. While the ones in need of reservation are not aware of how to use the provisions. In their favor and are barely benefit from it. In contrast, the creamy layer of the reserved. Segments is enjoying the special privileges without even the need of it and the political factions. Also throw their weight behind them to full their vote banks.
Reservation is good, but as long as it is for positive discrimination and for the benefit of the downtrodden. And economically backward sect of the society who are in actual need if it . But, when the reservation tends to harm the society and certifies advantage. For some at the cost of the others for meeting mean and narrow political ends, it should be taken away.
Violence is gender-neutral. The physical, verbal, emotional, and economic abuse. Can all be also about by the women against other women or against men too. Sexual abuse too can be cause by a woman on another or any man. Therefore, it is very important to make gender-neutral laws. Similar provisions and forbid any kind of domestic violence. May it be cause by a man or a woman or anyone in the matter thereof.
Drop your comment